 According to Prof. Rowe , " [ f ] ew major controversies have ended with as slight a whimper as the battle over federal common law crimes that raged in the first two decades of the American republic . " Rowe argues that " without acknowledging it , the Hudson Court disapproved at least eight circuit court cases , brushed off the views of all but one Justice who sat on the Court prior to 1804 , and departed from what was arguably the original understanding of those who framed the Constitution and penned the Judiciary Act of 1789 . " Rowe views Hudson as a codification of an issue decided by public opinion , including during the 1800 presidential election : " Hudson set onto tablets the principles that guided the Jeffersonians during their wanderings in the desert . " 
