Midnight Judges
Encyclopedia
The Midnight Judges Act represented an effort to solve an issue in the U.S. Supreme Court
during the early 19th century. There was concern, beginning in 1789, about the system that required the justices of the Supreme Court to “ride circuit” and reiterate decisions made in the appellate level courts. The Supreme Court justices had often voiced concern and suggested that the judges of the Supreme and circuit courts be divided.
It reorganized the circuit courts
, doubling them in number from three to six, and created three new circuit judgeships for each circuit (except the sixth, which received only one circuit judge). In addition to creating new lifetime posts for Federalist judges, the circuit judgeships were intended to relieve the justices of the Supreme Court from the hardships of riding circuit (that is, sitting as judges on the circuit courts). The circuit judgeships were abolished in 1802, and the justices continued to ride circuit until 1869. One of the judges on the Supreme Court appointed by Adams was Chief Justice John Marshall
.
It also reorganized the district courts
, creating ten. These courts were to be presided over by the existing district judges in most cases. In addition to subdividing several of the existing district courts, it created the District of Ohio
which covered the Northwest
and Indiana
Territories, and the District of Potomac from the District of Columbia and pieces of Maryland
and Virginia
, which was the first time a federal judicial district
crossed state lines. However, the district courts for Kentucky
and Tennessee
were abolished, and their judges reassigned to the circuit courts.
In addition, it gave the circuit courts jurisdiction
to hear "all cases in law or equity, arising under the constitution and laws of the United States, and treaties made, or which shall be made, under their authority." This form of jurisdiction, now known as federal question jurisdiction
, had not previously been granted to the federal courts.
's inauguration. (Actually, only three commissions were signed on his last day.) The famous Supreme Court case of Marbury v. Madison
involved one of these "midnight" appointments, although it was an appointment to a judgeship of the District of Columbia, which was authorized under a different Act of Congress, not the Judiciary Act.
Attempts to solve this situation before and throughout the presidency of John Adams were overshadowed by more pressing foreign and domestic issues that occupied Congress during the early years of the nation’s development. None of those attempts to fix the situation facing the Supreme Court was successful until John Adams took control in 1797.
Faced with the Election of 1800, a watershed moment in American history that represented not only the struggle to correctly organize the foundation of the United States government but also the culmination of struggle between the waning Federalist Party and the rising Democratic-Republican Party, John Adams successfully reorganized the nation’s court system with the Judiciary Act of 1801. Adams was and is often attacked for undercutting the newly elected Democratic-Republican executive branch by creating more positions for Federalist judges. There are arguments supporting both Adams's sincerity in simply trying to create what the Supreme Court had supported for so long and Adams's efforts to fill the court with Federalists before he left office.
of 1798. The campaign leading up to this election and the election itself revealed sharp divisions within the Federalist Party. Alexander Hamilton
and the extreme Federalists attacked Adams for his persistence for peace with France, his opposition to building an army, and his failure to enforce the Alien & Sedition Acts.
The results of this election favored Thomas Jefferson and Aaron Burr over John Adams, but both Jefferson and Burr got 73 electoral votes. Presented with a tie, the House of Representatives, which was dominated by Federalists and led by Alexander Hamilton, eventually decided the election in favor of Thomas Jefferson. Democratic-Republicans also won control of the legislative branch of government after the congressional elections.
Thomas Jefferson was inaugurated March 4, 1801 without the presence of President John Adams. Jefferson's inaugural address attempted to appease the Federalists by promising to maintain the strength of the federal government and to pay off the national debt. Jefferson spoke of dangerous “entangling alliances” with foreign countries as George Washington did, and made a plea for national unity claiming that “we are all republicans and we are all federalists.” Once elected, Jefferson set out to rescind the Judiciary Act of 1801 and remove newly appointed Federalists.
solidified the United States' system of checks and balances and gave the judicial branch equal power with the executive and legislative branches. This controversial case began with Adams’s appointment of Federalist William Marbury
as a Justice of the Peace in the District of Columbia. When the newly appointed Secretary of State James Madison
refused to process Marbury’s selection, Marbury requested a writ of mandamus
, which would force Madison to make his appointment official. Chief Justice John Marshall
declared that the Supreme Court did not have the authority to force Madison to make the appointment official. This statement actually challenged the Judiciary Act of 1789, which stated that the Supreme Court did, in fact, have the right to issue those writs. Marshall, therefore, ruled that part of the Judiciary Act of 1789
unconstitutional because the Constitution did not expressly grant this power to the judiciary. In deciding the constitutionality of an act of Congress, Marshall established judicial review
, the most significant development in the history of the Supreme Court.
. Chase, a Federalist appointed to the Supreme Court by George Washington
, had publicly attacked the repeal in May 1803 while issuing his charge to a grand jury
in Baltimore, Maryland: "The late alteration of the federal judiciary...will take away all security for property and personal liberty, and our Republican constitution will sink into a mobocracy, the worst of all popular governments." Jefferson responded to the attack by suggesting to his supporters in the U.S. House of Representatives that Chase be impeached, asking, "Ought the seditious and official attack on the principles of our Constitution . . .to go unpunished?" The House took Jefferson's suggestion, impeaching Chase in 1804. He was acquitted by the Senate
of all charges in March 1805.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
during the early 19th century. There was concern, beginning in 1789, about the system that required the justices of the Supreme Court to “ride circuit” and reiterate decisions made in the appellate level courts. The Supreme Court justices had often voiced concern and suggested that the judges of the Supreme and circuit courts be divided.
Effect on judicial divisions and authority
The Act reduced the number of seats on the Supreme Court from 6 to 5, effective upon the next vacancy in the Court. No such vacancy occurred during the brief period the Act was in effect, so the size of the Court remained unchanged.It reorganized the circuit courts
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
, doubling them in number from three to six, and created three new circuit judgeships for each circuit (except the sixth, which received only one circuit judge). In addition to creating new lifetime posts for Federalist judges, the circuit judgeships were intended to relieve the justices of the Supreme Court from the hardships of riding circuit (that is, sitting as judges on the circuit courts). The circuit judgeships were abolished in 1802, and the justices continued to ride circuit until 1869. One of the judges on the Supreme Court appointed by Adams was Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
.
It also reorganized the district courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, creating ten. These courts were to be presided over by the existing district judges in most cases. In addition to subdividing several of the existing district courts, it created the District of Ohio
District of Ohio
The District of Ohio was a federal judicial district of the United States created by the Federal Judiciary Act of 1801 which consisted of the Northwest and Indiana Territories...
which covered the Northwest
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...
and Indiana
Indiana Territory
The Territory of Indiana was an organized incorporated territory of the United States that existed from July 4, 1800, until November 7, 1816, when the southern portion of the territory was admitted to the Union as the state of Indiana....
Territories, and the District of Potomac from the District of Columbia and pieces of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
and Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, which was the first time a federal judicial district
United States federal judicial district
For purposes of the federal judicial system, Congress has divided the United States into judicial districts. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico...
crossed state lines. However, the district courts for Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
and Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
were abolished, and their judges reassigned to the circuit courts.
In addition, it gave the circuit courts jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
to hear "all cases in law or equity, arising under the constitution and laws of the United States, and treaties made, or which shall be made, under their authority." This form of jurisdiction, now known as federal question jurisdiction
Federal question jurisdiction
Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the...
, had not previously been granted to the federal courts.
The Midnight Judges
In the nineteen days between passage of this Act and the conclusion of his administration, President Adams quickly filled as many of the newly created circuit judgeships as possible. The new judges were known as the Midnight Judges because Adams was said to be signing their appointments at midnight prior to President Thomas JeffersonThomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
's inauguration. (Actually, only three commissions were signed on his last day.) The famous Supreme Court case of Marbury v. Madison
Marbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
involved one of these "midnight" appointments, although it was an appointment to a judgeship of the District of Columbia, which was authorized under a different Act of Congress, not the Judiciary Act.
Attempts to solve this situation before and throughout the presidency of John Adams were overshadowed by more pressing foreign and domestic issues that occupied Congress during the early years of the nation’s development. None of those attempts to fix the situation facing the Supreme Court was successful until John Adams took control in 1797.
Faced with the Election of 1800, a watershed moment in American history that represented not only the struggle to correctly organize the foundation of the United States government but also the culmination of struggle between the waning Federalist Party and the rising Democratic-Republican Party, John Adams successfully reorganized the nation’s court system with the Judiciary Act of 1801. Adams was and is often attacked for undercutting the newly elected Democratic-Republican executive branch by creating more positions for Federalist judges. There are arguments supporting both Adams's sincerity in simply trying to create what the Supreme Court had supported for so long and Adams's efforts to fill the court with Federalists before he left office.
The Election of 1800
During the Election of 1800, there was an intense growth of partisan politics, the political party of the executive branch of government changed for the first time, and there was an unprecedented peaceful transition of the political orientation of the country’s leadership. The main issues in this election were taxes, the military, peace negotiations with France, and the Alien and Sedition ActsAlien and Sedition Acts
The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution's reign of terror and during an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
of 1798. The campaign leading up to this election and the election itself revealed sharp divisions within the Federalist Party. Alexander Hamilton
Alexander Hamilton
Alexander Hamilton was a Founding Father, soldier, economist, political philosopher, one of America's first constitutional lawyers and the first United States Secretary of the Treasury...
and the extreme Federalists attacked Adams for his persistence for peace with France, his opposition to building an army, and his failure to enforce the Alien & Sedition Acts.
The results of this election favored Thomas Jefferson and Aaron Burr over John Adams, but both Jefferson and Burr got 73 electoral votes. Presented with a tie, the House of Representatives, which was dominated by Federalists and led by Alexander Hamilton, eventually decided the election in favor of Thomas Jefferson. Democratic-Republicans also won control of the legislative branch of government after the congressional elections.
Thomas Jefferson was inaugurated March 4, 1801 without the presence of President John Adams. Jefferson's inaugural address attempted to appease the Federalists by promising to maintain the strength of the federal government and to pay off the national debt. Jefferson spoke of dangerous “entangling alliances” with foreign countries as George Washington did, and made a plea for national unity claiming that “we are all republicans and we are all federalists.” Once elected, Jefferson set out to rescind the Judiciary Act of 1801 and remove newly appointed Federalists.
Marbury v. Madison
The implications of Adams's actions in appointing Federalists to the Supreme Court and the Federal courts, led to one of the most important decisions in American judicial history. Marbury v. MadisonMarbury v. Madison
Marbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
solidified the United States' system of checks and balances and gave the judicial branch equal power with the executive and legislative branches. This controversial case began with Adams’s appointment of Federalist William Marbury
William Marbury
William Marbury was one of the famous "Midnight Judges". Due to President John Adams's work in the night before he was to leave office, Marbury was to be appointed a Justice of the Peace in the District of Columbia. He was appointed there to give the Federalists a stronghold in the judicial...
as a Justice of the Peace in the District of Columbia. When the newly appointed Secretary of State James Madison
James Madison
James Madison, Jr. was an American statesman and political theorist. He was the fourth President of the United States and is hailed as the “Father of the Constitution” for being the primary author of the United States Constitution and at first an opponent of, and then a key author of the United...
refused to process Marbury’s selection, Marbury requested a writ of mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
, which would force Madison to make his appointment official. Chief Justice John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
declared that the Supreme Court did not have the authority to force Madison to make the appointment official. This statement actually challenged the Judiciary Act of 1789, which stated that the Supreme Court did, in fact, have the right to issue those writs. Marshall, therefore, ruled that part of the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
unconstitutional because the Constitution did not expressly grant this power to the judiciary. In deciding the constitutionality of an act of Congress, Marshall established judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, the most significant development in the history of the Supreme Court.
Impeachment of Samuel Chase
Among the repercussions of the repeal of the Judiciary Act was the first and, to date, only impeachment of a sitting Supreme Court Justice, Samuel ChaseSamuel Chase
Samuel Chase was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland. Early in life, Chase was a "firebrand" states-righter and revolutionary...
. Chase, a Federalist appointed to the Supreme Court by George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
, had publicly attacked the repeal in May 1803 while issuing his charge to a grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
in Baltimore, Maryland: "The late alteration of the federal judiciary...will take away all security for property and personal liberty, and our Republican constitution will sink into a mobocracy, the worst of all popular governments." Jefferson responded to the attack by suggesting to his supporters in the U.S. House of Representatives that Chase be impeached, asking, "Ought the seditious and official attack on the principles of our Constitution . . .to go unpunished?" The House took Jefferson's suggestion, impeaching Chase in 1804. He was acquitted by the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
of all charges in March 1805.