About State of the Union History

1800 John Adams - "Midnight Judges"



On February 13, 1801 President John Adams signed the Judiciary Act of 1801 which provided a sweeping reorganization of  the nation's court system.   First the act of 1801 reduced the number of Supreme Court justices from six to five and eliminated their circuit court duties.   Second, it created 16 new judges to cover the existing six judicial circuits.   This reform was sorely needed as the Supreme court justices were overtaxed by the duties of the circuit court.   In fact, nine years earlier in 1792,  President George Washington also raised the need to revise the judiciary system.  Washington stated that the judges were being overtaxed with inconveniences of tasks such as processing bail, and in 1793 the number of justices required for a circuit court was reduced from two to one.  

But the Judiciary Act of 1801 when much further than just easing the burden on the supreme court justices, it also increased the scope of the federal judiciary by removing any restrictions over which cases a federal court could hear.   Now, all cases under the constitution and acts of the United States would fall under federal jurisdiction.   For example,  diversity suits (cases involving parties across different states) were now required to be heard in a federal court.  This encouraged citizens to rely more on federal courts, rather than state courts.  The bill passed, but not without significant Congressional debate between the Federalists and the Jeffersonian Republicans.   The Federalists insisted that the number of judges and the establishment of more courts were necessary to protect the federal government from hostile state governments and those who might corrupt public opinion. While the Republicans saw it as a way to weaken the state governments and secure patronage positions for the Federalists.   In 1800, President John Adams a Federalist himself, used his final state of the union to weigh in on the debate.  President Adams wrote that since everyone agreed it is essential that the courts provide "prompt and faithful execution" of the laws, and that the courts were accessible to the people ("convenient"), it was thus necessary for Congress to give serious consideration to the reform of the judiciary system.   In the President's opinion, "no subject is more interesting than this to public happiness", and based upon past experience, there was no other bill that could do more good than the Judiciary Act before them.
"It is in every point of view of such primary importance to carry the laws into prompt and faithful execution, and to render that part of the administration of justice which the Constitution and laws devolve on the Federal courts as convenient to the people as may consist with their present circumstances, that I can not omit once more to recommend to your serious consideration the judiciary system of the United States. No subject is more interesting than this to the public happiness, and to none can those improvements which may have been suggested by experience be more beneficially applied."
The Judiciary Act of 1801 was signed during the last days of Adams' presidency, and the 16 new judges appointed to the circuit courts were hastily confirmed.   In fact, there were only 19 days left in the Adams administration when the bill was signed.  President Adams was said to have signed the appointments at midnight prior to the inauguration of President Thomas Jefferson.  Thus, the act was labeled "Midnight Judges" by the Jeffersonian Republicans who accused the Federalists of packing the courts after their defeat in the elections of 1800.

In 1816, Adams' successor, James Madison once again called for additional reforms of he judiciary system.   He reported to  Congress that the duties of the Federal courts had swelled and the territory they needed to covered had widened.  Supreme Court judges needed some relief from their exhausting itineraries which left them with little time to research and prepare for their duties as the supreme judges of the land.   In addition,  a more convenient organization of the circuit courts was needed, but this time WITHOUT an objectionable increase in the number of judges.  Perhaps, Madison did not want to repeat the mistake of his predecessor.  Here are Madison's words from 1816.
The first is called for by the accruing business which necessarily swells the duties of the Federal courts, and by the great and widening space within which justice is to be dispensed by them. The time seems to have arrived which claims for members of the Supreme Court a relief from itinerary fatigues, incompatible as well with the age which a portion of them will always have attained as with the researches and preparations which are due to their stations and to the juridical reputation of their country. And considerations equally cogent require a more convenient organization of the subordinate tribunals, which may be accomplished without an objectionable increase of the number or expense of the judges.
In 1817, Congress passed an act to expand the role of court appointed federal officers and referred to them as "commissioners".  These commissioner's were authorized to set bail, take affidavits in civil cases, and take depositions of witnesses who were unable to appear in federal court.

http://www.presidency.ucsb.edu/ws/index.php?pid=29442
http://www.presidency.ucsb.edu/ws/index.php?pid=29458
http://www.fjc.gov/history/home.nsf/page/landmark_03.html
https://en.wikipedia.org/wiki/Midnight_Judges_Act
http://www.artizans.com/images/previews/MAT243.pvw.jpg
http://www.fjc.gov/history/home.nsf/page/admin_03_02.html

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