Why did President Adams pack the courts with Midnight Judges?

Answer 1

Generally, President Adams was trying to ensure his Federalist Party maintained power in the US government after he was defeated by Democratic-Republican Thomas Jefferson in the 1800 Presidential election. The balance of power was shifting from the Federalists to the Anti-Federalists (Democratic-Republicans) in Congress, as well, so Adams used his appointment power to place as many Federalists as possible on the federal courts.

There were three significant appointments; only two were likely motivated by a desire to influence the US government.

1. Adams nominated Chief Justice John Marshall to succeed the aging Oliver Ellsworth on January 20, 1801. Marshall's appointment as Chief Justice of the US Supreme Court was crucial to retaining control of the Court. Marshall was confirmed by the Senate on January 27, and sworn in on January 31 (he continued serving as Secretary of State until the end of Adams' term, however). Although appointed during the lame duck session of Congress, Marshall really shouldn't be seen as a Midnight Judge.
2. Congress passed the Judiciary Act of 1801 on February 13, 1801, ostensibly to spare the Supreme Court justices their Circuit Riding responsibilities by creating six Circuit Courts, realigning the districts, and allowing for the permanent appointment of sixteen new circuit judges, five new district judge, and a number of other legal positions. It also reduced the size of the Supreme Court from six to five (by attrition). Adams quickly began filling the bench exclusively with Federalist judges, whose lifetime appointment would ensure the maintenance of the party's policies (the incoming Congress foiled Adams' plan by passing the Repeal Act of 1802 and eliminating all the new judgeships). Jefferson's Democratic-Republican party referred to these men as Midnight Judges due to Adams' desperate eleventh-hour attempt to maintain control of the Judicial Branch of government.
3. Congress passed another piece of last-minute legislation, the District of Columbia Organic Act of 1801, incorporating Washington, DC and dividing the federal territory into two small cities, Georgetown, MD and Alexandria, VA. One provision of the Act allowed the sitting president to appoint an unspecified number of men to five-year terms as justices of the peace to serve the newly incorporated area. Adams nominated 42 justices of the peace for the territory of Washington, DC a few days before President Jefferson succeeded him in office. These were most likely created to reward political patrons, and had little to do with controlling the Judicial branch because 1) Justices of the Peace have very little judicial power; and 2) They are not officially members of the Judicial Branch. However, the nominations and appointments were made during the last two days of Adams' administration and became historically important via the Marbury v. Madison, (1803) case, so they are also commonly referred to as Midnight Judges.

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