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President John Adams, the 2nd President of the United States (1796-1801), because he wanted a Federalist majority in the Supreme Court. Many anti-Federalists or Democratic-Republicans thought this unfair and did not want to honor the appointments made by the outgoing President.

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President Adams, a member of the Federalist party, lost the 1800 Presidential election to his rival, Thomas Jefferson, who was a member of the new Democratic-Republican party. The Democratic-Republicans originated from a group called the anti-Federalists because they opposed almost everything the Federalists stood for. The Federalists favored a strong central government, with State and individual rights subordinate to the federal (hence, the name "Federalists") government; the Democratic-Republicans, on the other hand, supported States rights and a smaller central government that did little to interfere with personal liberty. Federalists believed in rule by the elite; Democratic-Republicans believed ordinary citizens should play a larger role.

Adams' was not the only loss the Federalists suffered during the 1800 elections. They also lost control of both the House of Representatives and the Senate, which did not bode well for the party's future. President Adams, in a desperate attempt to reinforce the Federalists' influence, took advantage of two pieces of legislation Congress passed during its lame duck session, in February 1801.

The first was the Judiciary Act of 1801, passed in mid-February, which expanded the federal judiciary, reduced the number of Supreme Court justices by one (by attrition), and created 16 new Circuit judgeships to relieve the Supreme Court justices of their "Circuit riding" responsibilities. Adams quickly appointed members of the Federalist party to all 16 positions.

The second piece of legislation was the Organic Act of 1801, which passed just a few days before the end of Adams' term. The Organic Act removed the territory of the District of Columbia from the jurisdiction of Maryland and Virginia, and placed it under Congressional control. The Act also allowed Adams to appoint an unspecified number of low-level judicial workers, justices of the peace, to serve five-year terms in the District of Columbia.

On March 2, two days before leaving office, the President nominated 42 men to fill these positions. Congress pushed the confirmations through on March 3, in the waning hours of Federalist control; Adams signed the appointments; and Secretary of State John Marshall stayed up late into the night entering information into the ledger and sealing the commissions in preparation for delivery. Collectively, these justices of the peace became known as the "Midnight Judges" for their last-minute initiation.

Marshall had to rely on the incoming Secretary of State under President Jefferson, James Madison, to deliver the paperwork so the appointees could take office.

Marshall, meanwhile, had been nominated Chief Justice of the United States at the end of January 1801, had been sworn-in in early February, and had served as both Secretary of State and Chief Justice of the Supreme Court during Adams' final month in office. (Some people also consider Marshall a Midnight Judge, although this is technically incorrect.)

Unfortunately for both former President Adams and new Chief Justice Marshall, Thomas Jefferson thwarted their efforts at creating an all-Federalist Judicial branch by eliminating twelve of the justice of the peace positions, replacing five appointees with members of the Democratic-Republican party, and allowing Madison to arrange delivery of the rest.

Four of the men whose appointments were rescinded petitioned the Supreme Court for a writ of mandamus (a court order compelling an official to execute an action under his power) forcing Madison to deliver their commissions. This resulted in one of the most important cases in Supreme Court history, Marbury v. Madison, (1803). (William Marbury was one of the four men petitioning for relief.)

The Democratic-Republicans in Congress also repealed the Judiciary Act of 1801, temporarily reverting to former conditions under the Judiciary Act of 1789, and legislating the new federal judgeships out of existence. In the process, they suspended the Term of the Supreme Court for a year, to prevent their interference with the transition. Thus, the Supreme Court did not sit at all in 1802, and fourteen months elapsed between sessions.

For more information on Marbury v. Madison, 5 US 137, (1803), see Related Links, below.

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Q: What US President appointed 42 judges in his last days in office?
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