The New York herald., 1867-02-01
Removal or the Midnight Judges.

friendless."
Removal or the Midnight Judges.
In 1900 the leaders Of the federalist party,
even after having won over their opponents at
tho ballot boz q victory which enabled them
to retain possession Of every branch Of the
government felt, nevertheless, the need Of
what they styled "a new engine of govern
ment" But their theories differed as to what
this should be. Ames believed in . standing
army, that old-hshioned "engine Of govern
ment," for putting down opposition. Hamilton.
at least objected to any present reduction Of
the regular army. Wolcott, however, had said
1t Is impossible in this country to render an
army an engine Of government" and he relied.
therefore. upon avery decided extension OF
the judicial establishment President Adams
warmly recommended this latter measure. Ac-.
cordingiy, IN Che Sixth Congress, it was carried
Although shorn Of the magnificent proportions
which ib trainers had originally planned for
n, enough remained to make H. in their own
words, san engine Of government" and "a
source Of salutary patronage" Moderate
republicans. indeed, concurred with federaliss
in recognizing the principle and the necessity
Of reorganization Of the judiciary. But the
controlling motive Of the federalist leaders, as
avowed in their private correspondence, was
obvious. Theirs was purely party design.
Totally defeated as they had at length been
before the people, they "employed the last
moments Of their power in establishing par
tisan engine of government which was out
of the reach of elective remedies and
which would enable them through the
lives of one set Of judges, at least,
to cmbarrass. retard and often defeat, not
merely special measures of the other and
elective branches Of the government, but the
whole system Of constitutional exposition
which the American people had, as On inde-
pendent and selfgoyerning nation. delibe-
rately adopted The act sfor the more csn-
venient organization Of the courts Of the United
States" became law on the 18th Of February.
OF nominating the new judges, selecting fede-
ralists of course, although be knew that within
few days his own term Of Office would expire
and that his successor would be repub lican.
He had hardly time to consider and decide
upon the claims Of the partisans with whom
no had determined to fll the Offices. His last
nominations of judges were sent into the Senate
as late as nine o'clock at night on the Sd Of
March, and with the assent Of the Senate,
which did not adjourn until q much later hour,
the commissions were made out and signed.
The bench thus acquired the popular designa--
hon or ~yohn Adams' midnight judges"
A tremendous clamor was immediately
raised. The Judiciary act, and especially the
appoin&ments made under n, were held up TO
popular odium as unworthy mauouvres, "hav-
Ing no other object except 70 plunder the
Treasury for the benefit Of the federal leaders,
.ousted by the public voice from the control of
the other departments Of tho government"
Several Of the State Legislatures instructed
their Senators and Representatives in Congress
Jefferson had early opposed what he stigma
tized ~ "a fraudulent use Of the constitution"
BY which the fedcralists "have multiplied use
less judges merely to strengthen their phalanx."
He wrote, "they have retired into the judiciary
- stronghold. There the remains Of federalism
are to be preserved and fed from the Treasury.
and from that battery all the works Of repub-
licanism are 10 be beaten down and erased"
On becoming President he called special atten-
ton il his inaugural to the judiciary system.
sand especially that portion Of il recently
erected" The question Of repeating the Ju-
dietary act soon came up in Congress.
A motion by the Hon. John Breckinridge,
- -. L. L. ckk
Of January, 1902, was the signal for m earnest
and protracted debate, one OF the first and
6ercest party struggles in Congress under
President JeHerson's administration. The bill
finally passed the Senate, sixteen TO fifteen, and
The House ffty-nine TO thirty-two. In the
House on this occasion the Hon. William
B. Giles. OF Virginia, made a memorable
onslaught upon the whole Judiciary system,
and upon the entire policy Of the
late administration. The republicans In both
Senate and House listened TO no arguments
urged by their opponents, not even TO the
plausible one " that whether the act itself was
good or bad, as the now judges had been ap-
pointed for life, that appointment amounted in
substance to a contract on the part OF the
public, which, consistently with The spirit Of the
constitution, could not be set aside" They
persisted in spurning the idea that party trick
intended to contravene the deliberately ex-
pressed will Of the people "could be covered
up by any forms which rendered il inviolable;
that constitution could be overtbrown under
the prstence Of guarding the letter Of its invi-
olability." And they passed the BILL battling
the party trick" and repeating ,the Judiciary
act
jefferson himself, even in objecting to that
act ss - fraudulent use Of the constitution
had alluded 70 the latter as having "mads
judges irremovsblc," and be seems TO have
been very doubtful, at least previous to the
meetinr Of Congress- awhether the iud0es had