The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-11-18

atter the election OF Mr.. JcUefsOh, Out
few weeks before his Inauguration, on
the 2lst OF January, 1901 President Ad
ans appointed John Marshall Chief
Justice of the Supreme Court of the
United States, and the Senate confirmed
his appointment thirty-,Wo days before
the term of President Adams expired,
and Judge Marshall held both offices,
and performed their duties at the same
time-presiding at the February term OF
the Supreme Court while performing
the duties of Secretary of State, which
office he continued to hold until mid
night of the 81 Of March following,
whrn the Admins ration Of John Ad-
ANS as President ceased to exist. How
two important offices 80 Incompatible
the SeCretaryship of State, representing
the Executive Department of the Gov
ernment, the Chief Jlsticeship being
the head of the Judicial Department
could be held and its duties executed
by the same individual is problem
which "Old Time Politics" is Fortunate
ly not called upon to solve, 1t is facts
connected with political history VIII ch
we give, not to solve great law QUESTION:.
John Jay held the same Office of Chief
Justice while acting as Minister to Eng
and comp aint was made about 1t. In
the case OF Marshall and his two off
GERS, held at the same time, such history
as has been scanned gives equal COM
plant and argument that, it seems at
this late day, hard to answer. An in
stance, Mr.. Adams, as President, might
| have been impeaChed-his Secretary of
State, as Chief Justice, would have to
preside at his trial, A treaty, made by
the Secretary of State, might in some of
its provisions, be made the subj ct of
law proceedings-as Chief Justice, the
matter must pass in revi9w before the
Court of which he is the head, to decide
upon a treaty which the Judge deciding
1t made while Secretary Of State. In
both these presumed cases he would be
party in interest. Besides this, as Sec
retary of State, he was at the head of the
State Department, the head next to the
President of the Executive Department
and, as Chief Justice, the very head of
the Judicial Department
The Admin istTation of Mr.. Adams was
far from being success. Tne alien and
sedition laws, enacted during that term
have caused blot to rest upon, which
time cannot efface. II punished men
for being foreigners and gave the Presl
dent the hight TO send them ont of the
couDtry; because of the suspicion of moi
being right in their politics. The sedi.
ton law punished as a high crime the
wiring OF printing or speaking disre
speCtfully of Congress, the President or
other hign officials, and the Federal
Judges, sitting in judgment upon these
"seditionlsts," 30 constructed the law
that no one indited could escape. For
letter written and dated before the
law was passed, and printed in dis
tant newspaper before any one in the
State of Vermont where the letter was
published, had knowledge that it had
or would be passed, Matthew Lyon, an
anti.Federal Congressman from Yer
mont, was indicted, tried, fined and i'm
prsoned. These laws, which in fact ex
pired by limitation the day Mr.. Adams
ceased to be President, reused party
spirit almost to frenzy, and from the
date of their passage the doom OF the
Federal party was sealed
During tie latter art of Mr.. Adams
administration law was passed Great.
ing twenty.fOur new Judges of tie
United States Courts. The bill creating
this batch of Judges-intended and the
law made them life offices-lingered
in Congress until after the fact of Adams
defeat and Jefferson's election as Presi.
dent was known. Between the time this
fact was known-12 b of December 1900
and the 4 b of March following sever
al valuable Offices became vacant, one OF
which was that of Chief Jus ice, and
with these twenty four Judges newly
created had to be filed.
To the Chief Jnsticeship, as before
stated, Mr.. Adams appointed, and the
Senate confirmed, John Marshall, on
the 3lst of January, after it was known
that Jefferson was elected President, al
though, as previously stated, Marshall
held at the time, and confined to hold
until Jefferson's Inauguration, the Office
of Secretary of State. All the ap.
pointees were Federal, of course, and,
under the circumstances, Jefferson felt
deeply indignant, Writing to General
Knox, who had written TO congratulate
him on his election, Mr.. Jefferson, ia
speaking of these appointments, said
that Mr.. Adams knew ne was not max.
ing them for himself, but for his success.
sor, and hence Jeffer.on characterized
them as an outrage on decency, which
should not have effect, except in the
life appointments, which are immova
BILE; "but as to the otners," the newly
elected President said II consider the
nomination as nullities, and will not
view the persons 80 appointed as even
candidates for their Office, much less as
possessing it by any title meriting re-
speCt." And every man 30 appointed in
Office when Jefferson was inaugurated
was promptly removed. The twenty.
four Judges confirmed, some Of them, it |
is said, by the Senate on the night of the |
Sd of March, could not be removed be-
cause their Office was a lifs.tenure; but,
upon the accession of Mr.. Jefferson, and |
with him Democratic Congress, the
law was repealed, and "Mr. Adams
midnight Judges" ss they were called,
had but a short lease of power A tale |
told, and never denied, and for this rea-
son has become history, says that up 10 |
the last hour of midnight at which time |
the Administration of Adams ended the |
Secretary of State (MarshalD vas en-
gagged in signing commissions as he got |
news of the Senate confirming the ap.
pointments, some of whom had bee
sent to the Senate as late as nine o'clock |
that evening. While thus engaged in |
C1mmiss oning officials for new Ad-
Secretary Marshall and |
Lis clerk, at 12 o'clock, midnight, were
startled by an apparition in the person
of LIE Lincoln of Massachusetts, whom
Mr. Jefferson had selected as his Attor-
ney General. The conversation be
tween Lincoln and Marshall-doubtles
related by Lincoln himself-is given as
follows:
"Llncoln-I have been ordered by Mr.
/ 4 fiarann m toba noopaacinn Of thia |