The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-10

ate. They consist of. first. nomination by
the President second. confirmation by the
Senate; third. signing OF commission
by the President. and fourth. affixing Oh
seal. 1t is competent for the President to
recall nomination after il has been sent
to the Senate, and this has sometimes been
done. he may also reconsider nomination
and decline to sign the commission even
after the Senate has confirmed the nominal
ton. This has rarely been done. but Judge
Baker cited one historic case, even more
remarkable, in which an incoming Presi-
dent countermanded several commissions
which had been signed by his predecessor
in the closing hours of his term, but which
had not yet been countersigned and sealed
by the secretary of state. This was on
March 4. 1901. when Thomas Jefferson sue
ceeded John Adams as President. Party
feeling at that time ran high between the
Federalist and Democratic parties. AS
Judge Baker was only expounding legal
point he did not go into the details of the
case. One historian says:
just before the close of the administration
OF John Adams the Federalists in Congress
passed an act creating twenty-thJ ee ad-
dluonal United States courts throughout
the country. There was no immediate need
OF this increase of courts. but the act was
passed in order that judges who would care
Tor the interest of the Federal party might
De appointed by President Adams. III was
then generally understood that midnight OF
the 81 or March was the time when the olu
administration ceased and the new one
came in. The court act was passed so late
That the arrival of the hour when Pres
/ IL
of State Marshall with most of the COM
missions for the judges unsigned. He was
busily engaged signing them when Lew
selected for attorney general by Mr.. JEFF
ferson. walked into the Department of State
and said to the secretary; II have been
ordered by the President-elect to take pos
session of this Office and its papers" why,
Mr.. jefferson has not qualifed!' exclaimed
the secretary. That is true, vas the re-
ply, but he considers himself IN the light
the papers of government until he is duly
qualified. But it is not midnight yet,
| said Secretary Marshall. pulling out his
watch. Mr.. Lincoln produced a fine chro-
nometer. and showing it to the secretary,
said: This is the Presidents watch: and
that the hands of the watch pointed to
midnight, and. without another word he re-
tired casting sorrowful look upon the un-
sealed commissions lying on the table. He
| afterward said that he was rot allowed to
| pick up anything but his hat. He had, how
/ ever, several signed commissions in his
| pocket, and those who received them were
! always known as "AdamsS midnight
| judges"
MarbuIy, whose case was cited by Judge
Baker was one of those whose commits
sions had not yet received the seal of the
| United States, and there was some ground
! for the contention that the appointment
vas not yet complete. The Withholding OF
it pushed the right of the executive to can
| eel an appointment to the extreme verge
| of the law, though technically Jefferson
was right. 1t is probably competent fol-
| an incoming President to revoke or coun-
termand any incomplete or inchoate act OF
his predecessor that he does MT approve
of. and Ii would seem to be within his power
to recall a judicial commission at any time
before it has received the seal of the de-
partment to which it relates. and perhaps al
any time before it has been issued. In JET
ferson's time all commissions signed by the
President had to receive the great seal Of
the United States, of which the secretary o.
state was custodian. Now those relating Il
the different departments receive different
| seals. those of judges the seal of the De
partment of Justice. General Jackson
fought the battle of New Orleans severa
days after peace had been declared betwee,
the United States and Great britain. h'
won the battle and it stayed won, but {
Judge of the United States Court would no
like to continue sitting in trial after hi
term of office had expired.