Federalists urged the president to discover a substitute earlier than Jefferson took workplace on March 4, 1801.
In late January of 1801, Adams stuffed the emptiness by appointing Secretary of State John Marshall as the brand new chief justice.
President-elect Jefferson, who despised Marshall, was livid. To open a seat on the excessive court docket, Jefferson quickly pushed for the impeachment of Justice Samuel Chase, whom he additionally wasn’t loopy about.
Greater than two centuries later, the nation is consumed by one other combat over the excessive court docket as President Trump rushes to fill the seat of Justice Ruth Bader Ginsburg, who died final week at 87. Democrats argue the Supreme Court docket selection needs to be left as much as the president who’s elected Nov. 3, however are powerless to cease the Republican-controlled Senate from confirming Trump’s nominee.
Adams had simply moved into the newly accomplished White Home, then often called the President’s Home, when Ellsworth introduced his retirement.
After contemplating a number of candidates to switch him, Adams met in January of 1801 with Marshall to debate choices. Abruptly, Adams declared, “I imagine I have to nominate you.”
Marshall later mentioned he was “happy in addition to stunned,” and that he “bowed in silence” as he left. The Federalist-controlled Senate confirmed Marshall every week later.
The Federalists additionally voted to scale back the variety of Supreme Court docket seats to 5 from six when the subsequent emptiness occurred so Jefferson couldn’t appoint anybody. They pushed via the Judiciary Act of 1801 so as to add 16 circuit court docket judges and different judicial appointees, all with lifetime phrases. The motion was “conceived both in folly or in petulance and malice” one Philadelphia newspaper mentioned.
Adams had 19 days to nominate and fee the brand new judges. Marshall, who nonetheless was the performing secretary of state, was reportedly signing judicial commissions in his workplace at midnight earlier than Jefferson’s inauguration the subsequent day. Jefferson’s designated legal professional normal burst into the room and declared that the brand new president had ordered him “to take possession of this workplace and its papers.”
Some historians doubt the story is true, however the Adams appointees did develop into often called the “midnight judges.”
Jefferson charged that the judiciary act was ”a parasitical plant engrafted” on the “judicial physique” as a last-ditch effort to thwart him. However, he wrote to James Madison, “It’s troublesome to undo what is finished.”
As for the Supreme Court docket appointment, there wasn’t any love misplaced between Marshall and Jefferson, though they have been cousins. Marshall, who had fought within the Revolutionary Battle, believed Jefferson had dodged navy fight. Jefferson’s political beliefs additionally made him “unfit” for the presidency, Marshall wrote Alexander Hamilton in early 1801.
Jefferson charged that Marshall’s staunch Federalist views have been anti-democratic. In a letter to Madison, Jefferson complained about Marshall’s “profound hypocrisy.” However there was nothing he might do in regards to the chief justice, who had a lifetime appointment. He nonetheless had Marshall swear him in as president.
After Jefferson’s Democratic-Republicans took management of Congress, they wasted little time in undoing a few of Adams’s actions. They handed the Judiciary Act of 1802, which repealed the Judiciary Act of 1801, eliminating the brand new judges. Then Jefferson noticed a chance to seize a seat on the Supreme Court docket.
In 1803, Chase, whereas presiding over a circuit court docket case in Baltimore, blasted Jefferson’s celebration for repealing the 1801 judiciary regulation. He advised a grand jury that America risked sinking right into a “mobocracy, the worst type of all authorities.”
Jefferson and others thought of the ill-tempered Chase, who was a signer of the Declaration of Independence, to be a dictatorial jurist who blatantly inserted his Federalist politics into his selections. Jefferson wrote to a lawmaker. “Ought the seditious and official assault on the rules of our Structure … to go unpunished?”
Virginia Rep. John Randolph led impeachment fees in opposition to Chase in early 1804, declaring he would wipe the ground with the obnoxious justice. In March of 1804, the Home impeached Chase on fees of “arbitrary, oppressive and unjust” conduct.
The Senate trial started that November. Presiding was Vice President Aaron Burr, nonetheless going through doable homicide fees for lately killing Hamilton in a duel. Although Jefferson’s celebration held the bulk, in early 1805 the Senate acquitted Chase.
Jefferson responded that “Impeachment is a farce which won’t be tried once more.” Chase is the one justice ever to be impeached.
Meantime, Jefferson gained approval to revive the sixth seat to the excessive court docket and add a seventh. He ended up appointing three justices by the point he left workplace in 1809. By then, Marshall had develop into an imposing authorized pressure.
In 1803, William Marbury, a justice of the peace who had misplaced his appointment when Congress canceled the brand new judgeships, petitioned the Supreme Court docket to pressure Secretary of State Madison to provide him his fee. He didn’t get it. However Marshall used the case to write down his landmark Marbury v. Madison opinion that established the precept of judicial assessment of legal guidelines handed by Congress.
Marshall went on to serve 34 years, the longest tenure of any chief justice. He died in 1835 on the age of 79.
Adams as soon as wrote: “The proudest act of my life was the reward of John Marshall to the folks of america.”