To fill the large number of places thus created, the pen of John Adams
had been kept busy up to the last hour of his administration. Hence
the "midnight appointments," as they were commonly known. Some of the
district judges were advanced to the new circuit judgeships, and their
places filled by the district attorneys. These were "nominated for
promotion," as the message to the Senate termed it.
Not only would this presumably hostile force be in Jefferson's camp,
but their salaries would seriously interfere with his plans for
retrenchment. The Constitution distinctly provided that "judges both
of the supreme and inferior courts shall hold offices during good
behavior." But before the first session of Congress under his
administration was ended, Jefferson wrote that they had "lopped off
a parasite limb, planted by our predecessors on the judiciary body for
party purposes." How had it been done? By passing a new judiciary act,
which abolished the whole system of circuit courts, with their judges
and minor officials, and substituted the old practice of requiring the
Supreme and district judges to perform the labours of the circuit
courts.
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