of their establishments, it is feared would ultimately
reduce the people to the utmost state of irritation."
The chief alarm of the Anti-Federalists, however, was
over the fact that all these positions would probably
be filled with Federahsts by President Adams before
he went out of ofBce. They soon found their worst
fears fully realized. The bill was enacted into law
on February 13, 1801 ; within thirteen days, Adams
sent to the Senate a complete list of nominations for
the new Judgeships, chosen practically entirely from
members of his own party ; and by March 2, the Senate
had confirmed the last name.^ The appointment of
these Judges who, from the fact that many of the
commissions were filled out on the last day of Adams'
term of ofBce, became derisively known as the "Mid-
night Judges", naturally caused intense indignation
to JeflFerson and all his party. The criticism in the
Republican newspapers was widespread and savage.
That "Mr. Adams is laying the foundation of future
faction and his own shame" was the common comment.
"The close of Mr. Adams' Administration was marked
with all the folly and wickedness that it was ever
distinguished for," wrote Wilson C. Nicholas to John
Breckenridge of Kentucky. "The Judiciary bill has
been crammed down our throats, without a word or a
letter being suflfered to be altered," wrote Stevens
Thomson Mason. "A new Judiciary system has
been adopted with a view to make permanent provision
for such of the Federalists and Tories as cannot hope
^ For Uie Federalist view of the merita of this statute, see letters of Robert Goodloe Harper, May 16, 1800, Feb. 26, 1801, James A. Bayard Papers (1915). For list of the "Midnight Judges" see Amer, Law Rev., X, 408; Hieiory cf American Bar (1911), by Charles Warren, 352. Of the sixteen Circuit Judges, six were promoted from the position of District Judge, and to the vacant District Judgeships thereby created, three Senators and one Representative were named. Two Representatives also were appointed as District Attorneys in place of two of these officials who were appointed as Judges. The Judiciary Ad cj 180U by Max Farland* Amm. Hist, Rev. (1900), I ; Aurora, Feb. 24, 1801.
