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Story May 17, 1817

Daily National Intelligencer

Washington, District Of Columbia

What is this article about?

A Trenton newspaper article defends Democrats against Federalist accusations of inconsistency in supporting judiciary expansion, arguing circumstances have changed since 1801 and Congress rejected the recent proposal, accusing the Boston Centinel of misrepresentation.

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Democratic inconsistency; or Federal misrepresentation.—We copy the following article from the last Trenton Federalist, into which it appears to have been transplanted from the Boston Centinel:

JOHN ADAMS' MIDNIGHT JUDGES IN VOGUE ONCE MORE.

The National Intelligencer in announcing the adjournment of the late term of the Supreme Judicial Court of the United States, remarked, that though the term had continued six weeks and the Court had despatched much business, very many causes remained untried, as the Court was compelled to adjourn at this time, to enable the Judges to hold Circuit Courts in due time. It then adds. "Every day affords us additional reasons for believing that a correct exposition of our laws, and a due dispensation of justice, equally require, that the Supreme Court should be relieved from the extremely fatiguing duties now additionally devolved on them in their character of Judges of the Circuit Courts." In other words—It is found, upon an experiment of sixteen years, that the Judicial System of the Federalists, so much execrated and ridiculed by the Democrats, was founded in wisdom and expediency; and must be re-adopted to promote the due and speedy execution of justice.

Federal Editors often attempt to fix the charge of Inconsistency on the Democratic party, and they generally fail, as they do in the present instance. It might have been perfectly consistent in the Democrats to have opposed an extension of the Judiciary in 1801, and to favor it in 1817, because the circumstances of the country have greatly changed in this period, and laws ought to be adapted to circumstances. Population, wealth, traffic, and consequently litigation, have immensely increased since 1801: and the labors of the judiciary are of course more arduous.

Besides, the principle seems to be gaining ground that State Judges are not bound to carry into effect United States' Laws; and should this principle prevail, (which we fervently hope never may) a great addition to the present number of Judges must necessarily be made. These remarks are meant to shew, that new Judges might have been unnecessary in 1801, and expedient now. But we deny the fact that "John Adams' Midnight Judges are in vogue once more." It is true the President recommended an extension of the Judiciary; but it is equally true that Congress rejected the proposition. And does this prove the assertion of the Centinel to be true? Or is the opinion of the Editors of the Intelligencer to be considered as the voice of the nation, and paramount to the solemn decision of Congress? This will not be pretended. Instead, therefore, of Inconsistency being proved upon the Democratic party, Misrepresentation is fixed upon the Editor of the Centinel.

Tren. True Amer.

What sub-type of article is it?

Historical Event Deception Fraud

What themes does it cover?

Deception Justice

What keywords are associated?

Judiciary Expansion Midnight Judges Political Inconsistency Federal Misrepresentation Democratic Defense Supreme Court Circuit Courts

What entities or persons were involved?

John Adams Democrats Federalists

Where did it happen?

United States

Story Details

Key Persons

John Adams Democrats Federalists

Location

United States

Event Date

1801 To 1817

Story Details

The article critiques Federalist claims of Democratic inconsistency on judiciary expansion, defends based on changed national circumstances, notes Congress's rejection of the proposal, and accuses the Boston Centinel of misrepresentation regarding John Adams' Midnight Judges.

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