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Otis, Harrison G. to John Lowell Jr. re: Adam's appointment of the "Midnight Judges"

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Gilder Lehrman Collection #: GLC05588.03 Author/Creator: Otis, Harrison G. Place Written: Washington Type: Autograph letter signed Date: 1801/02/18 Pagination: 1 p. + addr. + FF 25 x 20.2 cm Order a Copy

Adam's attempt to appoint federal judges before Jefferson's inauguration. Mentions appointments of Justices Lowell (Chief justice of the 1st Circuit), Bourne and Jere: Smith (Associate Justices of same), John Davis (district judge), himself ("H.G.O") (D.A.). He concludes "It is presumable the appointments will be concurred in. Mr. Parson is also nominated Attorney General of the United States."

Notes: The reorganization of the court system by the Judiciary Act of 1801, passed by Congress on February 13, created a large number of lifetime appointments. Before leaving office on March 3, President Adams filled all of these vacancies, which were quickly confirmed by the Federalist Congress. These appointees became known as "Midnight Judges." The Jefferson administration rid the court of these federal judges by passing the Act of 1802 which repealed the Judiciary Act of 1801.

Washington Feby 18 1801
My dear Sir,
My original opinion is correct and my later suspicions have not been verified. Judge Lowell is nominated Chief Justice for the first Circuit, Bourne of Rhode Island and Jere: Smith of New Hampshire associates. John Davis is nominated District Judge, and H. G. O. District Attorney, the last of whom may possibly stand a chance of being continued in office two months, & perhaps not so long. It is presumable the appointments will be concurred in. Mr. Parsons is also nominated Attorney General of the United States.
I am Dr Sir
very truly
yr most obedt Servt. &c.
H.G. Otis
[Free frank:]
Free H.G. Otis
Jno Lowell Junr Esq
Boston

[Docket:]
H.G. Otis 1801

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