John Marshall is thrust into the office …
Years: 1801 - 1801
January
John Marshall is thrust into the office of Chief Justice in the wake of the presidential election of 1800.
With the Federalists soundly defeated and about to lose both the executive and legislative branches to Jefferson and the Democratic-Republicans, President Adams and the lame duck Congress had passed what has come to be known as the Midnight Judges Act, which makes sweeping changes to the federal judiciary, including a reduction in the number of Justices from six to five (upon the next vacancy in the court) so as to deny Jefferson an appointment until two vacancies occur.
As the incumbent Chief Justice Oliver Ellsworth is in poor health, Adams first offered the seat to ex-Chief Justice John Jay, who declines on the grounds that the Court lacks "energy, weight, and dignity."
Jay's letter had arrived on January 20, 1801, and as there was precious little time left, Adams had surprised Marshall, who had been with him at the time and able to accept the nomination immediately.
The Senate had at first delayed, hoping that Adams would make a different choice, such as promoting Justice William Paterson of New Jersey.
According to New Jersey Senator Jonathan Dayton, the Senate finally relented "lest another not so qualified, and more disgusting to the Bench, should be substituted, and because it appeared that this gentleman [Marshall] was not privy to his own nomination".
Marshall, confirmed by the Senate on January 27, 1801, receives his commission on January 31, 1801.
While Marshall will officially take office on February 4, at the request of the President he will continue to serve as Secretary of State until Adams' term expires on March 4.
With the Federalists soundly defeated and about to lose both the executive and legislative branches to Jefferson and the Democratic-Republicans, President Adams and the lame duck Congress had passed what has come to be known as the Midnight Judges Act, which makes sweeping changes to the federal judiciary, including a reduction in the number of Justices from six to five (upon the next vacancy in the court) so as to deny Jefferson an appointment until two vacancies occur.
As the incumbent Chief Justice Oliver Ellsworth is in poor health, Adams first offered the seat to ex-Chief Justice John Jay, who declines on the grounds that the Court lacks "energy, weight, and dignity."
Jay's letter had arrived on January 20, 1801, and as there was precious little time left, Adams had surprised Marshall, who had been with him at the time and able to accept the nomination immediately.
The Senate had at first delayed, hoping that Adams would make a different choice, such as promoting Justice William Paterson of New Jersey.
According to New Jersey Senator Jonathan Dayton, the Senate finally relented "lest another not so qualified, and more disgusting to the Bench, should be substituted, and because it appeared that this gentleman [Marshall] was not privy to his own nomination".
Marshall, confirmed by the Senate on January 27, 1801, receives his commission on January 31, 1801.
While Marshall will officially take office on February 4, at the request of the President he will continue to serve as Secretary of State until Adams' term expires on March 4.
