In this indictment, Jefferson referred to the act of the closing days of the Federalists, whereby the number of Federal courts had been increased to twenty-seven. It had been done by creating six circuit courts, with judges, marshals, and attorneys, instead of requiring the district judges and Supreme Court justices to make up these courts as had been done under the Judiciary Act of 1789. The excuse for the creation of these medium courts was that too much labour had been imposed upon the judges and justices by the old method. But the Republicans believed it had been done to make places for a large number of irremovable Federalist office-holders. By another act, a circuit court, with three judges, was created for the District of Columbia, with an elaborate system of justices' courts and justices of the peace. 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. No life tenure would hold for an office which did not exist. The anathemas of the "promoted" officials, thus fallen between stools, added to the pleasure of the Jeffersonians. The names of twenty-two unfortunates, whom the Senate failed to find time to ratify in the closing hours, were recalled by Jefferson, under the caption, "Nominated but not appointed."