The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1864-12-26
The L,ne OF tho chief Jr..,ce..

Justice Taney, that magistrate was styl
ed the 5th i'll the line Of our Chief Jus
t,ces. AS in other places be has bee
styled the fourth, and in still oshers tn
sixth, it may be interesting to some read
ers to know the origin of this discrep
ancy. TIE variation results from th,
omission or inclusion of one Or other O
both of the Dames Of John Rutledge ant
William Cushing, Of whom tho former
was appointed Chief Justice by Presidcn
Washington, aud took his seat on the
bench, but was rejected by the Senate
and of whom the latter was appointed by
the President and confirmed by the Sen.
ate, but never acted in that capacity.
The circumstances of their respective ca
ses are as follows:
While John Jay was absent in Eng.
land, engaged in the negotiation of the
British treaty of 1894, he was chosen
Governor of the State of New York. An
ticipating his resignation OF the Office of
Caief Justice, President Washington Of
fered the sscant post to John Rutledge,
of South Carolina In fact, Mr.. jays
resignation was received on the 30th of
jane, lI95, and on the following day the
President ordered the commission of Mr..
Railedge as Chief Justice to be made out
as of that date.
he appointment of the President and
the promulgstion of the British treaty as
negotiated by Jay and ratified by the
Senate aud reached Charleston, the resi-.
deuce of Rulledge, about the same time.
Tue Indignation of the majority of the
people of Charleston al the terms of the
treaty knew no bounds, and Rutedee,
sharing In this popular sentiment, address
ei an excited assemblage on the subject
in language of repreheusion and roproaeh,
which symboized with the most violent
diction Of President Washington's politi.
cal opponents,
As Jadge Rutledge has been no less
trusted than able member of the Federal
party, his "imprudent sally" as Alexan-
der Hamilton sly led it, was read with
"pan, surprise, and modification
Hamilton took up his pen in reply to Rut-
ledge's onslaught on the treaty, and the
entire Federal party, not knowing that
be had received the appointme nj of Chief
Justice before he had taken his staud
against the convention of Jay, was ndg-
nsnt at his detection, or at the false com-
plaisapce OF the President, as some sup
posed, when the intelligence of bis ap-
pointment was made public, without its
being known that the honor he'd zen ten
de,ed to him before his opposition to the
treaty wss indicated.
Chief Jastice Rutledge took his sea.
on the bench at the August term of the
Supreme Court, which opened at Phlla-
delpha on the 2lst Of that month, in the
year 1898. On the adj purument of the
Court, after session OF but few days,
he returned to Charleston. In Novem
ber at tie same year he proceed ed to Au-
eusta 10 hoil term OF The Circuit Court,
aud seon afterwards sat out to hold the
circuit in Norlh Carolina, but was over
taken by sickness on the way. His long
.and incessaHl labors had impaired the
'vigor OF his constitution, and, under the
access of disease, his mind gave way.
The rumor that his failing health con
spred with the political rancor D the Fed
eral majority in the Senate to procure his
rejection by that body. ''THe Senate's
refusal 10 coutrm his appointment" says
the biographer from whom We CLEAN these
III. moranda, .extinguished the last spark
of bis sanity" A burning and a shining
lig 4 in oar Revolutionary period, his sun
wrnt down in cloud. He died on the
18th of July, in the year 1900
Alter the ri jsction oi Ruiedge by the
Senate, President Washington nominated
William Gushing, Of Msssaahu usetts. who
was ore Of the Associate Justices of the
Supreme Court, to till the vacancy. He
was unanimously confirmed by the Senate,
and held bis commission about a weel
when, ou he ground OF iaiiing health. lie
returned it, declining tie appointment
H never actually presided as Chief JUS,
tice, and hence his name has sometimes
been omitted from the line Of the hieI
Jlstices of the United States, as il was
By US few days ago. when. in ohroni
chng the appointments of Chief Justice
G ase, we styled HIM the fifth u that ex
ated station Ii We include both Judge
Cushing and Judge Rutledge in the cate
gorg, he is the seventh. The order of th,
succession is as follows: John Jay, Johr
Raledee, William Gushing, Oliver Ellis
worth, John Marshall, Rogl b. Taney
and Salmon P. Chase - National Intel
hgeueer.
Ifr A mummy was unrolled, on Thurs
day evening, in the presence of a larg
m ctipg of the New York Historical So
clety and their friends. Prof. Henry
Anderson LII. D., first delivered lee
ture. and another ntleman gave an ac
count of the supposed history of the mum
my. The tomb from which At had bee
taken was supposed to ha We been con
structed about the year 400 before Christ
The Inscriptions on the mummy case an
coffin had. he said, been partially deei
pbered by Dr.. Syfar, who thought the
indicated that the coffin contained the r,
mains Of youth known as "Kartes tt
Just" and tlat the body had been depo
tied there about the year l406 B.
The mummy turned GU. TO be in 90,
state of preservation. but physician or
nounced the bones to be those of a We,
old woman.