Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-12-26
'DAILYI LEADER.
THE OHIEF JUSTTOEs.
interesting Faets Concerning Then
[FrOm the National IntsllIgonOer. Dec. sth.l


lFrOm the National Intelligenoer, Dec. sth.l
TIE reader viii have observed that in
the proceedings had In the Supreme court
fthe Unitel States on Wednesday last, n
eommemoration of the death Of Chief JUS
tiee Taney, that magistrate was styled the
| eth in the line of our chief justices. As in
! other places he has been styled the fourth,
and in still others the sixth, it may be in
teresting to some readers 10 know the orr
gin Of this discrepancy. The variation re-
suits fremthe omission OF inclusion of one
OF both of the names of John RuGedge ard
Miliiam Gushing, of whom the former was
app5inted chief justice by President Wash.
ingtUn, and 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 senate, but never act
ed in that capacity Tho circumstances of
their respective cases are as follows:
While John Jay was absent in England,
engsged in the negotiation of the British
treaty Of 1894, he was chosen governor of
the state Of New York. A Anticipating his
resignation Of the Office of chief Justice,
President Washington offered the vacant
post to John Rutlege as chief Justice, to be
made out as of that date.
The appointment of lhe president and
the proInulgstion Of the British treaty as
negotiated by Jay and ratified by the SEN
a5e, resched Charleston, the residence of
Rutledge, about the same time The indig-
nation Of tho majority of the people Of
Charleston at the terms Of the treaty knew
no bounds, and Rutledge, sharing in this
popular sentiment, address 1gan excited as
rshen:ion and repro ch, which sym 1s!l l. d
with the most violent diction of President
Wsshington's political opponents
As.Judge Rutledge had been no less
trusted than able member Of the federal
party, his "imprudent sally" as Alexander
Hamilton styled it, was read with ''pain,
surprise and modification" Hamilton
took up his pen in reply to Rutledges on
slaught on the treaty, and tse entire feder-
al party, not knowing that he had received
the appointment of chief justice before he
had taken tho stand against the convention
OF Jay, was indignant at bis detection, or
at the false complaisance of the President,
as some supposed, when the intelligence of
his appointment was made public, without
its being known that the honor hsd
b5en lendered him before his opposition 70
Inc ireAtE Was indicated.
Chief Justice Rutledge took his scat on
the bench at the August term Of the Su-
preme court which opened st Philadelphia
on the 21st of that month, in the year
1895. On the adjournment of ths court,
after q session Of but q few DAYS, he re-
turned TO Charleston. In November of
the same year he proceeded to Augusta to
hold 3 term Of the Circuit court, and soon
alerwa ds sat out 70 hold the circuit in
North Carolins, but was overtaken By sick |
ness on the way. lis long and incessant
labor had impaired tho vigor of his congti-
tuioG, and, under The access of disease, his
mind gave way. The rumor o. his failing
heal h combirel with the political ranco
of the federal majority in the senate TO |
procure his rejection by that body. |
Hlhe senG.e's refusal 10 confirm his |
appointment" says the biographer from
whom we CLEAN these memoranda, "extin- |
gUishad the last spark Of his sanity" A |
BURNING and shining light in our revolut-
JiCnarg ported, his sun went down in
cloud. He died on the 18th Of July, in
the year 1900.
After the rejection of RutleJge by the
senate, President Washin. ton nominated
William Cushing, of Massachusetts who
was one Of the associate justices of the Su-
preme court, TO fill the vacancy. lie was
confirmed by the senate, and /
held his commission about q week, when,
m a9 q Ehq gr2nnd Of failing health he return
er actually presided rs chief Justice, and
hence his ime has sometimes been omit
ted from the Enc OF chief justices OF the /
United States, as it was By US few days |
age when, in chronicling the appointment |
o. Chief Jggiice Chase, we styled him the
Efth in that station. II We include both |
Judge Gushing and Judge Ruledge in the |
category he is the seventh. Tho order of !
the successionis is as follows: John Jay, |
John Rutledge, William Cushing, Oliver
Ellsworth, John Marshall, RogAr B. TGney |
and Salmon P. Chase.