Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-15
weekly National InteiIiyencer
THURSDAY, DECEMBER Is, 1864.
THE LINE OF THE CHIEF JUSTICES.

THE LINE OF THE CHIEF JUSTICES.
The reader will have observed that in the pro
ceedings had in the Supreme Court Of the United
States on Wednesday last, in comnemoration o.
the death of Chief Justice Taney, that magistrate
was STYLED the fifth in the line of our Chief jus.
tices As in other places he has been styled the
fourth, and in still others the sixth, 1t may be In
teresting to some readers to know the origin OF
this discrepancy The variation results from the
omission or inclusion of other or both OF the
names Of John Rutledge and William Gushing, Of
whom the former was appointed Chief Justice by
President Washington, and took his seat on the
bench, but was rejected by the Senate, and Of
whom the latter was appointed by the President
snd confirmed by the Senate, but never acted in
that capacity The circumstances Of their respec.
tive cases are as follows:
While John Jay was absent in England, en-
gagged iu the negotiation Of the British treaty OF
l794, he was chosen Governor OF the State OF New
York. Anticipating his resignation OF the ONCE
Of Chief Justice, President Washington offered the
vacant post to John Rutledge, Of South Carolina.
In fact, Mr. jays resignation was received on the
SOth of June, 1875, and on the following day the
President ordered the commission of Mr.. Rutledge
ss Chief Justice to be made out as Of that date.
The appointment Of the President and the pro-
mulgation Of the British treaty as negotiated by
Jay and ratified by the Senate reached Charleston,
the residence Of Rutledge, about the same time.
The indignation Of the majority Of the people OF
Charleston at the terms of the treaty knew no
bounds, and Rutledge, sharing in this popular
sentiment, addressed an excited assemblage on the
subject in language of reprehension and reproach
which symbolized with the most violent dictlon
Of President Washington's political opponents
As Judge Rutledge had been no less trusted
than able member Of the Federal party, his i'm
prudent sally" as Alexander Hamilton styled 1t,
was read with pain, surprise, and modification
Hamilton took up his pen in reply to Kutledge's
onslaught on the treaty, and the entire Federal
psrty, not knowing that he had received the ap'
pointment of Chief Justice before he had taken
his stand against the convention OF Jay, was IN
diensnt at his detection, or st the false com
nlaisancs of the President, as some supposed,
when the intelligence of his appointment was
made public, without its being known that the
honor had been rendered to him before his oppcs:-
ton to the treaty was indicated
Chief Justice Rutedge took his seat on the
bench at the August term Of the Supreme Court
vhich opened at Philadelphis on the 2lst Of that
.oontb, in the year 1876. On the adjournment Of
re Court, after session of but few days, he re-
turned TO Charleston. In November of the same
year be proceeded to Augusta to hold term Of the
Circuit Court, snd soon afterwards sat out to hold
,he circuit in North Carolina, but was overtaken
~ sickness on the way. His long and incesssni
lsbors had impaired the vigor Of bis constitution,
md, under the access Of disease, his mind gave
vay. The runor Of his falling health conspired
nth the political rsncor Of the Federal majority in
the Senate to procure his rejection by that body
"The Senat,' refusal to confirm his appointment,
says the bogrspher from whom we CLEAN these
memoranda, "e1tinguished the last spark of hit
sanity." A burning aud shining light in oul
RevolutioDary period, his sun went down In cloud
lie died on the 18th of July, in the year 1900
After the rejection Of Rutledge by the senste
President Washington nominated William Cush
ing of Massachusetts,, who was one Of the Associate
Justices Of the Supreme Court, to fill the vacancy
He was unanimously confirmed by the Senate, and
held his commission about week, when, Oh
the ground of failing health, he returned 1t, de
clining the appointment. he never actually pre-
sided as Chief Justice, and hence his name hal
sometimes been omitted from the line Of the Chic
Justices Of the United States, as it was by us
few days ago, when, in cbronicliDg the appoint
ment Of Chief Justice Chase, we styled him tn
9Th in that exalted station. If we include bot
Judge Cushing and Judge Rutledge in the cate
CORY, he is the seventh. The order Of the success
sion is as follows John Jay, John Rutledge
William Cushing, Oliver Ellsworth, John Mar
shall, Roger B. Taney, and Salmon P. Chase