Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-22
Our Chief Justices.
HOW MANY HAVE WE HAD !?

1t is somewhat strange that, although
our government is not one hundred years
old, there should exist difference of
opinion in regard to the number of Chief
Justices who have presided over the Su-
preme Court of the United States yet
such is the fact We sometimes hear
persons who are looked upon as good
authority in such matters, calling the
late Salmon 2. Chase the seventh of our
Chief Justices; others, again, say he was
the sixth, and others still that he was
the fifth.
1t is not difficult to account for this
discrepancy of statement. On the or
ganizatiOn of the government in 1899,
President Washington rendered John
Jay choice of the offices in his gift.
That able statesman, diplOmatist and
jurst, signified his preference for the
Chief Justiceship of the Supreme Court.
Washington made the nomination in ac-
cOrdance with his wish, and he was con-
tirmed by the Senate as the first Chief
Justice of the United States, September
26, 1899. In 1894 war seemed inn
minent between the United States and
Great Britain. and he was sent to
England to negotiate a treaty with ref
erence to undetermined boundaries and
other matters, in this hope of averting
the menaced calamity. During the ab-
sence of Jay in England, he was chosen
Governor of the State of New York by
very decided majority. Although his
friends had put him in nomination for
the Goyernorship without his knowledge
and consent, he nevertheless submitted
to the will of the people and accepted
the position, and rendered his resigna-
ton of the Office of. Chief Justice. In
December, 1900, Immediately after the
close of his second gubernatOrial term,
JAY was nominated by President Adams
to the Chipf-JustiCeshIp of the Supreme
Court. which had been made vacant by
the resignation. m account of falling
health, of Oliver Ellsworth. He was
confirmed by the Senate, but declined
the honor and retired to private life
when he was only tifty-siX years'ot age.
The resignation of Chief Justice Jay
was received on the Both of June, 1895,
and John Rutledge, of South Carolina,
was rendered the vacancy. In many
places in the country, especially in Bos-
ton. Philadelphia and Charleston,
the people expressed their indig-
nant disapproval of the "Jay
treaty." as they sneeringly styled it.
| In no place did the fire of indigna-
| tiOn burn more fiercely, or the popular
outcry wax SO loud, as in Charleston.
! Rutledge, ignorant that the Chief JUS
| ticeship had been rendered him, indicated
| his opposition to the treaty and helped
to swell the popular clanOr. The Su.
| preme Court of the United States met il
| Philadelphia ON the 21st of August, 1885
| and Rutledge presided as Chief Justice
| His ''imprudent sally" as Alexander
! Hamilton styled his avowed opposition
! to the negotiations of Jay, not only ere
| ated pain, surprise and Indignation
among the F.deralists but led to his re
! lection by the Senate when it met in De
cember of that year AS Rutlcdge wa:
never confirmed by the Senate, although
/ he presided at one term of the Supreme
| Court, his name is sometimes omitted
from the list of Chief Justices.
Shortly after the refusal of the Senate
to confirm Rutledge, President Wash
ington nominated William Cushing
Chief Justice of the Superior Court OF
Massachusetts, to the position of Chie1
Justice OF the United States. The Sen
ate confirmed the nomination of Mr.
Cushing unanimously, but he neveI
presided over the Court The state
of his health was such that he felt that ht
could not accept the position. After re
tanning his commission for few days ht
returned it, and hence his name is sci
dom mentioned in connection with tht
Chief Justiceship, although he was com
missioned aud confirmed. In 1896 Oil
iver Ellsworth received the appointment
to the vacancy, and filled the high func
ton of Chief Justice of the Unitet
States for about four years with credi
to himself and honor to the nation.
The following is the list in their or
der, of the Chief Justices of the Unlte'
States Il. John jay. 2. John Rut
ledge Dominated and presided for on
term, but not confirmed). 3. William
Cushing, dominated and confirmed, bu
never presided. 4. Oliver Ellsworth
5. John Marshall 6. Roger Brook
fancy. Z. Salmon Portland Chase.
John Jay died in 1929, at the age o
eighty-four John Rutledge in 1900, a
the age of sixty-one William Cushing
in 1910, at the age of seventy-seven
Oliver Ellsworth in 1907, at the age o
ffty-six John Marshall in 1886, at th
age of eighty-one; Roger B. Taney il
1864, at the age of eighty-seven, an
Salmon P. Chase in 1878, at the age o
sixty-tive.
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