Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-06-06

HOW MANY HAVE We uAu2

1t Is somewhat strange that, although
our government Is not one hundred years
old, there should exist difference Of opin-
ion in regard to the number of Chief jus
tices who have presided over the Supreme
Court of the United States vet such ii-
the fact. We sometime hear persons who
are looked upon As good authority in such
matters, calling the late Salmon Z. 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 10 account for this dis
crepancy of statement. ON the organiza-
tion Of the government in 17s9. President
Washington rendered John JAY choice Of
the Offices in his gift. The able statesman.
diplOmatiSt and iuriSt, siguified his prefer
ence for the Chief Justiceship Of the Su-
preme Court. Washington made the nomi-
nation in accordance with his wish, and he
was confirmed by the Senate as the first
Chief Justice of the United States. Septem-
Der 26, 1883. In 1871 war seemed immirent
between the United States and Great Bri-
tain. and he was sent to England to nego-
tiate treaty with reference to undetermin-
ed boundaries and other matters, in the hope
of averting the menaced calamity. Daring
the absence 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
Governorship without his knowledge and
consent. he nevertheless submitted To the
will of the people and accepted the position,
and rendered his resignation of the Office of
Chief Justice. In December. 1900. immc-
diately after the close of his second guber-
material term, Jay was nominated by presi-
dent Adams to the Chef-J usticeship Of the
Supreme Court, which had been made va
cant by the resignation, on account of fail
ing health, of Oliver Ellsworth. lie was
confirmed by the Senate, but declined the
honor and retired to private life when he
was only fifty-six years of age.
The resignation of Chief Justice Jay was
received ON the Both of June, 1885, and
John Rutledgc Of South Carolina. was ten
dered the vacancy. In many places in the
country, especially in Boston, Philadelphia
and Charleston, the people expressed their
indignant disapproval OF the Jay treaty, -
as they sneeringly styled it. In no place
did the fire of Indignation burn more fierce
ly. or the popular outcry wax so loud. as in
Charleston. Rutledge, ignorant that the
Chief Justiceship had been rendered him,
indicated his opposition to the treaty and
helped to swell the popular clamor. The
Supreme Court of the United States met in
Philadelphia on the 2lst of August. 1895.
and Rutledge presided as Chief Justice
His - imprudent sally, !" as Alexander Ham
ilton styled his avowed opposition to the ne
gotiations of jay, not only created " pain.
surprise and Indignation" among the Fed
eraiists, but led to his rejection BY the SEN
ate when it met in December of that year
As Rutledge was never confirmed bv 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 Rutledgc, President Washington
nominated William Cushing, Chief Justice
of the Superior Court of Massachusetts,. to
the position of Chief Justice of the United
States The Senate confirmed the nomina-
tion of Mr.. Gushing unanimously, but he
never presided over the Court. The state
of his health was such that he felt that he
could not accept the position. After retain
ing his commission for few davs he re-
turned it. and hence his name is seldom
mentioned in connection with the Chief
Justiceship, although he was commissioned
and confirmed. In 1876 Oliver Ellsworth
received the appointment to the vacancy.
and filled the high function of Chief Justice
of the United States for about four wears
with credit to himself and honor TO the na
ton
The following is the list in their order. of
the Chief Justices of the United States =
|. John Jay. 2. John Rutledge (nomina-
ted and presided for one term, but not con-
frmedl. 3. William Gushing, Nominated
and confirmed, but never presided). 4.
Oliver Ellsworth. 5. John Marshall. 6.
Roger Brooke Taney. 7. Salmon Portland
Chase.
John Jay died in 1929, at the age of
eighty-four John Rutledge in lseO, at the