The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-14
Our Chief Justices.


our government is not one hundred
years old, there should exist differ
enee of opinion in regard to the number
OF Chief Justices who have presided
over the Supreme Court of the United
States; yet such is the fact. We some
times hear persons, who are looked upon
as good authority in such matters, call
ing the late Salmon P. Chase the
the seventh OF our Chief Justices; 9TH
ers, again, cay he was the sixth; an6
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 1889,
President Washington rendered John
jaw a choice of the offices in his gift.
That able statesman, diplomatist and
jurist signifed his preference for the
Chief Justiceship ofthe Supreme Court
Washington made the nomination in
accordance with the wish, and he was
confirmed by the Senate at the first
Chief Justice of the United States, Sep.
TENDER 26, 1889. In 1874 war seemed
imminent between the United States
and Great Britain, and Jay was sent
to England to negotiate a treaty with
reference 10 undetermined boundaries
and other matters, in the hope OF avert
ing the menacing calamity. During
the absence of Jay in England, he was
chosen Governor of the State Of New
York by decided majority. Although
his friends had put him in nomination
for the Governorship without his
knowledge and consent, he neverthe-
less submitted to the will of the people
and accepted the position, and rendered
his resignation OF the office OF Chief
Justice. In December, 1900, immedi-
ately after the close OF his second CUB
erratorial term, Jay was nominated by
President Adams to the Chief Justice
ship of the Supreme Court, which had
been made vacant by the resignation,
on account OF failing health OF Oliver
Ellsworth. He was confirmed by the
Senate, but declined the honor and re-
tired to private life when he was only
forty.six years OF age.
The resignation OF Chief Justice Jay
was received on the 30th Of June, 1875,
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 indignant dis
approval OF the jay treaty." as they
sneeriugly styled it. In no place did
the fire OF indignation burn more fierce
ly or the popular outcry wax 30 loud as
in Charleston. Rutledge, ignorant OF
the fact that the Chief Justiceship had
been rendered him, indicated his oppo-
sition to the treaty and helped to swell
the popular clamor. The Supreme
Court OF the United States met in Phil
adelphia on the 3lst Of August 1895,
and Rutledge presided as Chief Justice.
His "imprudent sally" as Alexander
Hamilton styled his avowed opposition
to the negotiations of Jay, not only
created pain, surprise and Indignation
among the Federalists, but led to his
rejection by the Senate when it met in
December of that year. AS Rutledge
was never confirmed by the Senate,
although he presided at one term OF
the Supreme Court, his name is some-
times omitted from the list Of Chief
Justices.
Shortly after the refusal OF the Sem
ate to confirm Rutledge, President
Washington nominated William Cush'
ing, Chief Justice of the Superior Court
OF Massachusetts, to the position OF
Chief Justice OF the United States.
The Senate confirmed the nomination
of DR.. Cushing unanimously, but he
never presided over the Court. The
state OF his health was such that he
felt that he could not accept the posi-
ton. After retaining his commission
for q few days, he returned it, and
hence his name is seldom mentioned in
connection with the Chief Justiceship,
although he was commissioned and
confirmed. In 1895 Oliver Ellsworth
received the appointment to the va
cancy, and filled the high function Of
Chief Justice of the United States for
about four years, with credit to him.
self and honor to the nation.
The following then is list, in their
order, OF the Chief Justices of the
United States: l. John Jay. 2. John
Rutledge dominated, and presided fol
one term, but not confrmed.) 2. VIM.
Cushing dominated and confirmed
but never presided.) 4. Oliver Ellis
worth. 5. John Marshall. 6. Roger
Brooke fancy. 7. Salmon Portland
Chase. John Jay died in 1929, at the
age OF 81; John Rutledge in 1900, al
the age Of 81; William Cushing in 1910
at the age of II; Oliver Ellsworth in
1907, at the age Of Sc; John Marshall
in 1886, at the age Of 81; Roger B.
fancy in 1864, at the age of 81, and
Salmon P. Chase in 1873, at the age
of65.
Henry A Wise ia not dead vet, but