Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1873-07-19


preme Bench, created by the death of
Hon. Salmon =. Chase, renders a his
tory of our former Chief Justices of con-
siderable interest, and hence we append
a brief biography of each of the distin-
guished iurists who have filled the ex-
allied position, i'll the order i'll which they
succeeded to the Office. There have been,
in all, seven Chief Justices. The first
to hold the Office was John Jay, native
of New York, and a graduate Of Kings
(now Columbia) College.
After short but successful career at
the bar, he was elected member from
New York of the first Congress. Though
one of the youngest members, being
then only in his twcnty-ninth year, he
was placed upon the committee to draft
an address to the people of Great Britain,
and the address reported and adopted
was from his pen. The first constitu-
ton of the State of New York, adopted
in 1777, was mainly the work of Mr..
Jay, who was appointed the first Chief
Justice of the Supreme Court organized
under it, Livingston being at the same
time appointed Chancellor. Jay was Mt
this time but thirty-two years of age.
A year later he resigned, having been
elected member of Congress. Suisse
quently he was sent on an important
mission to Spain, and while abroad, in
conjunction with Franklin, Adams and
others, he negotiated the treaty whereby
Great Britain recognized the indcpen
dence of the United States. After the
adoption of the Federal Constitution,
and upon the very day OF the approval
of the Judiciary act of l7S9-24th Of
Scptembcr-Mr. Jay was nominated by
President Washington, and confirmed by
the Senate, to the Chief Justiceship. In
1874 he was sent to England as an envoy
extraordinary to negotiate an important
treaty. During the year of his absence
he was elected Governor of New York,
and upon his return, resigned tho office
of Chief Justice. He was twice reelected
Governor, and at the close of his third
term in 1901, at the age of fifty six, re-
solved to retire from public life. Shortly
after he was nominated by President Adj
ans, and confirmed by the Senate, to his
former position as Chief Justice, then
vacant by the resignation of Oliver Els
worth. But he declined the position
and retired to his farm at Bedford
Upon the resignation of Mr.. jay, in
1895, John Rutledge, of South Carolina,
was nominated by President Washing
ton as the second Chief Justice of the
United States. He had taken an active
part in our revolutionary struggle, occu-
pying the position of Commander-in-
Chief and President of the colony of
South Carolina. In 1889, Mr.. Rutledgc
was appointed an Associate Justice of the
United States Supreme Court, but re-
signed the next veal without ever having
taken his seat In 1871 he was elected
Chief Justice of the Supreme Court Of
his State. His appointment to the Chief
Justiceship of the United States was re-
ceived by the Federal party with aston
ishment and dismay. The treaty negoti-
ated with England by Mr.. Jay had ex-
cited storm of Indignation in various
parts of the country, and among
its strongest opponents was Mr.. Rut-
ledge Only two days before the APP
pointment reached him he had made II
violent speech at Charleston in which he
denounced, with passionate carnestness,
the treaty and the leaders of the then
dominent Federal party. Mr.. kutlcdge
accepted the appointment, and reached
Philadelphia in time to take his scat as
Chief Justice at the commencement of
the August term, 1895. On the meet
ing of Congress the December follow
ing, the Senate refused to confirm the
appointment. He became insane shortly
after and died in 1900.
Upon the refusal of the Senate to con-
firm Mr.. Rutledge, President Washing
ton nominated William Gushing, of
Massachusetts, and he was confirmed
Mr.. Gushing was appointed an Associate
Justice of the Supreme Court at the time
that Mr.. Jay was appointed Chief JUS
tice, and had acted us Chief Justice dur
ing the absence Of Mr.. Jay in England
He now, however, declined to accept
the Presidency of the court, prefcrring
to fill his position as Associate Justice,
which he did until his death.
Oliver Ellsworth, Of Connecticut, was
nominated us Chief Justice and was con-
iirmed upon the declination of Judge
Gushing, in 1886. He had already
served as IL member of the Supreme
Court of Errors of Connecticut, by rea-
son of his position as one of the upper
house Of the Legislature, and had held
the offices Of Judge of the Superior
Court, and of United States Senator.
In 1893 Mr.. Ellsworth was sent as Min
lister to France, though still retaining
his Chief Justiceship. His health hay
ing, however, failed, in 1901 he sent
over his resignation. He died in 1907 at
the age of sixty-two.
John Marshall, the fifth Chief Justice.
was Amounted i'm the wear 1901 Inv pr,si