New-York tribune., 1878-11-22
WHAT MAKES A CHIFRJUSTgCK,

Major Poore's " Political Register" promises to
be such q useful handbook for the political student
that il is pity to be Obliged TO point out flaw in
its constructions but il is impossible TO refrain from
expressing astonishment at finding under
Major Poores list of Chicf-Justces of the Supreme
Court after the name of Salmon T.. Chase, these
entries:
George II. williams, of Oregon. appointed by Grant in
1873; rejected.
Caleb Gushing. OF Massachusetts, appointed by Grant
in 1873 rejected.
Begging Major PoOre's pardon. Mr.. Williams and
Mr.. Gushing were never Chief-Justices; they were
never appointed because the language of the
Constitution makes the consent of the Senate
sary TO tho completion of the act of appointment,
and that consent was not given lastly they were
not rejected" for the name of each withdrawn
at his own request when the sentiment of the coun-
try aud the Senate was found to be overwhelmingly
against confirmation.
The only apparent precedent for such classified
ton is in the fact that John Rutledge, whose name
is always gwen as that OF the second ChiefJustice
was not confirmed by the Senate; but this is not,
in reality. q precedent at all. Rutl"dge,
though rejected by the Senate, actually pre-
sided at one term OF the Supreme Court,
and was therefore as much of n Chief
Justice as if ho had presided at q dozen terms.
lie was nominated by President Washington during
the recess of Congress, in July, 170J presided mt
tho August term of the Court. and delivered
opinons in two important cases was not rejected
until December. Mr. Williams and Mr.. Cushing
were nominated during the session of Congress,
and never, of course, exercised any of the func-
ions of the office or acquired any right to its
title. But Major PoOre is not consistent In his
classification. He does give, and gives rightly, the
name of William Cushing "a the third Chief
Justice who. though nominated and confirmed, re-
fused to yacatc the chair of Associate Justice for
that Of tho presiding Judge; but Major POOre
does not give, as he should do. it would seem
the name of John Jay second time, who was
nominated and confirmed in 1900 to his former
place, after Chioi-Justce Ellsworth resigned, but
declined to take it. Nor do we find in the list of
Associate-JustIces the name of Roger B. Tancy
who after his rejection Secretary of the Treas
ury in June, 1884 by the Senate under Mr. Web
sters lead was nominated by President Jack
son TO I'LL the vacancy on the Supreme
Bench caused by the death of the venerable Gabriel
Duval. He was rejected to be raised not long after
TO the highest place on tho bench for which the
Senate then declared him unworthy If Mr.. VIII
lams and Mr.. Gushing were Chiof-Justicos Mr..
Tauey was once an AssOcate-Justlce
This may seem to he small matter hut Major
Poores book will be an authority. no doubt, Tor
many years and where il is not right it should be
made so. The country escaped the appointment of
these men, and should be allowed to escape records
of their nomination which give thema wholly fcti
tious distinction. President Grant never made two
mistakes more gIevOus than these. and should all
be glad 10 forget soon as possible that he made
successive attempts 10 place in the seat held by Jay
and Marshall and Chase. ihan of the calibre Of