Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-03-30
THE CHIEF JUSTICEsHIP.
Those who Have Filled the Office Since
the Foundation of the Government.

WASHINGTON, March 23.-Judge Waite
was the frst chief justice to die during a
session of Congress. There is consequent
ly no precedent by which to judge what
further proceedings the two houses
are likely to take to manifest their respect
to the memory of the dead. The first chief
justice, John Jay of New York, was ap-
pointed in September, 1882 and resigned
to become minister to England in 1895.
John Rutledge of South Carolina, was
appointed in July, 1875, during recess of
the Senate, was nominated to he Senate
at he December session, and rejected,
having become, after his appointment, the
victim of an incurabe mental affection.
William Gushing of Massachusetts, was
nominated in January, 1866, and confirm
ed but declined the Office. He was. an
associate justice at the time. His is the
only instance in which an associate JUS
tice has been appointed chief justice.
OLIVER Ellsworth of Connecticut,
was appointed March 4, 1886, and resigned
in 1899 to become minister to France.
John jay was then governor of New DIRK.
He was reapDointed chief justice and con-
firmed in December, $500. There was
some question in the Senate and public
mind regarding the propriety OF appoint
ing members OF the supreme Court to 9th
er offices, it being argued that the prac-
tice might have tendency to interfere
with the responsibility of the Judiciary by
opening up paths TO political preferment,
but no imputation seems attached per
sonaIly to either Cushing Or JAY. Jay de-
clined the office after being confirmed.
| John Marshal was appointed in 1901 and
| died III 1873 during recess of Congress,
| being the first chief justice to die in
| Office
Chief Justice fancy was appointed in
1886 and died in October 1864. Judge
| Chase was appointed, and died IN May
lS13 his successor being Chief Justice
| Waite
The circumstances of Judge Waite's ap
pointment and confirmation are still fresh
| in the memory of obServant men of this
| generation, and formed a striking episode
of the time. President Grant nominated
success Sively Attorney General Williams
and Caleb, Gushing both of whom, after
the tendency OF their nominations fol
some time in the Senate, were withdrawn
Mr. Waite, then not very well known
was nominated. He had been an indie
pendent republican candidate for Con
gress.against one of Mr.. Summers warn
personal friends and had incurred the
enmity of Mr.. Sumner, who at that time
entertained no very friendly relations
toward the Grant administration. The
proceedings of the Senate are still covered
by the veil of executive session
secrecy. Yet it is well,known Summers
speech in opposition to Waite was one O.
the efforts of his life. He dwet historic
ally upon the eminent services and attain
ments of each in the long line of incum
bents of the office of chief justice, anC
spoke in bitter terms of disparagement o
Waite's qualifications. Sixty three sena
tors were present and listened two hour
with absorbed attention to the senate
from Massachusetts. No voice was RAISED
in defence of the nominee yet when tn
question of confirmation came to vote
Immediately on the conclusion of Mr.
Summers speech. 62 senators voted in tn
affirmative, and Sumner did not vote a
all. How far astray Justice Waite's oppo
nents were in the estimate of his charac
ter and attachments is strik!ngly displaye
in the sentiments expressed by the publi
men who have known him.