The Washington critic., 1888-03-31
OUR CHIEF JUSTICES.
Men Who Have Held The Highest
judicial Positions.
A BRILLIANT RECORD.
John Jay, Johp Rndcdge, oliver.
Ellsworth, John Marshall
and Others.,.9

-.
Ofall the Chief Justices, Morrison II.
Waite was 10 the time of his appointment
the least widely known. Most of his
predecessors were when elevnted TO the
highest Judicial station in the country,
already men of established national
reputationsi All ofthem, unless William
Cushing who was appointed Chief jus
tice, but declined 20 accept the appoint
ment, may be numbered among those
who lnd prior TO their nominations,
history of their times.
The First Chief Justice.
John Jay, whom Washington called
uTou to preside over the Supreme Court
of the new nation, was in the very prime
of a life destined TO he long preserved.
Though not yet a, he had already, and
when but - years Of age, been Chief Jus
tice of New York, his native State. Still
earlier he had been, thouglfthe youngest.
one Of the most conspicuous and one Of
the most useful members of the Cont
mental Congress; he had drafted the first
Constitution OF New York he had been
Minister TO Spain; hc had been one of the
American diplomHtsts who negotiated
the treaty which finally recognized the in
dependence Of the United States; he had
for n humber of years been tic foreign
secretary to Congress. Although he was
not q member Of the convention which
framed the Constitution Of the United
Stalts, as one Ot the uo-auJhors OF the
FoCFdlbt lie did much 10 popularizc it
and TO secure its ratification.
While Chief Juetice he negotiated with
England That treaty which bore his name,
and which was so bitterly denounced by
all The Republicans ana by not few Of
The Fedcraists. IL was while stll pre-
siding over the Supreme Court that hc
was for the first tmo n candidate for
Governor Of New York. He received the
most votes, hut the Democratic party had
already begun the practice Of that art TO
which 80 many Of their most unfortunate
victories have since been due. They
claimed that the officials who brought mp
the election returns OF three FederaliSt
counties had not been properly appointed,
and on this preteXt and on tliis pretcXt
alone, the Democratic majority OF the re-
tuning board threw ont the votes which
elected Jay, and counted Clinton in.
Tricks like these could not permanently
exclude from the place to which II
majority of his icllOw-Citi2ens wished
TO call him ~ that man of whom
Daniel Webster truthfully said, that
" when the spotlcss ermine of the
judicial robe fell on John Jay it
touched nothing less spotless than itself
On his return from England he resigned
the chief iusticeSlip to accept the Gov
eTnOrship of New York to which he had
again been elected, and this time by q
majority too large to be gottcnrid of. He
was again reelected, and on the cxpira-
tiOn of his second term, although but &C.
he permanently retired from politics, and
spent the remaining twenty eight years Of
Ills life in retirement, from which he
never emerged, except when called upon
10 preside at the meetings of the Ameri-
can Bible Society, Of which he was presi.
dent.
The Second ChieE Justice.
The last days Of the second Chief Jus
tlce, John RutledEe were far less happy
THIS talented ilishman, the only one of
our Chief Justices who received his legal
education in the Inns of Court, is best
and most widely known as the indomita-
be War Governor of South Carolina
He had been delegate TO the Continental
Congress and chancellor of ms State. He
was, ON the organization of the Supreme
Court, appointed an associate justice
Which position he held when, on Jaws
retirement, in 1903, lie was nominated by
Washington 10 the succession. UniOrtu.
nately for him, he had had the bad
taste after accepting the tender
of the appointment, although be-
fore the official announcement of it
reached him, to take ~ prominent part
in public meeting al Charleston called
10 denounce the treaty which his prede-
Cessor had Just concluded with Great
Britain. The evidence of his language on
this occasion gave merited otlcnSe TO the
Fedcralists; and this cause, combined
with the indications Of the approaching
failure cf mis- mental powers, induced the
Senate when the nomination was, at its
December session, laid before IL, To refuse
its consent. His mind shortly afterwards
gave way ,,and he did not recover his rea-
son prior TO his death, which did not take
place until tie year 1902 After his re-
iOctiOn, the President, as already men.
toned, nominated Cushing, native oi
Massachusetts,, of whose courts NOT only
he, but his father and his grandfather
before him had been judges II was he
who announced the decision that slavery
could not exist in Massachusetts,. He
was at The ime-Of hs nomination an Us.
>Ociate justice of the Supreme Court, in
which position he continued until his
death, IN 1910.
Chief Justice Ellsworth.
AfteI'tho declination of Gushing, Wash
liENNil dIHbluttl N'lIN lstlsNpItllt W Ut
had long been the leader of the Connect.
cnt bar, of which State lie was Il native
He had filed many legislative. judicial
positions in that common wealth. Ht
had heeD frequently u delegate to Con
Tess; had been an Influential member o
the convention which framed the Consti
tuition of the United States, and at the
time of his appointment to the Supreme
Court was a Federalist Senator from Con-
neGliCut OF 80 years of age. Like Jay,
he was entrusted, while Chef Justice,
with important diplomatic functions, and
was one OF. the enyoys who drafted the
treaty which averted the war into which
at one time France and this country were
drifting. While in France, ill-healih in.
duCed Ellsworth TO forward his resigna,
ton ms Chief Justice, He lived for some
years aiterward, during which time he
took some partin the affairs of his own
State, but did not again enter upon the
field OF national politics. except 10 serve
as a Presidential electOr in 1905.
The Greatest On the Bench.
II was fortunate thing for the country
that Ellsworth resigned when he did.
Had his resignation been longer delayed
Marshall would never have been CHIEF
Justice, ana if he had not presided oyel
that court our whole system of cOnstitu'
tiOnal law would today, IN all probabil
ity, be very different from what it is.
President Adams offered the vacant posi-
TO Jay, who declined il, and then ten
dercd il to Marshall, then Secretary oi
State, and i'm the 10th year of his -
This greatest Of the Chief Just "a, al
The age of 20, entered the. ...utiOnary
army He had subsequently been adj
mitted 10 the bar, and had speedily
Ia L..
which ratified the Constitution, aud was
subsequently a Member of Congress, en-
yoy 10 France and Secretary of State. A
pronounced federahst, he owed TO th,
Massachusetts Adams an appointment