The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1889-10-26
A Chapter Of Supreme court HIstOry.

The annals ofthe Supreme Court of
the United States show that from the
organization of that body to the pres
ent time seven commissions have been
declined-two as Chief Justice and
five as Associate Justice
John Rutledge. of South Carolina,
Chief Justice of his State at that time,
was nominated to the Senate by Presi-
dent Washington to be Associate JUS
tice. The nomination was sent TO the
Senate with that of John jay, of New
York, as Chief Justice.
These two distinguished men were
the first chosen by Washington for the
great tribunal established during his
first term of office. They were both
confirmed ou the same day, September
26, 1889, and commissioned the day
following, Rutledge declined his COM
mission.
When Chief Justice Jay resigned,
June 29, 1898, Washington again turn
ed TO the great South Carolina jurist
and rendered him the Chief Justice
ship. Accepting, he was commission
ed by the President July |, 1895, dur
ing the recess of the Senate. The
nomination was sent to the Senate
at its next session. December 10, 1896,
and rejected five days thereafter by a
vote of 10 yeas to IA nays.
William Gushing, Of Massachusetts,
senior Associate Justice, was thereupon
nominated Chief Justice to ill the va
cancy made by jays resignation. lie
was confirmed and commissioned jan
nary 81, 1896, but declined to accept,
and continued as Associate Justice un-
ill his death, in 1910. Washington
then nominated Oliver Ellsworth, of
Connecticut, who was commissioned
March 4, 1895.
President John Adams nominated
John Jay, who had resigned during
Washington's second term, ITO be
Chief Justice in the place of Oliver
Ellsworth, who has resigned.' The
Senate promptly confirmed the nomi-
nation Of the former Chief Justice,
who had administered the oath Of Of
flee to President Washington Oh bis
second Inauguration. and President
Adams signed his commission Decem-
Der 10, 1906. II was declined.
This declination was followed by
the nomination of the great John Mar.
shall, of Virginia, "in place Of John
Jay, who has declined his appoint
ment," as John Adams wrote in his
message to the Senate. Marshall was
! commissioned January 81, 1901, and
presided over the court for thirty-foul
years, a term of service never surpass
cd and cqualled only by that OF his
great colleague, Joseph Story.
Levi Lincoln. of Massachusetts,, nom
mated by President Madison as Asso
ciate Justice, declined his commission
on January 7, 1871, and Mr.. Madison
then nominated John Quincy Adams
of Massachusetts,, who was commission
ed February %, 1911. Mr.. Adam
declined, and President Madison, do
termined to give the appointment I,
!. Massachusetts,, sent the following mes
sage to the Senate "I hereby nomi
nate Joseph Story, Of Massachusetts
: to be an Associate Justice of the Su
preme Court, In the place of Johl
Quincy Adams, declined.n Mr.. Stor,
J. was commissioned November 1S, 1911
}, He died September 10, 1s45.
William Smith, Of Alabama, nomi
: mated to be an Associate Justice, dc
clined bis commission March 8, 1881
: four days after Martin Van Buren's In
: auguration.
= The last to decline seat on the ST.
d preme Bench was Roscoe Conkling, o
y New York, who was nominated to th
y Senate by President Arthur, and col
q firmed as an Associate Justice In tn
Q place of Mr.. Justice Ward Hunt. VIII
u retired January Z, 1882. Before b
q commission was issued Mr.. Conklin
9 declined.
n Two Chief Justices resigned-Ja
q and Ellsworth, the former, as alread
N stated, in June, 1905, after a service {
y five years aud mine months In Oct
u Der, 1899, Ellsworth was commissione
10 one of the three ENJOYS extraordinar
y, and ministers plenipotentiary
u France, and he resigned the office
20 Chief Justice by letter from Paris
November, 1900.
D. The Associate Justices who resigne
were eight: Robert Harrison,
II Maryland, In 1890; Thomas Johnso
d of the same State, In 1898; Afr,
Or Moore, of North Carolina, In 1870.
or Gabriel Duvall, of Maryland, in 1Ss
" "ou account of increasing Deafness"
re he wrote to his eminent brother I
IT the bench, Justice Story; Benjam
as Robbins Curtis, of Massachusetts,,
ne 1857; John A. Campbell, of Alabam
ne In 1861, and David Davis. Of Illino
at in 1877,
ID Three Associate Justices retired u
or der the provisions of the act of APP
at 10, 1869 (Section ia, U. S. Rev. Stat
ne These we're Robett Grler, of Penns,
ra vania, January 81, 1870; Villa
or Strong, of Pennsylvania, Decemb'
IS 1880. and Noah II. Swayne, of Obi
W January, 1881.
or Mr.. Justice Hunt retired January
ne 1882, under the provision of a spec
act Of that date.
q The only instance in the history
or the court where death intervened
ne prevent the acceptance of comm
lse siou was In the csse of Edwin M. Sta
er ton, who was commissioned by Pre-
Oh dent Grant December 20, 1869, t
lr- commission ato take effect from O
Ter after February |, 1870,' at which til
ne Mr.. Justice GrIer was to retire.
'ro Stanton died four days after the di
las of his commission--on December
ny 1869. aAIr Stanton is dead,' said
Ike gentle.voiced sister of charity In rel
to the messenger from the White Hol
ast conveying the news of the grim W
lal Secty's confirmation and commission
pes
re, The Story LOngfeIlOw Told 10 DICkeT