The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-10-10
sreetal core,ponaence d nl1 Inllltanre.r.

uhgI hllbS SUNNI DiAOto III Wv SuPtSHAS
court, 1 looked into the history OF that
tribunal.
February l, 1890, was the first day of
the first term OF the court. The judges
met in u room in what was then known
as the Royal Exchange, at the foot OF
Broad street, in the city of New York.
1t appears from the following entry on
the minutes of the court that quorum
was not present. The entry is in the
handwriting OF Clerk Tucker
"At the supreme judicial court of the
United States, begun and held at New
York (being the seat OF the national
goyernment) on tine first Monday oil
February, and on the first day Of said
month, Ammo Domini l790-Present:
The Hon'ble John Jay, esqr,, chief JUS
tice; tho aon'ble William Gushing and
the Hon'ble james Wilson, esqrs., ASSOC
ciate justices. This being the day
assigned by law, for commencing the
frat sessions OF the supreme court OF
the United States, and u sufficient num-
Der OF the justices not being convened,
the court il adjourned by tho justices,
now present, until tomorrow, at ore OF
the clock in the afternoon"
1t has been stated, and generally &C.
copied that William X. Hornblower, OF
New York, recently nominated as asso-
ciate Justice to fill the vacancy caused
by Justice Blatchford's death, is the
Youngest man ever selected for q place
on the supreme bench, with tho excep-
ton of the great Justice Story, who was
under forty. James Iredell, of North
Carolina, appointed by Washington
February 10, 1890, was thirty.eight.
Bushrod Washington, appointed by
John Adams September 30, 1898, was
thirty-six. William johnson, appointed
by Thomas Jefferson March %, 1904,
was only thirty-two years OF age.
Thomas Todd, commissioned by the
same President March 3, 1907, was
forty-two. Benjamin r. Curtis, OF Mas
sachusetts, nominated by Willard Fill
mora September %, 1851, was in his
forty-ffrst year. John A. Campbell OF
Alabama, who was commissioned by
franklin Pierce March 90, 1853, was
forty-one.
The annals Of tho court show that,
from tho organization OF that body to
tho present time, seven commissions
have been decined-two as chief JUS
tice and five aSassociate Justice.
John Rutledge, of South Carolina,
chief Justice OF his state at the time, WAS
nominated by President Washington to
DO associate justice. 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 confirm
ed on the same day, September 2G, 1889,
and commissioned tho day following.
Rutledge wrote Washington, and with
heart overlooking with gratitude"
thanked tho President, and declined his
commission.
When Chief Justice Jay resigned, in
1915, Washington again turned to the
South Carolina jurist, and rendered him
the chief justceship. Accepting, he
was commissioned by the President,
July /, 1875, during tho recess Of the
senate. The nomination was sent to
the senate at its next session, December
10, 1895, and five days thereafter was re.
iectcd by vote OF 10 yeas to II nays.
The rejection was tho result OF we'll
grounded belief that Judge Rutledge
had shown signs of mental weakness.
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.
uary 81, 1896, but declined TO accept,
and continued upon the bench us asso-
ciate Justice until his death in 1910.
Washington thennominated Oliver Ellis
worth, OF Connecticut, who took the
oath OF Office March 4, 1896.
After service OF less than five years
Ellsworth resigned, and President John
Adams nominated t6 the senate John
Jay. who had resigned during Wash.
inaton's second term, ito be chief JUS
tice in place OF Oliver Ellsworth, who
has resigned" Tho senate very
promptly confirmed the nomination OF
the former chief justice who had adj
ministered tho oath OF office to Presi-
dent Washington on his second inaugu-
ration, and President Adams signed his
commission December 10, 1880. 1t was
declined.
This declination was followed by the
nomination OF the great John Marshall
of Virginia, Gin place OF John Jay, who
has declined his appointment" us John
Adams wrote in his autograph message
to the senate. Marshall was commits.
stoned January 81, 1901, and presided
over the court for thirty.four years, n
term of service never surpassed and
equalled only by that OF his illustrious
| colleague, Joseph Story.
Levi Lincoln, OF Massachusetts,, nom
mated by President Madison as ascot
ate justice, declined his commission
January 7, 1911, aud Mr.. Madison then
nominated John Quincy Adams, OF
Massachusetts, who was commissioned
February 10, 1911. Mr.. Adams declined,
and President Madison, determined to
give the appointment to Massachusetts,
sent the following message TO the SEN
ate: II hereby nominate Joseph Story,
Of Massachusetts, to BIO an associate jus
tice of the United States supreme court
in the place OF John Quincy Adams,
declined" Mr.. Story was commissioned
November IS, 1911. lie died Septem'
Der 10. 1910
William Smith, of Alabama, nomi.
mated to be an associate Justice, declined
his commission March s. 1887, four days
after Martin Van Buren's inauguration.
The last to decline seat on the
supreme bench was Roscoe Conkling,
OF New York, who was nominated 10
the Senate By President Arthur, and
confirmed as an associate justice in the
place OF Justice Ward Hunt, who retired
January Z, 1882. Before his commission
was Issued, Mr.. Conkling declined.
Tvo rhief instices resigned--Jay and