Evening star., 1913-12-07

aliens, in which latter case it shall have
original, but not exclusive. jurisdict1on.
1t was expressly provided that the gS1ei
| of issues in fact in the Supreme Court IN
| all actions at law against citizens or the
United States. should be by jury.
| The remaining provisions or the Dill
related to the division of the United
States into thirteen districts and three
circuits. the establishment OF district
court in each district. and provisions for
the holding of special district courts.
Such were the leading features of the
first judiciary act OF the United States.
and it only remained for the President
to appoint, and the Senate to confirm.
been created in order to organize the
judicial department of the government.
Commissioned by Washington.
The ink was still wet upon the sigma
ture of President Washington to the ju-
dietary act when he sent to the Senate
the following names: For Chief Justice.
John Jay: for associate justices, John
Rutledge. James Wilson. William Cush-
ing. Robert III. Harrison and John Blair.
On the 18th of September the appoint
ments We're confirmed.
The motives which governed President
Washington in making these selections
are visible in his correspondence to his
nephew, Bushrod Washington. He wrote:
MY political conduct in nominations.
even if / were uninfiuenced by principle,
must be exceedingly circumspect and
proof against just criticism. for the eyes of
Argus are upon me. and no slip VIII
pass unnoticed that can be improved into
supposed partiality for friends or
relatives
To the judges themselves he addressed
letters stating that he considered the
judicial system as the chief pillar upon
which our national government must
rest that he had thought 1t his duty to
nominate for the high offices in that de-
partment such men as he conceived
would give dignity and luSter to our ma
tional character, and he fattered himself
that the love which they had for their
country. and desire to promote the
general happiness, would lead them TO
a ready acceptance of the commissions
To Chief Justice Jay he wrote in the
warmest terms. conveying the singular
pleasure with which he addressed him as
Chief Justice, and confessing that in
nominating him he had not only acted
in conformity to his best judgment. but
did a grateful thing to the good citizens
of the United States.
Judge John Jay, the first Chief Justice
of the Supreme Court of the United
States. was born in New York on the 18th
of December 1145. being the eighth of a
family of ten children. His mother was
of Dutch extraction. After a preliminary
course at a grammar school and instruc
tions from a private tutor he entered
Columbia then Kings College. and after
graduation pursued the study of the law
in the office of Benjamin kissam Ripe
in experience. and thoroughly tried in
many responsible and conspicuous posi-
tons, in all of which he had conducted
himself with lofty disinterestedness and
unyielding integrity. his calmness OF tenn
permanent, accuracy OF judgment, un-
blemished character and sound views
upon public questions commended him to
the sagacious choice of Washington as
the pubHcist and jurist best fitted to ele-
vate and adorn the judiciary of the ma
ton and to preside over the deliberations
of its supreme tribunal.
Men of National Reputation.
The associate justices were also men of
national reputation. John Rutledge was
the son of DR.. John Rutledge. who. with
his brother Andrew. both natives of Ire
land. settled in Charleston, S. c., where,
in the year 1879, the future associate and
Chief Justice of the United States was
born. After an excellent classical edu-
cation Rutledge entered as a law stu
dent In the Temple, in London. and pro-
ceeding barrister. came out to Charleston
and began the active work Of the profess |
sion in 1861 In his first case-an action
for breach of promise of marriage-his
eloquence astonished all who heard him.
His business became large. and he at
once took rank among the able members
of the bar. He was sent to Congress in
1860 in 11T4 he became member of the
first Continental Congress, and in 1as2
he was again elected to serve in that
body He was elected a judge of the
court of chancery in his own state, and
his duties, from this time FORTH were al
most exclusively judicial These services
his brief of title to the con- |
fdence which led Washington TO place
his name next to Jays in the list of ap-
pointments to the federal judiciary.
William Gushing, who was the first rep
of New England upon the
bench of the Supreme Court, was born at
in Massachusetts, March !. 1872.
His father was q member of the supreme
court of the state, and was one of the
judges who presided at the trial of the
British soldiers for the massacre of citizens
in the streets of Boston on March ), 1110.
He was a graduate of Harvard. which
conferred on him the degree
of LID. At an early age he was ap-
pointed judge of probate, and later sue
ceeded his father as a judge of the SUI
preme judicial court. He became the
chief justice of Massachusetts under the
of 1TS0, an office which he
held at the time of his promotion to the
Supreme Court of the United States.
Robert Hanson Harrison was special
favorite of Washington's. owing to the
close and confidential relation he sus-
tanned to his chief during the war of the
county. Maryland. in 1745. and was the
son of Richard and Dorothy Harrison
He was bred to the law. but at the age
of thrty-one perferred to leave his client
age for the service of his country. On
the 10th of May, 1i16, he succeeded Joseph