The New York herald., 1922-06-18


series of controversies concerning
the Supreme Court, its authority
and the correctness of it's decisions,
the narration of which forms the
principal portion of Mr.. Warrens
elaborate work. Nothing in our his
tory-surpasses these controversies in
interest or Importance.
The Supreme Court as originally
constituted consisted Of the Chief
Justice (John Jay of New York;
and five Associate Judges John Rut-
ledge of South Carolina, William
Cushing of Massachusetts,, James
Wilson of Pennsylvania, John Blair
OF Virginia and James Iredell of
North Carolina). 1t first convened
on February /. 1890, in a building
known as the Royal Exchange at
the foot of Broad street in this city.
Contemporary descriptions Of the ap-
pearance of the court at it's early
session leave the reader in doubt
concerning the official attire of the
Judges. Mr.. Warren concludes that
they were clad in robes probably
of black and red," inasmuch as a
contemporary Senator described their
gowns as ''party-colored"; but what
ever may have been their original
costume, they assumed robes of SOL
emn black silk as early as 1902. and
such is the attire Of the Judges at
the present day. In Daniel Hunting
toms celebrated picture of the "Re-
ception of Lady Washington" now
belonging to the Hamilton Club of
Brooklyn, which contains portraits
of sixty-three of the most distin-
guished men and women of Wash
ington's day, Chief Justice Jay ap-
pears arrayed in a voluminous red
robe which makes him the most
prominent figure on the canvas; but
there is no reason to suppose that
he ever wore such robe on the
bench. The present writer is enabled
| to state on the authority of lineal
descendant of the great Chief Justice
that his ancestors official robe was
of black silk with buff facings
| around the neck and down the sides
which accords with the statement
of the late William Allen Butler that
say wore an ample robe of black
silk with salmon colored facings," 20
which he was entitled as an hon.
orary doctor of laws of Dublin Uni
versity. In Huntington's picture the
Supreme Court is further represented
by portraits of James Iredell. AsSo-
ciate Justice; of Oliver Ellsworth,
the third Chief Justice, and of Ed
mund Randolph. the first Attorney
General of the United States.
III.
John Jay possessed the essential
attributes of a great Chief Justice
VI d SItdl COuIk I1C was a oldlCS-
man as well as jurist. and more
than either he was pure and dis
interested patriot. While he pre-
sided over the Supreme Court it
was obliged to decide against public
opinion in the famous case of CHS
holm against Georgia e DaIlas's Re-
| ports. 419), which held that under
the Federal Constitution (before the
| adoption of the Eleventh Amend
ment) a citizen of one State might
| institute an original suit in the Su-
rreme Court against another State
for breach Of contract. The Eleventh
Amendment repealed this doctrine by
declaring, as it did. that the judicial
power Of the United States should
not be construed to extend to any
suit in law or equity. commenced or
prosecuted against one Of the United
| States by citizens of another State
or by citizens or subjects of any for
cign State. No competent critic
questioned the law laid down by the
Chief Justice in the Chisholm case;
but for a while the unpopularity of
the decision extended to the Judges
BY whom it was rendered. Jay out
lived the outcry against it just as
he overcame the prejudice against
the treaty with Great Britain, which
no S,,hseouentlv negotiated and he