CHAPTER THREE
CHIEF JUSTICES RUTLEDGE AND ELLSWORTH
1795-1800
Before the Court convened for its next Term in August, 1795, events had occurred which powerfully affected its future history. John Jay had concluded his noted treaty with England, and had returned to this country in order to become a candidate for Governor of New York. His return and his candidacy were the subjects of an interesting letter addressed to him by his associate. Judge Cushing: "What the treaty is has not come to us with authenticity; but whatever it be, in its beginning, middle or end, you must expect to be mauled by the sons of bluntness—one of the kinds of reward which good men have for their patriotism. Peace and American interests are not the objects with some."[1] On June 29, 1795, having been elected as Governor, Jay had resigned as Chief Justice of the United States.[2] Washington, who had been notified
- ↑ Jay, IV, letter of June 18, 1795.
- ↑ Washington, XI, letter of Jay, June 29» 1795. "The enclosed contains my resignation of the office of Chief Justice. I cannot quit it, without again expressing to you my acknowledgments for the honor you conferred upon me by that appointment and for the repeated marks of confidence and attention for which I am indebted to you. It gives me pleasure to recollect and reflect on these circumstances, to endulge the most sincere wishes for your health and happiness and to assure you of the perfect respect, esteem and attachment with which I am, dear sir, your obliged and affectionate friend and servant." Washington replied, July 2, that he received the resignation "with sincere regret. To
the obliging sentiments you have expressed for me in your private letter which accompanied, I sincerely thank you. In whatever line you may walk, my best wishes will always accompany you. They will particularly do so on the theatre you are about to enter, which I sincerely wish may be as smooth, easy and happy as it is honorable."
James Iredell wrote, July 2: "I am told that he did not send his resignation of Chief Justice till two or three days since the Senate broke up. . . . Whatever
