Page:The Supreme Court in United States History vol 1.djvu/62

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THE SUPREME COURT

for the important station which you now fill, I not only acted in conformity to my best judgment, but I trust I did a grateful thing to the good citizens of these United States; and I have a full confidence that the love which you bear to our country, and a desire to promote the general happiness, will not suffer you to hesitate a moment to bring into action the talents, knowledge and integrity which are so necessary to be exercised at the head of that department which must be considered as the keystone of our political fabric."[1] While Jay was only in his forty-fourth year, and while his practice as a lawyer had been of short duration and his only previous judicial service had been two years (from 1775 to 1777) as Chief Justice of New York, nevertheless, the distinction, the sagacity and the powers of leadership which had characterized his military, political and diplomatic career since 1774, marked him as preëminently qualified for the responsibilities of the high post to which he was now called.[2]

In the selection of the remaining five Judges, Washington was confronted with an even more difficult problem, since the three States of Virginia, Pennsylvania and South Carolina presented an unusual number of

  1. Washington, X, letter of Oct. 5, 1780. To this. Jay replied: "When distinguished discernment and patriotism unite in selecting men for stations of trust and dignity, they derive honour not only from their offices, but from the hand which confers them. With a mind and a heart impressed with these reflections and their correspondent sensations, I assure you that the sentiments expressed in your letter of yesterday and implied by the commission it enclosed, will never cease to excite my best endeavours to fulfil the duties imposed by the latter, and as far as may be in my power, to realize the expectations which your nominations, especially to important places, must naturally create." Jay, III, letter of Oct. 6, 1789.
  2. "A sound judgment improved by extensive reading, and great knowledge of public affairs, unyielding firmness and inflexible integrity were qualities of which Mr. Jay had given frequent and signal proofs," was the characterisation which John Marshall later made of his friend and predecessor. Life of Washington (1807), by John Marshall, V, 215. Washington wrote to Lafayette, June 8, 1790, that his appointments of Jay at the head of the Judiciary and of Jefferson, Hamilton and Knox as Cabinet officials "generally have given perfect satisfaction to the public."