Page:The Green Bag (1889–1914), Volume 13.pdf/207

 178

ened to blackness when the nature behind them was aroused; the forehead rather low, was terminated by a horizontal line of thick raven hair, his temples fully developed, his cheeks rather thin, the mouth wide, full and soft rather than hard, and the chin and jaw large and strong, showing a capacity for standing by his convictions. But it was not the separate features of the man that con veyed the impression of his character. They say there is a graciousness of kings, but there is another. He has it who has suffered much for his country and has looked into the deep things of liberty. His graciousness is not of princes, but of leaders of the people. It is not courtly manners nor the seductions of persuasive speech which dwell in royal blood, but the unconscious dignity of exalted char acter. Such was Marshall. In the august presence of Senators and Representatives, counsel and venerable Judges, hiá whole person was the embodiment of the Chief Justice. His commission was read, and the oath of office administered. The Court and Bar were seated. A few simple words were spoken, a few formal matters were transacted, and the Court adjourned for the term.1

Federal courts; and empowered the Su preme Court to reexamine and reverse or affirm, on writ of error, any final judgment or decree, rendered by the highest court of a State in which a decision in the case could be had, against a right claimed under the Constitution, laws or treaties of the United States. President Washington, on the very day of his approval of that act, nominated John Jay, of New York, as Chief Justice; and John Rutledge, of South Carolina, William Cushing, of Massachusetts, Robert H. Har rison, of Maryland, James Wilson, of Penn sylvania, and John Blair, of Virginia, as Associate Justices of the Supreme Court; and the nominations were all confirmed by the Senate on the 20th of September. The commissions of Chief Justice Jay and of Mr. Justice Rutledge were dated on that day, and those of the other Justices on successive days, in the order above named, thus deter mining their precedence. President Wash ington,1 in a letter to each of the Associate Justices, informing him of his appointment, remarked,- "Considering the judicial system as the chief pillar upon which our National Government must rest;" and in a letter to Y the Chief Justice, enclosing his commission, THE SUPREME COURT OF THE UNITED said that the judicial department "must be STATES BEFORE 1801. considered as the keystone of our political On the 24th of September, 1789, the first fabric." During the first twelve years of the Su Congress under the Constitution passed the Judiciary Act, which had been framed by preme Court, there were frequent changes in its membership: three by the appointees Oliver Ellsworth, then a Senator from Con necticut. That act has always been regarded preferring high offices in the governments as a contemporaneous construction of the of their several States; three others by re Constitution; and, with some modifica signation; one by rejection by the Senate; tions, remains to this day the foundation and two by death. Rutledge never sat in the Supreme Court of the jurisdiction and practice of the courts of the United States. It provided that the' as Associate Justice, and in 1791 resigned Supreme Court should consist of a Chief the office to accept that of Chief Justice of Tustice, and of five Associate Justices who South Carolina. Harrison declined his should have precedence according to the appointment, preferring to become Chan date of their commissions; established the cellor of Maryland. James Iredell. of North Circuit and District Courts; defined the Carolina, was appointed in 1790, in the jurisdiction, original and appellate, of all the stead of Harrison; and Thomas Johnson, of Maryland, in 1791, in the place of Rut 1 Honorable James M. Woolworth.