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cial position. During his first six months' service as chief justice Jay was also Secre tary of State in Washington's cabinet, and afterwards did not scruple to undertake a diplomatic mission to England which caused his absence from the bench for more than a year; and he finally resigned his judicial posi-

Chase, who had deserted the bench to can vass Maryland in behalf of the administra tion, the court was left without a quorum. When Ellsworth finally resigned on account of ill health, Jay declined reappointment, stating that he "left the bench perfectly con vinced that under a system so defective it

JOHN RUTLEDGE.

tion because he had been elected governor of New York. Ellsworth retained the chief justiceship while minister to France; and even Marshall, during- his first term as chief justice was also Secretary of State. In Au gust, 1800, in consequence of the absence of the chief justice, who was in France, and of

[the court] would not obtain the energy, weight and dignity which were essential to its affording due support to the national gov ernment; nor acquire the public confidence and respect which, as the last resort of the justice of the nation, it should possess." During the first eleven years the court de