Page:The Supreme Court in United States History vol 1.djvu/153

Rh Before Washington took any further action, however, he received an extraordinarily interesting letter from John Rutledge of South Carolina, one of his first ap- pointees on the Court, who had early resigned to accept an appointment as Chief Justice of his State. ^

Finding that Mr, Jay is elected Governor of New York and presuming that he will accept the office, I take the liberty of intimating to you privately that, if he shall, I have no objection to take the place which he holds, if you think me as fit as any other person and have not made choice of one to succeed him, in either of which cases I could not expect nor would I wish for it. Several of my friends were displeased at my accepting the office of Associate Judge (altho the senior) of the Supreme Court of the United States, conceiving (as I thought, very justly) that my pretensions to the office of Chief Justice were at least equal to Mr. Jay's in point of law-knowledge, with the addi- tional weight of much longer experience and much greater practice. I was not, however, so partial to myself as not to think that you had very sufficient reason for preferring him to any other, tho I certainly would not have taken the commis- sion, but for your very friendly and polite letter which ac- companied it. When I resigned it, I fully explained to you the causes which induced me to accept the office which I now hold. This, I discharge with ease to myself and satisfaction to my fellow citizens. But when the office of Chief Justice of the United States becomes vacant, I feel that the duty which I owe to my children should impel me to accept it, if offered, tho more arduous and troublesome than my present sta- tion, because more respectable and honorable. I have held many posts of high rank and great importance and have been under the necessity of refusing others ; but they were offered spontaneously and handsomely. I have reason to believe that I discharged all that I held with fidelity and honour. I never sollicited a place, nor do I mean this let- ter as an application. It is intended merely to apprise you of what I would do if selected, and this I do, on an idea ington for an appointment under the Federal Government. See letter of Chaser July 19, 1794, in Library of Congress.

1 WaskingUm Papers M8S, letter of June 12. 1795.