Page:The Supreme Court in United States History vol 1.djvu/155

Rh Judges of the Court who had apparently assumed that the choice of a Chief Justice would be made from among their number.^ "It seems to have been intended merely to establish a precedent against the descent of that office by seniority and to keep five mouths always gaping for one sugar plumb," wrote Thomas Jefferson to James Monroe.* Shortly before Rutledge^s arrival in Philadelphia to attend the August Term of the Court, however, facts became known as to his political views which completely altered the situation and aroused the most bitter and determined opposition to his appoint- ment. The Jay Treaty had been ratified by the Senate on June 24, and owing to the violent revolt against its terms by the anti-British faction in this country, support of the treaty was regarded by Washington's adherents as the touchstone of true Federalism.' When, therefore, towards the end of July on the arrival of Charleston newspapers at the North, the Federalists were informed that the new Chief Justice, on July 16, before receipt of his appointment, had delivered an address violently attacking the Jay Treaty, they were surprised and indignant.^ Their resentment at Rut- ledge's action was further increased by the false reports as to his speech which were circulated in the Federalist

1 MftrahaJI, maa lAJe cf WasJUnffUm (1807), 11. 297, wrote of RuUedge as a


 * gentleman of great talents and decision.*'

s J^erion, WIU, letter of March 2, 1796.

' The Jay Treaty was signed, Nov. 19, 1794 ; received by the President, March 7, 1795 ; received by the Senate when it convened, June 8; ratified conditionally, June 24 ; published by the Aurora, July 1, from the copy of Senator Stevens Thom- son Mason ; signed by the President, Aug. 18. The Senate adjourned, June 26, 1795.

^Tbe MassaekuseUs Mercury, Aug. 4, 1795, stated: "The Charleston papers here received mention very positively Judge Rutledge's appointment to the office of Chief Justice of the United States. His conmiission, they say, reached him by Post on the 24th inst. (about a week after his warm speech on the demerits of the Treaty), but must have left Philadelphia about a fortnight before the City Meet- ing took place in Charleston. The Charleston papers also mention that to the southward to them the Democrats are burning Mr. Jay in effigy." Rutledge sailed from Charleston, July 81, for Baltimore and arrived in Philadelphia, Aug. 11 ; Ma$9aeku»ett» Spy, Aug. 19, 1795; ConnecHeut Cowraat^ Aug. 17, 1795.