Page:The Supreme Court in United States History vol 1.djvu/161

Rh enter upon his Circuit Court duty ; but he was destined never to return to the Supreme Court, for the Feder- alists were fixed in their determination to punish him. Nevertheless, in spite of the protests from his party associates, President Washington, knowing the true character of the man and magnanimous enough to over- look this opposition to his policy by his appointee, let it be known that Rutledge's name would be sent to the Senate when it met ; and strong eflForts were made by Rutledge's Federalist friends in the South to secure his confirmation. "By the accounts from the North- ward, I find that the enemies of the Government are making every possible exertion to do mischief," wrote Ralph Izard. "They are in hopes that the Senate will not confirm the nomination of Mr. Rutledge as Chief Justice, and if so, will immediately raise a clamor and endeavor to ascribe the rejection to party. I most sincerely hope that the Senate will agree to the nomina- tion, and that the Anarchists may be disappointed. . . . I am of opinion that no man in the United States would execute the oflSce of Chief Justice with more ability and integrity than he would. I hope, therefore, you will make every possible exertion on the subject with your friends in the Senate."^ The Federalists of the North, however, remained unmoved either by Washington's wishes or by the argmnents of Rutledge's friends. "The virtuous motives which have induced the treating with regard, men who avow and act upon principles inconsistent with the preservation of order, to influence

> CharisiUm Year Book (1886), Appendix, letter of Ralph Izard to Senator Jacob Bead of South Carolina, Nov. 17, 1795. Izard r e f erre d also to Rutledge*8 mental condition as follows : ''No man could be more a£9icted than I was at the part Mr. Rutledge took in opposition to the treaty. I am sure he is now very sorry for it himself. After the death of his wife, his mind was frequently so much deranged as to be in a great measure deprived of his senses ; and I am persuaded he was in that situation when the treaty was under consideration. I have frequently been in company with him since his return and find him totally altered."