Page:The Supreme Court in United States History vol 1.djvu/166

140 Chief Justices from the eldest Judge though the other candidates may be much better qualified." Cushing, however, felt unable to accept, and "with an extraor- dinary degree of moderation" (as Iredell wrote) declined the position, February 2, without ever taking his place as head of the Court.^ Washington was now left in something of a quandary. He would have liked to appoint Judge Iredell, for whose ability he had a great admiration, but he could hardly pass over Judge Wilson, IredelFs senior on the Bench. Public rumor pointed to the promotion of Judge Paterson ; but the President solved the problem by deciding to go outside the Court and to make an appointment from among the members of the Bar, his choice falling upon the drafter of the Judiciary Act, Oliver Ellsworth, of Connecticut. Ellsworth, at the time of his appointment on March 3, 1796, was fifty-one years old ; he had been a Judge of the highest Court of his State from 1784 to 1787. As a stanch Federalist, his appointment, wrote Wolcott to Jonathan Trumbull, "will be very satis- factory to all who are willing to be pleased. If our country shall be saved from anarchy and confusion, it must be by men of his character." Jeremiah Smith of New Hampshire wrote : "He is a good man and a very able one, a man with whom I am very well acquainted and greatly esteem." William Plumer wrote to Smith : "I am pleased with the character you give him, and rejoice at his appointment. The oflSce is important. In that Court, questions of the greatest magnitude, not only as regard the National character, but the lives, liberty and property of individuals must ultimately be

» Plumer Papers MSS, letter of Plumer to Smith, Feb. 17, 1796; letter of Timothy Pickering, Feb. 2, 1796, Maes. Hist. Soc. Proc., XUV. Ireddl himself wrote, Feb. 27, 1796: "I am sorry that Mr. Gushing refused the office of Chief Justice, as I don't know whether a less exceptionable character can be obtained without passing over Mr. Wilson, which woidd perhaps be a measure that could not be easily reconciled to strict propriety." IreddL, II, 460» 462.