Page:The Supreme Court in United States History vol 1.djvu/201

Rh his refusal largely on the failure of Congress to relieve the Judges from their onerous duty of sitting in the Circuit Courts. The original Judiciary Act, he wrote, was "in some respects, more accommodated to certain prejudices and sensibilities, than to the great and obvious principles of policy. Expectations were, nevertheless, entertained that it would be amended as the public mind became more composed and better informed; but those expectations have not been realized nor have we hitherto seen convincing indications of a disposition in Congress to realize them. On the contrary, the efforts repeatedly made to place the Judicial Department on a proper footing have proved fruitless. I left the Bench perfectly convinced that under a system so defective, it would not obtain the energy, weight and dignity which are essential to its affording due support to the National Government, nor acquire the public confidence and respect which, as the last resort of the justice of the nation, it should possess. Hence, I am induced to doubt both the propriety and the expediency of returning to the Bench, under the present system; especially as it would give some countenance to the neglect and indifference with which the opinions and remonstrances of the Judges on this important subject have been treated.... I find that, independent of other considerations, the state of my health removes every doubt, it being clearly and decidedly incompetent to the fatigues incident to the office."

The papers of the day paid little attention to the appointment of a new Chief Justice; but the Aurora, naturally adverse to Jay’s political views, made the sarcastic comment that: "John Jay after having thru' decay of age become incompetent to discharge the duties of Governor, has been appointed to the sinecure of Chief Justice of the United States. That the