Page:The Supreme Court in United States History vol 1.djvu/202

174 Chief Justiceship is a sinecure needs no other evidence than that in one case the duties were discharged by one person who resided at the same time in England, and by another during a year's residence in France." ^ The appointment met with an equal lack of enthusiasm from Jefferson, who wrote to Madison, December 19, 1800: "Ellsworth remains in France for the benefit of his health. He has resigned his office of C. J. Putting these two things together, we cannot misconstrue his views. He must have had confidence in Mr. A (dams') continuance, to risk such a certainty as he held. Jay was yesterday nominated Chief Justice. We were afraid of something worse." Such few Federalist newspapers as noticed the appointment at all greeted it with applause. "We are happy to find that this office, lately so ably filled by Judge Ellsworth, is about to devolve again on a character whose talents and abilities amply qualify him to preside with dignity to himself and honour to this country in the first Court in the United States,** said one.^ But the President*s choice did not meet with universal approval from the leaders of his own party.' Timothy Pickering wrote to Oliver Wolcott, that as Jay "had already declined a less arduous position on account of his advanced age, this nomination is here considered one of those * sport- ive * humors for which our Chief is distinguished ** ; and he wrote to Rufus King that : "The President has nominated Mr. Jay to be Chief Justice in the room of Judge Ellsworth. The Senate of course ratified the nomination; but the President, as well as everybody else, must know that Mr. Jay will not accept the office. He formally announced to the Legislature of New York

1 AuTCfa, Jan. 8, 1801.

^ * Farmer*s Weekby Museum^ Jan. 19, 1801.

' » Pickering Papers MSS, lettera of Dec. 9. 1800. Jan. 5, 1801 ; King, HI ; HamiUtm (J. C Hamilton's ed.) VI» letter of Gunn to Hamilton, Dec. 18, 1800.