John Marshall.
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ledge. The other Associate Justices be erection of a capítol, prepared, I believe, fore 1801 were two appointed by President under the direction of George Washington Washington: William Paterson, of New himself, no provision was made for the ac Jersey, in 1793, in the place of Thomas commodation of the Court. The founders Tohnson, resigned; and Samuel Chase, of of the nation had inherited the traditions of Maryland, in 1796, upon the resignation the mother country, where, owing to the ab of Blair; and two appointed by President solute power of Parliament, the function of John Adams: Bushrod Washington, of the judiciary was limited to the settlement Virginia, in 1798, upon the death of Wil of private disputes, its only relation to the son; and Alfred Moore, of North Carolina, government being on the criminal side. The in 1799, upon the death of Ireclell. idea of enforcement of constitutional limita President Washington, in his eight tions by the judiciary upon the other depart years of office, appointed four Chief Jus ments of the government and upon the States tices of the United States; John Jay in themselves, axiomatic as such doctrines ap 1789; John Rutledge in 1795; William pear to us, was by no means understood, dishing and Oliver Ellsworth in 1796. much less conceded. Jay held the office for about five years Even the Justices themselves seemed to and nine months; and for the first six have failed to realize their importance. Ap months of that time, by the President's re pointments to the Bench were often declined, quest, also acted as Secretary of State. and resignations were frequent, some even Ellsworth held the office of Chief Justice to go upon the Bench of a State Court. Both a little more than four years and a half. of the Chief Justices who preceded Marshall But Jay, as well as Ellsworth, during (not counting John Rutledge, whose ap the whole of his last year, ceased to per pointment was not confirmed, and who pre form his judicial duties, by reason of being sided only over one term) resigned their employed on a diplomatic mission abroad. offices to become Ministers to foreign courts; Rutledge, after sitting as Chief Justice and John Jay, the first Chief Justice, when for a single term, was rejected by the asked to resume his position, declined, say Senate; and Gushing, though confirmed by ing, "I left the Bench perfectly convinced the Senate, declined the appointment, and that, under a system so defective, it could remained an Associate Justice until his not attain the energy, weight, and dignity death in 1810. Ellsworth resigned in 1800, which were essential to its affording due owing to ill health: and Jay resigned support to the national government." The whole business of the Court during in 1795 to accept the office of Governor of the State of New York, and in 1800, the first eleven years of its existence is re towards the close of his second term of corded in less than a single volume of the office as Governor, being in a depressed size of current reports. Most of the ques condition of health and spirits, and hav tions before it concerned procedure and ing finally determined to retire from public practice in the Federal Courts. The meagre life, declined a reappointment as Chief decisions touching the scope of its own pow Justice, offered him by President Adams ers and duties, were for the most part con fined to denial rather than assertion, like its on the resignation of Ellsworth.1 refusal to advise the President, and its de Up to Marshall's time the importance of cision in Hayburn's case that Congress could the Supreme Court in the scheme of the not impose upon it the duty of acting as Federal Government had scarcely been ap auditor to hear pension claims. It did assert preciated. In the original proposals for the the right to hear the case of a citizen against a State, and to enter judgment against the 'Mr. Justice Gray.
