Oliver Ellsworth. the cases in which he delivered opinions. With Mr. Justice Wilson, Mr. Justice Iredell, Mr. Justice Washington and Mr. Justice Chase for associates, it would not have been possible for him to have gone far wrong in his final conclusions. His courtesy secured for him the esteem of the bar. On June 2i, 1798, President Adams an nounced to the Congress that he would "nev er send another minister to France without assurances that he would be received, re spected, and honored as the representative of a great, free, powerful and independent na tion. This avowal was made in the heat of • the indignation over the X Y Z letters, and the treatment received from France by our envoys Marshall, Pinckney and Gerry. Pre paration for hostilities was begun and con tinued. Washington was placed in com mand of the army. Party politics ran high. Hamilton was bent upon ousting Adams from the leadership of the Federal ists. In this posture of affairs the President received from the French Government as surances that envoys from the United States would be well received in France. On Feb ruary 18, 1799, he nominated Murray en voy extraordinary. There was grave doubt whether the Senate would confirm that nomi nation. The President therefore withdrew it, and on February 25 nominated a com mission of three., These were Mr. Chief Jus tice Ellsworth, Patrick Henry and William Vans Murray. Patrick Henry declined, and Governor Davie of North Carolina was sub stituted in his place. These nominations were confirmed on February 27, but the envoys did not start for France until Novem ber 3. The Chief Justice was in no way fitted for successful diplomacy. His mind worked too slowly. His information was too meagre. There was nothing în his training or temperament to make him a dip lomat. Moreover his health was broken by the painful disease of stones in the kidneys. When he reached Paris on the second of the ensuing March, Napoleon was First Consul, and received the envovs with all honor. It
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soon became evident however that the treaty which they had hoped to negotiate was im possible. They therefore arranged a com mercial convention which was concluded on September 20, 1800. The provisions of this, although in many particulars advantageous. so amazed the Chief Justice's friends that even Oliver Wolcott wrote to Pickering: "You will read the treaty which was signed with France with astonishment. I can ac count for it only on the supposition that the vigor of Mr. Ellsworth's mind has been en feebled by sickness." The Chief Justice heard of these imputations on his sanity and in a letter to Rufus King showed his phil osophy and good nature. Referring to George Ill's mental aberration he said: "I am very sorry to hear that his majesty has been deranged and still more so to learn that I am supposed to be in the same predica ment. I devoutly hope that a similar im putation will not extend to our government; but that it will continue to have respect, though mine is lost in its service." Before leaving France he resigned the Chief Justiceship, on October 16, 1800. His constitution was shattered and he was much enfeebled. He went to England to try the waters of Bath. While there he met many judges and lawyers by whom he was well received. In the spring of 1801 he re turned to Windsor. His fellow citizens forthwith elected him to the position on the Governor's Council, which he had resigned seventeen years before. For five years he performed the duties of that position with as much regularity as his health permitted. In May, 1807, the Courts of Connecticut were re-organized. He was selected for the Chief Justiceship. But his health giving way he was forced to decline the appointment. He died on November 26. In society his kindliness and conversa tional powers made him popular. He was fond of children and found with them his greatest recreation. His indisputable integ rity gained him respect. The business of the Supreme Court during his administration
