Background

In 1789, John Rutledge was one of five of Washington’s original nominees for Associate Justice that were confirmed to the Supreme Court, but he only served for one year before resigning in 1791 to accept the position of Chief Justice of a South Carolina court. After Chief Justice John Jay won his race to become the Governor of New York in June of 1795, however, Rutledge sent a letter to Washington asking privately that he be considered to replace Jay. Washington responded to Rutledge on July 1, writing that Rutledge’s offer to succeed Jay as Chief Justice “gave me much pleasure, and without hesitating a moment, after knowing you would accept the latter [position as Chief Justice], I directed the Secretary of State to make you an official offer of this honorable appointment.”

Washington’s recess appointment of Rutledge took effect immediately, but the Senate would not return from recess and vote on his nomination until December. Just a few weeks after becoming Chief Justice, Rutledge gave a speech fiercely advocating against the Jay Treaty with Britain. The treaty was an extremely controversial political issue at the time and had been ratified by an extremely slim margin in the Senate the month before. Rutledge believed that the treaty too heavily favored the British and allegedly stated that he had “rather the President should die than sign that puerile instrument,” and he “preferred war to an adoption of it.”

The speech sparked a zealous reaction from Federalist supporters of the treaty, including Federalist Senators and advocates of the treaty within Washington’s administration. Federalist newspapers circulated rumors alleging that Rutledge suffered from mental illness and was an alcoholic, attributing his supposed moral failings as the reason for his opposition to the treaty. The Senate finally voted on December 15, and they decisively rejected his nomination by a margin of 10-14. Rutledge subsequently resigned on December 28, serving the briefest tenure of any Chief Justice. Reflecting on the Senate’s vote, Thomas Jefferson wrote in a letter to Virginia Congressman William Branch Giles that “[t]he rejection of Mr. Rutledge by the Senate is a bold thing, because they cannot pretend any objection to him but his disapprobation of the treaty.”