How long was John Rutledge on the US Supreme Court?

Answer 1

Term as Associate Justice: September 1789 - March 1791 (525 days)

Term as Chief Justice: July 1, 1795 - December 28, 1795 (180 days)

Total Time on the Court: 705 days

Explanation

John Rutledge, who was a member of the Continental Congress and one of the framers of the US Constitution, was first appointed to the Supreme Court as an Associate Justice in September 1789. Rutledge was a friend of President Washington, and was reportedly disappointed that John Jay was nominated Chief Justice ahead of him. According to historical accounts, Rutledge never actually served on the Court or attended their required meetings, but worked as a judge in the South Carolina state system, instead. He officially resigned his position on the US Supreme Court in March 1791, after just 18 months.

In the years between 1791 and 1795, Rutledge was Chief Justice of the South Carolina Court of Common Pleas in Charleston, SC. He also suffered the loss of his wife in 1792, which sent him into a depression.

In 1795, John Jay, the incumbent Chief Justice of the United States, negotiated a difficult treaty with Great Britain, the Jay Treaty (officially: Treaty of London of 1794), and was subsequently elected Governor of New York. Eager to serve in that capacity, he tendered his resignation from the Supreme Court effective July 1, 1795.

Rutledge heard about the Jay Treaty and the vacancy on the Court at about the same time. He solicited President Washington for the Chief Justice position, and was granted his request while Congress was on summer break, making his a recess appointment.

Excerpts from John Rutledge's letter to President Washington:

"Dear Sir/

"Finding that Mr. Jay is elected Governor of New-York, & presuming that he will accept the Office, I take the Liberty of intimating to you, privately, that, if he shall, I have no Objection to take the place which he holds, if you think me as fit as any other person, & have not made Choice of one to succeed him: in either of which Cases, I could not expect, nor would I wish for, it.

"Several of my Friends were displeased at my accepting the Office of an Associate Judge (altho' the senior,) of the Supreme Court, of the United States, conceiving, (as I thought, very justly,) that my Pretensions to the Office of Chief-Justice were, at least, equal to Mr. Jay's, in point of Law-Knowledge, with Additional Weight, of much longer Experience, & much greater Practice..."

and

"I have held many Posts, of high Rank, & great Importance, & have been under the Necessity of refusing others: but, they were offer'd, spontaneously, & handsomely. I have Reason to believe, that I discharged all that I held, with Fidelity & Honour. I never sollicited a Place, nor do I mean this Letter as an Application. It is intended, merely, to apprize you, of what I would do, if elected."

He was offered the position effective July 1, before the Senate had an opportunity to vote on his confirmation. The new Term of the Supreme Court and the new Session of Congress were to convene on August 1, 1795.

On July 16, while still living in Charleston, Rutledge, who hated the British with a passion, spoke out strongly against Jay's treaty, calling it "prostitution," and suggesting he'd rather the President die than sign the "puerile" agreement. He also lead a protest in which John Jay was burned in effigy and the British flag dragged through the streets.

Rutledge's escapades were published in both the Charleston and Philadelphia newspapers. Because Philadelphia was the nation's capital at that time, it wasn't long before his friends in the Federalist party learned of his outrageous behavior. While many expressed surprise and indignation, Oliver Ellsworth (who became the third Chief Justice) commented he was not terribly surprised to find John Rutledge had "acted like the devil." Rumors were already circulating that Rutledge was mentally ill.

On July 31, Rutledge and his son sailed from Charleston to Baltimore, then traveled over land to Philadelphia, so Rutledge could open the new Term of the Supreme Court. He arrived in the city on August 10, but his temporary commission wasn't sealed until August 12, two days later.

The session only lasted a few days, during which time the Court heard one case, that of Talbot v. Janson, 3 US 133 (1795), in which a French vessel had been illegally outfitted with guns while docked in the US, then engaged in acts of piracy, including capturing a Dutch vessel, the Magdalena, on its voyage between Curacoa and Amsterdam. Rutledge delivered the opinion of the Court that the ship had been captured illegally, and ordered all cargo returned to its rightful owner. Rutledge then closed the session of the Court and returned to South Carolina.

In November, he traveled to Augusta, Georgia, to hold a term of the Circuit Court, which was one of the duties of Supreme Court Justices at that time. When he arrived, he discovered the case files were in Savannah, the Clerk of Court had recently died, and the Associate Justice who was supposed to join him never arrived. Rutledge had no choice but to adjourn court until the next session.

He then began traveling to North Carolina, where he intended hold the next Circuit session. Enroute, he became seriously ill and was unable to complete the journey.

In December, Congress met to discuss Rutledge's confirmation. Their anger toward him over his outrageous behavior in protest of the Jay Treaty had softened somewhat, but they had become concerned that his intellect was failing and decided he wasn't capable of leading the Court. The Senate rejected Rutledge's commission on December 15, 1795, by a vote of 14-10.

Rutledge tendered his resignation to Washington in a letter dated December 28, 1795 (it is not known whether he'd received news of the rejection before writing the letter). A short excerpt offers this explanation:

"...it requires a Consitution less broken than mine, to discharge with Punctuality & Satisifaction, the Duties of so important an Office..."

According to a relative, when Rutledge heard the news, "The Senate's refusal to confirm his appointment extinguished the last spark of sanity." Rutledge allegedly tried to commit suicide by jumping off a pier into the Charleston Bay, but was saved from drowning by two passing slaves. He lived the last five years of his life in almost total seclusion.