Passed Chief Justices - # 2 – John Rutledge

Bust of Chief Justice Rutledge, U.S. Supreme Court,

Washington, D.C. (11 April 2019)

Among what I call the second tier of Founding Fathers, John Rutledge was a significant contributor to our nation’s independence. He was the first president of the Republic of South Carolina when we first declared independence and the first governor when it became a state. He attended the Constitutional Convention where he made no bones about the South’s absolute need to continue importing slaves.

I can’t help but imagine him addressing the convention...intoning in his finest ‘Foghorn Leghorn’ affectations, “Suh...ah say Suh, the South and all the fine and honorable things it stands for, cannot continue as we know and appreciate it, without the contributions of the chattel slaves we pay to uproot from their homelands across the ocean. Our entire economy is based on it. If you choose to make a big stink about it, you risk breaking up the new country before one is even established.” (something like that...)

I’m guessing this began to strain his popularity with his northern brethren. Read on.

Testimonial Sign at the Grave of John Rutledge,

Charleston, SC (10 March 2014)

This testimonial sign is placed next to the original tombstone.

I believe it gives off a strong image rehab vibe.

Like, ‘Sure, you’ve been told that Madison is the ‘Father of the

Constitution’ and he wrote all those Federalist Papers and

shepherded the process through to completion...

but de Tocqueville thought Rutledge

was the Real Father of the Constitution. So there.’

John Rutledge was one of the five original Associate Justices on the very first Supreme Court. In those early years, as the high court of the new nation was establishing itself, the idea of a lifetime appointment meant less than it does today. The first Chief Justice, John Jay, resigned to run for governor of New York. Before that, Rutledge became the first justice to resign, leaving after just thirteen months to become Chief Justice back home in South Carolina.

After John Jay resigned, President Washington appointed Rutledge to be the second Chief Justice. However, that appointment was made when the Senate was not in session. Recess appointments are permitted in the Constitution, given the Senate, the body required to approve many important federal positions, is not always in session.

Being the hardline absolutist on slavery was bad enough. Rutledge then criticized the Jay Treaty with Britain. The 1795 agreement was intended to address unresolved issues following our war of independence. The upshot was that when the Senate returned to business, they rejected Rutledge’s appointment, thus making his tenure as Chief Justice just 138 days, the shortest of them all.

Steeple of St. Michael’s Church,

Charleston, South Carolina (11 March 2014)

This picture was taken from the harbor where John Rutledge

attempted suicide in 1795. The church marks his final resting place.

Some have argued that since he was never formally approved by the Senate, he should not even be considered among the Chief Justices...but he is included on all the lists that matter...including having his bust in the Supreme Court’s atrium. Who am I to disagree?

Between his two tenures on the Court, he suffered the same sad fate as our 26th president, Teddy Roosevelt, in that both his wife, who bore his ten children, and his mother, passed away on the same day.

The Senate rejection was the last blow for Rutledge. He resigned from the Court and returned to Charleston. Days later, in December of 1795, he attempted suicide by jumping into Charleston Harbor but was rescued (ironically) by two slaves. He remained out of public life until he died in 1800 at age 60.

He currently resides in the graveyard of St. Michael’s Episcopal Church in Charleston, South Carolina. The slab over his grave was replaced in 2010.

Grave of John Rutledge, St. Michael’s Episcopal Church,

Charleston, SC (10 March 2014)

Mr. Rutledge’s grave was restored in 2010 and it appears that the South Carolina climate has already worked to make the inscriptions difficult to read. It says -

John Rutledge

Jurist. Patriot. Statesman.

Member of the Provincial Assembly

Attorney General of South Carolina

Delegate of the Stamp Act Congress

President of South Carolina

Governor of South Carolina

Signatory of the United States Constitution

Chief Justice of South Carolina

Chief Justice of the United States of America

Born 1739, Christ Church Parish

Died July 18th 1800, Charleston

This memorial placed by:

His Descendants

The Society of Colonial Wars in the State of South Carolina

The National Society of the Colonial Dames of America

in the State of South Carolina Lowcountry Town Committee

The Hereditary Order of Descendants of Colonial Governors

M.G. William Moultrie Chapter, Sons of the American Revolution

The Rebecca Motte Chapter, Daughters of the American Revolution

President Rutledge Loyal Orange Lodge No. 1776

2010

Grave of John Rutledge, St. Michael’s Episcopal Church,

Charleston, SC (10 March 2014)

Name – John Rutledge

Born – 17 September 1739; Charleston, SC

Died – 23 July 1800; Charleston, SC (Age 60)

Nominated by – George Washington

Preceded by – John Jay

Succeeded by – Oliver Ellsworth

Served as Chief Justice – 22 August - 28 December 1795

(138 days)

Resting Place – St. Michael’s Episcopal Church, Charleston, SC

Date Visited – 10 March 2014