Section #1 - Hear Ye, Hear Ye, The United States Supreme Court Is Now In Session: 1789 to 1864
Chapter 4: The John Rutledge Court (1795)
The Five “Courts” Up To The Civil War
| The Jay Court | Rutledge Court* | Ellsworth Court | Marshall Court | Taney Court | |
|---|---|---|---|---|---|
| Begins | Oct 19, 1789 | Aug 12, 1795 | Mar 8, 1796 | Feb 4, 1801 | Mar 28, 1836 |
| Ends | June 29, 1795 | Dec 15, 1795 | Dec 15, 1800 | 7-6 | Oct 12, 1864 |
| # Years | 5.7 | 0.3 | 3.8 | 34.5 | 28.5 |
| # Rulings | 5 | 2 | 11 | 1000+ | 500+ |
When John Jay resigns as Chief Justice in late June 1795, President Washington turns to former Associate Justice John Rutledge to replace him as a “recess appointment.” However, before being confirmed, Rutledge adds to his long-standing reputation for inflammatory rhetoric. His target this time is the “Jay Treaty” with Britain that the president and his administration worked so hard to resolve in November 1794. Speaking in Charleston on July 16, 1795, he is quoted in Boston’s Independent Chronicle as saying that he had rather the President should die than sign that puerile instrument – and that he would have preferred war to an adoption of it.
By the time Rutledge becomes the Acting Chief on August 12, his support in the Senate is already slipping away – and when it reconvenes in December, his nomination is rejected by a vote of 10-14. The ever proud Rutledge is so humiliated by the outcome that ten days later he attempts suicide by drowning, jumping off a wharf in Charleston Harbor. While rescued in time, he vanishes for good from the public scene and dies in 1800.
The Associate Justices during the four-month “Rutledge Court” are unchanged from the end of Jay’s tenure: William Patterson, William Cushing, James Wilson, John Blair, Jr., and James Iredell.
Together they decide two cases, with one, United States v Peters, signaling the Supreme Court’s power to overturn a ruling made by a Federal District Court.
| Year | Name | Facts | Ruling | Vote | Impact |
|---|---|---|---|---|---|
| 1795 | United States v Peters | Federal District Court Judge Richard Peters issues an arrest warrant against Samuel Davis, Commander of the French ship Cassius for capturing a U.S. merchant ship on the high seas owned by Pennsylvania citizen, James Yard. His action is appealed to the Supreme Court. | Against Peters. The court rules that the Federal District Court has no jurisdiction to rule on a case involving a privateer of a foreign power operating on the high seas. | 6-0 | Demonstrates that the Supreme Court can overturn decisions reached by a lower (“inferior”) federal court. |