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He complained that scores of men had come to him with references from some of the most distinguished people living, references so glowing that one man should have been ashamed to write them and the other ashamed to receive them, references of such a character that their happy possessors might, without being guilty of immodesty, have applied for the Chief Justiceship of the United States, the Viceroyalty of India, the Archbishopric of Canterbury, the Presidency of the Royal College of Surgeons, or the Mastership of Baliol, but that the great majority of these men had turned out to be ignorant, lazy and stupid to an unbelievable degree.
But the intensity of his mourning diminished, and the ills of idleness came. The justiceship of the peace at Orcival was vacant, and M. Plantat applied for and obtained it. Once installed in this office, he suffered less from ennui. This man, who saw his life drawing to an end, undertook to interest himself in the thousand diverse cases which came before him.
Milverton, we gather, still lives at his country-seat in Hampshire, and takes some interest in rustic concerns. Ellesmere continues to rise at the bar; since we last met him has been Solicitor-General, and is now Sir John, a member of the House of Commons, and in the fair way to a Chief Justiceship. The clergyman's quiet life is going on as before.
The office of Chief Justice was worth not over a hundred and twenty pounds sterling a year, and as Colonel Otis's practice at the bar was worth much more than this, and his seat in the legislature gave him all the power and reputation he needed, the loss of the Chief Justiceship could not have been a very great concern to him.
Despite all these concessions which he made to the rising spirit of the times, Marshall found his last years to be among the most trying of his chief justiceship. Jackson, who was now President, felt himself the chosen organ of "the People's will" and was not disposed to regard as binding anybody's interpretation of the Constitution except his own.
Had it not been for Ribeiro's nomination to the chief justiceship in the province of Amazones, he might perhaps have hesitated, for he had no new material proof of his innocence to bring forward.
As a preliminary step to this end, he accepted Pitt's resignation in October, 1761. Much to the displeasure of Massachusetts, Thomas Hutchinson, already Judge of Probate, was by Governor Bernard appointed to the Chief Justiceship of the colony; the royalist direction of his sympathies was known.
His appointment to the Chief Justiceship was made on the 13th of July, but owing to the delay occasioned by his acceptance of the inferior office it was confirmed and re-dated on the 3rd of August following. He then took his seat on the bench, and was destined to remain there for more than thirty-three years.
It is quite true that the islands are Americanized, and with the exception of the Finance Minister, who is a Scotchman, Americans "run" the Government and fill the Chief Justiceship and other high offices of State.
It would serve no useful purpose to enter upon a detailed consideration of the various decisions upon constitutional questions made during the twenty-eight years of Taney's Chief Justiceship. They were marked by great diversity of views among the members of the Court.
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