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Updated: June 5, 2025
"D n dominie regis!" said the impatient Justice "I hope it's no treason to say so; but it's enough to made one mad to be worried in this way. Have I a moment of my life quiet for warrants, orders, directions, acts, bails, bonds, and recognisances? I pronounce to you, Mr. Jobson, that I shall send you and the justiceship to the devil one of these days."
"D n dominie regis!" said the impatient Justice "I hope it's no treason to say so; but it's enough to made one mad to be worried in this way. Have I a moment of my life quiet for warrants, orders, directions, acts, bails, bonds, and recognisances? I pronounce to you, Mr. Jobson, that I shall send you and the justiceship to the devil one of these days."
Secretary Seward was there, sphinx-like and impassible. Governor Chase seemed somewhat perplexed, balancing, perhaps, between the succession to the Presidency or the Chief Justiceship; Secretary Wells' patriarchal form towered above the crowd, and there were a few Senators and Representatives, a majority of either House being, on dit, enjoying the hospitalities of New York.
You are cantankerous enough to forget that he used his position in London to do us harm, and you won't see that he will do as much with the justiceship. Let these things pass. If you were a good Catholic one might excuse your devotion to Livingstone on the score that you were eager to return good for evil. But you're a half-cooked Catholic, John. Let that pass too. Have you no manhood left in you?
This famous measure created a chief justiceship and five associate justiceships for the Supreme Court; fifteen District Courts, one for each State of the Union and for each of the two Territories, Kentucky and Ohio; and, to stand between these, three Circuit Courts consisting of two Supreme Court justices and the local district judge.
In any case, from the moment he assumed the chief justiceship he set himself directly against the punishment of witchcraft. As premier of the English judiciary his example meant quite as much as his own rulings. And their cumulative effect was not slight. We know of no less than eleven trials where as presiding officer he was instrumental in securing a verdict of acquittal.
In the nineties of the seventeenth century, as we shall see, there was a man in the chief justiceship who dared to nullify the law of James I. It is not too much to say that Matthew Hale by a different charge to the jury could as easily have made the current of judicial decisions run in favor of accused witches all over England.
As if by intuition, he thoroughly understood after a single interview the men with whom he was brought in contact. As an object lesson a better appointment to high office has rarely been made than that of Fuller to the chief justiceship of the great court. No less fortunate was his selection of Vilas to the responsible position of Postmaster-General.
The contrast between these observations and the disheartened words in which Jay declined renomination to the chief justiceship in 1801 gives perhaps a fair measure of Marshall's accomplishment.
A fortnight later the Chief Justiceship of Calcutta, vacant by the resignation of Sir Barnes Peacock, was offered to him; but he preferred to retain his previous appointment, which gave him precisely the kind of work in which he was most interested. He was pleased to recollect that the post on its first creation had been offered to his father.
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