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In one respect, however, De Tocqueville erred. American "legalism," that curious infusion of politics with jurisprudence, that mutual consultation of public opinion and established principles, which in the past has so characterized the course of discussion and legislation in America, is traceable to origins long antedating Marshall's chief justiceship.
It has bigger profits generally than the green-goods business and none of the risks. And you don't have to invest as much as the green-goods men. Just see what good things some of these "Democracies" got in the last few years! The New York State Democracy in 1897 landed a Supreme Court Justiceship for the man who manufactured the concern a fourteen-year term at $17,500 a year, that is $245,000.
In 1789 General Washington is said to have offered John Jay his choice of offices under the new government, and Jay chose the chief justiceship, because there he thought he could make his influence felt most widely. If so he had his wish, and very shortly met with disappointment. In the August Term of 1792, one Chisholm, a citizen of South Carolina, sued the State of Georgia for a debt.
So much joy did it afford the old man to air his learning and consult his code a relic of his justiceship that he belittled the danger of losing the said Elnathan Daniel Kittredge in the interest with which he looked forward to the day for him to be produced before the court. There was a gathering of the clans on that day.
"That's neat," whispered a learned friend to Mr. Balais, reverently shutting his eyes, as though in rapt admiration. "Very," returned that gentleman. "He's bidding for the Lord Chief Justiceship." "In the whole course of my legal experience, young man," continued the judge, "I have never seen a case which seems to me to call for more exemplary punishment than yours.
Both the principals in this scandalous outbreak and subsequent reconciliation became honorably known in their profession Martin rising to be a Recorder of London and a member of parliament; and Davies acting as Attorney General of Ireland and Speaker of the Irish parliament, and achieving such a status in politics and law that he was appointed to the Chief Justiceship of England, an office, however, which sudden death prevented him from filling.
In 1799, Sir John Scott was appointed to the chief justiceship of the Common Pleas, on the resignation of Chief Justice Eyre; and in the same year he was raised to the peerage by the title of Baron Eldon. In 1801, he was made Lord Chancellor, which high office he retained till the year 1827, with the exception of the short period during which the Whigs were in office, in 1806.
I had afterwards the pleasant duty of recommending him to our first Colonial Secretary, Captain Lonsdale, for a Justiceship of the Peace, to the great satisfaction and convenience of his co-emigrant countrymen. I am under much like obligation also to Mr. Brahe, who long acted, and I hope still acts, as a solicitor amongst the Germans.
He was not the equal of his predecessors either in personal weight or in social position, and did not aspire to act as chief minister. The appointment of a mere lawyer to the great Norman office of state marks the first stage in the decline, which before long degraded the justiciarship into a simple position of headship over the judges, the chief justiceship of the next generation.
Shiel had been associated with the Attorney-General in the prosecution at Clonmel, and his letter boldly justified the conduct which the great popular tribune vehemently and indignantly impugned. This was quite unexpected, and greatly affected Mr. O'Connell's cause. But whether Mr. Doherty failed or succeeded, he was rewarded, and almost avowedly, by the Chief Justiceship of the Common Pleas.
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