John Rutledge

John Rutledge
2nd Chief Justice of the United States
In office June 30, 1795 – December 28, 1795
Nominated by	George Washington
Preceded by	John Jay
Succeeded by	Oliver Ellsworth
Associate Justice of the Supreme Court of the United States
In office September 26, 1789 – March 4, 1791
Nominated by	George Washington
Preceded by	Position established
Succeeded by	Thomas Johnson
1st Governor of South Carolina
In office January 9, 1779 – January 16, 1782
Lieutenant	Thomas Bee Christopher Gadsden
Preceded by	Rawlins Lowndes
Succeeded by	John Mathews
In office July 4, 1776 – March 7, 1778 President of South Carolina
Lieutenant	Henry Laurens James Parsons
Preceded by	Henry Laurens (President of the Committee on Safety)
Succeeded by	Rawlins Lowndes
Delegate from South Carolina to the First Continental Congress
In office September 5, 1776 – October 26, 1776
Delegate from South Carolina to the Stamp Act Congress
In office October 7, 1765 – October 25, 1765
Personal details
Born	September 17, 1739 Charleston, South Carolina, British America
Died	July 23, 1800 (aged 60) Charleston, South Carolina, U.S.
Political party	Federalist
Spouse(s)	Elizabeth Grimke
Children	Martha Henrietta Sarah John Edward James Frederick Wilkes William Spencer Charles Wilson Thomas Elizabeth States Whitcomb
Alma mater	Middle Temple
Religion	Episcopalianism
Signature

John Rutledge (September 17, 1739 – July 23, 1800) was the second Chief Justice^[1] of the Supreme Court of the United States.

A lawyer and a judge, Rutledge was a delegate to the Stamp Act Congress and the Continental Congress, President and then Governor of South Carolina during the American Revolution, a delegate to the Constitutional Convention of 1787, and an Associate Justice of the U.S. Supreme Court. He was the elder brother of Edward Rutledge, a signatory of the Declaration of Independence.

Early life and family

Rutledge was the eldest child in a large family in Charleston, South Carolina. His father was Scots-Irish immigrant John Rutledge (Sr.) (1713–1750), the physician. His mother, South Carolina–born Sarah (née Hext; born September 18, 1724), was of English descent. John had six younger siblings: Andrew (1740–1772), Thomas (1741–1783), Sarah (1742–1819), Hugh (1745–1811), Mary (1747–1832), and Edward (1749–1800). John’s early education was provided by his father until the latter's death. The rest of Rutledge's primary education was provided by an Anglican priest.^[2]

John took an early interest in law and often "played lawyer" with his brothers and sisters. When he was 17 years old, Rutledge began to read law under a man named James Parsons. Two years later, Rutledge sailed to England to further his studies at London's Middle Temple. In the course of his studies, he won several cases in English courts.^[3]

After finishing his studies, Rutledge returned to Charleston to begin a fruitful legal career. At the time, many lawyers came out of law school and barely scraped together enough business to earn their livings. Most new lawyers could only hope that they would win well-known cases to ensure their success.^[4] Rutledge, however, emerged almost immediately as one of the most prominent lawyers in Charleston, and his services were in high demand.^[5]

With his successful legal career, he was able to build on his mother's fortune. On May 1, 1763, Rutledge married Elizabeth Grimké (born 1742).^[6] Rutledge was very devoted to his wife, and Elizabeth's death on July 6, 1792, was a major cause of the illness that affected Rutledge in his later years.^[7]

John and Elizabeth had 10 children: Martha Henrietta (1764–1816), Sarah (born and died 1765), John (1766–1819), Edward James (1767–1811), Frederick Wilkes (1769–1821), William Spencer (1771–1821), Charles Wilson (1773–1821), Thomas (born 1774 and died young), Elizabeth (1776–1842), and States Whitcomb (1783–1829).

Pre-Revolutionary War

In mid-1765 Rutledge was an important figure in the Stamp Act Congress. This congress produced a resolution that stated that it was "the undoubted right of Englishmen, that no taxes be imposed on them but with their own consent, given personally, or by their representatives." Rutledge chaired a committee that drew up a petition to the House of Lords attempting to persuade them to reject the Stamp Act. They were ultimately unsuccessful.^[8]

When the delegates returned to South Carolina after the Congress adjourned, they found the state in turmoil. The people had destroyed all the revenue stamps they could find; they broke into the houses of suspected Loyalists' to search for stamps. When the Stamp Act went into effect on November 1, 1765, there were no stamps in the entire colony. Dougal Campbell, the Charleston court clerk, refused to issue any papers without the stamps. Because of this, all legal processes in the entire state came to a standstill until news that the Stamp Act had been repealed reached South Carolina in early May 1766.^[9]

After the Stamp Act conflict ended, Rutledge went back into private life, and to his law practice. Besides serving in the colonial legislature, he did not involve himself in politics. His law practice continued to expand and he became fairly wealthy as a result.^[10]

In 1774, Rutledge was elected to the First Continental Congress. It is not known for certain exactly what John Rutledge did in the Congress. The records of the Congress refer only to "Rutledge", though both John and his brother Edward Rutledge were present. The most important contribution made by "Rutledge" to the Congress was during the debate on how to apportion votes in the Congress. Some wanted votes to be apportioned by the population of the colonies. Others wanted to give each colony one vote. "Rutledge" observed that as the Congress had no legal authority to force the colonies to accept its decisions, it would make the most sense to give each colony one vote. The other delegates ultimately agreed to this proposal.^[11]

President of South Carolina

John Rutledge served in the First Continental Congress and the Second Continental Congress until 1776. That year, he was elected President of South Carolina under a constitution drawn up on March 26, 1776. Upon taking office, he worked quickly to organize the new government and to prepare defenses against British attack.^[12]

In early 1776, Rutledge learned that British forces would attempt to take Charleston. In response, he ordered the construction of Fort Sullivan (now Fort Moultrie) on Sullivan's Island in Charleston Harbor. When the British arrived, the fort was only half completed. General Charles Lee of the Continental Army, who had arrived a few days earlier with reinforcements from North Carolina, told Rutledge the fort should be evacuated, as Lee considered it indefensible. Lee said that the fort would fall in under a half an hour, and all the men would be killed.^[12] In a note to the fort’s commanding officer, Colonel William Moultrie, Rutledge wrote "General Lee [...] wishes you to evacuate the fort. You will not, without [an] order from me. I would sooner cut off my hand than write one."^[13] Rutledge, noticed the Lee was arrogant and uncouth and unfit to control the militia. Rutledge, by virtue of being elected by the state gained control of the militia. Rutledge let it be known that only he could order the militia to defend Charleston. During this time, Rutledge garnered the nickname "Dictator John" by virtue of getting his way with things.^[14]

On June 28, 1776, the British attacked the fort, expecting it to fall quickly. However, the fort’s walls were made out of palmetto logs packed with sand, and the British cannonballs were absorbed into the soft core of the logs without doing much damage, and the British were repulsed, saving Charleston. The battle anniversary is still celebrated as "Carolina Day", on June 28 each year. South Carolina's current "Palmetto Flag", adopted in 1861, features the crescent symbol on the defending soldiers' caps along with the Palmetto tree.^[15]

Rutledge continued as President of South Carolina until 1778. That year, the South Carolina legislature proposed a new constitution. Rutledge vetoed it, stating that it moved the state dangerously close to a direct democracy, which Rutledge believed was only a step away from total anarchy. When the legislature overrode his veto, Rutledge resigned.^[16]

Governor of South Carolina

A few months after Rutledge’s resignation, the British, having suffered several defeats in the North, decided to try to retake the South. Lieutenant-Colonel Archibald Campbell landed in Georgia with 3,000 men and quickly took control of the entire state.^[17]

The new state constitution was revised, and in 1779, Rutledge was elected governor. Rutledge sent troops under General Benjamin Lincoln into Georgia to harass the British. The new British commander in the south, General Jacques Prevost, responded by marching on Charleston with 2,500 troops. When Rutledge heard about this threat, he hurried to Charleston and worked furiously to build up defenses. In spite of Rutledge’s efforts, when General Prevost arrived outside Charleston, the British force had been greatly increased by the addition of Loyalists, and the Americans were vastly outnumbered.^[17]

Rutledge privately asked Prevost for surrender terms. Prevost made an offer, but when Rutledge submitted it to the council of war, the council instructed Rutledge to ask if the British would accept a declaration of South Carolina’s neutrality in the Revolution. They forbade Rutledge from surrendering mainly because William Moultrie, who was now a general, believed that the Americans had at least as many troops as the British force, which consisted largely of untrained civilians.

Prevost replied that as he was faced with such a large military force, he would have to take some of them prisoner before he could accept. Moultrie advised the council that he would never stand by and allow the British to take Americans prisoner without fighting, so the council decided to fight it out. The city braced itself for an attack, but the next morning, the British had disappeared. Prevost had intercepted a letter from General Lincoln to Moultrie saying that he was marching to the aid of Charleston, and Prevost decided that he could not hold out if the Americans got reinforcements.^[18]

Charleston occupied

A map showing the battle lines during the British siege in 1780.

In early 1780, Sir Henry Clinton attacked South Carolina, and Charleston was thrown into a panic. The legislature adjourned upon learning of the British. Their last action was to give Rutledge power to do anything short of execution without trial. Rutledge did his best to raise militia forces, but Charleston was in the midst of a smallpox epidemic, and few dared to enter the city.

In February, Clinton landed near Charleston with 5,000 troops. By May he had 9,000 troops to less than 2,500 Americans in the area. On May 10, Charleston surrendered.^[19] Rutledge had left the city. He remained Governor of the unconquered part of South Carolina.^[20]

Though the Americans defeated the British at the Battle of Cowpens in January 1781, they could not drive the British back to Charleston until June 1781, when General Nathanael Greene arrived with more troops.^[21] The British held Charleston until December 14, 1782. John Rutledge’s term of office had already ended, and he did not run again, because of term limits.^[22]

A few weeks after leaving the governorship, Rutledge was again elected to the Continental Congress, where he served until 1783. In 1784, he was appointed to the South Carolina Court of Chancery, where he served until 1791.

Slavery

Like many prominent European-American men in South Carolina at the time, he owned African American people as slaves.

According to the state library of South Carolina:

"Although Rutledge claimed that he disliked slavery, as an attorney he twice defended individuals who abused slaves. Before the American Revolution, Rutledge owned sixty slaves; afterward, he possessed twenty-eight. His wife Elizabeth manumitted her own slaves, and his nieces were abolitionists Sarah and Angelina Grimké. Despite this, Rutledge convinced the Constitutional Convention not to abolish slavery. When Rutledge died in 1800, he only owned one slave due to financial difficulties." ^[23]

The Story of the Tavern Keeper

In 1784, the South Carolina legislature threatened to exile a tavern keeper by the name of William Thompson, for insulting "Dictator" John Rutledge, now the former governor and a prominent figure in the state. Rutledge had sent a female servant to Thompson's tavern to watch a fireworks display from the roof. Thompson denied the servant admittance and sent her back to Rutledge. Rutledge was furious and demanded that Thompson come to his house and apologize. Thompson refused and, believing that his honor had been affronted by Rutledge's arrogant request, challenged Rutledge to a duel. Since people like Rutledge did not associate with tavern keepers, Rutledge went to the South Carolina House of Representatives and insisted that it pass a bill banishing Thompson from the state for insulting a government official.^[24] Thompson claimed that, Rutledge and others who were wealthy composed "the grand hierarchy of the State." Thompson argued that independent people required leaders who were "good, able, useful and friends to social equality." This altercation changed the hierarchy of state legislatures for years to come.^[25]

Constitutional Convention

Rutledge around the time of the Convention.

In 1787, Rutledge was selected to represent South Carolina in the Philadelphia Convention which was called to revise the Articles of Confederation, but instead produced the United States Constitution.^[26] He attended all the sessions and served on five committees.^[27] At the Convention, Rutledge maintained a moderate nationalist stance and chaired the Committee of Detail. After the Convention had debated the Virginia Plan and settled some major points of controversy, the Committee of Detail, which Rutledge chaired, assembled during the convention's July 4 recess.^[1] Though the committee did not record its minutes, it is known that the committee used the original Virginia Plan, the decisions of the Convention on modifications to that plan, and other sources, to produce the first full draft. Much of what was included in this draft consisted of details, such as powers given to Congress, that hadn't been debated by the Convention. Most of these were uncontroversial and unchallenged, and as such much of what Rutledge's committee included in this first draft made it into the final version of the Constitution without debate.^[1]

Rutledge recommended that the executive power should consist of a single person, rather than several, because he felt that one person would feel the responsibility of the office more acutely. Because the president would not be able to defer a decision to another "co-president", Rutledge concluded that a single person would be more likely to make a good choice.^[26] Rutledge was largely responsible for denying the Supreme Court the right to give advisory opinions. Being a judge himself, he strongly believed that a judge’s sole purpose was to resolve legal conflicts; he held that a judge should hand down an opinion only when ruling on an actual case. He also thought that the legal community was the higher tier of society.^[28]

Rutledge also argued that if either house of the legislature was to have the sole authority to introduce appropriation bills, it should be the Senate. He noted that the Senate, by nature of its lengthier terms of office, would tend to be more leisurely in its actions. Because of this, Rutledge felt that the Senate would be better able to think clearly about what the consequences of a bill would be. Also, since the bills could not become law without the consent of the House of Representatives, he concluded that there would be no danger of the Senate ruling the country.^[29]

When the proposal was made that only landowners should have the right to vote, Rutledge opposed it perhaps more strongly than any other motion in the entire convention. He stated that making such a rule would divide the people into "haves" and "have nots", would create an undying resentment against landowners, and could do nothing but cause discord. He was supported by Benjamin Franklin, and the rule was not adopted.^[30]

In the debate on slavery in the new country, Rutledge took the side of the slave-owners; he was a Southerner and he owned several slaves. Rutledge said that if the Constitution forbade slavery, the Southern states would never agree to the Constitution.^[31]

Supreme Court Associate Justice

George Washington nominated Rutledge to the Supreme Court of the United States as an Associate Justice on September 24, 1789. The United States Senate confirmed his appointment on September 26, 1789, and Washington signed both the commissions of Chief Justice John Jay and Rutledge that same day. On March 4, 1791, Rutledge resigned from the Supreme Court, without having ever heard a case, in order to become Chief Justice of the South Carolina Court of Common Pleas and Sessions.^[32][33]

Chief Justice of the Supreme Court

A bust of John Rutledge located in the United States Supreme Court.

On June 28, 1795, Chief Justice John Jay resigned, having been elected Governor of New York. President Washington selected Rutledge to succeed Jay as Chief Justice. As the Senate was not in session at the time, Rutledge's recess appointment took effect immediately. He was commissioned as the second Chief Justice of the United States on June 30, 1795.^[34]

On July 16, 1795, Rutledge gave a highly controversial speech denouncing the Jay Treaty with Great Britain. He reportedly said in the speech "that he had rather the President should die than sign that puerile instrument"– and that he "preferred war to an adoption of it."^[35] Rutledge's speech against the Jay Treaty cost him the support of many in the Washington Administration, which supported the treaty, and in the Senate, which subsequently ratified it by a two-thirds majority and which would soon be debating and voting on his nomination to the Supreme Court.

Two cases were decided while Rutledge held his recess appointment (before his formal nomination). In United States v. Peters, the Court ruled that federal district courts had no jurisdiction over crimes committed against Americans in international waters. In Talbot v. Janson, the Court held that a citizen of the United States did not waive all claims to U.S. citizenship by either renouncing citizenship of an individual state, or by becoming a citizen of another country. The Rutledge Court thus established an important precedent for multiple citizenship in the United States.

By the time of his formal nomination to the Court on December 10, 1795, Rutledge's reputation was in tatters and support for his nomination had faded. Rumors of mental illness and alcohol abuse swirled around him, concocted largely by the Federalist press. His words and actions in response to the Jay Treaty were used as evidence of his continued mental decline.^[33] The Senate rejected his appointment on December 15, 1795 by a vote of 14–10. This was the first time that the Senate had rejected a presidential recess appointment. Of the 15 recess appointments to the Supreme Court, it remains the only one to be rejected,^[33] and to date Rutledge remains the only person ever removed involuntarily from the Supreme Court.

Regarding the Senate's rejection of Rutledge's nomination, then Vice President John Adams wrote to his wife Abigail that it "gave me pain for an old friend, though I could not but think he deserved it. Chief Justices must not go to illegal Meetings and become popular orators in favor of Sedition, nor inflame the popular discontents which are ill founded, nor propagate Disunion, Division, Contention and delusion among the people."^[36] The comments of Adams, a Federalist, foreshadowed his administration's Sedition Act, which attempted to suppress public criticism of Federalist policies.

Later years

"Jurist, Patriot, Statesman": The gravestone of John Rutledge at St. Michael's Episcopal Church in Charleston, South Carolina

The Senate's rejection of his nomination left Rutledge mentally ruined. He returned to Charleston and withdrew from public life. On December 26, 1795, he attempted suicide by jumping off a wharf into Charleston Harbor.^[34][37] Though the Senate remained in session through June 1, 1796, which would have been the automatic end of Rutledge's tenure following the rejection, Rutledge resigned from the Court two days later, on December 28, 1795.^[38]

John Rutledge died on June 21, 1800, at the age of sixty.^[39] He was interred at St. Michael's Episcopal Church in Charleston.^[40][41] One of his houses, said to have been built in 1763 and definitely sold in 1790, was renovated in 1989 and opened to the public as the John Rutledge House Inn.^[42]

See also

Demographics of the Supreme Court of the United States List of Justices of the Supreme Court of the United States List of United States Chief Justices by time in office List of U.S. Supreme Court Justices by time in office

United States Supreme Court cases during the Rutledge Court William Cushing U.S. Constitution, judiciary debates, image: Chief Justices

References

1. Stewart, David. The Summer of 1787. p168
2. Flanders, Henry (1874). The Lives and Times of the Chief Justices of the Supreme Court of the United States 1. Philadelphia: J. B. Lippincott & Co. pp. 432–433. Retrieved 2008-04-29.
3. Flanders 438–439
4. Flanders 447–448
5. Fradin, Dennis Brindell (2005). The Founders: The 39 Stories behind the U.S. Constitution. New York City: Walker Publishing Company, Inc. p. 90.
6. She was a cousin once removed of the abolitionist Grimké sisters.
7. Flanders 451
8. Flanders 460
9. Flanders 463–464
10. Hartley, Cecil B. (1860). Heroes and Patriots of the South. Philadelphia: G. G. Evans. p. 294. Retrieved 2008-04-30.
11. Flanders 481–482
12. Hartley 296–297
13. Fradin 91
14. Horton 142
15. Fradin 91–92
16. Flanders 551
17. Flanders 561
18. Flanders 561–564
19. Flanders 568–569
20. Flanders 573
21. Flanders 576–577
22. Flanders 588–589
23. "Slavery at South Carolina College, 1801–1865: The Foundations of the University of South Carolina - Intellectual Founders
24. Wood
25. Cooper 100-101,
26. Flanders 602
27. Madison, James (1893). E. H. Scott, ed. Journal of the Federal Convention. Chicago: Albert, Scott, and Co. Various locations throughout the book. Retrieved 2008-05-11.
28. Flanders 604
29. Flanders 606
30. Flanders 607
31. Flanders 609–610
32. Flanders 622
33. "1787-1800 – December 15, 1795 Chief Justice Nomination Rejected". United States Senate Historical Office. Retrieved October 21, 2012.
34. Fisher, Louis (2001-09-05). "Recess Appointments of Federal Judges" (PDF). Congressional Research Service. pp. 14–15. Retrieved October 20, 2012.
35. Independent Chronicle (Boston). 1795-08-13, reprinted in Marcus, Maeva, and Perry, James Russell. The Documentary History of the Supreme Court of the United States, 1789–1800 p 780
36. Maltese, John. The Selling of Supreme Court Nominees (Johns Hopkins University Press 1998), pp. 30–31.
37. Haw, James. John and Edward Rutledge of South Carolina (University of Georgia Press 1997).
38. Flanders 642
39. "Sheriff's spokesman: Supreme Court Historical Society: John Rutledge". 2009-12-05. Retrieved 2009-12-05.
40. Christensen, George A. (1983) Here Lies the Supreme Court: Gravesites of the Justices, Yearbook at the Wayback Machine (archived September 3, 2005) Supreme Court Historical Society at Internet Archive which erroneously lists the gravesite as being in Colorado.
41. See also Christensen, George A., "Here Lies the Supreme Court: Revisited", Journal of Supreme Court History, Volume 33 Issue 1, Pages 17 – 41 (Feb 19, 2008), University of Alabama.
42. "John Rutledge House Inn History". John Rutledge House Inn. Archived from the original on 2008-06-09. Retrieved 2008-05-12.

Bibliography

• Barry, Richard, (1942) Mr. Rutledge of South Carolina, Salem, N.H.: Ayer, 1993. ISBN 0-8027-8972-2; ISBN 978-0-8027-8972-3.
• Cooper, William J. Jr., and Thomas E. Terrill. "The American South: A History". Rowman & Littlefield Publishers, 23 Oct. 2008.
• Flanders, Henry. The Lives and Times of the Chief Justices of the United States Supreme Court. Philadelphia: J. B. Lippincott & Co., 1874 at Google Books.
• Fradin, Dennis Brindell. The Founders: The 39 Stories behind the U.S. Constitution. New York: Walker Publishing Company, Inc., 2005.
• Hartley, Cecil B. Heroes and Patriots of the South. Philadelphia: G. G. Evans, 1860.
• Haw, James. Founding brothers: John and Edward Rutledge of South Carolina, Athens: University of Georgia, 1997. ISBN 0-8203-1859-0; ISBN 978-0-8203-1859-2.
• Horton, Tom. "History's Lost Moments Volume III." Trafford Publishing, 25 Apr. 2012.
• Madison, James. in E. H. Scott: Journal of the Federal Convention. Chicago: Albert, Scott, and Co., 1893.
• Wood, Gordon S. "The Idea of America." Penguin, 12 May 2011.

Further reading

• John Rutledge at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Abraham, Henry J. (1992). Justices and Presidents: A Political History of Appointments to the Supreme Court (3rd ed.). New York: Oxford University Press. ISBN 0-19-506557-3.
• Cushman, Clare (2001). The Supreme Court Justices: Illustrated Biographies, 1789–1995 (2nd ed.). (Supreme Court Historical Society, Congressional Quarterly Books). ISBN 1-56802-126-7.
• Frank, John P. (1995). Friedman, Leon; Israel, Fred L., eds. The Justices of the United States Supreme Court: Their Lives and Major Opinions. Chelsea House Publishers. ISBN 0-7910-1377-4.
• Hall, Kermit L., ed. (1992). The Oxford Companion to the Supreme Court of the United States. New York: Oxford University Press. ISBN 0-19-505835-6.
• Martin, Fenton S.; Goehlert, Robert U. (1990). The U.S. Supreme Court: A Bibliography. Washington, D.C.: Congressional Quarterly Books. ISBN 0-87187-554-3.
• McCrady, Edward. History of South Carolina (4 vols., 1897–1902)
• Urofsky, Melvin I. (1994). The Supreme Court Justices: A Biographical Dictionary. New York: Garland Publishing. p. 590. ISBN 0-8153-1176-1.
• Wallace, David D. History of South Carolina (4 vols., 1934–1935; rev. ed., 1 vol., 1951)
• Warren, Charles. (1928) The Supreme Court in United States History, 2 vols. at Google books.
• Warren, Charles. The Supreme Court in United States History (3 vols., 1923; 2 vols., rev. ed. 1935)

External links

• Ireland, Robert M. John Rutledge at Answers.com.
• NGA Biography of John Rutledge
• John Rutledge memorial at Find a Grave
• Oyez Project, Supreme Court of the United States Media, John Rutledge.
• SCIway Biography of John Rutledge