Who were the nation’s first three chief justices?

      The first three chief justices of the U.S. Supreme Court were John Jay, John Rutledge, and Oliver Ellsworth. Jay served from 1789 to 1795. Rutledge, who had served as an associate justice from 1789 to 1791, served as chief justice for only five months in 1795. He was a recess appointment and the Senate rejected his nomination. Ellsworth served from 1796 to 1800 after sitting associate justice William Cushing became the second chief justice nominee of President George Washington to be rejected by the Senate in 1796.

      Which justices served on these first three courts?

      Twelve justices served on the courts of John Jay, John Rutledge (who also served as an associate justice), and Oliver Ellsworth. Besides the chief justices themselves, the justices were William Cushing, James Wilson, John Blair, James Iredell, Thomas Johnson, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore.

      What positions did Jay, Rutledge, and Ellsworth hold before serving as chief justice?

      John Jay had a distinguished political career in his home state of New York, including serving as a delegate at the Continental Congress and later becoming president of that colonial governmental body. He also served as chief justice of the New York state court, minister to Spain, and secretary of foreign affairs under President George Washington. He acted as a special envoy to Great Britain while serving as chief justice of the Supreme Court, which led to the adoption of a treaty between the two nations called the Jay Treaty.

      John Rutledge also had a distinguished political career from his home state of South Carolina. He served as a member of the South Carolina Commons House of Assembly, acting South Carolina attorney general, a member of the Continental Congress, president of the South Carolina General Assembly, governor of South Carolina, judge of the Chancery Court of South Carolina, and chief member of the South Carolina delegation to the Philadelphia Convention (which formed the U.S. Constitution). Rutledge also served as an associate justice on the Court for seventeen months.

      Oliver Ellsworth had an impressive political career in his home state of Connecticut, serving as a member of the Connecticut General Assembly, the Hartford County state attorney, a member of the Continental Congress, a judge on the Connecticut Superior Court, a delegate to the Philadelphia Convention, and U.S. senator. He also served as commissioner to France while he served as chief justice.

      What position did President George Washington first offer to Jay?

      President Washington first offered Jay the position of secretary of state, which Jay declined. Then, Washington made him the nation’s first chief justice of the U.S. Supreme Court.

      Why did these chief justices leave the Court?

      Jay left the Court to become governor of New York, a position he coveted more than the chief justice of the Supreme Court. The Court in those early days was not considered a top position, as many early justices left for state positions or state judgeships.

      Rutledge first served as one of the Court’s original six associate justices, though he never actually heard a case on the Court due to illness. Rutledge did hear some cases in his capacity of “riding circuit,” as the Judiciary Act of 1789 required Supreme Court justices to serve as circuit court judges. Rutledge left the Court as an associate justice for what he considered a better position—chief justice of the South Carolina Supreme Court.

      In July 1795, President Washington appointed Rutledge to the position of chief justice while Congress was in recess (a so-called recess appointment). However, Rutledge had to leave the Court after the U.S. Senate failed to confirm him by a vote of 14–10. Many senators opposed Rutledge’s nomination because of political reasons, mainly his opposition to the Jay Treaty, named after the Court’s first chief justice, John Jay. President Washington enlisted Jay, while he was still chief justice, to negotiate with the British over several issues that were causing conflict between the two nations. Many Americans were upset with the British for their capture and seizure of American ships. Many believed that Jay was not forceful enough in his negotiations and did not obtain enough concessions from the British for their unlawful behavior. Rutledge called the Jay Treaty a “prostitution of the dearest rights of free men.” This did not sit well with several members of the U.S. Senate, who denied him the chief justice position. Rutledge did not take the rejection well, as he apparently tried to drown himself.

      Ellsworth left the position as chief justice because of poor health.

      Oliver Ellsworth, the nation’s third U.S. Supreme Court chief justice. Hulton Archive/Getty Images.

      John Rutledge, the nation’s second U.S. Supreme Court chief justice. Rutledge was a recess appointment who served for only five months as chief justice before the U.S. Senate rejected him, 14–10. Hulton Archive/Getty Images.

      Who were the first six justices nominated for the U.S. Supreme Court?

      The first six justices nominated to the U.S. Supreme Court were Chief Justice John Jay and Justices John Rutledge, William Cushing, James Wilson, John Blair, and Robert H. Harrison. The Senate confirmed all the nominees, but Harrison, a judge in Maryland, declined the nomination because of poor health. In his place, Washington nominated James Iredell of North Carolina.

      How many of the first six justices had state court judicial experience?

      Five of the first six justices—John Jay, John Rutledge, William Cushing, John Blair, and James Iredell—had prior judicial experience. Only James Wilson of the original six had never served as a judge.

      Jay had been chief justice of the New York State Court, Rutledge had been judge of the Court of Chancery of South Carolina, Cushing had been a member of the Supreme Judicial Court of Massachusetts, Blair had been chief justice of the Virginia Court of Appeals, and Iredell had been a judge on the Superior Court of North Carolina.

      Which justice had the most judicial experience?

      By far, Justice William Cushing had the most prior judicial experience. He had been a judge in Massachusetts for nearly twenty years. He served as a probate judge for two years in 1760–61, on the Superior Court of Massachusetts for five years, and on the Supreme Judicial Court of Massachusetts for twelve years.

      What exactly was “riding circuit”?

      Riding circuit referred to the practice established in the Judiciary Act of 1789 of having the justices of the U.S. Supreme Court also serve on the circuit courts. At the time, the three circuits were the Southern Circuit (consisting of South Carolina, Georgia, and North Carolina), the Middle Circuit (consisting of Delaware, Maryland, New Jersey, Pennsylvania,

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