'John Rutledge' (
September 17,
1739 –
July 18,
1800) was
Governor of South Carolina, delegate to the
Constitutional Convention, signer of the
United States Constitution, and served on the
U.S. Supreme Court (
Chief Justice from August to December 1795). He was the elder brother of
Edward Rutledge, a signer of the
Declaration of Independence.
Childhood and family
John Rutledge was born into a large family at or near Charleston, South Carolina, and received his early education from his father who was an alcoholic
Scots Irish immigrant and
physician, and from an
Anglican priest and a tutor. After studying law at
London's
Middle Temple in 1760, he was admitted to English practice. But, almost at once, he sailed back to Charleston to begin a fruitful legal career and to build on his mother's fortune in
plantations and
slaves. Three years later, he married Elizabeth Grimke, who eventually bore him 10 children, and moved into a townhouse, where he resided most of the remainder of his life.
Pre-Revolutionary War activism
In 1761, Rutledge became politically active. That year, on behalf of
Christ Church Parish, he was elected to the provincial assembly and held his seat until the
American Revolution. For 10 months in 1764 he temporarily held the post of provincial
Attorney General. When the troubles with
Great Britain intensified about the time of the
Stamp Act in 1765, Rutledge, who hoped to ensure continued self-government for the colonies, sought to avoid severance from the British and maintained a restrained stance. He did, however, chair a committee of the
Stamp Act Congress that drew up a petition to the
House of Lords.
In 1774, Rutledge was sent to the
First Continental Congress, where he pursued a moderate course. After spending the next year in the
Second Continental Congress, he returned to South Carolina and helped reorganize its government. In 1776, he served on the committee of safety and took part in the writing of the state
constitution. That year, he also became president of the lower house of the legislature, a post he held until 1778. During this period, the new government met many stern tests.
In 1778, the conservative Rutledge, disapproving of democratic revisions in the state constitution, resigned his position. The next year, however, he was elected as
governor. It was a difficult time. The British were invading South Carolina, and the military situation was desperate. Early in 1780, by which time the legislature had adjourned, Charleston was besieged. In May it fell, the American army was captured, and the British confiscated Rutledge's property. He ultimately escaped to
North Carolina and set about attempting to rally forces to recover South Carolina. In 1781, aided by Gen.
Nathanael Greene and a new
Continental Army force, he reestablished the government. In January 1782 he resigned the governorship and took a seat in the lower house of the legislature. He never recouped the financial losses he suffered during the war.
Post-war
In 1782-1783, Rutledge was a delegate to the Continental Congress. He next sat on the state
chancery court (1784) and again in the lower house of the legislature (1784-1790). One of the most influential delegates at the Constitutional Convention, where he maintained a moderate nationalist stance and chaired the
Committee of Detail, he attended all the sessions, spoke often and effectively, and served on five committees. Like his fellow South Carolina delegates, he vigorously advocated southern interests. He had strong feelings on the right to the slave trade and even threatened to leave if slavery was not allowed.
Supreme Court Associate Justice
The new government under the Constitution soon lured Rutledge. He was a
presidential elector in 1789, and
George Washington then appointed him as
Associate Justice of the
U.S. Supreme Court, but he served for only two years. In 1791, he became chief justice of the South Carolina Supreme Court.
Second Chief Justice of the United States
In 1795, George Washington again appointed Rutledge during a
recess of the Senate to the U.S. Supreme Court, this time as
Chief Justice of the United States replacing
John Jay. Rutledge became Chief Justice on July 1 of
1795.
[1] Soon thereafter, on July 16 of 1795, Rutledge gave a highly controversial speech denouncing the
Jay Treaty with England. 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."
[2]
Rutledge's outspoken opposition to the Jay Treaty, and the rumors of
mental illness he had suffered since the death of his wife in 1792, caused the
Federalist-dominated
Senate to reject his appointment on December 15 of 1795, ending his public career. In the meantime, however, he had presided over one term of the Court.
Alexander Hamilton questioned his sanity, and Vice President
John Adams wrote to
Abigail Adams that the Senate's rejection of Rutledge "gave me pain for an old friend, though I could not but think he deserved it. C. Justices must not ... inflame the popular discontents which are ill founded, nor propagate Disunion, Division, Contention and delusion among the people."
[3] Rutledge attempted suicide, shortly before resigning as Chief Justice on December 28 of 1795.
[4]
Rutledge died in 1800 at the age of 60 and was interred at
St. Michael's Episcopal Church in Charleston. 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 Inn.
Quotations
★ "By doing good with his money, a man, as it were, stamps the image of God upon it, and makes it pass, current for the merchandise of heaven." ~ John Rutledge
Trivia
★ A daughter Elizabeth married to Henry Laurens-son of President of Congress
Henry Laurens; Henry Laurens and Elizabeth Rutledge's son Edward Rutledge Laurens married Margaret Horry-a 1st cousin once removed of General
Peter Horry. Margaret was also a 1st cousin once removed of Confederate General
Zachery Deas. General Deas was a cousin of Confederte General
James Chesnut, Jr..
★ A brother {Thomas Hugh Rutledge} was married twice:
★
★ His first wife Ann Smith was the sister of his brother in law Roger M. Smith.
★
★ His second wife Mary Huger was the paternal aunt of Confederate General
Benjamin Huger-the grandson of
Thomas Pinckney
★ A Brother-in-law Roger M. Smith (Husband of Mary Rutledge) was the brother of Mary Smith-the wife of John Fauchereau Grimke who were the parents of the
Grimke Sisters-and this related to
Archibald Grimke;
Francis J.Grimke;
Angelina Weld Grimke;
Charlotte Forten Grimke; and Rev. John Grimke Drayton of
Magnolia Plantation {Related to Congressmen
William Henry Drayton;
William Drayton; and South Carolina Governor John Drayton}.
★ A sister-in-law {wife of Andrew Rutledge} was the daughter of South Carolina Continental General
Christopher Gadsden.
★ A daughter-in-law was the daughter of Daniel Horry-brother of Continental General Peter Horry. Daniel Horry wife was a sister of
Charles Cotesworth Pinckney and
Thomas Pinckney
★ Rutledge was one of the founders of the College of Charleston in Charleston, SC.
★ Rutledge was the only Supreme Court Justice to be removed from office, as he was he was serving as a recess appointment when the Senate voted to reject his confirmation based on rumors of mental illness and eating gavels, which immediately ended his tenure.
References
1. Fisher, Louis. “Recess Appointments of Federal Judges,” Congressional Research Service (2001-09-05).
2. ''Independent Chronicle'' (Boston). 1795-08-13, reprinted in ''The Documentary History of the Supreme Court of the United States'', 1789-1800 by Maeva Marcus and James Russell Perry.
3. Maltese, John. ''The Selling of Supreme Court Nominees'' (Johns Hopkins University Press 1998), pp. 30-31.
4. Haw, James. ''John and Edward Rutledge of South Carolina,'' (University of Georgia Press 1997).
External links
★
SCIway Biography of John Rutledge
★
NGA Biography of John Rutledge
Note
''This article is based on public domain text created for the
US National Archives
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