National University - Docket Yearbook (Washington, DC)

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that year President Clapp wrote in his journal: “Oliver Ellsworth and Waightstill Avery, at the desire of their respective parents, were dismissed from being members of this college.’’ Apparently there was no hard feel- ing, though, for Ellsworth sent all his sons to Yale for their education. Young Ellsworth wanted to be a lawyer, not a preacher, and because of his stubborn persistence in this course his father cut off his allowance. Unable to buy a horse, he frequently walked from Windsor to court in Hart- ford and back, a distance of twenty miles, in a day. His practice increased rapidly and he soon removed to Hartford, where he took his place at the head of the Connecticut bar and amassed a considerable fortune. For six years he served in the Continental Congress, and in the Constitutional Con- vention of 1787 he was the chief advocate of the “Connecticut Com- promise,’’ which adjusted some of the differences between the large and the small States. Upon the organization of the new Federal Government he became one of Connecticut’s first two Senators. He was the chief author of the bill organizing the Federal judiciary and John Adams referred to him as “the firmest pillar of Washington’s administration.’’ In those days the Chief Justice, as well as the Associate Justices, had to ride the circuit and Ells- worth found the task a severe strain on his constitution. His talents and temperament fitted him for the work of the advocate and legislator rather than for purely judicial business. A great lawyer rather than a great judge, what fame he was entitled to was eclipsed by the luster of his great suc- cessor. Chief Justice Ellsworth had several peculiar personal habits. Ad- dicted to snuff, his one vice, he would often become so absorbed in a task that he would unconsciously take out the powdered tobacco and instead of putting it in his nose place it in tiny cone-shaped piles on the floor around his chair. He regularly talked to himself, even in the presence of others.

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Like Jay he went on a European diplomatic mission while Chief Justice and his last public service was as one of three commissioners sent to France in 1799 and 1800. An arduous sea voyage and a long journey by land through Spain and France impaired his health permanently. Negotia- tions with Napoleon being none too successful, the Chief Justice sent one of his sons to America with his resignation and lingered in England to recruit his broken health. Ellsworth had two sons who won distinction, though in a lesser degree than their father. They were twins, Henry Leavitt Ellsworth, the first commissioner of patents, and William Wolcott Ellsworth, Governor of Connecticut and member of Congress. President Adams now turned to Washington’s first choice and asked former Chief Justice Jay to take back his old job. In the light of the subsequent thirty-four years under the next Chief Justice, Jay’s reason for refusing is little short of amusing. He declined, he said, because the Su- preme Court lacked “the energy, weight and dignity which are essential to its affording due support to the national government.” Then, unexpectedly, the President offered the post to his Secretary of State, John Marshall of Virginia. The new Chief Justice was forty-six years of age and no stranger to public office. He had served as an officer in the Revolution, being with the Continental troops at V alley F orge, and somehow obtained enough leave to study law under Chancellor Wythe at William and Mary College. It was said that he was one of the best run- ners and jumpers in the V irginia forces and could, with a running jump, clear a pole laid on the heads of two men as tall as himself. On one occa- sion, while making an exhibition of his athletic skill, he ran a race in his stocking feet. His stockings were blue with white heels. This circum- stance, combined with his victory and personal popularity, led his fellow soldiers to nickname him Silver Heels and the sobriquet stuck to him throughout life.