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Page 22 text:
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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.
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