164 
Indiana University Studies 
governor of New York. He was not a member of the Federal 
Convention, but contributed five papers to the Federalist, tak- 
ing the position that the geographical divisions of the United 
States were like counties, which showed that he was an ultra- 
federalist. He was not profoundly learned in the law, but 
he was a statesman, and a man whose character was above 
reproach. Of him it was said that “when the judicial ermine 
touched his shoulders it touched nothing not as white as it- 
self”. One of his principal decisions was Chisholm v .Georgia. 50 
It was fitting that a man of his character should be first chief 
justice of the Republic. 
Ellsworth (1745-1 80 7). 51 Oliver Ellsworth was the third 
chief justice appointed by Washington, and held office from 
1796 to 1800. He was in many respects the opposite of Jay. 
He was an extreme localist and states-rights man, and was 
opposed to a federal government; but supported it after it 
was adopted. He was slow and ponderous, but dignified, con- 
scientious, and courageous. He was sent as one of three 
envoys to France in 1800, but resigned because he was not 
fitted for diplomacy. His decisions are of no importance. He 
was born in Windsor, Conn. ; graduated from Princeton ; read 
law and was admitted to practice ; was a delegate to the Con- 
tinental Congress; was a judge of the Superior Court of Con- 
necticut; and was a member of the Federal Convention. He 
fought for the recognition of the states and our dual form of 
sovereignty; urged the compromise between the small and 
large states; but was absent the last day of the convention 
so that he did not sign the Constitution. He was the author 
of the First Judiciary Act (1789), which many think required 
the judges unconstitutionally to sit on circuit. 
Marshall (1755-1835). 52 The fourth chief justice was John 
Marshall, who was appointed by John Adams on January 
31, 1801, and presided as chief justice until 1835. This was 
the longest, the most honorable, and the most successful judi- 
cial career that any man in the United States has ever had. 
Marshall was born in Germantown, Fauquier County, Va. 
His paternal grandfather was a Welshman. His father was 
associated with Washington under Lord Fairfax. As a boy 
50 2 Dallas 419. 
51 13 Green Bag 503. 
52 13 Green Bag 53, 157, 213 ; 33 Am. Rev. 1 ; 34 Am. L. Rev. 550 ; 23 Case and 
Com. 809 ; Beveridge, Life of John Marshall. 
