Rutledge, John

Born September 18, 1739, in Charleston, SC
Died June 21, 1800, in Charleston, SC

Federal Judicial Service:
Associate Justice, Supreme Court of the United States
Nominated by George Washington on September 24, 1789, to a new seat authorized by 1 Stat. 73. Confirmed by the Senate on September 26, 1789, and received commission on September 26, 1789. Service terminated on March 5, 1791, due to resignation.

Chief Justice, Supreme Court of the United States
Received a recess appointment from George Washington on July 1, 1795, to a seat vacated by John Jay; nominated to the same position by George Washington on December 10, 1795. Service terminated on December 28, 1795, after nomination was not confirmed by the Senate.

Supreme Court Oath:
February 5, 1790 (Associate Justice) and August 12, 1795 (Chief Justice)

Allotment as Circuit Justice:

Southern Circuit, Spring 1790-Fall 1790, Fall 1795

Education:
Middle Temple, London, England
Read law, 1760

Professional Career:

Private practice, Charleston, South Carolina
Member, South Carolina Commons House of Assembly, 1761-1776
Attorney general pro tem, State of South Carolina, 1764-1765
Delegate, Stamp Act Congress, 1765
Delegate, Continental Congress, 1774-1776, 1782-1783
Member, South Carolina Council of Safety, 1776
President, South Carolina House of Representatives, 1776-1778
Governor, South Carolina, 1779-1782
State representative, South Carolina, 1782, 1784-1790
Judge, Chancery Court of South Carolina, 1784-1790
Delegate, Federal Constitutional Convention, 1787
Member, South Carolina convention to ratify U.S. Constitution, 1788
Chief justice, South Carolina Court of Common Pleas, 1791-1795

Other Nominations/Recess Appointments:

Nominated to be Chief Justice of the Supreme Court of the United States, December 10, 1795; rejected by Senate, December 15, 1795; resigned, December 28, 1795

Bibliography

Gerber, Scott Douglas. Seriatim: The Supreme Court before John Marshall. New York: NYU Press, 1998.

Haw, James. John and Edward Rutledge of South Carolina. Athens: University of Georgia Press, 1997.

Holt, Wythe. “How a Founder became Forgotten: Chief Justice John Rutledge, Slavery and the Jay Treaty.” Journal of Southern Legal History, vol. 7 (1999): 5-36.

Jones, Francis R. “John Rutledge” Green Bag, vol. 13, no. 7 (July 1901): 325-30.

McCowan, George S., Jr. “Chief Justice John Rutledge and the Jay Treaty.” South Carolina Historical Magazine, vol. 62, no. 1 (Jan. 1961): 10-23.

Wexler, Natalie. “In the Beginning: The First Three Chief Justices.” University of Pennsylvania Law Review, vol. 154, no. 6 (Jun 2006): 1373-419.

“John Rutledge.” Chicago Law Times, vol. 1, no. 4 (Oct. 1887): 305-11.

“John Rutledge.” Current Comment and Legal Miscellany, vol. 1, no. 12 (Dec. 15 1889): 443-46.

“John Rutledge.” National Law Review, vol. 1, no. 2 (Feb. 1888): 49-50.

Manuscript Collections

Charleston Library Society
Charleston, S.C.
John Rutledge letters, 1780-1782.
24 items; correspondence with state delegates at the Continental Congress, Philadelphia, Pa.

Duke University
Durham, N.C.
John Rutledge papers, 1760-1862.
117 items and 2 vols.; finding aid; political and family correspondence.

Library of Congress
Washington, D.C.
John Rutledge Papers, 1761-1786.
2 items, 1 microfilm reel; Correspondence (1778) and account book (1761-1786)

South Carolina Historical Society
Charleston, S.C.
John Rutledge account book, 1761-1779.
1 vol.; account book that lists the debits and credits of clients and accounts, including rents, counsel fees, writs, bonds, debts, and other fees.

Federal Judicial Center

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Rutledge, John