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What did John Rutledge do?

Updated: 8/19/2023
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John Rutledge was a member of the Continental Congress and one of the framers of the US Constitution. He was first appointed to the US Supreme Court as an Associate Justice in September 1789. Rutledge was a friend of President Washington, and was reportedly disappointed that John Jay was nominated Chief Justice ahead of him. According to historical accounts, Rutledge never actually served on the Court or attended their required meetings, and officially resigned his position on the US Supreme Court in March 1791, after just 18 months.

John Rutledge worked as a Judge in the South Carolina Court of Common Pleas until receiving word in early 1795 that John Jay had been elected Governor of New York. Hoping for an opportunity to lead the Court, Rutledge wrote to President Washington requesting Jay's vacated seat. After several letters passed between them, Washington offered Rutledge a temporary commission (also called a recess appointment) effective July 1, with the expectation that Congress would approve Rutledge's appointment when they returned from summer recess in August 1795.

Rutledge planned to travel from Charleston to Philadelphia at the beginning of August to convene the second 1795 session of the Court. He sailed from Charleston to Baltimore on July 29, then traveled by land to Philadelphia, arriving August 10. His commission was sealed on August 12, which would commence his official tenure of office as Chief Justice.

The new Chief Justice heard one case, wrote his opinion for the Court, and returned to Charleston a few days later.

In November 1795, he attempted to fulfill his responsibilities as Circuit Judge, but various problems, including illness, prevented him from holding any sessions that fall.

Meanwhile, Congress had postponed voting on Rutledge's appointment until December 15, 1795. Some of Rutledge's behavior that year caused concern among members of Congress, and his appointment was defeated in Congress by a vote of 14-10.

On December 28, Rutledge wrote a letter to Washington resigning his commission, claiming his health would not allow him to continue (it's not clear whether he'd heard about his rejection at the time he wrote the letter). Rutledge was paid for his service through December 28, and retired to a life of seclusion.

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John Rutledge of South Carolina was a signer to the "Declaration of Independence," and the "Constitution of the United States." He was first President of that state and then was elected Governor of South Carolina; as Associate Judge of the Supreme Court; the 2nd Chief Justice of the Supreme Court.

-1765, during the Pre-Revolutionary period, he was appointed a delegate to the "Stamp Act" Congress. He chaired the committee that sent a petition to the British "House of Lords" to repeal the tax for Englishman should have a right not to have taxes posed on them without their consent or by representation. This motion failed.

-1776, he was elected President of South Carolina as prescribed in the South Carolina's Constitution passed in March of that year. At the same time, he was serving on the "Second Continental Congress," continuing his representation being involved in the "First Continental Congress." He would serve in Congress until 1783.

-1776, when he heard that the British were sending a naval fleet to Charleston, he ordered a fort be built (Fort Sullivan, now it's Fort Moultrie). General Lee of the Continental Army had suggested that the Fort be abandoned since it was only half completed. His response was in a note to Colonel Moultrie "General Lee [...] wishes you to evacuate the fort. You will not, without [an] order from me. I would sooner cut off my hand than write one." In the first battle, the British bombs had no effect on the fort as it was made of Palmetto palm trees, now part of the State flag.

-1778, A new constitution written by the state legislature was vetoed by Rutledge. When the legislature overrode his veto, he resigned as President of South Carolina.

-1779, the state constitution was revised, Rutledge was elected to run the government of South Carolina.

-1779, Rutledge requested terms of surrender from British General Prevost. Presented this proposal to South Carolina's council of war. The council rejected it as William Moultrie, now a general, had told the S.C. Congress that there are enough men to battle the British. The Council, however, proposed neutrality and whether the British would accept it. It didn't matter, for South Carolina is the coming months, would fall to the British, then the Continental Army win it back.

-1784, Rutledge was appointed Judge to the South Carolina Court of Chauncey.

-1787, continued his Judgeship of Chauncey as he also became a delegate to the Constitutional Convention representing South Carolina. There, he chaired "Committee of Detail." In total, he served on 5 committees.

Rutledge contribution to the Constitution was:

. responsible for denying the Supreme Court the right to provide advisory opinions, following the lead of America's first Chief Justice John Jay.

.he gave the Senate sole authority to introduce appropriation bills but stated that the House of Representatives must consent to it.

.he opposed an amendment that would abolish slavery for he believed the South would never agree to ratify the constitution.

-1789, nominated by George Washington to be an associate justice and was approved by the Senate.

-1791, he resigned his federal post as an associate justice to the Supreme Court as he was elected Chief Justice of the South Carolina Court of Common Pleas and Sessions.

-1795, Supreme Court Justice John Jay steps down as he wins the Governorship of New York. John Rutledge is appointed by President Washington to serve in Jay's place until the confirmation hearings. Rutledge becomes Americas second Chief Justice. In December if that year, he was rejected for the post by both the House and Senate based on controversial decisions and his conduct.

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