The first Congress to meet after the tion of the Constitution, which was summoned to meet in New York, as the seat of government, on 4 March 1789, did not convene until the beginning of April, and after the counting of votes it declared Washington President-elect. inauguration nauguration f °Homed on 30 April, but there was no Federal judge to administer the oath required by the Constitution, and this serv ice was performed by Robert R. Livingston, the first chancellor of the State of New York, under the constitution of that State of 1777. Having had its attention called in this striking manner to the fact that the new Federal gov ernment was without a single judge, Congress, the day after its organization, begin the pre liminary work for the establishment of a judi ciary by appointing a committee, of which Oliver Ellsworth, one of . the framers of the Constitution, and afterward Chief Justice of the Supreme Court, was chairman. The judicial act which set in operation the Supreme Court of the United States, and the other courts of the United States, was the work of Ellsworth. It was approved by Washington, 24 Sept. 1789.
The first section of this act provides that the Supreme •Court of the United States shall consist of a Chief Justice and five associate justices (now increased to eight), any four of whom shall constitute a quorum, and shall hold annually, at the seat of government, two ses sions, the one commencing the first Monday of February and the other the first Monday of August. The Senate promptly confirmed Wash ington's appointment of John Jay, of New York, to be the Chief Justice of the Supreme Court. Washington appointed and the Senate confirmed, as associateJustices, John Rutledge, of South Carolina; William Cushing, of Mas sachusetts; Robert H. Harrison, of Maryland; James Wilson, of Pennsylvania, and John Blair, of Virginia. Of these, Jay, Cushing and Harri son had served as chief justices in their own States; Rutledge, Wilson and Blair as members of the convention that framed the Constitution. Harrison declined to serve and his place was afterward filled by the appointment of James Iredell, of North Carolina.
The first Monday of February,—it was the first day of the month-1790, being the day fixed for the opening session of the Supreme Court of the United States, in the city of New York, which was then the capital of the Fed eral government, Chief Justice Jay and Jus tices Cushing and Wilson appeared in the court room, which had been provided at the Ex change, Federal Hall being occupied by Con gress. A quorum was not present and the court
adjourned to the following day, when, Justice Blair having arrived with Edmund Randolph, the first Attorney-General, the Supreme Court of the United States was open for its first ses sion. Chief Justice Jay wore on that occasion a robe of black silk with salmon-colored fac ings on the front and sleeves. This robe was, according to family tradition, the academic gown of a Doctor of Laws of the University of Dublin, which had recently conferred this de gree upon the new chief justice. The associate Justices wore the ordinary black robes which have since been used by all the members of the court. Richard Wenman was appointed eerier,* and made proclamation that the Supreme Court was open. John Tucker, of Massachusetts, was appointed first clerk of the court. After a seal had been adopted, the roll of attorneys and counsellors was opened. The first name on the roll of counsellors was that of Elias Boudinot, of New Jersey, a Revolutionary patriot, who was conspicuous in the Continental Congress and later in the first. Congress of the United States.
After holding a few formal sessions the court adjourned for lack of business, 10 Feb ruary. In 1791 the Supreme Court was removed to Philadelphia, then the seat of the Federal government, where it continued to sit during term time for 10 years, the court room being on the second floor of the City Hall, at the corner of Fifth and Chestnut streets. In 1801 the court was removed to 'Washington, where it has remained ever since. On the day of the first meeting of the Supreme Court of the United States in the city of Washington, 4 Feb. 1801, John Marshall sat as Chief Justice for the first time.
Chief Justices.— Since 1790 the Supreme Court of the United States has had only nine chief justices, namely: John Jay, of New York; John Rutledge, of South Carolina; Oli ver Ellsworth, of Connecticut; John Marshall, of Virginia; Roger B. Taney, of Maryland; Salmon P. Chase of Ohio; Morrison R. Waite, of Ohio; Melville W. Fuller, of Illinois, and Edward D. White of Louisiana, who is the present Chief Justice.
The Supreme Court (q.v.) at present con sists of Chief Justice Edward D. White, of Louisiana, and Associate Justices Joseph Mc Kenna, Oliver Wendell Holmes, William R. Day, Willis Van Devanter, Mahlon Pitney, James Clark McReynolds, Louis D. Brandeis and John H. Clarke.