United States at times filled also a political office, and so
were invested at the same time with political and judicial
functions. John Jay, the first Chief Justice, while holding that
office, was made our Envoy Extraordinary to Great Britain, and
spent a year abroad in that capacity. His acceptance of the
position, however, occasioned general and unfavorable comment.
John Marshall was both Chief Justice and Secretary of State for
five weeks, during which he held one term of the Supreme Court.
Oliver Ellsworth was both Chief Justice and minister to France at
the same time, and for a period of over a year, during which he
held one term of court.

Nothing of this kind has since occurred, nor would it now be
thought consistent with the proprieties of judicial office.

When the result of the election of the President and
Vice-President of the United States was contested in 1877,
Congress, as a temporary makeshift, bridged over the difficulty
by creating a commission of fifteen, five from each house and
five from the Supreme Court, to decide upon the returns. Four of
the justices were especially selected by the act passed for this
purpose, two of them being Republicans and two Democrats, and
they were directed to choose the fifth.[Footnote: 19 United
States Statutes at Large, 228.] They agreed on Justice Bradley,
a Republican. The Congressional members were equally divided
politically. The result proved to be that on every important
question in controversy every Republican voted for the view
favorable to the Republican candidates and every Democrat voted
for the other. The country could not fail to see that judges, as
well as other public men, may be insensibly influenced by their