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The second man to sit on the bench as Chief Justice was Oliver Ellsworth of Connecticut, appointed by Washington in 1796, when Rutledge failed of confirmation. John Adams called Ellsworth "the firmest pillar of Washington's whole Administration." He held the office of Chief Justice only four years, retiring in 1800 on account of ill health and he died in 1807. His chief claim to distinction is his work as a member of the Constitutional Convention.

Ellsworth's successor as Chief Justice was the famous John Marshall, of whom it was said that he took the bones of the Constitution, clothed them with flesh and life and imbued them with life. The decisions of Chief Justice Marshall solidified the loose union of the States into a nation. Judge Story said of Marshall's expositions of the Constitution: "If all others of the Chief Justice's arguments had perished his luminous judgments on these occasions would have given an enviable immortality to his name.”

Marshall was a Virginian and was born in 1755. He fought as a soldier in the Revolutionary War, rising to the rank of Captain and taking part in the battles of Brandywine, Germantown and Monmouth. Later he advocated, with tremendous vigor and great eloquence, the adoption of the Constitution by Virginia, and it is said that he contributed more to that cause than any other man save Madison. Marshall later became a member of the Virginia Legislature, envoy to France, member of Congress, Secretary of War and Secretary of State. He sat as Chief Justice from 1801 until his death in 1835. He is called by historians the greatest of our Chief Justices.

From 1836 to 1864 the Chief Justice was Roger B. Taney of Maryland. Justice Taney was undoubtedly a man learned in the law, yet his fame in other respects has been overshadowed by the chief event of his long incumbency, the Dred Scott case decision. This was rendered in 1857. It declared that slave owners might take their slaves into any State in the Union without forfeiting their rights.

After Taney came Salmon P. Chase, who had been Lincoln's Secretary of the Treasury. Chase was born in Cornish, N. H., in 1808, but his active life was passed in Ohio. Of all the Chief Justices he was the most active in politics. He was elected Governor of Ohio in 1855 and 1857, and at the Republican Convention in Chicago in 1860, which nominated Lincoln, Chase received forty-nine votes on the first ballot. Lincoln made him Secretary of the Treasury and his financial services in the troublous days of the civil war have been highly eulogized. Horace Greeley said that he held the “second place in importance” in the North in those days.

Chase's successor was Morrison R. Waite, also of Ohio [born in Connecticut]. He was prominent at the Ohio bar and in 1871 was chosen, with Caleb Cushing and William M. Evarts, to represent the United States before the tribunal at Geneva which considered the Alabama claims. Chief Justice Waite assumed office in 1874 and died in 1888.

THE DISCOVERY OF THE PHILIPPINES IN 1521 275

His successor was the late Melville W. Fuller of Illinois, who was born in Maine in 1833 and died in office in 1910. Mr. Fuller was one of the leaders of the bar in Chicago when he was appointed Chief Justice by President Cleveland. He was a Democrat and had held no office save that of delegate to the Democratic national conventions of 1864, 1872, 1876 and 1880.

Edward Douglass White, appointed Chief Justice in 1910 by President Taft, has had in some respects the most interesting career of any Chief Justice. A Democrat and a Confederate veteran, he was appointed to the Supreme Court bench in 1894 by President Cleveland and was elevated to the Chief Justiceship in 1910 by President Taft. He was born in Louisiana in 1845, the son of a Governor of the State. After serving in the Southern army he was admitted to the Louisiana bar in 1868. In 1874 he became a member of the State Senate, in 1878 an Associate Justice of the State Supreme Court, and in 1891 a United States Senator. Three years later President Cleveland took him from the Senate and made him Associate Justice of the United States Supreme Court.

The Discovery of the Philippines in 1521

Four hundred years ago, in April of 1521, Magellan discovered the Philippine Islands, took possession of them for Spain, and so made the beginning of their connection with European history and, through that, their comparatively recent part in the history of the United States. This incident which in itself would interest few people, becomes both interesting and significant to Americans by reason of the fact that it is a part of our history and concerns a possession for which the United States has done much. Since the story of Magellan's discovery of the Philippines is not included in the general run of histories, extracts from several books which do give it are presented here.

From Frederick Chamberlin's "The Philippine Problem."

The Philippines were discovered by the people of the United States upon May Day, 1898, when Commodore Dewey met the Spanish fleet in Manila Bay. Before that, probably not one American in a hundred even recollected the Archipelago's existence.

And yet the Philippines, with an area of 115,029 square miles, occupy more land surface than all New England and New York combined. They number 3141 islands, of which only 1668 have been named.

The group lies in an almost perfect triangle, with its most acute angle reaching up to a north latitude of 21°, which is that of Honolulu, of Vera Cruz, and the center of the Sahara. This apex is a round thousand miles southwest of Japan, and five hundred southeast of Hongkong. The western side of this triangle, eleven hundred miles long, rests upon Borneo. Its eastern side, of about the same dimension, runs to the Celebes Islands, between which and Borneo we may construct the base, with a line through the Celebes and Sulu Seas, a length of about seven hundred miles, 6° above the equator, which is the latitude of the northern boundary of Brazil, the southern boundary of Egypt, and of Colombo in Ceylon. The group is structurally connected with Borneo and the Celebes by three isthmuses, which are partly submerged.

From C. H. Forbes-Lindsay's "America's Insular Possessions."

At the beginning of the sixteenth century the two great maritime powers, Spain and Portugal, were at the height of their rivalry and in the midst of their extensive discoveries. In the hope of settling the frequent disputes as to their respective trading rights Pope Alexander the Sixth had issued a papal bull, in 1494, dividing the world into two hemispheres, practically the same as those recognized to-day, and giving to the Spaniards all heathen lands in the western half and to the Portuguese all those in the eastern.

The path of Portuguese exploration had been eastward, and they had reached Asia by way of the Cape of Good Hope and the Indian Ocean. Following the discovery of America the eyes of all the world's geographers and navigators were turned toward the west. When Balboa sighted the Pacific, a fresh incentive was given to adventure, and ardent spirits of both nations became eager to follow the course of the setting sun until they should reach the vast ocean which lay beyond the American continent. Chance favored the Spaniards, and strangely enough they owed their success in this instance to a Portuguese as they had formerly owed it to a native of Genoa...

Hernando de Maghallanes was a Portuguese noble, a practical mathematician and navigator, and a man of extraordinary parts. As a soldier and a sailor he had distinguished himself in a wide field. He served under the famous Albuquerque in his expedition to Asia, and took part in the siege of Malacca. Later he accompanied the expedition to the Moluccas, which discovered Ternate and other islands. On this occasion he gained information which confirmed his belief that a passage existed between the two great oceans of the globe, and he returned to Europe possessed with a determination to seek it. Whilst

THE DISCOVERY OF THE PHILIPPINES IN 1521 277 pursuing investigations tending toward the execution of his project, Magellan, to give him the familiar form of his name, was ordered to the wars in Africa, where he received a wound which rendered him lame for life. Upon his return he fell a victim to one of the court intrigues so common at the time. Jealous of his achievements and favor with the King, certain nobles made false accusations against him, which gained the credence of King Emmanuel. Disgusted at the perfidy of his companions in arms and the ingratitude of his royal master, Magellan renounced his nationality and offered his services to the Spanish monarch. He was graciously received by King Charles the First and immediately became a naturalized Spaniard. Magellan was eager to essay the discovery of a western passage to the Orient, and the King of Spain readily granted the necessary permission, notwithstanding numerous attempts in the same direction had failed. An agreement was signed, by the terms of which the King undertook to defray the expense of fitting out five ships with their complement of men-at-arms and sailors. Magellan on his part agreed to devote his energies to the discovery of spice islands within the limits of the papal grant.

On the 10th of August, 1519, the fleet sailed out of the harbor of San Lucar de Barrameda. On the 13th of December they reached Rio Janeiro and continued their voyage along the coast in search of the passage to the Pacific. Soon the hardships incident to such an undertaking began to breed discontent among the men and dissensions arose between the captains. Two of the latter broke into open mutiny. They were put to death by the orders of the commander, and discipline was restored. On the 26th of November, 1520, the expedition had rounded Cape Horn and found itself in the Pacific Ocean. The fleet, now reduced to three sails, shipwreck and desertion accounting for the others, cheerfully headed across the broad expanse of ocean and, on the 16th of March, 1521, arrived at the island of Limasagua, just off the south end of Leyte. Magellan continued to Cebu, where he made a treaty with the Chief, and ratified it by the ancient Blood Compact of the Malays. A few days afterwards Magellan accompanied a war expedition of his new ally to the Island of Mactan and in the affray that followed he was wounded, probably by a poisoned arrow, and died on the 27th of April, 1521. Thus ended, in a petty skirmish with savages, one of the most brilliant lives of the age.

From Hubert Howe Bancroft's "The New Pacific."

Then came the navigators next to the Philippine islands, which they called the islands of St. Lazarus, because on the day sacred to that saint they first sighted them; but in 1542 the archipelago was called by its present name in honor of Phillip II of Spain.

Here the natives brought them cocoanuts and bananas, which latter Pigafetta calls "figs a foot long"; likewise oranges and other fruits; also fish and fowls. In return they were given bells, little mirrors, and other like trinkets. Then came the king with gold and rice, and

was given a red and yellow Turkish robe, and a red cap. Other royal courtesies were exchanged, with feasting and demonstrations of friendship. The gum of a tree wrapped in palm-leaves was used as a candle. Magellan soon brought forward the matter of religion, and assured the king that it would be greatly to his advantage to espouse the Christian faith, particularly if he was engaged in war. No objections being interposed, the cross was planted there.

Cruising among the islands in search of advantageous places to exchange European goods for gold and spices, Magellan came to Cebu, where all around showed signs of opulence. The king of Cebu likewise accepted christianity; and Magellan, desirous of making subject to Christ and the king of Spain the entire archipelago, set out with sixty Spaniards and 1,000 native allies to subdue the island of Mactan, where he found twice that number to oppose him.

But were the enemy twice or thrice as many, to defeat them with six armed and armored Spaniards were but pastime. So thought the admiral, who dearly loved fight. Arrived at the island, a demand to surrender was made on the rajah of Mactan, who haughtily refused.

"Rest you here in the boats," said the king of Cebu to Magellan, "while I with my warriors conquer him." "Nay" replied the Portuguese, "Rather do you remain here while I show you how Christians fight."

Night came and went. At break of day the invaders landed, and met with brave resistance. Showers of stones came down upon them, and a galling fire of spears soon made it apparent that here was no mimic war. The native houses built close together among the trees afforded protection to the islanders, while impeding the efforts of the Europeans. Fire was set to the town. The infuriated islanders rushed with renewed rage upon the invaders, who gave way and fled for their boats, leaving Magellan, wounded, with only six men to support him. Slowly retreating toward the boats while fighting for their lives, the Spaniards were finally overcome, and Magellan fell, thrust through with a dozen bamboo spears. Thus died the great man, a victim to his religion and his vanity.

For the rest, the natives seeing that the Spaniards were vulnerable, fought them at every turn, until their number was greatly reduced. The Concepcion, having become unfit for service was burned. The Trinidad, springing a leak, was dismantled and repaired, when she set sail for Panamá, but was obliged to return, three-fourths of the crew having perished through scurvy and starvation, the survivors with the vessel falling into the hands of the Portuguese. The Vitoria, taking on board a valuable cargo of spices at the Moluccas, sailed via the cape of Good Hope in command of Sebastian del Cano, for Spain, where she arrived September 6, 1522, with only eighteen survivors of the 265 who had sailed with Magellan. Thus was completed the first circumnavigation of the globe.

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