From Levi Lincoln
Washington April 8th 1801
I omitted to mention that there was a mistake in making out the commission for Ray Greene of Providence. the design was, to appoint him to the office of a district Judge, the commission to him is, as judge of the circuit court—he has sent it back, & wishes to have it rectified. It is probable that Bourn was the judge of the district court. when the appointment was made—of course there was no vacancy—this letter of acceptance is dated the 23d of March—
I am Sir most respectfully yours.
RC (DLC); at head of text: “The President of the United States”; endorsed by TJ as received 16 Apr. and so recorded in SJL.
Ray Greene resigned his seat in the Senate on 5 Mch. on the presumption that he had received a commission from John Adams as district judge of Rhode Island. Because of a technicality, he was not appointed and Christopher Ellery was elected to serve the remainder of his Senate term. Benjamin Bourne was appointed district and then circuit judge of the U.S. Court (Biog. Dir. Cong.; JEP, description begins Journal of the Executive Proceedings of the Senate of the United States… to the Termination of the Nineteenth Congress, Washington, D.C., 1828, 3 vols. description ends 1:395, 401; JS description begins Journal of the Senate of the United States, Washington, D.C., 1820–21, 5 vols. description ends , 3:155; List of John Adams’s Judicial Appointments, printed at 18 Feb.; Appendix I, List 4).