Circuit Court Diary, 28 September–15 December 1790
Circuit Court Diary
[28 September–15 December 1790]
28 Sep. 1790 Set out for Albany— lodged with F. VCortland—1
29—dined at Tarry Town—Widow Covenhoven—tolerable good House2
Lodged at Merits—his wife is Daughter to Job Hadden— she says he devised part of his real Estate to his Son Bartholemew—3
30 Dined at Birdsells4 Peeks Kill—tolerable— Lodged at VWycks5 Fish Kill—
1 Octr. Dined at Poghkeepsie—Hendricsons—good—6 Lodged at Rhinebeck—Trempers—bad—7
2 Do. took breakfast with Herman Hoffman8 at Red Hook—told him he might send a Mare to Hermoso—9
dined at Pulvers10 in Manor of L.. Peter R. keeps Close—11 one of his Sons married to a neighbours Daughter—12
Lodged VValkenburghs13 near Kinderhook—tolerable—
3 took breakfast with P. VSchaack—14 dined at Moors15 8 miles from Albany
put up at Hiltons Tavern16 at Albany— they seem poor—& are extravagant in Charges—
4 Opened Court17 with Judge Cushing & Duane Dep[ut]y Marshall did not attend—18 The Jurors from Columbia attended— No Tidings of those from Albany— Marshall called adjourned
5—opened Court— no Jurors from Albany a Bill in the chancery filed— ordered c[ler]k. to give on application a six weeks Rule to ansr.—and the like for Repls.
The marshalls ordered to Maj. Morris his Dep[uty]y. probably miscarried—no intelligence of or from him—called—no Jurors— adjourned to meet according to Law—19
Dined with Gen. Schuyler—
6 set out & reached Moores this Evg.
7 arrived at Kinderhook— Servts. and Horses at Shethers Tavern—tolerable—20 I staid on Invt. at P[eter]. VSchaacks—
8 Weather unpleasant—
9 dined at P[eter]. Sylvesters
10. dined with Davd. VSchaack—
11 set out. called on Cornl. VSchaack at Cline Kill.21
dined at Col. Pratts22 Spencer Town viewed his Cyder Press worked by 4 Screws—his own Invention—pretty good House—
lodged at Sheffield at Youngloves— he was formerly an Insurgent—23 House not extraordinary
12 Took breakfast at Canaan at Bushs—House but middling— here I expected to meet Judge Cushing who on Sunday morng went to Stockbridge on a Visit to Mr Sedgwick—24 He had not arrived—
went on to Norfolk— dined at the widow Wilcox’s—25 a bad house— I am told I had passed a better abt. a Mile—kept by Phelps—26
Lodged at Eno’s27 in the Green Woods tolerably clean—
13 Dine’d at Phelps28 in Gr[een]. Woods— here Judge Cushing overtook me—went on together to New Har[t]ford. he put up at Gilberts29 I at Sheppherds—30 the Former is the best House—
14 Rain—
15 Set out— dined at Simsbury at Phelps—pretty good House—31 Gen. Willeys had just left it, having been taking affidavits touching the Cause of Divorce depending between his Sister Mrs. Strong & her Husband—32
parted with Judge Cushing who went to Suffield—
arrived at Hartford & put up at Avery’s—33 cap: Hunt having lately died—34 16 I am told Judge Cushing is arrived here I suppose on his way to middle town.
Recd. Letter of 7th. from Mrs. Jay35
17 Heard Mr. Strong preach twice—36 dined with Col. Wadsworth—37 with whom was Mr Trumbull the painter— Visit from Mr. Imlay—38 visited Mrs. Hunt—39
18—I hear Gen. Knox arrived this Eveng with Mrs. Knox—40
19 Took Tea with Mr. Imlay— I saw his wife41 in 1769—much altered—
Wrote 4th. Letter to Mrs. Jay—
20 visit from auditor woolcot—42 he says connecticut averages 45 Persons on every square mile in the State—
Tis sd. the woolen manufacture here is pressed by want of Capital, & ^of^ a ready Sale for their Goods— It seems they buy much country made Cloth, undyed & unfulled—& very cheap.43
22 opend. Court—44 Atty Gen. asked whether he might file Information & have process in Vacation—
Judgmt. by Deft. in action by British merchts. ag[ains]t. Drawer of a Bill on Spain & protested
N.B. Drawer & payee were of Connecticut but being at N York drew & dated the Bill there—Payee indorsd. it to pl[aintif]fs—qu[ery]. whether N York or Connecticut Dam[age]s. the former sd. to be 20. the latter 10 pr. Cent.—45
23 Visited the Woolen Manufy— it seems on but a small Scale—the Cloths are better finished than heretofore—
24 Octr. 1790 Dined with Col. Wadsworth— Eds. published Extracts from his Letter expressd. to be confidential. &c. &c.
Wrote 5 Letter to Mrs. Jay
26 one Savage having been indicted for false swearing in the Custom House & pleaded guilty was fined 70 Ds. says he was surprised—seems penitent—is poor & abt. 21 Yrs. old—46
adj[ourne]d.
This Evg Wadsworth & Edwds. came to an Expn. at my chamber— I declared my opinion that the publication of the formers Letter by the Latter without his Consent was wrong—(he in it desiring it might be kept secret) but that considering the Reasons assigned for it, that Quesn. shd be buried— Wadsworth agd.— We proceeded to a mistake relative to Elsworth—Mr. Edwds. acknowledged it & consented to Mr W. publishing his Letter to wh. the one in Question from W. was an answer—whenever W. shd. think it necessary— The Conduct of Mr. E. on this occasion app[eare]d fair & candid, & that of W. liberal and proper47
27 Set out for Boston— dined at Hitchcocks at Suffield—good—
Lodged at Parsons Springfield—
Wrote 6th. Letter to Mrs. Jay—
28 Lodged at Brookfield—Hitchcocks—tolerable—
29 Dined at Liecester—Swans—but dirty—48
3[0] Lodged at Patchs—Worcester
30 went to Barnabas Maynard—Berlin—engaged him to raise a Bull calf for me—to be delivered next Spring a Year to Judge Lowells Care—49 dined at Maj. S 2 or 3 Miles below W[illia]ms.
Lodged at young Flagg
31. Overtook Mr Cushing at Capt. Flaggs— went twice to weston meeting House—50
1 Novr. 1790 arrived at Boston—at my former Lodgings—Mrs. Ingersolls
Recd. Letter from Mrs. Jay of 23 Octr.51
Wrote to Mrs. Jay 7 Letter to go by Capt. Sarly who will set out the 3d.—
3 op[ene]d. Court52
4 Recd. Lettr. from Presid. willard informg that University of Cambridge had conferred upon me the Degree of LLD53
5 Adj[ourne]d. fined Capt. Saunders 500 Dollars ^Dr.^ false manifest &ca.54
6 Govr. Bowdoin died—55
8 ansd. presidt. willards Letter.—
1790—Novr. 6 wrote 8 Lettr. to Mrs. Jay. recd. hers of 29 Octr—
10 Wrote 9th. Letter to Mrs. Jay—56 recd one from Peter of 3d. Inst. answd. it immediately— ansd. Letter from Presdt Willard [illegible]
13 Recd. Letter from Mrs. Jay of 3d. Inst.57—& one of the 4th. from P.J. munro—58 ansd Presdt of U.S. wrote to my Son Peter wrote to Pres[iden]t. of U.S59
14 wrote to Mrs. Jay ^10th. Letter^ & P. J. Munro—60 dined with Mr Gore.
The Father of S. A. was ^a^ malster— I Yesterday saw the dwelling small House old & out of Repair— He had a college Educatn.—learned no Trade or Profession—practiced none—Loved Leisure & induldged that Propensity—employed himself in party Matters—became eminent at Town meetings—grew poor, and accepted occasional Benevolences from one or another whom he served or who liked him—was chosen Town Collector—did not account for the Money—part was pd. by friendly Contributions—the Rest forgiven—
at the late Election of Representatives for this County in Congress—he supported some who opposed Mr. Ames—61 & notwithstanding his Station, condescended to personal applications, & sometimes met with personal & not delicate Repution—
He sd. to one who formerly was led by him remember your Liberty & attend the Election— I intend it said the other but it will be to vote for Mr. Ames—
To another he said that the way to preserve Freedom was not to keep the same men long in place— assert your Rights & go to the Election— I like Rotation sd. the other & will remember it next April— at present I shall vote for Mr Ames—
14 novr. wrote to E. Rutledge—& Doctr. Ramsay—62
passed the Eveng with Revd. Mr Thatcher63 after havg dined with Mr. Gore, gone to heard Mr Clark64—& taken Tea with Mr Barrel65 who gave me a medal struck on sending their 1st vessel to China
Nov 15 fine Day. waited for Mr Cushing
16 This Evening went to Lynn. Judge cushing not arrived— Put up at waits— a good House66
17 Rained
18 Set out— dined near Salem at Symonds—tolerable—67
Lodged at Adams at Ipswich Hamlet where I found Mesrs. Gore & Trumbull confined by the weather
19 went on to Hampton Falls— put up at Wells—good House—68
20 this morning Judge Cushing overtook me—
went on together to Exeter—
opened Court69
22. opened Court—swore G. & P. Jury—
23 wrote to Mrs. Jay 11 Lettr.
24 Adj[ourne]d.—visited Presidt. Bartlett at Kingston— passd. the night with Ch. Justice Sargeant at Haverhill—70 the Revd. Mr. who marrd. a Sister of Mr. Adams passd. the Eveng there
25 went to Beverley & passd. the Evg Mr. G. Cabot.71
26 Returned to Boston— Recd Letters from Mrs. Jay of 10 & 14 Inst—72 and one from Secy Hamilton of 13 Inst—73
27 wrote to Mrs. Jay—no 12
28 passed the Evg with Mr. Thatcher in Compy with Deacon Mason, Judge Sullivan, Mr Tudor, Justice Barret—74
Gov. Benning Wentworth was born at Boston— after the Death of his children & he growing old— his Brother in Law Col. Atkinson75 &ca. sollicited him to make a will— he postponed it— He had a Servt maid—Martha Hylton— He called her in one Eveng & told her he had concluded to marry her if she had no objections— she seemed surprized & hesitated— he told her she might consider of it till Tuesday next. He then again called her in— She consented, & he appointed the ensuing Saturday for the Nuptials—
He invited the clergyman of the place & some others to pass that Saturday Evening with him— they came— there was a splendid Supper— they remarked that he sent out some of the best pieces from every Dish— he said it was for a Lady in the other Room—
After Supper he asked the Parson if he had his marying Tools with him, ^for^ that there was a couple in his Family to be marryed that night— the parson had no prayer Book— The Govr ordered one to be brought in— He then sent for Martha Hylton, and giving the parson a Licence to marry Benning Wentworth to Martha Hylton, desired him to proceed— they were all surprized— The Govr. persisted and the ceremony was performed—
A while after his Relations renewed their Sollicitations about his will. He consented and desired their advice & assistance in making it— The notes were prepared— he gave a few hundred pounds to his wife— the Remainder to them— He desired them to take the notes to the Atty General, & let him draw the will in Form— it was done— he made them Exrs. & gave Col. atkinson the will to keep—
Several Years elapsed in great Harmony with them all— He died— His Relations came to condole with the widow—& offered to take from her the Trouble of his Funeral— she preferred taking that charge herself— They informed her they were his Exrs. & therefore were the proper Persons to see it done— they produced his will— She produced another of more recent date, wherein he made her sole Exx. & gave her all his Estate.
He had been Surveyor of the wood, for preserving Trees fit for masts & recd for it 1000 Sterl. pr. an[num]. & made as much more by permitting people to cut those very Trees. He was an unprincipled man, and wd. grant Land any where & to any Body, pay ^who wd. pay,^ the Fees—
His Nephew John wentworth76 so managed in England as to get supplant him in the Governmt. He never forgave him— John invited Michael wentworth a Capt. in the Guards to stay with him— they afterwards differed— Benning invited Michael to his House— he lived with Benning ’till his Death and shortly afterward, married his widow by whom he has a Daughter—
J.S.
28 Novr. and. Secy Hamiltons Letter.—77
^—29th—^ dined with Mr Paterson78 who with his Family arrived here a Day or two ago from St. Johns— He tells me Govr. Parr79 advanced I think 1300£ to enable with the Indians in his company to go to England80
30 Novr. set out for Providence— Dined at Gays Dedham—a good House—81 lodged at walpole at Capt. Downes—a good House82
31 dined at Holmes83
arrived at Providence— Put up at Dexter’s Tavern,84 recommended by Judge Merchant85
1 Decr. Col. Peck the marshall waited on me—with him visited Govr. Fenner took Tea with Gov. Bowen86
wrote 13th. Letter to Mrs. Jay
2 Decr. recd. Letter from Mrs. Jay of 24 & 29th. Novr.—87 added to my Letter of Yesterday & sent it to post office—
Recd. Letter of 24 from P. J. Munro88
Recd Letter of 19 Novr. from Presid of U.S.89 Din’. with Mr Russell90
3 dined with Col. Peck—
4 opened court & adjourned—91 Judge Cushings not arrived
5 wrote to my Son—92 Heard Dr. Hitchcock93 this morng & Mr Maxy this afternoon— visited Presidt. of Coll.94 passd. the Evg with Dr. Hitchcock—an amiable man— the Sacramt. being to be administered this morng in his meeting, he gave Notice that Strangers in Town tho’ of other Sects might if they pleased partake in it— The Baptists seem to be the prevailing Sect—Their Steeple is Handsome95
6 opened Court. charged G. Jury &c: dined with Mr. Francis Son in Law of Mr J. Brown96
7 dined with Mr. Brown— passed the Evg with Welcome Arnold Esqr.97
Recd. much attention here—Mr. Clarke98 offd. me Lodgings— so did Mr Russell—
8 Dec Mr Howell99 tells me the Proceedings of the Court give much Satisfaction & ca.100 set out for N York— dined at Scituate 12 miles from Providence, at Manchester—civil but seem poor—101 went 13 miles to Volintown & lodged with Dorance—tolerable102
9 Rode 14 Miles thro Plainfield & Canterbury to Scotland, & dined at Capt. Dorances103 went thro Wyndham to Crank 10 miles & Lodged at ^Capt^ Hills—attentive [illegible] & tolerable—
10 went thro’ andover & Bolton to East Hartford— dined at Woodbridge’s—good104 went thence to averys at Hartford visited Col. Wadsworths Family— This Evening Col. Seymour Col. Colt & Barnabas Dean made me a Visit.105
a wife devised her Estate to her Husband—Court of Probate proved the Will—Sup. Court declared it null—Court of Error declared it good—House of Assembly ag[ains]t it—Council for it—
11 Rode 16 miles to Fullers Tavern106 at Stone House—good—
went to Wallingford—Carringtons—107 passed by a Green House in this Town kept by Beement108 that looks promising
12. rained hard this morning—12 oCk. began to clear— set out— reached Hartford N Haven— It is reported here that Col. Humphreys died on his passage109
wrote to Mrs. Jay—& to Presidt. of U.S.110 Fenton brought me a Teliscope he had made for me. he is to send it to N York by Water—charges 7.0.0 lawful—wh. I is more than he agreed for, but he is poor & I did not remind him of it—an ingenious Man—111
13 Dined at Benjamin’s— Stratford—112 lodged at Majr. Marvins113 3 miles East of Norwalk—good House—
14 Dined at Seymours114 Horseneck—not extraordinary came to Rye—
15 Decr. Returned Home—
JJ Circuit Court Diary, 28 Sept.–15 Dec. 1790, AD, NNC: (EJ: 07351). Letters mentioned in the diary that have not been found are not further identified.
1. Frederick Van Cortlandt (1730–c. 1800) of Westchester County, the third son of Frederick Van Cortlandt and Françoise Jay Van Cortlandt.
2. Ann Covenhoven (Couenhoven)(1734–97) of Tarrytown, N.Y., was previously married to Edward Covenhoven (1730–86).
3. Abraham Merritt (1745–1820) and Elizabeth Hadden Merritt (c. 1742–c. 1814) of Cortlandt, N.Y. Bartholemew Merritt (1779–99) was the couple’s sixth child and second son. Elizabeth’s father, Job Hadden (1710–83) had resided in nearby Harrison, N.Y.
4. Daniel Birdsall (1734–1800) operated the Birdsall House in Peekskill, N.Y.
5. Isaac Van Wyck (1755–1811) of Fishkill, N.Y., an officer in the Dutchess County militia during the war for independence.
6. Stephen Hendrickson (d. 1814) of Poughkeepsie. TJ and JM visited this establishment during their 1791 tour of the region.
7. Probably either the widow or the eldest son of the former owner Jacob Tremper (1734–c. 1788) succeeded him in the tavern proprietorship. A 1789 road survey showing the route from Poughkeepsie to Albany lists a “Trimper’s” tavern near Rhinebeck. Christopher Colles, A Survey of the Roads of the United State of America by Christopher Coles. 1789 ([New York], 1789; , no. 21741).
8. Herman Hoffman (1744–1829) of Red Hook served as a militia officer and as sheriff of Dutchess County.
9. For more on Hermoso, the Spanish stallion presented to JJ by Charles III of Spain, see JJ to GW, 1 Mar. 1789, above.
10. Peter Pulver (c. 1707–94) lived on a tract of land adjoining Livingston Manor. TJ and JM also visited “Pulvar’s” inn in 1791; TJ rated it as bad. , 20: 457, 471.
John Jay’s circuit court diary, [5]–20 October 1790. (John Jay Papers, Rare Book & Manuscript Library, Columbia University in the City of New York)
11. Peter R. Livingston (1737–94), the eldest son of Robert Livingston, the third proprietor of Livingston Manor, was troubled by debt and therefore did not inherit the estate at the time of his father’s death in December 1790. James D. Livingston and Sherry H. Penney, “The Breakup of Livingston Manor,” Hudson Valley Regional Review 4, no. 1 (March 1987): 57; , 218.
12. The marriage mentioned by JJ is probably that of Peter R. Livingston’s fourth surviving son, Walter Tryon Livingston (1772–1827) to Elizabeth (Eliza) Platner (born c. 1770) in 1788.
13. The tavern proprietor is probably Bartholomew Van Valkenburgh (b. 1736), of either Kinderhook or Claverack, eldest son of Peter Van Valkenburgh (b. 1707).
14. For Peter Van Schaack’s relationship with JJ, see the editorial note “The Case of Peter Van Schaack,” , 1: 318.
15. Proprietor not identified. TJ and JM had also visited Moore’s on 25 May 1791 while touring New England and New York. Like JJ, TJ noted that Moore’s inn was eight miles distant from Albany. , 20: 458, 471.
16. Benjamin Hilton Jr., a Loyalist, had operated the tavern during the Revolution, and a family member probably took over the proprietorship after the war. Local Antifederalists held their American independence celebration at Hilton’s tavern in 1788. New-York Packet, 15 July 1788.
17. The Fall 1790 term of the Circuit Court for the District of New York met in Albany from 4 to 5 October. JJ and Cushing were joined by James Duane, the federal judge for the district of New York. The absence of the jurors from Albany curtailed the business of the court. The following were admitted as counsellors: Stephen Lush (1753–1825) of Albany, former clerk of the court of chancery and a future state assemblyman and state senator; Leonard Gansevoort Jr. (1754–1834) of Albany studied law under Peter Van Schaack, held office as alderman, and was a member and secretary of the Albany Commissioners for Detecting and Defeating Conspiracies during the Revolution; Theodorus V. W. Graham (1759–1822) of Albany served one term in the state assembly; Ezekiel Gilbert (1756–1841) of Hudson represented his district in the state assembly and the U.S. Congress. The following were admitted as attorneys and solicitors: John C. Wynkoop (1761–96) of Kingston; Dirck Ten Broeck (1765–1832) of Albany sat on the Albany city council, served in the state assembly, and was eventually named speaker of that body; Sanders Lansing (1766–1850) of Albany; and Nicholas N. Quackenbush (1764–1823) of Albany. See Daily Advertiser (New York), 15 Oct. 1790; and Pennsylvania Packet (Philadelphia), 19 Oct. 1790.
18. Jacob Morris, son of Lewis Morris, served as the assistant marshal for Albany County.
19. William S. Smith served as the U.S. marshal for the New York district.
20. Possibly Capt. John Shethar of Kinderhook. Daily Advertiser (New York), 21 Apr. 1792.
21. David Van Schaack (1736–1816) and Cornelius Van Schaack Jr. (1734–97), both of Kinderhook, were elder brothers of Peter Van Schaack.
22. David Pratt (c. 1737–1828) of Spencertown, N.Y., had served as an officer in the Ninth Albany County militia regiment. James A. Roberts, New York in the Revolution as Colony and State (Albany, 1897), 255.
23. Timothy Younglove (1734–96) of Sheffield, Mass., had served as a lieutenant in a militia company formed in Great Barrington during the war for independence. Younglove had joined the insurgency protesting the Massachusetts government in 1786–87. Charles J. Taylor, History of Great Barrington (Berkshire County) Massachusetts (Great Barrington, 1882), 247.
24. Theodore Sedgwick of Stockbridge, Mass.
25. Rosanna Pettibone Wilcox (1739–1813) of Norfolk, Conn., continued operating the family tavern in 1774 after smallpox claimed her husband Ezekiel Wilcox (c. 1735–74).
26. Capt. Darius Phelps (1752–1818) of Norfolk.
27. Possibly a public house located in Colebrook, Conn. owned either by Daniel Eno (1742–97) of Colebrook or his brother Ashbel Eno (1744–1821) of Windsor. Henry R. Stiles, The History and Genealogies of Ancient Windsor, Connecticut; including East Windsor, South Windsor, Bloomfield, Windsor Locks, and Ellington. 1631–1891 (Hartford, 1892), 2: 242, 243
28. Arah Phelps (1761–1844) of Colebrook.
29. John Gilbert (c. 1742–c. 1795) of New Hartford, Conn.
30. Possibly Eldad Shepard (c. 1740–1807) of New Hartford.
31. Noah Phelps (1740–1809) of Simsbury, Conn., was first granted a license for his tavern in 1786.
32. Samuel Wyllys represented his sister Susannah Wyllys Strong (1750–94) in her divorce proceedings against Jedediah Strong (1738–1802), a Litchfield county judge. Susanna’s damning testimony of her husband’s excessive drinking and brutal behavior damaged his reputation. For coverage of this case, see Norwich Packet, 30 July 1790, Maryland Journal (Baltimore), 3 Aug., Essex Journal (Newburyport), and Pennsylvania Journal (Philadelphia), 18 Aug.
33. John Avery operated an inn located in Hartford near the Connecticut statehouse. American Mercury (Hartford), 25 Aug. 1788.
34. JJ had initially planned to lodge in Hartford with Alexander Hunt, a friend and neighbor from Rye. However, Hunt died unexpectedly in late August 1790. See Circuit Court Diary, 26 Apr. 1790, above.
36. Nathan Strong (b. 1748) preached at the First Church in Hartford.
37. Jeremiah Wadsworth.
38. William Imlay of Hartford, a merchant and Commissioner of Loans, whose friendship with JJ dated back to their membership in the Social Club of New York City. See , 1: 72n19. Imlay would appear before JJ as a defendant in a case heard before the Circuit Court for the District of Connecticut during the Fall 1790 and Spring 1791 terms. Imlay was sued by Sarah Williams of St. Croix for failure to make full payment on his bond. The court found for the plaintiff in the amount of £509.0.8 with court costs of £4.8.0. MWalFAR: RG 21, CCD Connecticut: Case File Records, Williams v. Imlay.
39. Abigail Hunt (c. 1731–1801) of Hartford, widow of Alexander Hunt.
40. SLJ often invited Henry Knox and Lucy Flucker Knox to social gatherings in New York. See , 4: 462, 463, 479, 534, 545, 555, 640, 653.
41. Mary Nevins Imlay (1751–1833).
42. Oliver Wolcott Jr. (1760–1833), formerly Connecticut’s comptroller of public accounts, was appointed auditor of the new federal treasury in September 1789. Later comptroller of the U.S., he became AH’s successor as secretary of the treasury. JA later appointed him a judge on the Second Circuit of the U.S. Circuit Court. He was governor of Connecticut from 1817 to 1827.
43. A group of local merchants started up the Hartford Woolen Manufactory in 1788. Although the business enjoyed some initial success and produced 10,278 yards of cloth during its first years of operation, it could not compete with European imports and eventually closed in 1795. Upon visiting the manufactory in October 1789, GW remarked that the establishment “seems to be going on with spirit” and, although he judged the textiles not of the “first quality”, he nonetheless ordered a suit for himself to be sent to New York. , 5: 468, 469n2; Herald of Freedom (Boston), 15 Jan. 1790.
44. The Circuit Court for the District of Connecticut met in Hartford on 22, 23, 25, and 26 October. The court, consisting of JJ, Cushing, and Richard Law, heard sixteen common law cases, one chancery case, and five criminal cases. , 1: 322. The following were admitted as attorneys and counsellors: William Judd (1743–1804) of Farmington; John Trumbull (1750–1831) and Thomas Young Seymour (1757–1811), both of Hartford; Jonathan Brace (1754–1837) of Glastonbury; Joshua Coit (1758–98); Sylvester Gilbert (1755–1846); William Moseley (c. 1754–1824) of Hartford; Alexander Wolcott (1758–1828) of Windsor; Noah Webster Jr. (1758–1843), Enoch Perkins (c. 1760–1828), and Ephraim Root (1762–1825), all of Hartford; John Williams (1762–1840) and Thomas Chester (c. 1763–1831), both of Wethersfield; John Smith; and Samuel Whittlesey (1763–c. 1838). Connecticut Courant (Hartford), 25 Oct. 1790; Green’s Register, for the State of Connecticut; with an Almanac, for the Year of our Lord, 1790 (New London, 1789; , no. 21779), 5.
45. During the Fall term, JJ presided over Holy and Newbould v. Lamb, a case involving a plea on a protested bill of exchange. John Lamb (d. 1804), a merchant of Groton, drew a bill on 28 Jan. 1789, in New York for 500 Mexican dollars on the brothers Robert and John Montgomery, an American mercantile firm in Alicante, Spain, and paid or sold the bill to Azarias Williams (probably 1765–1849), a merchant and ironmonger of New York. Williams endorsed the bill to Thomas Holy and William Newbould, merchants of Sheffield, England, three weeks later. When the Montgomerys were presented with the bill on 22 Apr., they refused to accept or pay it, and the bill was protested. Holy and Newbould then sued Lamb in October 1789 seeking repayment of the amount of the note plus damages. Represented by their attorney Asa Spalding, the plaintiffs won their suit by default when Lamb failed to appear for the court proceedings. The defendant did turn up, however, before final judgment was rendered, seeking a lesser penalty. At issue was whether to apply the 10 percent rate customary in Connecticut or the rate used in New York. Two New York merchants, John Murray (1741–1808) and Thomas Pearsall (1735–1807), testified that 20 percent damages on a protested bill was customary in New York. When the Connecticut Circuit Court heard the case in August 1790, Lamb was ordered to pay $657.75 for the bill and $12.41 for court costs. JJ confirmed that Lamb should pay 20 percent damages on the bill because it had been drawn up in New York. MWalFAR: RG 21, CCD Connecticut: Case File Records, Holy and Neubold v. Lamb.
Robert Montgomery (1754–1824) was an Irish-born merchant who along with other family members migrated to America, where he served as ship captain in Philadelphia, then moved to Alicante in 1777. Although he had listed himself as an American merchant at the time of his arrival, and considered himself an American citizen, he apparently had not been formally naturalized, or at least had no proof he was an American citizen. Once Spain declared war against Britain and ordered English and Irish merchants to move away from the Spanish coast, he was classified as British and ordered to move. He then sought proof from BF, went to Passy to take an oath of allegiance to the United States there in September 1778, and received a certificate attesting to his citizenship. After BF’s further intervention, Spanish authorities accepted his American citizenship and allowed him to continue in business at Alicante. He corresponded with American diplomats, including JJ during his time as minister to Spain, intervened in American affairs especially on relations with the Barbary States, and sought to act as an American agent, but had no official status until he was appointed American consul for Alicante in 1793, serving until 1801. Robert’s brother John, a Boston merchant and U.S. citizen, joined the firm at Alicante and periodically sought appointment as a consul. See Robert Montgomery to BF, 5 Apr. 1778, 26 June 1779, 6 July, 12 and 24 Aug., 3 and 20 Nov., 25 Dec., and BF to Montgomery, 28 Oct and 26 Nov. 1779, , 26: 242–43, 29: 746–47, 30: 64–65, 216–17, 261–62, 31: 32–33, 135–36, 281–82, 30: 602–3, 31: 152; Montgomery to JJ, 8 Aug. 1786, ALS, DNA: PCC, item 78, 502–16 (EJ: 10737); TJ’s Draft Memorandum on Consular Vacancies, 21 Feb. 1791, , 19: 313–16; 25: 227, 238; , 6: 695; 12: 189; , 4: 67, 204n6, 461, 600, 601n8.
46. Timothy Savage (c. 1769–1847) of Weathersfield, Conn., master of the sloop Dove, made a false statement to the Customs Collector on 30 June 1790, failing to account for some of the cargo of sugar, brandy, and wine. In addition to being fined $70, Savage had to pay court fees in the amount of $37.55. MWalFAR: RG 21, CCD Connecticut: Care File Record, United States v. Savage.
47. The brouhaha that JJ was called upon to settle arose out of a newspaper exchange between Pierpont Edwards (1750–1826), a New Haven attorney and candidate for Congress, and Roger Sherman, then a representative from Connecticut in Congress. Edwards charged that Sherman, who in a letter to Governor Samuel Huntington depicted himself as having tried to lower the compensation for members of Congress from six dollars per day, the figure recently adopted, to five dollars, in response to public disapproval, had in fact in conversation with Senator Oliver Ellsworth strongly urged adoption of the higher rate. To back up his charge, Edwards published a letter from Jeremiah Wadsworth without his permission in which Wadsworth confirmed his earlier report, based on information from Ellsworth, that Sherman had favored the six dollar rate. See “Plain Dealer” in the Connecticut Courant (Hartford), 13, 20 Sept. and 11 Oct. 1790. For other publications on the controversy, see “A Farmer” in the American Mercury (Hartford), 13 Sept., both written by Edwards; Sherman to Mr. [Elisha] Babcock [the editor of the American Mercury], 15 Sept., American Mercury, 20 Sept., and Norwich Packet, 1 Oct.; Edwards to the People of the State of Connecticut, 15 Sept., Connecticut Courant, 20 Sept.; “Cato” to Messieurs Hudson, Goodwin and Babcock, Printers in Hartford, 16 Sept., Connecticut Courant, 20 Sept., and Connecticut Journal (New Haven), 29 Sept.; Edwards to the printer of the American Mercury, 21 Sept., American Mercury, 27 Sept.; and Sherman to Edwards, 11 Oct., Connecticut Journal, 13 Oct. 1790, also published in the Litchfield Monitor of 18 Oct., and Connecticut Gazette (New London) of 29 Oct. 1790.
48. Reuben Swan (1748–1825) of Leicester, Mass.
49. JJ paid 20 dollars to Maynard for a bull calf. Circuit Court Diary, 10 May 1792, below.
50. JJ probably visited the Weston meetinghouse built around 1718 to replace the older “Farmer’s Meeting-house”. Daniel S. Lamson, History of the Town of Weston Massachusetts 1630–1890 (Boston, 1913), 5, 9–10.
52. The Circuit Court for the District of Massachusetts met from 3 to 5 November. Cushing and Lowell joined JJ on the bench. Samuel Stillman (1738–1807) of Boston’s Baptist Church recited the opening prayer. Herald of Freedom (Boston), 5 Nov. 1790. The court heard one common law case. , 1: 321.
53. See Willard to JJ, 3 Nov. 1790, below.
54. Daniel Saunders (1744–1824) of Salem, master of the schooner Sally, made a false statement to the Salem customs collector about the ship’s manifest of coffee, molasses, sugar, French wine, and cocoa in August 1789. He was found guilty on 3 Nov. and fined $500 plus court costs of $27.87. MWalFAR: RG 21, CCD Massachusetts: Case File Record, United States v. Saunders.
55. JJ made the following comments to SLJ regarding Bowdoin’s death and burial: “Governor Bowdoin is to be interred this afternoon. His funeral will strongly mark the estimation in which he was held. Various societies attend to it, etc. To him these attentions will be vain, but to his family pleasing. Posthumous fame is in no other respect valuable than as it may be instrumental to the good of survivors.” , 3: 403–4.
56. Ibid.
58. Letter not found, although JJ noted that it arrived on 13 Nov. See JJ to PJM, 14 Nov. 1790, ALS, NNMus (EJ: 00411).
59. JJ to GW, 13 Nov. 1790, below.
60. JJ to PJM, 14 Nov. 1790, ALS, NNMus (EJ: 00411). Munro mentioned in an undated letter, probably of 24 Nov., that he had received JJ’s correspondence.
61. Fisher Ames (1758–1808) of Dedham had recently defeated Samuel Adams in the election for U.S. Representative for the District of Suffolk.
62. Letters not found. Edward Rutledge and David Ramsay, both of South Carolina.
63. Peter Thacher (Thatcher) (1752–1802) was pastor to Boston’s Congregational Brattle Street Church.
64. Probably John Clarke (1755–98), Congregationalist minister of the First Church in Boston.
65. Joseph Barrell (1740–1804) of Boston was a merchant and co-owner of the Columbia Rediviva. This ship engaged in trade in China and the Pacific Northwest and was the first American vessel to circumnavigate the globe. For more on Barrell and the Columbia Rediviva, see the editorial note, “Americans Engage in the China Trade,” and John Marsden Pintard to JJ, 18 Aug. 1787, , 4: 91–95, 541.
66. William Wait (c. 1739–1809) of East Malden, Mass., served as a captain in Samuel Thatcher’s First Middlesex Regiment. Corey P. Deloraine, The Waite Family of Malden, Mass. (Malden, 1913), 46.
67. Possibly Samuel Symonds, who operated an inn in Danvers, Mass. Salem Gazette, 8 Mar. 1791.
68. Joseph Wells (d. 1791) of Hampton Falls, N.H., built this tavern in 1787. Warren Brown, History of Hampshire Falls New Hampshire from the Time of the First Settlement within its Borders 1640 until 1900 (Manchester, N.H., 1900), 402.
69. The Circuit Court for the District of New Hampshire convened in Exeter from 20 to 24 Nov. with JJ, Cushing, and John Sullivan presiding on the bench. The court heard five common law cases and one chancery case. , 1: 321.
70. Josiah Bartlett (1729–95), served as New Hampshire’s chief executive from 1791 to 1795. Nathaniel Peasley Sargent (1731–91) sat as chief justice on the Massachusetts Supreme Court. JJ’s visitor at Haverhill was probably John Shaw (1748–94), minister at the town’s First Parish Church since being installed there in 1777. Shaw was married to Elizabeth Smith Shaw, the younger sister of Abigail Adams.
71. George Cabot (1752–1823) of Beverly, Mass., had participated both in the state constitutional convention in 1777 and in the national constitutional convention in 1787. Cabot later served in the U.S. Senate.
72. SLJ to JJ, 10 Nov., AL, NNC (EJ: 06530); SLJ to JJ, 14 Nov. 1790, below.
73. AH to JJ, 13 Nov. 1790, below.
74. Jonathan Mason (1725–98) was a Boston merchant who was elected Deacon of the Old South Church in 1770. William Tudor was a lawyer and representative of Boston in the Massachusetts General Court.
75. Theodore Atkinson (1697–1779) was a Portsmouth attorney who held several public offices in New Hampshire, including collector, naval officer, sheriff, and chief justice of the Superior Court.
76. John Wentworth (1737–1820) succeeded his uncle as governor in 1767, and later served as lieutenant governor of Nova Scotia.
77. JJ to AH, 28 Nov. 1790, below.
78. John Patterson (b. 1745) was a New York Loyalist married to Catherine Livingston (1744–1832), the daughter of Robert Livingston, the third proprietor of Livingston Manor. Walter Patterson, John’s brother, was the former governor of St. John’s Island (later Prince Edward Island). Walter had assumed office in 1770 but was dismissed from his post in 1786 and returned to London three years later. John received a land grant in the colony, but returned to the United States when his brother’s tenure as governor ended.
79. John Parr (1725–91) served as lieutenant governor of Nova Scotia from 1782 to 1791.
80. William Augustus Bowles, also known as Estajoca (c. 1763–1805) was a Maryland Loyalist who joined a group of Lower Creek Indians near Pensacola in 1779, later establishing a trading post among the Creek Confederacy and assuming the title of “Director General of the Creek Nation.” Concerned about increased Spanish influence and American encroachment in the region, Bowles led a delegation of two Creek and three Cherokee leaders to London seeking an audience with George III and support from the British government. Travelling via Quebec in 1789, the group drew the attention of Nova Scotia’s governor when they became stranded in Halifax. In September 1790, Parr drew on funds from the Canadian Indian Department to pay for the group’s passage to Quebec. With further financial assistance from Guy Carleton, the Governor General of British North America, the group eventually reached London in November 1790. See J. Leitch Wright Jr., William Augustus Bowles: Director General of the Creek Nation (Athens, Ga., 1967), 36–45; David Humphreys to TJ, 2 Nov. 1790, , 17: 663–67.
81. Timothy Gay of Dedham, Mass., purchased the inn in 1782. Massachusetts Gazette (Boston), 16 Feb. 1787.
82. Probably Shubael Downes (c. 1741–96) of Walpole, Mass. An advertisement appearing in a local newspaper mentions the sale of a house used “for many years as a Tavern, and formerly occupied by Capt. Downes.” Minerva (Dedham, Mass.), 15 Mar. 1798.
83. Possibly one of the Holmes brothers, Eliphalet (1748–1826), Samuel (1754–94), or Joseph Jr. (1765–1813), living in Attleborough, Mass. A Holmes Tavern located in Attleborough is mentioned in both a 1790 travel diary and an 1802 newspaper advertisement. Glenn B. Skillin, ed., “In Search of Cahoone, the 1790 Diary of John Francis,” Old-Time New England 60, no. 218 (Fall 1969): 60, 67n2; Columbian Minerva (Dedham), 16 Mar. 1802.
84. Col. Knight Dexter (c. 1734–1814) of Providence.
85. Henry Marchant.
86. William Peck (1755–1832) of Providence, was marshal for the Rhode Island District. He served in the revolutionary war as the Deputy Adjutant General of the Eastern Department with the rank of lieutenant colonel. Arthur Fenner (1745–1805) of Providence was governor of Rhode Island, 1790–1805. Jabez Bowen (1739–1815) of Providence served as deputy governor of Rhode Island, 1778–86, and as chief justice of the state Supreme Court.
89. GW to JJ, 19 Nov. 1790, below.
90. Joseph Russell (1732–92) of Providence was a wealthy shipowner and merchant.
91. The Circuit Court for the District of Rhode Island convened in Providence from 4 to 7 December. JJ and District Judge Henry Marchant were joined by Cushing on 6 December. The court heard seven common law cases for the fall 1790 term. , 1: 321. The following were admitted as attorneys: William Bradford (1729–1808) and Benjamin Bourn (1755–1808), both of Bristol; Samuel Samson (c. 1758–94) of Providence; Daniel Updike (1761–1842) of North Kingston; George Tillinghast (1751–1816) of East Greenwich; William Crooke (1761–1830) of Newport; David Howell (1747–1824) of Providence; Ray Greene (1765–1849) of Warwick; Elisha R. Potter (1764–1835) of Kingston. The following were admitted as counsellors: Nathan Peters (c. 1746–1824) of Preston, Conn.; John Gardiner (1737–93) of Boston. Providence Gazette, 11 Dec. 1790.
The following were sworn in as grand jurors: Samuel Butler (c. 1728–1813), Pardon Mason (1758–1845), both of Providence; Elijah Arnold (1751–1817), Rufus Smith (b. 1740), and Esek Aldrich (d. 1810), all of Smithfield; Thomas Mowry of Scituate; Richard Knight and Andrew Knight (1747–1812), both of Cranston; William Borden King (1751–1829) of Johnston; Joy Ladd (d. 1826), of North Providence. The following served as talesmen for the grand jury: David Sayles (1755–1820) of Cumberland; William Jones (1753–1822), and Joseph Comstock (1753–94), both of Providence. A talesman is a person summoned to act as a juror from among the bystanders in the court when not enough jurors are available. , 2nd ed. The following were sworn in as petit jurors: Daniel Field (c. 1756–1830) of Providence; Job Aldrich (b. 1734) and Joseph Angell of Smithfield; Jeremiah Stone of Scituate; Jepitha Wikinson and John Grant Jr. (1750–1821), both of Cumberland; Sylvester Potter (b. 1761) of Cranston; Nehemiah Hawkins (1763–1830) of Johnston; Nehemiah Sheldon (d. 1820) of North Providence; Esek Smith of Glocester. MWalFAR: RG 21, CCD Rhode Island, Minutes, 1790–1792.
93. Dr. Enos Hitchcock (1745–1803), minister of the First Congregational Church in Providence.
94. Jonathan Maxcy (1768–1820) became minister of the First Baptist Church in Providence in 1791. He assumed the presidency of the College of Rhode Island upon the death of James Manning (1738–91), the college’s first president.
95. Built in 1774–75, the First Baptist Church or Meeting House of Providence was the first Baptist meetinghouse in New England to have a steeple.
96. John Francis (1763–96) of Providence married Abigail (Abbey) Brown (1766–1821) in 1788 and formed the partnership of Brown and Francis with his father-in-law in 1792. John Brown (1736–1803) of Providence, a leading merchant and slave trader, represented Rhode Island in the Continental Congress and later in the U.S. Congress. Brown was active in the First Baptist Church of Rhode Island and served as the treasurer for the College of Rhode Island, which was renamed Brown University in 1804 following a large donation from his nephew and successor as treasurer, Nicholas Brown Jr.
97. Welcome Arnold (1745–98) was a Providence merchant and shipowner and member of the Rhode Island legislature.
98. Possibly John Innes Clarke (c. 1745–1808), Providence merchant of the firm Clarke and Nightingale.
99. David Howell (1747–1824) of Providence was a delegate to the Confederation Congress, Associate Justice of the Rhode Island Supreme Court, and state Attorney General.
100. For more on the public response to the Circuit Court proceedings, see the editorial note “Riding the Circuit,” above.
101. Probably John Manchester (d. c. 1800) of Scituate, R.I., who leased a tavern from Andrew Angell. Charles Cotesworth Beaman, An Historical Address delivered in Scituate, Rhode Island, July 4th, 1876, at the Request of the Town Authorities (Phenix, R.I., 1877), 34; Providence Gazette, 25 Apr. 1789.
102. Archibald Dorrance (1754–1816) of Voluntown, Conn., assumed proprietorship of the tavern after the death of his father, Samuel Dorrance (1709–88).
103. Probably David Dorrance (1750–1822) of Windham, Conn. See The Phenix, or, Windham Herald, 20 Apr. 1793.
104. Deodatus Woodbridge (1757–1836) of East Hartford, Conn. GW had visited the same establishment in November 1789. , 5: 496.
105. Col. Jeremiah Wadsworth. Col. Thomas Seymour (1735–1829) of Hartford served as a lieutenant colonel of the First Connecticut state regiment of light horse. Seymour represented his town in the Connecticut General Assembly and also served as the mayor of Hartford. Col. Peter Colt (1744–1824) of Hartford served as state treasurer. During the revolutionary war, he was deputy commissary general for the eastern department. Barnabas Deane (c. 1743–94) of Wethersfield, Conn., was a merchant and brother of Silas Deane.
106. Probably Ephraim Fuller of Berlin, Conn. GW dined at Fuller’s inn on his way from Hartford to New Haven. , 5: 496.
107. Jeremiah Carrington (c. 1746–1812) of Wallingford, Conn. GW noted the presence of Carrington’s tavern when he passed by in October 1789. , 5: 467.
108. Deodate Bement (Beement) (1751–1836) of Wallingford.
109. This unidentified report about the death of David Humphreys proved incorrect. Humphreys was on a secret diplomatic mission to negotiate with Spain about western land concessions in the wake of the Nootka Sound controversy and a possible outbreak of Anglo-Spanish hostilities. En route to Madrid, he met with Chevalier Pinto in Lisbon and discussed strengthening ties between the two nations. Humphreys sailed from New York on 3 Sept. 1790 and arrived in London on 14 October. Delayed in London, he did not depart Gravesend until 4 Nov. aboard the brig Thames, arriving safely in Lisbon two weeks later. Humphreys was appointed minister to Portugal in February 1791. For Humphreys’s mission, see TJ to GW, 8 Aug. 1790, , 6: 217–20; Frank L. Humphreys, Life and Death of David Humphreys: Soldier—Statesman—Poet “Belov’d of Washington” (New York and London, 1917), 2: 22–28, 43–60. For JJ’s views about a prospective conflict between Britain and Spain, see GW to JJ and the Heads of Departments, 27 Aug. 1790, and JJ to GW, 28 Aug. 1790, both above.
110. JJ to SLJ, 12 Dec. 1790, ALS, Kenneth W. Rendell Gallery; JJ to GW, 12 Dec. 1790, below.
111. Jotham Fenton sent JJ a bill for £7.0.0 for the telescope. JJ paid the full amount promptly. Fenton to JJ, 16 Mar. 1791, D, NNC (EJ: 13189). See also Circuit Court Diary, 24 Apr. 1790, above.
112. George Benjamin (1733–c. 1799) of Stratford, Conn.
113. Maj. Ozias Marvin (1737–c. 1807) of Norwalk, Conn. GW rated this establishment as “not a good house” during his visit in November 1789. , 5: 497.
114. Possibly Samuel Seymour (1731–1818) of Greenwich, Conn. George D. Seymour and Donald L. Jacobus, A History of the Seymour Family: Descendants of Richard Seymour of Hartford, Connecticut for Six Generations With extensive amplification of the Lines deriving from his Son John Seymour of Hartford (New Haven, 1939), 97.