John Jay Papers
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From John Jay to William Cushing, 7 December 1789

To William Cushing

New York 7 Decr. 1789

Sir

I have been favored with your’s of the 18th. of last month,1 and I participate very sincerely in the general Satisfaction which your appointment has given. Your attendance at the Time mentioned in your Letter will in my opinion be sufficiently early. It gives me Pleasure to learn that writs from your District Courts will be in the Name of “the President of the united States,” and that you concur with me in thinking that Stile the most proper—

It is to be regretted that the Circuit Court cannot proceed for Want of a Seal—but as the Statute enables the sup[reme]. Court, and not the Judges of it to provide one, I am inclined to think that no order on the Subject by the Judges out of Court, would be regular. if so, the Delay is unavoidable, and must continue untill the Sitting of the Court in February—

no particular Person being designated by Law, to administer to us the oaths prescribed by the Statute, I thought it best to take them before the chief Justice of this State,2—and have since administered to different officers of Governmt. the oaths directed to be taken by them respectively.

Your character of Mr Tucker corresponds with the accounts given of it by other Gentlemen. there will be other candidates for the Clerkship of the sup[reme]. Court. I have made it a Rule to keep myself free from Engagements, and at Liberty to vote as after mutual Consultation among the Judges shall appear most adviseable. It will I am persuaded occur to you that we shall want a Clerk immediately on opening the court, & that it would be convenient that he should reside at the seat of Governmt.— There are several matters which will demand early attention; and it would doubtless be useful to have some informal Meetings before Court, in order to consider and mature such Measures as will then become indispensable— among these will be the Stile of writs— admission of Attorneys and Counsellors— some Rules of Practice &c. &c.— With great Respect & Esteem I have the Honor to be Sir Your most obt. & h’ble Servt.

John Jay

The Honble Wm. Cushing Esqr Associate Judge of the Sup. Court of the United States—

ALS, MHi: Robert Treat Paine (EJ: 04746). Addressed: “The Hon’ble. / Wm. Cushing Esqr. / associate Judge of the sup. Court of / the united States.— / Boston.” Endorsed. Franked: marked “Free” and signed John Jay.

1Cushing to JJ, 18 Nov., DftS, MHi: Photostat Coll. (EJ: 02705); DHSC description begins Maeva Marcus et al. eds., The Documentary History of the Supreme Court of the United States, 1789–1800 (8 vols.; New York, 1985–2007) description ends , 1: 678–79.

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