PrC (DLC: TJ Papers, 120:20748–9); undated; with summary of positions at foot of text letterpressed separately, evidently providing a synopsis of TJ’s second key to the arrangement of the nominations (see below).

12 Are For Default: TJ listed 15 names here, including Thomas Lowry, Richard Harison (Harrison), and Aquila Giles. TJ often placed them in other categories, as he did in his second key to appointments described below. In his personal lists of appointments, TJ indicated that Lowry was removed “on general principle” and Harison “on genl. principle of havg. republicn. officers where the court is federal.” Giles was “one of the midnight renewals” removed on “mixed grounds,” including “money delinquency” (Vol. 33:673, 675, 678). Collector of Hampton: William Kirby (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 , 1:216–17). In an undated list of appointments and removals, probably completed in May 1802, TJ named only eight who were removed for “malversation” or misconduct (Vol. 33:668–70).

On a separate sheet, TJ listed, by last name only, 17 officers replaced due to resignation, appointment declined, promotion, or death; 2 removed for expiration of term or commission; 21 appointed to fill vacancies or new positions; 21 removed as midnight appointments; and 6 “restorations to former office.” TJ designated 12 removals for misconduct; he named Randolph, Hall, McDowell, Marsh, Fitch, Hopkins, Bell, Dunham, Wilkins, Powell, and Williams and left a blank space for Kirby’s name. Lowry, Harison, and Giles appear as a separate category with their positions as “marshal,” “Attorney,” “Marshal” appearing, respectively, by their names, the only case where this is done. They are followed by the 6 names, as above, designated as “removals to give some participation in government to those who had been systematically excluded.” The list concludes with Jones and Humphreys (PrC in DLC: TJ Papers, 120:20750; entirely in TJ’s hand). Counterpoise the Federalism of the Courts: this entry for three marshals and attorneys connects this summary of appointments and removals with the list of the last names of the officers described above in this paragraph rather than the key to the arrangement of the nominations printed above.

It is possible that TJ sent Wilson Cary Nicholas, who appears to have served as the president’s contact in the Senate on interim appointments, one or both of the manuscripts as keys to the arrangement of the nominations (TJ to Nicholas, 26 Jan. 1802).