John Jay Papers
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Minutes of the Supreme Court, 7–8 February 1791

Minutes of the Supreme Court

[Philadelphia, 7–8 February 1791]

At the Supreme Court of the United States begun and held at Philadelphia (being the Seat of the national Government) on the first Monday of February and on the Seventh day of said month Anno Domini 1791—

Present.

The Honble. John Jay Esqr. Chief Justice.

The Honble. William Cushing, James Wilson, and James Iredell Esqrs., Associate Justices.1

Proclamation is made and the Court is opened.

Ordered, that the Counsellors and Attornies admitted to practice in this Court shall take either an Oath, or in proper Cases, an Affirmation of the Tenor prescribed by the Rule of this Court on that Subject made in February Term 1790. Vizt. I     do solemnly swear or affirm (as the Case may be) that I will demean myself as an Attorney or Counsellor of this Court uprightly and according to Law; and that I will support the Constitution of the United States.2

William Lewis Esqr.3 is affirmed according to the Order of Court, and is admitted to practice as a Counsellor of said Court.

William Bradford Junior, and Alexander Willcocks Esqrs.4 having been proposed by the Attorney General of the United States for admission as Counsellors of this court, they are sworn agreably to the Order thereof, and are admitted to practice accordingly.

Miers Fisher Esqr.5 having been proposed by the said Attorney General for Admission as a Counsellor of this Court he is affirmed agreably to the Order thereof and is admitted to practice accordingly.

Jonathan Dickinson Sergeant— Jared Ingersoll— Edward Tilghman, and James Munroe Esqrs6 having been proposed by the Attorney General of the United States for admission as Counsellors of this Court they are sworn agreably to the Order thereof and are admitted to practice accordingly.

Adjourned to Tuesday the 8th. day of February 1791.

Tuesday February 8th. 1791.

Present.

The Honble. John Jay Esqr. Chief Justice.

The Honble. William Cushing, James Wilson, and James Iredell Esqrs., Associate Justices.

Proclamation is made and the Court is opened.

The Chief Justice laid before the Court a Letter he had recieved from the Judge of the district Court of New York, which was read and is in the words following Vizt. district of New York, January 20th. 1791—Sir,

On complaint of the Collector, and proof on Oath, I committed Josiah Goreham Master of the Sloop Hiram to the Goal of this City on the 12th. of November last for a Breach of the Revenue Laws aggravated by Perjury— Charles Seely his mate had, a few days before, been committed for landing and storing a Quantity of Coffee before Report or Entry, and in the Night time, and both have ever since remained in Confinement for want of Sureties for their appearance. An under Officer of the Customs was, about the time of the removal of Congress, suspended by the Secretary of the Treasury for malconduct in permitting Goods to be landed after Sunset— As there are Circumstances which, in the Opinion of the principal Officers, rendered any criminal Intention questionable; it was determined that a Judicial Enquiry should precede his Removal or Restoration. In the mean time, deprived of the means of Subsistence, he is importunate for a Tryal— Each of these Cases, and in general every Offence made subject to fine or corporal Punishment, one only excepted, are excluded from the Authority of the district Court by the Extent of the Punishment; and its criminal Cognizance thus circumscribed, is a Burthen to the Community without any public Advantage— I think it therefore my duty to make this Representation, that if the Supreme Court should conceive it proper, a special Circuit Court may be appointed for this district, and the Prisoners as the suspended Officer, be punished or relieved as Justice shall require. I have the honor to be, with great Respect, sir, Your most obedient humble Servant

James Duane7

Honorable The Chief Justice of the United States.

Thereupon Ordered, that a special Sessions of the Circuit Court be held at the City of New York in and for the district of New York on the twenty first day of February instant next; And that authenticated Copies of this Order be transmitted by the Clerk of this Court to the Judge and the Clerk of the said district Court and to the Attorney of the United States for the said District.

It appearing from the Information of the Attorney General that divers persons charged with Offences against the Laws of the United States are now confined in the Goal of the City of Philadelphia, and that as well for the Relief of the said Persons as of certain Seafaring men who are detained as Witnesses, it would be expedient that a special Sessions of the Circuit Court should be speedily held; Ordered that a special Sessions of the said Court for the trial of criminal Causes be held at the city of Philadelphia in and for the district of Pennsylvania on the twenty first day of February instant, next, and that authenticated Copies of this Order be transmitted by the Clerk of this Court to the Judge, and the clerk of the said district Court, and to the Attorney of the United States for the said district.8

Edward Burd— Luther Martin— William Barton— Moses Levy— John F. Mifflin— and Charles Heatly Esqrs.9 having been proposed by the Attorney General of the United States, for admission as Counsellors of this Court, they are sworn agreably to the Order thereof and are admitted to practice accordingly.

William Rawle Esqr.10 having been proposed by the said Attorney General for admission as a counsellor of this Court, he is affirmed agreably to the Order thereof, and is admitted to practice accordingly.

Jasper Moylan— Alexander J. Dallas— Thomas Leaming Junior, and Peter S. du Ponceau Esqrs.11 having been proposed by the said Attorney General for admission as Counsellors of this Court, they are sworn agreably to the order thereof and are admitted to practice accordingly.

John Todd Junr. Esqr.12 having been proposed as aforesaid for admission as a Counsellor of this Court, he is affirmed according to their Order and is admitted to practice accordingly.

Joseph Anderson— Joseph B. McKean and Benjamin Chew Junr. Esqrs. having been proposed by the Attorney General aforesaid for admission as Counsellors of this Court, they are sworn agreable to the Order of Court and admitted to practice accordingly.

John Caldwell, and Benjamin R. Morgan Esqrs. having been proposed by the said Attorney General for admission as attornies of this Court, the said John is sworn, and the said Benjamin is affirmed according to the Order of Court and are admitted to practice accordingly.13

Nicholas and Jacob Vanstaphorst vs State of Maryland

The Marshall of the district of Maryland returns on the Summons in this Cause that he has in Obedience to th Writ caused to be summoned the State of Maryland by serving a copy of the said Process, on the Governor and Executive Council and Attorney General of said State in presence of Joshua Barney and Robert Dorsey.

Luther Martin Esqr. Attorney General of the State of Maryland, having in Court directed John Caldwell Esqr. to enter an appearance for the said State of Maryland; on motion of Edmund Randolph Esqr. Attorney General for the United States, of Council for the plaintiffs, Ordered that the said appearance be entered, and on like motion it was Ordered by the Court, that the said State, plead in two months from the second day of this term or Judgment.14 Philadelphia February 8th. 1791. This Court is adjourned, next to meet at the time and place appointed by Law.

Sign’d “John Tucker Clk”

D, DNA: RG 267, General Records: Engrossed (Fine) Minutes of the Supreme Court; 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: 183–91. D, Original Fine Minutes of John Tucker, DNA: RG 267, General Records, Original Minute Books; 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: 341–44.

1. Here and below names listed in column form with braces are converted into paragraph form.

2. See the minutes for 5 Feb. 1790, above.

3. William Lewis (1751–1819), a Philadelphia lawyer, was at this time the United States attorney for the District of Pennsylvania. As a member of the Society of Friends (Quakers), Lewis affirmed rather than swore his oath. 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: 183n58

4. William Bradford Jr. (1755–95) of Philadelphia was at this time the attorney general of Pennsylvania; he succeeded Edmund Randolph as U.S. attorney general in January 1794. Alexander Wilcocks (1741–1801) of Philadelphia was city recorder. Prior to this time nominations had not been required for admission as counsellor or attorney to the Supreme Court; for the remainder of JJ’s term as chief justice nominations were generally made by the United States attorney general. 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: 185nn59–61, 537–38.

5. Miers Fisher, a Philadelphia Quaker, was at this time a member of the Philadelphia Common Council. 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: 185n62.

6. Philadelphia lawyers Jonathan Dickinson Sergeant (1746–93), Jared Ingersoll (1749–1822), at this time a member of the Common Council of Philadelphia, who served as attorney general for Pennsylvania from August 1791 to May 1800 and from 1811 to 1816 (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: 185, 6: 119n12), and Edward Tilghman (1751–1815); James Monroe, licensed as a lawyer in Virginia, was at this time a senator from Virginia. 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: 185–86nn63–66.

7. James Duane to JJ, 20 Jan. 1791, ALS, DNA: RG 267. The cases held at this special session of the circuit court in New York presided over by JJ, William Cushing and James Duane, included: United States v. Seven Barrels of Coffee and One Barrel and One Keg of Muscovado Sugar; United States v. Josiah Gorham Jr; United States v. Asa Waugh; United States v. Charles Seely; and United States v. Samuel Dodge. Dodge, Gorham and Waugh were indicted for offloading coffee after sunset without a permit; Gorham was additionally indicted for perjury. Dodge pled guilty, but was pardoned by the president in September 1791. Gorham and Waugh initially pled not guilty and were tried in April 1791. They changed their pleas to guilty after the jury found Gorham guilty of the first count of perjury. Both Gorham and Waugh were fined and barred from holding any federal office for two years. See Admiralty case files and the minutes for 5, 6, and 22 Nov. 1790 and 22–23 Feb. 1791, Circuit Court District of New York, RG 21, NjBaFAR; 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: 187n68; 2: 139–40, 154.

8. William Noble and Luther Stevenson, charged with murder on the high seas. Both defendants were discharged after the grand jury returned the indictment ignoramus. On the case United States v. William Noble and Luther Stevenson, presided over by James Wilson, James Iredell and Francis Hopkinson, see rough minutes for 21–22 Feb. 1791, and Criminal Case Files, Circuit Court District of Pennsylvania, RG 21, PPFAR; 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: 187n71; 2: 140–53.

9. Philadelphia lawyers Edward Burd (1751–1833), prothonotary of the Supreme Court of Pennsylvania, William Barton (1755–1817), Moses Levy (1757–1826), John F. Mifflin (1759–1813), and Irish-born Charles Heatly (d. 1814), and Luther Martin (1748–1826), attorney general of Maryland from 1778–1805. 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: 188–89nn72–77.

10. Quaker William Rawle (1759–1836) of Philadelphia. 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: 189n78.

11. Philadelphia lawyers Jasper Alexander Moylan (c. 1759–1812), Alexander James Dallas (1759–1817), Thomas Leaming Jr. (1748–97), and Peter Stephen Du Ponceau (1760–1844). 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: 189nn79–82.

12. Quaker John Todd Jr. of Philadelphia (1763–93). 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: 190n83.

13. Joseph Anderson (1757–1837) of Delaware, soon to be appointed a federal judge for a portion of the Ohio territory; and Philadelphians Joseph Borden McKean (1764–1826), Benjamin Chew Jr. (1758–1844), John Caldwell (c. 1759–1820), and Benjamin R. Morgan (c. 1764–1840). 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: 190nn84–88.

14. On the Van Staphorst case, see the editorial note “The Supreme Court: Procedures and Cases,” above. Nathaniel Ramsey (Ramsay) (1741–1817), former Continental army officer and congressional delegate from Maryland, was federal marshal for Maryland from 1790 to 1798. Former Continental naval officer Joshua Barney was a clerk to the federal courts of Maryland (PGW: PS description begins Dorothy Twohig et al., eds., The Papers of George Washington, Presidential Series (19 vols. to date; Charlottesville, Va., 1987–) description ends , 6: 437–38; 7: 391). On JJ’s prior brief involvement in the case as arbiter between the van Staphorsts and the state of Maryland over the terms of repayment of the loan negotiated with them by JJ’s friend Matthew Ridley for the state of Maryland, see JJSP description begins Elizabeth M. Nuxoll et al., eds., The Selected Papers of John Jay (4 vols. to date; Charlottesville, Va., 2010–) description ends , 4: 231, 233n14, 413–14, 625–26, 717.

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    Minutes of the Supreme Court, 7–8 February 1791
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    7–8 February 1791

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    “Minutes of the Supreme Court, 7–8 February 1791,” Founders Online, National Archives, https://founders.archives.gov/documents/Jay/01-05-02-0166. [Original source: The Selected Papers of John Jay, vol. 5, 1788–1794, ed. Elizabeth M. Nuxoll. Charlottesville: University of Virginia Press, 2017, pp. 308–312.]