Minutes of the Supreme Court, [6–11 August 1792]
Minutes of the Supreme Court
[Philadelphia, 6–11 August 1792]
Monday August 6th. 1792.
At a Supreme Court of the United States, begun and held at Philadelphia (being the present seat of the National Government) on the first Monday of August and on the sixth day of the said Month Anno Domini 1792—
Present.
The Honble. John Jay Esqr. Chief Justice.
The Honble— William Cushing, James Wilson, John Blair, James Iredell, & Thomas Johnson Esqrs., Associate Justices1
Proclamation is made and the Court is opened
Letters patent bearing date the Seventh day of November Anno Domini 1791. directed to the Honble. Thomas Johnson of Maryland, constituting him an Associate Justice of the Supreme Court of the United States, are now openly read and published in Court.2
On motion of the Attorney General of the United States, John Hallowell Esqr.3 is admitted to practice as an Attorney of this Court and is solemnly affirmed accordingly—
| Jacob. & Nicholas Van Staphorst |  |
In Case. |
| vs. | ||
| The State of Maryland |
On motion of the Attorney General of counsel for the Plaintiffs, with consent of Mr. Ingersol of counsel for the Defendant, ^ordered^ that this action be discontinued, each party having agreed to pay their own costs.4
| Eleazer Oswald who survived &c. | |
In Case. |
| Administrator of John Holt dec[ease]d. | ||
| vs. | ||
| State of New York |
Mr. Ingersoll of counsel for the Plaintiff moves in this cause for “a rule on the Marshall of the State of New York to return the writ issued against the said State”— The court informed Mr. Ingersol that they would consider his motion.5
The Attorney General inf of the United States informs the Court that on Wednesday next he intends moving. for a Mandamus to be directed to the circuit Court for ^the^ district of Pennsylvania, commanding the said Court to proceed in a certain petition of William Hayburn applying to be put on the pension list of the United States, as an invalid Pensioner—
Proclamation is made and the Court is adjourned until to morrow at ten oClock.
Tuesday the 7th. of August 1792.
Pursuant to adjournment.
The Honble. John Jay Esqr. Chief Justice.
The Honble. William Cushing, James Wilson, John Blair, James Iredell, & Thomas Johnson Esqrs., Associate Justices.
This day met at the City Hall.
Proclamation is made and the Court is opened.
| Ebenezer Kingsley & others | |
Error from Massachusetts. |
| vs. | ||
| Thomas Jenkins |
By consent of parties agreed that this cause be continued to the next term.
The Attorney General moves the Court to be informed of the system of practice by which the attornies and counsellors of this Court shall regulate themselves and of the place in which rules in causes here depending shall be obtained.
The Court informed the Attorney General and the Gentlemen of the bar that if they have any remarks to offer on the subject of the mode of practice to be adopted here this Court are willing to hear them.6
| Eleazer Oswald who survived &c. | |
| Administrator of John Holt dec[ease]d. | |
| vs. | |
| The State of New York |
On motion of Mr. Ingersol of counsel for the Plaintiff ordered that the Marshall of the New York district return the writ to him directed in ^this^ cause before the adjournment of this Court, if a copy of this rule shall seasonably be serv’d upon him or his deputy—or otherwise on the first day of the next term. And that in case of default, he do shew cause therefor, by affidavit taken before one of the Judges of the United States—
Adjourned until to morrow at Ten o’Clock.
Wednesday the 8th. of August 1792—
Pursuant to adjournment.
The Honble. John Jay Esquire Chief Justice.
Honble. William Cushing, James Wilson, John Blair, James Iredell, & Thomas Johnson Esqrs., Associate Justices,
met at the City Hall.
Proclamation is made and the Court opened.
The Chief Justice in answer to the motion of the Attorney General, made yesterday, informs him and the Bar, that this Court consider the practice of the Courts of Kings Bench and of Chancery in England as affording outlines for the practice of this Court and that they will from time to time make such alterations therein as circumstances may render necessar^r^y.
| Edward Telfair for the State of Georgia |
|
| vs. | |
| Samuel Brailsford & oth[er]s. |
bill in Equity filed and motion by Mr. Dallas of counsel for the Governor and State of Georgia—for an injunction to the Circuit Court for the District of Georgia to stay proceedings in a certain cause in which execution has issued— the argument of this motion is postponed until to morrow.
Agreeably to his motion of Monday last the Attorney General proceeded to shew cause why a mandamus should issue to the Circuit Court for the New York and Pennsylvania-district for the purpose expressed in the said motion. The Court doubted of the authority of the Attorney General to make this motion ex officio. The argument on this point is adjourned.
Proclamation is made and the Court adjourned until to morrow at 10 o’Clock.
Thursday the 9th. of August 1792—
Pursuant to adjournment.
The Honorable. John Jay Esqr. Chief Justice.
The Honble. William Cushing, James Wilson, John Blair, James Iredell, & Thomas Johnson Esqrs., Assoc[iat]e. Justices
This morning met at the City Hall.
Proclamation is made and the Court opened.
| Edward Telfair in behalf of the State of Georgia |
|
Bill of Equity. |
| vs. | ||
| Samuel Brailsford & als. |
The Court proceeded to hear the argument on the motion in this cause and having heard Counsel on the same, adjourn until to morrow at ten oclock.
Friday the 10th. of August 1792—
Pursuant to adjournment.
The Honble. John Jay Esqr. Chief Justice.
Honble. William Cushing, James Wilson, John Blair, James Iredell, & Thomas Johnson Esqrs., Associate Justices
This day met at the City Hall.
Proclamation is made and the Court opened.
The Court proceeded to hear the Attorney General in relation to the powers and extent of his office.
The Court adjourn until to morrow at ten oclock.
Saturday the 11th. of August 1792.
Pursuant to adjournment.
The Honble. John Jay Esquire. Chief Justice.
Honble. William Cushing, James Wilson, John Blair, James Iredell, & Thomas John Esqrs., Asso: Justices
This day met at the City Hall.
Proclamation is made and the Court opened.
| Alexander Chisholm Exec: of Robert Farquhar dec[ease]d. |
|
In case. |
| vs. | ||
| The State of Georgia |
Proclamation being previously made in the words following “Any person having authority to appear for the State of Georgia in the suit brought in this court by Alexander Chisholm citizen of South Carolina and Executor of Robert Farquhar of the same State, deceased, against the said State of Georgia, is required to come forth and appear accordingly,” it was thereupon moved by the Plaintiff by Edmund Randolph Esquire his counsel that unless the said State of Georgia shall after reasonable previous notice of this motion cause an appearance to be entered in behalf of the said State, on the fourth day of next term, or shall then shew cause to the contrary, judgment shall be enter’d against the said State and a writ of enquiry of damages shall be awarded.
Ordered with consent of the Plaintiffs counsel, that the consideration of this motion be postponed until the first monday in February next.
The Court being divided in their opinions on the subject of the Attorney Generals authority ex officio to move the Court for a mandamus to the circuit Court for the Pennsylvania district, to correct the error complained of in the case of William Haybern, the writ prayed for cannot issue.
| Edward Telfair Govr. &c. | |
In Equity. |
| vs. | ||
| Samuel Brailsford & als |
The Court order that an injunction do issue from this Court to stay such monies in hands to the Marshall for the Georgia district, as have been or may be levied and received by virtue of any execution issuing from the Circuit Court of the said District, at the suit of Samuel Brailsford & als. vs. James Spalding and to detain the same in his hands until further order of this Court. The Court proceeded to hear the Attorney General as counsel for William Hayburn on a motion for a mandamus directed to the circuit Court for the Pennsylvania district, to command the said Court to proceed on the petition of the said William Hayburn.
The Court informed the Attorney General that they will hold his motion under consideration, until the next term.
All business now undetermined is continued over to the next term. and the Court is adjourned by Proclamation to the time and place by Law appointed.
D, DNA: RG 267, General Records: Engrossed (Fine) Minutes of the Supreme Court. , 1: 200–206. Samuel Bayard’s Notes for Fine Minutes, Dft, DNA: RG 267, General Records, Original Minutes Books; , 1: 356–60.
1. Here and below names listed in column format with braces are converted to paragraph format, with punctuation added.
2. Thomas Johnson replaced John Rutledge.
3. Philadelphia lawyer John Hallowell (1768–1839), a Quaker, studied law with Miers Fisher. , 1: 201n126.
4. On the cases discussed in these minutes: the Van Staphorst case, Oswald v. New York, the Hayburn case, Kingsley v. Jenkins, the Brailsford case, and Chisolm v. Georgia, see the editorial note “The Supreme Court: Procedures and Cases”, above.
5. A mandamus is a writ or order issued from a court of superior jurisdiction commanding an inferior tribunal, corporation, or individual to perform, or refrain from performing, a particular act, the performance of which is required by law.
6. On 8 May 1792 Congress enacted a law confirming the Supreme Court’s power to make rules in common law and equity proceedings. In indicating the practices to be followed, below, JJ is notifying members of the bar of its rule-making power. See “An Act for regulating Processes in the Courts of the United States” (, 1: 276); and , 1: 203n129. For the draft of this ruling in the hand of Samuel Bayard, with corrections in the hand of JJ, see DNA: RG 267, Records of the Office of the Clerk.