Minutes of the Supreme Court, [5–6 August 1793]
Minutes of the Supreme Court
[Philadelphia, 5–6 August 1793]
At a Supreme Court of the United States held at Philadelphia (being the seat of the national Government) on the first Monday in August and the fifth day of the said month Anno Domini. 1793.—
Present
The Honorable John Jay Esquire Chief Justice
The Honble James Wilson, John Blair, & James Iredell Esquires, Associate Justices1
Proclamation is made and the Court opened.
Letters Patent directed to the Honorable William Paterson Esquire bearing date the fourth day of March 1793 appointing him a Judge of the Supreme Court of the United States are now openly read and published in Court.2
| Alexander Chisholm Executor of Robert Farquhar deceased |  |
In Case |
| vs. | ||
| The State of Georgia |
By virtue of an Authority from the State of Georgia directed to Alexander J. Dallas and Jared Ingersoll Esquires the said Counsellors this day appeared to shew Cause why Judgment by Default should not be entered against the said State in the above suit
Mr: Dallas moved to postpone the argument of the Cause until the next term—3
The Court agreed to hear the motion under consideration.
The Court adjourned until to morrow at 11 o.Clock.
Tuesday 6th: August 1793
Pursuant to adjournment the Court met this morning at the City Hall—
Present
The Honorable John Jay Esquire Chief Justice
The Honble James Wilson, John Blair, James Iredell, & William Paterson Esquires, Associate Justices
James Martin Esqr: laid before the Court a Writ of error issuing from the office of the Clerk of this Court and directed to the Judges of the Supreme Judicial Court of the State of Massachusetts which the Chief Justice refused to allow but which Mr: Martin contended ought to have been allowed by any Judge of the Court to whom the Writ might have been presented and prayed that it might now be allowed.
The Court having heard Mr. Martin in support of his motion were unanimously of opinion that circumstanced as this case is the Writ should not be allowed.
| Alexander Chisholm Executor of Robert Farquhar dec[ease]d. |
|
In Case |
| vs. | ||
| The State of Georgia |
By Consent of Parties expressed by their Counsel this Cause is continued to the next term.
| William Vassall complainant | |
|
On motion of the Plaintiff’s Counsel these Causes are severally continued to the next term.— |
| vs. | |||
| The State of Massachusetts | |||
| Eleazer Oswald Administrator of John Holt deceased |
|
||
| vs. | |||
| The State of New York |
On motion of the Attorney General for the admission of Ephraim Kirby, Esquire, of the State of Connecticut certificates are produced from Andrew Adams Chief Justice and Roger Sherman and Eliphalet Dyer Associate Justices of the Supreme Court of said State in proof of the good moral and professional Character of said Ephraim Kirby and of the period of his admission to practice as a Counsellor of said Court.
Ordered.
That the said Ephraim Kirby, Esquire, be admitted to practise as a Counsellor of this Court. He is accordingly sworn and admitted.4
Proclamation is made and the Court adjourned to the time and place by Law appointed.—
D, DNA: RG 267, General Records: Engrossed (Fine) Minutes of the Supreme Court. Dft, DNA: RG 267, General Records: Engrossed (Fine) Minutes of the Supreme Court.
1. Here and below lists of names rendered in column form with braces are converted to paragraph form with punctuation added. This session was brief because the court “having no business ready for trial sat only three days”. See Thomas Adams to Abigail Adams, 10 Aug. 1793, Adams Papers, MHi. The outbreak of yellow fever may also have shortened the term. : 480; , 1: 219n146.
2. William Paterson replaced Thomas Johnson, who had resigned on 16 Jan. 1793 due to ill health. For Patterson’s commission dated 4 Mar. 1793, see , 1: 91–92.
3. On the cases referred to in these minutes: Chisolm v. Georgia, Ex Parte Martin, Vassall v. Massachusetts, and Oswald v. New York, see the editorial note “The Supreme Court: Procedures and Cases,” above.
4. Ephraim Kirby (1757–1804) of Litchfield, Conn. , 1: 218n145. Andrew Adams (1737–97), also of Litchfield, was chief justice of Connecticut from 1793 to 1797.