John Jay Papers
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https://founders.archives.gov/documents/Jay/01-05-02-0197

From John Jay to Thomas Johnson, 12 March 1792

To Thomas Johnson

New York 12 March 1792—

Dear Sir

I have been favored with your’s of the 3d. of last month,1 & regret the Indisposition which detained You from Philadelphia— I hope your Health has been since re-established. The then daily Expectation of an addition to my Family, and which soon after took place, prevented my attending the Sup. Court. Judge Cushing on his Return informed me that there had been a Conference on the Subject of the Circuits, & that it was expected you would attend the Southern. In a former Conference in this City, a Rotation was proposed by some of the Gentlemen— But as in the Course of the Eastern Circuit several Questions had been reserved, & it being probable that such Cases would be frequent in future, the majority of the Judges thought the Idea of Rotation inadmissible. On the other Hand, it is certain that the Burthen is unequal. In my opinion the Congress should so correct the System, as to free it from that and several other Inconveniences. I have read the Papers enclosed in your Letter— As that case will probably be brought up to the Sup. Court by writ of Error, I think it would be best for that the other Judges should in the mean Time forbear giving any opinion respecting it.— with very sincere Esteem & Regard I am Dear Sir Your most obt. & h’ble Servt.

John Jay

The Honb. Ths. Johnson Esqr

ALS, MdFre: Thomas Johnson (EJ: 02623). Addressed: “The Hon’ble / Ths. Johnson Esqr. / one of the associate Judges of the united States / Frederick / Maryland”. Endorsed.

1Letter not found.

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