Thomas Jefferson Papers
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From Thomas Jefferson to the Senate, 22 March 1804

To the Senate

To the Senate of the United States

I nominate William Johnson of South Carolina to be an associate justice of the supreme court of the US. in the place of Alfred Moore resigned.

John Samuel Sherburne of New Hampshire to be District judge of the district of New Hampshire.

Jonathan Steele of New Hampshire to be Attorney for the US. in the district of New Hampshire.

Joseph McIlvaine of New Jersey to be Attorney for the US. in the district of New Jersey.

Jonathan Russell of Providence in Rhode island to be Consul for the US. at Tunis.

William H. Burr of New Jersey to be collector of the district and Inspector of the revenue for the port of Burlington vice Moses Kempton.

Joseph Winner of New Jersey to be collector of the district and Inspector of the revenue for the port of Great egg harbour vice Alexr. Freeland.

William Fisher of Virginia to be Collector1 for the district of South Quay.

Benjamin Tupper of Ohio reciever of public monies at Marietta.

Willyss Silliman of Ohio Register of the land office at Zanesville.

Thomas Van Swearingan of Ohio, Reciever of public monies at Zanesville.

Th: Jefferson

Mar. 22. 1804.

RC (DNA: RG 46, EPEN, 8th Cong., 1st sess.); endorsed by a Senate clerk, with an “x” added at each entry except Swearingen’s. PoC (DLC); check mark added by TJ at each entry. Notation in SJL: “nominations civil.”

Joseph mcilvaine of Burlington replaced William S. Pennington as U.S. attorney for New Jersey after Pennington resigned to accept an appointment to the state supreme court (Pennington to Madison, 8 Mch., in DNA: RG 59, RD; endorsed by TJ: “resigns office of Distr. Atty. N.J.”). Writing to Madison from Washington on 19 Mch., Ebenezer Elmer and other members of New Jersey’s congressional delegation recommended McIlvaine as “cordially attached to the present administration.” Their letter also enclosed a statement from several members of the state legislature, dated Trenton, 1 Mch., that declared McIlvaine to be “decidedly in favour of the present Administration” and asked that their recommendation be communicated to the president (both in DNA: RG 59, LAR; 1 Mch. letter endorsed by TJ: “McIlvaine Joseph. to be Distr. Atty N. Jersey v. Pennington resd.”).

Lewis Harvie presented TJ’s nominations to the Senate on 22 Mch. The Senate consented to the first eight nominations on 24 Mch. and to the remaining three on the 26th (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 , 1:466-7).

1Word written over “Inspector of the revenue.”

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