John Jay Papers
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https://founders.archives.gov/documents/Jay/01-05-02-0284

From John Jay to Rufus King, 22 December 1793

To Rufus King

NYork 22 Decr. 1793

Dear Sir

I purpose to go to Rye Tomorrow, & return the last of the week.

would it not be adviseable that, where Jurors are summoned by Marshalls, the Courts shd. be authorized to appoint Elizors1 in every Case in which the Court shall have Evidence to induce reasonable apprehensions of Partiality or Interest in the Marshall, and that both in public & private causes?

As the Yellow Fever may again appear next Summer at Ph[iladelphi]a.— wd. it not be proper to provide that in such an Event the Sitting of the Sup[reme]. court should be at another place? would it not also be adviseable to abolish the alternate sitting of the Circuit Court at York Town and Ph[iladelphi]a.?2 double places create double Trouble to all Parties.

The fœderal Courts have Enemies in all who fear their Influence on State Objects— it is to be wished that these Defects should be corrected quickly— if these Defects were all exposed to public View in striking Colors, more Enemies wd. arise, and the Difficulty of mending them encreased. when it is considered that the important Questions expected to arise in the Circuit Courts have now been decided in them, I can concieve of no Reason for continuing to send the Sup. Court Judges to preside in them, of equal weight with the Objections which oppose that measure—

Insinuations that unwillingness to contradict or have Disputes with Col. Hamilton & Gen. Knox keep Govr. Mifflin & Mr Jefferson silent, will find Believers among those who do not see why the authors of the last Statement should give their names to the Printers, and not to the public; especially when they are told that it was probably done to create an unfounded opinion that Mr Jefferson was a party or a Privy to it. These are circumstances which many well meaning People are not qualified to explain; but on the contrary are perplexed and ensnared into Suspicions by them. It would be a pity that a single “Hook or Loop whereon to hang a doubt” should be left.3

They who write to the public, write to the simple as well as to the wise— Yours,

John Jay

Mr King

ALS, NHi: King (EJ: 00763). Addressed: “The Honble Mr King”. Endorsed. King, Life and Correspondence of Rufus King description begins Charles R. King, ed., The life and correspondence of Rufus King; comprising his letters, private and official, his public documents, and his speeches (6 vols.; New York: 1894–1900) description ends , 1: 509–10.

1An elisor is someone appointed by a court to assemble a jury or perform other duties of a sheriff or the coroner if either is disqualified. USLegal.com.

2Congress abolished the York session of the Circuit Court for the District of Pennsylvania in May 1796. Stat. description begins The Public Statutes at Large of the United States, vols. 1–17 (Boston, 1845–73) description ends , 1: 463.

3See the unsigned statement addressed “For the American Daily Advertiser” in Dunlap and Claypoole’s American Daily Advertiser (Philadelphia), 17 Dec. 1793.

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