Minutes of the Supreme Court, [4–20 February 1793]
Minutes of the Supreme Court
[Philadelphia, 4–20 February 1793]
At a Supreme Court of the United States held at Philadelphia (being the Seat of the National Government) on the first Monday in February and the fourth day of the said Month 1793.
Present
The Honorable John Jay Esquire Chief Justice.
The Honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices1
Proclamation is made and the Court opened.
| Alexander Chisholm Citizen of the State of South Carolina and Executor of Robert Farquhar of the same State deceased |
 |
In Case |
| vs. | ||
| The State of Georgia |
The Court agree to hear the Attorney General to morrow in support of his motion in this Cause made at the last term.2
They assign Thursday next for hearing the Arguments in the Cause of Ebenezer Kingsley and others vs. Thomas Jenkins removed into this Court by Writ of Error from the Circuit Court for Massachusetts district.
| Edward Talfair Esqr. Governor of the State of Georgia in behalf of said State |
|
Bill in Equity |
| vs. | ||
| Samuel Brailsford & alis. |
On Affidavit filed stating the inability of James Spalding a person summoned to attend the Court as a witness in this Cause Mr. Dallas of Counsel for the State of Georgia moved the Court that a Commission be awarded to take the Deposition of said James Spalding to be read as evidence in this suit
The Court informed Mr. Dallas that they would hold his motion under advisement and acquaint him with their determination after hearing the Argument and when they should deliver their opinions on the demurrer filed in this cause.—
A Return was this day made of the Commission awarded by this Court in the case of Jacob and Nicholas Van^s^taphorst vs. the State of Maryland with the depositions and other papers accompanying the same
Ordered, That the said Commission be opened and together with the papers sent to this Court filed in the Clerks Office.
James Martin Esqr: this day applied to the Court for permission to be sworn to the truth of a certain deposition accompanied by certain papers offered to the Court intended as he suggested as the foundation of a motion for a writ of error to be directed to the Supreme Judicial Court of the State of Massachusetts.
The Court on perusal of the deposition with the papers annexed thereto refused the said application until certain expressions contained in the deposition offered imputing corrupt motives to the Judges of the said Supreme Court of Massachusetts be expunged.
The Court adjourned until to morrow at eleven o:Clock.—
Tuesday, 5th: February 1793
Pursuant to Adjournment
The Honorable John Jay Esqr: Chief Justice.
The Honble William Cushing, James Wilson, John Blair, James Iredell Esqrs., Associate Justices
This day met at the City-Hall
| Alexander Chisholm Executor of Robert Farquhar dec[ease]d | |
In Case |
| vs. | ||
| The State of Georgia |
The Court proceeded to hear the Attorney General in support of his motion in this cause but considering that no appearance had been entered on the part of the State of Georgia and regarding the question involved in the suit as highly important suggest to the Counsellors of the Court that if any are disposed to offer their sentiments on the subject now under Consideration the Court are willing to hear them.
Proclamation being made the Court adjourned till tomorrow at eleven oClock.
Wednesday. 6th. February 1793
Pursuant to adjournment the Court met this Morning at the City-hall
Present
The honorable John Jay Esqr: Chief Justice.
The Honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs: Associate Justices
Proclamation is made and the Court opened.
The Court proceeded to hear the Argument in the Cause of Edward Telfair &ca. in behalf of the State of Georgia vs. Samuel Brailsford & others and having heard Counsel postpone the further hearing of the same until to morrow.
The Court adjourn until tomorrow at eleven o.Clock.
Thursday, 7th: February 1793
Pursuant to Adjournment the Court met this morning at the City-Hall
Present
The honorable John Jay Esqr: Chief Justice.
The Honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs: Associate Justices
| Edward Telfair Governor of Georgia in behalf of said State | |
Bill in Equity |
| vs. | ||
| Samuel Brailsford & als. |
The Court proceeded to hear the further Argument of this Cause but the Counsel concerned not having finished the same it is adjourned until tomorrow at eleven o.Clock.
Friday, 8th. February 1793
Pursuant to Adjournment the Court this morning met at the City-Hall
Present
The Honorable John Jay Esqr: Chief Justice
The honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs:, Associate Justices
| Edward Telfair Governor of Georgia in behalf of said State | |
Bill in Equity |
| vs. | ||
| Samuel Brailsford & als. |
The Court having heard the further Argument of this cause adjourn until tomorrow at eleven o.Clock.—
Saturday, 9th: February 1793
Pursuant to Adjournment the Court met this Morning at the City=hall
Present
The Honorable John Jay Esqr: Chief Justice
The Honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs, Associate Justices
On motion for the admission of James Martin Esqr: the Attorney General of the United States laid before the Court certain printed Lists of Attornies in the Island of Jamaica (belonging to Great Britain) for several years with certain Certificates in proof of Mr: Martin’s Citizenship in the State of New-York and of his admission to practice as a Counsellor in the Courts of Chancery and of the Supreme Court of the said State; also sundry letters in proof of the good moral and professional Character of Mr. Martin on which grounds the Attorney General moved for the admission of Mr. Martin to practice as a Counsellor of this Court— The Court informed the Attorney General that they would hold his motion under consideration.
| Edward Telfair Governor of Georgia &ca. | |
Bill in Equity |
| vs. | ||
| Samuel Brailsford & Als. |
The Argument of this cause was continued and this day was concluded.—
| Ebenezer Kingsley & Als. | |
In Error from Massachusetts |
| vs. | ||
| Thomas Jenkins |
The Court proceeded to hear the argument of this Cause but the Counsel not having finished the same the Court adjourn until Monday next at eleven o:Clock.
Monday, 11th. February 1793
Pursuant to adjournment the Court met this Morning at the City=hall
present
The Honorable John Jay Esqr: Chief Justice.
The honble William Cushing, James Wilson, John Blair, & James Iredell Esqrs: Associate Justices
The Court proceeded to hear the further Argument of the Cause of Ebenezer Kingsley and others vs. Thomas Jenkins but the same not being finished the further hearing of it is postponed until tomorrow at eleven o:Clock to which time the Court adjourn.
Tuesday, 12th: February 1793
Pursuant to Adjournment the Court met this Morning at the City-hall
present
The honble William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices
Proclamation is made and the Court opened.
The Chief Justice being prevented by indisposition from attending Court this day the Justices present adjourn for the further hearing of the argument in the case of Ebenezer Kinglsey & ali vs. Thomas Jenkins until tomorrow at eleven o:Clock.
Wednesday, 13th. February 1793
Pursuant to adjournment the Court met this morning at the City-hall
Present
The Honorable John Jay Esqr: Chief Justice
The honble William Cushing, James Wilson, John Blair, & James Iredell Esqrs, Associate Justices
The Counsel in the Case of Ebenezer Kingsley and others vs. Thomas Jenkins proceeded in their argument but not having closed the same The Court adjourn for the further hearing of the said argument until to-morrow at eleven o.Clock.
Thursday, 14th: February 1793
Pursuant to adjournment the Court met this morning at the City-hall
present
The Honorable John Jay Esqr: Chief Justice
The honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs, Associate Justices
The Court this day informed Mr: Martin (whose admission as Counsellor of this Court was moved for the Attorney General on Saturday last) that as it appears that the Supreme Judicial Court of the State of Massachusetts have declined admitting him to practice as a Counsellor of that Court on the ground of his not appearing to that Court to be a Citizen of either the United States and his having refused to be naturalized This Court will not thus incidentally determine so important a question as that involved in the motion of the Attorney General above referred to.
James Martin Esqr: having expunged from the deposition offered to the Court on Monday the 4th: instant certain expressions reflecting on the Conduct of the Judges of the Supreme Court of the State of Massachusetts offers the same with the papers annexed and prays to be sworn to the truth of the said deposition as the ground of a Writ of Error to be directed to the aforesaid Judges to remove to this Court a certain proceeding on which an erroneous Judgment is stated to have been given by the Judges of the said Supreme Court to the prejudice of the rights of the said James Martin Esqr: as a Citizen of the United States.
Ordered.
The said James Martin Esqr: be sworn to the truth of the said deposition and that it be filed with the papers annexed in the Clerks Office.
| Ebenezer Kingsley & others | |
| vs. | |
| Thomas Jenkins |
The Counsel concerned proceeded in the argument of this Cause but not having finished the same The Court adjourn for the further hearing of the said argument and tomorrow at eleven o.Clock.
Friday, 15th: February 1793
Pursuant to adjournment the Court met this morning at the City=hall
Present
The Honorable John Jay Esqr. Chief Justice
The honble William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices
| Ebenezer Kingsley and others | |
| vs. | |
| Thomas Jenkins |
The Counsel concerned proceeded in the Argument of this Cause and finished the same on this day.
The Court announce that on Monday next they will determine the question agitated in the Case of Alexander Chisholm Executor of Robert Farquhar dec[ease]d. vs. The State of Georgia— Whether either of the United States can be made a defendant in an Action at the suit of one or more individuals of another State?
The Court adjourned until tomorrow at eleven o:Clock.—
Saturday, 16th: February 1793
Pursuant to adjournment the Court met this morning at the City-Hall.
Present
The Honorable John Jay Esqr: Chief Justice
The honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices
| Thomas Pagan | |
| vs. | |
| Stephen Hooper |
Mr: Tilghman of Counsel for the Plaintiff moved for a second writ of Error in this Cause to remove the proceedings had in the same before the Supreme Judicial Court of the State of Massachusetts:
The Court having heard a Copy of the Record in this Case and ^having^ considered the same are of opinion that the Writ applied for ought not to be granted.
The Court adjourn until Monday at eleven o:Clock.
Monday, 18th: February 1793
Pursuant to adjournment the Court met this morning at the City-Hall.
present
The honorable John Jay Esqr: Chief Justice
The honble William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices
| Alexander Chisholm | |
In case |
| Executor of Robert Farquhar dec[ease]d. | ||
| vs: | ||
| The State of Georgia |
The Court proceeded severally to give their opinions on the order moved for in this Cause on Saturday the 11th. August 1792 and argued by the Attorney General on Tuesday the 5th: instant.
On motion of the Attorney General
Ordered, that the consideration of the form of the order to be entered in this action be postponed until tomorrow.
Proclamation is made and the Court adjourned until tomorrow at eleven o.Clock.
Tuesday, 19th: February 1793
Pursuant to adjournment the Court met this morning at the City-Hall
Present
The Honorable John Jay Esqr: Chief Justice
The honble William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices
| Ebenezer Kingsley & ali. | |
Error from the district of Massachusetts |
| vs. | ||
| Thomas Jenkins |
The Court having heard and considered the arguments of Counsel in this Cause,
Order,
That the Judgment below of the Circuit Court for the District of Massachusetts in the said Cause be affirmed with costs—
| Alexander Chisholm Executor of Robert Farquhar dec[ease]d. |
|
In case |
| vs. | ||
| The State of Georgia |
On Argument Ordered that the Plaintiff in this Cause do file his Declaration on or before the first day of March next.
Ordered, That certified Copies of the said declaration be served on the Governor and Attorney General of the State of Georgia on or before the first day of June next.
Ordered, That unless the said State shall either in due form appear or shew cause to the Contrary in this Court by the first day of the next term Judgment by default be entered against the said State.
The Court adjourn until tomorrow at eleven o:Clock.
Wednesday, 20th: February 1793
Pursuant to adjournment the Court met this morning at the City=hall
Present
The Honorable John Jay Esqr. Chief Justice
The Honble. William Cushing, James Wilson, John Blair, & James Iredell Esqrs., Associate Justices
On motion of Mr. Rawle for the admission of Samuel Roberts Esqr. Certificates of his having practiced as a Counsellor of the Supreme Court of Pennsylvania and of having sustained a good professional and moral Character were produced by Mr: Rawle The Court order that Mr. Roberts be admitted as a Counsellor of this Court and he is affirmed accordingly.3
| Edward Telfair Governor of the State of Georgia &ca. | |
Bill in Equity |
| vs. | ||
| Samuel Brailsford & others |
On Argument the Court are of opinion that if the State of Georgia has a right to the bond in controversy her remedy is by action at Law They direct that the injunction continue until the next term and then be dissolved unless the State shall sooner bring the said Action.
| William Grayson & others | |
Bill in Equity |
| vs. | ||
| The State of Virginia |
On motion by Mr. Rawle so amend the bill filed in this suit
Leave is given by the Court to amend.
On motion, new process is awarded in this cause
| Eleazer Oswald surviving Administrator of John Holt dec[ease]d. | |
Summons in case |
| vs. | ||
| The State of New York |
Proclamation having been previously made in the Words following “any person having authority to appear for the State of New-York in the above suit is required to appear accordingly” Thereupon it was moved by Mr: Cox of Counsel for the plaintiff and ordered by the Court that unless the said State appear by the first day of the next term to the above suit or shew cause to the contrary that Judgment be entered by default against the said State.
Proclamation having been made the Court is adjourned to the time and place by Law appointed.
D, DNA: RG 267, General Records: Engrossed (Fine) Minutes of the Supreme Court. , 1: 206–17. Samuel Bayard’s Notes, Dft, DNA: RG 267, General Records: Original Minutes Books; , 1: 361–72.
1. Here and below names rendered in columns with braces are converted to paragraph form with punctuation added.
2. On the cases discussed here, Chisolm v. Georgia, Kingsley v. Jenkins, Georgia v. Brailsford, Van Staphorst v. Maryland, Ex Parte Martin, Pagan v. Hooper, Grayson v. Virginia, and Oswald v. New York, see the editorial note “The Supreme Court: Procedures and Cases,” above, and notes.
3. Samuel Roberts (1763–1820), a Philadelphia Quaker, who after his admittance to the Supreme Court bar moved to Lancaster, Pa. , 1: 216n142.