John Jay Papers

To John Jay from Francis Dana, 19 December 1792

From Francis Dana

Cambridge Decr: 19th. 1792—

Sir

The Marshal of this District delivered to the Justices of the Supreme Judicial ^Court^ of this Commonwealth, while on their ^late^ Circuit, a Writ of Error issued out of the Supreme Court of the United States, bearing date the 12th. day of August last, directed to “the Judges of the Supreme Court holden in and for the State of Massachusetts.”

This Writ not being directed to our Court, we are of opinion that we cannot regularly to take notice of it: but at the same time being desirous to manifest a proper respect for the Supreme Court of the United States, we acquaint them with the reason of our not making any return upon ^it^ or certifying the record and process in the suit therein mentioned. viz. ^[in margin] —the Case of Stephen Hooper Pl[ain]t[iff]. vs Tho. Pagan Def[endan]t.^1

If the Supreme Court ^of the United States^ upon further Consideration shou’d be of opinion, that a Writ of Error lies in the case in question, and shou’d issue a new Writ in due form, [directed to the Justices of the Supreme Judicial Court of the Commonwealth of Massachusetts]2 We shall then give the question a due ^deliberate^ consideration and act in conformity to the result of it. I have the honour to be I am Sir, with great respect & esteem Sir, Your most obedient humble Servant,

FM DANA
Chief Justice of the Supreme Judicial Court
of the Commonwealth of Massachusetts

Honble John Jay Chief Justice of the Supreme Court of the United States

Dft, MHi: Dana, Dana Court Records (EJ: 13127).

1On Hooper v. Pagan, see the editorial note “The Supreme Court: Procedures and Cases,” above.

2Brackets included in original text.

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