Minutes of the Supreme Court, [3–18 February 1794]
Minutes of the Supreme Court
[Philadelphia, 3–18 February 1794]
At a Supreme Court of the United States holden at the City of Philadelphia, the same being the present Seat of the National Government, on the first Monday in February and on the third day of said Month 1794.—
Present
The Honorable John Jay Esquire Chief Justice
The honble William Cushing & James Wilson Esqrs., Associate Justices1
A sufficient number of Justices to constitute a Quorum not being this day convened, the Court is adjourned until tomorrow at 11 o:Clock.—
Tuesday, 4th: February 1794
Pursuant to adjournment the Court met this day at the City-hall
present
The Honorable John Jay Esquire Chief Justice
The honble William Cushing, James Wilson, & William Paterson Esqrs., Associate Justices
Proclamation is made and the Court opened.
Letters patent bearing date the 28th day of January 1794 from the President of the United States constituting William Bradford of Pennsylvania Attorney General of the United States are now openly read and published in Court.
Letters patent bearing date the 28th: day of January 1794 from the president of the United States appointing David Lenox2 Marshall for the Pennsylvania District are now openly read and published in Court.
On motion of the Attorney General of the United ^States^
James Winchester of the State of Maryland, Thomas P. Carnes of the State of Georgia, and William Edmund of the State of Connecticut3 are severally admitted to practice, as Counsellors of this Court and sworn to support the Constitution of the United States.—
| The State of Georgia |  |
The Pleadings in this Suit are this day filed and issue joined between the parties to the same.4 |
| vs: | ||
| Samuel Brailsford |
On Motion of Mr. Tilghman of Counsel for the Defendant to amend, leave is given, with the Consent of Counsel for the plaintiff, to insert the names of Robert William Powell and John Hopton as Co-defendants with Samuel Brailsford in the argre^e^ment and pleadings filed as above mentioned and in the Venire issued in said suit.
The Jury impanneled and summond in the above suit being called do now appear to wit
| 1 John Leamy | 7 Owen Foulke junior |
| 2 Joseph Anthony | 8 Robert Smith |
| 3 Samuel Hodgdon | 9 Robert Ralston |
| 4 Joseph Ball | 10 Reynold Keen |
| 5 Mathew Mc.Connell | 11 Hugh Lenox |
| 6 Thomas Ewing | 12 John Stille |
and are severally sworn or affirmed to try the issue joined between the said parties and a true Verdict to give according to evidence.
Mr: Dallas of Counsel for the plaintiff having opened the Cause, the Court adjourn for the further hearing of Counsel in the same until tomorrow at 11 o.Clock.—
Wednesday, 5th: February 1794.—
Pursuant to Adjournment the Court this day met at the City-hall
present
The Honorable John Jay Esquire Chief Justice
The honble William Cushing, James Wilson, John Blair, & William Paterson Esqrs., Associate Justices
Mr: Edmund of Counsel for John Chandler a Citizen of the State of Connecticut this day moved for a Mandamus to the Secretary of War for the purpose of directing him to cause the said John Chandler to be put on the Pension List of the United States, as an invalid pensioner, conformably to the Order and Adjudication of the Honorable James Iredell and Richard Law Esquires, Judges of the Circuit Court of the United States:—
The Court informed Mr. Edmund that when the trial of the Cause now before the Court should be finished they would hear him in support of his motion.—5
| The State of Georgia | |
The Court having heard Mr. Tilghman of Counsel for the Defendants adjourn for the further trial of the Cause until to morrow at 11 o.Clock.— |
| vs | ||
| Samuel Brailsford & ali. |
Thursday, 6th: February 1794.—
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, & William Paterson Esqrs, Associate Justices
On motion of Mr. Tilghman— John C. Wells6 is admitted to practice as an Attorney of this Court and is affirmed to support the Constitution of the United States.
| The State of Georgia | |
The Counsel proceeded in the trial of this Cause, but not having finished the same the Court adjourn until tomorrow at 11 o.Clock.— |
| vs. | ||
| Samuel Brailsford & als. |
Friday, 7th. February 1794
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, & William Paterson Esqrs., Associate Justices
| The State of Georgia | |
The trial of the present Cause was this day concluded— the Jury retired for a few minutes and on their return to the Bar by their Foreman Reynold Keen say they find a Verdict for the Defendants.— |
| vs. | ||
| Samuel Brailsford &als. |
The Court proceeded to hear Mr. Edmund on the subject of his motion made on the 5th. instant and agreed to hold the same under Advisement.
The Court adjourn until tomorrow at 11 o.Clock.—
Saturday, 8th: February 1794.—
Pursuant to adjournment the Court this day met at the City Hall
Present
The Honorable John Jay Esquire Chief=Justice
The Honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs, Associate Justices
| Alexander S. Glass & others Appell[an]ts: | |
Appeal from the Circuit Court for the District of Maryland. |
| vs | ||
| The Sloop Betsey & Cargo & Capt. pierre Arcade Johannene |
The Court, on motion of Mr. Winchester, proceeded to hear the arguments of Counsel on the present appeal.
By an Agreement this Day filed the procters in behalf of the parties to the above suit consent that all exceptions to the manner of the appeal be waved and that the same shall be argued and decided on the Case as disclosed upon the face of the Record.—
The Court adjourn until Monday at 11 o.Clock
Monday, 10th: February 1794.—
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, and William Patterson Esqrs, Associate Justices
| Alexander S. Glass & others | |
The Court this day heard Counsel on this appeal and for a further hearing of the said Appeal adjourn until to morrow at 11 o.Clock.— |
| vs. | ||
| The Sloop Betsey and Cargo & Capt. pierre Arcade Johannene |
Tuesday, 11th: February 1794
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs, Associate Justices
| Alexander S Glass & others | |
The Court having heard Counsel in this appeal adjourn for the further hearing of the same until tomorrow at 11 o:Clock. |
| vs | ||
| The Sloop Betsey & Cargo & Capt. pierre Arcade Johannene |
Wednesday, 12th: February 1794
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs., Associate Justices
| Alexander S. Glass & others | |
The Court continued this day to hear Counsel in the present appeal, and adjourn until tomorrow at 11 o.Clock.— |
| vs | ||
| The Sloop Betsey & Cargo & Capt. Pierre Arcade Johannene |
Thursday, 13th: February 1794
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs., Associate Justices
The Court proceeded to hear argument of Counsel on the motion of Mr. Edmund for a mandamus to the Secretary of War made on Wednesday the 5th. instant.
| United States | |
| vs | |
| John Hopkins Esqr: |
On motion of Mr. Tilghman the Court grant a rule to shew cause friday next why a Mandamus should not issue directed to John Hopkins Esquire Commissioner of Loans for the District of Virginia requiring him to admit Richard Smyth to subscribe to the Loan proposed by the United States in and by an act of the Congress of the United States entitled “An Act supplementary to the Act making provision for the debt of the United States” passed the 8th: day of May 1792 a certain certificate for the sum of 23,454 Dollars 76 Cents issued by the Commonwealth of Virginia bearing date prior to the 1st. day of January 1790 which Certificate after having been paid into the Treasury of the said Commonwealth was re=issued thereout in pursuance of an Act of the legislature of the said Commonwealth passed the 26th: day of December 1792.—
| Alexander Chisholm Exor of Robert Farquhar dec[ease]d. | |
The Attorney General moved the Court that Judgment be entered for the Plaintiff in this suit agreeably to the rule heretofore made in the same. |
| vs. | ||
| The State of Georgia |
The Court adjourn until tomorrow at 11 o.Clock
Friday, 14th February 1794
Pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief=Justice
The Honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs, Associate Justices
The Court having taken into consideration the motion of Mr. Edmund of the 6th instant, and having considered the two Acts of Congress relating to the same, are of opinion that a Mandamus cannot issue to the secretary of War for the purposes expressed in the said motion.—
| Alexander Chisholm Exor of Robert Farquhar dec[ease]d. | |
| vs. | |
| The State of Georgia |
Alexander James Dallas & Jared Ingersoll Esquires having this day shewn cause why Judgment should not be entered against the state of Georgia in the above suit and the Court having duly considered the same are unanimously of opinion and accordingly direct that Judgment be entered in the said suit in favor of the plaintiff and on motion of the Attorney General do award a Writ of Enquiry to ascertain the Damages sustained by the said plaintiff by reason of the breach of promise and other defaults of the Defendant.
| The State of Georgia | |
Bill in Equity |
| vs. | ||
| Samuel Brailsford & als. |
On Motion of Mr. Tilghman, it is ordered by the Court that the bill filed in this suit be dismissed, and that the injunction issued in the same be dissolved with Costs.—
| The State of Georgia | |
Amic. Action in Case |
| vs. | ||
| Samuel Brailsford & als. |
On Motion of Mr. Tilghman, it is ordered by the Court that Judgment for the Defendants be entered in the above suit.
| Ebenezer Kingsley & als. | |
Error from the District of Massachusetts. |
| vs. | ||
| Thomas Jenkins |
On motion of Mr. Lewis it is ordered by the Court that a special mandate do issue to the Circuit Court for the Massachusetts District in pursuance of the Act of Congress in such Case made and provided commanding the said Court fully to execute and carry into effect a Judgment heretofore obtained by the aforesaid Defendant against the said plaintiffs in Error in the Circuit Court aforesaid.—
| United States | |
The Attorney General proceeded to shew cause why a mandamus should not issue against the Defendant in the above suit. |
| vs. | ||
| John Hopkins Esqr. |
The Court adjourn until tomorrow at 11 o.Clock.—
Saturday, 15th February 1794.—
pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esquire Chief Justice
The Honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs., Associate Justices
On motion of Mr. Lewis, the Honorable Samuel Dexter of the State of Massachusetts is admitted to practice as a Counsellor of this Court & sworn to support the Constitution of the United States.—7
| United States | |
| vs. | |
| John Hopkins Esqr. |
On motion by Mr. Tilghman made on Thursday the 13 instant for a Mandamus to be directed to the Defendant commanding him to do and execute the several matters and things set forth in the rule aforesaid the Court after argument and full Consideration are of opinion that the right claimed by the petitioner in the present case does not appear sufficiently clear to authorise the court to issue the Mandamus moved for.
The Court adjourn until Monday next at 11 o.Clock.—
Monday, 17th: February 1794.—
pursuant to adjournment the Court this day met at the City=Hall
present
The Honorable John Jay Esquire Chief=Justice
The honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs., Associate Justices
| United States | |
Amicable Action on the Case |
| vs. | ||
| Yale Tod |
The Pleadings; and agreement of the Attorney General of the United States and the Attorney for the defendant being read and filed; and the Case argued and the Court having ^also^ taken the same into Consideration are of opinion that Judgment be entered for the plaintiff in the above suit.
The court adjourn until tomorrow at 11 o.Clock.—
Tuesday, 18th: February 1794
pursuant to adjournment the Court this day met at the City Hall
present
The Honorable John Jay Esqr: Chief Justice
The honble William Cushing, James Wilson, John Blair, & William Patterson Esqrs, Associate Justices
| Alexander S. Glass & als. | |
| vs | |
| The Sloop Betsey & Cargo & Capt. pierre Arcade Johannene |
The Court this day published their final decree in the present appeal which being read & approved it is ordered that the same be registered: It is also further ordered that an exemplification of the same be transmitted to the Circuit Court for the District of Maryland.
Proclamation being made the Court adjourn to the time and place by Law appointed.—
Saml Bayard Clk
D, in the hand of Samuel Bayard, DNA: RG 267, General Records: Engrossed (Fine) Minutes of the Supreme Court. , 1: 219–29. Bayard’s notes, Dft, DNA; RG 267, General Records, Original Minute Book; , 1: 375–80.
1. Here and below lists of names rendered in columns with braces are converted to paragraph format with punctuation added.
2. Philadelphia merchant David Lenox (1753–1828), former army officer and aide de camp to Anthony Wayne. , 1: 220n148.
3. Baltimore attorney and later Maryland district court judge James Winchester (1772–1806); Thomas Peters Carnes (1762–1822), who practiced law in Maryland and then in Georgia, was at this time a member of the House of Representatives from Georgia; and William Edmund (1755–1838) of Newtown, Conn. , 1: 220nn149–151.
4. On the Brailsford v. Georgia case and the other cases referred to in these minutes: Ex Parte Chandler, Glass v. Sloop Betsey, U.S. v. John Hopkins, Chisolm v. Georgia, Kingsley v. Jenkins, and U.S. v. Yale Todd, see the editorial note “The Supreme Court: Procedures and Cases,” above. The jury members for the Brailsford case were: John Leamy (c. 1756–1839), merchant; Joseph Anthony (1738–98), merchant; Samuel Hodgdon (c. 1745–1824), former Quartermaster General; Joseph Ball (c. 1755–1821), merchant; Matthew McConnell (1748–1816), merchant and stockbroker; Thomas Ewing, merchant; probably Owen Foulke (1763–1808), Quaker merchant; Robert Smith, merchant; Robert Ralston (1761–1836), gentleman; Reynold Keen (Keene) (1738–1800), merchant and alderman; Hugh Lenox, merchant; John Stille (1739–1802), merchant tailor, all of Philadelphia. These were selected from a larger list of 48 prospective jurors, almost all merchants, to serve on the jury for the Brailsford case, the only reported Supreme Court jury trial, though there were a few others in the 1790s for which no reports were prepared. See , 6: 154–55; 227–30, 247–49. For JJ’s charge to the petit jury of 7 Feb. 1794, see below.
5. The court declined to issue the mandamus; see the minutes for 13 and 14 Feb. 1794, below.
6. Philadelphia lawyer, John Craig Wells (d. before 1817), a Quaker. , 1: 223n153.
7. Samuel Dexter (1761–1816), of Charlestown, Mass., a congressional delegate from Massachusetts. , 1: 228n156.