V. Key to the Arrangement of Interim Nominations
[before 6 Jan. 1802]
the first 17. (ending with Alger) are on resignation, declining or death.
Lewis. marsh. of Del. vice Hamilton who had accepted a state office & it was understood did not wish to be continued
Claiborne. Gov. Missipi. v. Sarjeant. time expired. not renewed because of his unpopularity, & malpractice
the next 21. from Graham to Jacob Lewis inclusive, were vacancies unfilled, or newly occurring.
the next 21. from Sherbourne to Buchanan are midnight appointments.
de la Motte
|are restorations to offices they had formerly held, & were removed from for political principles, or to make room for political principles.
Cathalan was appointed by Dr. Franklin during the revolution, & has served us faithfully & zealously ever since. Yznardi was appointed by Genl. Washington among the first consuls, no native asking the place. he has served with great zeal.
de la Motte was an early and good appointment by Genl. Washington
Jones & Humphreys on particular grounds clear of blame
|in addition to the delinquency of the first 6. the necessity of providing republican marshls. & attornies as barriers for the citizens against the federalism of the courts, was a sufficient cause of removal.||Randolph. marsh. of Virginia, packing juries & pecuniary default|
|Hall. marsh. Pensylva. packing juries|
|Mc.Dowell. Marsh. Kentucky for multiplied extortions, proved of record|
|Hopkins marsh. of Maryld pecuniary default.|
|Lowry. marsh. of Jersey|
|Harrison atty of N.Y.|
|Giles Marshl. of N.Y.|
|Bell collector of Perth Amboy. removed as a revolutionary tory.|
|Dunham Supervisor of N.J. for habitual & beastly drunkenness & open debauchery.|
|Collector of Hampton for pecuniary default.|
|Wilkins Collector of Cherrystone for do.|
|Powel Commissioner of loans Georgia for do.|
|Williams. Consul at London. for never rendering any account tho’ expressly instructed & great sums thus passed through his hands2|
|John Lee. Collector of Penobscot||removed to make room for participation|
|Chester. Supervisor of Connecticut|
|Whittlesey Collector of Middleton Connect.|
|Fish. Supervisor of N. York||removed on the principle of participation.|
|Sands Collector of N. York|
|Miller Supervisor of Pensylva.|
|<Williams. Consul at London.>|
Jones. Consul at N. Orleans. Jones was an insignificant federalist. Clarke a federalist, but of extreme worth, & omnipotent influence at N. Orleans
Humphreys. Min. Plen. at Madrid. Humphreys was withdrawn for no particular blame but on a rule established in Genl Washington’s time & communicated to Humphreys on his appointment that no foreign minister would be continued more than 6. or 7. years. he had been absent just 7. years when Genl. Washington went out of office.
|17.||cases of resignation & death.|
|2.||expirations of appointment|
|21.||vacancies unfilled by the former administration|
|6.||restorations to former office|
|12.||removals for default|
|3.||do. of Marshals & attornies for others to counterpoise the federalism of the courts|
|6.||removals to give some participation of office to republicans|
PrC (DLC: TJ Papers, 120:20748–9); undated; with summary of positions at foot of text letterpressed separately, evidently providing a synopsis of TJ’s second key to the arrangement of the nominations (see below).
12 Are For Default: TJ listed 15 names here, including Thomas Lowry, Richard Harison (Harrison), and Aquila Giles. TJ often placed them in other categories, as he did in his second key to appointments described below. In his personal lists of appointments, TJ indicated that Lowry was removed “on general principle” and Harison “on genl. principle of havg. republicn. officers where the court is federal.” Giles was “one of the midnight renewals” removed on “mixed grounds,” including “money delinquency” (Vol. 33:673, 675, 678). Collector of Hampton: William Kirby (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 , 1:216–17). In an undated list of appointments and removals, probably completed in May 1802, TJ named only eight who were removed for “malversation” or misconduct (Vol. 33:668–70).
On a separate sheet, TJ listed, by last name only, 17 officers replaced due to resignation, appointment declined, promotion, or death; 2 removed for expiration of term or commission; 21 appointed to fill vacancies or new positions; 21 removed as midnight appointments; and 6 “restorations to former office.” TJ designated 12 removals for misconduct; he named Randolph, Hall, McDowell, Marsh, Fitch, Hopkins, Bell, Dunham, Wilkins, Powell, and Williams and left a blank space for Kirby’s name. Lowry, Harison, and Giles appear as a separate category with their positions as “marshal,” “Attorney,” “Marshal” appearing, respectively, by their names, the only case where this is done. They are followed by the 6 names, as above, designated as “removals to give some participation in government to those who had been systematically excluded.” The list concludes with Jones and Humphreys (PrC in DLC: TJ Papers, 120:20750; entirely in TJ’s hand). Counterpoise the Federalism of the Courts: this entry for three marshals and attorneys connects this summary of appointments and removals with the list of the last names of the officers described above in this paragraph rather than the key to the arrangement of the nominations printed above.
It is possible that TJ sent Wilson Cary Nicholas, who appears to have served as the president’s contact in the Senate on interim appointments, one or both of the manuscripts as keys to the arrangement of the nominations (TJ to Nicholas, 26 Jan. 1802).
1. TJ interlined this and the preceding figure “12” over canceled and illegible numbers.
2. Entry interlined by TJ.