WILLIAM CUSHING 1 TO JAY. - John Jay, The Correspondence and Public Papers of John Jay, vol. 3 (1782-1793) [1891]
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The Correspondence and Public Papers of John Jay, ed. Henry P. Johnston, A.M. (New York: G.P. Putnam’s Sons, 1890-93). Vol. 3 (1782-1793).
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WILLIAM CUSHING TO JAY.
Newcastle (Del.), Tuesday, Oct. 23d, 1792.
Dear Sir:
I have rubbed along as well as I could without you. We had two jury cases at Trenton, and there we took up the matter of invalids—there being no determination upon the subject in that district before, the Judges not having the Statute there last term. Mr. Morris was strong in favor and I was not opposing; so we acted as Commissioners and sent our certificates accordingly (without making any entry in the book about it) to the Supreme Secretary of War. At Yorktown [York, Pa.] but one jury cause, which was short. There had been depending about six and twenty actions, but rather than go 90 miles from Phila for trial, the parties had settled about twenty of them; one was tried as aforesaid, and four continued by agreement to next term for trial at Philadelphia. There we had nothing to do with the pension list; the like I suppose will be the case in all places this side the Delaware.
We had a tolerable road to Yorktown, but somewhat cut with waggons a considerable part of the way, but worse on our return by reason of some rains which fell. Some excellent inns on that road. Two indictments were found at Yorktown—one for an insult upon one of the foreign ministers by serving process upon his servant for a debt of about 5 s.; the other for a violent assault of about 50 persons, in disguise, upon an inspector’s office in the western part of Pennsylvania.
Mrs. Cushing is with me now on the route to Dover, a fine road south of Philadelphia. I am in strong hopes of the pleasure of seeing you soon, and that your health is fully restored as I heard of your riding abroad sometime ago. I hear of causes to be tried in Maryland, and in Virginia, of above a hundred, which will require both your sedateness and sagacity. At the same time I would not have you risk your health for a thousand of them. I mean [to go] from Easton in Maryland for Kent—and thence across the Chesapeake, an 8 or 9 mile ferry, to Annapolis; then to the federal city, perhaps buy a house lot there, and so onward to Richmond.
Mrs. Cushing joins in the most sincere regards to you, Mrs. Jay, and family.
I have the honor to be, with sincere respect and esteem, Sir,
Your most obedient servant,
William Cushing.
Justice, Supreme Court of the United States. He was associated with Jay in his circuits, but was now alone in consequence of the latter’s temporary illness. Jay started on his southern circuit, September 17th, but inflammation of the eyes soon obliged him to return to New York, where he remained until early in the following year (1793) before he heard cases at Philadelphia and Richmond.
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