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R. R. LIVINGSTON AND G. MORRIS TO JAY. 127
permitting the several courts to appoint their own clerks,
while on the other hand great inconveniences must arise
from suffering them to be independent of such Courts, and
of consequence frequently ignorant, always inattentive.
Neither had we the most distant idea that a clause of this
sort could meet with your disapprobation since you was so
fully of the opinion to appoint by judges of the Supreme
Court not only clerks but all other civil officers in the
government.
As to what you mention about the licensing of Attornies
there might perhaps be a propriety in permitting one court
to do this drudgery for the rest if we could agree upon the
proper court, but as the Gentlemen who preside in each
may think themselves qualified to determine as well upon
the abilities of the several advocates as upon the merits of
the causes advocated, it will not be quite easy to persuade
them that they have not an equal right with others to say
who shall and who shall not be entitled to practice.
The division of the State into Districts was in your own
opinion as you will well remember improper as a part of
the Constitution and only to be taken up by the Legislature.
If this opinion was well founded there can be no great evil
in the omission. Neither had you any ground to suppose
that we would go into the Connecticut Plan of holding up
which we have declared to be in our opinion inconvenient
whom were prominent lawyers, was composed of Messrs. Jay, Hobart, Smith,
Duer, Morris, Livingston, Broome, Scott, Abraham and Robert Yates, Wisner,
DeWitt, and Townhsend. According to Jay's biographer, Chancellor Kent,
and others, the first draft of the Constitution was presented in Jay's handwriting, and reflected the committee's mature deliberations. That he devoted
much attention to it himself and stamped it largely with his own views is
evident from the debate in the Convention and his letter of April 29, 1777.
During the debate changes were made and amendments adopted. Jay, for
example, moved the substitution of the ballot for the previous viva-voce method
of electing representatives ; he also proposed the Council of Appointment for
the nomination of civil officers. Morris, Livingston, Scott, and others figure
in the proceedings.
| Title | The correspondence and public papers of John Jay - 1 |
| Creator | Jay, John |
| Type | Books/Pamphlets |
| Title | 00000158 |
| Type | Books/Pamphlets |
| Transcript | R. R. LIVINGSTON AND G. MORRIS TO JAY. 127 permitting the several courts to appoint their own clerks, while on the other hand great inconveniences must arise from suffering them to be independent of such Courts, and of consequence frequently ignorant, always inattentive. Neither had we the most distant idea that a clause of this sort could meet with your disapprobation since you was so fully of the opinion to appoint by judges of the Supreme Court not only clerks but all other civil officers in the government. As to what you mention about the licensing of Attornies there might perhaps be a propriety in permitting one court to do this drudgery for the rest if we could agree upon the proper court, but as the Gentlemen who preside in each may think themselves qualified to determine as well upon the abilities of the several advocates as upon the merits of the causes advocated, it will not be quite easy to persuade them that they have not an equal right with others to say who shall and who shall not be entitled to practice. The division of the State into Districts was in your own opinion as you will well remember improper as a part of the Constitution and only to be taken up by the Legislature. If this opinion was well founded there can be no great evil in the omission. Neither had you any ground to suppose that we would go into the Connecticut Plan of holding up which we have declared to be in our opinion inconvenient whom were prominent lawyers, was composed of Messrs. Jay, Hobart, Smith, Duer, Morris, Livingston, Broome, Scott, Abraham and Robert Yates, Wisner, DeWitt, and Townhsend. According to Jay's biographer, Chancellor Kent, and others, the first draft of the Constitution was presented in Jay's handwriting, and reflected the committee's mature deliberations. That he devoted much attention to it himself and stamped it largely with his own views is evident from the debate in the Convention and his letter of April 29, 1777. During the debate changes were made and amendments adopted. Jay, for example, moved the substitution of the ballot for the previous viva-voce method of electing representatives ; he also proposed the Council of Appointment for the nomination of civil officers. Morris, Livingston, Scott, and others figure in the proceedings. |
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