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JQA Diary, volume 48 25 December 1837


Neal Millikan Gag Rule Supreme Court

25. VI. Monday. Christmas— Severe cold Night— Fair Day—

Bird Nathaniel Fillmore Millard Marvin Richard P Mitchell Charles F Peck Luther C Biddle James Cushing Caleb Johnson William Cost Lincoln Levi Pope John Taliaferro John Frye Nathaniel Smith William S. Mrs W. S. Smith

Mr Bird came here about his two claims for revolutionary services, one of which is under the charge of Mr Marvin, and the other under me. Four members from New-York, Fillmore Marvin, Mitchell and Peck, came and requested me to draw up a paper to address to their Constituents assigning their reasons for voting against the resolution for laying all abolition petitions on the table.— They said they wished to guard against the amputation of favouring abolitionism, but to adhere inflexibly to the right of Petition— I drew up accordingly a sketch of an address to the People of the State of New-York—according to their ideas— I walked out and called at Mr Fendall’s— He was at dinner, but came to me in the Parlour— I had received a note from him this morning enquiring if I had ever been, appointed a judge of the Supreme Court of the United States— I referred him to the Executive Journal of the Senate, in February 1811. 714He said that William Smith, heretofore of South-Carolina, now of Alabama, was last winter a Judge of the Supreme Court of the United States and declined accepting the appointment; and has published some newspaper effusion, in which he boasts of being the only person who ever refused that Office. Fendall said he had told Niles that he believed I had declined the same appointment but was not certain— I told him I thought it had also been declined by Thomas Johnson of Maryland; but on returning home and examining the Executive Journal I found that he accepted and held the Office about one year.— We had company to dine, Mr Frye, Mr and Mrs W. S. Smith, Messrs. Cushing, Cost Johnson, Lincoln, Pope, and Taliaferro of the House of Representatives, and Commodore Biddle.— I had invited also Commodore Hull; but he returned this day to Baltimore. Mr Cushing left with me the October number of the Eclectic Review; containing an intelligent and powerful Article upon Texas, which I read before going to bed—