Richard Morris to John Jay, 12 July 1777
Claverack, July 12 th 1777
Good Sir
Three days ago going through the constitution and makeing Marginal notes for my own convenience I was greatly Surprized when I came to the 23 d Sec n . to find that the Judges and the Chancellor did not make a part of the Councill for the Appoint t . of Officers which I always thought they did and I must Confess I neither see the propriety or Necessity for their App t . by the Convention unless they had been by Office named of that Councill–with Submission to your Better Judg t : I much Doubt the Validity of the Appointments by the 24 th . Sec n ., the Gov r . is to Commission, The Commission will declare the Tenure. Will the Governor Commission Contrary to the Constitution, if he will not, is it not Necessary that the Appointment of the Judges Should be Conformable to the 23 d . Section, it may be Answered the Necessity of the times Called for Judges, Admitt it, but will they not be Considered as Judges pro tempore, and will not the Councill for App t . appoint de Novo. I make no doubt the Appointment will amount to an Approbation of the present Appointment. 1
Since I last saw you by Conversation with some of my friends and yours, I find they are Averse to putting the Secretary and Clerk into one Hand. 2 I also find that the tenure of the Secretarys Office will depend upon the Councill of Appointment. (And as it is not to be presumed they would Lessen their Own importance) I am Inclined to think it will be Annual at most Triennual, in the Present state of things I can by no Means think of Embarrassing myself with the care of the publick Records I find my Budgets with the Necessarys for myself and family Quite Unweildy Enough.– From these Several Considerations I am Come to the Determination of Adhereing to my first Resolution of Holding no Office Whatever which I informed the Congress of the Last year at Harlem with my Reasons.– 3 I am much Obliged to you for your particular Attention to me and my family in this instance and Shall Remember it with pleasure and Gratitude. I am Afraid our Affairs to the North have been very Ill Conducted and I much fear I shall be Obliged to move again my son is up at fort Edward with our Militia which makes my Attendance at Home Absolutely Necessary Otherways I should have seen you at Esopus and have talked this Matter Over– My best Respects to M rs . Jay and all friends that with you I sincerely wish you and them Health and Success and am Sir with Real Esteem Your Most Obedient Hum l . Serv t .
Ri d . Morris
John Jay Esq r .