Skip to main content

From Richard Peters Jr.

My Dear Sir, 

     When at Washington I was unable to say, with certainty, what Since my return I can state in the most positive terms in relation to the mode of publishing the decisions of the Supreme Court, which I propose to adopt, in the Event of my being appointed to Succeed Mr Wheaton. Before I do this I beg leave to notice the circumstance communicated to me, that Mr Justice Johnston had Expressed an opinion which intimated the propriety of the Reporter being a resident in the District— The inducements to this suggestion I presume were, that the Reports might be printed with more advantage in Washington; and that in the progress of the work the publisher would have an opportunity of refering for greater accuracy to the records of the Cases Which had been decided.

     You mentioned that it did not appear to you Essential that the Reporter should consult the Records; the Court having always adopted a rule, to examinee the record of each case; and that therefore the Statements made from it by the Judge, who delivers the decision in the case were necessarily, that which alone should be reported.2 In the correctness of this veiw of the Subject I respectfully trust, all the Judges will concur; and the only conceivable cases in which references to the records by the Reporter might be proper may be when dates and similar2 particulars are stated in general terms by the Court, and private3details of them may4 be required in the report of the Case— That could5 be always obtained by him before he shall leave Washington, during or after the the Session of the Court.

     As to providing the Reports in Washington, I beg leave to say no one disproves of Economy in the work and of giving the publication the form and appearance to which it will always be entitled would have it executed there— The prices of printing in the District of Columbia are thirty and fifty per Cent beyond that of Philadelphia and New York; and I exceedingly doable if, on any terms, the Reports could be printed there in a proper manner— Of Judge Cranch's nine volumes, four only were published in Washington.

     I have already mentioned to you that I purpose to give in brief the arguments of the Counsel in each Case, and that I shall earnestly endeavor to do so in a manner entirely satisfactory to those who hold that relation to the causes— In order to do this, and for other and equally6 important objects my plan for printing the papers and it is one I know I can execute, is as follows. I will employ during the Session of the Court a complete Copying clerk, and with his aid and by my own labours I shall be able, every week during the session.. to furnish to the Printer in this City, copy for the press of the Cases decided in the presiding court, and at the end of every week of the Court, after the first, I shall receive proofs of not less than fifty pages of the work, which will be forthwith corrected and returned, and at the end of the third weeks, and regularly afterwards I shall receive perfect copies of the work as far as it shall be completed— Proceeding then during the Court at the time it may close the term the greater part of the volume will be so far complated as that the cases decided prior to within two weeks of the adjournment will have been seen by the Counsel engaged in the Causes and will have been submitted to the Every member of the Court7 before they shall go finally to the press— Nothing will interfere with the execution of this plan but its labour, and I know I can execute it; the printer has pledged himself to do his part in the manner I have stated.

     Many advantages will result from this arrangement, and among them will be, as I should hope, the Satisfaction the Judges will derive from a reperusal in type of their opinions before publication—and the convenience which the Bar will derive from the facility and cheapness of obtaining, at an early moment, the decisions of the Court in Cases where those decisions are of immediate importance and are to be used in the Courts below soon after the rising of the Supreme Court.

     Excuse the length of this letter— Should you deem it of sufficient interest I beg you will send it to the Chief Justice and to your bretheren of the Court— I am most axious that any plans I may form shall obtein their approbation and that of yourself.

     I may add that it would be highly satisfactory if Mr Wheaton shall before the Court rises, resign his situation— Should I be appointed at this time, the preparations I shall be able to make will effectually secure the execution of the purposes I have here communicated.

     I have much pleasure in informing you my father is much better. Yours with fond regard

Source Note

ADf, PHi: Cadwalader Collection. On the back of the letter Peters wrote "1827 Lr to Judge Washington March 5."

     1. Peters heavily edited the wording of this sentence. At first it read: "You expressed that in your opinion it did not appear essential that the Reporter should consult the Records; the Court having always adopted the rule, to examinee the record of each case; and that therefore the statements made from it by the Judge, who delivers the decision if the case being necessarily, that which alone should be reported."

     2. Peters initially wrote the word "such" in place of "similar" but crossed it out.

     3. After the word private Peters first wrote "reference" but crossed it out.

     4. Peters originally wrote the word "will" in place of the word "may."

     5. Peters changed the word "would" to "could" here.

     6. Peters originally wrote "more" in place of the world "equally," here.

     7. After the word "Court" Peters first wrote "for to perusal, and revision if deferred with all the advantages of being in <illegible>."