From John Jay to John Marshall, 2 January 1801
To John Marshall
Albany 2 Jany. 1801
Sir
I recd. Yesterday the polite Letter wh. you did me the Honor to write on the 22d. Ult:1 enclosing a Commission2 whereby the Presidt., with the advice and Consent of the Senate, has been pleased to appoint me ch. Justice of the United States. I am very Sensible of the Honor done ^me^ by this appointmt. but (independent of other Considerations) the Incompetency of my Health to the Fatigues incident to the Office, forms an insuperable Objection to my accepting it—3 with Sentiments of Respect and Esteem I have the Honor to be, Sir, Your most obt. Servant.
P.S. I return the Commission herewith enclosed
The Honb. J. Marshall Esqr Secy of State
Dft, ICN (EJ: 13402). Endorsed: “To / Secy of State / 2 Jan. 1801 / declining office of ch. Justice”. PJMar, 6: 4.
1. Marshall to JJ, 22 Dec. 1800, above.
2. For the commission, see Commission of JJ as Chief Justice of the Supreme Court of the United States, 19 Dec. 1800, LbkC, DNA: RG 59, Misc. Permanent & Temporary Presidential Commission, 1789–1802, 380, (EJ: 13334).
3. For more on JJ and his appointment as chief justice, see the editorial note “Jay Declines a Second Appointment as Chief Justice,” above.