Early Governors' Papers

Knoxville 12 March 1818

Dear Sir

Your favor of the 12 ult came to hand at least to this place when I was absent in the Cherokee Nation, or it would have been answered long since.

I discover no difficulty in making the appointment refered [sic] to in your letter, mr. Sterling Lester will therefore be appointed. And commission^d accordingly.

By reference to the 3^d section of an act entitled an "act to provide for the trial of causes in the Circuit Courts popsd [sic], Nov 13^th 1817, It will be discovered, what is the duty of the Judges and Executive. It is already known that there are causes depending in some of the Circuit Courts in east Tennessee, that will require Exe =cutive interferance, but to what extent, I will be unable to say until Judges Emmerson & Scott, bring their Circuits to a close, which will be about the 1^st May. I will then ^now ask

able to live without the means of making money either by my practice or something else I am constrained to solicit said appointment from your Excellancy [sic] (as it will be sufficient for the support of my fami -ly untill [sic] my health may by the kindness of heaven be restored) if your Excellancy [sic] should be of opinion that I am possessed of the Escential [sic] qualifications necessory [sic] to the discharge of the important duties devolving on a Judge or at least in as great a proportion as my worthy friend the other applicant I shall hope to receive the Appointment at your Excellances [sic] hands I am informed that he has porcured [sic] some Gentlemen of the Bar of West Tennessee to petition you on the subject this would ^not have ^been done if they had known I would have been an applicant, as to the comporitive merit or qualifications of Mr Isacks and myself I refer you to his Honor Judge Scott General Parsons Mr. Secretary Alexander and Matthew Nelson Esq and where there is not a great disparity in tallents [sic] a mans friend ought to be

Jonesborough May 4.^th 1818

Sir

Judge Scott promised me before I left Knoxville to report to you the cases adjourned to the Special Court from the first Circuit, but as it may be possible that he may not be able to obtain the names of the Parties I have thought it safest to subjoin a list of them which you will find below

Yrs resp^y

Tho: Emmerson

From Hawkins County - John Cooke vs David Stuart & others John Hall vs David Stuart -

From Campbell County - James R. Rogers vs Robert Burton & others

James White vs [Embree?] Caviat

An order was made directing the forgoing causes to be Transfered [sic] to the special Court. But they were omitted in the list Transfered [sic] to your Excellency: I have now forward them to the end that they may be inserted in the Proclamation.

I am your ob^t Sev^t

[Elvr?] Scott 31st Aug^t 1818

To His Excl^y Jos: M^cMinn

Execution; I have myself thought and yet do think that when the vaue of the goods Stolen are taken into consideration together with the Circumstances above alluded that it might be correct remit the Lashes =

Under these impressions & without presuming to dictate, I think that no harm can arise to the community from remitting the remaining corporal punishment nor can I see any benefit to arise from the infliction thereof - Permit me then Sir to recommend his case as one proper for the inteference of Executive clemency = I w.^d speak something of other matters but will not intrude on your time at as it must be precious at this particular juncture

I have the Honor to be your Excellencys Fr^d. & H^e Ser.^t

E [M?] Scott