arded a new appointment for the reasons before mentioned, until I had good grounds to believe it would be accepted. Should it be found, that the office of district judge would not be acceptable to Mr. Hanson, Mr. Paca has been mentioned for that appointment; and, although his sentiments have not been altogether in favor of the general government, and a little adverse on the score of paper emissions, I do not know but his appointment on some other accounts might be a proper thing. However, this will come more fully under consideration if Mr. Hanson should not wish to be brought forward; and, in that case, I will thank you to give me information relative to Mr. Paca.* Mr. Gustavus Scott and Mr. Robert Smith of Baltimore have also been mentioned for the office; but the age and inexperience of the latter is in my opinion an insuperable objection; for, however good the qualifications or promising the talents of Mr. Smith may be, it will be expected that the important offices of the general government, and more especially those of the judges, should be filled by men who have been tried and proved. I thank you, my dear Sir, for your good wishes for my health and happiness, and reciprocate them with sincerity. With great regard, I am, &c. * On this point Mr. McHenry answered; "I have had a long conversation with Mr. Paca. I have every reason to say, that he will make every exertion in his power to execute the trust in the most unexceptionable manner. I believe, also, that the appointment will be highly gratifying to him, and I think it may have political good consequences." · Annapolis, December 10th. He said at the same time that Mr. Han son would not serve. Mr. Paca was ultimately appointed. DEAR SIR, TO JOSEPH JONES. New York, 30 November, 1789. Your favor without date came to my hands by the last post, but not till after I had decided in favor of Mr. Cyrus Griffin, and directed the commission to be made out. In every nomination to office I have endeavoured, as far as my own knowledge extended, or information could be obtained, to make fitness of character my primary object. If with this the peculiar necessities of the candidate could be combined, it has been with me an additional inducement to the appointment. By these principles in a proper degree have I been influenced in the case of Mr. Griffin, who is not only out of office and in want of the emolument of one, but has been deprived of the former by my means, owing to an opinion, which prevailed here at the time among our countrymen, that his accepting the temporary appointment of commissioner to treat with the southern Indians would not bring him under the disqualifying act of Virginia, by which, however, it seems he has lost his station in the Council of that State, and is now entirely out of employment. This circumstance, added to the knowledge of his having been a regular student of law, having filled an important office in the Union in the line of it, and being besides a man of competent abilities, and of pure character, weighed with me in the choice; to which I was not a little influenced by the opportunity of deciding positively whether he would accept or not; for I confess I was not a little unwilling to hazard another choice, without some previous inquiry and consultation. And sufficient time to do this was not allowed me between the receipt of Colonel Pendleton's resignation, which came to this place while I was on a tour through the eastern States, and the day appointed for the session of the District Court. With very sincere esteem and regard, I am, dear Sir, &c.* DEAR SIR, TO EDMUND RANDOLPH. New York, 30 November, 1789. Your letter of the 8th of October gave me pleasure, as I not only entertain hopes, but shall fully expect from the contents of it, to see you in the office of attorney-general when the purposes mentioned by you for the delay are answered. I shall now mention some matters to you in confidence. Mr. Pendleton's declining to accept the appointment of district judge has embarrassed me, and this embarrassment was not a little increased by the lateness of the period at which (being on a tour through the eastern States) I came to the knowledge of it. When I was about to make the nominations in the judiciary for the Union, the character and abilities of Mr. Wythe did not escape me; and I accordingly consulted such gentlemen from the State of Virginia, then in this city, as I thought most likely to have some knowledge of his inclinations. Their opinion was, that, as he had lately been appointed sole Chancellor, an office to which by inclination he was led, and engaged in other avocations, which engrossed his attention and appeared to afford him pleasure, he Edmund Pendleton was first appointed district judge of the United States in Virginia; but he declined, and the office was conferred on Cyrus Griffin. would not exchange the former for a federal appointment. However, since these appointments have been announced, I have heard that it has been the wonder of some in Virginia, that Mr. Wythe should have been overlooked. The cause (if the epithet applies) I have assigned. And if there was reason to apprehend a refusal in the first instance, the non-acceptance of Colonel Pendleton would be no inducement to him to come forward in the second. To consult him through the medium of a friend there was not time, as the third Tuesday in December is the day appointed for holding the District Court in the district of Virginia, and to hazard a second refusal I was on many accounts unwilling. Under these circumstances I have, by the powers of the constitution, appointed Mr. Cyrus Griffin during the recess of the Senate. My reasons for this appointment in preference to any other, except Mr. Wythe, are, because he has, as I am informed, been regularly bred to the law, has been in the court of appeals, has been discontinued of the Council in Virginia, (contrary to the expectation of his friends here at the time, who thought that his temporary appointment as a negotiator with the southern Indians would not bring him under the disqualifying law of Virginia,) and thereby thrown entirely out of employment, and because I had it in my power to ascertain with precision his acceptance. I shall say nothing of his being a man of amiable character and of competent abilities, because in these respects some of the present judges in that State may be his equals ; but to what I have said may be added, that he has no employment now, and needs the emolument of one as much as any of them. I will not conceal from you, that two motives have induced me to give this explanation; the first, if a . favorable opportunity should present itself, is, that Mr. Wythe may, in a delicate manner, be informed of the principles by which I was governed in this business; the second, that my inducements to appoint Mr. Griffin may not, if the propriety of it should be questioned, be altogether unknown. For having in every appointment endeavoured, as far as my own knowledge of characters extended, or information could be obtained, to select the fittest and most acceptable persons, and having reason to believe that the appointments, which have been made heretofore, have given very general satisfaction, it would give me pain if Mr. Wythe or any of his friends should conceive, that he has been passed by from improper motives. I have prejudices against none, nor partialities which shall bias me in favor of any one. If I err, then, my errors will be of the head, and not of the heart of, my dear Sir, your most obedient, &c.* TO THE EMPEROR OF MOROCCO. † GREAT AND MAGNANIMOUS FRIEND, Since the date of the last letter, which the late Congress by their president addressed to your Impe * In reply Mr. Randolph said; “You may be assured, that Mr. Wythe neither wished nor expected to be the successor of Mr. Pendleton.” December 15th. Again; "I found a fortunate moment for a conversation with Mr. Wythe. He repeated what I wrote to you in answer to your favor of the 30th ultimo. Indeed he declared himself happy in believing, that he held a place in your esteem, and that he was confident you had looked towards him with every partiality, which he could wish. Nay, without going into the detail of our discourse, I am convinced from his own mouth, that the knowledge of his present situation is considered by him as the only reason of a seat on the bench not being tendered to him."- Richmond, December 23d. A treaty with the Emperor of Morocco, made by Mr. Barclay on the part of the United States, was dated the 28th of June, 1786, and ratified |