The period is now arrived, when the seat of the vacant judge in the western district is to be filled. Would Colonel Carrington, do you think, be pleased with this appointment? Or are you acquainted with any professional character of fitness for the office, south of New Jersey, that would accept it?

I have had some conversation with Mr. Jay respecting his views to office, which I will communicate to you at our first interview; and this, if perfectly convenient and agreeable to you, may be this afternoon, as I shall be at home, and expect no company. I am yours affectionately.

TO JAMES MADISON.

MY DEAR SIR,

Date uncertain (10 August?), 1789.

My solicitude for drawing the first characters of the Union into the judiciary is such, that my cogitations

"That Mr. Izard, Mr. King, and Mr. Carroll be a committee to wait on the President of the United States, and confer with him on the mode of communication proper to be pursued between him and the Senate in the formation of treaties, and making appointments to offices." The committee accordingly waited on the President, and had the conference mentioned in the above letter. It does not appear, however, that the plan of communicating nominations orally was adopted in any instance, or that the President was ever present when they were considered by the Senate. See APPENDIX, No. V.

In regard to treaties, a practice was at first begun, which was not pursued. On the 21st of August, the following message was sent to the Senate. "The President of the United States will meet the Senate in the Senate chamber, at half past eleven o'clock to-morrow, to advise with them on the terms of the treaty to be negotiated with the southern Indians." He accordingly took his seat in the Senate, attended by General Knox, the secretary of war, for two days in succession, when the cutlines of a treaty proposed by the secretary were discussed. But this practice, being found inconvenient, and subject to various objections, particularly in regard to treaties with foreign powers, was soon discontinued.STORY's Commentaries, Vol. III. p. 371.

on this subject last night, after I parted with you, have almost determined me, as well for the reason just mentioned, as to silence the clamors, or more properly, soften the disappointment of smaller characters, to nominate Mr. Blair and Colonel Pendleton as associate and district judges, and Mr. Edmund Randolph for the attorney-general, trusting to their acceptance Mr. Randolph in this character I would prefer to any person I am acquainted with of not superior abilities, from habits of intimacy with him.

Mr. Pendleton could not, I fear, discharge, and in that case I am sure would not undertake, the duties of an associate under the present form of the act. But he may be able to fulfil those of the district. The salary I believe is greater than what he now has; and he would see, or it might be explained to him, the reason of his being preferred to the District Court rather than to the Supreme Court; though I have no objection to nominating him to the latter, if it is conceived that his health is competent, and his mental faculties are unimpaired by age. His acceptance of the first would depend in a great measure I presume upon the light in which the district judges are considered, that is, whether superior in rank to any State judges.

I am very troublesome, but you must excuse me. Ascribe it to friendship and confidence, and you will do justice to my motives. Remember the attorney and marshal for Kentucky, and forget not to give their Christian names. Yours ever.

DEAR SIR,

TO BENJAMIN LINCOLN.

New York, 20 August, 1789.

I informed you on the 11th instant, that a bill was before the House to provide for the expenses that might attend the treaties and negotiations to be made with the Indian tribes, and for the appointment of commissioners to be employed in the same.

This bill has to-day passed into a law, and in consequence thereof I have nominated, and, by and with the advice and consent of the Senate, have appointed you one of the three commissioners to be employed in negotiating a treaty with the southern Indians. Should you accept of this appointment, it will be absolutely necessary for you to set off for this place immediately on the receipt of this letter; for, as I mentioned in my last, the treaty is to be held in Georgia at the Rock Landing on the Ogechee River, the 15th of September, and the commissioners must leave this place on or before the 1st day of September in order to be upon the spot on the day appointed. The propriety of this punctuality will be obvious upon a consideration of the great expense, which will be incurred by detaining so large a body of Indians, as will probably attend this treaty, longer than is necessary to transact the business of the treaty. A vessel will be provided here to carry the commissioners, and every thing requisite in the business, to Georgia. The other commissioners are not yet appointed; but they will undoubtedly be such characters, as will comport with the respectability and importance of the commission. If you have a suit of regimentals, it may be well to take them with you.

Eight o'clock, P. M. I have this moment received

your letter of the 16th instant, and am happy to find, that the business of your office is in so favorable a train as you mention, and that you can leave it for a few months without inconvenience, and come on immediately. I am, my dear Sir, yours, &c.

DEAR SIR,

TO JAMES CRAIK.

New York, 8 September, 1789.

The letter, with which you favored me on the 24th ultimo came duly to hand, and for the friendly sentiments contained in it you have my sincere and hearty thanks.

My disorder was of long and painful continuance, and, though now freed from pain, the wound given by the incision is not yet closed. Persuaded as I am, that the case has been treated with skill, and with as much tenderness as the nature of the complaint would admit, yet I confess I often wished for your inspection of it. During the paroxysm, the distance rendered this impracticable, and after the paroxysm had passed, I had no conception of being confined to a lying posture on one side six weeks, and that I should feel the remains of it more than twelve. The part affected is now reduced to the size of a barleycorn, and by Saturday next, which will complete the thirteenth week, I expect it will be skinned over. Upon the whole, I have more reason to be thankful, that it is no worse, than to repine at the confine

ment.

* The collectorship of the port of Boston, to which General Lincoln had been appointed. The three commissioners appointed to make a treaty with the southern Indians were Benjamin Lincoln, Cyrus Griffin, and David Humphreys.

C*

The want of regular exercise, with the cares of office, will, I have no doubt, hasten my departure for that country from whence no traveller returns; but a faithful discharge of whatsoever trust I accept, as it ever has been, so it always will be, the primary consideration in every transaction of my life, be the consequences what they may. Mrs. Washington has, I think, better health than usual, and the children are well and in the way of improvement.

I always expected, that the gentleman, whose name you have mentioned, would mark his opposition to the new government with consistency. Pride on the one hand, and want of manly candor on the other, will not, I am certain, let him acknowledge an error in his opinions respecting it, though conviction should flash on his mind as strongly as a ray of light. If certain characters, whom you have also mentioned, should tread blindfold in his steps, it would be matter of no wonder to me. They are in the habit of thinking that every thing he says and does is right, and (if capable) they will not judge for themselves.

It gives me pleasure to hear, and I wish you to express it to them, that my nephews George and Lawrence Washington are attentive to their studies, and obedient to your orders and admonition. Those kinds of learning, which are to fit them for the most useful and necessary purposes of life, among which writing well, arithmetic, and the less abstruse branches of mathematics are certainly to be comprehended, ought to be particularly attended to, and it is my earnest wish that it should be so.

The gazettes are so full of the occurrences of a public, and indeed of a private nature, which happen in this place, that it is unnecessary, if I had more leisure than falls to my lot, to attempt a repetition.