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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO EDMUND RANDOLPH. - George Washington, The Writings of George Washington, vol. XI (1785-1790) [1891]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. XI (1785-1790).

Part of: The Writings of George Washington, 14 vols.

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TO EDMUND RANDOLPH.

Dear Sir,

Impressed with a conviction, that the due administration of justice is the firmest pillar of good government, I have considered the first arrangement of the judicial department as essential to the happiness of our country, and to the stability of its political system. Hence the selection of the fittest characters to expound the laws, and dispense justice, has been an invariable object of my anxious concern.1

I mean not to flatter when I say, that considerations like these have ruled in the nomination of the attorney-general of the United States, and that my private wishes would be highly gratified by your acceptance of the office. I regarded the office as requiring those talents to conduct its important duties, and that disposition to sacrifice to the public good, which I believe you to possess and entertain. In both instances I doubt not the event will justify the conclusion. The appointment I hope will be accepted, and its functions, I am assured, will be well performed.

Notwithstanding the prevailing disposition to frugality, the salary of this office appears to have been fixed at what it is, from a belief that the station would confer preëminence on its possessor, and procure for him a decided preference of professional employment. As soon as the acts, which are necessary accompaniments of the appointment, can be got ready, you will receive official notice of the latter. This letter is only to be considered as an early communication of my sentiment on this occasion, and as a testimony of the sincere regard and esteem, with which I am, &c.1

[1 ]As early as July 10th Washington had talked with Cyrus Griffin, of the Virginia delegation, on the judiciary and customs appointments in Virginia, and appeared anxious to know if Edmund Pendleton, George Wythe, Lyons, or John Blair would prefer a federal to a State appointment. Edmund Randolph was also suggested, but no mention was made of particular offices for the person to be named. Late in July or early in August, the President wrote to Madison that he had determined to nominate Mr. Blair and Colonel Pendleton as associate and district judges, and Randolph as Attorney-General: “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.” Pendleton declined to serve, and Cyrus Griffin was named in his place.

[1 ]Randolph’s private affairs and his incompleted revision of the laws of the State, were urged as reasons for delaying an acceptance of the office.

In announcing their appointments to the associate judges of the Supreme Court, Washington wrote, 30 September, 1789: “Considering the judicial system as the chief pillar upon which our national government must rest, I have thought it my duty to nominate for the high offices in that department, such men as I conceived would give dignity and lustre to our national character; and I flatter myself that the love, which you bear to our country, and a desire to promote general happiness, will lead you to a ready acceptance of the enclosed commission, which is accompanied with such laws as have passed relative to your office.” Five days later he inclosed a commission to John Jay, appointing him Chief Justice, and added: “In nominating you for the important station, which you now fill, I not only acted in conformity to my best judgment, but I trust I did a grateful thing to the good citizens of these United States; and I have a full confidence, that the love which you bear to our country, and a desire to promote general happiness, will not suffer you to hesitate a moment to bring into action the talents, knowledge, and integrity, which are so necessary to be exercised at the head of that department, which must be considered as the key-stone of our political fabric.”