1 He subsequently served in the state convention which ratified the federal constitution, and after the organization of the new form of government, he received on the twenty-second of December, 1789, an honourable testimony of the approbation of his fellow-citizens in being appointed judge of the district court of the United States for Maryland. The new government had just been organized, and the president displayed in his selection of persons to fill the offices, that prudence, patriotism, and sound sense which distinguished all the actions of his life. We have inserted in the life of Francis Hopkinson, an admirable letter, addressed to him on conferring judicial office, and that which he wrote to Mr. Paca, is equally worthy of preservation. They both indeed present one feature somewhat uncommon in these days, the solicitation, not to the government to grant, but the individual to accept office. General Washington's letter is dated the twenty-fourth of December, 1789, and is in the following terms: "Sir-The office of judge of the district court in and for the district of Maryland, having become vacant, I have appointed you to fill the same, and your commission therefor is enclosed. "You will observe that the commission which is now transmitted to you, is limited to the end of the next session of the senate of the United States. This is rendered necessary by the constitution, which authorizes the president of the United States to fill up such vacancies as may happen during the recess of the senate; and appointments so made shall expire at the end of the ensuing session, unless confirmed by the senate. However, there cannot be the smallest doubt, but the senate will readily ratify and confirm this appointment, when your commission in the usual form shall be forwarded to you. I presume, Sir, it is unnecessary for me to advance any arguments to shew the high importance of the judicial system to our national government, and of course, the necessity of having respectable and influential characters placed in the important offices of it. And as I have not a doubt but you are desirous of doing every thing in your power to promote the happiness and welfare of our country, I flatter myself you will accept this appointment. I am &c." In the year 1790, he held the first circuit court, with judge Blair of the supreme court, and continued in the regular and able discharge of his judicial duties from that time until the year 1799, when, in the sixtieth year of his age, and with faculties unimpaired, and a character untarnished, he fell a victim to disease, leaving to his family the inheritance of a name illustrious for the virtues of public and private life, and to his country the example of a superior mind, devoted with pure disinterestedness to the establishment of her liberties. noble task had been performed, and were, in a measure, overlooked by their compeers, whose attention was engrossed by the events of an anxious period, involving their own safety as well as the freedom and honour of their country. In such instances, however, the immediate friends of the retiring patriot have generally cherished the remembrance of such peculiarities as belonged to him; and however undiversiVOL. IV. R |