qualified candidates. From Virginia, the names most prominently mentioned were Edmund Pendleton, George Wythe, Arthur Lee and John Blair. Of his perplexity in choosing, Washington wrote to James Madison:[1] "My solicitude for drawing the first characters of the Union into the Judiciary is such that my cogitations on the 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 Judge, and Mr. Edmund Randolph for the Attorney General, trusting to their acceptance. Mr. Randolph I would prefer in this character 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 fulfill those of the District. The salary, I believe, is greater than what he now has; and he would see, or it
- ↑ Washington, X, letter of Aug. 10, 1789; Arthur Lee had applied for appointment, May 31, 1789 (see letter in Library of Congress), as follows: "It is not without apprehension of presuming too much on the favor you have always shown me that I offer you my services as a Judge of the Supreme Court which is now establishing. The having been called to the Bar in Westminster Hall after five years study at the Temple and having practised the law there for some time are the ground, Sir, on which I presume to ask your protection. I quitted the line of the law in England, where much was to be expected from the pursuit of it and with the fairest prospects, at the moment my country called upon me to aid in supporting her violated rights. With what fidelity I discharged the trust she reposed in me, the records of the Office of Foreign Affairs will show. To return to the profession I had chosen, in a station not unbecoming those in which I have acted, is my most earnest desire. It would be an additional satisfaction to be distinguished by your appointment, Sir, and to assist in distributing equal justice to a well-governed people." As to this letter Washington, writing to Madison in Aug., 1780, said: "What can I do with A(rthur) L(ee)? He has applied to be nominated one of the Associate Judges; but I cannot bring my mind to adopt the request. The opinion entertained of him by those with whom I am most conversant is unpropitious; yet few men have received more marks of public favor and confidence than he has. These contradictions are embarrassing."
