Page:The Supreme Court in United States History vol 1.djvu/154

128 that you may probably have concluded from the resignation of my Continental commission that it was my determination to remain always at home. I ask pardon for taking up so much of your time (which is always precious) and will intrude no longer than to request, if an appointment has taken place or the nomination of any person only settled in your mind, that the contents of this letter may be forever unknown (as they are at present) to any but yourself and to assure you that, if after reading this letter, you shall nominate another in preference to me, circumstances can never lessen the respectful and great esteem and veneration which I have always possessed and always shall have for your person and character. That God may long continue to preserve in perfect health of mind and body a life so inestimable as yours, not only to this country, but I may add, to the liberties of mankind in general, is the sincere and fervent wish and hope of, dear sir, your sincere and affectionate, obliged and obedient servant.

On receipt of this letter, Washington made an immediate reply, July 1, stating that it gave him **much pleasure" in tendering to Rutledge the appointment as Chief Justice, and that he had directed the Secretary of State to make out his commission (the Senate having then adjourned) and

to express to you my wish that it may be convenient and agreeable to you to accept it—to intimate in that case my desire and the advantages that would attend your being in this city the first Monday in August (at which time the next session of the Supreme Court will commence) and to inform you that your commission as Chief Justice will take date on this day (July the first when Mr. Jay’s will cease) but that it would be detained here, to be presented to you on your arrival. I shall only add that the Secretary will write to you by post and by a water conveyance also if there be any vessel m this harbor which will sail for Charleston in a few days.

The appointment, though an eminently fit one, came as a complete surprise to the public and to the Associate