George Washington Papers

To George Washington from George Walton, 1 April 1796

From George Walton

philadelphia, 1 April, 1796

sir,

The letter enclosed, came under cover to me from General Mathews by yesterday’s mail. In opening the latter, the seal of the former was a little injured.1

With every consideration of delicacy on my part, and of respect to the Executive of the Union on the other, I make this the occasion to mention, that, by the same mail, as well as by other conveyances, I am advised of such a general derangement of public affairs, and of appointments, in Georgia, I would willingly undertake some federal Employment.

Having long served in the Judiciary of that State, my habits and predilections are in that line; and I should have been content to have been continued on the ground I had left: but I have been excluded from the appointments, and even the Commission, for treating with the Creeks for the Oakmulgie lands, has been filled up anew.2

Under this unpleasant prospect, I am induced to offer my services to attend the Running of the Southern Boundary of the United-States, under the spanish Treaty.3 It is in truth, sir, not my wish to embarrass by this application, as I make it with doubts; and shall be content with the reasons which shall pass it by. Advancing to a declining period of my life, my principal aim in this address is, to place myself in view for service, when a fit occasion shall offer.4 With sincere attachment & respect, I am, Sir, Yr Obt Sert

Geo. Walton

ALS, DLC:GW.

Following James Jackson’s resignation from the U.S. Senate in 1795, Walton filled the vacancy under an appointment until the Georgia legislature elected Josiah Tattnall, who took his seat on 12 April 1796.

1Walton enclosed a letter from George Mathews to GW dated 7 March: “Having in some degree determined to leave the United States for a time if not forever; and knowing the just respect that is due, & paid to your Signature, I have taken the Liberty of requesting my friend Judge Walton to apply to you for such a Testimonial of my character & conduct in public appointments as Justice may intitle me to. This favor will be gratefully acknowleged” (ALS, DLC:GW; for GW’s reply, see his first letter to Mathews, 10 June). The cover letter from Mathews to Walton has not been identified.

2Walton served as chief justice of Georgia from 1783 to 1786. He again served as a state judge from 1790 until his appointment to the U.S. Senate.

The commissioners appointed by Georgia for the upcoming Creek negotiations were James Hendricks, James Jackson, and James Simms. For the negotiations at Colerain in June, see ASP description begins Walter Lowrie et al., eds. American State Papers. Documents, Legislative and Executive, of the Congress of the United States. 38 vols. Washington, D.C., Gales and Seaton, 1832–61. description ends , Indian Affairs, 1:586–620.

3Article II of the 27 Oct. 1795 treaty between the United States and Spain defined the southern boundary between the two powers, and Article III provided that each nation should appoint one commissioner and one surveyor to run and mark the boundary (see Miller, Treaties, description begins Hunter Miller, ed. Treaties and Other International Acts of the United States of America. Vol. 2, 1776-1818. Washington, D.C., 1931. description ends 319–21).

4Walton subsequently wrote GW from Augusta, Ga., on 20 Aug.: “I have lately been advised that Judge Pendleton has left this state, and that the office of District-Judge, in this District, will, of course, become vacant. Indeed, I had intimations that this would be the case before, and whilst I was at Philadelphia; and the letter I took the liberty of writing to you, previous to my leaving that place, had this event in contemplation. Should my application meet your approval, and the nomination take place, my situation in life will be bettered; and I trust, the public and individual Justice be satisfied. My residence will be in Savannah, necessarily, on account of the admiralty supervision.

“I cannot forbear to embrace the present occasion of congratulating the President of the United States on the restoration of that public confidence, so essential in the Government of free states. A confidence that was staggered for the moment by the remains of prejudices deeply imbibed against a Nation during the convulsions of a great Revolution; and which inspired involuntary horrors at any Treaty of Amity with her. But reflection and experience have already opened the doors of Discernment and good sense in the Minds of the people; and the Treaty which has been made is beginning to be considered as an auspicious œra in the history of the United States: by its power of preserving the blessings of Peace, and subduing the prejudices of men.

“Undoubtedly, Sir, I wish you much health. Tranquility will follow of course” (ALS, DLC:GW; see also Nathaniel Pendleton to GW, 30 July, and Joseph Habersham to GW, 10 Aug.).

Robert Morris wrote GW from Washington, D.C., on 13 Sept. 1796: “Altho I am very averse to interest myself about the disposition of Public Offices, yet when the Calls of Friendship operate strongly in favour of a Worthy Man, who is qualified to perform the Duties of the Station aimed at, with reputation to himself & utility to the Public, I find it impossible to resist. And it is upon these principles that I recommend my Old Colleague in Congress, Geo. Walton Esqr. to Succeed Judge Pendleton who I am informed has resigned. Mr Walton has already acted as Chief Justice of the State of Georgia, is deemed a sound good Lawyer and a very Honest Man.

“You are not unacquainted with his Public Services & consequently will give to his claim on that score the weight it deserves, I was long in Congress with him and Witnessed his exertions upon many important occasions during the War” (ALS, DLC:GW).

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