To George Washington from Timothy Pickering, 20 May 1796
From Timothy Pickering
Department of State May 20th 1796
The Secretary of State respectfully lays before the President of the U. States three papers of nominations.1 To that respecting the Spanish treaty he wished to have added a name for a commissioner for the spoliations: but is not satisfied about a suitable character.2 He has examined the Constitution of Pennsylvania & by that, the office of Mayor of Philadelphia, which comprehends the office of a judge, is incompatible with the office of a Commissioner under the U. States; and the Mayor’s office, considering that it may probably be continued in Mr Clarkson for some years, would be preferable to that of Commissioner for the Spanish spoliations. Perhaps it may be left to withhold the nominations for the Spanish treaty until the Commissioner for spoliations may be found.3 Mr Latimer informs me there is not a man at Wilmington whom he can recommend.
Mr Dexter wishes to consider till to-morrow morning, before he decides on the office of district attorney for Massachusetts: he will then write me a line.4
T. Pickering
ALS, DNA: RG 59, Miscellaneous Letters; LB, DNA: RG 59, GW’s Correspondence with His Secretaries of State.
1. The enclosed papers have not been identified, but they presumably were drafts for GW’s two letters to the U.S. Senate written on this date and his letter to the U.S. Senate dated 21 May.
2. Pickering is referring to the commissioner to be appointed under Article XXI of the 1795 treaty with Spain (see 335–37).
3. Article II, section 8, of the Pennsylvania constitution of 1790 in part reads: “No member of Congress from this state, nor any person holding or exercising any office of trust or profit under the United States, shall, at the same time, hold or exercise the office of Judge, Secretary, Treasurer, Prothonotary, Register of Wills, Recorder of Deeds, Sheriff, or any office in this state, to which a salary is by law annexed” ( 10–11). Despite constitutional concerns, Philadelphia mayor Matthew Clarkson received the nomination as commissioner to decide spoliation claims (see GW to the U.S. Senate, 21 May).
4. No pertinent letter from former Massachusetts congressman Samuel Dexter to Pickering has been identified. For the eventual nomination to fill this position, see Pickering to GW, 24 May, and n.2 to that document.