From George Washington to Charles Lee, 14 November 1796
To Charles Lee
Philadelphia 14th Novr 1796.
Dear Sir,
This letter is for your eye only—It is written for the purpose of expressing my regret for your continued absence from the Seat of the Government. Rely upon it, it is productive of unpleasant remarks, in which I must be involved. It will, indeed is, considered as making a Sinecure of the Office. To suppose there is no particular occasion for the Law-Officer of the government at the Seat of it during the recess of Congress is incorrect1—Many cases have presented themselves since the adjournment, requesting the opinion & Advice of the Attorney General2 (besides other duties marked out by the Laws)3—some points have called for your aid since I have been here—and will occur without an hours previous notice in times like the present. Let me entreat you therefore to come on without delay and to be assured of the esteem & friendship of Your Affecte
Go: Washington
ALS (letterpress copy), DLC:GW; LB, DLC:GW. No reply from Lee to GW has been found.
1. During the recess of Congress from 2 June to 4 Dec. 1796, Attorney General Lee spent considerable time in Alexandria, Va., where he had a law practice. Lee was at that place by early July 1796 and evidently remained there until late fall. John Marshall, for instance, expected Lee’s presence in Alexandria during the summer, and Lee had written Treasury Secretary Oliver Wolcott, Jr., from that city in late September (see Lee to GW, 7 July; Marshall to Henry Lee, 18 July, in , 3:35–36; and Lee to Wolcott, 27 Sept., CtHi: Wolcott Papers).
2. During the congressional recess, GW had sought the opinion of the attorney general on issues such as the appointment of an Indian commissioner, Franco-American affairs, and the recall of James Monroe as minister to France (see Cabinet to GW, 2 July 1796; GW to Lee, 6 July; Lee to GW, 7 July; and Robert Morris to GW, 23 Dec. 1796).
3. The “Act to establish the Judicial Courts of the United States,” 24 Sept. 1789, required that the U.S. attorney general “prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned,” and that he “give his advice and opinion upon questions of law when required by the President … or when requested by the heads of any of the departments, touching any matters that may concern their departments …” ( 73–93, quote on 93).