George Washington Papers

To George Washington from William Stephens, 8 August 1796

From William Stephens

Savannah—Georgia 8th Aug: 1796

Sir

Mr Pendleton, district Judge of this State, having removed with his Family, to reside in New York, of Consequence intends resigning his office.

Amongst the applications, that may be made for the appointment, It is with great deference; Sir, that I am enboldened to add to the number, that may Solicit you on this occasion. If my Situation and Character be such, as to warrant me in the application, I flatter myself, that although not having the Honour, probably of being much known to, or heard of, by you, Yet, the result of your enquiries, I trust, cannot but terminate in my Favor.

As a native of this State, whose Grand Father and Family, were amongst the first to Migrate and Settle in Georgia—I cannot but feel, for its Welfare and Dignity.

Being early Brought up in the Study of the Law, in this Country, I had the good Fortune, previous to the Revolution, to profit myself, by obtaining a more General Knowledge of the profession, by Study in the Inns of Court, Attached to Westminster Hall, and returning, entered into a Liberal practice, Shared the Vicissitudes of Fortune, with my Country, during its Greatest Troubles, and have now the happiness to see it Flourish.

If the Enjoyment of Legislative, and other Appointments by the people, and that too, unsolicited, are marks of Confidence, it is with flattering truth, I can assert, I have a full share, as well of the public, as private Testimony of my Fellow citizens. Under the protection of Providence, my circumstances are tolerably easy, but feeling, a strong desire, to be of Service to my common Country, I have not hesitated, to trespass on your time, by craving the Appointment now about to be vacant.

If then, Sir, in the exercise of your correct Judgment, in the appointment of a Judge of this District, it shall occur to you, that my Services may be adequate, it will not only be considered by me, amongst the first of Honors—and that very much heigthened, by receiving it from your hands. with sentiments, of very high Respect, I am sir yr very obt sert

Wm Stephens

ALS, DLC:GW.

William Stephens (1752–1819) was ajudge on the Georgia Supreme Court. Joseph Clay, Jr., received the appointment from GW as district judge for Georgia, but President Thomas Jefferson appointed Stephens after Clay’s resignation. Stephens then served from 1801 to 1818.

Jacob Read, U.S. senator from South Carolina, wrote GW from Philadelphia on 6 Sept.: “Mr Nathaniel Pendleton late District Judge of Georgia having quitted that State and as it is Understood resigned his Commission at the request of Mr William Stephens of Savannah I pray leave to mention him to your Excellency as a Candidate for the Vacant Seat on the District Bench.

“I have known Mr Stephens intimately from my early youth and with pleasure offer You assurances of his great Probity and respectability—I am Certain he is as well informed and as Sound a Lawyer as any at Present in the State of Georgia altho’ he is not perhaps so emminent as a Speaking Counsel at the Bar.

“Mr Stephens Studied with a Gentleman of great Ability and afterwards had the advantage of three or four Years Attendance at Westminster Hall—From his length of practice at the Georgia Bar he has had an opportunity of Maturing opinions and is not likely to be on every occasion pursuing the Uncertain guide of Individual Immagination—and rejecting precedents and long established and approved Law, to be taking up new and Undigested Opinions Call them Principles & fly in the face of all Authority and received Law which I Can Assure you is not unfrequent in this day of Innovation.

“Mr Stephens has heretofore filled the Offices of Attorney General and of Chief Judge of the State of Georgia and is at this time a Judge of the Supreme Court of that State and no man in Georgia has a greater Weight of character.

“I take leave further to Mention that Mr Stephens is a native of Georgia Son of one of the original Setlers under the Trustees of the Province of Georgia and a descendant of a very respectable English family—At the Commencement of the Revolution he Chose to relinquish forever Very flattering offers & prospects in England and under that Government—(when from his near relationship to an English Baronet of a Very wealthy & Antient family with Considerable parliamentary Interest his Success was Considered as Certain) to take part with his Countrymen—I also knew Mr stephens to be a real friend to order & good Gouvernment in the United States.

“I hope I Shall be pardoned for the length of this Letter but in Obeying the request of Mr Stephens to Present him to the Notice of the President I felt it a duty to my friend to State fully his Pretensions to the Office he Sollicits and My own knowledge of his Character & ability to fulfill the duties of the apppointment Shou’d he be so fortunate as to obtain it” (ALS, DLC:GW; see also Nathaniel Pendleton to GW, 30 July, and Joseph Habersham to GW, 10 Aug.).

Stephens was the son of Newdigate Stephens (d. 1757), who was the son of William Stephens (1671–1753), clerk to the Georgia trustees and later president of the colony. Read also probably referred to Roger Newdigate (1719–1806), fifth baronet of Harefield, a member of Parliament for many years. Newdigate was a grandson of the second baronet, Richard Newdigate (d. 1709), and the younger William Stephens was a great-grandson.

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