James Madison Papers

To James Madison from John S. West, 14 January 1807 (Abstract)

From John S. West, 14 January 1807 (Abstract)

§ From John S. West. 14 January 1807, New Bern. “In the month of October last, I had the honor to inform you that it was not my intention to continue in the office of Marshal longer than the legal period for which I had been appointed,1 but that I would continue to perform the duties thereof, if it should be found inconvenient for want of time to appoint some other person to succeed me, untill the rise of the then next Circuit Court provided a Commission was forwarded to me in due time which Commission I have received & again entered into bond and quallified. The time for which I promised to serve has passed away and I have not been informed of any other person having taken the office which places me in an awkward situation for if I receive any process returnable to a subsequent Court I may be compelled to finish it, which may keep me partially in the office for six or twelve months longer and I cannot with seeming propriety refuse to receive such precepts as may be offered me. My taking upon me again the duties of the office was intended for the benefit of the Government alone and not individual Suitors, nor is it now my intention its interest shall suffer, but I have and shall refuse any civil process where the United States are not a party that may be offered to me, for I do not consider myself bound by any promise nor by the Oath which I have taken as I all along had in view a certain period which has expired. Were the perquisites of the office adequate to the services I should have no objection to continue in it but they are not, indeed they are very far short of it. I should therefore be greatly relieved if a successor was appointed which I hope and trust will speedily be done.”

RC (DNA: RG 59, LAR, 1801–9, filed under “West”). 2 pp.; docketed by Thomas Jefferson: “West John S. Marshal of Carolina, wishes to have a successor.”

1John Adams first nominated West as marshal of North Carolina in May 1798. The Senate confirmed West’s reappointment in December 1802. Thomas Jefferson nominated John Lockhart to replace West as marshal on 15 December 1806, and the Senate confirmed the appointment two days later (Senate Exec. Proceedings, 1:278, 426, 2:45).

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