From Alexander Stuart
Feby. 13th. 1813
If I should be appointed a judge of the Missouri Territory by the President & Senate of the united States; I do in that event tender this as my resignation of the office I now hold of judge in & over the Illinois Territory to take effect from the time of such appointment.1
RC (DNA: RG 59, LAR, 1809–17, filed under “Stuart”).
1. This conditional letter of resignation was enclosed in Stuart’s letter to James Monroe of 13 Feb. 1813, which expressed his interest in a judicial appointment in Missouri Territory, where he could take his slaves (DNA: RG 59, LAR, 1809–17, filed under “Stuart”; printed in Carter, Territorial Papers, Illinois, 16:298–99). Rumors had circulated in May 1812 that Stuart intended to resign the Illinois Territory judgeship to which JM had nominated him in March 1809 (PJM-PS description begins Robert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (6 vols. to date; Charlottesville, Va., 1984–). description ends , 1:22, 4:357) and were substantiated when Stuart, in his letter to Monroe, claimed that family misfortunes had increased his annual expenses to the point where they would become “very embarrassing” if he continued to live in Illinois Territory. Stuart submitted an official announcement of his resignation to JM via Monroe on 1 July 1813, and JM nominated him for a Missouri judgeship on 7 Feb. 1814 (DNA: RG 59, LAR, 1809–17, filed under “Stuart”; Senate Exec. Proceedings description begins Journal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828). description ends , 2:470).