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No. 3]
THE ATTORUNEY-GENERAL AND THE CABINET
447

tions, was passed by the House in April, but got no farther than a second reading in the Senate.[1]

That this bill met Madison’s wishes, so far at least as its general principle was concerned, is probable.[2] But Madison was disturbed when he learned that his able attorney-general, William Pinkney of Maryland, was ready to resign because of the residence requirement likely to be enacted. Pinkney, in fact, did resign some months before the fate of the resolution was known,[3] for he was probably chiefly dependent on private practice in Baltimore, the city in which he resided. In accepting his resignation Madison wrote: "There may be instances where talents and services of peculiar value outweigh the consideration of constant residence; and I have felt all the force of this truth since I have had the pleasure of numbering you among the partners of my public trust. . ."[4]

When Pinkney's successor, Richard Rush, was appointed, Madison is said to have stipulated that during the sessions of Congress Rush should remain in Washington.[5]

II

William Wirt of Virginia accepted the post of attorney-general offered him by President Monroe late in October, 1817, with a clear understanding that there was nothing in the duties of his office to prevent him from carrying on general practice in Washington, where he took up his residence, or from attending occasional calls to Baltimore, Philadelphia or elsewhere, if time allowed.[6] He knew, however, that his first obligation was to Monroe and to the regular duties of his new position.

  1. Annals of Congress, op sit., pp. 766, 1114-5, 2023-2024. Cf, H. Adams, History of the United States, vol. vii, page 398.
  2. On January 29, 1814, Madison wrote to Pinkney: "On the first knowledge of the Bill, I was not unaware that the dilemma it imposes might deprive us of your associated services. . .I readily acknowledge that, in a general view, the object of the bill is not ineligible [sic] to the Executive. . ." Writings, (ed. Rives), vol. ii, page 581.
  3. January 25, 1814, according to Mosher, Executive Register, page 85.
  4. Madison's Writings, (ed. Rives), vol. ii, page {{o s|581}].
  5. S. L. Southard, A Discourse on the Professional Character and Virtues of the late William Wirt (1834), page 33.
  6. J. P, Kennedy, Memoirs. . .of William Wirt, vol. ii, page 32.