'¢In my nominations of persons to fill offices in the Judicial department, I "have been guided by the importance of the object. Considering it as of the 'first magnitude and as the pillar on which our political fabric must rest, I have ' endeavored to bring into the high offices of its administration such characters ** as will give stability and dignity to our National Government, and I persuade 'myself they will discover a due desire to promote the happiness of our country 'by a ready acceptance of their several appointments."

Mr. Duane was much gratified at this appointment, as it was given him by WasurnerTon, and without solicitation on his part. Indeed, until the nomination was made he does not appear to , have been informed that it was contemplated. He was sworn into office on the 14th October, 1789, before Chief Justice Morris. His first Jury Court commenced in January, 1790, and his charge to the Grand Jury presents a concise account of the extent and distribution of the judicial power of the United States, as well as a statement of the crimes of which the jury had cognizance, and their general duties.

On the 27th November, 1790, his father-in-law, Col. Livingston, died, and if we may judge from the correspondence between them for a period of thirty years, he lost one whom he reverenced as a parent and who esteemed him with affection and pride as an elder and accomplished son.

For about five years Judge Duane continued to execute the duties of his last office earnestly endeavouring to fulfil the. wishes of Wasutneron, and the still higher object of satisfying his enlightened conscience. Most» of the questions that came before him he was familiar with, so that this office was less: burthensome to him than any he had held for many years.