ALS as president, one page, 8 x 10, January 26, 1842. Letter to prominent Philadelphia lawyer Horace Binney, in full: "I took the liberty, on being informed of the death of Judge Hopkinson, of nominating you to the Senate as his successor to the judicial station so long and so usefully held by him. I did this without previously consulting you, upon the principle that it was every way my duty to make you a tender of the place in the only way in which it could officially be done—and to devolve upon you the privilege of declining or accepting as your own sense of what best became you to do so, should dictate. I felt also desirous of tendering you in a manner which could not be misunderstood on evidence of my own opinion of your exalted merits as a jurist, and worth as a man. In this opinion I am most happy now to inform you that the Senate has fully concur'd, and that I shall forward you as soon as it can be made out, your commission in due form. I beg you to accept my sincere wishes for your health happiness and long life." In fine condition.
A staunch anti-Jacksonian, Binney had served in the House of Representatives from 1833 to 1835 before returning to Philadelphia to practice law. On January 13th, Tyler had submitted to the Senate the nomination of Binney to be a United States judge for the Eastern District of Pennsylvania, to replace the deceased Joseph Hopkinson. Although the Senate immediately confirmed the nomination, and despite the wishes of President Tyler, Secretary of State Daniel Webster, and other members of the cabinet, Binney ultimately declined the judgeship.
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