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Washington [413]

By Root 25712 0
on Broad Street, with four justices present; its first session lasted only ten days. When Associate Justice William Cushing arrived in a British-style judicial wig, he was jeered in the streets and had to return to his residence for a more pedestrian wig. In the beginning, the Court lacked the majesty it would later attain and often seemed like an institution in search of a mission. Because of the newness of the federal judiciary, appeals had yet to percolate up from lower courts, resulting in little work at first. The Court’s early procedures now seem quaintly antiquated. Instead of issuing written opinions, justices handed them down verbally from the bench without an official reporter to record decisions.

WASHINGTON’S ACCOMPLISHMENTS as president were no less groundbreaking than his deeds in the Continental Army. It is a grave error to think of George Washington as a noble figurehead presiding over a group of prima donnas who performed the real work of government. As a former commander in chief, he was accustomed to a chain of command and delegating important duties, but he was also accustomed to having the final say. As president, he enjoyed unparalleled power without being autocratic. He set out less to implement a revolutionary agenda than to construct a sturdy, well-run government, and in the process he performed many revolutionary acts.

Starting from scratch, Washington introduced procedures that made his government a model of smooth efficiency. Based on the fleeting mention in the Constitution that he could request written opinions from department heads, he created an impressive flow of paperwork. Jefferson noted that he would forward them letters he received that fell within their bailiwick, then asked to peruse their replies. They would gather up daily bundles of papers for his approval. Although this briefly delayed replies, Jefferson explained, “it produced [for] us in return the benefit of his sanction for every act we did.”37 This paper flow also meant that Washington was “always in accurate possession of all facts and proceedings in every part of the Union and . . . formed a central point for the different branches; preserved a unity of object and action among them,” and enabled him to assume personal responsibility for all decisions.38 Besides giving him a spacious view of the executive branch, this practice also kept his cabinet members on a tight leash. Jefferson noted that, however open-minded Washington was in asking for opinions, he took umbrage when offered unsolicited advice—the technique of someone who wanted to set the agenda and remain in control.

Among his department heads, Washington encouraged the free, creative interplay of ideas, setting a cordial tone of collegiality. He prized efficiency and close attention to detail and insisted that everybody make duplicate or even triplicate copies of letters, demanding clarity in everything. Once he upbraided an American diplomat in Europe by saying, “I will complain not only of your not writing, but of your writing so illegibly that I am half a day deciphering one page and then guess at much of it.”39 He wanted to be able to sit at leisure and compare conflicting arguments. Through his tolerant attitude, he created a protective canopy under which subordinates could argue freely, but once decisions were made, he wanted the administration to speak with one voice. Understanding the intellectual isolation of the presidency, he made sure that people didn’t simply flatter him. He told Henry Lee, “A frank communication of the truth . . . respecting the public mind would be ever received as the highest testimony of respect and attachment.”40 Washington grew as a leader because he engaged in searching self-criticism. “I can bear to hear of imputed or real errors,” he once wrote. “The man who wishes to stand well in the opinion of others must do this, because he is thereby enabled to correct his faults or remove prejudices which are imbibed against him.”41 The one thing Washington could not abide was when people published criticisms of him without first

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