106 court of appeals of maryland

residence of any definite length of time in the dis-
trict to be represented, and it was considered that
an appointee from one district might qualify for
another by mere removal to the new district.
Nicholson's commission, made out on March 26,
1806, was addressed to him as "of Queen Anne's
County." And it may be appropriate to note here
that John Johnson and John Stephen, who became,
in succession, chief judges of the first district, fill-
ing the office from 1811 to 1844, were both resi-
dents of Annapolis, in the Third District, when
appointed, but each on his appointment removed
to Price George's County.

Adams states" that President Jefferson ap-
pointed Nicholson to the bench of the federal Cir-
cuit Court, as a means of isolating_vRandolph and
depriving him of his power. There was a vacan-
cy in the position of Judge of the United States
District Court, caused by the death of Judge
James Winchester on April 5, 1806, and it is con-
ceivable that the President may have offered that
place to Nicholson, but hardly before Nicholson
had decided to accept the state appointment. On
April 9, a letter from him resigning his seat in
Congress was read to the House by the Speaker.
"I was not in the House when your letter to the
Speaker was read", wrote Randolph,¹² "but I got
it from Beckly and paid it the willing tribute of
my tears. God bless you, Nicholson." And a
week later he wrote,¹³ "Do not, I beg of you, deny
me the pleasure of contemplating your present

11. Adams, History of the United States, 1801 to 1817, III, 167.

12. Nicholson Papers.

13. Ibid.