In September 1789, President
George Washington nominated Johnson to be the first
federal judge for the District of Maryland, but he declined the appointment. In 1790 and 1791, Johnson was the senior justice in the Maryland General Court system. In January 1791, President Washington appointed Johnson, with
David Stuart and
Daniel Carroll, to the commission that would lay out the federal capital in accordance with the
Residence Act of 1790. In September 1791 the commissioners named the federal city "The City of Washington" and the federal district "The Territory of
Columbia". On August 5, 1791, Johnson received a
recess appointment from Washington as an
Associate Justice of the United States Supreme Court, to the seat vacated by
John Rutledge, and was
sworn into office on September 19, 1791. Formally
nominated to the position on October 31, 1791, his appointment was confirmed by the
United States Senate on November 7, 1791. Johnson was the author of the Court's first written opinion,
Georgia v. Brailsford, in 1792. He served on the court until resigning on January 16, 1793, citing his poor health. Johnson suffered very poor health for many years, and cited it in declining Washington's 1795 offer to nominate him for
Secretary of State, as
Thomas Jefferson had recommended. He managed to deliver a eulogy for his friend George Washington at a birthday memorial service on February 22, 1800. On February 28, 1801, President
John Adams named Johnson Chief Judge for the
District of Columbia; he was confirmed for the post, but declined the appointment. == Later years, death and legacy ==