Your Letter of the 30th of May reached me this morning— I believe the general impression of the Judges has been, that all acts reqd to be done by the Court, are to be done in term— I have hitherto acted upon that construction of the Laws, though I confess myself not perfectly satisfied with it— I should distinguish between acts strictly judicial, & those which are ministerial. When the Law requires "the Court" to do any act of the former kind, I have interpreted it to mean during a Session of the Court; when of the latter kind I should think the term "the Court" satisfied by interpreting them to mean the Judges composing the Court— I think the appointment of the Clerk a ministerial act; & I see no reason why it might not upon principle be done by the Judges in vacation as well as in term. There is great inconvenience in construing the act so that no appointment can be made except in term, because the process of the court may be arrested for a whole year, if the vacancy occurs in vacation— If the other Judges were inclined, I should hazard an appointment in vacation— But as my own construction has practically gone the other way, & as some of our Brothers will probably object for peculiar reasons I incline to yield to the opinion,¹ which you intimate, & leave the vacancy until next term to be filled— What is to be done in the mean time in case of Mr C.'s death I know not.

I was written to by Mr R. B. Lee a short time ago for the appointment in case of a vacancy— I was surprised at the request, as I scarcely know him— He had previously written, as he stated, to Judge Duvall— My answer was very short, that I had already expressed an opinion in favor of another Gentleman—but I did not state, who that Gentleman was.

Mr Griffith will have my decided vote— I think the appointment of young Mr Caldwell would be utterly unjustifiable— He has neither the learning experience, nor talents requisite for the station— Mr Griffith has all these— As to Mr R. B. Lee I know little; but I should imagine from that little, that he was not qualified at all— I am glad to find this is also your opinion.

My Circuit is not yet over— There has been but little business to be done—as far as I have gone—when it is over I shall write you a summary as usual— I am very truly & affectionately your obliged friend