Skip to main content

From Archibald McClean

Sir

     I have just received by yesterday’s mail your favor of the 15th instant.

     I attended at Clarksburg Chancery court last month and had my answers filed to the bills of Tomlinson and Cresap. I have employed Mr. A. Caldwell of Wheeling and Mr J. H. Samuels of Parkerisburg as counsel. Mr Doddridge promised to meet me there and give me his final answer whether he would undertake for me; but the answers were drawn and filed before he arrived. He requested an examination of the papers to make up his mind. After some hesitation he at length declined engaging for me, with an assurance that he would not act against me. He offered some advice and has behaved in so friendly a manner in the case, that with your approbation I will give him a small fee.

     In our answers we only refer to the former special verdict in the case of Tomlinson. Mr Doddridge is of opinion that it ought to be made a part of the answers & we should insist that the judgmt of the court of appeals covered the whole ground and bars the chancellor’s jurisdiction. My attorneys are of opinion that by making it part of our answers we admit the truth of the facts found in that unfavorable verdict, and should the plea of nonjurisdiction fail, the admission would be injurious to our cause.

     At all events they thought it best to take time to consider; and should it be deemed advisable we could avail ourselves of it by amending the answers. I shall be glad to have your judgment on that subject with any other advice which you shall think important after you shall have perused copies of the answers, for which I have written to Clarksburg with an intention of forwarding them to you as soon as I shall get them.

     Our attorneys rather express a confidence of success. And as far as I can collect the opinion of Mr Doddridge I think it is in our favor.

     You did not inform me in your letter whether you had yet consulted Mr Wickham, and if so, what his opinion is. Respectfully yours

Arch. McLean

Source Note

ALS, ViU: Notable Families of Virginia, Washington Family Papers. This letter is marked "Free."