Salem [Mass.] Jany 2. 1814
Dear Sir
I have just closed a very laborious autumnal circuit, in the course of which many highly important questions have been decided— I would send you an abstract of them, if I could command leisure just now; but my whole attention is directed to affairs connected with my departure for Washington— I shall however either bring the original opinions with me; or an abstract per your use.
I have also prepared opinions in the Glebe cases of Alexandria, & of Vermont, which you may remember were committed to me at the last February term— Whether my brethren will coincide with me in these opinions is more than I can presume even to conjecture— But I can truly say that I have scarcely met with more embarassing causes, causes which have engaged me in more extensive, antient & difficult research, sometimes after considerable labour wholly fruitless research. The opinions which I have formed are however entirely satisfactory to my own mind. I am now very clear that the Complainants are entitled to sustain their bill in equity in the cause from Alexandria; & I am for affirming the decree of the Circuit Court in substance— The opinion in this case is quite long, or I would send you a copy— I shall however wish your revision of it when we meet at W. although you do not sit in the cause, because it is so desireable in so importan<t> a question to have a distinct legal judgment— In my view of the case it has been impracticable to avoid a collision with the acts of Virginia— I have felt myself obliged to hold that in so far as these acts devested in the Church lands, they are not constitutional & cannot be supported— The only point as to which I felt a doubt at the last term, has been entirely removed by an attentive examination in the wording of the bill.
It was not until last week that I had the pleasure to read your opinion as to the unconstitutionality1 of the insolvent act of Pennsylvania— In my judgment that opinion is actively correct and founded upon the most solid & incontrovertible reasoning— The same question will go from Rhode Island to the next Supreme Court:2 & as the District Judge & myself differed, we concluded to give judgt against the Plf, who stated his intention to revise the cause in the appellate court; & I distinctly stated that my opinion was in his favour.
I wish that I could write you any thing favourable as to the state of our common country, or the feelings & views of the people of New England– There can be no reasonable doubt that a dissolution of the union is very probable. Such is the unhappy delusion here that a majority of the people seem to think that it would be the only way to save them from misery & to restore their prosperity— This is a most melancholy fact. All my attachments are to the union; & there are no sacrifices wh<mutilated> as an honest man I could make, I would not be willing to make, to preserve it. I view the present prospects therefore with the utmos<t> despondency It is in vain to disguise even from our selves that we are on the brink of a revolution— If the Hartford Convention should not recommend it, (of which I am not sure) I fear that the most we can hope will be a temporary postponement of this terrible evil— Nothing is so desireable as a union among the the considerate men of all parties— If any thing can save us, it will be this— without this union all will soon be lost, if a peace should not come— Is there no way in which the real calm federalists can be induced to unite cordially with a like class of republicans in devising measures for this most important purpose? It is painful for me to write on this distressing subject.
I fear that we shall be but indifferently accommodated at Washington his winter— I hope however that you will be able to procure us comfortable lodgings, as I understand that Tomlinsons Hotel is gone— I most earnestly hope that we w<ill> there meet under happier auspices, & have the pleasure of <Wel>coming a peace to our country. Believe me with the highest respect & esteem Your obliged & obedt Servant
Joseph Story
ALS, NjP: General Manuscripts Miscellanous Collection. Story addressed the letter to BW in Alexandria. Postmarked Salem, MA, in December; the day is illegible. BW endorsed the letter.
1. Story added the prefix "un" to the word "constitutionality" with a carat.
2. Joseph Story presided over this case for the Circuit Court for Rhode Island during the November term of 1812 and the November term of 1813, and he prepared the opinion for the case when it appeared before the Supreme Court during the February term of 1815.