Skip to main content

To Henry Wheaton

Dear Sir

    Mr Hardin writes me, that a letter from Mr Rowan to the Governor, together with his argument in Green in Biddle, has been published, the tendency of the former being to excite the strongest prejudices agt the Court— Amongst other things, it is stated, that these great constitutional questions were decided by a minority of the Court— 3 out of 7.—  As the invalidity of the Kentucky Law was in fact decided by six Judges, will it not be well for you to insert, in a note to this Case, the opinion which was delivered in 1821 when I was1 absent from the Court? It may be proper to state also who were the Judges that composed that Court. I am Dear Sir very respectfully yr. mo. ob. Servt

Bush. Washington

Source Note

ALS, NNPM; Literary and Historical Manuscripts.

1. BW first wrote the word "not" after the word "was," but crossed it out.