Richmond June 17th 1822
My dear Sir
On the same day that I wrote to you a few hours after sending my letter to the post office I received yours marked the 26th of May. I must apologize if I can for having so long omitted to answer it.
When I read it I supposed it would require an attentive perusal of the record in the case of Reynolds & Wallers exrs to satisfy your enquiries and as I was then engaged in a very weighty cause & thought the term would not be of long continuance I put by the letter & postponed the enquiry to the close of the session. It was of much longer duration than I expected & at its termination which was on wednesday last I was charged with a long record containing several intricate points which I have just settled. As soon as this business was finished I went to the chancery office to attend to yours & was a little surprised at finding that I might have completed it at any time in five minutes.
There is no mistake in your report of the case. The chancellors decree does not contain the error for which it is reversed. After setting aside the contract & directing the restoration of the certificate with interest he adds “or if that certificate cannot be restored deliver to the plaintiff other certificates of the same kind and of equal value, with like interest.” The chancellor makes no provision for the event of there being no other certificates of the same kind & of equal value, & therefore the court of appeals supposes that in that case the appellant must have paid the nominal amount in specie. But this inference is not drawn by the Chancellor, & the fact was that there were other certificates of the same kind & of equal value in abundance. Had there been another court to which the cause might have been carried the chancellors decree woul<d I> think have been affirmed.
I reproach my self for not having looked earlier into this case since your enquiry would have been so readily answered, & assure you that I feel at all times great pleasure in rendering you any service in my power.
I regret your indisposition & hope your health is by this time perfectly restored with sincere & affectionate esteem. I am your
J. Marshall
ALS, DLC: John Marshall Papers. Marshall addressed the letter to BW at Mount Vernon. The letter was postmarked in Richmond, on June 18. BW endorsed the letter.