To Richard Peters
Washington Jany 28. 1827
My dear Sir
Your letter of the 5th has remained unanswerd to this late period, partly in consequence of a severe cold which confined me to my room, and prevented me from consulting with my brethren on the subject to which you referred, and partly on account of the interesting questions which have been discussed (amongst these, the validity of the state bankrupt laws) which have engaged my whole attention both in & out of Court, when my time has not been otherwise occupied.
The information which it contains relating to your own health, relieved me from much anxiety which reports in this place had incited on that subject. It was stated that the wound you had recieved, could not be healed, and that it had greatly affected your general health. I am truly happy to find that this was altogether a mistake, and that you anticipated, at the time you wrote, a speedy release from your tedious state of confinement, which to a person of your active habit must have been very severly felt.
My own health is much improved since I saw you, altho' my respiration has been rendered more laborious than it was in consequence of the cold which I soon contracted after reaching this place. In addition to this, I have been prevented, by the inclemency of the weather, from exercising on horse back, or even on foot, from either of which, particularly the first, I have derived great benefit. My appetite however is very fine, and, with the favour of Heaven, I trust that the Journeying which I contemplate in the summer amongst the mountains, from one watering place to another, will entirely restore my health.
The numerous prosecutions which have been instituted, and which are yet in progress in our Courts present a very novel & perplexing spectacle. It is without a precedent I believe, and its consequences can hardly be foreseen. If the indictments can be supported (as to which I can have no opinion, one way or the other) what is to become of our civil list? For it would employ any where, and a fortiori in Pennsylva., six months or more to dispose of such a docket of criminal cases. But what can we do but meet the emergency, and perform our duty as far as can reasonably be expected of us? I do not see that we have any power to consolidate the different prosecutions, altho' we might, with consent of the parties, commit any number of them to the same Jury, and in this way abridge the number of trials. As to the Costs, they will be enormous; but this we cannot help. I have consulted with some of my brothers on these subjects and they appear to concur with me. I hope that this occurrence will induce Congress to pass some law which may vest in the discretion of the Courts a power to consolidate in future Cases. At present I see no remedy. I derive great satisfaction from the reflection that we declined interfering, by advice or otherwise, in these proceedings. In acting thus, we did but conform to the plain dictates of duty.
We have a long docket before us, and additional records from the various parts of this union may be daily expected to come in. We have had many intricate cases discussed, and there may yet remain many more to be brought forward. Nevertheless we shall, before the middle of March, make a very serious impression on the docket.
With the warmest wishes for the recovery and long continuance of your health I am my dear Sir very truly your friend & affect. Servt.
Bush. Washington
ALS, PHi: Peters Manuscripts. BW addressed the cover to Peters at Belmont, near Philadelphia.