From Richard Peters
Belmont [Pa.] March 10th 1826.
My dear Sir
I was concerned to hear that you were indisposed by a rheumatic attack which had fixed its venom in your right hand. I hope it has departed from that indispensable part of your judicial machinery; & that, at all events your tongue may be clear of it. I have had a long & irksome spell of the Influenza, which has reduced me to almost a Skeleton; but I have completely recovered from the malady, tho still debilitated by its effects. These, however, will pass away before our circuit duties begin; & thus enable me to haul in the slack, whilst you pull at the tackle fully. My winter has been unpleasant, tho' not a sad one; for my spirits have not yielded to the fashionable taint, which seems to have infected all sorts & conditions of men I have covered my pericraneum with what is called a wig; but it looks like an grey Wolf's scalp; & tho' made by a Perruquier from Paris, appears as if I had robbed a pauper of the Parish. I announce to you this capital change; lest you should require an introduction when we meet. My appetite, which had left me, has now returned; & I begin to feed as stoutly, as you were accustomed to do, when, in every respect, you were the Mouth of the Court.
The Session of Congress has been spent in Garrulity. Much great work has been cut out; but little of it is put together. The judiciary Bill is more pleasing to me; however it may be to you & your travelling brethren; because I shall continue to have the pleasure of your company. I see a Bankrupt Law is reported; but its fate is at least doubtful. Should it pass, a flood of additional duties will be thrown on the District Judges resident in Commercial Districts. Those in the inland regions, will have a small share of its burthens. Yet the curious mode Congress have taken heretofore, of levelling up salaries; has given to those who have the least to do, equal, & some greater, compensations, as they are, ironically, called. Mine has been really a fixed one; for it has never moved from its original inadequate establishment; altho' most others have been raised. Our Docket appears less than many others. The reason is, the business is done; whilst others have it to do, I keep my District Court Docket, always down; for I rid off the business velis Cavatis. I have been most unwarrantably neglected. You know this to be the fact; &, if any Stir is seriously made as to Compensations; I wish you would speak with Mr Webster, & any other members of the Judiciary Committee on the subject. When my property was productive, I cared little, tho' I always felt, about the comparative injustice done me. Now I can enjoy any alteration for a short period. But the Compensation should be something like a temptation to a professional character to succeed me. Few if any would abandon professional business, for a Salary not equal to some Merchant's Bookkeepers, or even inferior State Officers. It is most likely that nothing will be done; but it is prudent to have a ticket in the lottery of Chances. No man could live in a decent & unostentatious style in an expensive City, on double the Sallary. Shall what are called independent situations be given only to the rich? No such addition can be expected. But something like a de[c]ent support, should be established.
I am glad to see some propositions to amend our judiciary practice. One is that of paying the poor wretches I am compelled to send to Jail, as Witnesses who cannot find Security. I have never been perfectly satisfied of my power to do this, or rather of my right; but have yielded to a custom I found established.
We have had a delightful Kickup among our Ultra Abolitionists, on the subject of fugitive Slaves. I have long wished Congress would give the power, cumulative not exclusive, to the Judges of the U.S. to issue warrants on the application of the Masters or Owners of Slaves, or their Agents, for the apprehension of Fugitives. This would deter Mobs & Ultras from interfering, as they do when Slaves are carrying before a Judge by those who seize them without warrant. The State Judges are reluctant, some of them recusant, to take cognizance of such cases; & I am often burthened with this unpleasant duty— Some of our Assembly men, & many of our abolitionists, say that their Consciences warrant every obstruction to the recovery of Slaves by their sinful Owners. We never have had, since Pilate's question to our Saviour, an exact definition of Truth. Can any one more successfully define "What is Conscience"? It appears too often an unjustifiable perseverance in long indulged opinions; however laudable were first impressions. Religious tenets & influences carried to extravagance, become Bigotry; as political theories, too highly wrought, degenerate into Faction; however commendable in the Abstract.
We have had a most unpleasant winter. I never remember its parallell. The blue devils have had a highly favourable season to act in. I have set them at defiance hitherto; & shall continue to fight the good fight. You know when you first arrive here, I am rejoiced to see your face; & when our blessed tour of duty is finished, I am as much rejoiced to see your back. But believe always that I am ever most affectionately yours,
Richard Peters.
Present my best regards to our old & estimable friend, the Chief Justice. Our historical Society have determined to publish on the subject of the Farewell Address; & Mr Jay has authorized me to deliver to Mr Rawle, & other members of a Committee, his letter to me. This I have done; so that my injunction of secrecy is taken off. I have furnished every other information in my power; including that of your & Judge Marshall's search in vain for any traces of a copy being sent on by Hamilton. If Mr King has any copy, it is the one taken by Genl Hamilton, as mentioned by Mr Jay, & never sent on. The original, left with Claypoole the printer of the Address when first promulgated, is now in the possession of the Historical Society, in Genl W.'s own Handwriting; corrected & interlined, by him; & having every mark of Originality. If you think proper, write to Mr Rawle informing him of the fact I have stated. Or write to me & I will communicate your & the Chief Justices certificate.
ALS, ViMtvL: Bushrod Washington Family Papers. Peters addressed the letter to the "Hon: Judge Washington, City of Washington D.C."; it was postmarked in Philadelphia. BW endorsed the letter.