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From Richard Peters

Dear Sir,

Yesterday my February Stated Court was opened. To that day I had adjourned the Circuit Court. Copies of the draft of the Decree in Le blanc's or White's Case had been delivered to each party. I found a reluctance on the Side of one party to do anything. It seems the whole of the Seven Comy to view appraise & value the property, & report the practicability of specifically dividing it, had signed the report; but only 6 had viewed it together. The one whose Signature was at first omitted, viewed the property alone; & then signed the report. So that I was apprehensive of some objection being made, & I directed the whole of them to act together de novo, & make return to the next term of the Circuit Court. Your draft is therefore to be taken entire, & the part you marked de bene esse is not obliterated. Mr Charles Ingersol will be at Washington, & can give you an account of the matter.

It is very improbable that the estate or property can be divided; & quite as much so, that any of the Claimants will take the whole & pay out the Shares to their Co-claimants. To that you may say to this State of Things—esto perpetua— I give you joy on this perpetuity; in which you will always have something to do where nothing can be done. Leblanc I remember a neutral boy; & did not expect, at this time of day, to see him immortalized in black & white.

I have had, with the Marshall, to make a miserable arrangement in relation to the two Babes of Grace, sentenced to hard labour, at our last term, for forgery of Bank notes. They complained of being starved by the State Gaoler; who (as are his betters) is hostile to all national Use of the state prison. I ordered the Marshall to support them at the expence of the U. States, & procure a place of separate confinement. This he has done, under the same roof with state prisoners. But there are no means of setting them at work. So that part of the sentence directing hard labour is mere redundancy So it will remain 'till Congress erect Gaols & Court houses of their own, i.e. till the day of Judgment— in these times of Retrenchment especially. The gaol directors will have them attired in the prison uniform, which these gentlemen culprits utterly refuse. In continental money times, I remember the Crew of a privateer parading our streets in complete Costume made of Continental money. I have advised to have our paper money crew, dressed in blank forged notes, propter distinctionem; & thus exhibited as national victims. There are enough notes to clothe a regiment of such manufacturers. But it is questionable whether the Gaol directors would not deem this an invasion of State rights; as they have fixed the prison uniform unalterably by a foreign Government—i.e. by the Government of the Nation; which is too often treated as one foreign to State Authority. I shall not insist on my masquerade dress; as I do not covet such Collisions. It is too late for me take State upon me. Congress should increase the Allowance of rent to the State prison, & give a fee to the Keeper, who is now responsible for safe Keeping of our Prisoners, & gets nothing for his trouble & risque.

I was delighted to see, in the Newspapers, that you had joined your Brethren of the S. Court. I had been made very uneasy by hearing of your bad health. Be gentle in your attention to Business; & let it be managed by those who are less subject to corporeal derangement.— Let the Battle be to the Army.

Pray remember me most affectionately to the Chief Justice. I hear nothing of my Son Richard's labours. He has undertaken a laborious task. He informed me that he intended taking down the Arguments of Counsel. And so turn Book maker, as his Predecessor was wont to do. This will be a burthen if it for a Porter, & too heavy for a Reporter. Be assured always of the sincere regards with which I am truly & affectionately yours

Richard Peters.

Our new penitentiary is not yet opened to receive delinquents & set them at work. Under the Authority given to the Marshall (with the advice of the D. Judge) I shall endeavour to make some arrangement for the reception of our prisoners. We must pay Something extra, as the State has gone to most astonishing Expense in erecting the establishment. I should be glad to be informed of what is done in other States, on this subject. No doubt Richard could gain this information; as people from all quarters assemble at Washington.

The Sum allowed for the Use of State Jail, is pitiful—only 50 cents per month for each prisoner. This is as unreasonable as refusals to lend State Gaols can be.

Source Note

ALS, ViMtvL: Bushrod Washington Family Papers. Peters addressed this letter to BW in the "City of Washington D.C."