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From John Marshall

My dear Sir

I have not heard from you since you set out for Philadelphia, but I hope your health has not at any rate been injured by your attention on your circuit duties.

A case has occurred in this circuit which I have taken under advisement for the purpose of enquiring whether it has also occurred in other circuits. A & B merchants & partners were indebted to the U.S. on duty bonds. They made an assignment of all their social effects for the security of creditors of the firm. A individually was in possession of property to a considerable amount. Some time afterwards he assigned this property for the benefit of his private creditors. Was the first deed an act of insolvency as to the firm so as to attach the priority of the U.S. on the effects of the firm? Or did this priority not attach till the execution of the second deed. The question arises between the creditors under the different deeds, each endeavouring to throw the debt due to the U.S. on the other.

Has this question arisen in your circuit & if so, how has it been decided. If it has not arisen1 what think you of it?

You have probably seen Algernon Sidney & can be at no loss for the author. There is probably but one man in the United States who could or would write such pieces. If you have not seen them I recommend them to you as being an excitement to stagnating spirits as powerful as the essence of chian2 to a palate which has lost its discriminating power. yours truely

J. Marshall

Source Note

ALS, ViW: John Marshall Papers. Marshall addressed the letter to BW at Mount Vernon. The letter was postmarked on the same day in Richmond. BW endorsed the letter.

1. After the word "arisen" Marshall first wrote "how has it" but crossed the words out.

2. Marshall wrote "kian" above the word "chian," most likely attempts to spell "cayenne."