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From John Marshall

My dear Sir

I thank you for the opinion you have been so good as to give me in the case on which I consulted you. I have from the first thought it doubtful but shall decide it in conformity with your opinion.

I have received your letter of the 3d inst. & have enclosed the letters from Mr Madison to Genl <Washin>gton in a packet addressed to you which I <mutilated>nd by some <mutilated>. I selected them last <wi>nter for the purpose of giving them to you in Washington but I had not the pleasure of seeing you & forgot them.

The question whether a bill drawn in one state on a person residing in another state in the union, is to be considered as an inland or a foreign bill, cannot arise in Virginia on a bill drawn in this state. The case is completely provided for by statute, & the bill is considered as inland. I am a little surprized at its not being provided for in every state. I am equally surprized at its not being settled by the decisions of the court of the state in which the bill was drawn as one would suppose that the question had frequently occurred. In New York I percieve the decision is that the bill is inland, Mr Pendletons opinion is not direct but rather looks towards its being foreign.

I should think the relation between the states <mutilated> as between E<ngland> Scotland or <mutilated>fore the U<mutilated> to think stronger. What was a bill d<mutilated> one of these countries on the other before the <mutilated>on.

I cannot take such a view of the case as to form an opinion though I rather lean to the side of its being an inland bill.

How does the question of damages stand? I am my dear Sir yours truely

J. Marshall

I determined on great consideration that the master of a vessel lying in the port of one state the owners of which resided in a different state might hypothicate. But the cases I think are not alike. 

Source Note

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