Skip to main content

From John Marshall

My dear Sir

I received on my return from North Carolina your favor inclosing a check on the bank of Virga for $500 being my share of the third instalment from Mr Wayne.

I shall receive from Mr Weems four sets of the life of Washington which I was to have received from Mr Wayne. When you see that Gentleman let him know this & inform him also that if Mr Weems is to receive any thing from him on each set of which he disposes I will arrange that matter with Mr Weems.

Having much less of Admiralty business in my circuit than there is in any other circuit on the Atlantic I am always inclined when an admiralty question of some intricacy occurs to consult my brethren upon it.

In the last term of the court in North Carolina a case came before the circuit court in which the only witness was a person entitled to part of the forfeiture. He declined giving testimony until compelled by the court. The question which arises is on the validity of his testimony. See Graydons Digest 199. Sec 91. X.C.1. Is the witness in such case compellable by the court to relinquish his interest & give testimony or is he only admissible after a voluntary relinquishment? Has this point been settled in the other circuits & how? Another question arose in the case about which I felt some doubt. The only material testimony was a paper found in a chest belonging to one of the officers of the captured vessel. The chest had remained unlocked in the vessel1 some days in the custody of the revenue officers or of a couple of sailors belonging to the capturing vessels after which time this paper was found by the commanding officer of the capturing vessel who on account of his interest refused to give evidence. Is a vessel found thus in an open chest to be received? This is also a question on which I should wish to know whether your experience has led you to form any opinion on.

Our court will continue in session about ten days. I am anxious to terminate it & to devote myself to the farm. Farewell, Your

J. Marshall

Source Note

ALS, ViW: Marshall Papers. Addressed to BW at Mount Vernon, postmarked in Richmond, 26 May. BW endorsed the letter. He also included some notes "Withers $2.50/ N. Carson 56/10%/McRea & Co. $14.8"

1. after the word "vessel" Marshall first wrote "sight" but crossed it out.