From John Marshall
Richmond Septr 10th 1816
My dear Sir
I had the pleasure of receiving on my return from the upper country your letter dated in August. I had not seen Brown1 & had formed an opinion of the civil admiralty jurisdiction from the character of a case of piracy not from precedent A pirate being an enemy of the human race & at war with the civilized world I had considered a libel for the condemnation of his vessel as partaking rather of the character of a prize cause than of one belonging to the civil admiralty side of the court. But I bow to precedent.
I should have deferred any communication respecting a revision of "The life" till I see you in Washington if I did not wish you to have some particular conversation with Mr Wayne on the subject for which there may be an opportunity while you are in Philadelphia. I do not think a new edition ought to be hurried. It cannot be pressed on the publick. We must wait till it is required. I wish you to present this idea to Mr Wayne & know what evidence he possesses if any that the work is really demanded.
The idea which presents itself to me as eligible is that the introduction be so much abridged as to comprehend its two chapters now inserted in the 2d vol. respecting the controversies which presided hostilities & the military operations anterior to the organization of a continental Army & the appointment of a commander in chief. The war may readily be comprized in two volumes. I mentioned to you formerly & I mention it again that I think the introduction may in a new edition be subscribed for distinctly from the residue of the work. That any person at his option subscribes for the whole, or for the introduction solely, or for the life of Washington exclusive of the introduction. If it is contemplated to bring the war with in less than two volumes I could wish to know it.
The volume respecting the civil administration may be somewhat reduced particularly by excluding so much of the transactions of the government during Mr Adams's Presidency as is unconnected with General Washington personally. I give you my [i]deas & should like to possess yours & Mr Waynes.
As the alterations I presume will be considerable it would very much aid Mr Wayne for me to mark them in the work itself If Mr Wayne has a set not bound it will be desirable that you should bring it with you to be applied in this manner. You can let me have it at Washington this winter or at any other time. It is a work which must be pur[sued?] at liesure & I repeat my conviction that [a second] edition ought not to be offered till it is really demanded. I am my dear sir with much esteem Your Obedt Servt
J Marshall
ALS, ViW: Marshall Papers. Marshall addressed the letter to BW at Mount Vernon.
1. A reference to Arthur Browne's 1802 A Compendious View of the Civil Law and of the Law of the Admiralty.