The Chief Justice informs me that you are to draw the opinion in the Case of Bell & Wilkins &c. I stated to him that a night's reflection had induced me to change my opinion as to the Kentucky decisions, being now of opinion that they go further than I at first supposed they did.

Since the date of my last letter to you I have been led to a more critical examination of the question which arises in the case of the Post master general vs Reeder viz if the plea offers no legal bar to the action what Judgment is to be rendered? than I had before taken, and the difficulties which attend it, instead of being cleared away, have thickened upon me, so that I feel more at a loss than I ever was in my life upon any other question to come to a satisfactory conclusion.

I have at length returned home, after an absence of between 4 & 5 months, and I employ the first moments of leisure in reporting to you & brother Story the most interesting cases which came before me for Judgt during my late circuit. I shall say nothing of the Atlantic ins. Co. of N. Y. and the U. S.² which employed us very closely for 9 days, as the case will go to the Supreme Court.

As Mr Sparks will probably leave this in a few days for Boston, I have determined, altho but half settled at home after an absence of 4 or 5 months, to prepare my letter to you that it may be ready for him to take on. The tea cause employed so great a part of the court at Phila. that few others could be tried before the Session came to a close.

     I have never, that I can recollect, refused to comply with a request similar to that contained in your letter of the 8th inst. in behalf of the Countess charlotte, and if I had been heretofore in the habit of doing so, I should most certainly make an exception in your favor, and upon such an occasion.

Your letter of the 11th July found me upon a bed of sickness, from which I was not very soon relieved. I had scarcely become convalescent, before others of my family were taken down— finally, I determined to abandon the Country, which was becoming universally sickly, and to take refuge with Mrs W. in this place, which has, thus far, been unusually healthy. I trouble you with this account of my past troubles, as it furnishes the only legitimate apology for my long Silence since the rect of your favor.

Altho I have been at home upwards of six weeks, yet this is the first day when it has been in my power to write to you. My whole time, when it was not engaged by company, has been devoted to a chancery suit in which I am, involved as Executor of Genl W., the entire management of which devolves necessarily upon me.

Before I proceed to business, I must account for my long but involuntary silence. During the second day of the April term of this Court, I was, whilst on the Bench, attacked by a violent pleuresy which terminated the Session, as it had nearly done the life of your friend. I anticipated that event myself, as did most of my friends.

After my return from Phila. I recd your letter requesting me to furnish you with the opinion delivered in the above case. Most fortunately I had preserved a rough copy of that opinion, or I am perfectly satisfied that it would not have been in my power to comply with your request. As this is the case I am rather pleased that you have been compelled to call upon me, since it has enabled me to correct a mistake in the opinion which was delivered, into which I was led by depending upon an abridgement for the want of the full reports of cases.

Your favor enclosing the residue of the examination in the case of Fries I received upon my arrival at this place, the former having come to hand a few days sooner. I know not how to apologize to you for the trouble you have taken upon this occasion; I certainly should not have made the request which produced it, if I could have formed the slightest idea of the labor to which I was about to expose you. I beg you to accept my warmest thanks, and upon similar occasions or otherwise to command my services.

Upon my arrival at Baltimore about the first of the month, I heard from Judge Chace, with great concern that you were too much indisposed to attend the Supreme Court. The fatigue to which you had been exposed during the Circuit was well calculated to produce this consequence, and you would have acted imprudently I think to venture upon so long a Journey in your then State of health. It will afford me very sincere pleasure to hear of your recovery.