Your letter of the 26th Jany was delivered to me by Mr Just. Story & I owe you an apology for the delay which has taken place in answering it. The truth is that at the living under the same roof the important cases which the Judges have had to examine & discuss in conference diverted the attention of the C. Justice & myself from the subject insomuch that it is but lately that we had an opportunity of conversing upon it.

Your letter of the 26th January was handed me by Mr Justice Story, and I owe you an apology for the delay which has taken place in answering it. The truth is that, although living under the same roof, the important cases which the Judges have had to examine and discuss in conference, diverted the attention of the C. Justice & myself from the subject, insomuch, that it is but lately that we had an opportunity of conversing upon it. 

     I recd some time since from the Chief Justice the Copies of the letters of Genl Washington, but too late in the Season to forward them to Phila. by water on account of the danger to be apprehended from the freezing of the rivers— I purpose taking them on with me in March, and it will be proper that we should, in the mean time, agree upon the terms of their publication.

     I recd a letter from chief Justice Marshall a a few days ago, in which he requests me to present to you in his name, a copy of his “history of the Colonies,” a compliment which he thinks due to you “on account of your great attention to the publication of the life of Washington.["] He desires me to state to you, that he has taken the precaution to take out a copy right for the book now sent you, to prevent the interference of others—not to affect you.

     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.

    I recd a letter from chief Justice Marshall dated the 12th Ulto which I have been prevented by sickness from sooner attending to— The following extract was intended for your inspection. "I have reflected a good deal on the subject of the Life, and have come to the Conclusion to seperate the introduction from the other volumes & to publish a small edition of it at my own risk, if I may be permitted to do so by Mr Wayne & yourself without being charged with the copy right.

     I have Just returned from Phila. when your favor of the 28th Sept. was put into my hands.

I have at length succeeded in collecting together your letters to Genl Washington and some copies of his to you, which it affords me great pleasure to have accomplished & still greater to forward them to you. I shall apply to the Secretary of State to afford them a Conveyance to you by the first vessel which shall be charged with dispatches from our Government to France.

     I had the pleasure to recieve your letters by Mr Deleport and Mr Parish, and whilst I feel flattered by these proofs of your recollection, I have to thank you for introductions to two gentlemen who seem so well to deserve what you say of them. The former having favoured me with a visit, I had an opportunity of presenting him to Mrs Washington. The latter I saw in Philadelphia in May, and recieved from him a promise of his Company at Mount Vernon whenever he should go to the banks of the Potomack.

     I recd a day or two ago yr favr of the 23d. Being much hurried at present, & expecting to write you a long letter as soon as I hear from Mr Marshall, I mean at present only to assure you that we have every disposition to gratify all your reasonable wishes & will do so. The moment I recieve Mr Marshalls' letter, I shall send you on every thing necessary to enable you to commence your Operations.

     Capt. Laycock carries a number of trunks & boxes of papers to the Chief Justice, and as he will be absent from Richmond when they arrive I must beg the favor of you to have them lodged in some place of Safety in Mr Marshall's house or if this cannot be done in your own if not too inconvenient. They are the papers which relate to the life of Genl Washington & I therefore feel extremely anxious for their safe keeping.

"... I cannot help thinking that Genl. Marshall may be induced to undertake the writing of the history, and I write to him by this post...I am extremely anxious to see this work commenced & finished as well upon your account as my own...as pecuniary considerations are less operative with me than many others I cannot be otherwise than very nice in selecting a proper person to be the author..."