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.

    Mr Hardin writes me, that a letter from Mr Rowan to the Governor, together with his argument in Green in Biddle, has been published, the tendency of the former being to excite the strongest prejudices agt the Court— Amongst other things, it is stated, that these great constitutional questions were decided by a minority of the Court— 3 out of 7.—  As the invalidity of the Kentucky Law was in fact decided by six Judges, will it not be well for you to insert, in a note to this Case, the opinion which was delivered in 1821 when I was¹ absent from the Court?

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.

    I have written to Mr Moore requesting him to appoint a day for taking up the accounts referred to him in the Case of Washington vs. Washington's Exectrs¹ and to give you notice thereof. I then propose for the purpose of saving yourselves unnecessary trouble & to prevent delay that you draw the form of a letter to your clients and put it into the hands of Mr Snowden to strike off about 40 Copies on letter paper to be charged to me.

    I lately recd a letter from the Chief Justice in relation to what he had proposed in a former letter as to the 1st volume of the life of Genl W.—namely; "that he would take the risk of that volume on himself," He thinks now that such an arrangement might produce embarrassments in the accounts which had best be avoided. He therefore proposes, instead of that plan, that the 1st volume should be printed at the risk of the editor, but that all compensation for the Copyright should be relinquished upon it.

By yr letter of the 6th inst. I understand that your father survived his son Burdet, as I know he did Charles, & also his daughter Ann all of whom died without issue.

    AS we hope that the time is not far distant when we shall be enabled to close our executorial duties, we feel anxious to do so under such a sanction as to prevent all future disputes when we are gone. Our accounts to the last of the year 1819 have been settled, under orders of Fairfax Court and approved. The only difficulty we apprehend, and wish to avoid, is, the settlement of the individual accounts of the legatees; and this difficulty consists, as we apprehend, principally in the mode of calculating the interest.

     AS we hope that the time is not far distant when we shall be enabled to close our executorial duties, we feel anxious to do so under such a sanction as to prevent all future disputes when we are gone. Our accounts to the last of the year 1819 have been settled, under orders of Fairfax Court and approved. The only difficulty we apprehend, and wish to avoid, is, the settlement of the individual accounts of the legatees; and this difficulty consists, as we apprehend, principally in the mode of calculating the interest.

I again trouble you with one of our Circulars under the idea that Mrs Tod qualified as Extrx of her first husband, & if so, you & she will, I concieve be the proper parties to the amicable suit proposed to be brought. In this case, it is important I should have from you in answer to the above without loss of time, as I wish the accounts to be closed & a decree obtained this year.

    Will you have the goodness to inform me what is the practice of the Sup. Court in the folowing cas[e]?

     I beg you to accept my thanks for your kind letter of the 7th,¹ which holds out so strong a temptation to embrace the offer it contains that it requires all my fortitude to resist it, & to persevere in a course of conduct which I have seldom if ever departed from—that is, always to return to the same house, at which I have been well treated.

     I had the honor, not long since, to receive your favor of the 11th Octr last, which it has not been in my power sooner to answer.

     AS we hope that the time is not far distant when we shall be enabled to close our executorial duties, we feel anxious to do so under such a sanction as to prevent all future disputes when we are gone. Our accounts to the last of the year 1819 have been settled, under orders of Fairfax Court and approved. The only difficulty we apprehend, and wish to avoid, is, the settlement of the individual accounts of the legatees; and this difficulty consists, as we apprehend, principally in the mode of calculating the interest.

     AS we hope that the time is not far distant when we shall be enabled to close our executorial duties, we feel anxious to do so under such a sanction as to prevent all future disputes when we are gone. Our accounts to the last of the year 1819 have been settled, under orders of Fairfax Court and approved.

     I acknowledge the rect of your favor of the 27th Ulto.

I have settled fully with Mr Herbert on the Terms you mention except that I have made the interest on his bond for the $1086 due on the McLeans business to run from 1st July 1822 somewhat later perhaps than the day he recd the mony, but before which he shd not have invested it—  The difference at most is trifling— The $2 is a mistake as I paid it in 1821 &; have detailed it in my acct.

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.

In answer to your letter, I beg leave to assure you that neither from the papers of Genl Washington, nor from any conversation with him during his life, had I cause to suspect that he considered your father as having been unfriendly to him at any period during the revolutionary war or afterwards. When my father sent me to Philadelphia in the wither of 81-2 with a view to study of the law, the General happened to be in this city, and kindly undertook to superintend the necessary arrangements for my establishment.

     The arrangement I have made with Doctor Peake to which the release accompanying this relates is intended SWth further to secure Walkers debt & places it beyond all question— you will please put your signature opposite to the lower Seal & acknowledge in the presence of two Witnesses & return it to me— Having Company I wrote in great haste. Affectly yrs

     The feelings of Mrs. Washington and myself have been so much wounded by some late occurrences at this place, that I am compelled to give this public notice, that permission will not in future, be granted in steam boat parties, to enter the gardens, or to walk over the grounds, nor will I consent that Mount Vernon, much less the lawn, shall be the place at which eating, drinking and dancing parties may assemble.

I observe this day, that the Millet, which you induced me to try this year, is heading very fast, altho it was sown only a few days before my return home. As soon as I discovered its forwardness, I searched all the books on farming, in my possession, that I might be prepared for the proper management of it when it shall be fit to cut. I can find nothing said respecting the time, or the mode of harvesting it—saving the seed, or curing the Stalk & leaves. I have not the 4th vol.

     I owe to your kindness, I presume, a work lately sent to me from Phila. of which you are the author, & for which I beg leave to return you my very sincere thanks. Company & a variety of engagements have hitherto prevented me from reading it; an employment in which I anticipate great pleasure & improvement. I am with much respect & esteem Rev'd & Dear Sir yr mo. ob. Servt

After introducing to you my amiable young friend Maurice Herbert, who goes up with a view to take all the Wine you may leave, I have to request that you will write me as much at large as your time will admit, how the Court is going on? what Cases decided? what likely to be decided? And when you think with Certainty of adjourning? Above all, take care of your own health— neither the Judiciary, nor your Country can spare you. farewell—Affectly yrs

     Your letter of the 9th, in consequence of my absence from the City, was not recd 'till yesterday Just as I was going to the Court.

     I am Just reminded by a second letter from Mr Mercer of New York, of one which I wrote you about a month ago respecting a second edition of the life of W— in 4 volumes which the C. Justice has ready for the press, and the proposal of Mr M. to print a second edition. I could not answer that gentleman properly without first enquiring whether you had secured the prolongation of the Copy right in the way pointed out by Law; & I also wished to know whether the first edition was disposed of.