From Joseph Story, 13 Aug. 1829
I should have written you a long time ago, if I had completed the duties of my last circuit, so as to give you all the results. But I am as yet scarcely free from all the cases, which have been under advisement.
I should have written you a long time ago, if I had completed the duties of my last circuit, so as to give you all the results. But I am as yet scarcely free from all the cases, which have been under advisement.
I thank you for your late letter containing the Decisions of your spring & autumnal Circt.1 I shall confine my Answer to your own Cases, intending to bring you an abstract of mine when I come to Washington this winter. Until very lately I thought it would be unnecessary, as the 4th volume of Mason is partly through the press, & I supposed it would include them. I think now it will not— But I shall bring you the printed sheets, as far as they go, which will be about 400 pages.
It has given me inexpressible pleasure to receive a letter from you; for the newspaper statement of your indisposition led me to fear that you were quite ill— I rejoice that you are so much recovered; & I trust, that a good Providence will enable you to join the Supreme Court at Washington, where your presence is so important to the public, & withal so interesting to myself.
I owe you an apology for my long silence & especially as I have two letters of yours unanswered. My Cirt. did not end until the latter part of June, & I have ever since been overwhelmed with pressing private or public concerns, which have obliged me to postpone all other business. In addition to my other labours I have been obliged to prepare a Discourse to be delivered this month before a Literary society (the P. B.
The calamitous fire in Boston on wednesday destroyed all the papers of Mr Mason’s third volume of his reports, which was to have been put to press on monday next— He had the original opinions, & except in one or two cases I have not a single copy.
Your Letter of the 30th of May reached me this morning— I believe the general impression of the Judges has been, that all acts reqd to be done by the Court, are to be done in term— I have hitherto acted upon that construction of the Laws, though I confess myself not perfectly satisfied with it— I should distinguish between acts strictly judicial, & those which are ministerial.
I was about to sit down to give you an account of my autumnal Circuit, when I had the pleasure of receiving your late letter— Before I say one word on this subject, I beg to apologize for not acknowleging before the barrel of hams which you sent me— The barrel of hams safely arrived at Boston, & there by the carelessness of the Captain or Consignee or both, it was left on the wharf for a day or two, & thus all were stolen except five— These I received & they were so good that I regretted extremely my loss—& a
I am grieved to learn by your late letter of your continued indisposition— I heard in the autumn quite by accident of your sickness at Philadelphia; but I presumed it was temporary. I most earnestly hope & pray that a good Providence will restore you to health & enable you to attend at the February Term. I shall feel quite lost <illegible> without you; & must say in all sincerity & frankness that I know not in whose judgment I have implicit a reliance, as in yours.
The Revd Ichabod Nichols of Portland being about to pass through Philadelphia, I have taken the liberty of introducing him to your acquaintance— He is a gentleman of very high reputation for talents, for literary & theological acquirements & for unaffected piety— He intends in his tour to visit Mount Vernon; & I regret most sincerely that he cannot have the advantage of your presence to increase the interest of the scene— I am sure that you will be greatly interested in the conversation of this gentleman, than whom no one can be more worthy of your atten
I have not yet completed my Circuit & shall defer to a future time a statement of the decisions which have been already made— My present object in writing is to ascertain what has been the practice, if any, in the District or circuit Courts of Pennsylvania & New Jersey upon Summary applications to repeal patents under the 10th Sect. of the Patent act 1793. A case is now before me from the District Court upon a writ of error from its decisions under that Section— Several questions have arisen. 1.
I had the pleasure of receiving your late letter yesterday. The question which you state is indeed an important & delicate one. I have never yet had reason to decide it although it has been twice within my view.
I have just closed a very laborious autumnal circuit, in the course of which many highly important questions have been decided— I would send you an abstract of them, if I could command leisure just now; but my whole attention is directed to affairs connected with my departure for Washington— I shall however either bring the original opinions with me; or an abstract per your use.
I hope this letter will reach you on your return to Mount Vernon safe from the Enemy and what I deem more perilous, the dangers of the roads to & from Philadelphia— On our return Judge Livingston & myself suffered inconceivable anxiety from the unparelled state of the roads, and he received an injury from which I fear he has not yet fully recovered.