I wish I could give you the Satisfaction you wish as to the time when your case will be finally decided. We must proceed regularly and there is no rule by which to guess when the case will come on in its turn which it must do if defended with a view to delay.

     Some months ago a subpoena in Chancery at the suit of mr Banks¹ was served on me as former governor of Virginia, calling on me & others not named (but I suppose the Counsellors of that day) to appear— presuming it was for some act done on behalf of the commonwealth I wrote to the governor to know whether I must defend, or whether the executive would not undertake it for the Commonwealth, as they were possessed of the records & materials of defence. in his answer he assures me it shall be defended by the executive.