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.
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.
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.
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.