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 foregoing are the principal cases decided in my last Circuit, which are susceptible of an abridged statement, that will make the case intelligible. Many more cases were before the Court but the questions of law decided were not new in principle, and so involved with the facts, that I must pass them over.
Last Monday was the commencement of my stated February session. It was also the day to which the Circuit Court stood ajourned. All the Lawyers concerned in the Penn. causes were engaged in the State Courts. I sent Mr Caldwell to inquire if they had anything to do in the Circuit Court; & particularly in the Case of Conn. & Penn.
I have not yet heard whether your session in Philadelphia is over & you have returned to Mount Vernon. I had supposed from your last letter that your tour would be a short one; but not having heard of its being over, I doubt whether you may not be still engaged in Philadelphia.
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.
I have received your letter requesting to know whether I had formed an opinion on the case which was remanded to the circuit court of Pennsylvania. I regret that I had not formed one. It would give me pleasure to communicate it to you.
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.