The Chief Justice informs me that you are to draw the opinion in the Case of Bell & Wilkins &c. I stated to him that a night's reflection had induced me to change my opinion as to the Kentucky decisions, being now of opinion that they go further than I at first supposed they did.

Since the date of my last letter to you I have been led to a more critical examination of the question which arises in the case of the Post master general vs Reeder viz if the plea offers no legal bar to the action what Judgment is to be rendered? than I had before taken, and the difficulties which attend it, instead of being cleared away, have thickened upon me, so that I feel more at a loss than I ever was in my life upon any other question to come to a satisfactory conclusion.

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.

     I have never, that I can recollect, refused to comply with a request similar to that contained in your letter of the 8th inst. in behalf of the Countess charlotte, and if I had been heretofore in the habit of doing so, I should most certainly make an exception in your favor, and upon such an occasion.

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.

I received your letter expressing your wish to know the principle decided in the case of the Bank of the U.S. v Dandridge’s securities. The case will be carried before the Supreme court & I am very glad of it, as the law on the subject ought to be settled.

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.

The court which has just terminated has furnished some business for your Honors at Washington. I have had some new & intricate questions on one of which, that goes up to the Supreme court, I decided on reflection differently from my first impression.¹ That judgement will probably be reversed.

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.

I reached this place yesterday after a very fatiguing journey, & found all our brethren well, & all of them joining me in sincere regrets for your indisposition. However unwilling we may be to lose your aid, we all think that it would be madness to encounter the hazard of joining us, unless your health should be entirely restored. We hope, however, that you are improving, & will continue to improve, so that you may, after the earth & Atmosphere shall become dry, favor us with a short visit.

I received this morning yours of the 26th. The cases which will come before you in Philadelphia, if the indictments are drawn on the last act of Congress must depend, if the accused are guilty, on the very point I have adjourned to the supreme court, because that question whether, in any case whatever, a communication can take place under that act. In the trial at Richmond the evidence was perfectly clear & the case was unequivocally a case of piracy according to the laws of every civilized nation.

You will receive with this some printed reports which are all that I can get on the subject of your enquiries. I learn that the affairs of the society, so far as respects the country, are in a very deranged state; but I have no personal knowledge from which I can speak. The fact however is generally beleived, & is supposed to be notorious. I have heard that applications on account of losses have been made without success, but I know of no particular case.

I received a few days past your letter inquiring whether the defence of the opinion had been correctly republished in the Alexandria paper. I went to the coffee house for the purpose of reading it best. the papers had been mislaid & I was disappointed. I cannot therefore say whether they have appeared in an inteligible shape or not & therefore am not desirous that any farther effort should be made to get them before the public.

I have a knephew a son of Major Taylor who is at school in Kentucky under the direction of my brother Doctor Marshall. He has written to me for some books which I cannot procure here, & which if I had them could not without much difficulty be conveyed from this place. I take the liberty to ask the favor of you to purchase them for me in Philadelphia & leave them with the bookseller packed up to be delivered to the order of Doctor Marshall.

I have this instant received yours of the 24th.

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.

Your favor enclosing the residue of the examination in the case of Fries I received upon my arrival at this place, the former having come to hand a few days sooner. I know not how to apologize to you for the trouble you have taken upon this occasion; I certainly should not have made the request which produced it, if I could have formed the slightest idea of the labor to which I was about to expose you. I beg you to accept my warmest thanks, and upon similar occasions or otherwise to command my services.

Upon my arrival at Baltimore about the first of the month, I heard from Judge Chace, with great concern that you were too much indisposed to attend the Supreme Court. The fatigue to which you had been exposed during the Circuit was well calculated to produce this consequence, and you would have acted imprudently I think to venture upon so long a Journey in your then State of health. It will afford me very sincere pleasure to hear of your recovery.