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 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.
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.
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 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.