By a letter just received from the Chief Justice, I find that he has had in his possession the copies you mentioned of General Washington's letters during the French war, which he has sent to Alexandria. My doubts on this subject are thus cleared up.
He informs me, moreover, that he has sent a volume of letters for the year 1787, which he had retained by accident. The third volume of Orders does not yet come to light.
Having been here two weeks, very diligently employed in taking a general survey of the papers, I am happy to inform you, that my expectations in regard to their extent and value are fully realized. As yet I have been able to give them only a cursory examination, preparatory to a more particular inspection of their several parts.
I regret that it is not in my power to accept your Kind invitation to dinner on friday. On account of Mrs W.'s health, I have, for the last four or five years, been obliged to decline all invitations to dinner or evening parties. Accept, my good Sir, this apology, and believe me to be with very great esteem, Sincerely & respectfully yrs
When at Washington I was unable to say, with certainty, what Since my return I can state in the most positive terms in relation to the mode of publishing the decisions of the Supreme Court, which I propose to adopt, in the Event of my being appointed to Succeed Mr Wheaton.
As soon as I understood that it was likely Spotswood would soon recieve his orders, I gave directions for the making of his clothes, and they are now in hand.
I observe by the papers received this day from Washington that Mr Wheaton has been appointed Charge du affairs to Denmark, a situation he will no doubt accept, and thus a vacancy will take place in the Supreme Court, and I beg leave to ask your kind <illegible> of my wishes to become his successor— That have already received your sanction, and I have also the Express assurance of the Chief Justice, Judge Story and Judge Duval that I shall have the appointment in the Event of Mr Wheaton's relinquishing it— Altho now my dear sir to <illegible> y
As my official engagements occupy too much of my time to permit me to answer your separate letters, you must receive this conjointly, and it affords me great pleasure to assure you, in the first place, that I observe with much satisfaction the improvement of both of you in your hand writing, spelling, and diction.
I write merely to remind you, that I shall be prepared to visit Mount Vernon in the first week of March, and propose to spend about three months in close application of examining the papers.
It will be proper I presume, that some written instruments should exist between us, and I hope you will have it prepared when I call on you in passing through Washington.
Will you be good engh to inform me Whether you expect to be able to attend our Circuit at the next Term— We shall have a busy term, and the circumstances under which you left Phia., has made me very anxious to know from yourself how you are — not so much on account of the Court, as from the great interest I feel in your health, and indeed in all that concerns you — I pray God, that so great an evil as the loss of your Services on the Bench is yet at a distance — When a few of you old fashioned, but real Patriots, who could not be re
I yesterday recd a letter from Major Lewis, in which he states, that on the 24 Oct. 1798, Genl Washington paid you $250, being the amount of five shares towards building a hotel for Wm Tunnicliff in this City, which (as appears by the Generals diary or Cash Account) you were to have secured— The Major understands that the hotel was Surrendered by T. to the subscribers, & is the building in which Congress sat after the burning of the Capitol.
Your letter of the 20th confirming the anticipations of your good father contained in one of an earlier date from him respecting a speedy liberation from his confinement, has afforded me the most sincere pleasure. I was very much afraid, from what I had heard, that his wound would heal very slowly, and that the want of exercise; and inability to stir about his farm might seriously affect both his spirits and his general health.
Your letter of the 5th has remained unanswerd to this late period, partly in consequence of a severe cold which confined me to my room, and prevented me from consulting with my brethren on the subject to which you referred, and partly on account of the interesting questions which have been discussed (amongst these, the validity of the state bankrupt laws) which have engaged my whole attention both in & out of Court, when my time has not been otherwise occupied.
Your letter of the present month, without date, came duly to hand; & I sincerely thank you for your expressions of condolence in regard to my late misfortune— Such indeed has been my painful situation & close confinement by the inclemency of the weather that, I have not been able to pay the attention that I wished, to the claim of the estate of Genl Washington against me— I learn, however that, our Banks here have discontinued their discounts for a short season, in consequence of the heavy demands of the Northern Brokers, & some late [c]laims of the Bank of the United State
I recd yesterday an answer from the Chief Justice to the letter I wrote to him on the same day that mine to you bore date. He informs me that he answered that letter on the day he received it, which answer of course miscarried, in a manner quite unaccountable, between Richmond & Alexa.— I have only now to say, in respect to the proposition contained in your last letter, that we accept it.
Before I left Boston I received your favor of the 24th. Novr stating that you had under consideration my proposal respecting the papers of General Washington, and that you had written to Chief Justice Marshall on the subject. I also soon after received a letter from the Chief Justice, in which he expressed a full approbation of my plan, and sad he had communicated his opinion to you. In a few days I shall be in Washington City, which I visit for the purpose of prosecuting my researches in the public offices.
Your letter of the 21st has just reached me. I am astonished at the failure of my letter in answer to that which contained the proposition of Mr Sparks. I answered the day of its reception and expressed unequivocally my opinion that his offer should be accepted. In addition to the obvious reasons for accepting it stated by yourself I suggested others of a nature somewhat delicate which I would not willingly submit to any eye but yours.
I will look over & consider Doctr Masons letter & then write to you on the subject. It is probable that I can decide upon nothing positively until I have seen Mr Whipple, who is at the head of the Free Mason plan, & this will be early next month.
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.
You will please add your name to the letters to Mrs Tod, Robt Lewis, Samuel Washington, to which you will also give the proper direction— W. L. M. Spotswood— and Washington Thornton— These you will please Seal & forward by post or otherwise— If you can give a more precise direction to the last of these letters, I will thank you to do so.— The two letters to Mr Carter and Mrs E. Lewis are sent merely that you may give them the proper direction, and then to Seal & forward.
We have the pleasure to inform you that the balance formerly stated to be due from you as executor of your father, is by a late decree of the Court reduced to the sum of six hundred and twenty four dollars sixty Cents $624.60 with interest from the 22d of last month, which balance we must now request you to pay at as early a day as possible, it being our earnest wish, as it is our duty, to close our transactions as executors without further delay. Hoping soon to hear from you— We are Dear Sir very sincerely yr mo. ob. Servts
By the request of Mr Meriwether L. Walker, who is a neighbour of mine, I make to you the following communication on the subject of his arrangements for discharging the balance of his debt to you.— Mr Duke, you are apprised, is debtor to Mr Walker in a considerable sum, which has been the resource, on which he mainly relied, to meet his engagements with you.
Since my return from Phila. I received your letter of the 25 August. In consequence of funds having come to the hands of the executors for distribution, the balance due from you is reduced to the sum of only $527.71 with interest from the 22d of last month. It affords me, I assure you, great pleasure to give you this information since I can hardly suppose that it can greatly embarrass you to raise so small a sum.