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.

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.

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 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 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.

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 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.

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.