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REPORTS

OF

CASES ARGUED AND ADJUDGED

IN

THE SUPREME COURT

OF

THE UNITED STATES.

JANUARY TERM 1830.

BY RICHARD PETERS.

COUNSELLOR AT LAW AND REPORTER OF THE DECISIONS OF THE SUPREME COURT
OF THE UNITED STATES.

VOL. III.

Philadelphia:

JOHN GRIGG, No. 9, NORTH FOURTH STREET.

1830.

Laws RR

KE

101

·A 212

V.28

Eastern District of Pennsylvania, to wit:

Be it remembered, that on the eighth day of June, in the fifty-fourth year of the independence of the United States of America, A.Ď. 1830, Richard Peters, of the said district, has deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit:

Reports of Cases argued and adjudged in the Supreme Court of the United States. January Term 1830. By Richard Peters. Counsellor at Law, and Reporter of the Decisions of the Supreme Court of the United States. Vol. III.

In conformity to the act of the congress of the United Statès, entitled, "an act for the encouragement of learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned;" and also to the act, entitled, "an act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned,' and extending the benefits thereof to the arts of designing, engraving and etching historical and other prints."

D. CALDWELL,

Clerk of the Eastern District of Pennsylvunia.

REPRINTED

FROM THE ORIGINAL EDITION

BY

WILLIAM S HEIN & CO., INC
BUFFALO, N. Y.

AND

CLARK BOARDMAN CO., LTD.

NEW YORK, N. Y.

1968

REPRINTED IN TAIWAN

IT has been found impracticable to include in one volume all the Cases decided by the Supreme Court at January term 1830. The Reporter was desirous to escape from the labour of preparing two volumes for the press, and still more desirous to avoid imposing upon the profession the double expense of the purchase of the Cases in this form.

In his vindication, and in explanation of the course which has been adopted, he has been indulged with the permission of the Court to publish the following correspondence.

My Dear Sir,

Washington, March 20, 1830.
Supreme Court Room.

I am exceedingly embarrassed on the subject of the publication of the Reports of the Cases decided at this term, and submit myself to the Court for direction.

It is manifest that it will be impossible to comprehend the whole of the decisions, with the arguments of counsel, in one volume, of a size which will be convenient, and executed on a type such as is proper for the work. Should it be desired by the Court, I am willing to publish two volumes, introducing in most of the cases the arguments of counsel: indeed more than half the cases are now ready for the press, the arguments included; having intended to pursue the plan heretofore adopted. But the objection. to this is,

that the profession may consider the expense of two volumes a burthen, and may complain. With the approval of the Court, and their expression of a wish that the arguments shall be reported, I shall be entirely protected. If the Court shall recommend or sanction the omission of the arguments, I shall be also safe from the censure of those gentlemen whose ability in the discussion of the cases which have been disposed of during the term entitles them to every illustration, and whose arguments it would, under other circumstances, give me great pleasure to insert in the work.

I have no desire to present the case in any form which can be construed as intending a claim on the government for additional compensation for delivering to the department of state, two volumes instead of one; and I wish to be understood as relinquishing any such claim or purpose. My whole object is to act in the matter as the court shall wish, and I shall have full compensation for any addition to my labours in their approbation. I am, sir, with great respect and esteem,

Your obedient servant, ft thfully,

MR CHIEF JUSTICE MARSHALL.

My Dear Sir,

RICHARD PETERS.

Washington, March 22d.

I laid your letter before the Court, and found a general disposition among the Judges to approve of the course which you should yourself think most eligible. I believe we all think that the arguments at the bar ought, at least in substance, to appear in the Reports. They certainly contribute very much to explain the points really decided by the Court. If this cannot be done in one volume, I should think it advisable to give us two. With great respect and esteem, I am, dear sir,

Your obedient,

RICHARD PETERS, Esq.

J. MARSHALL.

OBITUARY.

THE obligation to record the decease of Mr Justice WASHINGTON is felt with the deepest sensibility. Associations of years, during which it was the good fortune of the writer to possess his friendship and esteem, were thus terminated: his judicial career, of thirty-one years, distinguished by all the lustre and usefulness that talent, learning and virtue could give, was closed by that event. He died at Philadelphia, on the 26th day of November 1829, in the sixty-eighth year of his age; and his remains were conveyed to Mount Vernon, and deposited in the same tomb with those of his uncle; THE FATHER OF HIS COUNTRY.

It may be said with truth that Mr Justice Washington belonged to two states-Virginia and Pennsylvania. He was born and educated in Virginia, and there, for some time, practised his profession: he acquired his knowledge of the law in Pennsylvania; in that state the great portion of his eminent judicial labours were performed; and in that state he died. He was equally beloved, honoured, and lamented in both states.

Mr Justice Washington was the son of John A. Washington, Esquire, of Westmoreland county, Virginia, who was the next eldest brother of general Washington. His father was a gentleman of strong mind, and possessed the consideration and confidence of all who knew him. He was, with honour to himself, a delegate in the state legislature of Vir

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