View TEI
Letter
Providence, Jan. 24th, '46
Afternoon
GeorgeTurner Esq:
Dear Sir:
Yours postmarked the 22nd, has just been
received; and I have only time to reply to that portion of it which relates
to the propriety of proceeding with the Luther case at the present.
As one of the counsel of Mr Luther I cannot too strongly urge upon
my associates the absolute & most imperative duty of postponing the
trial of this case until the Court be full. This was my view of the
matter before you left, as you will well recollect; and I am glad to hear
that it is sanctioned in the deliberations of counsel at Washington. It
would be a sort of treason to the People of this State & of the country to go
to trial under any disadvantage whatever. In a great constitutional
question like this we have a right, it would seem, to a full court, &
whatever the enemy may say, this right should be insisted upon. The
Algerines, from what has leaked out here, are disposed to go on now, believing
that the present is their best chance. They count on McLean,
Wayne, McKinley & Daniel as certain. When the bench shall be full
we may hope for Woodbury, Nelson, the Pennsylvanian (whoever he may
be), the Chief Justice & Catron. I am glad to hear you speak so favorably,
on such high authority, of Daniel also. Should the cause
proceed now the best that can be hoped for is to divide the court.
Let us wait for our advantage. Should this case be tried and lost,
another resolution will ultimately become necessary to reestablish the
doctrines of the Declaration of Independence. Upon so vast an issue let us
advance with the most sacred caution; unduly hazarding nothing
– hoping for every thing. Yours very truly, in great haste,
Tho's W. Dorr