Dear Sir, The Chief Justice arrived at his House on Schuylkill yesterday afternoon - riding out to meet him this meet him this morning, I met him coming in to see me, on the same business. - I went to his House in Town - we sent for Mr. Bard & the Sheriff - the result of our consultation is - that a Jury is to be summoned for Nisi Prius at the County Court [inserted: House] in order that Judgments may be obtained; but with little expectation of trying any cause - some however, according to present appearances, may be tried; we must be guided as it shall appear safe or dangerous at the time - as we must at the Day in Bank. I had mentioned to several of the Gentlemen of the Bar, & I believe it was generally known among them, that if we must leave the City, I thought Lancaster would be preferable to any other place, for the reasons which I stated to you; - in consequence of this opinion Mr. Levy called on me last week & Mr. Ingersoll yesterday, each stating that on consultation with his Brothers there was scarcely any prospect that any cause of importance would be argued at Lancaster at next Town there being a general reluctance to go there in the present state of the health of the City: - I stated to each of them what induced me to prefer Lancaster, if we must leave the City; but said, I could give no opinion before consultation with the Chief Justice, when I would state what they had said to me, which I did accordingly, & expressed my apprehensions that you could not conveniently come down; - the Chief Justice then suggested, that we might have full employment in Country Arguments - but it immediately occurred, that December is the Term at which it is expected by the Counsel in Country Causes & their Clients that they will argued, &, of course neither can be expected to be now prepared: so that adjourning to Lancaster would be nugatory, whereas by meeting in Bank here we may go through the routine of business, & some causes may be argued. I need not tell you that we both join in wishing for your aid - should we be deprived of it by the state of the health of the City, or if your leg should not be perfectly well, we will postpone intricate cases - & when we doubt, advise. I presume our Brother Brackenridge will be down, if the health of the City should continue as at present. - I am afraid our Citizens will be too eager to return from the Country which may produce a relapse, if any of the seeds of the fever yet remain in the City, as I still suspect. Special Juries are not to be Summoned. If you should come down, you must roost at my House, should there be the least whisper of the least remains of river - unless it should be ascertained, beyond a doubt, that the City is clear of it. - Madam will not let me go much down Town - although she went out at 10 o'clock - through various parts in the City & is just now returned as the Clock Strikes two - this is the 3d time within a week that she has been longer out that usual, through various parts of the City. - the next time she attempts to go, while there remains any doubt as to the health of the city, I will certainly accompany her as I have declared to her: and, in that event I will not only permit, but I will invite the Girls to return as soon as they please in order that we may all share our common danger: - I read this to her - the last intimation alarms her - she says she will not go to Market on Saturday - at this instant a Packet from the girls stated to be sent by Mr. West has been delivered to me inclosing a Letter from you to the Chief Justice, which he will receive tomorrow as he & Mr. Bend are both gone to Schuylkill, where I heard them say - they meant to Dine. Eliza says your Leg is much better. You are always to suppose that I request you to say, after my manner, every thing which esteem can dictate, to both the good families. Philadelphia I am yours respectfully 17th August 1802 } Thomas Smith P.S. Be so good as to send [inserted: a Note] to the Surveyor Generals officer for Certified Copies of 1. A warrant in the name of John Vanderen on Higgory's Run including both branches & a deer Lick &c Dated 10 Augt. 1776 - then in Bedford County 2. A Survey of 296 & allowance made in said Warrant 16 [text loss] in (now) Somerset County - keep them till we sit out [text loss] I will re-imburse the expense. [address leaf] Honourable Judge Yeates Lancaster [docket] Philada. Augt. 17. 1802 Thomas Smith Esqr. (answd. Augt. 20 & Ins. [M Veagh].)