Albany January 1. 1832.
My dear Sir
The Court of Errors decided the last cause on their calendar
on Friday and adjourned yesterday (Saturday.) The causes which I
heard argued after my return from Baltimore to this place last sum-
mer were the last causes decided; I of consequence was compelled
to remain here. I hope as the sleighing is fine that our friends in
Cayuga will have a good, spirited harmonious convention to-
morrow.
The Court of Errors by a vote of 16 to 8 affirmed the judgement of
the Supreme Court in the case of Cram vs Hendricks. Whereby it was
decided that the indorsement of a business note by the holder upon
a bona fide sale of it to a third person for a consideration less
than the amount due on the note is not usurious. The Chancel- or was in the minority and read and very laboured opinion
but Mr. Maynard carried the Court by one of his most
vigorous efforts.
The case of Wood vs Genet was very intricate and important,
the judgement of the Supreme Court (in favor of Genet) was rever-
sed by an unanimous vote. The Chancellor and I read opinions
In the view of the case taken in his opinion he intimated that
though for error in the Judge below on the trial, the judgement must
be reveised and a venire de novo awarded yet that Genet would
on the new trial be entitled to recover. I maintained the direct
reverse—the Court distinctly assumed my opinion as the ground
of its judgement. The Regency men speak (confidentially) not very
highly of him.
Mr. Geo. B. Throop has closed his senatorial labors, and (if I am not mis-
taken) without having established any very strong interest or attachment
toward him in the party to which he is devoted. He went off for aught

that I saw "unwept unhonored and unsung." No demonstration at least was
made of any regret at the parting. The probability gains ground that
Edward P. Livingston will be the next masonic candidate for
Governor. The respect paid to the present incumbent is as the
Masons would express it "a homage due to the chair in that degree."
No designation of a candidate has yet been made by the Regency
and as neither of the two candidates has any strong interest in the
party it is not impossible that some third person may yet be taken
upon.
It is said that the question of who is to be speaker of the Assembly
is settled. It has stood as is supposed thus. Livingston of New York
is here for the third time. Without pretension to talent or industry in
any eminent degree he has been a respectable member—and is a
princely fellow—and exceedingly popular. Him the public opinion
seemed to fix upon as the proper person for speaker. But he was
once a Clintonian or rather he is a Clintonian Jackson man—he
has been somewhat restiff too. Last winter he and Selden led the
opposition to Moorehouse's resolution against the United States Bank.
He has dared also to speak irreverently of the [ Mechaic ] and Farmers
Bank and is in short in unison in sentiment and action with the
Courier and Enquirer in its attacks upon the Argus. Him therefore
the Regency wished to defeat. First they spoke of Myers but he
is a gluttonish Jew, next they spoke of Otis, but he had not personal
popularity enough but and besides that has not industry or pliability
enough to commend him to the purposes of the Regency. At last their choice
fell upon Mr. Litchfield of Onondaga but the thing was too preposterous
and it is said that last night they came to the conclusion to make
a merit of necessity, and abandoned opposition to Livingston—but
to deprive the selection of an unfavorable affect a resolution is to
pass the Caucus [ declaing ] opposition to the United States Bank.
This opposition to the United States Bank is to be recognised as the

leading trait in the Van Buren party to be organized immediately af-
ter the election of General Jackson.
Whittlesey writes that the opinion gains ground at Washington
that Van Buren's nomination will be rejected by the Senate. The
proceedings of the late Caucus in Virginia indicate that he is cast off
in that State and I begin to think that it would not be hazardous
to reject his nomination.
The Jackson men cannot make their plan
of a United States Convention go down—all are jealous of Van Bu-
ren and reluctant to commit themselves by a convention.
The Masonic members of the late National Republican
Convention signed some kind of manifesto recommending
the surrender of Masonic charters which they make the
ground of an overture to us for the support of Clay they
proposing also to go for Granger. Thus having sinned away
the latest hour they now exhibit signs of unavailing re-
pentance.
We have begin to discuss the time for holding our state
Convention and I think it will be early. We are also t[ o have ]
printed several thousand copies of the trial of the libel
suit of Gould against Weed.
I received yesterday a package of papers from Mr. Beards- ley all of which shall be duly attended to.
We are all well. Frederick has grown much since he left
home - and begins to articulate quite distinctly.
Yours affectionately
W. H. Seward
Elijah Miller Esq.

Elijah Miller Esq.
Auburn.
ALBANY JAN 03
Auburn