Permit me to return your Excellency my thanks & acknowledgements for my honorable appointment of a Judge of the Court of Oyer & Terminer for this district. But, at the same time, it is with real concern, I inform your Excellency that, together with Mr. Penn's inflexible obstinacy, & my diffidence from consciousness of my inexperience & want of abilities to discharge the very important & arduous duty of a Judge, there was no Court. I am sorry to say Mr. Penn's excuse was a very faint one; & of which he did not inform me in his answer to my letter, sent him immediately upon the reception of the Commission, but, on the contrary gave me to understand that he would sit in conjunction with me. I wrote him expressly that I could not by any means reconcile to myself, acting in so important a department without a co-adjutor, for the reason above, especially as the criminal Laws of this State are now rendered extremely vague & uncertain.

Thus much I have thought proper to inform your Excellency, least by misrepresentation (which but too often happens) unfavorable impressions should be made of my conduct in this instance.