Yesterday, in conversation with Mr. FitzSimons (who, you will doubtless recollect, is one of the commissioners on the claims of British debts) he mentioned two questions of vast importance which were presented at the threshold of the business: one, ^on^ which side lay the onus probandi respecting the solvency or insolvency of the debtor—the other, whether interest should or should not be allowed during the war.

He remarked, that from the decided abilities of Mr. McDonald, one of the British Commissioners, he saw clearly that his opinion would govern his colleague; and he was fearful that another, on whom British attachments would naturally operate, would be powerfully influenced, if not decided, by the same opinion. Under these circumstances, he expressed his strong solicitude to obtain all possible light on the two leading questions above mentioned, and particularly to be possessed of your reasoning on the question of interest, in the judicial decision given by you in Virginia— His anxiety seemed the greater on account of the absence of his colleague, Colo. Innes,1 who left this city in August, has been dangerously sick, and is not yet so far recovered as to be able to travel; and so much time has already been lost, it may not be practicable to postpone a determination of those two questions, much longer.

The free correspondence with which you have honoured me, induced me to tell Mr. FitzSimons that I would write you on the subject, and request to be favoured with your argument on the question of interest. I presumed there would be no impropriety in your making the communication, or I should not have asked it: it may be under any injunction that you may think proper.

If you have time to suggest your ideas on the other question, Whether the British creditor must prove the insolvency, or the American Government the solvency, of the debtor, at any given times, I know they would be gratefully received.2 I am very respectfully Sir, your obt. servt.