To Lawrence Lewis
Jany 18th 1821—
My dear Sir
Altho much too unwell to attend to business of any intricacy or which requires a reference to papers, there can be little difficulty in making the necessary observations upon Mr Hammonds claim. In the first place I do not believe that in the contract with H. we engaged to assign Ashtons Mortgage, for if we had, I presume he would have called for it. Neither do I think that if it had been assigned, it would have entitled Mr H. to collect the rents, unless he had first recovered possession by Ejectment or foreclosed the mortgage, till which time, the rents were properly payable to Ashton or to his representatives. Nevertheless I have no objection to making the assigment, provided it can be first ascertained that the property mortgaged & not released by us to H. is now an adequate security for the debt due to us and the other objects for which the mortgage was given. This I will get John Washington to ascertain & inform us— You can at once give this information to Mrs. H. and add that altho the security should be deemed insufficient, we will still make the assignment, if she will make it sufficient.
As to Mr Peters claim I know nothing of its Justice & can therefore give no opinion— the thing I am clear in is that we, as executors, have no right to interfere, particularly as the water lots have since been sold to a person who would not regard any decision of ours— Sir that person & Mr Peter litigate the question whether the water lots were or were not sold to Mr P[eter].
I am sorry to inform you my dear Sir that my health is far from even tolerable— The intermittents of last autumn & their frequent recurrence this winter accompanied by a very morbid state of the Stomach seems very much to have impaired my Constitution. Since Sunday I have had three attacks of the Ague or rather chills succeeded, last night particularly, by high fevers— The whole accompanied by Dyarrhea which more than all tends to debilitate me. I hope that the remedies using by the Doctor will eer long enable me to avail myself of such opportunities for taking exercise as may offer, from which I should hope to obtain great benefit. With affect. regards to Mrs. L. & Cousin P. & respectful Compts to the Miss D’s I am very sincerely & affectly yrs
Bush. Washington
I return the papers concerning the City Lots—
P.S. Since writing the above I have looked over Hammonds papers, and feel not clear that we ought on any ground to offer an assignment of the mortgage; but really my head is at present too confused to authorize my doing business of any intricacy— Say therefore to Mrs H. that my indisposition prevents the necessary attention being paid to the subject she writes1 about. I will look into the business when I get better should it be the will of Providence this shd happen.
ALS, ViMtvL; Esther Maria Lewis Chapin Collection.
1. BW first wrote "rights" instead of the word "writes."