From Richard Peters
[30 July 1810]
Dear Sir
I have been waiting since the Reciept of your kind Letter for the Return of my Son who is out on a Summer Excursion, & as the Weather has been bad, I expect he will prolong his Absence. When he returns I will endeavour but I do not believe it will be possible for me to give any extensive Account of my Responsibilities in the Country. I have abandoned the Hope of accomplishing it, as they are scattered thro' every Quarter of the State, & no regular or any Account kept. Added to this, Deeds are seldom recorded by Country People, unless they sell or some Transaction happens, requiring it. I lost during the War a Box of valuable Papers in which I know important Information was contained. I never could recover it, with all my Endeavours. In modern Times I know that I have very often given Engagements. Mr Duché my Co-Executor was attainted of Treason. I had Wilson's Opinion that he was civiliter mortuus & sold Lands & gave Deeds with Engagements against this Circumstance, as well as general Title, as there were Doubts. My Uncle had hundreds of Tracts great & small, & in very many Instances there are Covenants of his or mine, as to Title &c. Our Statute of Limitations may protect against the most of these, but against all it will not.
The City Lots are in the most precarious State. There may be actual Warranties to the Amount of 10,000$ or more. But there is always a Liability if superior Title can be shewn to that of the State (under whose Title I convey) by Persons under Age, & beyond Sea who are exempt from the Statute of Limitations, & also from the Law under which the State conveyed. Some of these begin to appear. But there is a dormant, tho' I think an unjust Claim, which may reach one half of the Proceeds—or it may be defeated, or never come forward. I have explained this to the Counsel; & understood they had mentioned it, as one I dared not explain or identify; as it might be equally injurious to my Co Residuary Legatees as well as myself so to do. Beside this there are Claims for old Debts bearing Interest & not barred; for old Land Office Transactions—patenting Lands sold &c. I resist & shall resist them; but I should not be solely responsible in Cases where I cannot do it successfully.
Under all these Circumstances I proposed a general Engagement on the Part of Statham, with whom alone I have to transact the Concern. If he, who is a Trustee for his Sister's Children, thinks Counter Security necessary from them, I supposed he must look to it; as I concieved I had no direct Communication with them.1 I therefore agreed to a Draft of a general Engagement of Guarrantee against Claims on the Estate including all; both Country Lands & City Lots; in whatever Shape Claims either to Debts Lands or Monies arising out of Sales of Lots should appear & be established. And as I do not require it to be given in any Sum specified, I presumed my not identifying specific Responsibilities was not essential. If there are no Claims, so much the better for all of us. If there are I should not be the Scape Goat. As to Limitation of Time, I see every Day that some Claims are eternal. And, as Mr Patterson said of Justice, they may sleep, but never die.
This is the unvarnished State of general Facts; & I avoid everything I hope improper for me on this Subject to say. What I do say I would confirm by Oath if it were necessary, but it was necessary to shew why it is utterly impracticable for me to identify Responsibilities; tho' their Amount may be great or little according to Chances.
Copy, in Peters' hand, PHi: Peters Manuscripts. The docket reads, "30 July 1810. Ansr to Judge W's Letter."
1. Possibly James Tatham, a merchant listed in the Philadelphia directory of 1810.