Intending to be from home during the summer & fall, I shall find it convenient to anticipate the quarter salary which will be payable the 1st of July, for which purpose I enclose you my note for $875 which you will much oblige me by endorsing & getting discounted. I am Dr Sir sincerely & respectfully yrs
I am favored with your letters dated the 11th inst. in regard to the business with McClean, and the Round Bottom tract of Land. I have no hesitation in saying we had better take back the Land, and make the best terms we can with McClain— As far as I am interested, I am willing to submit to your discretion, whatever may seem most beneficial for the whole, and beg you will consider yourselves as entirely unshackled by me in this arrangement. I am very respectfully Dr Sir's Yr Mo. Obt Sevt
Your Letter of the 6th Int. I have this day recd.
Genl Washington in his life time sold to Archd McClain, what was call'd the round bottom tract, on the Ohio, containing 587 acres, with a general Warranty, at the price of ten dollars an Acre. He was bound to take in part payment a House in Alexa. at valuation, The house has been valued, (very high as we think) and possession deliver'd to us. McClain has been sued by Tomlinson for a considerable part of this land, and a judgment was render'd against him as we understand, upon the ground that the survey was made prior to the warrant.
I have not read over the report of the Hab. Corp. case decided in the supreme Court, as pub[l]ished in the National intelligencer & other papers; but I presume it to be correct. I am very sure however, that if any inference can be drawn from the opinion given in that case, to favor the idea that prosecutions at common law cannot be sustained in the federal Courts, such was not intended by the Judges. That point was never glanced at in or out of court, nor do I know what are the sentiments of my brethren respecting it.
Mr Parks having agreed to give the Deed of Trust, I have spoken to Mr Hay, who is willing to take it. Mr Parks to give his bond with the Deed, & the property to be sold if not paid in twelve months. If you will be kind enough to take the papers with you to Baltimore, when you go on your Circuit, the papers may be executed. The Bond I suppose must be made to Col: Washington, & by him assigned to me, & by me, to the persons who have the agreement. I am with great respect your obedt Servt
Genl Washington in his life time sold to Arch. McLain what was called the round bottom tract on the Ohio, as containing 587 acres, with a general warranty, at the price of ten dollars an acre. He was bound to take in part payment a house in Alexa. at valuation. This house has been valued, (very high as we think,) and possession delivered to us. McLain has been sued by Tomlinson for a considerable part of this land, and a Judgt was rendered against him as we understand upon the ground that the survey was made prior to the warrant.
Being about to leave home for a considerable time it will be necessary for me to provide the means of supplying my two nephews John & Bushrod Washington, now at School at Mr Oneils with such clothes & other articles as they may stand in need of during my absence.
Having determined to advertise my Kenhawa Land in some of the Western Papers it becomes necessary to designate the portion of Lot No. 9 which may fall to my share— the last time we conversed upon the subject—I think you mentioned it was not material to you which part of the Lot you possessed— Mr Lewis will of course have the upper part—& if agreable to you I will take the lower 400 acres, or if you would prefer it—the middle woud answer me as well— Your answer before Monday will much oblige me.
J. Madison presents his respects to Judge Washington and takes the liberty of sending him the inclosed papers left in his hands by <2m> Lewis the son of Mr F. Lewis, who did not live to apply for them. Should any other destination be proper, the Judge will be so obliging as to give it to the papers.
I regret extremely that I did not, until yesterday, receive your fav. of the 12th int— this happened in consequence of an indisposition that confined me to the House for the last 10 or 12 days, and my neglect during that time, to send to the Post Office.
The [following] is a copy of the law requested by you.1
I recd your favor of yesterday, the interest you have taken in my affair, in your communication with Mr Hoy, I very sincerely thank you for, and I loose no time in answering your Letter. I do assure you I am as anxious to pay this debt as Mr Hoy can be to receive it, and if it was in my power to settle it at the shortest period that could be thought of for the convenience of Mr Hoy; it would give me unspeakable pleasure to do so, but to name a time that I could not possibly comply with, would be only trifling with him, and exceedingly injurious to myself.
It may be proper to send the enclosed letter to the gentleman who may be applied to to bring the suit agt Saml Washington. I am very uneasy about the taxes due on our Kenhawa & ohio lands lest they may be forfeited & wish you could come up at once that we may consult on the proper steps to be taken. We have only till the first of March to save them. In haste yrs sincerely
I had the honor of receiving your letter of the 13th and 30th Ultimo by the last of which I find you have satisfied yourself of the mode to be pursued relative to the lands being entered upon the Commissioners books of the County where it lies, the uncertainty of the copy of the Deeds reaching the Commissioners of the respective Counties is such that I would recommend those concerned to see to its being done.
At a time when we hoped to recieve mony from you & thought it not unreasonable to expect it, we were greatly disappointed in getting an argumentative letter in which you endeavor to prove that we cannot legally call upon you for payment of any sum until some future period. The ground upon which you seem solely to rely is that for want of a deed, you have not been legally in possession of the land.
Three days since, I paid Doctor F. Peyton the amount of yr order, with interest from the 25th of March, & have his recpt for the same. As this in great measure settles my debit to the Estate I would thank you for the two old bonds, I gave at the 1st sale.
Immediately upon the rect of your favor of the 8th. I wrote to a friend in Alexandria to enquire of the principal of the Academy at that place whether a gentleman possessing the qualifications of Mr Aigster could be employed in that seminary upon such terms as he ought to accept. or whether there was a fair prospect for his succeeding at the head of a school to be formed by himself. A few days after this Mr A. did me the favor of a visit, when I informed him what I had done, and promised to write to him should anything offer worthy of his notice.
I read your letter of the 15th. Please inform Mr Caldwell that we have no bond or other instrument from Mr Parks on which a suit can be found against him in Maryland. I think his best way would be to bring a suit in the Chancery court of Virginia against the land or in Maryland agt Mr Parks personally & only resort to the Chancery suit in case it Should become necessary which I presume certanly would not be the case as Mr P. must be suffisient for a much larger sum than what he ows the estate what I mean to express is that Mr P.
Your letter of the 29th Octr came to the hands of Mr Lewis during my absence from home & could not be answered effectually till my return which was only three days ago. I have lost no time in complying with your request, & now enclose a Copy of the Survey of the Ashbeys bent tract taken by myself this day with all the accuracy in my power. The map, if not perfectly correct is nearly so & will give a tolerably Just idea of the form of the tract; the boundaries are truly copied. I would have sent the original survey if Colo.
I only returned home three days ago and after consulting with Mr Lewis. I lose no time in giving our answer to your letter of the 10th of November.
I have just time to send you the enclosed which I found here on my return from Jefferson County the day before yesterday.
I have so many letters to answer & so much other business to transact that I scarcely know what to begin with first.
Present our love to Mrs W. & believe me My dear Sir very truly yr friend
I have sent the deed to Mr Parks to mr Lewis to execute with a request that he wd enclose it to you before friday. Should you not recieve it it will be unimportant as Mr Parks at any rate would have to send it back to us to have it recorded & therefore the mere form of sending to Mr Parks is altogether unecessary. you can write him so by mr Hoy who will nevertheless get the mortgage executed.
I am just setting off from home & am much hurried. Sincerely yr affect friend
Your letter of the 21: I recd yesterday. I have written to Mr Robinson agreable to your request, and I hope he will accede to your proposal. I enclose you a certificate respecting the time <when> you sent me your account agt Mr Robinson.
I yesterday recd your favor of the 8th. I have no objection to the alterations in the petition which you suggest, altho' I apprehend no inconvenience which the devisees of the General ought to apprehend from disclosing the defects in their title to the Northwestern lands. This Subject had not escaped my attenti<on,> and so long as there was a prospect of securing the title under <mutilated> warrants I concealed this weakness from all but those with whom I was compelled to consult for the purpose of protecting the title.