1797] THE COLVILL ESTATE 33 PS. I wou'd thank you for causing the Advertisement herewith sent, to be inserted agreeably to the endorsation thereon, and for paying the expence for doing it. Send me the History of the United States (by whom I know not) but the one which contains Nos. 5 and 6 alluded to in Colo. Hamiltons late Pamphlet.19 *To GEORGE PEARSON 20 Mount Vernon in Virginia, September 15, 1797. Sir: Your letter of the 12th. of May has been received, but not until within these few days: to which you will please to consider the following as a reply. Having been long in public life, and but little in this State for the last five and twenty years; and moreover having had but very little agency in the Administration of the deceased Colo. Thomas Colvils affairs even antecedant thereto, no consideration short of being the surviving Executor of his Will and the imperious necessity occasioned thereby of bringing matters to a close, could possibly have induced me to resume any Agency therein. Under these circumstances however, I have at all times, of late, when it was in my power, used my best endeavours to have the accounts closed, in order to ascertain the surplus which that Gentleman had bequeathed to the nearest relations of his Mother, of the names of Stott, Wills, Richardson and Catharine Smith, of Durham; or their decendants: and with much difficulty and the aid of a Gentleman (Mr. Keith) well acquainted with this sort of business, have accomplished it, as you may see by having recourse to a notification in the London 19 From the "Letter Book" copy in the Washington Papers. The pamphlet is known as the Reynold's Pamphlet. It was printed by John Bioren for John Fenno (Philadelphia: 1797) under the title Observations on Certain Documents Contained in Nos. V and VI of The History of the United States for the Year 1796, etc. Clerk of the Peace of Durham, England. Gazette of December last consequent of a decree of the high Court of Chancery in this State. The persons just named, or those claiming under them, may, perhaps, be disappointed at the smallness of the sum, viz, nine hundred and thirty two pounds seventeen shillings an seven pence three farthings, estimating dollars at Six shillings; which, upon the final settlement was found to be the surplusage of the Testators estate after his Debts and special legacies were discharged; but if they will advert to the clause of the Will under which they claim, and which was published in England many years ago, there ought not to be any surprize, as it there appears that the Testator himself was in doubt whether there would be any overplus at all. The reason why that sum (now actually in the Bank of Alexandria) was submitted to the decision and disposition of the Chancellor, was, because there had been so many claims exhibited; of so vague a nature; and some of them accompanied by such unjust and indecent insinuations, that I did not incline to enquire into the merits of the respective claims, or to become responsible for the distribution of the Money. All those who have pretentions under the Will to a Share of the before mentioned sum, will now know where to send their proofs; and to receive an order for their proportion of the Devise, having nothing more to do in the matter myself. I am etc. *To ANTHONY HEUSLER [N. Y.P.L.] Mount Vernon, September 18, 1797. Mr. Heusler: I should have written to you at an earlier period, but for the following reasons. First, because as I informed you, I had written to Scotland for a complete Gardner under Indentures; and expected every day to learn the result of my application. I could not therefore, 1797] A GARDENER 35 enter into engagements with another without hazarding a disappointment to one of the parties, or a surplusage of men in that line, which would have been useless, and inconvenient to myself; and secondly, because I requested you not to forego any other plan you might have in contemplation, while I remained in the state of incertitude I had expressed to you. I have now, within a day or two, received a letter from the Gentleman to whom I applied in Scotland, to engage me a Gardener, promising that he wd. endeavour to comply with my request, and hoped he should succeed; thus, the matter stands on uncertain ground yet. The presumption however is, that a few weeks will decide whether I am to receive a Gardener from Scotland, or not: If the latter, I will delay no time in giving you notice thereof; and will accompany the communication with the specific terms on which I would employ you: which, if you shd. be disengaged at the time, will require no other answer than yea, or nay. I can only repeat now, what I said to you when you were here last, that from the circumstances I am under, and the uncertainty of the case, it is not my wish, or desire that you should avoid any employment worthy of your acceptance, in expectation of getting into my Service. I remain etc. *To WILLIAM TRIPLETT [N.Y.P.L.] Mount Vernon, September 24, 1797. Sir: I have examined my land papers, but find I possess none which relate to my purchase from Mr. Simon Pearson; all of On September 20 Washington wrote to Augustine Davis, publisher of the Virginia Gazette and General Advertiser, at Richmond, and to Matthew Brown and Leonard Yundt, publishers of the Federal Gazette and Baltimore Daily Advertiser, Baltimore, requesting the insertion of an advertisement for the sale of covering jacks, descendants of "Royal Gift" and sundry horses and mares. This letter and the text of the advertisement, which was signed by James Anderson, manager, is in the New York Public Library. them having been turned over, with my transfer, to Mr. Lund Washington. I can form no idea of what Grafton Kirk &ca. are to exhibit in evidence on this occasion. I sincerely believe that all the proceedings in, and docking of, the entail of the land to which Mr. Thos. Pearson now sets up a claim, were strictly conformable to law, and of more validity than Graftons testimony; whose impression of it, is not quite immaculate, but so much the reverse, as to be a ready witness upon all occasions. Nothing suggests itself to my mind as ground on which a suit can be instituted, unless it be alledged that some of the Jurors were not freeholders, a thing I never have heard surmised, and strange indeed to be proved, five and thirty years after their verdict was given and (as I presume) admitted to record. The Deeds, if well drawn, do, no doubt, recite the case, and names of the Jurors, but admitting the foregoing mistake in the Sheriff, would a Court of equity suffer an innocent purchaser to sustain an injury from the misconception or inattention of that Officer to his duty? I think not. You told me on Saturday that Simon Pearson left no legitimate children, and that his Brother Thomas was the lawful heir, but to whom has descended, or rather to whom did Simon (if he left a Will) bequeath his Estate? For if there be any irregularity in the process of docking the Entail, and Thos. should, which I think not at all likely, recover the land for which he is contending, that estate must be resorted to: It cannot surely be in possession of Thomas, for in that case the contest wd. be with himself, because he wd. have to pay for all he obtained. When you know the result of the evidence you are summoned to hear, I shd. be glad to be informed of it, and with esteem I am etc. [N.Y.P.L.] 1797] A HOTEL SUBSCRIPTION TO THOMAS LAW 37 Mount Vernon, October 2, 1797. Dear Sir: Your note of the 28th Ult. by Mr. Frestal, was received on Friday last. My expences are so great and my resources so small, that it is but little in my power to promote such plans as you advocate. To clear me out of Philadelphia, and to lay in a few necessaries for my family, I sold two valuable tracts of land in the State of Pennsylvania a short time before I left the City. for 22,000 dollars; and since my arrival have sold other lands in Virginia the proceeds of all which (so far at least as hath been received) are nearly expended. To encourage however a Hotel at the Capitol, I authorise you if the plan is likely to succeed, on the terms you have suggested to put my name down to five Shares. I am glad to hear that the public buildings progress well. As the period for their accomplishment approaches, there can be little doubt but that private buildings will also advance rapidly; I wish they were in such a state of forwardness as to claim the attention of Congress, if the Calamity which is inflicted on Philadelphia and other Sea port Towns, should render the removal of that body from the present Seat of the Government necessary. We rejoice to hear that Mrs. Law and the little girl are well, we are so. And all Unite with Affecte. regards for you and them, With Dear Sir etc. *To THOMAS C. MARTIN 21 Mount Vernon, October 3, 1797. Sir: I have already erected a threshing machine on Mr. Bookers plan, and was on the point of putting up one or two more "Of King and Queen County, Va. |