1799] THE MERCER ESTATE 317 January last, and wish, sincerely, that it was in my power to give you a more satisfactory answer than follows. You will have been informed from the correspondence with Mr. Montagu, with which you seem to be acquainted, that the Mortgage of Lands, &ca. given by Colo. George Mercer to Mr. Gravatt and Miss Wroughton or the Power of Attorney to sell the sum was contested by the Mortgagees of the same property in this Country, under an authority vested by him, to his brother and James Mercer; and that it was necessary to institute a suit in our High Court of Chancery before any ulterior measures could be pursued with respect to either of the Powers. The result of which was a Decretal order to sell the Estate subject to a final decree, with respect to the different claimants. This was accordingly done (on twelve months credit, agreeably thereto) in November 1774, and Bonds, with security, taken for payment of the purchase money. Before these became due in Novr. 1775, the dispute between this Country and Great Britain became serious. In May, I was sent by the State of Virginia as one of its delegates to Congress; and by Congress to command the Armies of the United States the June following. Clearly foreseeing that this dispute was not likely to terminate shortly, I wrote to Colo. Tayloe (the other acting Attorney) and before the Bonds became due desiring him to collect, and deposit the money agreeably to the Decree of the Court, as I cd. render no further assistance, and would not be responsible for any proceedings thereafter. The view I had taken of the dispute was confirmed by the event; and excepting the short period of the Siege of York, I was upwards of eight years absent from this State suffering material wrongs in my own private concerns, because I could bestow no attention on them, which I mention, merely as an evidence of my incapacity to attend to those of others. The deranged state into which the war had thrown matters in this Country, and the shutting up our Courts of business for the first years of it; and Colo. Tayloe's death happening soon after, I was much pressed by the Claimants on Colo. Mercer's Estate in this Country, but always refused, to renew my Agency in that concern. In consequence of which, Colo. John Francis Mercer, another brother of Colo. George Mercer, having a large claim on his estate, applied for, and obtained a decree of the same Court of Chancery, to receive all the monies due on the Sales, subject, as in the former case, to the final decision of the Chancellor. This statement is given from memory, all the papers relative to the business having passed from me in consequence of the above decree, but I believe it may be depended upon as substantially accurate. What the present Agent has done, or how the matter now stands, is unknown to me. He has removed from Virginia into Maryland, and resides near Annapolis; and is a Gentleman of property. With respect to the advance of Six thousand pounds on Land belonging to Colo. George Mercer, situated on the River Ohio, I can say nothing; because the subject is now, unconnected entirely with the business on which I was formerly concerned. Colo. Mercer has or had, some very valuable Lands in that Region; but in whose possession they are now, or under what predicament they may be found, I know not. I wish it had been in my power to have answered your letter more satisfactorily but my public duties compelled me to relinquish the trust, with which I was vested at the commencement of our Revolution. It was placed in the hands of the Gentleman whose name I have given you, two or three years before the close of it, and my own business have been so much deranged by an absence [illegible] short intervals) of twenty five years 1799] A MISTAKE 319 from home, as to require all my attention to recover [illegible] I have the honor etc.80 TO CHARLES JOLLY [N.Y.P.L.] Mount Vernon, July 30, 1799. Sir: I am quite ashamed of the error I committed, in passing my receipt to you for fifteen, instead of fifteen hundred dollars which you had the Kindness to be the bearer of from the Bank of Pennsylvania for my use. The notes of Columbia (the greater part) being for small sums it required some time to get at the amount of them: this circumstance, writing to Mr. Fox, and fear that I was detaining you, as you were under engagement to dine in Alexandria occasioned hurry, and the consequent mistake. I hope I was more correct in my acknowledgment to the President of the Bank of Pennsylvania. It was my intention to be so in both cases. I am etc.81 *To DOCTOR WILLIAM BAYNHAM 82 Mount Vernon, July 30, 1799. Sir: The bearer [illegible] my Ploughman, has, for some months past, been afflicted with a tumour which has occasioned "See various letters of Washington to George Mercer (vol. 3) concerning this matter and a group of letters in the Appendix. On July 29 Washington wrote to Daniel Morgan, acknowledging a duplicate of Morgan's letter to the Secretary of War, recommending sundry persons for military appointment. The draft of this letter is in the Washington Papers. On this same day (July 29) Washington wrote also to William Berkeley, the Treasurer of Virginia, concerning John Fitzgerald's authority to represent Virginia at the coming annual meeting of the Potomac Company at Georgetown. A press copy of this letter is in the New York Public Library. 81 From a tracing of the original in the West Virginia Department of Archives and History, through the kindness of Clifford R. Myers, State historian and archivist. 82 Of Essex County, Va. "The plowman's name was Tom. partial, and threatens (if relief can not be obtained) total blindness.84 He has been under the care of Doctor Craik and others, without receiving much, if any benefit; and being desirous of relieving him from so serious a malady, if he can accomplish it, I send him to you. What operation it will be necessary for him to undergo, how long to stay with you; or what expence to incur, you better than I, can decide. The [illegible] you will be the judge of, and the latter you will add to your Bill. I would thank you for a line by the first Post (after your rect. of this letter advising me of his arrival; and [illegible] medium of conveyance of his departure. I am etc. To ALEXANDER SPOTSWOOD [N.Y.P.L.] Mount Vernon, July 31, 1799. Dear Sir: I have been duly favored in the receipt of your letter of the 25th instant, and thank you for the kind information given in it respecting the removal of Mr. Duval to Kentucky; and your intention of embracing the earliest opportunity of inquiring after the conveyance from the deceased James Mercer, Esq. etc. to me. Inclosed is the deed from General Lee to me for the land he sold me, lying on Rough creek in Kentucky, now sent for the purpose of transmission by Mr. Duval to Peyton Short Esq. to whom, having received a very polite tender of his service in Kentucky, civility (as he will be the medium through which the business is to be transacted) required I should write. I leave my letter to him, covering the Deed, open for your perusal; requesting that you would be so good as to inclose it "Dr. Baynham operated on both eyes. 1799] KENTUCKY LAND 321 in one from yourself to Mr. Short; and in a particular manner recommending them to the care of Mr. Duval. If eighteen months are allowed by the laws of Kentucky for the admission of proof, there is yet sufficient time for Lee's Deed to me to be recorded in that State. If otherwise, Mr. Short, I persuade myself, will advise me thereof. I think your determination to qualify your son for the duties he will have to perform is highly proper. It will give him confidence in himself and advantages in the eyes of his superior officers, which cannot but be serviceable to his rise in the navy. Mr. Thom's name shall be entered on my list, and his pretensions duly considered and compared when an arrangement of the whole is to be made. Mrs. Washington unites with me in every good wish for yourself, Mrs. Spotswood and family, and I am etc. *To PEYTON SHORT 85 Mount Vernon, July 31, 1799. Sir: I avail myself of your obliging offer (when last in Virginia) to serve me in Kentucky, by requesting the favour of you to have the Deed, herewith sent admitted to Record in the County of Kentucky, in which the land may now be, if a devision of Jefferson has been made since the granting of the Patent, originally. This Land was conveyed to me by Genl Lee, and is of Record in the Territory of the Commonwealth before Kentucky was acknowledged as a State; but I thot. it best, on account of some little informalities, (which, however, would not have affected the title) to have the business take its present shape, wch makes it necessary to be of Record in the County and State in which the land is situated. From a copy in the Toner Transcripts in the Library of Congress. |