ae i Y ie ee rt ay CS : fy Sea a bes Pi bears he Ly Fees LG.Uh Os ge ae y Ie ee ee pat Soap: QI LCK ty pa sae: ee epee iy: Sabet gr University of ze rem E a 5;.P98; — | of Georg ih i |me ie i ion Ai| } | i ; | { i | } | (an A =e eee LIBRARY OF THE UNIVERSITY OF VIRGINIA FROM THE BOOKS OF FRANCIS MARION WIGMORE 1872-1952THE ESTATE OF GEORGE WASHINGTON, DECEASED| 1; } | nt alae HOUDON’S ORIGINAL BUST OF WASHINGTON, AT MOUNT VERNONir Rees Pes TE OF GEORGE WASHINGTON, Deh Ge AS” ED. Bee Eb WeG ENE Eee PRUS SENG: Wale-h eh lk Ee Us i Rk A TiO N: Se. B © S f GaN: PaAUeB ales Hook» IN MeCM xX XV It Be Pit Thee ROW N: AND COMPANY.Copyright, 1927, By LirTLe, BRown, AND COMPANY All rights reserved including the right of translation into all languages, the Scandinavian included. Published, November, 1927 © 0: ae . . e * Siw ene ¢ e ee ee s PRINTED IN THE UNITED STATES OF AMERICATo the Memory of My Parents, MOwLS EH EN. and ERNSee ERs SuNG this book is dedicated. HE WAS A CAPTAIN IN THE REVOLUTION OF 1848 AND SHE WAS OF THE SAME SPIRIT. THEY WERE CITIZENS OF THE UNITED STATES BY COSTLY CHOICE FOR MORE THAN FIFTY YEARS. THEY BROUGHT TO MATURITY THREE DAUGHTERS AND THREE SONS. THEY TAUGHT THEM TO LOVE THE LAND AND REVERE THE MEMORY OF GEORGE WASHINGTON, TO BE FREE FROM FEAR, SUPERSTITION, HATRED AND PREJUDICE, AND TO LOVE MANKIND. TO DO GOOD WAS THEIR RELIGION.PREFACE More than one thousand books have been written and printed about George Washington. They usually treat of his personal affairs only to the time of his death. The subsequent history of his family and his belongings, except Mount Vernon, has received practically no attention. Yet the subject is so large, so obvious and so interesting a study, that it should have received earnest and competent atten- tion long ago. It had to be begun now to avoid the complete loss of records and monuments which are its witnesses. After repeated casual readings of his will and schedule of estate and a number of visits to Mount Vernon, the subject was suddenly suggested to a mind familiar with legal and probate history. A little examination of the estate and the recorded proceedings concerning it in the fifty-one years required to administer it, sufficed to produce the conviction that here was an opportunity not to be neglected or lightly dealt with. Not to forestall criticism, but as an honest confession, it should be said that this book is not an attempt at professional historical work or literary composition. It is the effort of one who is an amateur in both, yet saw a need and an opportunity which seemed to be going to waste. The fact that no one has hitherto even approached the subject has been a constant stimulant and also a source of fear; a stimu- lant to the desire to add something to the stock of useful knowl- edge concerning one of the greatest of mankind, a fear that this desire might mislead ambition to overdo and weary the reader with the writer’s prolixity. In respect to the latter I have found comfort in the knowledge that many of the facts which I shall give, often in great detail, are not to be found in print elsewhere, and so at least an acces- sible record is here given for such use as others may hereafterVill Preface make of them. In respect to the desire to add something worth while to our stock of knowledge, I leave the public to judge. It has been well said that “ posterity loves details.” Washington’s holdings in Virginia and six other States were manifold, so that the subject of this book offers variety enough. The administration of the estate was unusually long, its vicissi- tudes and experiences, legal and practical, were many and peculiar, and the lessons in law and wisdom which it teaches are interesting and valuable. The effort made to trace the origins of his holdings has compelled the writing of much of Washing- ton’s business and private life and resulted in new matter. It discloses him in the capacity of an engineer and captain of in- dustry, which perhaps was his true career and character, with the purest of ethics and ideals and continental vision and purposes. If my readers derive a fraction of the pleasure, in- struction and satisfaction which have been mine in the prepara- tion of the book now submitted, I shall be more than glad. EUGENE E. PRUSSING July 4, 1927CHAPTER II III IV V VI VII VIII IX xX XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII XXVIII Contents PREFACE INTRODUCTORY . ‘ : Or WasuHineton’s Last YEARS Or tHe Deatu, FuNerAaL anv Famity Or tHe WILL . : Tue Witt or GEorRGE Ww ASHINGTON Or THE PROBATE OF THE WILL AND THE INVENTORY AND APPRAISEMENT Or tHe Winow Or tHE Dests : : Or tue Goops AND CHATTELS Or rue Casu, Riguts AND CreEpITS Or tHe Bank Stocks : : Or tHe Lisrary AND LiTERARY Rancsive Or THE NEGROES Or tHE Minor BeQuEsts Or true ALEXANDRIA ACADEMY Or Liserty Hart AcApEMY Or tHE NatIioNAL UNIVERSITY Or Mount VERNON : ‘ : : Or “ My Lanp at Four ie Bon ”, AND SQUARE TWENTY-ONE Or tHe Finat CriausEs AND THE WASHINGTON MonvuMENT Or tue EsTATE IN THE oo or WASHINGTON . Or tHe Maryrianp Farms Or tHE Potomac CoMPpANY SHARES Or rue Dismat Swamp Lanp Company Or tHE LANpDs oN THE EASTERN WATERS . Or tHE Outiyine LANDs Or tue Onto River AND GREAT Keane Reoae LANps Or tue Exesecutors’ AccouNTs PAGE Vii 17 24 42 84 92 101 106 112 126 137 154 161 168 173 186 196i { i i | } | | } ; i | 1 i i i | x CHAPTER XXIX XXX APPENDIX I II III IV V VI VII VIII IX Contents Or tHE HammMonp APPEAL . - : : : : CoNcLUSION . : : : : ‘ : 3 : ADDENDUM ; : : : 5 : : ‘ : THe Witt or Martrua WasHineton or Mount VERNON : : : : : > : ‘ : INVENTORY AND APPRAISEMENT OF THE EsTATE OF GrorGe WASHINGTON : 2 . : : 5 Pusric Sates Mave sy THE Executrors or GENL. Grorce WasuincTon, or His Estate . 5 ; ExTRACTS FROM THE “ HANDBOOK oF MANUSCRIPTS IN THE LIBRARY OF CONGRESS” : s : j Tue James Wetcu CorresPONDENCE Wiiyt or G. W. P. Custis. : j : ; Wixi oF Mary C. Ler . : : : E : j Tue Witt or Rosert E. Ler : : ProcrEpINGs IN THE Housr or REPRESENTATIVES OF THE UNniTep StTatTes, ON THE PRESENTATION OF THE Sworp or WAsHINGTON AND THE STAFF oF FraNKLIN, Fresruary 7, 1843. : : : InpEx : : ; ‘ 3 A : : PAGE 364 371 375 389 401 449 460 476 A478 479 481 491Illustrations Hovpon’s OricinAL Bust or WASHINGTON, AT Mount VERNON . : 5 5 ‘ 3 ; : é . Frontispiece PAGE Mary Batt Wasurineron, THE Motuer or PRESIDENT WASHINGTON , : : : e : From the painting by Robert Edge Pine Tirte Pace or THE First Epirion PRINTED OF WAsHINGTON’S WILL : : : , ‘ : : ; : : ‘ : Last Pace or GUNTHER Copy OF WasHINGTON’s WILL. ENDORSEMENT THEREON IN HANDWRITING OF BusHRopD WASHINGTON ‘ : ‘ : : : 2 First Pace or Wasuineton’s Witt As It Now ApprArs TwENTY-THIRD Pace or WASHINGTON’S WILL Last Pace or Wasuineton’s WiLL : ; j ? Lot, Corner oF Prince AND CAMERON Srreets, ALEXANDRIA Devised to Mrs. Washington. The frame building is the duplicate of Washington’s office, removed years ago First Pace or Martua Wasurineton’s WILL, witH SIGNATURE Paces From WasHineTon’s Caso Book Bank or Enciuanp DivmeNnp Orper, SIGNED BY WASHINGTON AND WIFE IN 1759 . : : : : Bank or ENGLAND Stock Lepcer PAgE CONCERNING WASHINGTON ’S SHARES ; : ‘ ‘ ; : CERTIFICATE OF STocK IN BANK oF ALEXANDRIA IN WasHINGToN’s NAME . : ‘ s : Wasuineton ScHoor, ALEXANDRIA : ‘ , : : Lerrers TrestaAMENTARY oN WasuiNneTon’s WiLL, IssuED IN THE District oF COLUMBIA : ; : : ‘ : Last Pace or BusHrop WAsHINGTON’s ANSWER IN MaryLAND Suir, anp His OatrH Taken BeErore Cu1eF JUSTICE MarsHALu : ; ; : ‘ ‘ ‘ : ‘ ; Poromac Fatts 1n Fioop Poromac Faris at Low WATER . : : ; : ; Lock in Cana at Potomac Fatus, Burtt sy WasHINGTON 2 132 168 264 272 272 272xl Illustrations CircuLar From WaAsHINGTON’s Executrors ABout THE DisMAL Swamper Stock ; , ; : : : : : . 282 LEFT-HAND Pacr or WAsHINGTON’s Form or LEase 202 WasHINGTON’s ADVERTISEMENT OF THE Ono RIVER AND THE Great Kanawna River Lanps . : : : : i s 342 CircuLarR FRoM WaAsHiINGToN’s Executors Aspout A FRIENDLY Suir to Serrte TuHeir Accounts . 854 Hovupon’s STaTvuE IN THE VirGINIA STATE CAPITOL cede Maps Map or Oriainat Grant or Mount VerRNoN To CoLONEL Nicuoxtas SPENcER AND CoLoNEL JoHN WASHINGTON . ~« 196 Map or Mount Vernon Mapr spy WASHINGTON . : : « “198 Partition oF Mount VERNON IN 1833 : : : ; Os PartTiTION oF Ono AND Great Kanawua River Lanps . . 840 H | i i H ee ee ee -THE ESTATE OF GEORGE WASHINGTON, DECEASEDChapter I INTRODUCTORY Tue last will and testament of George Washington, and the administration of his estate are subjects worthy of consideration and study, not only by historians and lawyers, but by all laymen. Every one interested in the disposition, management or owner- ship of considerable properties will find there the example of a wise and capable citizen. Washington was one of the ablest of administrators, blessed with long experience, ample knowledge, clear and sound judg- ment, very careful of details, firm in getting what was his due, while generous to others. His every act, especially in so solemn a matter as the final provision for his beloved wife, his family and slaves, was performed under conditions most favorable to security and efficient execution. What the substance of the will was, how it came to be made, by whom it was written, and when; who the executors were (there were seven of them) and why; of what the estate consisted, how long it took to administer it; what, if any, disputes arose, what record was made; and finally what was the history of the bene- ficiaries, purposes and property of the great “Father of his Country,” will not seem unimportant to the studious and patriotic mind. Even the plan to publish an exact copy of the will and the schedule which accompanied it, with some explanatory notes, pro- posed and carried out by Mr. A. Jackson, of Washington, D. C., in 1868, received from Chief Justice Chase the approving words: “ You will do a good work. . . . His character cannot be too profoundly studied or his example too closely followed by his countrymen.” And Charles Sumner wrote the comment, “ The will of Washing-2 The Estate of George Washington, Deceased ton is a remarkable document, exhibiting his character as pro- prietor and paterfamilias and also revealing his best sentiments. Here will be found the emancipation of his slaves and that other testimony, when bequeathing his swords he enjoined that they should ‘ never be drawn except for self-defence, or in defence of country or its rights ’.”’ * The familiar words of Colonel Henry Lee’s eulogy —‘ First in war, first in peace, and first in the hearts of his fellow citizens; he was second to none in the humble and endearing scenes of private life. Pious, just, humane, temperate and sincere; uni- form, dignified and commanding, his example was as edifying to all around him as were the effects of that example lasting ”— afford sufficient explanation for the attempt here made. A short sketch of Washington’s family and his business affairs will be given, to place before the reader the conditions calling for his care, the objects of his bounty and the nature of the wide- spread fortune to which they were to succeed, which was of unusual magnitude, for Washington was reputed the first mil- lionaire of the United States. A review of the general plan and the various provisions of the will, together with the schedule and valuation of his property and the explanatory notes which Washington appended, is followed by an account of the probate records and the executors’ sales and accounts which fortunately have been preserved in the County Court of Fairfax County, Virginia. The original ledgers kept by the active executors, Lawrence Lewis and Bushrod Washington, Washington’s nephews, also have been drawn upon. Some information has been gathered concerning the chief items of the estate, which consisted largely of vast tracts of land in Virginia, West Virginia, Kentucky, Maryland, New York, Penn- sylvania and Ohio. Some further relevant matters have been added to round out the tale. There are some peculiarities in Washington’s will which dis- tinguish it from the common run and entitle it to especial study. 1‘ Authenticated copy of the Last Will and Testament of George Wash- ington,” A. Jackson, publisher, 1868. Sold at Mount Vernon.MARY BALL WASHINGTON, THE MOTHER OF PRESIDENT WASHINGTON From the Painting by Robert Edge PineIntroductory 3 In it he emphasized his sense of the new nationality which had just been founded in the creation of the United States of America; in the opening paragraph he describes himself as “ of Mount Vernon, a citizen of the United States and lately President of the same.” No mention is made of Fairfax County, or of the State of Virginia. Despite his modest statement concerning the will, “In the construction of which it will readily be perceived that no profes- sional character has been consulted, or has had any agency”, neither record nor legend exists of any litigation to fix its meaning or carry out its purposes. Wherever circumstances raised a question it was promptly settled by agreement. Perhaps one reason for this may be the fact that he evidenced in it also his faith in arbitration as a method of settling differ- ences. He required that all possible controversies relating to his estate should be submitted to “three impartial and intelligent men, known for their probity and good understanding”, who “ shall, unfettered by Law or legal construction, declare their sense of the Testator’s intention ”; which is the fundamental rule of the law of wills, though perhaps he knew it not. To make assurance doubly sure, he added, “ and such decision is, to all intents and purposes to be as binding on the parties as if it had been given in the Supreme Court of the United States.” Washington anticipated the modern Trust Company by over fifty years, in appointing a group of seven persons, namely, Mrs. Washington and his and her six kinsmen, as executors of his will. The administration required over fifty years because the last pen- sioner survived until 1832, a friendly administration suit lasted until 1846 and the last sale of land was made in 1851, yet not a single purpose dependent on the executors failed of fulfillment. The wisdom of codperative effort and judgment was signally demonstrated. These are but examples of the suggestions the careful reader will receive from this truly monumental document and the history it made. The most serious difficulty encountered in the present4 The Estate of George Washington, Deceased work was to keep from straying into the alluring bypaths con- stantly encountered in pursuit of the main course of the story. It has been my privilege and pleasure to travel to every place at which Washington owned any real property at the time of his death. In the seven States I have named above, at least fifty counties have been thus visited and searched. From the Dismal Swamp of Virginia to the Mohawk Valley in New York, and from the banks of the Potomac to the Rough Creek of the Green River in Kentucky I have sought his possessions and their history. The trails Washington blazed, the waters he coursed, the roads he built, the canals he constructed, the mountains he conquered, the vast provinces he explored and helped to secure and settle, the Old Dominion he loved, the lands he surveyed, owned, culti- vated and gloried in, the Continental vision he saw in his youth and pursued throughout his life, have grown into a united nation extending across the continent. This has increased from three to one hundred and ten millions in numbers, the inevitable fruit of his wise and efficient labors. These facts have been my com- panions by day and my dreams by night in ten years of wander- ing and study. A little of what I found, felt and enjoyed has been expressed in these pages. In the course of this searching and dreaming it was my good fortune to meet many who could be of service to me. To each of them I presented a brief printed sketch of what I was seeking to do, in the form of the title page of this book and part of this introduction, which I had printed in 1916 when my journeys began. Every person thus approached, in private or official life, 1m- mediately welcomed me and gave me unstinted aid. In many in- stances they presented me with original documents, books and photographs, or freely furnished copies, reproductions and in- formation. So many were there of these friends, as I venture to call them, that I cannot name them all. But a few were so patient and generous in their attention to my subject and my requests that it would be unjust to them and to myself not to make record here. First of these was Mr.Introductory 5 Lawrence Washington, lately in charge of the House of Repre- sentatives Reading Room, in the Library of Congress, at Wash- ington, where for more than twenty years he deserved well of his country. He gave me hearty welcome in October, 1916, and until his death in January, 1920, by reason of his great knowledge, long experience and deep interest in the subject or by virtue of my many requests for help, permitted no opportunity which oc- curred to pass unattended to. His charming manners and mod- est bearing endeared him to me as to all others, and in his untimely death I lost a friend. To Mr. John C. Fitzpatrick, Assistant Chief of the Manuscript Division of the Library of Congress, I am indebted for much help and instruction in the art of research. His exact and wide knowl- edge of historical material and his perfect willingness at all times to place it at the service of students have been most valuable. Mr. Worthington C. Ford has stimulated and encouraged the work in hand by his friendly advice and the assurance that it was worth while. And so this story has come about.Chapter II OF WASHINGTON’S LAST YEARS WasuinctTon, at the age of sixty-five, turned from public affairs at the close of his administration of the presidency, and set his face towards his beloved Mount Vernon, “more than twenty miles from which ”’, he whimsically wrote General Knox, “it is not likely that I shall ever be ”, foreseeing, ‘* the remainder of my life which in the course of nature cannot be long.” * Fifty years, nearly, of arduous private labor and public service, almost always in the open and subject to hardship, had taken their toll of him and he knew, as he approached three score and ten, that the time had come to take thought of what should be when he should be no more. Two purposes were uppermost in his mind when he arrived at home a few days after the fourth of March, 1797; one was to put his property and affairs in order, and the other to enjoy the days remaining to him, under his own vine and fig tree. He had been under financial strain from the time of the Revo- lution, when, as he wrote to a kinsman who applied to him for a loan, “‘ I made no money from my estate during the nine years I was absent from it and brought none home with me. Those who owed me— for the greater part — took advantage of the de- preciation (in currency) and paid me off with sixpence on the pound.” * (Two and one-half cents on the dollar!) He had somewhat restored the balance by five years of hard 1 March 2, 1797. Washington to Knox. Jared Sparks, “Writings of Washington,” XI, 196. Hereafter this collection of writings will be cited as “ Sparks.” Worthington C. Ford, “ Writings of Washington” (New York, 1892), 13, 374, 376. Hereafter this collection of writings will be cited as “ Ford.” 2To Fielding J. Lewis, February 2, 1784. Catalogue No. 657. Thomas Birch’s Sons, Philadelphia, 1890.Of Washington's Last Years 7 work, but then came the presidency, to enter which he had to borrow six hundred pounds and in which he spent much more than his salary to maintain his position and his estate.* Then he had sold fifty thousand dollars’ worth of his lands to meet the deficit.* His strength was waning too, and as he wrote his nephew, Lawrence Lewis, in the late summer of 1797, when he invited him to become his aid, “I require some person (fit and proper) to ease me of the trouble of entertaining company; particularly of nights.” ° His large family and widespread property interests urged and required his attention. They comprised not only three to four hundred persons, including his slaves, but sixty-three thousand acres of land. Of these, ninety-two hundred acres were in and about Mount Vernon, and seventy-five hundred more in tidewater Virginia and the Shenandoah Valley under lease to others; a thousand acres in Maryland; a share equal to four thousand acres in the Dismal Swamp project; nearly ten thousand acres in four tracts on the left bank of the Ohio River between Wheel- ing and Point Pleasant; more than twenty-three thousand acres on the Great Kanawha River, fronting forty-eight miles on one side or the other, between Charleston and its mouth; a thousand acres in the Mohawk Valley in New York; two hundred and thirty-four acres in Pennsylvania; three thousand acres in the Northwest Territory near Cincinnati, and five thousand acres on Rough Creek, a branch of the Green River in Kentucky, be- sides houses and lots in Alexandria, Bath and Winchester, Vir- ginia, and Washington, in the District of Columbia. His farming, milling, distilling, ferry, fishing and flour-export- ing operations at Mount Vernon involved the services of over three hundred colored “ servants”, owned and leased, several over- seers, a superintendent and two secretaries. These needed con- stant supervision, planning and financing by the General, who rode over the farms, “examining his outposts”, as he said, 3 Washington to Richard Conway, Ford, 11, 363. 4 Washington to Lawrence Lewis, Ford, 14, 209. 5 Ibid. Item 6, Catalogue 657, Thomas Birch’s Sons, Philadelphia, 1890.8 The Estate of George Washington, Deceased almost every day from eight o’clock until three, and devoted the rest of his day to study of their requirements and to his correspondence. To these burdens he now patriotically added the building of two three-story brick dwelling houses on two lots just north of the Capitol in Washington. He wished to encourage similar enterprise in others and to insure suitable lodging places for members of Congress when the Government should be removed there from Philadelphia in 1801. He arranged to borrow the entire sum of fifteen thousand dollars required for this purpose. He has left no doubt as to his own financial condition. Ever after the Revolution he was land poor. The large liquid capital which he had at his disposal before that event had disappeared in the service or the disasters of his country. To pay taxes, make repairs and improvements, meet depreciation, buy new machinery and try new methods, keep open house “like a well- resorted tavern ” and to live like a gentleman, eight miles from town, was a greater tax than his income could bear. Parallel with these domestic cares, within a short month after his return to them, political affairs became so alarming that we find him writing letters as anxiously and carefully as ever on the subject he had hoped to put behind him. In fact, at no time during the thirty-three months of life left to him was he free from political anxiety. During the last eighteen months he was again in active service, for five weeks in Philadelphia, and at all times at Mount Vernon, as lieutenant general of the army pre- pared against a possible French invasion in 1798 and 1799. He wrote a bit humorously of his worries and methodical habits to Secretary of War McHenry: ® I might tell him that I begin my diurnal course with the sun; that, if my hirelings are not in their places at that time I send them messages of sorrow for their indisposition; that, having put these wheels in motion, I examine the state of things further; that, the more they are probed, the deeper I find the wounds, which 6 May 29, 1797. Sparks, XI, 208.Of Washington’s Last Years 9 my buildings have sustained by an absence and neglect of eight years, that, by the time I have accomplished these matters, break- fast (a little after seven o’clock, about the time you are taking leave of Mrs. McHenry) is ready; that, this being over, I mount my horse and ride round my farms, which employs me until it is time to dress for dinner, at which I rarely miss seeing strange faces, come as they say out of respect for me. Pray, would not the word curiosity answer as well? How different this from having a few social friends at a cheerful board! The usual time of sitting at table, a walk, and tea, bring me within the dawn of candlelight; previous to which, if not pre- vented by company, I resolve that, as soon as the glimmering taper supplies the place of the great luminary, I will retire to my writing table and acknowledge the letters I have received; but when the lights are brought, I feel tired and disinclined to engage in this work, conceiving that the next night will do as well. The next night comes, and with it the same causes for postponement and so on. . I have not looked into a book since I came home; nor shall I be able to do it until I have discharged my workmen, probably not before the nights grow longer, when possibly I may be looking in Doomsday-Book. Just at the beginning of the serious phase of the French affairs, in May, 1798, his friend and neighbor, the Reverend Bryan Fair- fax, rector of Christ Church at Alexandria, and cousin of the late Lord Fairfax, went to England in pursuit of the title and some estates which he had there inherited. The occasion afforded Washington not only an opportunity to testify to his apprecia- tion of that gentleman’s character, by a series of letters of introduction to his friends in England, but he also entrusted to him for delivery a letter to Fairfax’s sister-in-law, then living at Bath, the widow of his boyhood and early manhood friend and neighbor, George William Fairfax, who had gone to England in 1774 and had died there thirteen years later. The picture this letter gives of Washington’s situation, his view of the country and his prophecy of its future are so eloquent that for these qualities alone it belongs here, but the story it revives and confirms in its second paragraph, of the affection10 The Estate of George Washington, Deceased which burned high in the writer’s breast forty to fifty years before, marks it as a memorable milestone in his path.’ Mount Vernon, 16 May, 1798. My dear Madam, Five and twenty years have nearly passed away, since I have considered myself as the permanent resident at this place, or have been in a situation to indulge myself in a familiar mtercourse with my friends by letter or otherwise. During this period, so many important events have occurred, and such changes in men and things have taken place, as the compass of a letter would give you but an inadequate idea of. None of which events, however, nor all of them together, have been able to eradicate from my mind the recollection of those happy moments, the happiest of my life, which I have enjoyed in your company. Worn out in a manner by the toils of my past labor, I am again seated under my Vine and Fig-tree, and wish I could add, that there were none to make us afraid; but those, whom we have been accustomed to call our good friends and allies, are endeavoring, if not to make us afraid, yet to despoil us of our property, and are provoking us to Acts of self-defence, which may lead to war. What will be the result of such measures, time, that faithful expositor of all things, must disclose. My wish is to spend the remainder of my days, which cannot be many, in Rural amusements, free from the cares from which public re- sponsibility is never exempt. Before the war, and even while it existed, although I was eight years from home at one stretch, (except the en passant visits made to it on my march to and from the siege of Yorktown) I made considerable additions to my dwelling-house, and alterations in my offices and gardens; but the dilapidation occasioned by time, and those neglects, which are coextensive with the absence of Proprietors, have occupied as much of my time the last twelve months in repairing them, as at any former period in the same space; — and it is matter of sore regret, when I cast my eyes towards Belvoir, which I often do, to reflect, the former Inhabi- tants of it, with whom I lived in such harmony and friendship 7 Ford, 13, 497. For the full story of Washington’s relations to this lady, see “Sallie Cary, A Long Hidden Romance of Washington’s Life”, by Wilson Miles Cary, privately printed, New York, 1916. Copies of this are to be found in the Library of Congress, the Newberry Library at Chicago and in a number of others. Also ‘“ Washington in Love and Otherwise ”, by Eugene E. Prussing, Chicago, 1925.Of Washington's Last Years oe no longer reside there; and that the ruins can only be viewed as the memento of former pleasures; and permit me to add, that I have wondered often, (your nearest relatives being in this Coun- try), that you should not prefer spending the evening of your life among them, rather than close the sublunary scenes in a foreign country, numerous as your acquaintances may be, and sincere, the friendships you may have formed. A century hence, if this country keeps united (and it is surely its policy and interest to do it), will produce a city — though not as large as London — yet of a magnitude inferior to few others in Europe, on the banks of the Potomack, where one is now establishing for the permanent seat of Government of the United States, (between Alexandria & Georgetown, on the Mary- land side of the River;) a situation not excelled, for commanding prospect, good water, salubrious air, and safe harbour, by any in the world; & where elegant buildings are erecting & in forward- ness for the reception of Congress in the year 1800. Alexandria, within the last seven years (since the establishment of the General Government), has increased in buildings, in popu- lation, in the improvement of its streets by well-executed pave- ments, and in the extention of its wharves, in a manner of which you can have very little idea. This show of prosperity, you will readily conceive, is owing to its commerce. The extension of that trade is occasioned, in a great degree, by opening of the inland navigation of the Potomac River, now cleared to Fort Cumberland, upwards of two hundred miles, and by a similar attempt to accomplish the like up the Shenandoah, one hundred and eighty miles more. In a word, if this country can steer clear of European politics, stand firm on its bottom, and be wise and temperate in its government, it bids fair to be one of the greatest and happiest nations in the world. Knowing that Mrs. Washington is about to give an account of the changes, which have happened in the neighborhood and in our own family, I shall not trouble you with a repetition of them. I am, Mrs. Fairfax. Go. WASHINGTON. The opening of the year seventeen hundred and ninety-nine brought Washington much domestic happiness. The engagement of his nephew and secretary, Lawrence Lewis, to his beloved ward, Nellie Parke Custis, Mrs. Washington’s granddaughter, had come about under his roof and on February twenty-second of that year12 The Estate of George Washington, Deceased their marriage was a festivity at which, it is said, he wore for the first and only time his new uniform as lieutenant general of the United States. The story is that “he had said he would wear his old Colonial uniform or his Sunday clothes, but Nellie put her arms about his neck and pleaded for the new one and the General capitulated.” * The thought of provision for these dear ones and all the others dependent on his bounty must naturally have pressed upon his mind as he passed the sixty-seventh milestone in his earthly pilgrimage. We find him, as ever, putting into written form the carefully considered results of his mental labors. It was between this date and July 9, 1799, that he thought out and wrote his last will and testament, a truly monumental document, noble in purpose, pro- portions and expression. The result of much experience, but composed and written without the aid of counsel learned in the law, it is to be read with wonder and admiration as an example of thoroughness and a revelation of the character of its author. Its only technical defect, the absence of witnesses, affected its legal force in States other than Virginia and Pennsylvania, but the spirit it enjoined upon its beneficiaries completely obviated this result by their prompt agreement to carry out its intentions. How his thoughts ran at this time we find eloquently testified in a letter to his nephew, Robert Lewis, dated Mount Vernon, August 17, 1799, wherein he remarks upon the great natural increase in his slave holdings, far beyond his needs or ability to clothe, feed and shelter. To sell the overplus I cannot, because I am principled against this kind of traffic in the human species. To hire them out is 8 This is on the authority of George W. P. Custis, “ Recollections”, p. 450. Woodrow Wilson tells it better, perhaps, but with the difference that Nellie begged the General “to wear ‘the grand embroidered uniform’ just made for the French War, at her wedding; but he shook his head and donned instead the worn buff and blue that had seen real campaigns. Then the delighted girl told him with her arm about his neck, that she loved him better in that.” (“George Washington ”, by Woodrow Wilson, New York, 1896, p. 312.) I hope the story is true, but in which form I cannot tell, especially since I found a letter of later date from a tailor in Philadelphia to the General, apologizing for the delay in finishing and sending his new uniform. (Wash- ington Mss., Library of Congress, 1799.)Of Washington's Last Years 13 almost as bad, because they could not be disposed of in families to any advantage, and to disperse the families I have an aversion. What then must be done? Something must or I shall be ruined; for all the money (in addition to what I raise by crops and rents) that have been received for lands sold within the last four years to the amount of fifty thousand dollars, has scarcely been able to keep me afloat.” He proposed to Lawrence Lewis to lease to him the two thou- sand acres now known as Woodlawn, comprising the north- westerly part of the Mount Vernon Estate, together with the mill and distillery at Dogue Run, near by, and fixed a moderate rental ° At the same time he invited him to to encourage his industry.’ build a home or “seat” there and told him that he intended to leave the entire property to him and his wife in his will. This offer was accepted by Lawrence and a lease made accordingly. Washington’s letter to his nephew, Colonel William A. Washing- ton, of Wakefield, confirms this and adds other circumstances of interest.” He had long planned and still hoped to lease his other farms, comprising nearly four thousand acres, surrounding Mount Vernon, so that he might soon be able to dispense with the services of his superintendent and retain only the home place of twenty-five hundred acres, the cultivation of which he thought he would be able to superintend in person. He had sold his share of the Dismal Swamp Company to his friend, General Henry Lee, for twenty thousand dollars, on easy terms, and the farm in Gloucester County had also recently been sold, leaving thirty-six hundred dollars due him. He invested some fifteen thousand dollars in the construction of the two three-story brick houses on North Capitol Street, east front, just north of B Street, N. W., in the City of Washington, which were built that year. He sought to rent them for six per 9 Ford, 14, 195. 10 [bid., 14, 209. 11 Washington Mss., Library of Congress, October 20, 1799. The Wash- ington Mss. in the Library of Congress are mounted and bound in chronologi- cal order in over two hundred volumes and a reference to any one of the papers by date suffices to locate it. Hereafter these will be so referred to with the addition “L. C.”14 The Estate of George Washington, Deceased cent. on their cost to a Philadelphia caterer to Congressmen, for occupancy the following year, when the seat of government was to be transferred from Philadelphia. He had a topographical survey made of the block Number 21 in the City of Washington (which he had purchased some years before) for the purpose of obtaining the various levels of this hillside tract, to the end of possible improvement for his own use in case he should be able to and wish to build there. He had planned and for years, in Congress and out, had advocated the location of a national university on the high land just east of this block, extending from Pennsylvania Avenue to the Potomac River, and subsequently used in part for the National Observa- tory, and in our day for the Naval Hospital. He exchanged his land called the Round Bottom on the Ohio, near Wheeling, for a house and lot in Alexandria, by contract which was complied with on his part but remained not fully executed by Archibald McClean, the other party. He sought to make ground leases of his lots in Alexandria and made several. He had purchased some shares of stock in the Bank of Alexandria and the Bank of Columbia in Georgetown and appreciated highly their value as investments as was shown by his will, directing further investments in such stocks by his executors. The foundation of his precautions and efforts in these direc- tions was clearly set forth in this paragraph in his letter to Lawrence Lewis dated September 20, 1799: The expense at which I live and the unproductiveness of my Estate, together, will admit of no diminution of income, while I remain in my present situation — on the contrary, were it not for occasional supplies of money, in payments for Lands sold within the last four or five years to the amount of upwards of fifty thousand dollars, I should not be able to support the former without involving myself in debt and difficulties.’? To put the situation briefly, the times were bad. Prices were low because of the wars in Europe; money was “ tight ”; Wash- ington was land poor, slave ridden, and living on his principal. 12 Ford, 14, 209.Of Washington's Last Years 15 His estate needed all his attention, while the calls on his time for public service were incessant. He never firmly believed in the danger of a French invasion, but he saw that the hope of peace under his own vine and fig tree was a dream ; that as ever before labor and responsibility were his share, and that: The boast of heraldry, the pomp of power, And all that beauty, all that wealth e’er gave, Await alike th’ inevitable hour. The paths of glory lead but to the grave. Facing this situation, he kept bravely on the even tenor of his way. In April, in extreme cold and a high wind, he spent three days surveying his land at Four Mile Run near Arlington.** In June, in the heat, he personally surveyed three fields in his Dogue Run farm, because after examining the lines run by his secre- tary, Mr. Rawlins, he could not make them “ close’; and as late as the end of November he made a survey of his lands on Difficult Run, near Potomac Falls, taking notes himself and then transcribing them into as careful descriptions as he did fifty and more years before, for Lord Fairfax and his settlers. He then prepared and finished that thirty-page, careful, well-digested plan for the cultivation of all the farms constituting the Mount Vernon Estate of eight thousand acres, for the next five years, and wrote Mr. Anderson, his superintendent, a letter of explana- tion relating to it, on December 10, 1799."* It relieved his mind greatly because “ My greatest anxiety ”, he wrote on a previous occasion, “ is to have all these concerns in such clear and distinct form, that no reproach may attach itself to me when I have taken my departure for the land of spirits.” On the night of the eleventh of December he had a dinner party, his guests including Mr. John Herbert, Mrs. Warner Washing- 13 The notes of this survey were written by Washington on the back of a letter of introduction from Patrick Henry. Then he made a full transcript. Both documents are now in possession of the owners of a large part of the property, the Trustees of the Protestant Episcopal Theological Seminary at Alexandria, Virginia. 14 Ford, 14, 217, 240.16 The Estate of George Washington, Deceased ton, her son Whiting, and Lord Bryan Fairfax, rector of Christ Church at Alexandria.” He wrote his last official letter on December 12, 1799, to Major General Alexander Hamilton, approving his plans for the estab- lishment of a military college at West Point, New York, the result of a long-cherished hope of both of them. He ended the letter with an assurance of “‘ very great esteeem and regard.” ** That evening he concluded his entry in his diary by noting, “ at night a large circle round the moon” which, Washington Irving re- marks, “‘ proved a fatal portent.” His last touch of the pen occurred the next evening when, as usual, he made this brief note in his diary: Dec. 18. Morning snowing and about three inches deep . . . wind at north-east and mercury at 30. . . . Continuing snowing till one o’clock . . . and about four it became perfectly clear... wind in the same place but not hard . . . mercury 28 at night.*® When he retired that night, his work was done forever. 15 John C. Fitzpatrick, “ The Diaries of George Washington”, 4, 319. Here- after referred to as “ The Diaries.” 16 Word, 14, 241. 17 “The Diaries ”, 4, 320. 18 [bid.Chapter III OF THE DEATH, FUNERAL AND FAMILY Wasuincton died between ten and eleven o’clock the next evening, December 14, 1799, of an attack of quinsy brought on by exposure in the snowstorm of two days before. He had got wet and snow had lodged in his hair, but without giving this attention he had gone in to dinner, which had been kept waiting. The next day he appeared to have a cold and was kept indoors by a heavy fall of snow. He was hoarse, but made light of it. During the evening he was very cheerful and despite increasing difficulty, read aloud to his family paragraphs of interest from the newspapers. It was suggested to him when he retired that he ought to take something for his cold, but he replied, “ No, you know I never take anything for a cold. Let it go as it came.” The rest of the story is familiar; how he awoke toward morn- ing in distress but refused to have his wife and servants disturbed to relieve him, how at daytime he was bled at his request and doctors were sent for; when these came, their knowledge led them only to further bleeding and soon their illustrious patient realized that his end was near. He quietly directed Mrs. Washington to destroy an old will * and gave her his latest. He gave directions as to his papers and his burial, thanked those about him, and then resigned himself to the inevitable. “I die hard,” he said, “ but I am not afraid to go.” A few minutes before the end he felt his own pulse, his 1 This probably was the will referred to in the later one of the only two letters of his which she failed to destroy. She gave these to her two grand- children, Nellie Custis Lewis and George Washington Parke Custis, after the General’s death. The former was his first letter to her, as Mrs. Custis; the latter was that announcing his appointment as commander in chief and his going to Boston instead of returning to Mount Vernon, which he did not see again for over six years.18 The Estate of George Washington, Deceased countenance changed, his hand fell and without a struggle or a sigh, he was gone.” In accordance with Washington’s request his funeral was de- ferred three days. It took place on Wednesday, December eighteenth, about three o’clock. No attempt was made by the family to notify official persons and even some members of the immediate family, such as George W. P. Custis and Lawrence Lewis, who were absent in Kent, failed to reach Mount Vernon in time for the ceremonies. Nevertheless the masonic and military organizations at Alex- andria appeared and formed a procession to accompany the family and the remains from the house to the old tomb under the hill where Washington was laid to rest. Minute guns were fired by eleven pieces of artillery brought down the Potomac in a schooner which lay off Mount Vernon. Six colonels, neighbors and old friends, were the pall-bearers. The regular service of the Episcopal Church was read by the Reverend Mr. Davis and he made a brief address. The Masons performed their ceremonies and the body was deposited in the vault. All this and much more Colonel Tobias Lear, Washington’s military secretary and friend, has recorded in his well-known statement as an eyewitness of the last days of Washington.* The proceedings in Congress at Philadelphia, when the news reached there on the eighteenth and was confirmed the next day, consisted of the addresses to each house and a joint resolution ** that a marble monument be erected by the United States at the Capitol of the City of Washington and that the family of General Washington be requested to permit his body to be deposited under it.” Neither purpose was carried out, though Mrs. Wash- ington consented to the transfer of his remains. General Henry Lee, addressing the House, expressed in the 21If the lancet which was so liberally applied to draw off his life blood and strength had been briefly used to puncture the growing abscess in his throat, he might have been spared for years, but, alas, surgery was in its in- fancy. See “ Washington’s Death.” Transactions of the College of Physicians and Surgeons, of Philadelphia, Vol. 25, 1903. Also “ Washington’s Death and Doctors”, by Dr. I. Solis Cohen, Lippincott’s Magazine, 1889. 3 Ford, 14, 245-268.Of the Death, Funeral and Family 19 first passion of his grief the feeling of the nation that it had lost the man who was “ first in war, first in peace and first in the hearts of his fellow citizens ”, and so long as that thought remains other memorials are unimportant. During President Monroe’s administration, a crypt was built under the dome of the Capitol for the remains of both General and Mrs. Washington and in 1882 a final effort was made to carry out the provisions of the original resolve of Congress. The effort failed because the State of Virginia protested and the surviving executors of Washington’s will pointed to his directions in it that he be entombed at Mount Vernon.* Washington’s immediate family at his death was only his wife, Martha Dandridge Custis Washington, nearly sixty-eight years of age.° Living under their roof at the time were Washington’s nephew, Lawrence Lewis, and Eleanor (Nellie) Parke Custis Lewis, his wife (Mrs. Washington’s granddaughter), and their baby, two weeks old, and George Washington Parke Custis, Nellie’s brother, not yet twenty. Mrs. Washington, in her first marriage, as the wife of Colonel Daniel Parke Custis, had borne four children in eight years, two of whom died before their father, and the others during her mar- riage to Washington, Martha (Patsy) at seventeen, in 1772, and Colonel John Parke Custis, “Jack,” as he was always called, just after the surrender of Cornwallis, at Yorktown, in 1781. ** Jack” had left four children, three daughters and one son. These were the fruit of his union with Eleanor Calvert, of the famous Maryland family of that name. She was married again 4The crypt in the Capitol remains. In it rests a catafalque of wood coy- ered with black cloth. It was made for Mr. Lincoln’s funeral and has been used a number of times since for other illustrious dead when lying in state at the Capitol. The Unknown Soldier and President Harding were the latest to receive the nation’s homage there. On such occasions the catafalque is taken out (being kept behind iron gates in the space which is enclosed partly with brick walls), it is then covered with a fine cloth kept in the office of the Superintendent of the Capitol and placed in the great Dome Room above. 5 Providence denied him children that a Nation might call him Father,” Lord Brougham poetically said, but there is a well-authenticated tradition which indicates that the progress of modern surgery one hundred and thirty years later could have solved the situation.20 The Estate of George Washington, Deceased in 1784 to Doctor David Stuart, Washington’s friend, and lived at Abingdon, the finely located home Custis had built at the turn of the Potomac, just below where the Long Bridge reaches out to bind Dixie to the Northland in the District of Columbia. The three Custis daughters were now all happily married. Elizabeth Parke Custis Law was the wife of Thomas Law, a very wealthy Englishman, cousin of Lord Ellenboro, residing in Wash- ington. Martha Parke Custis Peter was the wife of Thomas Peter, of Georgetown in the District of Columbia, likewise very well-to-do. Eleanor (Nellie) Parke Custis Lewis was the wife of Lawrence Lewis, of Mount Vernon, son of Betty Washington Lewis and Colonel Fielding Lewis, of Fredericksburg. Besides these there was the youngest, the bearer of the hope and name of both families, George Washington Parke Custis, not yet twenty years old, who had been for seventeen years, with his sister Nellie, the object of most solicitous care and affection, as the adopted children of Mrs. and General Washington, from the date of their father’s death. Mrs. Washington also had a number of nephews and nieces on the Dandridge side, for some of whom she later provided in her will, but they were evidently not considered by her or the General in the distribution of the bulk of their estates. Her Custis grand- daughters all had considerable property inherited from their father, and the grandson, young Washington, as he was called, was the heir of his father’s vast landed properties and many slaves, making him a very rich young man. On the Washington side the kinship was this: His mother had died ten years before; none of the General’s brothers or his only sister had survived him; he was the last of his father’s children. The then living generation of the Washington family is shown by this table: 1. Augustine, half brother, had left His daughters: Elizabeth Spotswood, wife of General Alexander Spots- wood, Jane Thornton, wife of Col. John Thornton,Of the Death, Funeral and Family 21 Ann Ashton, wife of Burdet Ashton; And his son: William Augustine Washington, of Wakefield. 2. Elizabeth (Betty) Washington Lewis, wife of Col. Fielding Lewis, had left Her sons: Fielding Lewis, George F. Lewis, Robert Lewis, Lawrence Lewis, Howell Lewis; And her daughter: Betty Lewis Carter, wife of Charles Carter. 3. Samuel Washington had left His sons: George Steptoe Washington, Lawrence Augustine Washington ; And his daughter: Harriet Parks, wife of Andrew Parks; And also the children of his eldest son Thornton, viz.: John P. A. Washington, Thomas Washington, Samuel Washington. 4. John Augustine Washington had left His sons: Bushrod Washington, Corbin Washington; And the children of his daughter, Jane Washington, wife of William A. Washington, of Wakefield. 5. Charles Washington had left His son: Samuel Washington ; And his daughters: Frances Ball, wife of Burgess Ball, Mildred Hammond, wife of Thos. Hammond; And the children of his son, George A. Washington, viz.: George Fayette Washington, Charles Augustine Washington, Maria Washington.22 The Estate of George Washington, Deceased Thus the Washington family was composed of twenty-one persons or groups of persons, being nephews, nieces, or the chil- dren of such, deceased; and the Custis kindred of Mrs. Wash- ington consisted of her four grandchildren, George Washington Parke Custis, Nellie Lewis, Mrs. Law and Mrs. Peter, whom Washington accorded equal consideration with his own kin, in making distribution of that part of the estate acquired through both families in his time. The original Mount Vernon estate remained with his own folk. In addition to his and his wife’s kindred, Washington was keenly concerned about the two hundred and seventy slaves on the estate at Mount Vernon,° whom he regarded as members of his household, and whose future welfare called upon his interest, humanity and conscience for provision. One hundred and twenty- four of these were owned by him absolutely and the remaining one hundred and forty-six were the property of the Custis estate. Washington and his wife were entitled to the use of them, by virtue of his wife’s right of dower, during her life. He had made but recently a careful list of all of them, showing their names, the various farms on which they lived and were employed, their ages and occupations, their relationship to each other, and how he came into possession of each. This covered eight folio pages. It is all in his fine, round handwriting and bears his signature.’ In addition to these charges upon his care, were the friends, the retainers and pensioners, and certain public uses, to all of which he was devotedly attached.® For each and all of these he provided in complete and ample measure under a definite plan. His wife received the use of his entire estate for life, the contents of Mount Vernon and the title to a large well-leased lot in Alexandria, absolutely. His slaves, 6 There were also about sixty more there, but they were leased by the year from a neighbor, and not owned by Washington. 7 Mrs. Phebe A. Hearst bought and presented this document to the asso- ciation in charge of Mount Vernon. 8 A schedule of all the persons and institutions benefited by his will in any way follows the description of that document which constitutes the next chapter.Of the Death, Funeral and Family 23 upon her death, received their freedom and ample provision for old and young. Having regard first to their direct claims upon him, he especially provided for some of his kin and his wife’s. In recognition of the services to him performed by his deceased brother, John Augustine Washington, in the French and Indian War — 1754 to 1758 —he requited these by giving the Mount Vernon mansion and its four thousand best acres to Bushrod Washington, son of John Augustine; and in the case of his de- ceased nephew, George A. Washington, his devotion to him dur- ing the Revolution and the presidency was especially recognized by giving to his two sons a large farm adjoining the home place. He likewise favored George Washington Parke Custis, Nellie Custis Lewis and Lawrence Lewis, with large, near-by tracts, for similar reasons. The remainder of the kinsmen and kinswomen he scheduled according to their number or those whom they repre- sented, in regular order, beginning with the children of his eldest half-brother Augustine, then the surviving children of Betty, John A., Samuel and Charles. Next he placed the children of Colonel George A. Washington, the deceased son of Charles, as a separate group; next the three granddaughters of Mrs. Wash- ington; and finally, Bushrod Washington, Lawrence Lewis and George Washington Parke Custis, three of his executors, each of whom he had provided for separately and omitted from the above grouping, were added as a separate group. To each of these groups, twenty-three in number, he left one twenty-third of the entire rest, residue and remainder of his estate, upon the death of Mrs. Washington, and in case any of them died meanwhile, provided that their descendants should take the parent’s share. This absolutely equitable division he declared was made “ ac- tuated by the principle” of discharging first his obligation to those who had served him and then granting his favor and his wife’s to his and her nearest kindred equally.Chapter IV OF THE WILL Tue original last will and testament of Washington is pre- served and exhibited in a stout oaken framed box, of steel con- struction, glass fronted, which hangs on the wall of the fire-proof book vault of the little red-brick building which contains the clerk’s office and commissioner’s rooms at Fairfax Court House in the County of Fairfax, Virginia, about fourteen miles by trolley southwest from the City of Washington. The will is mounted on silk, each sheet separately, and wholly kept from public handling. In fact, it is usually kept from the public gaze as well, for a green roller curtain hangs over the glass front to preserve the document from the fierce rays of the Vir- ginia sun which pour into the room at the opposite window. The striking things about the document are, first, its handsome appearance; second, its construction without the aid of counsel; third, its completeness in plan and detail (despite accidental omissions noted later), and fourth, its splendid character in thought, expression and duty superbly performed to the remotest point. It is written on Washington’s fine, especially made and water-marked letter paper and has been herein reproduced in part in facsimile. The next chapter prints the will in full, page by page. There are also other characteristics. It gives, as already noted, his place of residence as his beloved seat Mount Vernon, but it fails to mention either the county or State in which it is situated, although that is customary as the basis of citizenship. These were the times when the Federalist and Republican parties, so called, were most bitterly engaged in fighting out the issue which the former believed involved the fate of the nation. It was the day of the Virginia and Kentucky resolutions, fatheredOf the Will 25 by Jefferson and Madison, respectively, asserting the right of secession in slightly veiled terms; and also the day of the Alien and Sedition Laws, all of which were about to be strictly enforced against the critics of the Government by President Adams, and which had the full approval of Washington’s abused and em- bittered soul. He solemnly, therefore, in the very first clause, declared him- self only “a citizen of the United States and lately President thereof ”, bequeathing to posterity with his estate his opinion and faith as the greatest American. The document thus “ written by my own hand and every page thereof subscribed with my name”, a letter to the court, the representative of the law and order, shows that he knew fully that such an autograph, duly signed and sealed, required no witnesses to be valid in Virginia. Washington’s knowledge of forms of legal instruments was, of course, extensive and intimate. In the first place he came of a race of landowners and will makers.* His three ancestors in line for one hundred and thirty years, and his several brothers, all of whom died before him, left careful wills and he had passed upon all of them in one way or another. He had in his possession the original wills or certified copies of half a dozen of them back to the beginning, and under most of them he held lands, so that they were his muniments of title. As we shall see in the chapter on Mount Vernon, he had given those of his father and his brother Lawrence and his grandfather Washington careful and anxious study as to their provisions entailing that estate. Fifty years before, he had begun life as a surveyor’s assistant and necessarily had become a conveyancer as he developed into a county surveyor, landowner, landlord, land dealer, legislator, guardian, administrator, executor and trustee of the Custis estate and others. Furthermore, he had administered wills for years and later had refused to execute others in which he was named executor, because 1W. C. Ford, “ Wills of George Washington and His Ancestors”, Brook- lyn, 1891.26 The Estate of George Washington, Deceased of his age or preoccupations.” He had had painful experiences in the case of Colonel Colville’s will as one of his executors and trustee,® and a similar course of training in others.* His literary capacity had gradually developed until he had acquired a really noble, if somewhat stiff, style. No one could excel him in clearness and directness of manner or diction, when he set himself to carefully giving instructions for the conduct of others, especially if he felt the responsibility for results rested on him or his fame. So it may be truly said the man himself marches through this instrument with all the poise and port of his six feet and two inches, inspired and directed by his powerful will and richly endowed mind, a splendid character. In the first place he directs the prompt payment of his debts, which are few and small, he says. It appears that twenty-five thousand dollars, the great bulk to two parties, covered the liabili- ties of his great establishment and its manifold affairs, wide- spread as they were.’ He also directs that the legacies as soon as may be possible be paid in the manner directed. His prime duty and most affectionate care is then dealt with. The provision for his beloved wife, Martha, begins here and in fifteen lines he gives her three things: first, the use of practically his entire estate, for life, except a house and lot in Alexandria, which he gives her in fee. He also gave her the contents of the mansion house down to the groceries and liquors, but “ except 2 Washington to George Pearson, September 15, 1797, L. C. 3On the subject of accepting a position of trust under his will Washing- ton wrote to John West (January 13, 1775): ‘“ What with my own business, my present ward’s, my mother’s, which is wholly in my hands, Colonel Col- ville’s, Mrs. Savage’s, Colonel Fairfax’s, Colonel Mercer’s and the little assistance I have undertaken to give in the management of my brother Augustine’s concerns (for I have absolutely refused to qualify as an execu- tor), together with the share I take in public affairs, I have been kept con- stantly engaged in writing letters, settling accounts and negotiating one piece of business or another, by which means I have really been deprived of every kind of enjoyment.” Sparks, II, 402. “You will act very prudently in having your will revised by some person skilled in the law, as a testator’s intentions are often defeated by different interpretations of statutes, which require the whole business of a man’s life to be perfectly conversant with them.” Ford, 2, 455. 4 Washington to Rey. N. Burrows, August 20, 1797, L. C. 5 Chapter VIII.Rot. ae GEORGE emANinneans "i Bul = % PO wage i we arabe, oe a SCHEDULE, OF HIS PROPERTS; DIRECTED TO BE SOLD, ALEXANDRIA: PAINTED FROM THE BEGORD OF THE CcUXTY GoveT OF FAIRFAM ML EOOe ee Saat x eiatiad cheesy TITLE PAGE OF THE FIRST EDITION PRINTED OF WASHINGTON S WILLOf the Will 27 such parts thereof as are specifically disposed of hereafter ”, such as his papers, swords and other effects purely personal. These provisions gave her three times as much as her dower right in his lands and slaves, and instead of merely a widow’s share in his personal estate, she received all household effects; while as to cattle, horses, implements, carriages, stocks, bonds and other debts due him, she received the use of all of them so long as she lived. Aside from her full approval of his wishes which he felt sure of, he saw to it that everything, and not merely a part of the estate, should be devoted to her comfort and pro- tection when he had gone. The next seventeen pages of the will are devoted to the items specifically disposed of “ with explanations for the more correct understanding of the meaning and design of them”, as he says on page nineteen. He begins: “Upon the death of my wife . . . all the slaves which I hold in my own right shall receive their freedom,” ° showing what was in his mind as most important next to the welfare of his helpmeet. He explains why the ever-present wish to free them sooner seemed impossible and then provides a trust fund for the welfare of the old and feeble by creating a trust for their benefit, and directs the education of the young.’ Sale or exportation of any from the State he sternly forbade. These clauses he enjoined should “be religiously fulfilled at the epoch at which it is directed to take place without evasion, neglect or delay after the crops which may then be on the ground are harvested.” He provided especially for William Lee, his body servant, giving him immediate freedom, a job and an annuity besides his keep and clothing. This was “ Billy ” of Revolution- ary days, immortalized in poem, story and portraiture. Washington had founded and supported in part the first free school in Virginia. He now gave it four thousand dollars in shares of the Bank of Alexandria, to be applied to the annex for orphan or indigent children worthy of the help. This was in lieu 6 Many of the Negroes did not wait for Mrs. Washington’s death but freed themselves soon after the General’s death. 7 The “black laws” of Virginia prevented the education benignly intended.28 The Estate of George Washington, Deceased of a written promise of a thousand pounds made some years be- fore, a sum somewhat less in Virginia currency, and on which he had annually paid fifty pounds interest to the school. He next recited the gifts of one hundred shares of one hundred dollars each in the James River Company, and fifty shares of one hundred pounds sterling in the Potomac Company, made to him by the Commonwealth of Virginia in 1785 for his services, which he declined to receive, on principle, for himself, “ although highly honorable and grateful to my feelings.”” But he says that to his refusal he had added an intimation, if the Legislature pleased, he would be glad to give the shares to public uses, which was ** consented to in flattering terms.” He now proceeds to unfold the purpose so long and so dear to his heart,° that of establishing a national university in the central part of the United States for the youth of fortune and talents, who have heretofore been sent abroad and imbibed, often before their minds were formed, “ principles unfriendly to Republican government and to the true and genuine liberties of mankind ”, and also “ habits of dissipation and extravagance.” For this purpose he gives the fifty shares in the Potomac Com- pany “toward the endowment of a University to be established within the District of Columbia ” and “ under the auspices of the General Government, if that Government should incline to extend a fostering hand towards it ”, until which time he carefully directs the accumulation and investment of the dividends, to provide the fund, if need be without legislative aid, in a short time. The painful story of the legislative neglect and the failure of this noble purpose will engage us in later pages. It was the only purpose of the will which failed of execution. It did not depend on the executors named but on Congress.® Next he confirms the gift of the one hundred shares of James River Company stock mentioned above, theretofore made by him 8 He first proposed it to the Commissioners of the District of Columbia (Sparks, XI, 14), January 28, 1795, and repeatedly advised it in his mes- sages to Congress. He corresponded with John Adams, Edmond Randolph, Alexander Hamilton and Thomas Jefferson about it from 1794 until his death. See the letters in Volumes XI and XII, Sparks, and Vol. 13, pp. 37, 49 and 342, Ford.Of the Will 29 to the use and benefit of Liberty Hall Academy, Rockbridge County, Virginia. This gift is enjoyed to-day under the name of Washington and Lee University, as successor to Washington Academy, the name having been first changed in honor of this gift. Debts due him from his kinsmen or his wife’s were released, especially that from George Steptoe and Lawrence Augustine Washington, who were related to them both and whom he had educated, at an expense of nearly five thousand dollars. The thirty-three negroes taken by him as part payment for one such debt, but loaned to the debtor’s widow, Mrs. Dandridge, without charge, shall so continue without charge until her death, and then all of them over forty shall be freed, those between sixteen and forty shall serve seven years and no longer, and all under sixteen shall serve until they are twenty-five and then be free. Care is taken to clear the title of a connection by marriage to certain lots sold him; and to his speculative nephew, Colonel William Augustine Washington, of Wakefield, he gives a lot in Manchester, opposite Richmond, drawn in a lottery, and some other lots there, if he cares to pursue them. The first great gift of property is to his favorite nephew, Bushrod Washington, son of his “ Dear Brother Jack”, and Justice of the Supreme Court of the United States, who is made legatee of all his papers, civil, military and private and —“ at the decease of my wife, and before if she is not inclined to retain them I give and bequeath [to him] my library of Books and pamphlets of every kind.” This precious gift of his immortal writings containing the material evidences of his character and fame, together with his self-revealing “ friends in print ” was the most valuable gift he made, except the liberty and care he vouchsafed to his slaves. Turning now to business affairs, he recites the more important sales of lands he had made in recent years, the purchase prices for which are not yet fully paid, and for which lands he still retains the title as security; and also the lease with conditional30 The Estate of George Washington, Deceased sale of his great tracts on the Western Waters. The sums due and to be collected he directs shall be invested in good bank stock and the dividends paid to Mrs. Washington for life, the stock remaining subject to distribution with the bulk of the estate. He returns to his Scotch admirer, the Earl of Buchan, the brother of Erskine, the gift made to him years before of a re- markable oak box, fashioned out of wood from the tree that sheltered Sir William Wallace. The original gift was accom- panied with the wish that the General pass it on in the event of his death to the man in America who should appear to merit it best, upon like condition. Washington avoids the difficult choice by gracefully returning the gift to the giver, where it was origi- nally intended to remain, with thanks for the compliment which accompanied the sending of it to Washington. Then follows a series of mementoes to his brother Charles, cousins, kinswomen and dear friends, ranging from canes, spy- * not glasses and pistols to Bible, furniture and mourning rings, ‘ made for the intrinsic value of them but as mementoes of my esteem and regard.” To his military secretary and intimate friend, Colonel Tobias Lear, he gave for life the farm adjoining Mount Vernon which he held under lease at Washington’s death. Distant kinswomen like Sarah Ball Haynie, and the daughters of old servants, now dead, received substantial gifts of money, with acknowledgment of his sense of obligation to their fathers. Finally his five swords are bequeathed to his five nephews — William Augustine Washington, George Lewis, George Steptoe Washington, Bushrod Washington and Samuel Washington, named in order of their father’s seniority; ‘‘ And they are to choose in the order they are named” under the now famous admonition: “These swords are accompanied with an injunction not to unsheath them for the purpose of shedding blood except it be for self-defence, or in defence of their country and its rights, and in the latter case to keep them unsheathed, and prefer falling with them in their hands, to the relinquishment thereof.”Of the Will 31 His entire philosophy of life was compacted into that para- graph: Peace; war only in defense of life, liberty and right; and faithfulness to the death, rather than surrender. “ And now,” the will continues, “ having gone through these specific devises, with explanations for the more correct under- standing of the meaning and design of them, I proceed to the distribution of the more important parts of my Estate, in manner following.” Half of page nineteen and all of pages twenty to twenty-six, inclusive, are devoted to the scheme and method of distribution with an added paragraph of advice concerning the method and time of sale of his western lands and Potomac Company stock. The scheme is elaborate and carefully worked out with regard to the two major parts of the estate, first the Mount Vernon Farms and incidental properties near them, about 9,200 acres; second, all others, including the tidewater and Shenandoah Valley and Dismal Swamp lands, in Virginia, the great tracts on the western waters of Virginia and in the Northwest Territory and the various smaller holdings in Pennsylvania, Kentucky, Maryland and New York, amounting, all told, to fifty-four thousand acres. The first principle of the scheme is to pay the moral obligations to his own nearest kin and those of his wife, whom he regarded as his own. ‘These were to share in the division of Mount Vernon and its appendages. Then the remainder of the entire estate was to be equitably divided among all of them in twenty-three parts, of which each was to take one part or a share in a part, accord- ing to the doctrine of representation where a parent participant was deceased. For the better doing of this, a schedule was attached to the will showing what the lands outside Mount Vernon “so far as recollected ” were, “ with a reasonable estimate of their value ”, all in his own handwriting, and these were all directed to be sold by the executors in the best manner, on credit if need be, “if an equal, valid and satisfactory distribution of the specific property cannot be made without.” In case of sale, the monies arising were to be similarly divided.32 The Estate of George Washington, Deceased Washington’s faith in the rise in value of the lands he had so carefully selected and anxiously held, and in the great work of the Potomac Canal, is manifested in this plan. First he seeks to have his holdings in land divided among his kindred, so that they may continue to hold them as long as may be; then, by way of advice, he recommends that if the executors are to sell, “ they be not precipitate . . . if from temporary causes the sale thereof be dull.” That will pass away, for it always has done so, he assures them, ‘‘ and I particularly recommend to the Lega- tees . . . to take each a share of my stock in the Potomac Company in preference to what it might sell for; being thoroughly convinced myself, that no uses to which the money can be applied will be so productive.” The distribution scheme which Washington thus divided into two main parts began with Mount Vernon and his duty to his kindred. Despite the fact that the original twenty-five hundred acres of this estate had been in the Washington family for more than a century and had been since sixty-five years the seat of the head of the clan, tradition persists in the story that it had been the object of envious desires on the part of the Custis children, especially of Nellie, and the hope of herself and her husband, Lawrence Lewis, son of Betty Washington Lewis, the only sister of the General. That it was a desired object and not out of speculation on their part is proved by Washington’s letter to Lawrence Lewis written in September, 1799, two months after he had made his will, wherein he offers him a lease of Woodlawn, just back of the home place at Mount Vernon, and of the mill and distillery on Dogue Run between the two, for he refers to Nellie’s frequently expressed wish to remain a resident of the neighborhood.° There was, however, an older claim on Washington’s considera- tion. When he was a young bachelor and went a-soldiering in 1753 to 1759, he had committed the care and culture of Mount Vernon to his “ dear brother Jack ” and the trust had been faith- fully fulfilled. He had voluntarily said at that time, he now 9 Ford, 14, 209.Of the Will 33 recalls, “that if I should fall therein Mt. Vernon (then less extensive in domain than at present) should become his prop- erty ”, and therefore he devises first, ‘“‘to my nephew Bushrod Washington and his heirs ”’, the son of his said brother, all that part of Mount Vernon Estate, including what was best adapted to the home place — being for good measure “ four thousand acres, be the same more or less, together with the Mansion House, and all other buildings and improvements thereon.” Thus the deceased John Augustine’s eldest son received the promised compensation. His late nephew, George, who had married Frances Bassett, Mrs. Washington’s niece, had served Washington as aide and secretary for many years. For these reasons, he says, he devises to this nephew’s sons, George Fayette and Lawrence Augustine Washington, including the three hundred and sixty acres leased to their stepfather, his friend, Tobias Lear, two thousand and twenty-seven acres, to be equally divided between them, and lying east of Little Hunting Creek on the Potomac, adjoining the home place. He explains that he considers his wife’s grandchildren, “ in the same light as I do my own relations, since my expectation of issue has ceased. And to act the friendly part by them, more espe- cially by the two whom we have raised from their earliest in- fancy . . .” and whereas Eleanor “ hath lately intermarried with Lawrence Lewis, a son of my deceased sister Betty Lewis, by which union the inducement to provide for them both has been increased ”; therefore they and their heirs are to have “ the residue of my Mount Vernon Estate . . . together with the mill, distillery and all other improvements on the premises, making together about two thousand acres, be it more or less.” This included the high knoll two miles west of Mount Vernon over- looking that place and having the grand view of the Potomac River far up and down on both sides of that stream. On this Lawrence and Nellie soon built “* Woodlawn ” and lived there many years. The Mount Vernon acres were thus all disposed of, but still34 The Estate of George Washington, Deceased in pursuit of the principle stated, he devised to George W. P. Custis and his heirs, “ the tract I hold on four mile Run in the vicinity of Alexandria containing one thousand two hundred acres more or less.”” This adjoined on the south the estate of Arlington which Custis had inherited from his father and on the west that named Abingdon, where his parents had lived. It was known as the Washington forest until the Civil War denuded its hillsides of its splendid timber. It is now largely covered by second growth. He gave young George also “ my entire Square number twenty-one, in the City of Washington.” Thus he provided for those next to him and then said: Fifth: All the rest and residue of my Estate, real and personal, not disposed of in manner aforesaid, — in whatsoever consist- ing — wheresoever lying, and wheresoever found —a Schedule of which as far as is recollected, with a reasonable estimate of its value is hereunto annexed — I desire may be sold by my Execu- tors, at such times — in such manner, and on such credits [if a distribution among the legatees cannot equitably be made of the property], as, in their judgement shall be most conducive to the interest of the parties concerned and the monies arising there- from to be divided into twenty-three equal parts and applied as follows — viz: [Then followed the names or descriptions and their respective shares. | And if it should so happen that any of the persons whose names are here enumerated (unknown to me) should now be deceased, or should die before me, that in either of these cases, the heirs of such deceased person shall, notwithstanding, derive all benefit of the bequest, in the same manner as if he or she was actually living at the time. Having thus amply provided for every one having even the least claim upon his consideration, he gives a little thought to the only thing in his affairs in which he had or was to have a per- sonal share, —his tomb. ‘“ The family Vault at Mount Vernon,” he says on page twenty-seven, “ requiring repair and being im- properly situated besides, I desire that a new one of Brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Inclosure — on the ground which is marked out.”Of the Will 35 “In which my remains, with those of my deceased relatives (now in the Old Vault) and such others of my family as may chuse to be entombed there, may be deposited. And it is my express desire that my Corpse may be interred in a private manner, without parade or funeral oration.” Modest, democratic, simple and true always, he was never more so than in these provisions by which he expected to be gathered to his fathers and to sleep in the midst of his clan. Lastly, he constituted his wife, his five nephews, and his step- grandson executors of his estate, a group ranging in age from nearly twenty to sixty-eight years, and each varying considerably from the others, so that the chances of death, accident and ill- ness might be reduced to a minimum in the long administration of the estate which he had provided and carefully foreseen. In thus appointing a company of seven persons as executors, with the powers and duties of trustees, though he did not use that word or so describe them, Washington created an organization and anticipated a great institution, the modern Trust Company. It was not until half a century later that the practical value of this idea was carried into even limited use in this country, although as early as 1833 some genius conceived of its worth and embodied in the charter of some life insurance and banking companies in New York and Philadelphia the power to accept and execute trusts, which is the corner stone of the greatness of our trust companies. Again we see the truth and force of Professor Henry B. Adams’ remarkable tribute to the genius of Washing- ton, “ It would seem as though all lines of our public policy lead back to Washington as all roads lead to Rome.” To-day the visible assets of such institutions in this country amount to billions; their controlled and administered assets are quite im- measurable. Abroad they have been instituted in all civilized countries, and in Great Britain and its Dominions their principle has been adopted in the creation of governmental trustee offices. If Washington had been a skillful lawyer or advised by such, he would have added here full express powers, of sale and con- veyance of lands and personal estate, and in the settlement of36 The Estate of George Washington, Deceased claims on behalf of or against the estate. The former were im- plied in the collection and sale provisions and the latter were, perhaps, of minor importance. But one thing he did not overlook and most amply he pro- vided for its dangers. That was the possibility of mistake or misconstruction of his intentions. Said he, “I hope and trust, that no dispute will arise concerning them . . . but if contrary to expectation the case should be otherwise from want of legal expression, or the usual technical terms, or because too much or too little has been said on any of the devises to be consonant with law, my will and direction expressly is, that all disputes (if un- happily any there should arise) shall be decided by ” arbitration ‘“ of three intelligent and impartial men known for their probity and good understanding ” and they “ shall unfettered by Law or legal constructions declare their sense of the Testator’s inten- tion.” Not only that, but “such decision is, to all intents and purposes, to be as binding on the Parties as if it had been given in the Supreme Court of the United States.” He was Federalist to the last, Nationalist to the core; even his attestation clause proves him such. He literally wrote it thus: In witness of all and each of the things herein contained, I have set my hand and seal this ninth day of July, in the year one thousand seven hundred and ninety and of the Independence of the United States, the Twenty-fourth. Go. WasHINGTON. “nine” after Despite all his care. he omitted the word “ ninety ”, for the twenty-fourth year of Independence was 1799. The schedule attached to the will however ends correctly: Mount Vernon 9th July 1799 Go. WasHINGTON. The will was not witnessed, as Washington knew that a holo- graphic will (one written by the testator) need not be in Vir- ginia..° The law further provided that it must be dated and 10 Perkins vs. Virginia, 84 Va., 358.Of the Will 37 signed by the testator and as we have seen these points were cov- ered, but Washington followed the further custom of signing every page of the will, or at least he intended to, for he said in its opening paragraph, “‘ Every page thereof subscribed with my name.” ‘The fact is, however, that page twenty-three does not bear his signature, though all others do. That page ends with the words “ in the City of Washington ”, and it is surmised that in going over the completed document he either mistakenly supposed he had signed that page or, seeing the final word, “ let it go at that.” * Washington’s modest reference to the fact that his will was drawn without the aid of professional advice explains the only serious omission in his will, the absence of three witnesses. Bush- rod Washington and John Marshall, on whom Washington at this time relied for advice in important legal matters, were both in Philadelphia, then a great distance, the former being a Justice of the Supreme Court and the latter a member of the House of Rep- resentatives. James Keith, his local attorney in Alexandria, was not called in. And so it came about that though valid in Virginia, Washington’s will was not valid, because not witnessed, in the District of Columbia and the States of Maryland, New York, Kentucky and Ohio in which over ten thousand acres of his lands were situated. Pennsylvania, where he had less than three hun- dred acres, admitted a will on proof of handwriting by non- attesting witnesses. The result, while serious, for it upset the scheme of the will, was quickly overcome by a written agree- ment among those beneficiaries of age which likewise under- took to pledge the minors. It was faithfully carried out by all. 11 [t is curious to recall that theretofore Washington never referred to the City of Washington by that name but always modestly designated it as “the Federal City”, and it is interesting to remember that there has never been a legal designation of the city in the District of Columbia by that name except in post-office records. No legislative action so designates it in due form. There has been a controversy on this subject which still continues. President Wilson, when his attention was called to the fact, promptly abandoned the use of the term “in the City of Washington” in his proclama- tions and other legal forms, while President Harding resumed the former * date line.”38 The Estate of George Washington, Deceased A literal copy of the will, printed page by page in the form of the original, constitutes the next chapter. The illuminating and explanatory schedule of the estate and valuation also all in Washington’s handwriting is printed with it.” The following is a list of the persons and institutions benefited by the will: 1. Martha Washington 2. The Negroes 3. The Trustees of the Academy at Alexandria 4. The University to be established in the District of Columbia 5. Liberty Hall Academy, Rockbridge County, Virginia, now Washington and Lee University 6. Estate of Samuel Washington, deceased “.. Estate of Thornton Washington, deceased 8. The heirs of Thornton Washington, deceased 9. George Steptoe Washington 10. Lawrence Augustine Washington 11. Estate of Bartholomew Dandridge, deceased 12. Mary Dandridge, widow of said deceased 13. The heirs of Bartholomew Dandridge, deceased 14. Charles Carter 15. William Augustine Washington 16. Bushrod Washington 17. The Earl of Buchan 18. Charles Washington 19. Lawrence Washington 20. Robert Washington 21. Doctor James Craik 22. Doctor David Stuart 23. Bryan, Lord Fairfax 24. General de la Fayette 25. Hannah Washington (of Charles Town) 26. Mildred Washington 27. Eleanor Stuart 28. Hannah Washington of Fairfield 29. Elizabeth Washington of Hayfield 830. Tobias Lear 31. Sallie B. Haynie 12 A photographic copy of the entire will is included in the work entitled “ Washington, the Man and the Mason”, by C. H. Callahan, Alexandria, 1913.Of the Will 39 82. Sarah Green 33. Ann Walker 34. George Lewis 35. Samuel Washington (nephew) 36. George Fayette Washington 37. Lawrence Augustine Washington 38. Eleanor Parke Custis Lewis 39. Lawrence Lewis 40. George Washington Parke Custis 41. Elizabeth Spotswood 42. Jane Thornton 43. The heirs of Ann Ashton 44, Fielding Lewis 45. Robert Lewis 46. Howell Lewis 47. Betty Carter 48. Harriet Parks 49. Corbin Washington 50. The heirs of Jane Washington 51. Francis Ball 52. Mildred Hammond 58. Charles Augustine Washington 54. Maria Washington 55. Elizabeth Parke Law 56. Martha Parke Peter Aside from its legal history, Washington’s will had a series of physical experiences which account for its present condition and exhibition and should be detailed here. From the time of its presentation to the County Court of Fairfax County in January, 1800, until the early days of the Civil War it remained undisturbed in that custody. Once it was proposed to remove it for the purpose of having it lithographed (in 1853) and the then clerk of the court, Mr. Alfred Moss, obtained an act of the legislature of Virginia (March 22, 1853) which authorized him, if the court consented, to carry the will beyond the limits of the Commonwealth for that purpose. And the court consented but Mr. Moss seems to have failed of his purpose. In July, 1861, when the Confederate army retreated from40 The Estate of George Washington, Deceased Fairfax Court House, Mr. Moss carefully enveloped the will, endorsing thereon: The original Will of General George Washington Belongs to the records of Fairfax County Court. To be returned to me or any one legally authorized to receive it. AtFrep Moss, Clerk Fairfax County Court. It was then deposited with the Secretary of State at Richmond with other records, where it remained until the summer of 1865 when it was returned to Fairfax, the Secretary stating “ that the will had been found in his office among the papers scattered by Federal soldiers on the floor of one of the rooms.” The first pages of the document, from frequent handling, had become somewhat torn, and the court therefore ordered it put into a suitable case in 1865" and it now rests on the wall of the clerk’s vault, together with the will of Martha Washington. It is open at pages twenty-two and twenty-three, of which the latter is here reproduced. Lately the County Court, by agreement with the Library of Congress, in return for the latter’s service in mounting on silk and preserving the will, permitted a photostatic copy to be made of it, of which only two prints were ever executed. One of these is in the vaults of the court and the other in the Library of Con- gress. The latter is bound by agreement not to permit repro- ductions to be made of it or to make them itself. The court like- wise refuses to permit further duplication of the will. There is in existence a contemporary copy of the will, at one time supposed to be a duplicate and signed by Washington. It became the subject of considerable controversy in 1891, because it was sold at auction in Philadelphia as genuinely signed by Washington on twenty-eight of its pages. A pamphlet was 18 Condensed from A. Jackson, “ Authenticated Copy of the Last Will and Testament of George Washington of Mt. Vernon” (Washington, 1868), sold at Mount Vernon,Pear 7: 7 FLA 2 $a SLADE sa 4h ; / bib has FY ¢ oF ot / \ ah, 5 £8 \ weak 2 S * eo “ a le The. frrunepte anv tar i ‘~ Mio 2 Le Sic ANH cham vk 7 Lew. Abe & LAST swt G Va Act untae Tre 7 PAGE OF GUNTHER COPY AD ig doe 2p a Ee | AM fen. pls u CecLve fo 4k v« tek ahi Ata Sere, a ; S : 4 ) % of YT LL L Z rage . 7 ' ERER Eee RSP a ah Mensh | fe Cog ” Go, it oi cto iq Le (y 5 (fp - 44 é pte \ 7 > OW bf ad A GSLLOCAK Y KS 4 J f hs a = 74 \ Z was > / A me "5.x d, TG yy Pa A 4 4 Ct-Et £. ¢, 4: j £ =a / 5 ve & fy ss oo 4 oe Pp pf a - Fen se f 7 f i A LAF pA CAS ZOEY ] Li f Sf > oA tS Pes ) i Z Os = ss hy / \ 5 ¢ / 2 J te jaye Acrhans ket a fan? ~ st fi - Le Ae) f . ieee Lape Tsim ae A RS a ee ee cells Be ie ae a Di mkt u pyrk Arn OF WASHINGTON S WILL Endorsement thereon in handwriting of Bushrod WashingtonOf the Will 41 subsequently printed in support of that claim, but proved unconvincing. This document is known as the Gunther Copy and is now in The Chicago Historical Society under the bequest of my friend, Charles F. Gunther, a noted Chicago collector, who told me that he bought it of Lawrence Washington without regard to the genuineness of the signatures. I examined it in 1919. It is writ- ten on Washington’s water-marked letter paper, just as the original will is. It is plainly a copy in the handwriting of A. Rawlins, one of Washington’s secretaries at the time of his death. He wrote at the end of it, “ A copy Teste A. Rawlins ”, and the signatures of Washington are all innocent imitations, though so skillfully done that experts, in the pamphlet above mentioned, declared them genuine.** This copy was undoubtedly made by Rawlins after Washing- ton’s death for the use of Bushrod Washington, one of the executors, for it bears on its back notes in the latter’s hand- writing concerning legal questions about the title to Mount Vernon. 14 See Thomas Birch’s Sons, Catalogue No. 663, of April 21-23, 1891, item No. 3%, and also Catalogue No. 677, of “An Extraordinary Collection of Washington’s Letters”, ete., Dec. 15 and 16, 1891, item 134. The latter catalogue was accompanied by the supporting pamphlet.Chapter V THE WILL OF GEORGE WASHINGTON IN THE NAME OF GOD AMEN! [1] I George Washington of Mount- Vernon, a citizen of the United States, and lately President of the same, do make, ordain, and declare this Instrument, which is written with my own hand and every page there- of subscribed with my name, to be my last Will & Testament, revo- king all others. Impremus. All my debts, of which there are but few, and none of magnitude are to be punctually and speedily paid — and the Legacies hereinafter bequeath- ed are to be discharged as soon as cir- cumstances will permit, and in the manner directed. Item. To my dearly loved wife Mar- tha Washington I give and bequeath the use, profit and benefit of my whole Estate, real and personal, for the term of her natural life, except such parts thereof as are specifically disposed of hereafter: — My improved lot in the Town of Alexandria, situated on Pitt & Cameron Streets, I give to her & her heirs forever, as I also do my G° Washington 42* 4 } re ’ 3 + é Ct M) a - . ’ Jf t+ > y* , si ~ x (4 ( < wr ' | > ? } o 7 x ‘ LAS wx : y i See Pare < > , & e Ke / id -f ; 7 / q r ‘ ut ZR Ae, A Z 3 > . - , c < < 7 A Lhe LX ‘ J * ‘ ¢ = ye 62k A Au . Hise Pra 78 AG > = a) 4 e- A i . > dy Ht =) a Y (citi a ol eA IS PHATE , LEVY OO? Lf ae ZY a > ( “ SE 4 1d mf Ln : aK Ac ek Lh, | , 7 . 2 {5 f? eb é “t é tHe = APL £4 of A ; f ‘ ) A Cooe 2 wo 4 + ‘ + > - Jr > f PPC > A 2 he Peay 4 a 2 Tt 5 - ? TA ASC Ant < v mAh he Broa 4 e , f ts 2 A- 2 7 < ¢ tf > KE AP ‘ 4 CoO 2 4 Xk wh 1 t tr ; f 4 f- AUCs c Ge. am J 2<¢ fh a Zé j ‘ « ¢ -EAA_C ft UH f é A_ ‘ *, oA , 4 Petr 2 e r¢< fs 4 A F Ps -£ ttn ~t<~ to Bok c In. « FIRST PAGE OF WASHINGTON'S WILL AS IT NOW APPEARS { { ‘ i 1 H 1 ; i H } \ 4 H i i , i ;household and kitchen furniture of [2] every sort & kind, with the liquors and groceries which may be on hand at the time of my decease; to be used & disposed of as she may think proper. Item. Upon the decease of my wife, it is my Will & desire that all the Slaves which I hold in my own right, shall receive their freedom — To emanci- pate them during her life, would, tho’ earnestly wished by me, be attended with such insuperable difficulties on account of their intermixture by Mar- riages with the Dower Negroes, as to excite the most painful sensations, if not disagreeable consequences from the latter, while both descriptions are in the occupancy of the same propri- etor; it not being in my power, under the tenure by which the dower Negros are held, to manumit them.— And whereas among those who will re- ceive freedom according to this de- vise, there may be some, who from old age or bodily infirmities, and others who on account of their infancy, that will be unable to support themselves, it is my will and desire that all who come under the first & second descrip- tion shall be comfortably cloathed & fed by my heirs while they live; — and G° Washington 43that such of the latter description as [3] have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the age of twenty five years; — and in cases where no record can be produced, whereby their ages can be ascertained, the judg- ment of the Court, upon its own view of the subject, shall be adequate and final. The negros thus bound, are (by their masters or mistresses) to be taught to read & write; and to be brought up to some useful occupation, agree- ably to the Laws of the Commonwealth of Virginia, providing for the support of orphans and other poor children. — and I do hereby expressly forbid the sale, or transportation out of the said Commonwealth, of any slave I may die possessed of, under any pretence whatsoever.— And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereaf- ter named, or the Survivors of them, to see that this clause respecting Slaves, and every part hereof be religious- ly fulfilled at the Epoch at which it is directed to take place; without eva- sion, neglect or delay, after the crops which may then be on the ground are harvested, particularly as it respects G° Washington 44the aged and infirm; — seeing that a re- [4] cular and permanent fund be establish- ed for their support so long as there are subjects requiring it: — not trusting to the uncertain provision to be made by individuals.— And to my mulatto man William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which have befallen him, and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, which shall be indepen- dent of the victuals & cloaths he has been accustomed to receive; if he chuses the last alternative; but in full with his freedom, if he prefers the first; — & this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revoluti- onary War.— Item. To the Trustees, (Governors, or by what- soever other name they may be designated) of the Academy in the Town of Alexan- dria, I give and bequeath, in Trust, four thousand dollars, or in other words twenty of the shares which I G° Washington 45hold in the Bank of Alexandria, to- [5] wards the support of a Free school esta- blished at, and annexed to, the said Aca- demy; for the purpose of Educating such orphan children, or the children of such other poor and indigent persons as are unable to accomplish it with their own means; and who, in the judgment of the Trustees of the said Seminary, are best entitled to the benefit of this dona- tion.— The aforesaid twenty shares I give & bequeath in perpetuity: — the dividends only of which are to be drawn for, and applied by the said Trustees for the time being, for the uses above mentioned; — the stock to remain entire and untouched; unless indications of a failure of the said Bank should be sO apparent, or a discontinuance there- of should render a removal of this fund necessary ; — in either of these cases, the amount of the stock here devised, is to be vested in some other Bank or pub- lic Institution, whereby the interest may with regularity & certainty be drawn, and applied as above.— And to prevent misconception, my mean- ing is, and is hereby declared to be, that these twenty shares are in lieu of, and not in addition to, the thousand pounds given by a missive letter some years a- go; in consequence whereof an an- G° Washington 46nuity of fifty pounds has since been [6] paid toward the support of this In- stitution. Item. Whereas by a Law of the Com- monwealth of Virginia, enacted in the year 1785, the Legislature thereof was pleased (as a an evidence of its approbation of the services I had ren- dered the Public during the Revolution —and partly, I believe, in consideration of my having suggested the vast ad- vantages which the Community would derive from the extension of its Inland Navigation, under Legislative patro- nage) to present me with one hund- red shares of one hundred dollars — each, in the incorporated company established for the purpose of exten- ding the navigation of James River from tide water to the mountains : — and also with fifty shares of one hundred pounds sterling each, in the corporation of another company, like- wise established for the similar pur- pose of opening the navigation of the River Potomac from tide water to Fort Cumberland; the acceptance of which, although the offer was high- ly honourable, and grateful to my feelings, was refused, as inconsis- tent with a principle which I had adop- G° Washington ATted, and had never departed from, name- [7] ly — not to receive pecuniary compensa- tion for any services I could ren- der my country in its arduous strug- gle with great Britain, for its Rights, and because I had evaded similar pro- positions from other States in the Union; — adding to this refusal, however, an intimation that, if it should be the plea- sure of the Legislature to permit me to appropriate the said shares to pub- lic uses, I would receive them on those terms with due sensibility ; — and this it ha- ving consented to, in flattering terms, as will appear by a subsequent Law and sundry resolutions, in the most ample and honorable manner, I proceed after this recital, for the more correct understanding of the case, to declare — That as it has always been a source of serious regret with me to see the youth of these United States sent to foreign countries for the pur- pose of Education, often before their minds were formed, or they had imbi- bed any adequate ideas of the hap- piness of their own; — contracting, too frequently, not only habits of dissipati- on & extravagence, but principles unfriendly to Republican Governmt and to the true & genuine liberties G° Washington 48of mankind; which, thereafter are [3] rarely overcome.— For these rea- sons, it has been my ardent wish to see a plan devised on a liberal scale which would have a tendency to spr‘ systemactic ideas through all parts of this rising Empire, thereby to do away local attachments and State prejudices, as far as the nature of things would, or indeed ought to ad- mit, from our National Councils.— Looking anxiously forward to the accomplishment of so desira- ble an object as this is, (in my estima- tion) my mind has not been able to contemplate any plan more likely to effect the measure than the esta- blishment of a UNIVERSITY in a central part of the United States, to which the youth of fortune and talents from all parts thereof might be sent for the completion of their Education in all the branches of po- lite literature; — in arts and Sciences, — in acquiring knowledge in the prin- ciples of Politics & good Government; —and (as a matter of infinite Impor- tance in my judgment) by associa- ting with each other, and forming frien- dships in Juvenile years, be enabled to free themselves in a proper degree from those local prejudices & habi- G° Washington 49tual jealousies which have just been [9] mentioned; and which, when carried to excess, are never failing sources of disquietude to the Public mind, and pregnant of mischievous consequen- ces to this country: — Under these im- pressions, so fully dilated, Item I give and bequeath in per- petuity the fifty shares which I hold in the Potomac Company (under the aforesaid Acts of the Legislature of Virginia) towards the endowment of a UNIVERSITY to be establish- ed within the limits of the District of Columbia, under the auspices of the General Government, if that government should incline to ex- tend a fostering hand towards it, and until such Seminary is esta- blished, and the funds arising on these shares shall be required for its sup- port, my further Will & desire is that the profit accruing therefrom shall, whenever the dividends are made, be laid out in purchasing stock in the Bank of Columbia, or some other Bank, at the discretion of my Executors; or by the Treasurer of the United States for the time being under the direction of Congress; pro- vided that Honorable body should G° Washington 30Patronize the measure, and the Div1- [ 10] dends proceeding from the purchase of such Stock is to be vested in more stock, and so on, until a sum ade- quate to the accomplishment of the object is obtained, of which I have not the smallest doubt, before many years passes away; even if no aid or encouraged is given by Legisla- tive authority, or from any other source. Item. The hundred shares which I held in the James River Company, I have gi- ven, and now confirm in perpetuity to, and for the use & benefit of Li- berty Hall Academy, in the County of Rockbridge, in the Commonwealth of Virg? Item. I release exonerate and discharge, the Estate of my deceased brother Sam- uel Washington, from the payment of the money which is due to me for the Land I sold to Philip Pendleton (lying in the County of Berkeley) who assigned the same to him the said Sam- uel; who, by agreement was to pay me therefor.— And whereas by some contract (the purport of which was never communicated to me) between the said Samuel and his son Thorn- ton Washington, the latter became pos- sessed of the aforesaid Land, without G°: Washington 51i i i i] | j i H H | any conveyance having passed from [11] me, either to the said Pendleton, the said Samuel, or the said Thornton, and without any consideration having been made, by which neglect neither the legal nor equitable title has been alienated; — it rests therefore with me to declare my intentions concern- ing the Premises — and these are, to give & bequeath the said land to whomsoever the said Thornton Wash- ington (who is also dead) devised the same; or to his heirs forever if he di- ed Intestate: — Exonerating the estate of the said Thornton, equally with that of the said Samuel from payment of the purchase money; which with In- terest; agreeably to the original con- tract with the said Pendleton, would amount to more than a thousand pounds. And whereas two other sons of my said deceased brother Samuel — namely, George Steptoe Washington and Lawrence Augustine Washington, were, by the decease of those to whose care they were committed, brought un- der my protection, and in conseq: have occasioned advances on my part for their Education at College, and other Schools, for their board — cloathing — and other incidental expences, to the amount of near G° Washington o2five thousand dollars over and above [12] the sums furnished by their Estate, w® sum may be inconvenient for them, or their fathers Estate to refund.— I do for these reasons acquit them, and the said estate from the pay- ment thereof.— My intention being that all accounts between them and me, and their father’s estate and me shall stand balanced.— Item. The balance due to mé from the Estate of Bartholomew Dandridge de- ceased (my wife’s brother) and which amounted on the first day of October 1795, to four hundred and twenty five pounds (as will appear by an account rendered by his deceased son John Dandridge, who was the acting Ex? of his fathers Will) I release & acquit from the payment thereof.— And the negros, then thirty three in num- ber) formerly belonging to the said estate, who were taken in executi- on — sold — and purchased in on my account in the year and ever since have remained in the posses- sion, and to the use of Mary, widow of the said Bartholomew Dandridge with their increase, it is my Will & desire shall continue & be in her pos- session, without paying hire, or ma- G° Washington 53king compensation for the same for [13] the time past or to come, during her natural life, at the expiration of which, I direct that all of them who are forty years old & upwards, shall re- ceive their freedom; all under that age and above sixteen, shall serve seven years and no longer; — and all under sixteen years shall serve until they are twenty-five years of age, and then be free.— And to‘at¥oid disputes res- specting the ages of any of these negros they are to be taken to the Court of the County in which they reside, and the judgment thereof, in this relation shall be final; and a record thereof made; which may be adduced as evt- dence at any time thereafter, if dis- putes should arise concerning the same. And I further direct that the heirs of the said Bartholomew Dandridge shall, equally, share the benefits arising from the services of the said negros accord- ing to the tenor of this devise, upon the decease of their Mother.— Item. If Charles Carter who intermar- ried with my niece Betty Lewis is not sufficiently secured in the title to the lots he had of me in the town of Fredericks- burgh, it is my will & desire that my Ex- ecutors shall make such conveyances G° Washington 54of them as the Law requires, to render it [14] perfect.— Item To my Nephew William Augustine Washington and his heirs (if he should conceive them to be objects worth prosecuting) and to his heirs,— a lot in the town of Man- chester (opposite to Richmond) N° 265 — drawn on my sole account, and also — the tenth of one or two, hundred acre lots, and two or three half acre lots in the City, and vicinity of Richmond, drawn in part- nership with nine others, all in the — lottery of the deceased William Byrd are given —as is also a lot which I purchased of John Hood, conveyed by William Willie and Samuel Gordon Trustees of the said John Hood, number- ed 139 in the Town of Edinburgh, in the County of Prince George, State of Virginia. Item To my nephew Bushrod Washing- ton, I give and bequeath all the Papers in my possession, which relate to my C1- vil and Military Administration of the affairs of this Country; —I leave to him also, such of my private Papers as are worth preserving; — and at the decease of wife, and before, if she is not incli- ned to retain them, I give and bequeath my library of Books, and Pamphlets of every kind.— G° Washington 55Item Having sold Lands which I pos- [15] sessed in the State of Pennsylvania, and part of a tract held in equal right with George Clinton, late Gover- nor of New York, in the State of New York; — my share of land, & interest, in the Great Dismal Swamp, and a tract of land which I owned in the County of Gloucester; — withholding the legal titles thereto, until the con- sideration money should be paid.— And having moreover leased, & conditionally sold (as will appear by the tenor of the said leases) all my lands upon the Great Kanhawa, and a tract upon Difficult Run, in the County of Loudoun, it is my Will and direction, that whensoever the Contracts are fully, & respectively complied with, according to the spi- rit; true intent, & meaning thereof, on the part of the purchasers, their heirs or assigns, that then, and in that case, Conveyances are to be made; agreeably to the terms of the said Contracts; and the mo- ney arising therefrom, when paid, to be vested in Bank stock; the divi- dends whereof, as of that also ws! is already vested therein, is to inure to my said wife during her life but the Stock itself is to remain, & G° Washington 56be subject to the general distribu- [ 16] tion hereafter directed.— Item To the Earl of Buchan I recom- mit, ‘‘ the Box made of the Oak that “sheltered the Great Sir William Wal- “lace after the battle of Falkirk ”’— presented to me by his Lordship, in terms too flattering for me to repeat, — with a request “ to pass it, on the e- vent of my decease, to the man in my ‘country, who should appear to me- ‘rit it best, upon the same conditions ‘that have induced him to send it “to me’’. Whether easy, or not, to select the man who might comport ¢ with his Lordships opinion in this — respect, is not for me to say; but con- ceiving that no disposition of this valuable curiosity can be more eli- gable than the re-commitment of it to his own Cabinet, agreeably to the original design of the Goldsmiths — Company of Edenburgh, who presen- ted it to him, and at his request, con- sented that it should be transfered to me; I do give & bequeath the same to his Lordship, and in case of his de- cease, to his heir with my grateful thanks for the distinguished honour of presenting it to me; and more espe- cially for the favourable sentiments G° Washington o7with which he accompanied it.— fe tya Item To my brother Charles Washington I give & bequeath the gold headed Cane left me by Doct Franklin in his Will I add nothing to it, because of the ample provision I have made for his Issue To the acquaintances and friends of my Juvenile years, Lawrence Washington & Robert Washington of Cho- tanck, I give my other two gold headed Canes, having my arms engraved on them and to each (as they will be useful where they live) I leave one of the spy-glasses which constituted part of my equipage during the late War. To my com- patriot in arms, and old & intimate friend Doct! Craik, I give my Bureau (or as the Cabinet makers call it, T’am- bour Secretary) and the circular chair — an appendage of my Study. To Doctor David Stuart I give my large shaving & dressing-Table, and my Te- lescope. To.the Reverend, now Bryan, Lord Fairfax, I give a Bible in three large folio volumes, with notes, presented to me by the Right Reverend Thomas Wilson, Bishop of Sodor & Man To General de la Fayette I give a pair of finely wrought steel Pistols, taken from the enemy in the Revoluti- onary War. To my Sisters in law G° Washington 58Hannah Washington & Mildred Wash- [18] ington; — to my friends Eleanor Stuart Hannah Washington of Fairfield, and Elizabeth Washington of Hayfield, I give, each, a mourning Ring of the value of one hundred dollars. These bequests are not made for the intrin- sic value of them, but as mementos of my esteem & regard. To Tobias Lear, I give the use of the Farm which he now holds, in virtue of a Lease from me to him and his deceased wife (for and during their natural lives) free from Rent, during his life; — at the expiration of which, it is to be dispo- sed as is hereinafter directed. To Sally B. Haynie (a distant relation of mine) I give and bequeath three hundred dollars To Sarah Green daughter of the deceased Thomas Bish- op, & to Ann Walker daughter of Jn? Alton, also deceased, I give, each — one hundred dollars, in considera- tion of the attachment of their fathers to me, each of whom having lived nearly forty years in my family.— To each of my Nephews, Willi- am Augustine Washington, George Lewis, George Steptoe Washington,— Bushrod Washington and Samuel Washington, I give one of the Swords or Cutteaux of which I may die pos- G° Washington 59———————— — sessed, and they are to chuse in the or- [19] der they are named.— These Swords are accompanied with an injuncti- on not to unsheath them for the pur- pose of shedding blood, except it be for self defence, or in defence of their Country and its rights; and in the lat- ter case, to keep them unsheathed, and prefer falling with them in their hands, to the relinquishment thereof. And now Having gone through these spe- cific devises, with explanations for the more correct understand- ing of the meaning and design of them; I proceed to the distribution of the more important parts of my Estate, in manner following — First. To my Nephew Bushrod Washing- ton and his heirs (partly in conside- ration of an intimation to his deceased father while we were Bachelors, & he had kindly undertaken to super- intend my Estate during my Muilita- ry services in the former War between Great Britain & France, that if I should fall therein, Mount Vernon (then less extensive in domain than at present) should become his pro- perty) I give and bequeath all that part thereof which is comprehen- G° Washington 60ded within the following limits — viz [20] Beginning at the ford of Dogue run, near my Mill, and extending along the road, and bounded thereby as it now goes, & ever has gone since my recol- lection of it, to the ford of little hunting Creek at the Gum spring until it comes to a knowl, opposite to an old road which formerly passed through the lower field of Muddy hole Farm; at which, on the north side of the said road are three red, or spanish oaks mar- ked as a corner, and a stone placed thence by a line of trees to be mar- ked, rectangular to the back line, or outer boundary of the tract between Thomson Mason & myself. thence with that line Easterly (now double ditching with a Post & Rail fence thereon) to the run of little hunting Creek.— thence with that run which is the boundary between the Lands of the late Humphrey Peake and me, to the tide water of the said Creek; thence by that water to Potomac River. thence with the River to the mouth of Dogue Creek. and thence with the said Dogue Creek to the place of beginning at the aforesaid ford; containing upwards of four thou- sand acres, be the same more or less — together with the Mansion house G° Washington 61and all other buildings and improvem® [21 | thereon.— Second. In consideration of the consanguini- ty between them and my wife, being as nearly related to her as to myself, as on account of the affection I had for, and the obligation I was under to, their father when living, who from his youth had attached himself to my person, and followed my fortunes through the viscissitudes of the late Revolutio yards devoting his time to the Superintendence of my private concerns for many years, whilst my public employments rendered it im- practicable for me to do it myself, there- by affording me essential services, and always performing them in a manner the most felial and respectful — for these reasons I say, I give and bequeath to George Fayette Washington, and Lawrence Augustine Washington anal their heirs, my Estate East of little hunting Creek, lying on the River Potomac,— including the farm of 360 acres, Leased to Tobias Lear as noticed before, and containing in the whole, by Deeds, Two thousand and seventy seven acres — be it more or less. — which said Estate, it is my Will & desire should be equitably, & advantageously divided between them, according to quan- tity, quality & other circumstances when G° Washington 62the youngest shall have arrived at the [22] age of twenty one years, by three judi- cious and disinterested men ; — one to be chosen by each of the brothers, and the third by these two.— In the meantime, if the termination of my wife’s interest therein should have ceased, the profits, arising therefrom are to be applied for their joint uses and benefit.— Third. And whereas it has always been my intention, since my expectation of having Issue has ceased, to consider the Grand children of my wife in the same light as I do my own relations, and to act a friendly part by them; more especially by the two whom we have reared from their earliest infan- cy — namely — Eleanor Parke Custis, & George Washington Parke Custis.— And whereas the former of these hath lately intermarried with Law- rence Lewis, a son of my deceased sis- ter Betty Lewis, by which union the inducement to provide for them both has been increased ; — Wherefore, I give & bequeath to the said Lawrence Lewis & Eleanor Parke Lewis, his wife, and their heirs, the residue of my Mount Vernon Estate, not already devised to my Nephew Bushrod Wash- ‘ington,— comprehended within the fol- G° Washington 63lowing description,— viz — All the land [23] north of the Road leading from the ford of Dogue run to the Gum spring as de- scribed in the devise of the other part of the tract to Bushrod Washington, un- til it comes to the stone & three red or Spanish oaks on the knowl.— thence with the rectangular line to the back line (between M! Mason & me) — thence with that line westerly, along the new double ditch to Dogue run, by the tumb- ling Dam of my Mill; — thence with the said run to the ford aforementioned; to which I add all the land I possess west of the said Dogue run, & Dogue Cr bounded Easterly & Southerly thereby; — together with the Mill, Distillery, and all other houses & improvements on the premises, making together about two thousand acres — be it more or less. Fourth. Actuated by the principal al- ready mentioned, I give and bequeath to George Washington Parke Custis, the Grandson of my wife, and my ward, and to his heirs, the tract I hold on four mile run in the vicinity of A- lexandria, containing one thou! two hundred acres, more or less,— & my entire Square, number twenty one, in the City of Washington.— 64Fifth. All the rest and residue of my [24] Estate, real & personal — not disposed of in manner aforesaid — In whatsoe- ver consisting — wheresoever lying — and whensoever found — a schedule of which, as far as is recollected, with a reason- able estimate of its value, is hereunto annexed — I desire may be sold by my Executors at such times — in such man- ner — and on such credits (if an equal, valid, and satisfactory distribution of the specific property cannot be made without) — as, in their judgment shall be most conducive to the inte- rest of the parties concerned; and the monies arising therefrom to be divi- ded into twenty three equal parts, and applied as follow — viz — To William Augustine Washington, Elizabeth Spotswood, Jane Thornton, and the heirs of Ann Ashton; son and daughters of my deceased brother Augustine Washington, I give and be- queath four parts; — that is — one part to each of them. To Fielding Lewis, George Lewis, Robert Lewis, Howell Lewis & Betty Carter, sons & daughter of my decea- sed sister Betty Lewis, I give & bequeath five other parts — one to each of them. To George Steptoe Washington, Law- rence Augustine Washington, Harriot G° Washington 65Parks, and the heirs of Thornton Wash- [25 | ington, sons & daughter of my decea- sed brother Samuel Washington, I give and bequeath other four parts, one part to each of them.— To Corbin Washington, and the heirs of Jane Washington, son & daugh- ter of my deceased Brother John Augus- tine Washington, I give and bequeath two parts; — one part to each of them.— To Samuel Washington, Francis Ball & Mildred Hammond, son & daugh ters of my Brother Charles Washington, I give & bequeath three parts; — one part to each of them. And to George Fayette Washington Charles Augustine Washing- ton & Maria Washington, sons and daughter of my deceased nephew Geo: Augustine Washington, I give one other part,— that is — to each a third of that part. To Elizabeth Parke Law, Martha Parke Peter, and Eleanor Parke Lewis, I give and bequeath three other parts, — that is a part to each of them.— And to my nephews Bushrod Washington & Lawrence Lewis,— and to my ward, the grandson of my wife, I give and bequeath one other part; — that is, a third thereof to each of them.— And if it should so happen that any of the persons whose names are here ennu- merated (unknown to me) should now G° Washington 66Loar. ore atoverAbeor. ~ UKF 24 Ka Land Af har ke 2s Chae oC a) ae Ann Jren- Phe pore = reg 2 oe . FT ae er 8 fe ne OK: w- Tle An SF I rCAy” AS Litn ye > Sa Zn Jk aan I A-OK hn ot fan frat ok JA 2 Pp cE Zs Jee wher noo Magpharphon, A le L Ali CoPrn aT Via oe 2 Lia oe aS, py FD Ad —- Fen. a On Zia: fracas. Hs TAste Pee Arte Fike Qoctar Age Bate Zo CEES le acgh oe ly | | | hey Lena. lI paden ne Panna the Is Dien her Tact Pra; Sharer jae Hake C6 caeee Le 44S Lisias Cy, ater a Aah of 5 hes ; ert Ce cele K bas AN ne ewe. Det, bc, Pre eee wD Fla pee. tut/ Ll thn Leno Lae oz | ipa F eed, 4g nyt : Jae DOQe az Kno VAs fire? a gores a2Llechnd o 2 ws AlA [Sia nee oF Paid giv the iA Speie f Pi Wee “ie Kaa Sime. o Ap Zee DiecA. A bog e et ZA bc-tcAadad Farle ae At. Sore fAer &y ALACL tL. are forge. oe A2Gk the. Dt. ete. oJ eee iy a Rc At ofKere Rigi aa Ycabren e562 Lt ok JA Jro-e- Pow he ii Aa heap Papedda- ALIA Site 7 Sates PRLS AED ee 7 lho Ez Dro0P2 IP ce, LS | | ; : b | tif pr a Le. oa ie 4y 4A ns ee oe Ah ate aA? yy Que 2, rian Ee een oy x Ht1tr AAD RG (26 ... eo: 839 Ditto oe ee 977 Ditto is Seas es 1235 3051 Kentucky ought Creckire ga si. oe sco 3000 LOA Ghinine 365 cobdnoeeuDe 2000 5000 LOTS — VIZ City of Washington Two near the Capital, Sqr. 634 cost $963 — and with Buildgs. Carried over .. 72 Dollars [iS 1 | 124,880 dol 10 97,440 200,000 6 3,600 12 6,228 6 1,404 6 6,000 Bb boat 2 10,000 15,000 479,803 (k) (1) (m) (n) CD) (p) (q)LAST f (2, 3 yo =~ fi Boone Dr hpre ZS aoe Eos Le Te p<) If ¢ A A 22acA oF: Re, PE. Auge St Rese oop of o # ee ve PAAA........ 6 pr. Cts. 3746 Dowdefered: 425 24s. 1873 | 2500 Supr:) Ctsi 2. sce... 2946 [ Potomack Company 24 Shares— cost ea. £100 Sterg. James River Company 5 Shares — each cost $100.... Bank of Columbia 170 Shares — $40 each ..... Bank of Alexandria — besides | 20 to the Free School 5 — 73 Dollars e2)] 479,803 Oc 400 are 800 6,800) 1,000 514,347 (s) (t) (u) (w) (x) (y) (z) (&)Dollars [sai Amount Brot. over .. 514,327 STOCK — living — viz.— 1 Covering horse, 5 Coh. Horses — 4 Riding do. six brood Mares — 20 work ing horses & Mares.— 2 Co vering Jacks. & 3 young ones — 10 she asses, 42 wor king Mules — 15 younger ones 329 head of horned Cattle Me Gbe 640 head of sheep — and a large Stock of Hogs — the pricise number unknown Qa My Manager has estima ted this live Stock at £7,000 but I shall set it down in order to make rd. sum at Agregate amt. ...... $530,000 74(a) Notes. [34] This tract for the size of it is valu able — More for its situation than the qua lity of its soil, though that is good for Farm ing; with a considerable portion of grd. that might, very easily, be improved into Meadow.— It lyes on the great Road from the City of Washington, Alexandria and George Town, to Leesburgh & Winchester; at Difficult bridge,— nineteen Miles from Alexandria,— less from the City & George- Town, and not more than three from Ma tildaville at the Great Falls of Potomac — There is a valuable seat on the Pre mises — and the whole is conditionally — sold — for the sum annexed in the Schedule. What the selling prices of lands in the vicinity of these two tracts are, I know not; but compared with those above the Ridge, and others below them the value annexed will appear mode rate —a less one would not obtain them from me.— The surrounding land, not superi or in Soil, situation or properties of any sort, sells currently at from twenty to thirty dollars an acre.— the lowest price is affixed to these — The observations made in the last note applies equally to this tract; 75being in the vicinity of them, and of si- [35] milar quality, altho’ it lyes in another County. This tract, though small, is extreme ly valuable.— It lyes on Potomac River a- bout 12 miles above the Town of Bath (or Warm springs) and is in the shape of a horse Shoe; — the River running almost a round it.— Two hundred Acres of it 1s Rich low grounds; with a great abun- dance of the largest & finest Walnut- trees; which, with the produce of the Soil, might (by Means of the improved Navi gation of the Potomac) be brought to a shipping port with more ease, and at a smaller expence, than that which 1s transported 30 miles only by land. This tract is of second rate Glou cester low grounds.— It has no Improve ments thereon, but lyes on Navigable wa ter, abounding in Fish and Oysters.— It was received in payment of a debt (carrying interest) and valued in the year 1789 by an impartial Gentleman to £800.— NB. it has lately been sold, and there is due thereon, a balance equal to what is annexed the Schedule. These 373 acres are the third part of undivided purchases made by the deceased Fielding Lewis Thomas Walker and myself; on full conviction that 76they would become valuable.— The land [36] lyes on the Road from Suffolk to Norfolk — touches (if | am not mistaken) some part of the Navigable water of Nansemond River — borders on, and comprehends part of the rich Dismal Swamp; — 1s capable of great improvement; — and from its situ ation must become extremely valuable. This is an undivided Interest wch. I held in the Great Dismal Swamp Compa ny — containing about 4000 acres, with my part of the Plantation & Stock thereon belonging to the Company in the sd. Swamp These several tracts of land are of the first quality on the Ohio River, in the parts where they are situated ; — being almost if not altogether River bottoms .— The smallest of these tracts is actu ally sold at ten dollars an Acre but the consideration therefor, not received — the rest are equally valuable & will sell as high — especially that which lyes just below the little Kanhawa and is opposite to a thick settlement on the Westside the Rivr. — The four tracts have an aggregate breadth upon the River of Sixteen miles and is bounded there by that distance.— These tracts are situated on the Great Kanhawa River, and the firstfour are bounded thereby for more [37] than forty Miles.— It is acknowledged by all w ho have seen them (and of the tract containing 10990 acres which I have been on myself, I can assert) that there is no richer, or more valuable land in all that Region; — They are con ditionally sold for the sum mentio ned in the Schedule — that is $200,000 and if the terms of that Sale are not complied with they will command con siderably more.— The tract of which the 125 acres is a Moiety, was taken up by General Andrew Lewis and myself for, and on account of a bituminous Spring which it contains, of so inflamable a na ture as to burn as freely as spirits, and is nearly as difficult to extinguish. I am but little acquainted with this land, although I have once been on it.— It was received (many years since) in discharge of a debt due to me from Daniel Janifer Adams at the value annexed thereto — and must be worth more.— It is very level, lyes near the River Potomac This tract lyes about 30 miles above the City of Washington, not far from Kittoctan.— It is good farming- Land, and by those who are well ac 78quainted with it lam informed thatit [38] would sell at twelve or $15 pr. Acre.— This land is valuable on account of its local situation, and other proper ties.— It affords an exceeding good stand on Braddocks road from Fort Cumberland to Pittsburgh — and besides a fertile soil, possesses a large quantity of natural — Meadow, fit for the scythe.— It is distinguis hed by the appellation of the Great Mea- dows — where the first action with the French in the year 1754 was fought.— This is the moiety of about 2000 Acs. which remains unsold of 6071. Acres ~ on the Mohawk River (Montgomery Cty.) in a Patent granted to Daniel Coxe in the Township of Coxeborough & Carolana — as will appear by Deed from Marinus Willet & Wife to George Clinton (late Gover nor of New York) and myself.— The lat ter sales have been Six dollars an ace. and what remains unsold will fetch that or more The quality of these lands & their Situation, may be known by the Survayers Certificates — which are filed along with the Patents.— They lye in the vicinity of Cincinnati; — one tract near the mouth of the little Miami another seven & the thirdten miles up the same — I have been in [39] formed that they will readily command more than they are estimated at.— For the description of these tracts in detail, see General Spotswoods letters filed with the other papers relating to them.— Besides the General good quality of the Land there is a valuable Bank of Iron Ore thereon; — which, when the settlement becomes more populous (and settlers are moving that way very fast) will be found very valua ble; as the rough Creek, a branch of Green River affords ample water for Furnaces & forges.— LOTS — VIZ.— CITY OF WASHINGTON The two lots near the Capital, in square 634, cost me 963 $ only; but in this price I was favoured, on conditi on that I should build two Brick hou ses three Storys high each: — without this reduction the selling prices of those Lots would have cost me about $1350 .— These lots, with the buildings there on, when completed will stand me in $15000 at least. Lots No. 5.12.13. & 14 on the Eastn. branch, are advantageously situated on the water — and although many lots 80(u) much less convenient have solda great [40| deal higher I will rate these at 12 Cts. the square foot only.— ALEXANDRIA For this lot, though unimproved, I have refused $3500 — It has since been laid off into proper sized lots for build ing on — three or 4 of which are let on eround Rent — forever — at three dollars a foot on the Street.— and this price is asked for both fronts on Pitt & Prin ces Street.— WINCHESTER As neither the lot in the Town or Commons have any improvements on them, it is not easy to fix a price, but as both are well situated, it is presumed the price annexed to them in the Schedule, is a reasonable valun. BATH The Lots in Bath (two adjoining) cost me, to the best of my recollection, betwn. fifty & sixty pounds 20 years ago; — and the buil dings thereon £150 more.— Whether pro perty there has increased or decreased. in value, and in what condition the houses are I am ignorant.— but suppose they are not valued too high 81(x) STOCKS [41] These are the sums which are — actually funded.— and though no more in the aggregate than $7,566 — stand me in at least ten thousand pounds Vir ginia Money.— besides the amount of — bonded and other debts due to me, & discharged during the War when money had depreciated in that rati- o — and was so settled by public authory The value annexed to these shares is what they have actually cost me and is the price affixed by Law: — and although the present selling price 1s under par, my advice to the Legatees (for whose benefit they are intended, especially those who can afford to lye out of the Money is that each should take and hold one, — there being a Moral certainty of a great and in creasing profit arising from them in the course of a few years It is supposed that the Shares — in the James River Company must also be productive.— But of this I — can give no decided opinion for want of more accurate informtn. These are nominal prices of the Shares of the Banks of Alex 82andria & Columbia, the selling prices [42] vary according to circumstances. But as the Stock usually divided from eight to ten per cent per annum, they must be worth the former, at least, so long as the Banks are conceived to be Secure, although circumstan ces may, sometimes below it. The value of the live stock de- pends more upon the quality than quantity of the different species of it, and this again upon the demand, and judgment or fancy of purchasers Mount Vernon G? WASHINGTON. 9th July 1799 83Chapter VI OF THE PROBATE OF THE WILL AND THE INVENTORY AND APPRAISEMENT Mount Vernon is situated in Fairfax County, Virginia, of which Alexandria, prior to 1791, was the county seat, and in that city stood its courthouse. In that year Virginia ceded to the Jnited States, to form part of the District of Columbia, that part of Fairfax County, including the City of Alexandria, which lies nearest the City of Washington and now is called Arlington County. The statute provided that until the government should actually take possession of the district (in 1801), the court- house should remain in Alexandria and the laws of Virginia should govern and be administered there. This condition was accepted by the United States and so it came about that Washington’s will was probated in 1800 in a Virginia court held in the District of Columbia, in a city which was not in Fairfax County, in which he was domiciled and died. A tablet on the city building marks the spot and commemorates the event in Alexandria to-day. In 1801, the court and records were removed to a new home about fourteen miles west, at a crossroads called Fairfax County Court House, where a new little brick building had been provided. There they still rest, despite the lapse of years and the vicissi- tudes of the Civil War. Before this chapter can be fitly con- cluded, their history must be told. On the twentieth day of January, 1800, the county court record shows: In the Matter of the Estate of General George Washington At the Court held for the County of Fairfax deceased the 20th day of January, 1800, this last will and Testament of George Washington, deceased, late Presi-Of the Probate of the Will 85 dent of the United States of America, was presented in Court by George Steptoe Washington, Samuel Washington & Lawrence Lewis, three of the Executors therein named, who made oath thereto, and the same being proved by the oaths of Charles Little, Charles Simms and Ludwell Lee, to be in the true handwriting of the said Testator, as also the scedule thereto annexed, and the said Will, being sealed and signed by him, is on motion, ordered to be Recorded. And the said Executors having given Security and performed what the Laws require, a Certificate is granted them for obtain- ing a probate thereof in due form. Teste G. DENEALE Cl. Fx: Rea He fo. 1 Ex. by G. Deneale Cl. Fx. This record is endorsed on the original will. The notation at the foot means “ Recorded in Liber H. folio 1 and Examined.” Liber H. is a new book, bound in full calf, obtained for the pur- pose, and is preserved to this day in good condition. In copying, the clerk could not resist the temptation to imitate Washington’s signature in the twenty-nine places it appears on the will and schedule. The order of the court admitting the document to record as noted above is also here recorded on page twenty-three at the end of the schedule. The seal opposite Washington’s sig- nature on the original will was a wafer impressed with his seal ring or letter seal, both of which he habitually used for such purposes. On the record it is noted by a scroll. The clerk’s minute book of the County Court of Fairfax County proceedings for the years 1799 and 1800 is preserved, but in a mutilated condition. Pages one to two hundred and twenty-four inclusive are in the book, pages two hundred and twenty-five to four hundred and twenty-one inclusive are torn out in a ruthless fashion, while pages four hundred and twenty- two to six hundred follow intact. The original minute of the order, in January, 1800, admitting the will, appeared undoubt- edly on one of the pages thus removed, as the index of the book86 The Estate of George Washington, Deceased remains and it shows that the order was entered on page three hundred and nineteen. This record further shows that the court for the March term, 1800, was also held in Alexandria, and “ ad- journed to the new Court House at Fairfax.” On April 21, 1800, it met at the new courthouse agreeable to adjournment (pp. 477 and 478). All this is witnessed in the names of: Wm. Stanhope, Wm. Payne, Charles Little, David Stuart, Richard Bland Lee, Gents. Justices. By G. Deneate Clk. Fx. The minute of the court’s order appointing appraisers of the estate is also missing. It naturally followed immediately after the probate of the will. From the original appraisement bill, which is now at Mount Vernon, we learn that Thomas Mason, Tobias Lear, Thomas Peter and William H. Foote were ap- pointed appraisers by the court. Their report was not filed in court until August 20, 1810, yet they acted promptly, for the references to Mrs. Washington and the conditions at Mount Vernon show it to have been made in 1800. Letters testamentary issued by the county court to executors, showing their authority to act, were not customary in Virginia and, probably, when required, certified copies of the order above quoted were used. The subsequent record of the court shows that no further proceedings of record of any kind took place in the matter of the estate until 1810. An advertisement for and adjudication of claims was not made of record in Virginia but was attended to privately by executors unless they failed to agree with claimants or for some reason wanted a court to decide upon the claim, which was especially done in case of considerable sums or conflicting accounts. In such cases the executors were sued in the circuit court of the county like other debtors, and juries passed on the questions involved, before judgment was entered. Then the executors paid or the estate was subjected to process in execution of the judg- ment, by sale of property. Only one debt of the Washington estate seems to have beenOf the Probate of the Will 87 fixed in court; that was the claim of David Stuart for about $12,000, money loaned. See page 105 post, and Addendum, page 376 post. So many records of Fairfax County were destroyed in the Civil War that it is small wonder that this is missing. But there is a reference to it in another proceeding, which was had in Maryland, to sell the two Washington farms there, and the fact and approximate amount are thus fixed, as we shall see later. The other debts, as the executors’ accounts show, were small and few, the chief one being for $2,700, due the Bank of Alexandria upon two notes discounted a month or two before the General’s death, when he was using money to pay for his buildings in the City of Washington. The original “ Inventory and Appraisement ” remained in the hands of the executors until their first accounting in court." The record shows that it was ordered to be recorded on August 20, 1810, but it was not done. There is a notation on the record book, Volume J, at page 326, that it was there to be inserted. The executors or the auditor probably withdrew it for some use after it had been passed upon by the court and then the clerk failed to record it after it was returned, in the fashion of the times and probate affairs the world over. The title of it is “* An Inventory of Articles at Mount Vernon, with their appraised value.” The appraisers were all neighbors and friends of the deceased. General Thompson Mason was the eldest son of George Mason, of Gunston Hall, the noted patriot and author of the Virginia Declaration of Rights and the Fairfax County Resolves, who refused to sign the Constitution of the United States until it should be amended, as it afterwards was, tenfold, in his way. General Mason lived on a plantation adjoining Mount Vernon, named Hollin Hall; his father lived a mile or two nearer Alex- 1Jt remained there perhaps until the Civil War, when it was removed by a Federal soldier and later passed into the hands of the noted collector, William K. Bixby, Esq., of St. Louis. He caused it to be printed in a limited edition (350 copies) with an introduction by Worthington C. Ford, which he distributed among the leading libraries and collectors of the country in 1909. Since then he has presented the original document to the Mount Vernon Ladies’ Association. See W. K. Bixby, “Inventory of the Contents of Mount Vernon”, 1910. Also see Appendix II.88 The Estate of George Washington, Deceased andria. Colonel Tobias Lear was Washington’s military secre- tary, confidential agent and friend, having lived in his family as tutor and secretary since 1785. Thomas Peter was the husband of one of Mrs. Washington’s granddaughters. Wilham H. Foote was a son-in-law of the late Lund Washington, the General’s distant cousin and long-faithful superintendent. He lived at “ Hayfield ”, the estate just west of the bounds of Mount Vernon, sold to Lund by the General to pay his debts after the Revolution. Quoting now from Mr. Worthington C. Ford’s Introduction to Mr. Bixby’s reprint: The document has a high personal interest. The values affixed to each article are purely arbitrary, and are in no sense correct appraisals, whether of the market value of the thing, or of the value to its possessor, from actual cost or from association. The estate was not in dispute; there was no tax system which imposed making a correct valuation upon the executors; and the formal presentation of the list fulfilled the requirements of the occasion. The sums affixed could be omitted without impairing the real value of the paper, for this value lies in the light it throws upon the contents of the house at Mount Vernon, and incidentally upon the taste of Washington in gathering them. It may be said at this point that Washington himself was not wholly responsible for the contents. This is especially true of his library, which had grown through gifts rather than purchases, and thus only in a slight degree reflected the personal taste or judgment of the man.* The Inventory and Appraisement consisted of a statement of the furniture of each room at Mount Vernon, under these cap- tions: In the New Room®; In the little Parlour; In the front Parlour; In the dining Room; In the Bed Room; In the Passage; In the Closet under the Stair; In the Piazza; From the foot of the Staircase to the Second floor; In the passage of the second floor; In the first room on the second floor; In the second Room; 2On this subject, The Library, Chapter XII, follows herein. 3So called because it was the last addition to the house. It is the dining hall.Of the Probate of the Will 89 In the Third Room; Fourth Room; In the Small Room; In the Garret; Room No. 1; Room No. 2; Lumber Rooms; In the Pas- sage; In the Room Mrs. Washington now keeps; In the little passage on the second floor next to Mrs. Washington’s old Room; In the closet; In the Study; In the Iron Chest; Library; In the Closet under Frank’s direction; In the cellar; Up the Kitchen stairs; In the Kitchen; In the Wash-house; In the Office; In the store-house; In the Servants’ Hall; Gardner’s House; Overseer’s House; In Salt-House; In Blacksmith’s Shop. Then the procession of appraisers, changing the subject to “ Horses, Cattle & Tools ”, left the Mansion House premises and went a little ways to the north and east to the “ River Farm”, then to “ Muddyhole Farm ”, on the west, “ Dogue Run Farm ” on the south, and “ Union Farm” and “ Distillery ” next, re- turning soon, however, to the “ Mansion House and Farm”, and “Fish House ”, near the Potomac, and then up) hill tor the barn, built in 1733 by Washington’s father, of brick, and in use to-day. Next they come to the “ Paint Cellar ”, ‘“‘ Shoemaker’s Tools in Shop”, “ Gardner’s Tools”, and then follows this statement: “The whole number of Negroes left by Genl. Washington in his own right are as follows: 40 Men 37 Women 4 Working boys 3 - girls 40 children —_—— 124 Total which Mrs. Washington intending to liberate at the end of the present Year can only be valued for the Service of the Working Negroes for one year.” The document covers fifty pages of legal cap and itemizes and values all the goods and chattels of the estate. A careful reading of it will repay the reader, as it is replete with curious and in- structive items.90 The Estate of George Washington, Deceased A very interesting and perhaps original chapter might be written at this point, illustrative of both character and manners. Each room and often each or at least most of the items in each room might be made the subject of comment and anecdote con- nected with the personality of the man and woman who used them for forty years in the intimate and engaging purposes of daily life and lavish hospitality. The temptation is great but it would soon make quite a volume by itself and more properly belongs in that definitive “Life” of Washington which must soon be written by some one. The present writer’s privilege is only to repeat the public’s insistent call for it and in a measure to point out the way of it and the things that lie there. To the library and the letter books and papers separate chap- ters have been given, but the general subject cannot well be closed here without noting the affectionate care of the appraisers in their work, which, to those of us who have often been at Mount Vernon, seems to have increased to reverent awe as they found in Washington’s study and appraised these items: D. C. 7 swords and 1 blade 120. 4 canes 40. 11 spye glasses 110. 7 guns 35. 1 case surveying instruments 10. 1 Travelling Ink case 3. 1 globe 5. 2 setts money weights 20. 1 Bust of General Washington from life 100. 1 do. of Marble 50. 1 Profile in Plaster 25. 1 Japan box containing Mason’s apron 40. 1 Farmer’s Luncheon Box — 1 silk sash (Military) 20. Some Indian presents 5. This brief list of personal relics epitomizes the career and purpose of the man. Each reader will find in the further detailsOf the Probate of the Will 91 much matter of interest, according to his tastes and vocation, for the life and business of George Washington, Farmer, as he loved to be called, touched his fellow men at many points. The value of the chattels was placed about $27,000 and the cash, stocks and securities brought the total personal estate to $57,296.04.Chapter VII OF THE WIDOW Martua Danprivce Custis WasHINGTON, the widow of Gen- eral Washington, was sixty-eight years of age at his death." She had been in feeble health for a number of years. After his death she became a recluse. Following a custom of the times, the room in which Washington died was no longer used, and she retired to the room in the attic immediately above it. This has but one window, a dormer. From this she could view the old tomb in which rested the friend and companion of forty years. The meager furnishings of that room are given in the inventory of Washington’s estate.” The ample provision of the will for her benefit, far in excess of the legal requirements, gave her practical control of the estate. The duties of the executors during her lifetime were nominal or merely advisory.* Lawrence Lewis, the husband of her granddaughter, Nellie, was one of the executors, and he and his wife and daughter lived at Mount Vernon. He became the active executor and alone accounted to the court for proceedings during her lifetime. She had other estate also and he attended to it all. Her state of health, her great-grandchild and granddaughter, her devotions and her memories, gave her sufficient occupation. She received the numerous letters, visits and public resolutions of condolence, sympathy, eulogy and praise, which poured into Mount Vernon. She responded to none in person except perhaps 1 She was born June 21, 1731, just eight months before he was. 2 The Inventory of Mount Vernon” (official), page 9. W. K. Bixby, page 10. See Appendix II. 3 Letter of Bushrod Washington, January 14, 1800, Peter collection in the Smithsonian Institute.Of the Widow 93 to those which came through President Adams. Mr. Lewis acted as her secretary in most business, but in these, the official cases, Colonel Tobias Lear was her aid. It is to be noted that, excepting the furnishings of Mount Vernon and the lot in Alexandria, Washington made no devise or bequest to his wife in fee. His gifts to her were for life only. Of course they were much more than her possible needs. But the oft-repeated statement that it was her fortune that “ really made him ” comes to mind and the question arises: Did he fairly rec- ognize this fact, if it was a fact, in the distribution of his estate? Mrs. Custis inherited from her husband, Daniel Parke Custis, who died intestate, just what the law allowed her, namely, one- third of his personal property and the use of one-third of his real estate and slaves for life. The late Colonel Custis’ estate was considered one of the largest in Virginia. Exactly what it consisted of has long been doubtful, because the records of the General Court at Richmond and other records bearing upon the subject were destroyed by fire after the capture of that city at the end of the Civil War, and the papers of Washington relating to the distribution of the estate were all supposed to be lost in the passing years. “How much Washington got with the widow” has long been a matter of curiosity, debate, and surmise, and naturally the amount has been magnified. No one seems to have carefully investigated the subject. Chief Justice Marshall and Washing- ton Irving, in their respective standard lives of Washington, agree that the amount was large, and the latter places it at fifteen thousand pounds sterling, or seventy-five thousand dollars, which, to put it into modern proportions, would need to be multiplied by about ten. George Washington Parke Custis, in his “ Recollections ”, as- sumed that Washington received from his wife one hundred thou- sand dollars, and this has been generally accepted. In Washington’s ledger “ B ”, in the Library of Congress, there is a note that the accounts which he kept with his wife’s children94 The Estate of George Washington, Deceased as their guardian were to be found in “ the little marble covered book ” which he used in rendering his accounts to the General Court. This has disappeared. Washington’s ledgers, which begin with his eighteenth year in 1749 and end in 1792, are marked respectively “ A” and “B”, and then refer to a transfer of all accounts to a ledger “C”, which ran down to the time of his death. The latter has passed into the collection of Lloyd W. Smith, Esq., of New York, who also has the diminutive ledger kept by Washington prior to Ledger “A ” when he was but fifteen years of age. These I have described in the “ Addendum.” Ledger “ A”, which begins in December, 1749, covers a period of twenty-three years, ending in 1772. It was a large stout volume of nearly four hundred heavy pages, and was bound in pigskin.* It is ruled like a cashbook, and contains his cash accounts with the debits on the left-hand page and the credits on the next. Both pages are numbered alike, i.e., the first two pages used are numbered one, the next two are numbered two, and so on through the book. After a series of pages containing cash entries, a series of double-entry ledger accounts is interposed, the pages being num- bered in the regular manner indicated above. Then there is an- other series of cash-entry pages and then a batch of ledger ac- counts follows, and in like manner this persists throughout the book. Nearly every word of the book is in Washington’s beau- tiful handwriting, not quite as round and firm in the beginning as in the end, but careful and precise at all times. In April, 1918, I went through the body of the ledger and found no account concerning the estate of Colonel Custis or his children. Surprised at this, I turned to the index in the first part 4The volume, since the discovery related below, has been taken from its binding by the authorities of the Library of Congress, and each page has been carefully repaired and mounted and the whole incased. The binding also is preserved. The book, therefore, must be referred to in the past tense, though its substance still exists. A photostatic copy is in the Massachusetts His- torical Association Library at Boston; fourteen other photostatic copies from this have been made and sold to various persons and institutions by subscription, among them the Henry E. Huntington Library and Art Museum at Pasadena, California.LOT, CORNER OF PRINCE AND CAMERON STREETS, ALEXANDRIA, DEVISED TO MRS. WASHINGTON The frame building is the duplicate of Washington's office removed years agoOf the Widow 95 of the book, and there found three accounts noted as follows: Page Estate of Colo. Custis dec’d. 57 Custis, Patcy Miss 59 Custis, Jno. Parke 64 Turning to find the pages of the ledger thus indicated, the pages appeared to be missing. In running through the cash accounts, I had found a number of entries of receipt of money for these accounts, but I could not find the ledger accounts. I thought some error had been made in the indexing, and so I began a careful examination of each of the sheets of the book from page 50 to page 65, within the range of which the Custis accounts were said to be by the index. This revealed only the irregularities in numbering caused by the missing pages; page 56 was followed by page 58 and not by page 57; 58 by 60, and 63 by 65. In handling page 56 again and also page 58, which followed immediately, I noticed the leaves to be of wnuswal thickness, and, holding them up to the light, I saw that each was double thick, and that in fact what appeared to be one sheet consisted of two sheets which had been pasted together, face to face, and that thereby ledger pages numbered 57 debit and 57 credit, and 59 likewise, were within on the backs of the others. The entries were quite visible through the paper and clearly revealed the existence of the accounts there. Turning to page 68, which preceded the lost page 64, the same thing appeared. In each case the next two pages were glued together and contained entries visible by hold- ing them up to the light. I called the attention of the official in charge of the manuscript division of the Library of Congress to the facts, and to the careful work done in the pasting of the pages, which, it seemed, had escaped detection of all the many students and careful searchers of the book since the death of Washington, including Bushrod Washington, Chief Justice Marshall, Jared Sparks, Washington Irving, J. M. Toner, and perhaps hundreds of others. The skillful work of the repair man in the Library of Congress96 The Estate of George Washington, Deceased enabled a disclosure to be made after several days’ preparation of the sheets. The first pair contains the account of “ the estate of ‘ Danl. P. Custis, Esq., deceased’”; the next, the account of ‘‘ Miss Patcy Custis ”, and the last pair shows the account of “ Mr. John Parke Custis ”, all in the handwriting of Washington, beginning shortly after his marriage to the widow. The account of “ The Estate of Danl. P. Custis, Esq., decd.” is charged “To my Wife’s full third part of all his Personal Estate tain, however, by the entries in the children’s accounts. but the amount is not inserted. It is made cer- “ Jno. Parke Custis” and “Miss Patcy Custis” are each credited with a “third part of the Estate of Danl. Parke Custis, Esq., decd. as per settlement ”— sterling £1,617, 18s.°and cur- rency £7618, 7s. 111d. The pound in Virginia currency was worth only three and one-third Spanish dollars in sterling money, while the latter was valued at five Spanish dollars to the pound; the rate of exchange on London fixed this value. Calculating the amounts so credited them on this basis, we find that each received from the father’s estate $8,090.50 in ster- ling, and $25,396.65 in Virginia currency, the two making the total sum of $33,487.15. Mrs. Custis, the widow, was entitled to receive the same amount and it passed to Washington as her husband, under the then existing law, which made the husband and wife one, and the husband that one. The actual sum which passed into Washington’s hands as his own from the Custis’ Estate was therefore less than $33,500. In addition to this there must be considered the value of the dower right. This was one-third of the net product of the lands and slaves left by Mr. Custis, for dower must contribute to up- keep and taxes. Washington worked hard and constantly until “ Jack ” Custis was of age and later, a period of nearly twenty years, to manage the plantations and sell their corn and tobacco, while he never charged a penny for his services. When the lad came of age, an agreement was made with him in writing byOf the Widow 97 which Mrs. Washington and the General released the dower right on payment of an annual sum of £525 or $2,100 silver money Virginia currency during Mrs. Washington’s life. This was carried out. Money was then worth six per cent., so this sum would capitalize at thirty-five thousand dollars, but when Wash- ington’s services to the estate are concerned it amounts to nothing. When Patsy Custis died in 1772, her estate of thirty-three thousand dollars, inherited from her father, had increased under the thirteen years of Washington’s guardianship to about double that amount. As in the case of her brother, he made no charge for his services as guardian. Her estate was inherited by her mother and brother in equal parts. Mrs. Washington’s share of about thirty-three thousand dollars became Washington’s under the law, and thus about doubled the amount he received through her. So that in the end Washington, who began life with the estate left him by his brother Lawrence, the then twenty-seven hundred acres of Mount Vernon, can hardly be said to have been “ made ” in the financial sense by the contribution of the Custis estate to his capital, when we recall that his estate at his death was really worth more than a million. Sixty odd thousand dollars in cash capital was truly a not inconsiderable item in the young Colonel’s business of land de- velopment and farming, and he used it wisely and actively until the Revolution withdrew him for nearly twenty-five years from money-making, and also depleted his ready means. Nevertheless the twenty-seven hundred acres he inherited at Mount Vernon, the ten thousand acres on the Ohio River, which he received as commander of the Virginia troops in the French and Indian War, and the rise in value of these and the great tracts he purchased with his earnings, the earnings of his farms and the fruits of his lumbering enterprise in the Great Dismal Swamp, made him a rich man in his own right and by virtue of his own efforts. As Moncure D. Conway well said in comment- ing on the alliance with the widow of Custis, “ She was advised98 The Estate of George Washington, Deceased to get the best administrator in the colony at any reasonable salary and she got the better of a good bargain.” ° Recurring now to the situation after Washington’s death, in- ternal evidence shows that for the two years and five months that Mrs. Washington survived, Lawrence Lewis and she were the acting executors, although no express agreement to this effect is found in or out of court. It is clear, however, from the record of such action as was taken, all of which appears by Mr. Lewis’ first account as executor, that they acted alone. Mrs. Washington, being entitled to the net income of the entire estate and obliged to pay the upkeep and taxes, faced the facts with which Washington had struggled during the last ten years of his life, and the problem how to make both ends meet. Though she had determined to free them in a year, many of the Negroes began to take French leave at once or threaten things dire if not permitted, and little was done to hinder them. On March 5, 1800, eight horses, four jacks, and five jennets were sold for $1,514.83, good enough figures when we recall that it was a presidential election year and that France and England were at war, which depressed the market. October fifteenth, cows and steers were sold for $205.64, and on November 12, 1801, cows, jacks and jennets and sheep for $1,824.90. These repre- sented perhaps but little more than the annual increase during the two years, but their total of $3,540.00 helped pay debts. These sales were made chiefly to the heirs and legatees of the estate; in only a few instances were friends and neighbors per- mitted to bid or buy. This carried out Washington’s intentions as to distribution.® In Lawrence Lewis’ first account as executor we find only the following items charged against Mrs. Washington: 5 The letter from her lawyer, Robert Carter Nicholas, dated August 7, 1757, advising employment of a trusty steward at any reasonable salary, is printed in full in G. W. P. Custis’ “ Recollections and Personal Memoir of Washing- ton”, edited by B. J. Lossing, New York and Philadelphia, 1859, p. 497, note. 6 See Fairfax County Court Records. Sales bills of the Estate of George Washington.ke prawns of Gerd arnre- 7 L y Aas ro hereg lor of blow nSK rrr19 2s. Lr c) < ‘ hy eecnts & Cerevton be. Sead Prt nD 32.9 capeslr : porlly atlata pe trnwhe- orVwew 2-3 fiefr cry fhel pl . ew tae lte apn? Lelmospe < Ssagu elace os Io Lx ; ; avt4 JInfer - + erty Pe les, Sipe atl apse vlutla pray La fu . f frward DF faa offees If sf vA ne 4 are Sar FP gin nD x Ye hae 3. 0 the Corse uy iierkaee a ee hen Pay LOU Ff Cute 7 Ads mand SD) tr Drarts . hepte- 9+ Patt anF bar~-e ax - ly omy Loli err ~ 4 a a “+a > Me A Lig crave, nc ire Ban /) Io “ - 3 a. Bat x yrent a-rdeau fb / as Vi 5 eS - Po ‘ o > - ~ ve ft 4s f - ua Kwly orm Ha aye of -/ ; ae afiprs Zog«th-2 A 4 Jad of 4 bE seen as - - z f 4 a ff - o ve wu of s ane nak aie o alt fra * Le pees AL a — : x 7 eel le ‘ ek bet SLES 2 e oe eerie aki | at 4 9 2 fe a zi fr a« at Binet fo s4n~ Leg iP gr ae " me E Re r : (op ts- © t 4 - Lead oy fm, ss , «vty f e FIRST PAGE OF MARTHA WASHINGTON S WILL, WITH SIGNATUREOf the Widow 99 Jany. 21, 1800. To Cash detained by Mrs. Washington, it being in the House at the time of the General’s death $254.70 £76. 8. 21% To Cash paid Mrs. Martha Washington, interest money collected of the Potomac, she being entitled to the same £132. 10. 114 Bushrod Washington’s account shows that he did not meddle with the estate during the period of her survival. Warned by the late event and the precarious state of her own health, Mrs. Washington, on September 22, 1801, made her last will.’ In this she devised the lot at the corner of Pitt and Cameron Streets “‘ devised to me by my late Husband George Washington deceased ”, to her nephew Bartholow Dandridge, and to her four nieces a debt of two thousand pounds due her from Tobias Lear. She gave to George Washington Parke Custis all her silver plate and “ a pipe of wine if there be one in the house at the time of my death ”, sundry chinaware including the “ Cin- cinnati”’ set and all family pictures. He also received some furniture, the General’s iron chest and desk and all her books. Her granddaughters, Mrs. Law and Mrs. Peter, each received small pieces of furniture and a print of the General, while Nellie Custis Lewis received a far greater portion of the furniture at Mount Vernon. The wine in bottles was divided equally among the four grandchildren. A few personal remembrances and a bequest of one hundred pounds to Truro parish brought her to the devise of the rest and residue of her estate which she established in a trust fund “for the proper education of Bartholomew Henly and Samuel Henly, the two youngest sons of my sister Henly, and also to the education of John Dandridge, son of my deceased nephew John Dandridge” after which they were to receive one hundred pounds each “ to set him up in his trade.” Final distribution was then to be made in equal parts among “ Anna Maria Washington, daughter of my niece, and John Dan- 7 For the will in full and the history of its restoration, see Appendix I.100 The Estate of George Washington, Deceased dridge, son of my nephew, and all my great Grandchildren living.” By a codicil (March 4, 1802) she bequeathed to G. W. P. Custis “ my mulatto man Elijah.” Mrs. Washington died, after an illness of about three days, on May 22, 1802, and two days later her remains were placed beside her husband’s in the old tomb. Here both remained until 1837, when the executors had completed the present vault on the westerly side of the hill for which Mount Vernon is named and which has become the most sacred shrine in America.Chapter VIII OF THE DEBTS THERE is no method at this time by which the total of Wash- ington’s debts can be ascertained. The records are not complete and all vouchers for payments, which were probably mostly for debts, are missing. The executors paid what appear to have been debts, but as the vouchers are not to be found and the record of the executors’ accounts shows no details, they cannot be traced. They reported many items in this form: To Cash paid Bennett & Matts as per acct. £331. 13. 614 There is no explanatory text. It is impossible to tell what the account was for, whether it was for a debt of the deceased or a subsequent expense of the executors. His correspondence shows that Washington managed to keep out of debt except for current expenses until about October, 1798, fifteen months before he died. Then his building and equipment of a distillery and engaging in a plan to build two brick houses near the Capitol in Washington promised to involve him in more expense than his cash means could meet and he began to prepare to borrow money. He wrote to William Herbert, the president of the Bank of Alexandria, on October 4, 1798: Observing to you, not long since, that the want of money pre- vented my doing something (I have forgotten now what) you said, if I understood you rightly that I might be accommodated at the Bank of Alexandria. I think it not unlikely that in the course of next spring, or summer, if I undertake a measure which is in contemplation, that I shall have occasion for a larger sum than I see prospect of receiving from what is due to me. Let me ask then (if I was not mistaken in what you said) what sum you think I could obtain? —102 The Estate of George Washington, Deceased on what terms? —for what time? — and what security to be required? * Mr. Herbert’s reply was that six to ten thousand dollars prob- ably could be arranged for, on his notes at sixty days with one endorser, which he offered to be.” Washington acknowledged “ Your obliging offer” and promised to avail himself of it if circumstances should render it expedient.° The distillery was built without recourse to the bank, but in the summer of 1799 borrowing became necessary, as the payments for the Washington houses were required and on June twenty- fifth he made his first note to the Bank of Alexandria for fifteen hundred dollars.t August thirtieth he asked to renew it, which was done.® Later, it seems, another note of twelve hundred dollars was discounted there and the first was renewed again in October. Washington’s ledger “ C ”, which covered the period from 1792 to 1799, recently re-discovered, shows his debts in a few instances only. (See Addendum.) His memorandum cashbook during the last year of his life, kept in his own hand, is preserved. It shows the meticulous care with which he entered his obligations and the payments he made on account. These are examples : November 1799 26. Charge The Bank of Alexa. with the money borrowed from Mr. Law. Lewis & deposited therein & credit Mr. Lewis for the same $1000 Charge Mr. Blagden (undertaker of my Houses in the Federal City with a check on the Bank of Alexandria for $906°%00 and a Bank note of Columbia $934% 00 sent in a letter of this date to Doc. Thornton. Credit the Banks therewith $1000 1 Washington to Herbert, October 4, 1798, 1s ©: 2 Herbert to Washington, October 5, 1798, L. C. 3 Washington to Herbert, October 8, 1798, i G3 4 Herbert to Washington, June 25, 1799, L. C. 5 Washington to Herbert, August 30 and September 1, 1799, L. C. In the latter letter he said: “This business of borrowing and discount (as you will perceive) I am quite a novice in.” ;PAGES FROM WASHINGTON S CASH BOOK} i i | i } | | ee . Ea aOf the Debts 103 December 1799 3. Charge Mr. Lawe. Lewis with cash $100 and with a check on the Bk. of Alex. fr. 400 Credit the Bank therefor 400 This was the last entry and probably the last transaction showing a debt.° The mandate of the will to pay the debts punctually and speed- ily was taken literally by the executors. One of the notes at the bank came due within a week after Washington’s death and to meet it Lawrence Lewis, one of the executors, gave his own note, as William Herbert, the cashier, acknowledged in a letter of December 21, 1799, to Colonel Lear, saying: “I am favored with yours of this date, covering Mr. Lewis’ note for fifteen hundred Dollars, to redeem one of an equal amount drawn by Genl. Washington. The General had money in the Bank sufficient to pay the discount.” The redeemed note is still preserved and not long ago ap- peared at an auction sale.’ The other note of twelve hundred dollars held by the bank which matured later was paid by the executors, as appears by their account and they also took credit for five hundred dollars repaid to Lawrence Lewis due to him ‘ ‘as will appear by the Generall’s books”, as well as the payment of the note given by Mr. Lewis as above. Next in importance were the sums still unpaid on account of the contract for the Washington City houses, and it appears from the accounts that the executors paid Mr. Blagden, “ the under- taker ” at various dates, the total sum of $5925. Lawrence Lewis alone of the executors appears to have trans- acted the business of the estate during the two years and five months in which Mrs. Washington survived her husband, and his 6 Thomas Birch’s Sons, Catalogue No. 657, Item 39, p. 8 (Philadelphia, 1890). 7It reads “ Alexandria. 21st. October 1799.” $1500. Sixty days after Date I promise to pay to Wm. Herbert or order—negotiable at the Bank of Alexandria—fifteen hundred dollars. Value received for the use of. Go, WASHINGTON.”104 The Estate of George Washington, Deceased separate account shows payment of a long series of items “ on acct.” which presumably were for debts of his decedent. Their total however is not considerable. Among them is one dated “ August 16, 1800. To Cash paid Wm. T. Smith on acct. of a protested bill of General Washington £.121. 8. 1.” Some debtor to the General failed to meet his draft and the executor re- deemed it. The largest item of indebtedness which is mentioned by his executors is described in the report of Bushrod Washington to the Chancery Court of Maryland at Annapolis, wherein the execu- tor accounts for the proceeds of a sale made by the order of that court, of the farms left by Washington in Charles and Mont- gomery counties. These were sold at auction, the former to Nicholas Fitzhugh, for $2,810.50 and the latter to Thomas Peter for $6,446.37. The executor’s report proceeds: And the Trustee begs further to report that Nicholas Fitz- hugh after deducting the sum due to his wife as legatee of said George Washington, hath paid and satisfied the balance of the purchase money to the order of this trustee, who is Executor of the deceased George Washington, in part discharge of a debt due from the sd. George Washington dec. to David Stuart. And that the said Thomas Peter after deducting the sum due to his wife as legatee of the said George Washington, hath paid the balance due from him on account of the purchase of the afore- said land to the order of this trustee as executor of Geo. Wash- ington decd. to the said David Stuart. The amounts paid David Stuart are stated in the first account filed by Lawrence Lewis and Bushrod Washington in the County Court of Fairfax County, thus: 1806 March 20. To Cash paid Doctor Stuart in part of his judgment 1333.33 1809 Sept. 14. To Cash paid Thomas Peter by David Stuart’s order 1173.33 To Cash paid Nicholas Fitzhugh by do. 1954. 4460.66Of the Debts 105 It recently has appeared (see Addendum) the total amount of this debt on May 30, 1806, was £2,100, Virginia Currency, and was fixed on that day by the judgment of the Fairfax County Court in a suit brought in 1805 by David Stuart as Adminis- trator de bonis non of the Estate of John Parke Custis, deceased, against The Executors of General George Washington deceased. The amount of £2,100 was equal to $8,400 silver dollars, and with interest to the time it was fully paid by the Executors, exceeded $10,000. What the debt was that Dr. Stuart could not obtain payment for until after he had brought suit for it, no doubt with great reluctance, and had obtained the verdict of a jury and the judgment of the Court thereon, we do not know as no story of the case has been preserved in Court record or else- where. The Court record was destroyed in the Civil War both as to files and books. Bushrod Washington’s note in his diary of the estate’s business, recently recovered to public inspection, merely notes the. fact, date and amount of the judgment. The account of the Estate of John Parke Custis, deceased, on Washington’s ledger C was balanced on June 3, 1799, by a payment by Dr. Stuart and there was a year’s dower or £525 due Washington on December 31, 1799,Chapter XS OF THE GOODS AND CHATTELS Tue contents of the Mount Vernon mansion house, excepting the library and literary remains and a few personal relics, like canes, swords, etc., became the absolute property of Mrs. Wash- ington under the will. All other goods and chattels were hers to use for life and then became part of the residuary estate to be divided or sold. In addition to these, Mrs. Washington had the hundreds of letters which Washington had written to her in the forty years which had passed since he met her in the spring of 1758. It is reported that she destroyed these soon after his death,’ with the exception of two. One,” the first she received from him after their engagement, was dated June 20, 1758. This she gave to her granddaughter, Nellie Custis Lewis. The other,® written just after accepting the appointment of commander in chief on June 18, 1775, she gave to her grandson, George W: P Custis) in this letter Washington enclosed his will, which, he wrote, he be- lieved she would find satisfactory. To various individuals among her kindred and friends who sought souvenirs, she gave remembrances of the General. In her will she gave others and the remainder she directed to be sold by her executors for ready money. The sale took place July 20, 1802, her will having been probated June 21, 1802. Washington’s relatives became extensive purchasers at this sale and in this way obtained many of the relics which they afterwards possessed. When Bushrod Washington, the heir of Mount Vernon, took possession shortly after the sale, he found it stripped and dismantled of most of its furniture, the books and 1 Sparks, III, 2, note. 2 Paul Wilstach, “ Mount Vernon”, 53. 3 Sparks, III, 2. Ford, 2, 483.Of the Goods and Chattels 107 papers excepted, and by the irony of fate, the only portrait remaining in the house was that of the man who built it and bequeathed it “to my well beloved brother George” and was thereby the indirect instrument of its great fame, Lawrence Washington.* The later relatives of Washington, since 1890, have sold many of these relics at auction and in this wise some of them have found their way back to Mount Vernon through the diligence of the Ladies’ Association and the generosity of its friends.° Chief among these is the clay bust of Washington made by Houdon from the life mask he took of him in 1785 and finished at Mount Vernon in the presence of the original. It stands in the corner of the library and with its noble pose and upward look 4 Wilstach, “ Mount Vernon”, 238. 5 See: (a) Thomas Birch’s Sons, Catalogue No. 657, Philadelphia. “Sale Dec. 10, 11, and 12, 1890, of Collection of the Effects of General George Washington and of his Executor and Nephew, Lawrence Lewis, and Grand Nephew, Lorenzo Lewis, sold by order of H. L. D. Lewis, Administrator of the Estate of Mrs. Lorenzo Lewis. Conducted by Mr. Stan. V. Henkels.” This catalogue contains illustrations showing the portrait of Betty Wash- ington Lewis, mistaken by Sparks for Martha Washington—the Franklin Plaque, the Column Clock and two vases, five art candlesticks, specimens of cut glass, punch bowl and ladle and chinaware. (b) Thomas Birch’s Sons, Catalogue No. 663, Philadelphia. Sale April 21, 22, and 23, 1891, entitled, “The Final Sale of the Relics of Gen- eral Washington owned by Lawrence Washington Esq., Bushrod C. Wash- ington Esq., Thomas B. Washington Esq., and J. R. C. Lewis Esq. embracing documents, letters and maps, besides personal relics.” Among these were: The original of John Washington’s will, a certified copy of Augustine Washington’s will and of Lawrence Washington’s, as well as the copy of xeneral Washington’s will by A. Rawlins now in the Gunther Collection, and the original patent for Mount Vernon; The illustrations include John Washington’s will, the Mount Vernon patent, both complete, an early letter from George Washington to Lawrence, brief notes from Martha and Mary Washington, a survey by George Wash- ington, an interesting letter from Washington to Bushrod about the jackass “Royal Gift”, shoe buckles, violin, spy glass, picture of Louis XVI, mantel mirror, bust of Necker, picture of the Bastille, Latrobe’s water color of Mount Vernon, portrait of Washington, the sword bequeathed to Bushrod, silver and glassware; two hundred and ninety-three items of this type and thirty books were scheduled and sold. (c) Thomas Birch’s Sons, Catalogue No. 694, Philadelphia. Sale Decem- ber 6 and 7, 1892, entitled, “‘ Washington-Madison papers, collected and pre- served by James Madison, relics of Washington, oil portraits, ete., conducted Stan. V. Henkels.” The illustrations include communion chalices of Christ Church, Alexandria, Washington’s study lamp, a Washington pitcher, a cup and saucer and C. W. Peale’s portrait of Washington. (d) Anderson Galleries, Catalogue, New York. “Sale April 19, 1917, of Historical relics of George Washington, inherited and collected by Mr. William108 The Estate of George Washington, Deceased is the most inspiring representation of the “ Father of his Coun- try ” in existence to-day.° Houdon had been selected by Benjamin Franklin and Thomas Jefferson, in Paris, in behalf of the State of Virginia, to make a statue of Washington for the State Capitol. He arrived at Mount Vernon with his three assistants, by water from Alex- andria, late at night on October 2, 1785, and remained nearly three weeks, making a life mask, and modeling the bust which has remained at Mount Vernon ever since. A duplicate Houdon took with him. The complete statue was made by Houdon in Paris, when Gouverneur Morris posed for the figure, and it now stands, done in white marble, in the rotunda of the Capitol at Richmond. Recently replicas in bronze have been made, one of which was presented to the Republic of France, and stands at Versailles, and another to Great Britain, which stands in Trafalgar Square at London. Another is in the Capitol at Washington, a fourth is in the porch of the Art Institute in Chicago, and a fifth in the H. E. Huntington Library and Art Gallery at San Marino, near Pasadena, California. The remaining chattels, in and about the other buildings, in- cluding horses and cattle, were kept together, excepting such of the latter as were sold annually as farm products. The executors on March 5, 1800, on October 15, 1800, and on November 12, 1801, conducted small sales.’ These items are credited to the estate in the executor’s accounts, and reported under the head of “ Public Sales.” After the death of the widow, two large sales of chattels were held by the executors, one on July 21, 1802 (the day after the sale of the contents of Mount Vernon under Mrs. Washington’s Lanier Washington.” The illustrations include buttons, spoons, wine glasses, model of a cannon, money scales and weights, dishes, snuff boxes, shoe- buckles, sugar-tongs, hand trunk, sword-belt buckles, seal and coat of arms, candlesticks, reading glass, wheat counters, writing case, silver camp cups, cutlery, trays, from Mount Vernon, as well as many other items. Many other similar sales have been held from time to time and the items sold in the earlier sales have occasionally appeared in later sales of the effects of purchasers. 6A bronze copy was bought by the Carnegie Institute of Pittsburgh at W. Lanier Washington’s sale in 1917, for $5,000. 7 See Chapter VII.Of the Goods and Chattels 109 will), comprising the carriages, harnesses, horses, jacks, sheep and cattle, as well as the machinery, farm implements and **yecord ” house. This saddles, and the writing materials in the sale produced $8,349.25, and the members of the family were almost exclusively the purchasers. Beginning with the carriage and harness sold to George W. P. Custis for $610, everything of value in and about the offices, mansion house, farm and stables, down to a wood saw which sold for thirty cents, was offered and knocked down. The prices varied from $405 for a pair of mules to fifteen cents for a lot of old iron. The other sale was held on January 3, 1802, comprising mules, oxen, carts, fishing material, blacksmith’s tools, farming imple- ments, grindstones, etc., of the outlying farms, and produced $8,312.27. At this sale a number of outsiders were permitted to buy some of the “ junk ”, but the valuable items went to members of the family. The following is a summary of these sales: March 5, 1800 $1,514.83 October 15, 1800 205.64 November 12, 1801 1,824.90 July 21, 1802 8,349.25 January 3, 1803 8,312.27 $20,206.89 Of this amount $17,802.02 was realized for live stock, which “My manager has estimated at £7,000 [Virginia currency, at $3.33 = $23,333.33] but I shall set it down. . . $15,653”, Washington had said in his schedule. The account of * Public Sales made by the Executors of Gen- eral George Washington, deceased, of his Estate ” is recorded in Liber J., No. 1, at folio 359, in the Will books of Fairfax County and though not signed by the executors, it bears this appended: “ At a Court held for Fairfax County the 15th day of July, 1811, This Account Sales of the Estate of George Washington110 The Estate of George Washington, Deceased deceased returned and ordered to be recorded. ‘Teste Wm. Moss Cl.” These sales had been conducted in an exclusive fashion in com- pliance with a suggestion of Mr. Justice Bushrod Washington, as a method of satisfactorily dividing the estate among the persons designated in the will as the beneficiaries of the residuary estate. He proposed that at such sales the parties interested should bid against each other, their purchases being charged on the books of the executors against the beneficiaries’ respective shares of the estate on final distribution, the difference, if any, to be paid by the heir or the executors in cash. This plan he proposed first to all the executors, except young Custis, early in June, 1802, and it was agreed to by all. Then it was proposed to a meeting of the heirs and they accepted it in writing so far as they were of age, and the minors were pledged to it in honor by their kindred and guardians, on July 19, 1802, as the agreement shows. Alexandria July 19th 1802.° At a meeting of the legatees under the will of the late General George Washington, deceased, requested by the executors, with a view to consult them upon certain questions, arising under the said will. 1. It was agreed unanimously that the opinion of the majority of the legatees present, upon any question submitted to them should govern the whole; those acting in the capacity of guardians consenting to the rule so far only as they are author- ized by the law to bind their wards, but they deem their wards in honor bound to conform thereto. 2. It was agreed unanimously by the legatees present; that they will not contest the validity of the said will as to property situated out of this state, though the same should be not avail- able by the laws of such States; and that the said will shall be executed according to the tenor thereof. Those acting as guardians consent to this agreement only so far as by law they are authorized to bind their wards, but they deem their wards in honor bound to conform thereto. 8In the files of Lawrence A. Washington vs. Bushrod Washington and Lawrence Lewis. (The friendly suit.) See Chapter XXVIII.Of the Goods and Chattels 111 3. Agreed that the carriages, horses, mules, cattle, sheep, hogs, together with all the personal Estate, except the stock of the United States, the Potomac and James River shares and the bank stock, be sold by the Executors. 4. Agreed that the lands on the Great and Little Kenhawa [ste] and on the Ohio, be divided, and the residue of the lands be sold by the executors. The lands in the Northwest Territory and in Kentucky, are included in those which are to be sold. 5. Agreed that the stock of the United States, the bank stock, Potomac and James River shares, be divided, except one share in the Potomac Company, which is to be sold. Bushrod Washington Andrew Parkes Wm. Augustine Washington Fielding Lewis George Washington Law. Lewis Howell Lewis Thos. Lee Jr. for Samuel Washington William Robinson the children of Thomas Hammond Francis H. Peyton Corbin Washington N, Fitzhugh Robert Lewis deceased Law. A. Washington Charles Carter A. Spotswood Tobias Lear B. Ashton Thomas Law Law. Washington Jr. for the children of Thornt. Washington B. Ashton Jr. We agree to the sale of the James River shares and the nine shares of the Columbia Bank stock. B. Washington B. Ashton Howell Lewis Charles Carter William Robinson Law. A. Washington Wm. A. Washington Law. Washington Jr. Fielding Lewis Thos. Lee Jr. for for the children Tobias Lear the children of of Thornt. George Washington Corbin Washington Washington, N. Fitzhugh Francis H. Peyton B. Ashton Jr. Andrew Parks Robert Lewis Samuel Washington The result was a fairly equitable and wholly satisfactory dis- tribution of the goods and chattels, just as Washington had intended.} 1 Hi ) ' i i : | i } | } } i ; if \ ry i eg Chapter X OF THE CASH, RIGHTS AND CREDITS Tuer cash in the house when Washington died, as found in the iron chest, was the sum of $254.70, which Lawrence Lewis’ first account as executor says was retained by Mrs. Washington and was charged to her. Lewis then proceeded to sell the grain, fish, flour and other produce on hand, to collect the debts due the estate, and to cash in the securities of the United States which it owned. He first received from George Gilpin £163. 9. 6. (Virginia currency) or about $550 in payment of his note, not mentioned in the schedule. Washington, in the schedule attached to his will, specified : United States 6 per cents $3,746 do. deferred $1,873 \. 3 pr. cts. 2,946 J 2,500 $6,246. | (x) and added this note: (x) These are the sums which are actually funded and though no more in the aggregate than $7,566 stand me at least Ten Thousand pounds in Virginia money, being the amount of bonded and other debts due to me, and discharged during the war, when money had depreciated in that ratio and was so settled by public authority. In other words Washington loaned the United States over thirty-three thousand dollars during the war and received less than seventy-six hundred dollars for it. It appears that on August 4, 1800, Lawrence Lewis, as executor, received from the Potomac Company for the six per cent. United States stock lent it by Washington when it was in worse case than he, in 1799, £1,110. 6. 214, which in Virginia currency equaled $3,700,’ and 1 See his first account, Fairfax County Court.Of the Cash, Rights and Credits 113 that he and Bushrod Washington on July 20, 1802, received for United States stock $3,750.19 and for interest on same $258.06.’ The total thus realized was $7,450 besides interest. On this subject Bushrod Washington wrote to his co-executor, Colonel William A. Washington, at Haywood, Westmoreland County, Virginia, as follows: Mount Vernon Dec. 5, 1802 My dear Sir: Mr. Stith delivered me your letter of the 28th Novr. on the race field at Washington, after which I did not see him, but have been expecting him here for two days. At the time I rec’d the letter, Mr. George Washington who had gone to Baltimore to dispose of the stock had not returned. He came the next day — having effected a sale upon as good terms as could be expected, and I expect him here today — or tomorrow with the money. If he does not disappoint me & Mr. Stith should also come, I will pay him your proportion. It will fall however short of your expectations, as more than half of the United States stock has been applied by Mr. Lewis some time ago in discharge of debts due from the estate.° At various times in 1800 and 1801, Lawrence Lewis also col- lected $9,200 on account of the bonds of Colonel Ritchie and Colonel Shreve, of Pennsylvania, through the efforts of James Ross, Senator from Pennsylvania, Washington’s attorney in fact and agent to collect these debts. In this wise and with the addi- tion of some petty items, the total sum of £5,308. 9. 414, or $17,694.88 was got together by him. Bushrod Washington, according to his first account (for the years 1802 to 1811 inclusive recorded in Liber No. 1 on page 573, approved June 15, 1811), received on account of t Ritchie and Shreve bonds $2,169.27 Tobias Lear’s debt 2,835.77 John Thompson Mason 364.78 Col. Charles Sims, on account of bonds put into his hands for collection 216.66 a total of $5,586.48 2See their joint account, Fairfax County Court. 3 J. M. Toner Mss., Library of Congress.114 The Estate of George Washington, Deceased Adding this sum to the $17,694.88 collected by Lewis, and $250 from James Ross, and $500 from Tobias Lear, subse- quently reported by Bushrod Washington, we have a total of $24,131.36, collected by the executors from debts due the estate at the time of Washington’s death. His own debts were about the same sum. The debts due him were not particularly described by Wash- ington in his schedule, but in so far as they resulted from lands sold by him before the date of his will, they were indicated by his references to the sales of some of the lands he mentioned. Thus he noted the sale of the Pennsylvania and Gloucester County tracts, and his share in the Great Dismal Swamp. Like- wise the lease and conditional sale of the Great Kanawha lands, embracing twenty-three thousand acres, on the basis of two hun- dred thousand dollars, and the same of the lands on Difficult Run in London County. These debts due to him (see page 15 of the will) were outstanding when he died and collectible by his execu- tors as personal estate. The particulars so far as can be gath- ered from various sources are these: I. THE PENNSYLVANIA SALE Washington found during the presidency, when prices rose in consequence of the great speculation which resulted from Alex- ander Hamilton’s successful establishment of the credit and finan- cial security of the United States in 1792, that his salary of twenty-five thousand a year was insufficient to cover his expenses. Living in Philadelphia, entertaining the world which flocked there from all Europe and America, exhausted not only his salary, but whatever surplus resulted from his costly establish- ment at Mount Vernon, managed by a superintendent. Wash- ington never saw his salary. His secretary, Tobias Lear, received it and disbursed it and Washington made good the deficiency from his other resources, chiefly from the sales of land. Lands, especially in the West, were rapidly rising in price, and his great holdings in Pennsylvania and western Virginia wereOf the Cash, Rights and Credits 115 doubling and trebling in value. Where he at one time expected to receive two dollars an acre, six seemed fair money now, and what he had once asked six for, now was sought at ten and twelve. He therefore sold to Colonel Israel Shreve, of Uniontown, Pennsylvania, forty-six hundred acres in what now are Fayette, Westmoreland and Washington counties in that State, for thirty thousand one hundred and eighty-four dollars, and received a part payment in cash. The remainder was secured by judgment bonds or notes, while the title to the lands remained in Wash- ington’s hands as security until the bonds should be paid. They were not paid at maturity and Washington put them into the hands of Senator James Ross of Pennsylvania for collection. Washington’s Ledger ‘“‘C” (see Addendum) shows the exact amount he received in his lifetime on these sales. It was $20,465. He repeatedly wrote that this sum kept him “ afloat ”, and his last years were largely devoted to getting the remainder paid. Colonel Shreve died without paying in full, after having sold part of the lands at great profit in parcels of one and two hundred acres to farmers, and part to Colonel Ritchie. Washington’s method was indicated in the following cor- respondence: Mount Vernon 7 June 1797. To Hon. Oliver Wolcott, Secretary of War. Dear Sir, Your favor of 31st ulto. enclosing draughts on the Collector of the Port of Alexandria for three thousand, four hundred & sixty-nine Dollars & 20 Cents came to hand by the Post of Monday; and for so convenient & agreeable an accommodation for the money received by you from Mr. Ross on my account I pray you to accept my best thanks. Enclosed is a receipt for the above sum with a certificate of its endorsation on the bond of Mr. Wm. Ritchie Esq. to be delivered to Mr. Ross; to whom I pray you to present my best respects & thanks for his agency in the business. I must moreover ask the favor of Mr. Ross (if there be no deposit in the Bank of Pennsylvania previous his leaving the City) to inform Colo. Shreve in decistve terms that I cannot submit to his trifling conduct. He has sold part of the land for nearly the double of what he was to give me, and yet instead of paying me according to the enstallments he sends the116 The Estate of George Washington, Deceased money (always short) by such driblets and in such a manner as to be of no real use to me. —I shall be obliged contrary to my wishes to put his Judgment Bond in suit to obtain justice. — and this, the bond I mean, would transfer to Mr. Ross before the close of the Session if he should advise the measure. Remember us in the kindest manner to Mrs. Wolcott & be assured always of the esteem & affectionate regard of &c Go. WASHINGTON. To Israel Shreve: M. V. Ist Oct. 1798. Sir: I have waited four months to see if in that time you would discharge the installment of your Judgment Bond due the Ist of June last, and am determined to wait no longer than the pro- ceedings in a regular course will compel me to do, for which reason I give you notice that by this day’s Post I have requested Mr. Ross to obtain from the Bank of Pennsylvania (where it was deposited for collection) your Judgment Bond and put it in suit without further delay. I think myself extremely ill used by your conduct in this busi- ness. You know that it was in order to raise money that I sold the land. You have sold a part at nearly the double of what you were to have given me, and yet I have been trifled by you more than by any person I have had to deal with. My own want of money to fulfill engagements is such that I inform you before hand that any application for further indul- gence will be unavailing and need not be attempted — and further that thenceforward if the installments be not paid at the time they become due, the bond will be enforced without any questions being asked. I am Sir; Yours Go. WASHINGTON. The lands in the present Fayette County did not exceed sixteen hundred acres, perhaps. They included the famous mill on Wash- ington Creek, the present city of Perryopolis, and the great plant and holdings of The Washington Coal and Coke Company near there. The latter alone holds twelve hundred acres. The Wash- ington mill is about a quarter of a mile below the center of the city of Perryopolis, called Washington Square. It is on the west bank of Washington Run, which empties into the Yank River at LaytonOf the Cash, Rights and Credits 117 Street. There is a dam at the mill and some power which is occasionally used still to grind a little feed. The mill building, erected in 1776, is in bad repair and rapidly falling to pieces. The wooden overshot wheel is driven by a stream from a runway on the hillside and wastes by a cut into the stream next to a little bridge below. The present owner is O. P. Smith, a farmer, who owns about twenty-five or thirty acres and the mill, lives in the stone miller’s house and cultivates the land. From Cemetery Hill, just above Perryopolis, a fine view of the “Washington bottoms ” is obtainable. There are three of these, each about five hundred acres, running southward along Wash- ington Run a distance of two miles. Most of the land is now owned by The Washington Coal and Coke Company.‘ Its ex- tensive mines, coke ovens, offices, town site, dwellings and other buildings cover the landscape and employ and house three thou- sand persons and more. ‘The twelve hundred acres it owns Washington sold at ten dollars an acre. These are now valued at twenty to twenty-five million dollars without the improvements, if the neighbors can be trusted to be good judges. Washington’s lands in Westmoreland and Washington coun- ties are the remainder of the five thousand acres. The records of Fayette County, of which Uniontown is the seat, contain ample proofs of what was done there to make title to these lands after they were paid for to Washington’s execu- tors. The executors never probated the will in Pennsylvania. It gave them no express authority to convey the lands solds to Shreve. Only the two hundred and odd acres at Great Meadows were included in their express power of sale and this only if not partitioned among the devisees. The Pennsylvania laws would have allowed Washington’s will to be probated, for that enlightened Province as early as 1705 enacted a law admitting to record and full faith and credit there The Company has issued some “literature” in the shape of pictured calendars and historical pamphlets telling the story. Until 1897 the log cabin in which Washington stayed when he last visited the place, in 1784, was still in existence. It has now disappeared. It stood on the hill just above Vic- toria, one of the coke villages. Coal and Coke, a trade magazine, under date of October 8, 1897, contains a lengthy article on the subject.118 The Estate of George Washington, Deceased a will duly proved and admitted to record elsewhere, “a copy of such will, with the probate thereof annexed or endorsed, being transmitted hither, under the public or common seal of the courts or officers where the same shall be taken or granted.” ° Washington’s will might have been proved also as an original instrument in Pennsylvania, for its law was similar to that of Virginia, in that it required no witnesses on the paper, but only two or more to prove the genuineness of the signature.° The Honorable James Ross, after he collected the remainder due the estate on Colonel Shreve’s bonds, brought a suit against the executors and devisees of Washington in Fayette County and by a decree was appointed Court Commissioner to convey the title of George Washington deceased in part to the purchasers from Colonel Shreve and to the Shreve heirs of the remainder of the lands. This he accordingly did and there are of record the following deeds: George Washington | Agreement for 1,644 acres in Wash- to rington Run, recorded June 7, 1802, in Israel Shreve } Book D, at page 349. Samuel Washington George S. Washington and Lawrence Lewis, as Letter of Attorney dated Sept. 4, Executors of George 1801, recorded June 17, 1802, in Washington deceased Book D, at page 350. to James Ross George S. Washington Samuel Washington and Lawrence Lewis, being George Washington’s Executors, by James Ross, their attorney to The heirs of Israel Shreve and John Balderson Gray J 5 Smith’s “ Laws of Pennsylvania”, Vol. I, p. 33. 6“ Laws of Pennsylvania”, Annotated, § 2564. Pepper and Lewis’ Digest, 2d Ed., 1910. Deed dated August 1, 1802, recorded -August 3, 1801, in Book H, page 220 Conveys the entire tract.Of the Cash, Rights and Credits 119 Three deeds by the above executors by James Ross, their attorney, all to Joseph Sayre, all dated June 30, 1802, and re- corded July 9, 1802, in Book E, page 72, conveying 171 acres each. Three deeds from the same to Isaac Sparks, of like dates, in Book E, at page 74, for 180 acres, each, in Franklin Township. Three deeds from the same to Samuel Ruel Sayre, same dates, for 201 acres each, in Book E, at page 73. II. THE WELCH LEASE AND SALE In December, 1797, and January, 1798, Washington “ made a deal” with one James Welch, the negotiations for which were begun and conducted to a finish like an ambassadorial treaty. Washington was busy when Welch, a backwoods trader, first appeared and Mr. Anderson, the superintendent of Mount Ver- non, received him. He brought a letter of introduction from General Daniel Morgan, Washington’s famous scouting leader and Virginia ranger, now a resident of Morgantown and later > of Burr’s treason. the “ discoverer ’ Welch wanted to purchase Washington’s lands on the western waters of Virginia, more or less. That is, he had no money, but offered promises, backed by immigration schemes, and some one hundred thousand acres of other wild lands he claimed to own in Roanoke County, Virginia, which he would pledge as collateral security. Washington liked not the man nor his ambitious projects. The fellow was somewhat illiterate, indirect and suspiciously dis- posed to sharp trading. Morgan’s letter of introduction was cautious. Doctor Craik, Washington’s intimate friend and physician, wrote in response to his inquiry, “ He is anxious to get hold of your lands and mine. Extreme caution is to be necessary.” Yet the additional security offered was a temptation to make the trade, and finally, after an interchange of several letters and a couple of interviews, Washington instructed his friend, James Keith, Esquire, attorney at law for The Potomac Company and120 The Estate of George Washington, Deceased a director therein, by a letter dated December 10, 1797,’ that he had agreed to lease James Welch twenty-three thousand acres, being his lands on the Great Kanawha River extending from the mouth at Point Pleasant about forty-eight miles upstream and constituting nearly half of the bottom lands for that distance. The lease was to be for one hundred and twenty-nine years on the basis of six per cent. per annum, on the sum of two hundred thousand dollars, payable annually, on January 1, 1799, and thereafter. It was to be coupled with an option on the part of Welch to purchase the entire tract at two hundred thousand dollars. The transaction was the largest Washington ever was party to on his own account, and the correspondence of its making and subsequent progress has been preserved. It is to be found in Appendix IV. Washington received not a dollar from Welch. The lease to Welch and the trust deed which Welch gave him appeared in public in Catalogue Number 657 of Thomas Birch’s Sons as Number 69, and copies of both, in Washington’s hand- writing, were Numbers 70 and 71 in the same catalogue. The former were sold as one lot to Mr. Byron Reed of Denver, for $32.50; Number 70 to the late Chief Justice James I. Mitchell of Pennsylvania for $90, and Number 71 to Joseph F. Sabin of New York, a dealer in manuscripts.* Neither the originals nor copies have been obtainable by the writer. Where the originals were recorded, if anywhere, is not known. Neither in Fairfax nor Roanoke County is there any trace of them, though there is record in the latter that Welch had large land holdings there. The records of the General Court at Richmond, where they might have been enrolled, were destroyed in the Civil War. The executors collected nothing from Welch, brought no suit against him and, in their accounts and in the friendly suit to settle these, never mentioned his name or his lease. It is to be presumed that Welch failed to make good utterly 7 See Appendix IV. 8See p. 107 for a note of the catalogue.Of the Cash, Rights and Credits 121 and that because of the rising value of the lands which the devisees were anxious to possess, he was released and his security returned to him. The lands, as Washington left them, were par- titioned among his devisees in twenty-three parts as his will pro- vided, and as we shall fully see in a later chapter. This account of the transaction and the Appendix IV, which contains the evidence of it, is the first attempt made to tell the story of Washington’s largest real estate operation. III. THE BALL SALE Washington sold to George Ball,’ his lands in Gloucester County, on April 10, 1797, and a balance of thirty-six hundred dollars remained due. The tract consisted of four hundred acres on the North River near Gloucester, Va. He tells of the sale in a letter. To John Page: Mount Vernon, 17th, Mar., 1799. Dear Sir, In April, after I quit the Walks of Public Life (1797) I agreed with one George Ball for the Land I held in Gloucester County; on account of which, he made me a small payment of £200, or thereabouts; was to have paid three hundred more the April following; and the bale. in two annual installments there- after.— Since which I have never seen Mr. Ball, nor have heard from him on this subject.— And what is still more extraordinary, I do not know whether he removed to the Land, or where he now lives; consequently, do not know with certainty at what place to direct to him.— 9 At Birch’s Sons’ Sale in December, 1890 (see p. 107), there was offered “ Autograph of Genl. Geo. Washington’s for the sale of certain lands to Geo. Ball dated April 10, 1797, 4° 2 pages. The whole of this contract is in the hand writing of Genl. Geo. Washington and is signed twice by him, three times by Geo. Ball and once By Wm. Wirt.” It was sold for $30 to the Mount Vernon Ladies’ Association, and an “ Autograph Receipt of Genl. Geo. Washington to Geo. Ball and a memorandum of the terms on which he sold him [Geo. Ball] Land in Gloucester County, Va., dated April 10, 1797, 4° 2 pages. All in the hand writing of Genl. Geo. Washington. Signed twice by him and twice by Geo. Ball”, was sold for $30 to Joseph F. Sabin of New York.122 The Estate of George Washington, Deceased This, my good Sir, must be my apology for giving you the trouble of the enclosed; in order, if he lives in Gloucester (on the land) that it may be forwarded to him; — if not, to be re- turned to — Dr. Sir Your Most Obedt. Hble. Servant, Go. WasHINGTON.” The reply from Page states that Ball is a young lawyer, living on the land, and that the letter has been delivered to him. But the executors do not report that anything was ever col- lected from him. He was an obstreperous chap and in the nego- tiations with Washington had threatened a law suit unless a proposal which he had misconstrued was carried out as he wished. Washington set him down and right in vigorous fashion and then proceeded to tell him the terms on which he would sell a little more definitely than the first time, but not for less money, and Mr. Ball accepted them.” What the executors did to him is not disclosed by any cor- respondence, record or account I have been able to find. But in their first account Bushrod Washington and Lawrence Lewis charge themselves as follows: 1805. By amount of the purchase of Gloucester lands by Burwell Bassett for George A. Washington’s children — $3,836.56 which is just about the amount of the debt and interest due from George Ball. This sale or transfer was part of the partition among the devisees and represented no investment of money. Burwell Bas- sett took the title in trust for and on account of the legacy to them, until young George’s children should become of age and confirm the transaction made for them by their guardian and to which he had pledged them as in honor bound. 10L. C., W. Mss. 11 Library of Congress. Letter book 15, pp. 113 and 138. W. Mss.Of the Cash, Rights and Credits 123 IV. THE McCLEAN * SALE There was an unsettled trade with Archibald McClean, by which Washington had given him the tract known as the Round Bottom, on the Ohio River, fourteen miles below Wheeling, sup- posed to contain 587 acres, figured at ten dollars per acre, in exchange, in part, for a brick house and lot in Alexandria. The latter was not yet clear of some lien on or defect in the title, so McClean could not convey it or give possession, and it was agreed that when he could, it should be appraised by three arbi- trators, and Washington would accept it at the price fixed, as payment on account. The transaction was expressed in an agreement dated August 6, 1798, the purchase money, $5,870, was payable in annual installments and bore six per cent. interest per annum, payable annually. McClean took possession of the land about the time Washing- ton died or shortly thereafter, and found there were over twelve hundred acres in the bottom. He had a bitter litigation on his hands at once with adverse claimants, which lasted many years. The executors finally received a conveyance of the house and lot in Alexandria from McClean and held it as late as 1825, but no money ever came from him. The story is entitled to a separate chapter.*® V. THE HENRY LEE SALE To General Henry Lee, Washington, by written agreement in November, 1796, sold his interest in the Dismal Swamp Com- pany and received from him some part payment and the promise of twenty thousand dollars more in money, payable in three equal annual installments with six per cent. interest. Washington re- tained the title to the Dismal Swamp stock and land as security. This was a share of over ten per cent. in forty thousand acres of land in Nansemond County. It had originally been but eight and one third per cent., but had been increased by the reduction 12 Also spelled McLain. 13 See Chapter X XVII.124 The Estate of George Washington, Deceased of the number of shares, some being bought in by the company from its earnings. Only eight and one fourth shares were out- standing at Washington’s death and of these he owned one. “ Light Horse Harry ” Lee was a bold speculator and Wash- ington was his friend and hearty well-wisher. The good times in which he made the purchase did not last long and while he struggled hard and felt grieved about his failure to keep his promises to his dear Chief, yet the latter went to his grave with- out having received the much-needed money. Times did not im- prove. The executors were patient. What became of it all is, perhaps, an interesting chapter and is told later on.** VI. THE SHEPPARDS SALE There was also due to Washington for the land, about three hundred acres, at Difficult Run, near Difficult Bridge, on the Leesburg Pike, in Virginia, which he had sold, the sum of $6,666.66, being the remainder of the purchase price of ten thousand dollars. This land was quite valuable by reason of its nearness to the great works of the Potomac Company at Potomac Falls, and the town of Matilda, which had sprung up there. The purchaser, William Sheppards, made his first payment of $2,222.22 to the executors at a date not stated in their account, and on July 20, 1802, he made one of $1,360, on account of the second $2,222.22. It was not until September 12, 1811, that E. J. Lee paid “ the balance due by Sheppards for the Difficult Run lands ”, as Lawrence Lewis reports, in the sum of $4,791, which is just about the amount of $862.22, due on the second payment, added to $2,222.22 the final payment, plus simple in- terest at six per cent. for nine years. There was no interest accounted for prior to Mrs. Washing- ton’s death in 1802; and it was probably paid to her directly or to the estate in Tobias Lear’s account of his collections which are credited in the executor’s account in lump sums, of $2,609.86 and $226.61, on July 20, 1802. 14 See Chapter XXIV, “Of the Dismal Swamp Company.”Of the Cash, Rights and Credits 125 VII. THE POTOMAC COMPANY STOCK The next item was the twenty-four shares in the Potomac Company, valued at $10,666, which Washington had advised his legatees to divide and hold for the future rise in values which he confidently predicted. Twenty-three of the twenty-four shares were partitioned among the groups and individuals named as distributees in his will. The subsequent fate of the company we shall learn in a later chapter. The twenty-fourth share was retained by the executors as an investment, until it became prac- tically valueless, after many years.° VIII. THE JAMES RIVER COMPANY STOCK The James River Company stock, being five shares, which Washington stated cost him one hundred dollars each, had really cost him two hundred dollars each, or the total sum of three hun- dred pounds, Virginia currency, equal to one thousand dollars, as appears by the account on page 354 of his Ledger “ B” in the Library of Congress. His note on these had been: “It is sup- posed that the shares in the James River Company must also be productive.— But of this I can give no decided opinion for want of more accurate information.” In the letter of Bushrod Washington above quoted he wrote,” “The James River shares are not sold but may be disposed of at par at any time in Richmond & we shall do it immediately.” The shares were not so sold, however, but at auction by the execu- tors, when the legatees were the bidders and Lawrence A. Wash- ington secured them on separate bids of $274, $276.25, $279.75, $280 and $281, respectively, for the total sum of $1,391.50, or $391.50 more than their original cost. 15 See Chapter XXIII. 16 Page 113.Chapter xi OF THE BANK STOCKS Turse were Washington’s favorite investments when he began to sell his vacant lands and he directed his executors to make similar ones of the proceeds of his estate if sold during Mrs. Washington’s lifetime. He did not invest in the Bank of the United States because he was President at the time it was organized and had signed the pill creating it, but he had been greatly elated and impressed by the subscription rush which had taken the entire sum of its capital stock in a few hours when offered to the public.* Washington as long ago as 1759, when he married Mrs. Custis, had become interested in bank stocks, because it so hap- pened that part of the estate of Daniel Parke Custis, her de- ceased husband, was a block of shares in the Bank of England of the par value of £1,650. The history of this stock is of vital importance not only in connection with the above provision of Washington’s will but also in its effect on the politics and welfare of the United States. This will excuse, I hope, the repetition here of part of the story of that investment told in full elsewhere with the details of its discovery in the dark days of the World War.’ It seems that Colonel John Custis, born Virginian, was an ad- venturer in England and on the continent during much of his time, and became a stockholder of the Bank of England for £1,650, which at his death in 1750 passed under his will to his 1 Sparks, XII, 18. Ford, 12, 77, 78. Washington’s speech to Congress, October 25, 1791. “The rapid subscriptions to the Bank of the United States which completed the sum allowed to be subscribed in a single day, is among the striking and pleasing evidences which present themselves, not only of confidence in the government, but of resource in the community.” 25. E. Prussing, “George Washington, Captain of Industry ”, Scribner's Magazine, November, 1921, Vol. LXX, p. 549. Also E. E. Prussing, “ George Washington in Love and Otherwise ”, Chapter V (Chicago, 1925).fees ee Poy. Jl’ 7 fe 444 } “lst — Le P at 2D iztoenb= Ae tk. orefiud th | Yen. Ue hae JanA tach . ne in Y he. bane Se "aa bed wees “ (ied tee ee the. anh Glanart - tor” N59 Le Bs 3 Le pe SoA If" or Ay (ZA Go Aff tn GIO /L a F ah i hi arha J A if tgs. S Like fe om Z g a/ Af bh» ape fad bed Sec — { o 13x - 9/3— Sy. . ee / } or doe Siu J, e foe jf we BANK OF ENGLAND DIVIDEND ORDER, SIGNED BY WASHINGTON AND WIFE IN 1759Of the Bank Stocks 127 son, Daniel Parke Custis. The latter went to England and there proved his claim to the shares by a duly certified copy of his father’s will and obtained administration thereon at Doctors Commons from the Archbishop of Canterbury. In 1756 Daniel died in Virginia and as he left no will, his widow Martha and his two children, John Parke and Martha Parke Custis, became the owners of the stock until the estate was divided in 1762, when all the stock was allotted to the daughter. At her death in 1773 one half of the shares fell to her mother and, according to law, became the property of Washington; the other half became the property of her brother, John Parke Custis. Washington arranged to have the stock sold when the boy should arrive at age in 1774. To this end legal proceed- ings were begun in London in the court of the Archbishop of Canterbury, letters of administration were granted to Mrs. Washington and General Washington with Peyton Randolph, the first president of the Continental Congress, and Robert Carter Nicholas, the famous lawyer, who was attorney for the Custis estate, signing her bond as sureties. In one of his letters to his manager, Lund Washington, in 1775 from Cambridge, Washington wrote that he intended in his settlement with “ Jack ” Custis to take over the boy’s share of the bank stock and give him well-secured bonds and mortgages for the value of it. And he so directed Lund Washington to state the account with the lad who came into his estate while his guardian was investing Boston. He asked his friend and neigh- bor, George Mason of Virginia, to audit and settle the account with his ward This arrangement put upon Washington the loss of the stock which might result from his participation in the Revolution and saved the boy from that danger. It being impossible to carry out the sale of the stock in England for which proceedings had been begun, Washington promptly took upon himself what he supposed would be the consequence when he ‘ * pledged his estate, his life, and his sacred honor ” to the cause of the colonies. But it turned out otherwise. Perhaps because he was not an128 The Estate of George Washington, Deceased alien enemy, only a rebel, his case was postponed until the rebel- lion should be crushed. He happened also to owe his London agents, Robert Cary and Company, to whom Wakelin Welch seems to have succeeded during or just after the Revolutionary War, about fourteen hundred pounds sterling for advances made to him with which to buy lands in the West. Perhaps they held the bank stock or a lien on it during the war. They certainly collected the dividends on it regularly, and credited these to his account while charging against it the interest on his debt. They made no effort to force the sale of the stock or to em- barrass him about the principal of their claim. They were im- porters from and exporters to the ,colonies, and sympathized heartily with the colonists. Their correspondence shows that they were great admirers of Washington, and it was promptly resumed at the close of the war. After an exchange of cour- tesies and accounts, Washington wrote this letter to Wakelin Welch: Mount Vernon, July, 1786 Sir, I have received the paper-hangings and watch by Captain Andrews. With the last Mrs. Washington is well pleased, and I thank you in her name for your attention to the making of it. If the stocks keep up, and there is not a moral certainty of their rising higher in a short time, it is my wish and desire, that my interest in the Bank may be immediately sold, and the money arising therefrom made subject to my drafts in your hands, some of which, at sixty days’ sight, may soon follow this letter. The footing on which you have placed the interest of my debt to you is all I require. To stand on equal ground with others, who owe money to the merchants in England, and who were not so prompt in their payment of the principal as I have been, is all I aim at. Whatever the two countries may finally decide with re- spect to interest, or whatever general agreement or compromise may be come to between British creditors and American debtors, I am willing to abide by: nor should I again have touched upon this subject in this letter, had you not introduced a case, which, in my opinion, has no similitude with the point in question. You say I have received interest at the Bank for the money which was there. Granted: but, besides remarking that only part ofure TA ae BO of h fm f as 3 Fe ee C7 2nd | JO: thas ky Ce MG Lt ‘Jaret aria ee WPOS AT ad Bs ee be HE: Ee ya “SharcazlirBe. Lee“ ee) af” Mikes We ore a a : Cc earn t/t 97 all’ ee. hie ee Oe iw Soe Serre batbrte Be Lo G7 ZG ee. lilies) CHO Pel: LG Lita , A eA Bs 2k « L494 ee ae “4 ete a LE, oe ieee crv astgs Dd ee Sf Bee fee BE A ig pe. ee SLED Marea! JAE (La? Se Es S Te Le SLED lt £. “~eHL Lt Ceverrs. MEE Pr A uthtn Cheat LEI arr LD) SS ha GEELD foe FON e Cord - beens Dire Le EL and er aiary « aca 7 en ae 1 ee ff ieee ES Pa. awJaot~ecasX , 3 Lhe Sa Lae Li a band = Lflorry <; Y- Lose fe io eta £9. oe ee L664, o. Zz aie Se A Le plese ee ‘ wi Klelori 2271t at, e L WIL GE his SEG Gz Gottife fF ea ba it Sige eho aS Sy AS ; Be ie See a : o pase | BANK OF ENGLAND STOCK LEDGER PAGI WASHINGTON S SHARES CONCERNINGOf the Bank Stocks 129 this money was mine, permit me to ask if Great Britain was not enabled, by means of the Bank, to continue the war with this country? Whether this war did not deprive us of the means of paying our debts? And whether the interest I received from this source did or could bear any proportion to the losses sustained by having my grain, my tobacco, and every article of produce rendered unsalable and left to perish on my hands? However, I again repeat, that I ask no discrimination of you in my favor; for, had there been no stipulation by treaty to secure debts, nay more, had there even been an exemption by the legislative authority or practice of this country against it, I would, from conviction of the propriety and justice of the measure, have dis- charged my original debt to you. But from the moment our ports were shut, and our markets were stopped by the hostile fleets and armies of Great Britain, till the first were opened and the others revived, I should, for the reasons I have (though very cursorily) assigned, have thought the interest during that epoch stood upon a very different foot- ing. I am, Sir, etc. Go. WASHINGTON. Mr. Welch sold enough of the stock, one thousand one hundred and sixty-three pounds nineteen shillings and two pence, at the price of one hundred and forty-three per cent. of par, to pay Washington’s debt to him with interest. Later he sold for Washington’s account the remaining five hundred pounds at a good figure and accounted for both the transactions as appears by Washington’s ledger. This ended Washington’s experience with the Bank of England. His experience in the Revolution with paper money and public credit depreciated to the lowest point, his inability to borrow or collect when he began to restore his dilapidated estates and buildings from 1784 to 1789, when he was slave and land poor, had told him the value of banking establishments. He was applied to, as in former times, for loans by friends and kindred. He frankly replied that not only could he not loan them money but he would be glad if they could tell him where he could borrow even a few hundred pounds on the amplest se- curity.130 The Estate of George Washington, Deceased Politically the country seemed to be going from bad to worse. The Continental Congress under the Articles of Confederation was impotent, while the several States in their imagined inde- pendence and sovereignty were unwilling to apply the necessary remedy, namely, a grant to Congress of sufficient powers of taxa- tion and regulation. Soon the critical period in the affairs of the nation arrived and prudent, far-seeing men felt that the choice lay only between a stronger central government and im- mediate anarchy. The struggle lasted nearly six years. Finally the Constitution was achieved and Washington became President of the United States of America. Facing an empty treasury, with a worthless currency, a total lack of national credit, a war debt of seventy-five million dollars, and with no financial machinery whatever, Washington offered the position of secretary of the treasury to Alexander Hamilton. For ten years this young lawyer of thirty-two had been ardently studying political economy and writing and working on the finances of the nation. He had urged the organization of a national bank upon the Continental Congress and its superin- tendent of finance, Robert Morris, but without success. He had persuaded his friends in New York to establish a bank under his guidance, which flourished and still exists in honor. The new Congress of the United States soon received his pro- posals and financial plans with renewed urgings, and now they met with sufficient favor despite some opposition. The happy trade with Thomas Jefferson passed the assumption bill to fund the war debts in return for fixing the Capital on the Potomac. The national bank which Hamilton proposed Congress should incorporate met with more vigorous contention. The narrow constructionists from the rural communities, especially Madi- son, Jefferson, Randolph, and Monroe, from Virginia, feared the money powers of the cities of Philadelphia, New York, Boston, and Baltimore. They were of opinion that such a bank was unwise and that such a law would be unconstitutional. There was no specific grant of power in the Constitution to create cor- porations for any governmental purpose or otherwise.Of the Bank Stocks 131 But the bill passed and Washington had it before him for signature or veto. He asked the opinions of his Attorney-General Randolph and his Secretary of State Jefferson, in writing. He consulted Madi- son. ‘They vigorously declared against the policy of a bank and the constitutionality of the law. Washington’s judgment that the bill should receive his signature was gravely shaken. To have his attorney-general, his secretary of state, and the leaders of his party in his State unanimously advise him that a national bank was not only unconstitutional but undesirable and dangerous was a “ facer” for a mere farmer or even a captain of industry. With but five days more in which to come to a conclusion, he sent the written opinions to the secretary of the treasury, and requested his reply at an early hour. Hamilton was delayed by official duties, but on the fourth day he gave Washington his famous and epoch-making opinion on the constitutionality and necessity of a national bank which covers over one hundred pages of his printed works, and ex- pounds the doctrine of implied and inherent powers under the Constitution.® Washington carefully considered it and then laid aside the petty fears and fallacies of his Virginia friends. None of them, probably, ever had had a bank account or known the use of bank credit. He recalled the regularity with which his divi- dends had been paid to him for twenty-five years on Lady-day and Michaelmas. He probably also remembered his question to Wakelin Welch four years before: “If Great Britain was not enabled by means of the bank to carry on the war with this country?” He signed the bill. That act created the division into the two political parties under which for one hundred and thirty years and more this nation has contended for the control of its government. If Washington had been as ignorant as Jefferson of the value 3 “The Works of Alexander Hamilton”, edited by H. C. Lodge (New York, 1909), III, 388 to 493.1382 The Estate of George Washington, Deceased of banking institutions, or had taken his narrow view of gov- ernmental powers, which admitted the grant of them but denied their exercise by non-enumerated methods, this government would have become forever a spineless jellyfish like China, as it was largely from 1801 to 1824, or speedily have gone upon the rocks. A captain of industry laid its foundations broad and deep and strong in common sense based on experience, so that it could function despite mere theorists at the helm in later days. The bank stocks held by Washington at the time of his death were one hundred and seventy shares of forty dollars each in the Bank of Columbia and twenty-five shares of two hundred dollars each in the Bank of Alexandria, twenty of which were bequeathed to the Alexandria Academy. He notes that they usually paid from eight to ten per cent. per annum and that the shares ought to be worth at least par. His home-town bank, in which he kept his account after his return from the presidency and from which he borrowed in the last months of his life, was one of the results of his efforts to make Alexandria a great commercial city. The construction of the Potomac Canal, which began to operate effectively in 1789, had already resulted in a substantial increase of population, from 2,748 in 1790 to 4,871 in 1800. In ten years more it rose to 7,227. Its subsequent history was affected by other factors. There was in 1792 no bank south of Baltimore, but when Alex- andria was selected by Congress as the first subtreasury of the United States and a customhouse was established there, a bank became a necessity. Virginia still had jurisdiction over the part of the District of Columbia in which Alexandria was then situ- ated, as the Federal Government did not take control until 1800, when it was removed from Philadelphia to Washington. So an act of the Virginia Assembly was procured on November 23, 1792, which authorized William Hartshorn, William Her- bert, Charles Lee, Ludwell Lee and Charles Sims, and others, thirteen in all, to establish a bank there entitled the Bank of Alexandria. Its capital stock was to be one hundred and fifty\teN No. IZ 5/. b ff : Jesh ) fi Lis 104 ie hang th) ¢ led to One Share j Z cmte Le Se ch tr & nk of Ale rand ria, trand ae t Bank a he fai. A Ld go? Vy Ad git Vr We J. -00 Tig Ati TRCY. oy ,D TCC , 7, wt of the « / tyta WITNESS “eo and Company ¢ "the k, of Alecan th : di dye of an ibe L ile i, taj ovdn Jun 4a and— Bil! C24 tires CERTIFICATE OF STOCK IN BANK OF ALEXANDRIA IN WASHINGTON’S NAMIOf the Bank Stocks 133 thousand dollars in seven hundred and fifty shares of two hun- dred dollars each. In 1795 the stock was increased to five hundred thousand dol- lars and of this Washington, on July 5, 1796, purchased twenty- five shares for five thousand dollars. Twenty of these shares it will be recalled he bequeathed to the Alexandria Academy and five shares passed to his executors. The five shares they sold to William Herbert for $1,198. One of the certificates for a share of stock issued to him has been preserved and is given in facsimile opposite page 132. One of the provisions of the bank’s charter (section 22) was that any one guilty of forging any notes or checks of the bank or passing or attempting to pass such with knowledge, should on conviction be adjudged a felon and suffer death without benefit of clergy. The bank’s offices were in the building called Braddock House. The building still exists in good order and the bank vaults re- main though the iron doors have been removed. The bank flourished until 1833 when its affairs were wound up.* The accounts of the executors of Washington’s will show that on July 20, 1802, they sold the five shares of stock not specifically bequeathed at $238 per share, for $1,190. The proceeds were applied to paying the debts of the estate. The Bank of Columbia was located at Georgetown in the District of Columbia and its history is long, interesting and dramatic by reason of its connection with the founding and up- building of the national capital. It has engaged several his- torians and a place in literature. The tale of its salient features has been compounded here from the authorities named below ® and other, but minor sources, ‘For the history of the bank, see W. B. Bryan, “History of the National Capital”, I, 208, New York, Macmillan Co., 1914; and Charles E. Howe, “Columbia Historical Society Collection I”, VIII, 10. 5a. “Financial Institutions of Washington City in its Early Days.” € Bank of Columbia.” An anonymous pamphlet in the Library of b. Pindells « History of Washington, D. C.” c. W. B. Bryan, “ History of the National Capital ”, II, 222. d. Chas. E. Howe, “Columbia Historical Society Collection I”, VIII, 10.134 The Estate of George Washington, Deceased without much change of language by the omission of quotation marks. It was an indication of the growing needs and importance of the new Federal City in the District of Columbia, that on De- cember 28, 1793, the Maryland legislature, which by the act of cession still had power to legislate for the inhabitants until Con- gress should actually take possession, chartered the Bank of Columbia. This was the second institution of the sort authorized by that State, the first being located in Baltimore a year or two before. The capital stock was to be one million dollars divided into ten thousand shares of one hundred dollars each. Of these the Com- missioners of the District of Columbia were authorized or per- mitted by the charter to subscribe for two thousand, but they exercised the privilege only to the extent of taking one thousand and fifty-three shares, on which, according to their report to the President, January 29, 1795, thirty dollars per share had been paid up to October 1, 1794. The extent to which the bank was used by the Commissioners is shown by a statement in the report referred to, that there was due to the bank previous to January 29, 1795, the sum of $35,250, for treasurer’s notes discounted, which is, within a few hundred dollars, equal to the Commissioners’ capital stock sub- scription. The Bank of Columbia was organized for the special purpose of handling the paper of the Commissioners as well as of the lot purchasers in the District or Federal City. There was a close community between it and the Commissioners, as is indicated by their transactions and the personnel of the incorporators. Sam- uel Blodgett, late supervisor of the city, became the first presi- dent of the bank; William Deakins, Jr., the treasurer of the Board of Commissioners, was an incorporator, and so were Uriah Forrest, John Mason, James M. Laigan, Benjamin Stod- dert, William B. Magruder and Thomas Peter, Mrs. Washing- ton’s granddaughter’s husband. By the end of 1795 forty dollars had been paid in on eachOf the Bank Stocks 135 share, thus giving it a cash capital stock of four hundred thou- sand dollars. An act of the Maryland legislature dated Decem- ber 26, 1795, repealed the forfeiture clause in the original charter in case of nonpayment of installments, and the partially paid shares were given dividends proportioned to those fully paid. On the subject of Washington’s interest in the bank these letters are preserved.° Washington, 19th July, 1797. Dr. Sir: I do myself the pleasure of inclosing you a certificate of a Transfer of 29 shares of Columbia stock... . With sentiments of perfect Regard and Respect, I am Dr. Sir, Your most obt. Servt. Gustavus Scorr. Genl. Washington Mt. Vernon. Mount Vernon 23 July 1797 Dr. Sir: Enclosed is the certificate of the hundred shares of stock in the Bank of Columbia, given to Mr. Tobias Lear the 6th of April 1790 and transferred by him to me the 18th instant.— A certifi- cate thereof I pray you to transmit me by the Post — or other safe conveyance. With esteem & regard I am Dear Sir Your obedient Hble Ser. G. WaAsHINGTON. Samuel Hanson. The bank was first located at the northeast corner of 29th and M streets, and after an existence of eleven years it began the erection of a building of its own on the high hill facing south on M Street between Wisconsin Street and 34th Street. The building was of white stone, and of palatial proportions; on the first floor were the banking rooms while on the second floor the president of the bank and his family dwelt in princely quarters. The hill was terraced, planted with gardens, and 6L. O., W. Mss., Vol. 285, 28022, 28023.136 The Estate of George Washington, Deceased reached by a flight of marble steps. Here the bank did a flour- ishing business until after the panic of 1837, a landmark in com- merce and in fact, with its gleaming walls and copper roof, set on a high hill. It was an ally, if not a branch, of the National Bank of the United States at Philadelphia. Like it, it fell under political and perhaps worse influences. Its charter was once or twice extended by Congress, after it acquired jurisdiction. In company with the great Bank of the United States, it fell beneath the ire and decree of President Andrew Jackson, when he ordered the removal of the government deposits from the sound national bank to the rotten “ pet ” banks in 1837. ‘The conse- quent strain on its resources and the tremendous panic of that year which the President precipitated by that order and_ fol- lowed by the famous subsequent circular, demanding payment of all land purchases from the government in specie, resulted in the failure of hundreds of banks and the liquidation of the Bank of Columbia in 1839. Its charter expired or was about to expire at the time. The bank’s affairs then disclosed that the bank had been ““ milked ” by its officers and directors in its late years and that the derisive description of its building as “ the great white cow ” had been earned. It did not fully pay its creditors. Its stock- holders got nothing. The building was sold shortly after to a Mr. Coe for twelve thousand dollars, a tithe of its cost. He tore it down when he found that the copper roof plates alone would sell for enough to refund the purchase price. The land remained to him without cost and is now partly occupied by the great station of the Washington Electric street railway. Only the name “ Bank Alley ” survives in the neighborhood to guide the searcher after its history. Of Washington’s one hundred and seventy shares of the capital stock, the executors reported one hundred and sixty-one were transferred in lots of seven shares each to his twenty-three legatees and the remaining nine were sold for cash at forty dol- lars per share and applied to his indebtedness.Chapter XII OF THE LIBRARY AND LITERARY REMAINS SEVENTEEN pages of the Inventory and Appraisement are de- voted to a list and valuation of the books, maps and other mate- rials in the room which Washington used as a study. The list begins with the American Encyclopedia of eighteen volumes quarto, valued at one hundred and fifty dollars and runs on through a total of nine hundred and three volumes appraised at twenty-three hundred and fifty dollars. The number of items was five hundred and sixty-one, including pamphlets, maps and government publications. These were con- tained in the eight cases still to be found in the south room at Mount Vernon, except a few placed about on tables in other rooms. The appraisers’ valuations were arbitrary; apparently they gave but little attention to intrinsic worth, as the books had been specifically bequeathed and were not to be considered for real use as a part of the estate. Washington was not a reader, and was only in part responsible for the contents of his library. A majority of the books appear to have been sent to him by their authors or to have been pur- chased by him to assist the author or publisher in the public interest. Works relating to agriculture received close attention and he made many extracts from them. Military books received some attention when he was young. There is not much evidence how- ever that he gave much time to history or general literature. He even showed little interest in the history of the Revolution and deprecated any biography of himself. In his diaries he never mentions the books he was reading and138 The Estate of George Washington, Deceased rarely in his letters. In his early manhood he wrote to a fair correspondent, “I should think our time more agreeably spent, believe me, in playing a part in Cato with the Company you mention, and myself doubly happy in being the Iuba to such a Marcia as you must make ”,’ from which we may conclude that Addison’s “ Cato” was not unknown to him, but as he became increasingly devoted to things of action and the affairs of a large plantation, his literary interests were limited to the books that dealt with his business. In his later years, only five, be- tween the Revolution and the presidency, would have permitted leisure for general reading. But these he devoted to restoring his estate and the affairs of his distracted country. In this effort he helped to build up its commerce and insure its unity, in the great work of making navigable the Potomac River and finding an easy and permanent way to reach the Ohio River and Great Lakes, and the still greater work which directly flowed from this, the Constitution of the United States. For these two purposes he gave some attention to books, made ample notes and his studies bore fruit in the work he did. There is little evidence that he ever read for the mere pleasure of it. His time was fully taken up with his affairs and the voluminous correspondence he conducted as well as the careful records he kept. No man of his time, probably, has left so many words written by his own hand behind him. He wrote much that has become and begotten literature though he read comparatively little in printed books. Yet Chesterfield’s “Letters” in four volumes, Gibbon’s “Roman Empire” and the Federalist stood immediately beside Fulton’s “Small Canals and Iron Bridges” on his shelves and may have been equally studied. The many allusions and oc- casional quotations which Washington employed in his letters show that he acquired somewhat from the writings of other men. Most of the books are easily identified, for Washington usually wrote his name on the upper right-hand corner of the title page, but occasionally on the first page of the preface or text. He also 1 Washington to Mrs. Sally Cary Fairfax, September 25, 1758, Ford, 2, 95.Of the Library and Literary Remains 139 used a book-plate, which has been forged in the attempt to de- fraud the public into buying unautographed volumes. The history of the library has been that Mr. Justice Bushrod Washington came into possession of it in 1802 when he took pos- session as the devisee of Mount Vernon and in the twenty-seven years he lived there he added considerably to it. When he died in 1829, his will directed that “ all the papers and letterbooks devised to me by my uncle, Genl. Washington, as well as the books in my study, other than law books, I give to my nephew Geo. C. Washington; the books in the cases in the dining room, I give to my nephew John A. Washington.” The inventory of Bushrod Washington’s estate schedules all these items. “In the dining room, 486 vols. miscellaneous works left to John A. Washington” .. . “658 vols. of miscellaneous works left to Geo. C. Washington,” besides ‘‘ 169 vols. of State > papers ”’, of Law Books and 22 law pamphlets.” The latter were be- ** 22 vols. of the Journals of Congress”, ‘‘ 649 vols. queathed to Bushrod Washington Herbert, a grandnephew, in case he should be trained to the law. Mount Vernon was next occupied by John A. Washington, the nephew of Bushrod to whom the latter devised it. The 658 volumes of Washington’s library which were bequeathed to George C. Washington remained there until 1847 or 1848 when a considerable portion of them were sold to one Henry Stevens, a bookseller. Mr. Stevens announced his intention of sending them over to the British Museum. To prevent this and to secure them for Boston, a number of Boston and Cambridge men, particularly Professor Jared Sparks, Professor Andrews Norton, Mr. George Livermore and Mr. Charles Eliot Norton, who acted as treasurer, undertook to solicit subscriptions, and raise the five thousand dollars which Stevens demanded for them, a sum which he after- wards reduced to thirty-eight hundred dollars. The books were then purchased by the subscribers and presented to the Boston Atheneum and are now there. Three hundred and fifty-four of the volumes thus acquired140 The Estate of George Washington, Deceased (including thirty-six made up of pamphlets bound together) may be assigned to Washington’s library, the majority without question. The remainder of the purchase originally belonged to Mr. Justice Washington or other members of the family. The true Washington books comprise eight hundred and thirty-five entries in the splendid Boston Atheneum Catalogue.” One hundred and five of the entries represent unbound publica- tions of the Board of Agriculture of Great Britain and sixty-one United States Government publications. The remainder of Washington’s library has been scattered and no large number of his books now exists in any one place besides the Boston Atheneum. What became of the rest of the books left to George C. Washington can only be conjectured. Those given to John A. Washington passed to his son, John A. Wash- ington, and then to his son, Lawrence Washington, late of Washington, D. C. In 1876 a portion of them, after having been on exhibition in Philadelphia during the Centennial Exposition, was sold at auc- tion by Messrs. Thomas Birch’s Sons. Lots 1-138 and 450-474, including 282 volumes, were stated to be from the library of 2 Much of this chapter is taken from this catalogue of which this is the full title page: A Catalogue of the WASHINGTON COLLECTION in The Boston Atheneum Compiled and annotated by Appleton P. C. Griffin In four parts: I. Books from the library of General George Washington II. Other books from Mount Vernon III. The Writings of Washington IV. Washingtoniana With an Appendix The Inventory of Washington’s books drawn up by the appraisers of his estate. With notes in regard to the full titles of the several books, and the later history and present ownership of those not in the Atheneum collection. By William Coolidge Lane Librarian of the Boston Atheneum The Boston Athenzum 1897Of the Library and Literary Remains 141 George Washington, and most of them can be identified with entries on the Inventory. The largest buyer at this sale was John R. Baker, of Philadelphia, whose collection came under the hammer in February, 1901, in Birch’s auction rooms, when ex- ceptionally high prices were realized for the Washington books. At the same rooms, under the direction of Stanislaus V. Henkels, in Philadelphia, the effects of Lawrence Lewis and Lorenzo Lewis were sold, in December, 1890, and April, 1891, when relics, papers, and books belonging to Lawrence Washington, Bushrod C. Washington and others were disposed of. Again in December, 1891, April, 1892, and December, 1892, other sales by Mr. Henkels have given an opportunity to book collectors to bid for books which belonged to Washington.* Great pains have been taken by the Boston Atheneum authori- ties to determine the full titles and to trace the present owner- ship of the volumes not in their collection, but in about two hundred and sixty-two cases no clew has been found, and in a number of others the names of the present owners cannot be stated although a record of the sale of the books at auction is at hand. The Atheneum has acquired but one volume since the original purchase. The classification, made by Mr. Lane, of the volumes in the Inventory and those purchased from Stevens, not included therein, shows this result: Not in Inventory Literature 64 items 137 volumes 1 missing 8 additional Periodicals afi} 9 87 re 5 % Religious works 35 eS 53 a 10 2 Geography and Travels 28 “ 62 ~ 6 i History 50) = 106 “17 pamphlets 3 eS Polities, Political Econ- omy, ete. 68 88 1 pamphlet 3 Law ile oS 28 4 cs Legislation 261. 80 s ] < Military works 40) es 42 6 S Agriculture Wg & 97 1 a Science DON 35 : ] ¢ Miscellaneous PA 25 : 4 ce Mise. Pamphlets 45538 53 - Maps, charts and prints 53 “ Total 893 volumes 52 additional 8A sale of books claimed to be from Washington’s library, but having spurious bookplates, took place in Washington, in 1883.142 The Estate of George Washington, Deceased The subjects comprised under the heading “ Literature 7 ares Drama 3 Poetry 19 Fiction 21 Essays 8 Miscellaneous works 4 Biography 1 Allegory 1 Letters 6 Humor 1 Total 64 items This analysis gives us a bird’s-eye view of the collection. Re- membering that Agriculture, War, Politics, and Statesmanship constituted the vocation and avocations of Washington we find the majority of his “ silent but eloquent friends ” to have been among the writers of books on these subjects. He had neither time nor much inclination in the active fifty years of his man- hood for general reading. Mr. Lane says: (page 480) The subject of Washington’s book-plate has long been a puzzling one to book-collectors. I have indicated by a B in the list following all the volumes, either in the Atheneum collection or elsewhere, which contain it, but it will be difficult to draw any conclusions as to how Washington used it, when he first had it, or when, if ever, he discontinued its use. Of the 884 volumes noted below, 187 volumes bear what is in most cases the genuine plate. Re-strikes from it exist, usually to be detected by the quality of the paper. The original plate was at one time in the hands of Mr. George Livermore, and is pretty certainly still in existence though the statement has been made that it was destroyed. It has been several times copied for purposes of illustration, but apparently only once, and then very clumsily, with intent to deceive. In 1883 about two hundred volumes, many (perhaps all) of them bearing this spurious book-plate, were offered for sale at auction in Washington (see the note on p. 475), and the very fact that the plate if a forgery was such a poor one, has induced some collectors to suspect that it was a genuine secondOf the Library and Literary Remains 143 plate, but the character of the books in which it appeared in this sale is a sufficient argument against this assumption. Whether the original is of English or American workmanship is still dis- puted, and in spite of the carefulness with which Washington kept his accounts, no entry bearing on the book-plate has yet been discovered in any accounts which are preserved. C. D. Allen, in his “‘ American book-plates””, New York, 1894, discusses the his- tory of Washington’s book-plate and the counterfeit of it, pp. 90-95. There are also at present in the library at Mount Vernon a number of Washington’s books, restored to their original shelves by patriotic donors. There ought to be more. Many duplicates of the books Washington owned have been acquired and placed on the shelves. One restoration has been made which deserves to be told in detail. In 1902 Professor Goode, curator of the National Mu- seum at Washington, D. C., attended an auction sale of old books in London. He noticed a set of twenty royal octavo volumes bound in fine brown calf, on the outside of the front cover of which were stamped in gilt the letters G. W., surmounted by a bishop’s cap, the signet of the Marquis de Rochambeau. Exam- ining one he found they were a set of “ Histoire Generale Des Voyages ”, being Hakluyt’s and other famous voyages, translated into French and magnificently printed in that language at Paris in 1746. The inside of the front cover of the first volume bears the fol- lowing inscription: Was Intended for Genl. Washington by the Marquis Rocham- beau but a British cruiser saved it for me. AS 1): London. Professor Goode purchased the set at a moderate figure, brought it to America, and presented it to the Ladies’ Associa- tion at Mount Vernon, so that now, after more than one hundred years, the twenty volumes have come to rest on the very shelves for which the valiant Marquis intended them as a144 The Estate of George Washington, Deceased token of his warm friendship for his companion in arms in the Revolution. The presumption is that the books were sent in a French ves- sel during the French Revolution and the war with Great Britain in the 1790’s, that the vessel was captured, the books were taken to England as loot and remained in private hands until they re- appeared in London in 1902, at the second-hand book sale. Their history during the more than one hundred years of delay in the “ parcels post delivery ”, might be of interest to many more than our public officials. They probably hold the record. Washington’s “ tambour secretary”, a combination of small roller-top desk and bookcase above, with drawers below, has been restored to the “ study ” at Mount Vernon and the original sur- veyor’s spyglass on its tripod, as well as the globe he used, are beside it. Colonel H. H. Dodge, now and for over forty years the super- intendent of Mount Vernon, is not only a material but a spiritual agent, vigorous in his devotion to his trust, who lets no phase of it be a stranger to him. Every book or thing which is of- fered for replacement or emplacement there is carefully investi- gated and reported on, to the Association, by him, and only such as are worthy, dignified and authenticated are permitted to find place in the shrine. In this way the collection of Washing- toniana, of reproductions and the books and pictures which now adorn the Mansion House and make it seem real and alive has been gathered. Much spurious stuff has been kept out and exposed, so that the public there and elsewhere has been pro- tected against fraud. As an illustration of the difficulty of replacing at Mount Vernon the original books of Washington’s library it may be noted that on May 17, 1917, the Dial reported that “ Je 0: Wright paid $1,175 for a collection of nine rare American pam- phlets, bound in one volume, lettered ‘ Orations ’ from the library of George Washington, with his autograph signature on the title page. Mr. George D. Smith gave $600 for ‘The Complete Farmer ’, London, 1793, with George Washington’s signature onOf the Library and Literary Remains 145 the title page.” The sale was held at the Anderson Galleries in New York City. OF THE LITERARY REMAINS The “Inventory and Appraisement ”’ makes no mention of Washington’s most valuable asset, his letters and papers, public and private. On page fourteen of the will is the gift of these “‘ to my nephew Bushrod Washington”, the public papers, without limitation, the private papers, “‘ such as are worth preserving ” and the ‘‘ books and pamphlets of every kind, at the decease of my wife and before if she is not inclined to retain them.” Such was the modest thought of the great man concerning his most interesting remains. Mrs. Washington naturally retained the books and papers until her death. She is known to have destroyed all but two of Washington’s letters to herself, these being her own to do with as she pleased. What of his private papers met with the same fate at her hands we can only guess; we hope there were few or none of them sacrificed. So far as we know it was not until Bushrod Washington and Mr. Jared Sparks came into con- trol that the dispersal took place. Washington’s military papers and correspondence were copied from 1780 to 1784 under an agreement with Congress. The other public papers, covering his civil and military administration, had been segregated and were being copied into stout folio vol- umes before Washington’s death. These were kept in the two- story frame building he had built for the purpose in 1784, which remains to-day the office of the Ladies’ Association at Mount Vernon and the dwelling place of its assistant superintendent. In this building, Alvin W. Rawlins and other scribes, George Washington La Fayette, and sometimes George Washington Parke Custis, under the eyes and guidance of the General and Colonel Tobias Lear, his military secretary, labored, more or less assiduously, by day, but also, it is recorded, held high revels and played gay pranks after nightfall. The results of their labors146 The Estate of George Washington, Deceased are preserved to us in the one hundred leather-bound volumes of record form, containing three hundred and twenty pages each, which now constitute so large a portion of the Washington manu- scripts collection in the Library of Congress. The fact that a separate building was required to keep safe the papers which Washington had written and accumulated in his more than fifty years of active life gives us a suggestion of their volume. It had been his practice throughout to make a draft of every important letter or paper he signed and to take copies of such as passed through his hands or might affect his interests. He seldom kept copies of personal and family letters. As these were many, it affords an explanation of the great numbers of them which have appeared from private sources and have been pub- lished from time to time. Within recent years a number have come to light full of interest. Many of the drafts of letters are not in perfect accord with the letters as finally written by Washington or his secretaries and signed and sent by him, for he often changed the expression if not the thought when rewriting. Hence differences of some moment have sometimes appeared in two publications of what seemed to be the same paper. In his later years he also used a letterpress copying machine and many of the copies thus made have been preserved, especially in the New York City Library and the Library of Congress. Thus a third copy exists in many cases. The great bulk of Washington’s writings (402 volumes) now rests in the latter institution and its official handbook * contains an elaborate history and description of them which will be found reprinted in Appendix IV at the close of this volume. The first use made of Washington’s papers was by Chief Jus- tice Marshall in writing his five-volume “ Life of Washington ”, published in 1804 at Philadelphia. It states on its title page that it was “compiled under the inspection of the Honorable 4 Handbook of Manuscripts in the Library of Congress (Government Print- ing Office, 1918), pp. 512 to 515.Of the Library and Laterary Remains 147 Bushrod Washington from original papers bequeathed to him by his deceased relative and now in possession of the author.” The public was eager to have the book and the author and Mr. Washington were anxious to forestall the publication of others. The result was necessarily hurried and condensed and but little appears in the form of quotation. It was not until twenty-two years later (1826) that a partial publication of the writings themselves was attempted. Bushrod Washington, with the aid of Chief Justice Marshall, planned to publish a selection of Washington’s letters and other papers, without note or comment and had prepared the material for three volumes, when he received a request from Mr. Jared Sparks for leave to examine the manuscripts with a view to the publication of a large collection of the writings of Washington, plus histori- cal and explanatory notes. These Mr. Sparks proposed to make after an exhaustive search of the archives of the thirteen original States and those of France, England and perhaps Spain and Holland, and an appeal to the public for the originals of Wash- ington’s letters in their possession. Bushrod Washington replied by stating his own purpose and hence refused the request. Mr. Sparks’ interest had been aroused by the suggestion of the plan by a publisher and he enlisted in it now on his own account, the publisher declining to go into the matter without the aid of the Mount Vernon documents. Mr. Sparks began a correspondence and research which is best told in the letter he wrote to Bushrod Washington on Sep- tember 12, 1826, from which the following is taken: Your favor of March 13th, declining to aid me in a publica- tion of General Washington’s works, was duly received. I had already made such progress in the undertaking that I could not reconcile myself to the idea of abandoning it, although com- pelled to prosecute it under many disadvantages. Since that time I have visited all the Southern and Middle States, examined thor- oughly the public offices in each, and procured copies of General Washington’s letters, and the replies of the governors. In addi- tion to these, I have obtained copies of the valuable Revolutionary correspondence on file in the different offices. These letters con-148 The Estate of George Washington, Deceased tain a rich treasure of historical matter, the substance of which I shall use in making the notes and historical illustrations to the edition of Washington’s works. I am now on the eve of a tour for a similar investigation in the New England States; after which I shall go partially through all the files in the office of Secretary of State at Washington, and gather the materials deposited there. I have, moreover, collected numerous letters from private sources, particularly from among the papers of the major-generals of the army, which are with their descendants in different parts of the country. In short, I am very confident of procuring nearly everything which can throw light on the public character and transactions of General Washington, and these are the points in which the public is generally interested, and with which posterity will seek to be- come acquainted. Yet my ambition was to make a perfect edition of his writings, one that should stand as a perpetual monument, worthy of his fame and of his country. I can truly say that I had no other motive in commencing this project, and although I doubt not the pecuniary results will be adequate to the ex- pense of money, and perhaps of time and trouble, in carrying it on, yet this has been and is still a secondary consideration. My only regret is, that the work must at last be imperfect, my great purpose defeated, my hopes but partially realized, and a reason- able expectation of the public disappointed. After much further argument he proposed to undertake the risks of the publication and divide the net profits with Bushrod Washington and the Chief Justice. The entire story forms a most interesting chapter of Doctor Herbert B. Adams’ monu- 99 5 mental “‘ Life and Letters of Jared Sparks. The upshot was that Chief Justice Marshall, on reading the Sparks’ proposal, instantly advised its acceptance and the advice was taken. Mr. Sparks, as Doctor Adams says, by his thoroughgoing labors had acquired a virtual command of the situation with respect to Washington’s writings. Now by this agreement their suitable publication became assured. The work of preparing the papers for the press and the story of their publication is told in other chapters by Doctor Adams and is almost a romantic adventure. Consequently, the first 5 Houghton Mifflin Company, Boston, 1893, Vol. I, Chapter XIII.Of the Library and Literary Remains 149 large and authentic collection of Washington’s writings was pub- lished by Jared Sparks, in the years 1834 to 1837, in an elegant set of twelve large octavo volumes, the first of which he devoted to a life of Washington.° It aroused great interest and much praise, especially because of the valuable notes, exhibits and addenda. It also demon- strated the fact that the letters to Washington, of which it quoted many, were quite as important and interesting. Some controversy arose because of seeming differences between the letters as published and the ones in private hands, and because of this Mr. Sparks was for a time accused of wrongdoing. But in the war of pamphlets which resulted the explanations demen- strated that Washington was responsible for most of the changes and that in some important cases, the critics were grievously mistaken. Mr. Sparks claimed the right to exercise editorial dis- cretion in minor matters and proved that he used none other- wise, though he made no claim to having given more than a selec- tive edition of Washington’s writings, dictated in its exclusions by regard for persons still living or the descendants of some deceased as well as certain public interests. These conditions were imposed on him by Bushrod Washington but were not very serious in their consequence. The entire controversy is now unimportant and time has re- leased Bushrod Washington’s inhibitions. Jared Sparks’ fame chiefly rests on the ability, enterprise, industry and faithfulness with which he pursued his subject and the brave risk of time, health and money he made, to the verge of ruin for himself, in preparing and publishing his work. His edition remained for sixty years the only comprehensive publication of Washington’s writings and formed the basis of most of the vast Washington literature published prior to 1890. More than five hundred book titles in this country were devoted to the subject up to that time. Since then the number has more than doubled.” 6 Jared Sparks, “ The Writings of George Washington ”, 12 volumes. Ameri- can Stationers’ Company, Boston. 7In spite of long delays and almost disastrous financial setbacks, Mr. Sparks was able to divide with the executors of Bushrod Washington and150 The Estate of George Washington, Deceased A second collection, entitled, “ The Writings of Washington,” : was edited and published in 1889 to 1893 by Worthington C. Ford, then of the Library of Congress and later President of the American Historical Association. He is now curator of the Massachusetts Historical Society. Mr. Ford had much new material at his command and added three volumes to the number given us by Mr. Sparks. These additions contained many letters and other papers which Mr. Sparks had omitted and omitted a few he had used, as of minor importance. But like Mr. Sparks, Mr. Ford was expressly selective and intended chiefly to illustrate Washington’s char- acter. At the same time, by a chronological arrangement, he gave a fairly continuous history of his activities. These pur- poses were well served, for no biography of Washington can possibly give its readers so clear and thorough an impression as his writings. These are self-revealing documents, written with no thought other than to explain and accomplish the business in hand honestly and well. One of the biographies of Washington requires mention here because it is almost wholly a compilation of his writings. In 1900 Messrs. Charles Scribner’s Sons and Goupil and Company, under the date line of December 14, 1899, the centennial anni- versary of Washington’s death, published a “Life of Wash- ington ” by Worthington C. Ford, in two volumes. This is with- out doubt the most exquisitely illustrated biography of Wash- ington extant. It is written almost wholly in Washington’s own words, being a digest of his letters, dispatches, reports, speeches and other documents in chronological order, well blended and Chief Justice Marshall, in 1837, eleven years after the work was under- taken, the sum of $15,384.63. The costs had been $15,356.37. From subse- quent editions Mr. Sparks obtained a royalty on each volume and continued at intervals down to 1856 to divide the profits, but the first fruits were by far the best. Mr. Sparks also published four volumes of letters addressed to Washington under the title, “Correspondence of the American Revolution, Being the Letters of Eminent Men to George Washington from the Time of His Taking Command of the Army to the End of His Presidency,” Boston, 1853. 8 W. C. Ford, “ The Writings of Washington”, 14 vols. G. P. Putnam Sons, New York, 1889-1893.Of the Library and Literary Remains 151 constituting practically an autobiography. Of course it is too modest by half and falls far short in enthusiasm. It contains a reproduction in color of Trumbull’s famous painting of the General and Stuart’s equally celebrated one of Martha Washington, besides forty-two full-page plates, in black and white, of portraits of the generals and other colleagues of Washington and numerous other artistic illustrations. Partial compilations of Washington’s writings in facsimile and otherwise have been numerous. The earliest of these, Sir John Sinclair’s in 1800, relating wholly to their correspondence on agriculture, soon became a classic and was followed by many similar ones on various subjects. Notable among these are the “ Accounts of G. Washington with the United States, commencing June, 1775, and ending June, 1783, comprehending a space of 8 years”, wholly in Washington’s handwriting.” The latest edition of these, with a subsequently discovered addition bringing the account down to December 23, 1783, the date of resignation, likewise in auto- graph, has been edited with ample notes by Mr. John C. Fitz- patrick, assistant chief of the Manuscript Division of the Library of Congress.*° The most voluminous undertaking of this character has re- cently been completed in the reproduction of Washington’s Ledger “‘ A.” This has been photostated, page by page, by the Library of Congress, for the Massachusetts Historical Society and the latter ‘has published a full-size reproduction in three volumes. These are edited by Mr. Worthington C. Ford, its curator. This ledger is almost wholly in Washington’s hand- writing. His Ledger “ B” is also in the Library of Congress; Ledger “C” is in possession of Lloyd W. Smith, Esq., of New York. There is a long story of neglect and lack of proper appre- ciation to be told concerning Washington’s private writings. Mr. Justice Bushrod Washington, busy man that he was, hard 9 Folio. Agar Humblin and Company, New York, 1833. 10 Houghton Mifflin Company, Boston, 1922,152 The Estate of George Washington, Deceased at work for thirty years in Philadelphia, Washington and on circuit, seldom at Mount Vernon for any length of time, under- took to aid Chief Justice Marshall in his monumental “ Life ” of Washington. They were partners in the enterprise and to fore- stall piratical publications they labored hard and hurriedly in driving that work to premature completion. In the course of these labors and through the years that followed, Washington’s writ- ings were subjected to much indiscriminate handling. Many of them escaped from custody and a number were given or taken as souvenirs. A number of his diaries are missing. Many letters to — as well as drafts and copies of letters from — Washington are gone. In the Alexandria warehouse fire of 1858 many were lost. One of the most precious samples, Washington’s character- istic comments in marginal notes on James Monroe’s pamphlet in defense of his conduct and his attack on that of Washington in the French crisis, was given to Mr. Jared Sparks and sealed up and deposited in the Library of Harvard College, where it lay unopened for two generations, until recovered by accident. Some of the lost material has in the course of time appeared in the market among the estates of collectors,** and has been offered and sold, privately or at auction, bringing often enough enormous prices from autograph and other collectors. So far as possible without coming in competition with these usually wealthy specialists, the Library of Congress, supplied with a modest fund by Congress, has sought to buy in and to restore to their proper place in the Government’s keeping these precious memorials. Often it has succeeded, but more often not. Selfish curiosity, backed by large means, still beats public spirit and public interest. Many generous individuals have placed copies and even origi- nals in the Library of Congress for the use and benefit of the ‘ public and students, either by gift or “ permanent ” loans. The practice should increase. In fact it should be deemed a privilege of high honor to make such gifts.” 11 A large and excellent collection is to be found in the New York Public Library, comprising parts of the Havemeyer and other collections. 12 The late Theodore Roosevelt gave all his papers to the Library years ago,Of the Library and Laterary Remains 153 A few of Washington’s literary memorials have been acquired by the Ladies’ Association of Mount Vernon and are either ex- hibited there or safely kept in its charge. Among these is the list of his slaves he made out just before his death, to help insure their liberation according to his last will. Another is the account book of his business as a miller and distiller during the years just preceding his death. Newly discovered materials appear from time to time in the magazines and other publications. The nature and number of these have been sufficient to warrant the making of at least four volumes in supplement to Mr. Ford’s, and this should be done soon. Washington’s ability and activity as a literary man in the true sense, in style and form well suited to the average reader, is available to those who are inclined to become acquainted with this side of the man who was first in so many things, in the essay of Mr. James H. Penniman.*® Washington marches in and through his writings. Just so far as his biographers have employed them for illustration, just so far have they truly succeeded in presenting the man. It is as certain as anything can be that the existence of such a character, from 1775 until 1790, changed the whole course of the history of the Western Continent and thus of the whole world. His letters — are his own — no editing can conceal the essen- tial nature the writer has shown in them. Their strong judgment, the good sense, the calmness and patience, the consciousness of strength and the ability to control the strength, the absolute freedom from self-seeking in any form, makes his letters a monu- ment which will always justify the instinctive popular estimate of him. Other men have surpassed him in particular phases of character and ability; but in all phases together, his letters will show that he was the greatest man the earth has yet seen. so that no one might be tempted to traffic in them and barter with Congress for their purchase. 13 James H. Penniman, Litt.D., “ George Washington as a Man of Letters” (Philadelphia, 1918), published by the author, 52 pp 14 Alexander Johnston, article on Washington, III, 1092, “ Encyclopedia of Political Science.”Chapter XIII OF THE NEGROES Nexr to the care of his wife came the protection and welfare of his slaves in Washington’s mind, and the longest section but one in his will is devoted to them. That Washington was a slave owner has been used as an epithet and an argument for over a century by the narrow-minded and inexperienced or by the vicious, in judging his character or trying to injure his just fame as a lover of mankind. It is only necessary to quote the language of Charles Sumner, the most unrelenting and bitter critic of those cursed with slaves, to show how false and petty that criticism is. He said, “ The will of Washington is a remarkable document, exhibiting his character as a proprietor and pater familias and also revealing his best sentiments. Here will be found the emancipation of his slaves.” But we are answered, “‘ He freed them only when he could no longer use them for his benefit, when they could not longer serve his purpose of gain, when he was dead and gone.” The answer is untrue. He never profited by slave labor. All his life the slaves were a burden and a care, a charge upon his efforts and his estate, exceeding their value as servants. He realized early in life that slave labor did not pay in Virginia unless abused, and he would not abuse it, just as he learned that tobacco raising ruined the land and the planter. He also realized that, as on the ancient Egyptian monument, the slave owner and the slave are both chained by the same chain; that neither was free to do his utmost. His letters and his acts evidence his belief for years, growing in intensity as he grew in years and experience. After eight years’ experience in the north among freemen during the Revo- lution, the letters grew eloquent. He never after sold a slaveOf the Negroes 155 unless it was to protect the others against his incorrigibility, and he ceased to buy any long before his death. He employed those he inherited and those who were charged upon him by his wife’s right of dower in the Custis estate upon his home place where he could carefully watch their care and conduct. He leased over one hundred from one of his neighbors to help feed and clothe the three hundred he was charged with and to get labor for his farms, because none other was available, but even then he found all of them together nothing but a charge upon his purse and conscience. His farms never paid. He fostered every effort to free them. He continually urged legislative action to that end and foretold its early necessity if the South would keep abreast of the North in population and influence. Throughout his career he sought ways and means of making his lands and his neighbors’ useful and profitable by the en- couragement of free labor and its immigration and prayed for help in ridding the community of its slave burden.’ That with all his efforts he did not also succeed within his lifetime in this great purpose is not to be charged against him. He had the purpose and so far as in him lay he did the acts which were best intended to bring about the end. Almost the entire nation, and especially his own State of Virginia, were opposed in interest or indifferent. Washington, Jefferson, Paine and Franklin and a few other eminent men before 1800, together with the sect known as Quakers, were in a hopeless minority in their humane ideas. Washington saw no practical hope except in gradual enlightenment of the people and to this he contributed his share by manumission and pensions. That the invention of the cotton gin, the development of the 1See “Washington as an Employer and Importer of Labor,’ by Worth- ington C. Ford (Brooklyn, New York, privately printed, 1889, 500 copies). The Library of Congress copy is E. 312. 17. F. 69. This little book contains an Introductory Note by Mr. Ford and then reprints contracts made by Washington for a joiner and overseers for crops, for stocking plantations, for a gardener, and for the hire of Negroes. Also his correspondence in respect to importing Germans from the Palatinate. His advertisements for run- aways and a form of indenture for servants close the book. Washington’s indenture is very humane and fair compared with others of the time.156 The Estate of George Washington, Deceased steam engine, and the consequent enormous increase of manu- factures would practically reénslave the land and people which he had just set on its way to true freedom, he could not foresee and cannot be held responsible for. To charge upon his character and fame after-happenings and their consequences is easy but foolish and unjust. As usual, Washington’s letters and other writings tell his story best. Many might be cited but a few will suffice to prove his attitude and conduct. In a letter to Robert Morris, dated April 12, 1786,’ while discussing the conduct of a society of Quakers, in litigating with one of his neighbors over his right to bring to and take away from Philadelphia a Negro as slave, he writes: If the practice of this society of which Mr. Dalby speaks, is not discountenanced, none of those, whose misfortune it is to have slaves as attendants, will visit the city if they can possibly avOoId 1t.0. . In the same letter he says: He (Dalby) says, the conduct of this society is not sanctioned by law. Had the case been otherwise, whatever my opinion of the law might have been, my respect for the policy of the state would on this occasion have appeared in my silence. And then again: I hope it will not be conceived from these observations that it is my wish to hold the unhappy people who are the subject of this letter, in slavery. I can only say that there is no man living, who wishes more sincerely than I do to see a plan adopted for the abolition of it, but there is only one proper and effective mode by which it can be accomplished and that is by legislative authority; and this as far as my suffrage will go shall never be wanting. On September 9, 1786, he writes to Mr. John F. Mercer: * I never mean unless some particular circumstance shall compel me to it, to possess another slave by purchase, it being among my 2 Ford, 2, 24. 3 Ibid., 2, 62.Of the Negroes 157 first wishes to see some plan adopted, by which slavery in this country may be abolished by law. Writing to the Marquis de la Fayette May 10, 1786,* he said: . Your late purchase of an estate in the Colony of Cayenne, with a view of emancipating the slaves on it is a generous and noble proof of your humanity. Would to God a like spirit might diffuse itself generally into the minds of the people of this coun- try. But I despair of seeing it. Some petitions were presented to the Assembly, at its last session for the abolition of slavery, but they could scarcely obtain a reading. To set the slaves afloat at once would, I really believe, be productive of much incon- venience and mischief, but by degrees it certainly might, and assuredly ought to be effected; and that too by legislative authority. To Sir John Sinclair, his noted English correspondent on agri- culture, he wrote from Philadelphia on December 11, 1796, a famous letter. In it he ascribes the greater increase in the value of farm lands in Pennsylvania over Virginia and Maryland, first to the denser settlement of the former, but also to this: “‘ because there are laws here for the gradual abolition of slavery, which neither of the two States above mentioned have at present, but which nothing is more certain than that they must have, and at a period not remote.” It was in this belief and faith that he sat him down less than three years later to indite the words in the second, third and fourth pages of his will, freeing his slaves, which the reader is besought to return to and carefully read again. These words were a confession of faith and code of conduct, as well as a sound and practical method for his beneficent pur- pose. By caring for them for life amply and wisely, young, old, infirm, competent and incompetent, with special recognition of faithful “ Billy ” Lee, he did his utmost and charged his estate with the burden. Just after he had completed the writing of his will and the inventory and history of all the Negroes in his charge, Washing- 4 Ford, 2, 26, 30.158 The Estate of George Washington, Deceased ton had occasion to write his nephew, Robert Lewis, manager of - his affairs in and about Fredericksburg, on this subject, and under date of August 17, 1799, said: To sell the overplus I cannot, because I am principled against this kind of traffic in the human species. To hire them out is almost as bad, because they could not be disposed of in families to any advantage, and to disperse the families I have an aversion. What then must be done? Something must or I shall be ruined; for all the money (In addition to what I raise by crops and rents) that have been received for lands sold within the last few years to the amount of fifty thousand dollars has scarcely been able to keep me afloat.® It is not to be wondered at that the generous impulses and kindly feelings thus displayed were taken advantage of not only after his death, but during his lifetime. Washington had his share of the runaways and held strong feelings regarding their “bad” conduct and its effect on their fellows. It was difficult for even this kind and indulgent man to share fully the desire of a slave lusting for freedom. The story of the Kentucky slave held as a fugitive by the Ohio justice of the peace was not current then. The latter said to the former, “ You say you were well treated, not overworked, well fed, clothed and cared for. Now why did you want to run away?” “IT dunno, jedge, but my place there is still open, if you’d like to take it.” And it came about that shortly after Washington’s death Mrs. Washington’s life was made unhappy by the talk in the quarters of the good time coming to the ones to be freed as soon as she died. Many did not wait for the event but took their leave be- tween two days and followed the road toward the North Star. The so-called “ black laws ” of Virginia forbade the carrying out of Washington’s beneficent provision that the freed Negroes should be taught to read and write and the growing fears 5 Ford, 14, 195, 196.Of the Negroes 159 and prejudices made the life of freedmen in the State well-nigh impossible. However, most of them were faithful and trusted to the wisdom and prevision of “Old Marse Gin’l.” They stayed at Mount Vernon and performed such duties as the easy-going Lawrence Lewis and Bushrod Washington assigned to them. Those that were able and wanted to go when Mrs. Washington died were properly outfitted and the estate paid the bills. Those that remained were fed, sheltered, clothed, nursed and in due course buried, at its expense; a considerable sum was kept in- vested in bank stocks for their benefit for nearly thirty-three years, until the last survivor was gathered to his rest. The entries in the executors’ accounts are eloquent. Beginning December 29, 1800, Lawrence Lewis shows that he paid ‘“ Will, the shoemaker,” as Old Billy Lee was called, £3, “‘ as directed by 5 the will of General Washington,” and the payment was continued quarterly for many years until there came this entry, January 31, 1810, “Paid Dr. Dangerfield for attending Old Billy Lee $5 —” and soon after a charge for a coffin. Mr. Lewis’ first charge for the free Negroes was for the period prior to December 31, 1809, and is $1,645.05, while Bushrod Washington paid for pensioned Negroes from November, 1802, until May 31, 1811 — $792.7414. William Fitzhugh was paid for rent of land for the free Negroes prior to 1817, $216.99, and in 1818, $55.33. The expense for food and clothing paid by Mr. Lewis from January, 1803, to January, 1820, was $5,305.09. Landon, Mary and Jane survived until late in the twenties and their support at Mount Vernon never failed. Six free men were then still living outside on rented land, but later they were brought back, as their age and infirmities required more care for them. On December 31, 1829, Bushrod Washington’s last ac- count tells that Judy died in October, 1828, and that the funeral expenses of three pensioned Negroes were $12. The last sur- vivor was buried in 1833, a full generation after “ Old Marse Gin’ ” had planned and provided for his comfort and care. The160 The Estate of George Washington, Deceased total cost appears to have been $10,080.911% in money, besides the food and shelter supplied on the plantations. Most important, however, was the influence of Washington’s example. Manumission had been unusual before his time, except in individual cases, but now it became more customary at whole- sale. Men of sensibility and intelligence frequently, in Virginia and the border States, at least, gave freedom to many or all their slaves. Bushrod Washington became the president of the Na- tional Society whose purpose it was to encourage manumission and the settling of freedmen in Africa at Sierra Leone. Aboli- tion societies found aid and comfort in Washington’s example. But for the revolution in cotton growing and manufactures, the prohibition of the slave trade in 1808 by the constitutional proviso and the natural sentiment in favor of freedom would have succeeded in relieving the nation of the curse of slavery. That revolution and the profiteering that followed produced in- stead the attempt to enlarge and perpetuate it, which for sixty- five years engrossed and finally nearly wrecked the Union. As it was, Washington’s will was, nevertheless, carried out in respect to all his slaves. His hopes and wishes as to all others were only deferred, during a time in which his own influence, political and economic, suffered a partial eclipse. Since 1865 he has emerged again as the acknowledged counselor, guide and friend of the nation.Chapter XIV OF THE MINOR BEQUESTS Tue bequests of a purely personal nature which Washington made and which, compared with the money value of the others may be fairly considered of minor consequence, were nevertheless as characteristic of the man as any. He carefully discharged (on page ten of the will) the estate of his late and financially unfortunate brother Samuel, and also the estate of the latter’s son, Thornton, of the debt he held against both for lands once sold to a Mr. Pendleton, but which they had later in turn acquired and not paid for. Its value was a thousand pounds Virginia currency or four thousand dollars. He also provided that Samuel’s two younger sons, whom Wash- ington had educated and supported at school and college, should not be charged with the expense, which his ledger showed was about five thousand dollars. His brother-in-law, Bartholomew Dandridge, had become in- volved and died insolvent, owing Washington £425 in 1795. This was forgiven and the slaves held as security were assured to the widow of Dandridge for life and to her children for a reason- able time thereafter and then the slaves were to be free. Charles Carter, his niece’s husband, was assured of the title to certain lots in Fredericksburg and Colonel William Augustine Washington, of Wakefield, was given the chance to speculate in some lots and acres near Richmond, in which Washington had taken “a flier ” but not yet realized his hopes. To the Earl of Buchan he returned the gift received from him upon conditions which had proved embarrassing* as noted in Chapter IV. 1See letters from the Earl of Buchan in Sparks, X, 229 and 231. In the former he requests a portrait and with the latter he transmits the box. Washington maintained correspondence with him until his death.162 The Estate of George Washington, Deceased On pages seventeen, eighteen and part of nineteen of the will we find the touches of personal feeling and patriotic sentiment which Washington never failed to have and rightly show, though he kept both in controlled reserve. All his intimates among men and women outside his household are here remembered with sentimentally valuable gifts. His beloved younger brother Charles is to receive the gold- headed cane which Doctor Franklin bequeathed to the General. Charles was rich by the brother’s help and favor and received nothing else under the will, as it expressly stated, though ample gifts were made to his children. So he was distinguished by the gift of the staff which had supported the wisest man and great- est scientist of his day in America, and in turn had honored the bravest and the best. It was Charles’ misfortune not to live to benefit by that intention of his brother; he died in September, 1799. But the gift passed to his heirs as we shall shortly see. Two other canes, also gold-headed, he bequeathed to ‘“‘ the Chotanckers ” as they and their kin were known in the family. They were descendants of that Lawrence Washington, the brother of John Washington the immigrant, who came with him from England to the Rappahannock a hundred and forty years before, and who in later generations followed that river upward to its rich plantations on Chotanck Creek, where they settled and remain. The two of that day, Lawrence and Robert Washington, ‘the acquaintances and friends of my juvenile years ”, survived there and probably needed the help of canes or found them use- ful, for they had grown old with the General, whom they had followed through the wars. Likewise they enjoyed, no doubt, the thought of possessing “‘ the spy glasses which constituted part of my Equipage during the late war”, because as he prudently said, “They will be useful where they live ’— on the waterside. Doctor Craik, “ my compatriot in arms and old and intimate friend”, who received “my Bureau (or as the cabinet makers called it Tambour Secretary) and the circular chair, an ap- pendage of my study ”, was another of the ardent followers whose devoted friendship proved again the slander of coldness inOf the Minor Bequests 163 Washington. The doctor no doubt valued the expressions which accompanied the gift far beyond any patent of nobility or thing of moneyed worth. Mr. Callahan’ says: “ Dr. James Craik, the family physician of General Washington, was a Scotchman by birth, and came to America in 1750. Of all men, he probably enjoyed the most intimate acquaintance with the commander-in-chief. As surgeon of Fry’s regiment, he was with him in the Battle of the Great Meadows, occupied the same position under Braddock, par- ticipated in the Battle of Fort Duquesne, and for gallant and meritorious conduct on that occasion received thirty pounds from the Virginia Assembly. Through the whole war of the Revolu- tion the doctor was a member of Washington’s military family, was surgeon-general in the Continental Army, was in 1777 ap- pointed assistant director general of the hospital department of the army and when Cornwallis surrendered was director of the hospital corps at Yorktown. He nursed Braddock at Mononga- hela, Hugh Mercer at Princeton, John Custis at Eltham, and was with both the General and his wife Martha when they breathed their last at Mount Vernon. He was a zealous Mason and among the first to join the fraternity in Alexandria. His apron is among the treasures of the lodge. He died at his Country place *Vancluse’ near Alexandria, February 6, 1814, in the eighty- fourth year of his age.” Doctor David Stuart was given “ my large shaving and dress- ing table and my Telescope.” The table has been restored to Mount Vernon and the telescope is the most valued possession of the Armour Institute of Technology of Chicago, the last gift of its noble president, Doctor Frank W. Gunsaulus, made just before his sudden death in March, 1921. Doctor Stuart was another intimate friend of Washington, whom he accompanied throughout the Revolution. Later he married the widow of John Parke Custis, Washington’s stepson. He lived at Abingdon just at the turn of the Potomac in the District of Columbia below the Long Bridge. He was one of the commissioners of the Dis- 2 Callahan, “ Washington the Man and the Mason,” p. 317.164 The Estate of George Washington, Deceased trict appointed by Washington to lay out the Capital City and build the government buildings and assisted in laying the corner stone of the Capitol. The Bible in three large folio volumes, with notes which the Bishop of Sodor and Man had presented to Washington, the latter bequeathed to his neighbor and friend of fifty years, the Reverend Mr. Fairfax — now Bryan, Lord Fairfax. This gentle- man was the son of Colonel William Fairfax and the younger brother of George William Fairfax, of Belvoir, who had been the patrons of Washington in his boyhood days and taught him surveying. Bryan had been for years the rector of Christ Church in Alexandria and Washington had been one of his vestrymen. Despite the fact that the reverend gentleman had been a frank but unobtrusive Royalist during the Revolution, he held his pastorate and his neighbors’ respect and the regard of his old- time friend. When he succeeded to the peerage and went to England to present his claim in May, 1798, Washington fur- nished him with a number of letters of introduction, among others to the Earl of Buchan and Sir John Sinclair, in which he testified to the high character and noble qualities of his friend. It happened that the latter was among the guests at Washington’s last dinner party two days before he died. Faiar- fax died in 1802. The Bible thus worthily bestowed has been restored to Mount Vernon. General de la Fayette was remembered with “a pair of finely wrought steel pistols taken from the enemy in the Revolutionary war.” To Hannah Washington, the widow of John A. Washington, and Mildred Washington, the widow of Charles Washington, his sisters-in-law; to Eleanor Stuart, the widow of John Parke Custis and now the wife of Doctor David Stuart; to Hannah Washington of Fairfield, the widow of his cousin Warner Wash- ington; and to Elizabeth Washington of Hayfield, the widow of his life-long friend and distant cousin, Lund Washington, who had preserved Mount Vernon in the Revolution, he gave “ each a mourning Ring of the value of one hundred dollars — TheseOf the Minor Bequests 165 bequests are not made for the intrinsic value of them, but as mementos of my esteem and regard.” Such emblems of sentiment and feeling it was customary for friends of a deceased person to purchase and wear as signs of mourning in the seventeenth, eighteenth and early nineteenth cen- turies, and many of them survive, especially in the neighborhood of Philadelphia and Baltimore. They were frequently made in very elaborate form, enameled in black and white with a bezel of heart shape filled with a lock of hair. It was often the desire of wealthy persons that their dearest friends ‘‘ should be at no expense for a mourning ring” which accounts for bequests like these.° Tobias Lear received the life use of a farm of about three hundred and sixty acres adjoining the home place of Mount Vernon. It formed a part of the two thousand and twenty-seven acres which Washington devised to George Fayette Washington and Lawrence Augustine Washington, who were Lear’s stepsons. He was at the time of Washington’s death his military secretary and held the rank of colonel in the United States army. He had been engaged as the tutor of Nellie and George Custis in 1785 and from that time forth was a member of the family. During the presidency he was Washington’s private secretary and major- domo, attending to all his personal affairs. He returned with him to Mount Vernon as his business manager and intimate friend and received his last words. He had married the widow of Wash- ington’s nephew, George Augustine, and upon her death he mar- ried Frances Dandridge Henley, a niece of Mrs. Washington’s. His son was a favorite at Mount Vernon. After the death of Mrs. Washington, Lear followed the political fortunes of Thomas Jefferson, was appointed Consul of the United States to Tripoli by him, where he served from 1803 to 1814 and then returned to Washington, where he died in 1816. It is he who has pre- served for us the account of Washington’s burst of grief and rage upon receiving the news of the ambush and defeat of St. Clair’s Army in Ohio in 1791, the first army equipped by the 8 Encyclopedia Britannica. Century Dictionary.166 The Estate of George Washington, Deceased United States. He was also the author of the memorial of the last illness, death and burial of Washington which is referred to in Chapter III. Washington’s mother, Mary Ball Washington, had a kins- woman, Elizabeth Ball Haynie, living in or near Fredericks- burg, who became a pensioner of Washington during the Revolu- tion. Mrs. Haynie died in 1796, and thereafter her daughter Sallie Ball Haynie succeeded to his benevolence and was offered a home at Mount Vernon.® Miss Haynie did not go to Mount Vernon but reported her needs and progress to her benefactor from time to time in letters which are preserved ° and in which she evidences her gratitude plus a decided preference for phonetic spelling, addressing him on one occasion as “ My deair and af- fectionate frend and wellwicher ” and closing, ‘I have nothing more to wright only I remain single yet. I ever remains yours til death. Sallie B. Haynie.” 'The result was a bequest of three hundred dollars, which Lawrence Lewis shows in his account was paid to her on October 5, 1801, as £90, Virginia currency. The bequests to Sarah Green, the daughter of Thomas Bishop, and Ann Walker, daughter of John Alton, who next received one hundred dollars each, both “in consideration of the attach- ment of their father to me, each of whom have lived nearly forty years in my family ”, showed Washington’s continuing interest in the descendants of his old servants and companions of the French and Indian War. Bishop had been bequeathed to him by the dying Braddock and Alton was another of his type, and both had lived at Mount Vernon to a ripe old age, preceding the master by a few years only to their last home. Their daughters lived in Alexandria. The executor’s account shows that they were paid on June 10 and December 18, 1801, respectively. The final bequest was that of his five swords to his five nephews with the famous admonition about their use (see p. 59). Four of these have been returned by patriotic donors to the place at Mount Vernon which they held in Washington’s lifetime. The 4 Sparks, XII, 263. 5 Ford, 13, 40, 41. 6 Washington Mss., L. C., Docs. 38277 and 38923.Of the Minor Bequests 167 fifth sword, and the cane of Franklin, bequeathed by Washington to his brother Charles, came into the possession of the United States in 1845 and until 1922 were in the State Department, when in pursuance of a joint resolution of Congress they were trans- ferred to the Smithsonian Institution for safe keeping and ex- hibition in the National Museum at Washington as the Secretary of State had no appropriate place for their exhibition. The circumstances under which the Nation acquired these precious relics are fully set forth in a Congressional document which forms Appendix IX. The cane bequeathed to Richard Washington, mentioned on page 162 ante, is now in the possession of Lloyd W. Smith, Esq., of New York. (See Addendum.)Chapter XV OF THE ALEXANDRIA ACADEMY In this and the two following chapters (on the Liberty Hall Academy, now Washington and Lee University, and the National University) the reader may be somewhat wearied by their length and documentary character. They have been made so delib- erately. The purpose is to present the full history of Wash- ington’s continued efforts in the interest of universal republican education, primary, secondary and collegiate, his pioneer work in this most important field. These efforts show that his mind was always on the general and eternal welfare of the nation, that he always thought con- tinentally, and that he sought practical achievement through the instruction of its youth. Once a political idea was fixed in Wash- ington’s mind as desirable and possible, then his engineer’s passion was aroused and he set himself persistently to work out its accom- plishment by practical methods. This was his peculiar genius. He was enterprising, thorough, patient and persistent. On the subject of education his views had gradually taken the form of a system and he did his utmost to express, implant and insure it during his life; and again, when he wrote his will, he contemplated the future of the nation and his own final effort before being removed from the scene. It engaged his attention and constructive thought immediately after the provisions for his wife and his slaves, and fully six pages of his will were devoted to setting forth his ideas in regard to it. He enforced these in the very practical way of making gifts for three establishments, of which the fund for the free education of orphaned or poor children at the Alexandria Academy was the first.WASHINGTON SCHOOL, ALEXANDRIAf t { i ; 1 { } ’ | i ! i i Hi ‘ i \ } : { ! iOf the Alexandria Academy 169 The idea was no new thing with him. In fact, this fund was begun by him in 1785, At that time there was no free-school system in Virginia. Before the Revolution the Established Church government of the parishes, which constituted the local political units, maintained schools of a sort, but charging fees, in connection with many of the churches. These were taught by the rectors or curates and varied much, according to the men and means available. Washington, until he was twelve, attended two such schools, one near and the other in Fredericksburg. Only the well-to-do were in the habit of sending their children to these and the very few other “ pay ” schools. Boys usually were sent longer than girls, but the children of the poor went very little or not at all. The effect of this was that the poor whites gradually deteriorated and sank until they became the dregs of the com- munity. They were looked upon with mixed feelings of pity and contempt, not alone by their more fortunate fellow whites but also by the industrious slaves. Their number was increasing; their shiftlessness, their drinking and criminal tendencies made them a menace to the community. The disestablishment of the Church during the Revolution, the poverty of the people after the war and the general disorgani- zation in social as well as political affairs which followed, now made the school problem an acute one for the well-to-do also. In Alexandria, Washington joined with a dozen or more of the public-spirited residents in establishing the Alexandria Academy, an ordinary elementary school, and on September 7, 1785, he laid the corner stone of a modest building for its use, at the corner of Washington and Wolfe streets, with the aid of the Alexandria Lodge of Freemasons, of which he was a member. The building was a two-story brick structure, about twenty by thirty feet, containing but two rooms, capable of accommodating thirty pupils each. It was probably on the occasion of this ceremony that Wash- ington verbally communicated to the trustees of the academy the proposition which he put in writing soon after in the following letter ;170 The Estate of George Washington, Deceased 17 December 1785. To the Trustees of the Alexandria Academy Gentlemen, That I may be perspicuous and avoid misconception the proposition which I wish to lay before you is committed to writing, and is as follows. It has long been my intention to invest, at my death, one thou- sand pounds, current money of this State in the hands of trustees, the interest only of which to be appropriated in instituting a school in the town of Alexandria, for the purpose of educating orphan children, who have no other resource, or the children of such indigent parents as are unable to give it; the objects to be considered and determined by the trustees for the time being, when applied to by the parents or friends of the children who have pretentions to the provision. It is not in my power at this time to advance the above sum but that a measure that may be productive of good may not be delayed, I will until my death, or until it shall be more convenient for my estate to advance the principal, pay the interest thereof, to wit, fifty pounds annually. Under this state of the matter, I submit to your consideration the practicability and propriety of blending the two institutions together, so as to make one seminary under the direction of the president, visitors or such other establishment as to you shall seem best calculated to promote the objects in view and for pre- serving order regularity and good conduct in the academy. My intention, as I have before intimated, is that the principal sum shall never be broken in upon, the interest only to be applied for the purposes above mentioned. It was also my intention to apply the latter to the sole purpose of education, and to that kind of education, which would be the most extensively useful to the lower classes of citizens, namely reading writing and arithmetic, so as to fit them for mechanical purposes. The fund, if confined to this, would comprehend more subjects, but if you shall be of opinion, that the proposition which I now offer can be made to comport with the institution of the school which is already established, and approve of the incorporation of them in the manner before mentioned, and thereafter, upon a full consideration of the matter, should conceive that this fund would be more advantageously applied toward the clothing and schooling, than solely the latter, I will acquiesce in it most cheerfully ; and I shall be ready as soon as the trustees are estab- lished upon a permanent footing, by deed or other instrument of writing to vest the aforesaid sum of one thousand pounds inOf the Alexandria Academy 171 them and their successors forever, with powers to direct and manage these my declared intentions.’ The record of the Academy shows that: At a meeting of the Trustees, on Saturday the 17th December 1785, present William Brown, President, Benjamin Dulany, William Hartshorne, James Hendricks, John Fitzgerald, Samuel Hanson, Charles Lee. General Washington’s letter to the Trustees bearing date this 17th December, 1785, being read: Resolved that the proposition therein contained be approved and accepted, and that an answer thereto be written by the Presi- dent signifying the same. Ordered that the said letter and the Trustees’ answer be copied and inserted on the minutes. December 17, 1785. To his Excellency General Washington: Sir: The Trustees of the Alexandria Academy having consid- ered your proposal of investing one thousand pounds in their hands for the purpose of educating orphan and other poor chil- dren, the interest thereof, viz: fifty pounds per annum to be paid in the meantime and applied to that purpose, are unanimously of the opinion that the proposal as set forth in your letter of this date, addressed to them is very consistent with the institution of the Academy as already formed, and we are ready to accept the same engaging on their part to do everything in their power to comply fully with your benevolent intentions. By Order Wm. Brown, President. Each year thereafter, as his books show, Washington paid to the trustees fifty pounds Virginia currency. By the act of the Virginia legislature passed in October, 1786, the academy was chartered “ and made a body corporate and politick, by the name of the Trustees of the Alexandria Academy. They shall have power and capacity to” own property and “ to make such bye-laws and ordinances as they shall think best for the good government of said academy . . . not inconsistent with 1 Sparks, IX, 151. Ford, 11, 16.172 The Estate of George Washington, Deceased the laws and constitution of this commonwealth”, and the first board of trustees shall be “‘ George Washington, William Brown, David Stuart, John Fitzgerald, Charles Lee, William Baker, Isaac S. Keith, Samuel Hanson, James Hendricks, William Hartshorne, Josiah Watson, Benjamin Dulany, and Charles Simms, gentlemen.” * The trustees being thus “ established upon a permanent foot- ing,” as his letter cautiously required and the school having been satisfactorily administered for more than a dozen years under his eyes, Washington proceeded in his will to make good the permanence of his annual gift by a bequest of four thousand dollars in the stock of the Bank of Alexandria.* The accounts of the executors show that until Mrs. Washing- ton’s death the income was paid to the trustees and that upon the division of the estate after her death, in 1802, the fund was delivered to the trustees.* The building built in 1785 was for many years used for the general purposes of the academy, and the trustees supplied there the instruction afforded by the fund until free schools for all citizens were instituted, when the building passed to the school fund of the city in place of the Washington fund. The building still stands and its land is now part of the larger grounds of the public-school system. The old academy became private property after many years. Robert E. Lee was, perhaps, its most famous pupil. It ceased to function many years ago, but the Washington School is still at work. 2Henning’s Statutes of Virginia, XII, 392. 3 See page four of the Will, Chapter V. 4 An account of the Bank of Alexandria is part of Chapter XI, entitled, “Of the Bank Stocks.”Chapter XVI OF LIBERTY HALL ACADEMY “THe hundred shares which I held in the James River Com- pany I have given and now confirm in perpetuity to and for the use and benefit of Liberty Hall Academy in the County of Rock- bridge, in the Commonwealth of Virga.” In these words Washington, on page ten of his will, closed the following chapter. In the latter part of 1784 after his return from a trip to the Ohio, Washington persuaded the legislatures of Virginia and Maryland to codperate in an improvement of the Potomac River, and the former included the James River in its plans. The vast political and commercial importance of binding the great valleys of the West to the coastal colonies after the former became national property was quickly appreciated under the influence of Washington’s careful report of his survey, eloquently described in his famous letter to Governor Benjamin Harrison, dated October 10, 1784.7 Separate acts for the two projects were passed by the Legis- lature of Virginia and the one relating to the Potomac River was duplicated in Maryland. Each State subscribed a substantial sum towards the enterprise in the capital stock of the Potomac Company, which was organized for the purpose indicated by its name, and Washington was chosen its president. The State of Virginia subscribed a like amount to the capital stock of the James River Navigation Company, of which Washington was likewise chosen president. To the former company he gave his best endeavors and for four years devoted much time and energy to its success. ‘To the other he could only give counsel and some direction. 1 Sparks, IX, 58. Ford, 10, 402.174 The Estate of George Washington, Deceased When Washington had succeeded in obtaining the coéperation of both States in launching these enterprises, the Legislature of Virginia in the last days of its session, without Washington’s knowledge and when no message of refusal could impede its pur- pose, passed an act directing the treasurer of the commonwealth to subscribe the sum of twenty thousand dollars to the capital stock of each of the companies authorized by the State to con- struct the works in contemplation, being one hundred shares of two hundred dollars each in the James River Navigation Company and fifty shares of one hundred pounds sterling each in the Potomac Company, then also worth twenty thousand dollars. These shares the act directed should be placed in the name of George Washington and presented to him as a token of the appreciation of the State of his merits and his services to the nation. The preamble of the act recites: Whereas it is the desire of the representatives of this common- wealth to embrace every suitable occasion of testifying their sense of the unexampled merits of George Washington, esquire, towards his country, and it is their wish in particular that those great works for its improvement, which both as springing from the liberty which he has been so instrumental in establishing, and as encouraged by his patronage, will be durable monuments of his glory, may be made monuments also of the gratitude of his country. Be it enacted .. .’” Washington was greatly embarrassed by this action. In reply to Governor Harrison who notified him of it he wrote: It is not easy for me to decide by which my mind was most affected upon the receipt of your letter of the sixth instant, sur- prise or gratitude. Both were greater than I had words to express. The attention and good wishes which the assembly has evidenced by their act for vesting in me one hundred and fifty shares in the Navigation of the rivers Potomac and James is more than a mere compliment.— There is an unequivocal and substantial meaning annexed. But, believe me sir, no circum- stance has happened since I left the walks of public life which 2 Henning’s Statutes of Virginia, XI, 5265.Of Liberty Hall Academy 175 has so much embarrassed me. On the one hand, as I have already observed, is a noble and unequivocal proof of good opinion, the affection, and disposition of my country to serve me, and I should be hurt, if by declining the acceptance of it, my refusal should be construed into disrespect, or the smallest slight upon the gen- erous intention of the legislature; or that an ostentatious display of disinterestedness, or public virtue, was the source of refusal. On the other hand, it is really my wish to have my mind and my actions, which are the result of reflection, as free and in- dependent as the air, that I may be more at liberty (in things which my opportunities and experience have brought me to the knowledge of) to express my sentiments and if necessary, to suggest what may occur to me, under the fullest conviction that although my judgment may be arraigned, there will be no sus- picion that sinister motives had the smallest influence in the sug- gestion. Not content then with the bare consciousness of my having in all this navigation business, acted upon the clearest conviction of the political importance of the measure, I would wish that every individual who may hear that it was a favorite plan of mine, may know also, that I had no other motive for pro- moting it, than the advantage which I conceived it would be productive to the union at large, and to this state in particular, by cementing the eastern and western territory together, at the same time that it will give vigor and increase to our commerce, and be a convenience to our citizens. How would this matter be viewed then by the eye of the world, and what opinion would be formed when it comes to be related that G. Wn. exerted himself to effect this work, and the G. Wn. has received twenty thousand dollars and five thousand pounds sterling of the public money as an interest therein? Would not this (if I am entitled to any merit for the part I have performed, and without it there is no foundation for the act) deprive me of the principal thing which is laudable in my conduct? Would it not in some respects be considered in the same light as a pension? And would not the apprehension of this induce me to offer my sentiments in future with the more reluctance? In a word under whatever pretence, and however customary these gratuities may be in other countries, should I not thenceforward be considered as a dependent? One moment’s thought of which would give me more pain than I should receive pleasure from the product of all the tolls, was every farthing of them vested in me.° 3 Sparks, IX, 83. Ford, 10, 433.176 The Estate of George Washington, Deceased He deliberated in what form he could best decline the gift with- out offending and finally he wrote to Patrick Henry, then Gov- ernor of Virginia: * October 29, 1785. Sir: Your Excellency having been pleased to transmit to me a copy of the act, appropriating for my benefit certain shares in the companies for opening the navigation of James and Potomac Rivers, I take the liberty of returning to the General Assembly, through your hands, the profound and grateful acknowledgments inspired by so signal a mark of their beneficent intentions towards me. I beg you, Sir, to assure them, that I am filled on this occasion with every sentiment, which can flow from a heart warm with love for my country, sensible to every token of its appro- bation and affection, and solicitous to testify in every instance a respectful submission to its wishes. With these sentiments in my bosom, I need not dwell on the anxiety I feel in being obliged in this instance to decline a favor, which is rendered no less flattering by the manner in which it is conveyed, than it is affectionate in itself. In explaining this observation I pass over a comparison of my endeavours in the public service with the many honorable testimonies of approva- tion, which have already so far overrated and overpaid them; reciting one consideration only, which supersedes the necessity of recurring to any other. When I was first called to the station, with which I was honored during the late conflict for our liberties, to the diffidence which I had so many reasons to feel in accepting it, I thought it my duty to join a firm resolution to shut my hand against every pecuniary recompense. To this resolution I have invariably adhered, and from it, if I had the inclination, I do not feel at liberty now to depart. Whilst I repeat, therefore, my fervent acknowledgments to the legislature for their very kind sentiments and intentions in my favor, and at the same time beg them to be persuaded, that a remembrance of this singular proof of their goodness towards me will never cease to cherish returns of the warmest affection and gratitude, I must pray that their act, so far as it has for its object my personal emolument, may not have its effect. But if it should please the General Assembly to permit me to turn the des- tination of the fund vested in me, from my private emolument, 4Sparks, IX, 142. Ford, 11, 4.Of Liberty Hall Academy 177 to objects of a public nature, it will be my study in selecting these to prove the sincerity of my gratitude for the honor con- ferred on me, by preferring such as may appear most subservient to the enlightened and patriotic views of the legislature. With great respect and consideration, I have the honor to be &c. After this letter had been read, the legislature passed an act withdrawing the donation, and adding, “ That the said shares, with the tolls and profits hereafter accruing therefrom, shall stand appropriated to such objects of a public nature, in such manner and under such distributions, as the said George Wash- ington, by deed during his life, or by his last will and testament, shall direct.” ° The letter is printed in the preamble to the statute. In writing to Mr. Madison on the subject, at the time he sent the letter to the governor, he said: Conceiving it would be better to suggest a wish, than to propose an absolute condition of acceptance, I have so expressed myself to the Assembly; and I shall be obliged to you, not only for in- formation of the result, but (if there is an acquiescence on the part of the country) for your sentiments respecting the appro- priations. From what may be said on the occasion, you will learn what will be most pleasing, and of the greatest utility to the public. While thinking of the matter during the preceding summer Washington had written to Edmund Randolph: ° July 30, 1785. Sir: Although it is not my intention to derive any pecuniary adyan- tage from the generous vote of the Assembly of this State, in consequence of its gratuitous gift of shares in the navigation of each of the rivers Potomac and James; yet, as I consider these undertakings of vast political and commercial importance to the States on the Atlantic, especially to those nearest the centre of the Union, and adjoining the western territory, I can let no act of mine impede the progress of the work. I have therefore come to the determination to hold the shares, which the treasurer was directed to subscribe for on my account, in trust for the use and 5 Henning’s Statutes of Virginia, XII, 44. 6 Sparks, IX, 116. Ford, 10, 481.178 The Estate of George Washington, Deceased benefit of the public; unless I should be able to discover, before the meeting of the Assembly, that it would be agreeable to it to have the product of the tolls arising from these shares applied as a fund, on which to establish two charity schools, one on each river, for the education and support of the children of the poor in this country, particularly the children of those men of this description, who have fallen in the defence of the rights and lib- erties of it. If the plan succeed, of which I have no doubt, I am sure it will be a very productive and increasing fund and the moneys thus applied will be a beneficial institution. Cautious as ever he took no action which might raise false hopes and so he permitted the work of the James River Navi- gation Company to go on until it seemed probable to become profitable and the shares productive. In the meantime much water had gone under the bridges. Ten years had elapsed and in more than six of them Washington, practically, had not been a resident of Virginia. He had been deeply engrossed in the labors of the presidency, intent upon the upbuilding of a great, unique Federal republic and its defense against foreign entangle- ments and assaults. But he now pressed upon Congress and the Commissioners of the District of Columbia his plan of an American university edu- cation for American youths. With this uppermost in his mind his thoughts recurred to the James River Company shares and his earlier plans for primary and secondary education as steps to the main end. He wrote to Governor Robert Brooke of Vir- ginia in pursuit of his idea: * Philadelphia 16 March 1795. Sir: Ever since the General Assembly of Virginia were pleased to submit to my disposal fifty shares in the Potomac, and one hun- dred in the James River Company, it has been my anxious desire to appropriate them to an object most worthy of public regard. It is with indescribable regret, that I have seen the youth of the United States migrating to foreign countries, in order to acquire the higher branches of erudition, and to obtain a knowl- edge of the sciences. Although it would be injustice to many to pronounce the certainty of their imbibing maxims not congenial 7 Sparks, XI, 22. Ford, 13, 52.Of Liberty Hall Academy 179 with republicanism, it must nevertheless be admitted, that a serious danger is encountered by sending abroad among other political systems those, who have not well learned the value of their own. The time is therefore come, when a plan of universal education ought to be adopted in the United States. Not only do the exigencies of public and private life demand it, but, if it should ever be apprehended, that prejudice would be entertained in one part of the Union against another, an efficacious remedy will be, to assemble the youth of every part under such circumstances as will, by the freedom of intercourse and collision of sentiment, give to their minds the direction of truth, philanthropy, and mutual conciliation. It has been represented, that a university corresponding with these ideas is contemplated to be built in the Federal City, and that it will receive considerable endowments. This position is so eligible from its centrality, so convenient to Virginia, by whose legislature the shares were granted and in which part of the Federal District stands, and combines so many other conven- iences, that I have determined to vest the Potomac shares in that university. Presuming it to be more agreeable to the General Assembly of Virginia, that the shares in the James River Company should be reserved for a similar object in some part of that State, I intend to allot them for a seminary to be erected at such place as they shall deem most proper. I am disposed to believe, that a seminary of learning upon an enlarged plan, but yet not coming up to the full idea of a university, is an institution to be pre- ferred for the position which is to be chosen. 'The students, who wish to pursue the whole range of science, may be rendered co- operative with the latter. I cannot however dissemble my opinion that if all the shares were conferred on a university, it would become far more im- portant, than when they are divided; and I have been constrained from concentrating them in the same place, merely by my anxiety to reconcile a particular attention to Virginia with a great good, in which she will abundantly share in common with the rest of the United States. I must beg the favor of your Excellency to lay this letter be- fore that honorable body, at their next session, in order that I may appropriate the James River shares to the place which they may prefer. They will at the same time again accept my ac- knowledgments for the opportunity, with which they have favored180 The Estate of George Washington, Deceased me, of attempting to supply so important a desideratum in the United States as a university adequate to our necessity, and a preparatory seminary. With great consideration and respect, eamesirs s . - This letter was accordingly communicated by the Governor of Virginia to the Assembly at their next session, when the following resolves were passed: In the House of Delegates, 1 December 1795.8 Whereas the migration of American youth to foreign countries, for the completion of their education, exposes them to the danger of imbibing political prejudices disadvantageous to their own republican forms of government, and ought therefore to be ren- dered unnecessary and avoided ; Resolved, that the plan contemplated of erecting a university in the Federal City where the youth of the several States may be assembled, and their course of education finished, deserves the countenance and support of each State. And whereas, when the General Assembly presented sundry shares in the James River and Potomac Companies to George Washington, as a small token of their gratitude for the great, eminent, and unrivalled services he had rendered to this common- wealth, to the United States, and the world at large, in support of the principles of liberty and equal government, it was their wish and desire that he should appropriate them as he might think best; and whereas, the present General Assembly retain the same high sense of his virtues, wisdom, and patriotism ; Resolved, therefore, that the appropriation by the said George Washington of the aforesaid shares in the Potomac Company to the university, intended to be erected in the Federal City, is made in a manner most worthy of public regard, and of the approba- tion of this commonwealth. Resolved, also, that he be requested to appropriate the afore- said shares in the James River Company to a seminary at such place in the upper country, as he may deem most convenient to a majority of the inhabitants thereof. By this action the matter was again referred back to Wash- ington’s discretion and we are told that the friends of an insti- tution known as Liberty Hall at Lexington in the upper Shenan- doah Valley brought its claims to his attention. 8 Sparks, XI, 24, note.Of Liberty Hall Academy 181 The history of Liberty Hall prior to that time was briefly this. It was a classical school established by Robert Alexander in 1749, named Augusta Academy and patronized by the early settlers of the Valley of Virginia. During its infancy it was sus- tained by its founder who secured a charter from the legislature in 1782. It was then named Liberty Hall and was removed into the neighborhood of Lexington. Here it led a somewhat pre- carious existence and Mr. Graham, the rector, was about to resign when the suggestion of the donation came as hope of relieving financial embarrassments.® The narrative is: General Andrew Moore of Rockbridge and General Francis Preston of Washington County, who were then representatives in Congress from western Virginia called the attention of the illus- trious patron of learning to Liberty Hall Academy as a suitable object of his donation, and then General Moore wrote to the rector, Mr. Graham, suggesting that they should apply to General Washington for the donation. When Mr. Graham received the information he promptly called a meeting of the trustees to act upon the information he had received. . . . They prepared and forwarded an address to President Washington in Philadelphia. . .. They gave him a sketch of the institution and pointed out the convenience of its situation and the extent of its present means for the education of youth. They stated that the buildings were capable of ac- commodating between forty and fifty students, and that the whole property of the academy was worth nearly two thousand pounds. Mr. Graham . . . drew a map of upper Virginia and sent it with the address, that the illustrious donor might see at a glance the central situation of Liberty Hall in relation to the country which the institution to be endowed was to accommodate. The reasons assigned by the trustees were good and therefore pre- vailed. In September 1796, the Father of his Country officially communicated to Robert Brooke, governor of Virginia, his de- cision in favor of Liberty Hall Academy. The donation was subsequently confirmed by a deed of conveyance. 9 “ Historical Papers No. 1”, 1890. Washington and Lee University. “The Early History of Washington College, now Washington and Lee University ”, by Rev. Henry Huffner, D.D., LL.D., late President of the College.182 The Estate of George Washington, Deceased The trustees of the academy were notified of the gift by the Governor of Virginia and wrote their thanks and announced the public evidence of their gratitude (by changing the name of the institution to Washington College) in this letter to Washington: Washington Academy *° Apr. 12, 1798. Sir, It was not earlier than September 1797, that we were officially informed of your liberal donation to Liberty Hall Academy. Permit us, as its immediate guardians, to perform the pleasing duty of expressing those sentiments of gratitude which so gen- erous an act naturally inspires. We have long been sensible of the disadvantages to which literary institutions are necessarily subjected whilst dependent on precarious funds for their support. Reflecting particularly on the many difficulties through which this seminary has been conducted since the first moments of its exist- ence, we cannot but be greatly affected by an event which secures to it a permanent and independent establishment. Convinced, as we are, that public prosperity and security are intimately con- nected with the diffusion of knowledge, we look around with the highest satisfaction on its rapid advances in these United States; unfeignedly rejoicing that the citizen who has long been distin- guished as the asserter of the liberties of his country, adds to this illustrious character the no less illustrious one, of Patron of the Arts and Literature. And we trust that no effort will be wanting on our part to encourage whatever branches of knowl- edge may be of general utility. That you may long enjoy, besides the uninterrupted blessings of health and repose, the superior happiness which none but those who deserve it can enjoy, and which arises from the reflection of having virtuously and eminently promoted the best interests of mankind, is the fervent prayer of the trustees of Washington Academy, late Liberty Hall. By order of the Board, SamuEeL Hovston, Clerk. His Excellency, George Washington, Late President of the United States. 10 L. C., W. Mss., Vol. 288, 38439.Of Liberty Hall Academy 183 To which General Washington returned the following answer, the autograph of which is carefully preserved in Washington College. Mount Vernon, June 17, 1798. Gentlemen, — Unaccountable as it may seem it is nevertheless true, that the address with which you were pleased to honor me, dated the 12th of April, never came to my hands until the 14th inst. To promote literature in this rising empire, and to encourage the arts, have ever been amongst the warmest wishes of my heart. And if the donation, which the generosity of the Legislature of the Commonwealth of Virginia has enabled me to bestow on Lib- erty Hall, now by your politeness called Washington Academy, is likely to prove a means to accomplish these ends, it will con- tribute to the gratification of my desires. Sentiments like those which have flowed from your pen, excite my gratitude, whilst I offer my best vows for the prosperity of the academy and for the honor and happiness of those under whose auspices it is conducted. Grorce WasHINGTON. At the time this donation was made the stock was real estate and passed by deed. The trustees prepared a deed, and sent it by Mr. James Gold, then a merchant of Lexington, who was on his way to Philadelphia to buy goods.** He went by Mount Vernon and presented it to General Washington, who on reading it and observing that it was with general warranty, took up his pen and struck out the word “ general” and inserted “ special ”, remarking that as he was giving the stock the trustees ought to be satisfied with a deed with special warranty. The deed was executed and recorded in the auditor’s office, but the book in which it was recorded is missing from the office. The later story of Washington College, until the Civil War stopped its activities, is part of the history of Virginia. Its work was resumed in the summer of 1865 and then General Robert E. Lee was elected its president. He refused great financial in- ducements in commerce, preferring this, and having no money, gave himself for life to its service. Its endowment by Washing- 11 L. C., November 14, 1798, Vol. 292, p. 39169, W. Mss.184 The Estate of George Washington, Deceased ton, enlarged by the contribution of twenty-three thousand dollars by the Society of the Cincinnati and other generous patrons, enabled it to go on, until the death of its illustrious president in 1870 made it a shrine. Since then it has flourished under the name of Washington and Lee University and justly claims distinction for the quality of its service and the character, if not the great number, of its graduates, trained for leadership. Less than one third of its student body now comes from Virginia and three fourths of the States of the Union are represented. Its chief characteristic is its absolute independence of state or denominational control. Three fourths of its endowment has come from residents north of Mason and Dixon’s Line. This enabled its slow but sure development along modern lines of uni- versity work. For generations the honor system has been a dis- tinguishing feature of its student self-government and its appli- cations cover almost the whole of the student’s daily routine. “The doors of all the administrative offices,” we are told, “ reci- tation rooms, library, stock-rooms, laboratories, etc., stand un- locked day and night, while the ‘honor-system store’ on the campus, with an open cash register and no clerk, treasurer, or guardian, is the wonder and admiration of every visitor.” ” The claim to leadership in war and in peace justly made on behalf of its small but valuable alumni (from an average student attend- ance of less than three hundred since the Civil War) is truly remarkable. At present several weeks before the opening of the term the maximum number of new students which it is possible to receive usually has been reached and the corps of professors and labora- tory equipment are sufficient for the training of only five hundred men, with six hundred as a possible maximum. It must there- fore consistently subordinate numbers to quality, train its men for leadership and reject for their own sake those who are morally or intellectually unprepared, while it seeks throughout the wide area of its patronage and influence those whose character and 12 Washington and Lee University Bulletin, XX, January 2, 1921.Of Liberty Hall Academy 185 ability have already marked them for future influence and service and made them quick to feel the inspiration of great names and ennobling association. It stands well outside the streams of politics and commercialism and has a sphere and service of its own. In this it truly fulfills the purpose and hope of its greatest benefactors, Washington and Lee. It deserves and should receive much greater financial endowment, commensurate with the history of its foundation, its past, and its opportunities.Chapter XVII OF THE NATIONAL UNIVERSITY Tus was the chief object of Washington’s interest in public education and it received treatment in the longest section of his will. He devoted four pages to the subject and he made to it his largest bequest, five thousand pounds sterling or between twenty-two and twenty-three thousand dollars at the then pre- vailing rate of exchange. He firmly believed that this large sum would suffice to induce the Federal Government sooner or later to find the means, legal and financial, to heed his urgent suggestions of the need of such an institution. He had been making these for a long time. When the Virginia Legislature consented to his diverting its generous gift of this stock, intended for him personally, he had planned to give it to some institution near Mount Vernon.’ There was none in exist- ence at the time, but two years later, the Constitutional Con- vention sitting at Philadelphia, of which he was president, afforded an opportunity. Consequently Mr. Madison, of Vir- ginia, who was Washington’s agent in presenting matters to the convention, moved to include among the enumerated powers of Congress the power “to establish and provide for a national university at the seat of government ”, but it was declared need- less as the power was already given to it to legislate on all subjects for the District. Washington in his address to Congress on January 8, 1790, being the second session of the first Congress under the Constitu- tion, urged “ that there is nothing which can better deserve your patronage than the promotion of science and literature. Knowl- edge is in every country the surest basis of happiness... . 1 See p. 179, ante.Of the National University 187 Whether this desirable object will be best promoted by affording aids to seminaries of learning already established, by the institu- tion of a National University or by other expedients will be well worthy of a place in the deliberations of the legislature.” ” It was too early however to expect action there, as all the great questions involved in the establishment of the govern- ment machine, the assumption of state debts and the building up of national, economic and foreign policies were pressing for decision. Five years later, however, the matter had taken practical form in Washington’s mind and he had found the agency through which he hoped for action. The Commissioners of the Federal District were his appointees, neighbors and friends. They were charged with the duty of laying out the Capital City on the Potomac and providing buildings there for public purposes. With them he worked and talked, and carried on a voluminous correspondence from Philadelphia, besides frequently visiting the embryo city in his trips to and from Mount Vernon. Doctor Stuart, Doctor Thornton and the other gentlemen who served on the commission, as well as Mr. Jefferson, the Secretary of State, who supervised their work, were all scholars and devotedly attached to the cause of learning. And so, as the selection of sites for public buildings progressed, one for a national university was included. On January 28, 1795 Washington at Philadelphia sent the Commissioners this letter: * Gentlemen, A plan for the establishment of a university in the Federal City has frequently been the subject of conversation; but, in what manner it is proposed to commence this important institution, on how extensive a scale, the means by which it is to be effected, how it is to be supported, or what progress is made in it, are matters altogether unknown to me. It has always been a source of serious reflection and sincere regret with me, that the youth of the United States should be sent to foreign countries for the purpose of education. Although there are doubtless many, under these circumstances, who escape 2Sparks, XII, 10. Ford, 11, 456, 457. 3 Ibid., XI, 14. Tbid:, 13, 36.188 The Estate of George Washington, Deceased the danger of contracting principles unfavorable to republican government, yet we ought to deprecate the hazard attending ardent and susceptible minds, from being too strongly and too early prepossessed in favor of other political systems, before they are capable of appreciating their own. For this reason I have greatly wished to see a plan adopted, by which the arts, sciences, and belles-lettres could be taught, in their fullest extent, thereby embracing all the advantages of European tuition, with the means of acquiring the liberal knowl- edge, which is necessary to qualify our citizens for the exigencies of public as well as private life; and (which with me is a con- sideration of great magnitude) by assembling the youth from the different parts of this rising republic, contributing from their intercourse and interchange of information to the removal of prejudices, which might perhaps sometimes arise from local circumstances. The Federal City, from its centrality and the advantages, which in other respects it must have over any other place in the United States, ought to be preferred, as a proper site for such a university. And if a plan can be adopted upon a scale as ex- tensive as I have described, and the execution of it should com- mence under favorable auspices in a reasonable time, with a fair prospect of success, I will grant in perpetuity fifty shares in the navigation of the Potomac River towards the endowment of it. What annuity will arise from these fifty shares, when the navi- gation is in full operation, can at this time be only conjectured ; and those, who are acquainted with it, can form as good a judg- ment as myself. As the design of this university has assumed no form with which I am acquainted, and as I am equally ignorant who the persons are, who have taken or are disposed to take the maturing of the plan upon themselves, I have been at a loss to whom I should make this communication of my intentions. If the Commissioners of the Federal City have any particular agency in bringing the matter forward, then the information, which I now give to them, is in its proper course. If, on the other hand, they have no more to do in it than others, who may be desirous of seeing so im- portant a measure carried into effect, they will be so good as to excuse my using them as the medium for disclosing these my intentions; because it appears necessary that the funds for the establishment and support of the institution should be known to the promoters of it; and I see no mode more eligible for announc-Of the National University 189 ing my purpose. For these reasons, I give you the trouble of this address and the assurance of being, Gentlemen, &c.* This received the hearty approval and coéperation of the commission. Finally a site extending south of Washington Circle along and between Twenty-second Street and Twenty-fifth Street to the high land known as Peter’s Hill, overlooking the Potomac River, was selected. It was approved by the President in a letter dated October 21, 1796, in which he wrote: Had not those obstacles opposed themselves to it, which are enumerated by one of the commissioners, I should, for reasons which are now unnecessary to assign, have given a decided prefer- ence to the site, which was first had in contemplation for a uni- versity in the Federal City. But, as these obstacles appear to be insurmountable, the next best site for this purpose, in my opinion, is the square surrounded by numbers twenty-one, twenty-two, thirty-four, forty-five, sixty to sixty-three, and I decide in favor of it accordingly. Then on November 21, 1796, the Commissioners addressed Congress in a memorial on the subject. They set forth the Presi- dent’s action in offering to donate the Potomac stock and sug- gested that a law be passed authorizing the proper persons to receive donations of money and land for a university. The memorial was referred to a committee and received a favorable report which was presented to the House by Mr. Madison. This was discussed, but not acted on.° Despite Congressional lethargy Washington persisted and in his last address to both houses of the Congress on December 7, 1796, he recurred to the matter in these words: I have heretofore proposed to the consideration of Congress, the expediency of establishing a national university, and also a military academy. The desirableness of both these institutions has so constantly increased with every new view I have taken of 4In a letter to Alexander Hamilton, Washington wrote, “I have not the smallest doubt that this donation, when navigation is in complete operation, which it will be in less than two years, will amount to £1200 or £1500 of sterling a year and become a rapidly increasing fund.” “ Works of Hamil- ton,” VI, 147 (Lodge Ed.). 5 The Memorial is in American State Papers, I, 153.190 The Estate of George Washington, Deceased the subject, that I cannot omit the opportunity of once for all recalling your attention to them. The assembly to which I address myself, is too enlightened not to be fully sensible how much a flourishing state of the arts and sciences contributes to national prosperity and reputation. ‘True it is, that our country, much to its honor, contains many semi- naries of learning highly respectable and useful; but the funds upon which they rest are too narrow to command the ablest professors, in the different departments of liberal knowledge, for the institution contemplated, though they would be excellent auxiliaries. Amongst the motives to such an institution, the assimilation of principles, opinions, and manners of our countrymen, by the common education of a portion of our youth from every quarter, well deserves attention. The more homogeneous our citizens can be made in these particulars, the greater will be our prospect of permanent union; and a primary object of such a national in- stitution should be, the education of our youth in the science of government. In a republic, what species of knowledge can be equally important, and what duty more pressing on its legis- lature, than to patronize a plan for communicating it to those, who are to be the future guardians of the liberties of the country. But the matter received no further attention during Wash- ington’s presidency. The discussion had developed a variety of opinions; there was the growing opposition to Washington per- sonally which culminated in the following spring when he left office with the feeling that especially the people of Virginia as represented in Congress by Mr. Jefferson’s partisans were op- posed to him and his policies; then there were alleged doubts as to the constitutionality of federal legislation in the absence of an express power to deal with education; again there were local jealousies, because the colleges of the northern States feared that European countries would pay no attention to students bear- ing their degrees if a national university were in being at Wash- ington. Altogether the subject did not arouse enthusiasm, there being as yet no city in existence and no strong local interest to foster it or press its demands. When he came to write his will Washington set forth at lengthOf the National University 191 the circumstances which enabled him to make the donation and the weighty reasons which moved him to it, which should be read again at this point for their careful and eloquent statement of his nationalism.° After Washington’s death, during President Adams’ adminis- tration, nothing appears to have been done in Congress. Presi- dent Jefferson, having views different from Washington’s as to the power of the Federal Government, nevertheless agreed with him as to the desirability of a national university and to that end recommended an amendment of the Constitution which should expressly grant the power to establish one. In his message to Congress on December 2, 1806, he said: 7 Education is here placed among the articles of public care not that it would be proposed to take its ordinary branches out of the hands of private enterprise, which manages so much better all the concerns to which it is equal; but a public institution can alone supply those sciences which, though rarely called for, are yet necessary to complete the circle, all the parts of which con- tribute to the improvement of the country, and some of them to its preservation. The subject is now proposed for the con- sideration of Congress, because, if approved by the time the State legislatures shall have deliberated on this extension of the federal trusts, and the laws shall be passed and other arrangements made for their execution, the necessary funds will be on hand and with- out employment. I suppose an amendment to the Constitution, by the consent of the States, necessary, because the objects now recommended are not among those enumerated in the Con- stitution, and to which it permits the public moneys to be applied. But the amendment did not result and so Jefferson’s adminis- tration passed without action. President Madison in the middle of his first term, on December 5, 1810, resumed the charge, urging “ Such an institution, though local in its legal character would be universal in its beneficial effects. By enlightening the opinions, by expanding the pa- 6 Pages 47-49, ante. 7“ Writings of Thomas Jefferson,” III, 423 (Washington, 1907).192 The Estate of George Washington, Deceased triotism and by assimilating the principles, the sentiments, and the manners of those who might resort to this temple of science, to be redistributed in due time through every part of the com- munity, sources of jealousy and prejudice would be diminished, the features of national character would be multiplied, and greater extent given to social harmony. But above all, a well constituted seminary in the center of the nation is recommended by the consideration, that the additional instruction emanating from it, would contribute not less to strengthen the foundations than to adorn the structure of our free and happy system of government.” Congress was not impressed, however. Later, President Madison in his message of December 5, 1815, after the close of the war with Great Britain, said, “‘ Such an institution claims the patronage of Congress as a monument of their solicitude for the advancement of knowledge, without which the blessings of liberty cannot be fully enjoyed, or long preserved; as a model, instructive in the formation of other seminaries; as a nursery of enlightened preceptors; and as a central resort of youth and genius from every part of their country, diffusing on their return, examples of those national feelings, those liberal sentiments, and those congenial manners which contribute cement to our Union, and strength to the great political fabric, of which that is the foundation.” Nothing came of the eloquent appeals of three presidents. Congress remained obdurate and the nation failed to see the light though “ the long entertained opinions of such men could not have been hastily conceived and nothing but the differing views of the national Congress as to the power of the general government to act in the matter and the pressure of other claims, could have led to the continued neglect of these repeated executive recommenda- tions. Washington’s legacy of shares in the Potomac Company had in the meantime become valueless by the failure of the com- pany. Jefferson, after his presidency accomplished for his state in the University of Virginia what he despaired of for the nation, and since Madison’s day private enterprise has been left to meetOf the National University 193 a want which public patronage would not assume of itself, though it has at times, in a meagre way fostered such enterprise.” ® The work of higher education in the National Capital was undertaken by private enterprise, notably by the Georgetown University, founded by the Jesuits over a century ago, and by the institution now known as The George Washington University, but founded in 1821 as The Columbian College in the District of Columbia, and in 1873 enlarged in scope and given the name Columbian University, and in 1904 reorganized and expanded under the name The George Washington University. In addition to these two long-established institutions, each with virtually a century of continuous useful activity, there have been founded in the District of Columbia the great and splendidly endowed Cath- olic University of America, sustained by the wealth and power of that denomination, and liberally attended by its youth, and also The American University, established some years ago by the Methodists, but limiting its activities solely to post-graduate work, and having prior to the outbreak of the war an attendance of less than fifty students. Of all these four institutions, The George Washington Uni- versity is the only one that is strictly non-sectarian. Never- theless it stands for the highest moral and ethical principles and affords opportunity for spiritual as well as mental development. This University receives today no financial support from the government. It never has had any aid from it except a gift of some land worth about $25,000, made to it at about the time of its establishment. Its alumni have been more conspicuous because of their fidelity to the government in public service than because of the amassing of wealth in business pursuits, and con- sequently have not been able, despite their loyalty, to endow it liberally. Yet, in the face of many obstacles and notwithstand- ing many discouragements and disappointments, it has stuck to its work and has steadily endeavored to increase its means for service, until today it offers the cultural education of the college, the scientific school, and education in all the learned professions except theology. It is not only true to the aims of its founders as expressed at its first commencement in 1824, when President James Monroe, Secretary of State John Quincy Adams, and Lafayette (then 8 Charles Herbert Stockham, “A Historical Sketch of George Washington University.” George Washington University Bulletin, Vol. XIV, No. 2, Washington, D. C., 1915.194 The Estate of George Washington, Deceased visiting America) were its guests, but it has also kept in mind those special opportunities of usefulness that a university in the National Capital possesses, as repeatedly set forth by George Washington. Nor need we hesitate to say that all that he hoped for from the establishment of such a university can be gained by the strengthening of the existing George Washington University, which strives for his ideals and which has chosen his name as its name not only to indicate its determination to carry to fulfillment his cherished wish, but also to keep ever before its students as its model of manliness and its type of Americanism the great Father of His Country, whom Senator Lodge in his biography of Washington in The American Statesmen Series, has justly declared to have been “ the first thorough American in the broad national sense.” ° The idea that Washington so fondly cherished still persists and patriotic souls continue to foster the hope that in some form it may be nobly embodied. The George Washington Memorial Association was incorpo- rated under the laws of the District of Columbia in September, 1898, and for nearly thirty years has steadily endeavored to carry out Washington’s wish for the promotion of science, litera- ture and art and to provide an institution for the general dif- fusion of knowledge, at the seat of the national government. Under the presidency of Mrs. Susan Whitney Dimock, widow of the late Henry F. Dimock, a resident of Washington, the work has lately taken the definite form of the erection of The George Washington Memorial Building, in the city of Washington, for which Congress has granted a valuable block of land at the corner of Sixth and B streets, south of Pennsylvania Avenue near the Smithsonian Institute and the National Museum. The original idea was enlarged after the armistice of 1918, to include a “ Vic- tory Memorial” as “ A National Tribute to its Gallant Soldiers, Sailors and Marines” and this met with the approval of Con- gress, President Wilson and General Pershing. Funds have been solicited nationally and a large sum has been 9 William Miller Collier, “George Washington’s Will and George Wash- ington University.” George Washington University Bulletin, Vol. XVII, No. 2, June, 1918.Of the National University 195 contributed so that the organization has felt that construction of its building might be begun. ‘The corner stone was laid on November 14, 1921. President Harding in his address on this occasion said: *° There begins here today the fulfillment of one of the striking contemplations contained in the last will of the Father of his Country. It is an impressive fact, worthy of our especial thought, that in the century and a half since Washington became the leader, the heart and soul, of its struggle for independence and unity, this nation has so many times found occasions to record devotion to the precepts which he laid down for its guid- ance. So today, after more than a century’s delay we are come to pay tribute to the foresight which first encouraged and en- dowed the institution here established — an institution which is to be alike a monument to those who sacrificed in a noble cause and a beacon to shed afar the light of useful knowledge and grateful understanding among men. For I need not remind you that Washington, in his last will and testament, first conceived the idea which we here see shaping into forms that shall combine loftiest sentiment and truest utility. He proposed, and gave a bequest to found an institution to disseminate learning, culture, and a proper understanding of right principles in government. In furtherance of that purpose patriotic women and men have made possible the institution of which we are now to lay the corner. Very properly they have conceived Washington’s im- pelling thought to have been a gathering place for Americans, where American minds could meet in fruitful exchanges. We can better appraise this thought when we recall the limited publicity, the slow transportation and the difficult process of translating public sentiment of his day. 10 New York Times, November 15, 1924.Chapter XVIII OF MOUNT VERNON Tuts estate was Washington’s most cherished possession. For more than fifty years it was his home and the center of his thoughts. He admired and loved it. He was devoted to it and lavished upon it endless care, labor and expense. ‘The last thought he gave to business before he was seized with his last illness was to transcribe a lengthy plan for its future manage- ment covering a period of five years and his last walk out of doors, on the afternoon of the day before he died, was to mark some trees on the lawn to be removed for its improvement. A great part of it had come to him through a century and a quarter of family ownership, from John Washington, the im- migrant. True, in 1674 it was but an undivided half of five thou- sand acres of wild land on the Indian frontier, granted to him and Nicholas Spencer for bringing settlers into the colony, and now it comprised more than eight thousand acres according to Washington’s estimate. How it looked in his eyes we learn from his own description. Writing to Arthur Young in England, on December 12, 1798, when he thought of leasing the outlying farms about the home place at Mount Vernon, Washington said: No Estate in United America is more pleasantly situated than this. It lies in a high, dry and healthy country three hundred miles by water from the sea, and as you will see by the plan, on one of the finest rivers in the world. Its margin is washed by more than ten miles of tide-water; from the bed of which, and the innumerable coves, inlets, and small marshes with which it abounds, an inexhaustible fund of rich mud may be drawn, as a manure either to be used separately, or in compost, according to the judgment of the farmer. It is situated in a latitude between the extremes of heat and cold, and is the same distance by land and water, with good roads and the best navigation, to and from@ ‘7? bs H H ™ ad Se Redismes hom Code othe Mom rm robe Gore 1 coset Apt D M8 gf Wag PM Std tm oping A Me Shih hoger at Maigret Hose tif le lor rey from 2 tah Mac dong BPA x iN om Ah <9 F mrahond on hi Ripofiroref Aiodn ? (apo te Snowe hove by Kole toe Pac) mnt cheerel (nope of Me Mm I 6a 4 B warm how ohoed 2 prhed aiple mrabon dru he Dig ghhyn oebitolar drrrnf A eho Me Hal aed mer 2 Gree of AEE MoMhene Shara pfore (yb Toms 1 lawnd and offen Goymn af hen Satomt so (Et X mond j Mora | ence pronto EZ ae Loonsom Kove NG (L's bpd and vege seid be hen Nit G 1617 4-~) mara Man re Y) | down Me Nnin (3b pe le C ntae whi ctor anrther foro? Mir ple recs homed ot Ae Peper biome of Mohert Sep hina Mose ff Sonat song wn od Meh [ome wpebrthhefprar re AC bytpe ha Hyp st) D menhonedin bhiam Goof ze 9 pm Mewrel A Weft 49.04 Dw Mie wehech cated « [gg alirie rm which Me Df Geer Mlmag Me (lap, been d€ prea h-atdin Sthn fufte Depeofitions at B, the Hare tf Bon prove me so from Lovipt Mat he Saorfan La A fer bd mes haute taba if gt {bg rebirth he _ 4? Ye Ye Vet 88 tx ‘ Xx (a ‘e Sen ie ete ICAL ORER EOE ~ Gn Le = Na +4 eet XY vi y ti Ny Wha ee MY ani X93 22% Hist JERS BANG g SH Tt We) XY NY WEY SEs hp ¥2 yy NR SiR sty AY ty RY Nay Na REP e Ki kuiv Xe NY Re et Nase ty J eX 3 SUI an BG (on Ee Pe afte ) fs. LARD, 20D YAY Ce acted fo Rawr Proll. Linrad / [% Z \ myke MD ar, v tn sh oO ne ‘ oe ae Atty on Me An te fbr iny filiad ard Ibo ee tv aches fon LOTn Yy Cuininulled LON ir x BY WASHIN(¢ VERNON MADE MOUNT OF MAPOf Mount Vernon 199 the care and employment of the slaves assigned to and quartered on their respective farms. The plan of cultivation he made himself, with the aid of the superintendent, and directed the latter in carrying it out. Nearly four thousand acres of plow land were thus tilled, with the help of nearly three hundred “ servants ” of his own, those of Mrs. Washington and those leased from a neighbor. In addition to his large farming operations, the grist mill which Washington’s father established in 1734 at the upper end of Dogue Creek was engaged not only in grinding into flour all the grain not needed at Mount Vernon for seeding or feeding purposes, but also in milling for the farmers in all the countryside. Washington also bought grain and shipped the surplus flour he made to the West Indies and even to England, as his books of account and correspondence show, and it was said his brand became so well known for quality and quantity as to be passed without inspection. There were attached to the great water frontage on creek and river valuable fishing grounds where herring, sturgeon and other river denizens were caught in great numbers in season, and salted, packed and sold or used by the master and servants of Mount Vernon. Often kindred and friends received gifts of a barrel or two to remind them of his affection. Tobias Lear, for long years the tutor of the Custis children, and then Washington’s faithful private, and later military secre- tary, had become a member of the family by marriage and was assigned the easternmost land beyond the River Farm, comprising more than three hundred acres, and here he lived at the time of the chief’s death. The place was called “‘ Wellington ” and bears this name to-day. Thus surrounded by a small principality, the Mansion House of Mount Vernon stood on the promontory facing the great river, one hundred and twenty-five feet below. It was now a stately structure, dignified and distinguished, though not at all massive. It had been increased to nearly threefold its original frontage and200 The Estate of George Washington, Deceased the two-storied columns of its portico gave its ninety-foot front an imposing look. To the east and west ran smaller colonnades connecting the main building with the kitchen on the one hand > 2 and the spinning house and other “‘ offices ” on the other, so that the effect as viewed from the river was a long and graceful sweep. Back of these a dozen buildings, one and two stories in height, were grouped about the vegetable and flower gardens and the great west lawn. All the buildings except the brick barn were of wood painted white and kept scrupulously neat, and the entire plantation was managed in princely fashion but with careful aims and modest show. It was with this picture and its history in mind and his interest and affection most deeply aroused, that Washington contem- plated the buildings, the beautiful lawns, gardens and meadows, the rich fields and glorious woodlands which constituted his home and planned their future ownership and enjoyment by others, as he wrote the nineteenth of the stately pages of his last will and testament, saying: And now, . . . I proceed to the distribution of the most im- portant parts of my Estate, in manner following: First ‘To my nephew Bushrod Washington and his heirs (partly in consideration of an intimation to his deceased father, while we were bachelors and he had kindly undertaken to super- intend my Estate, during my military services in the former war between Great Britain and France, that if I should fall therein, Mt. Vernon (then less extensive in domain than at present) should become his property), I give and bequeath all that part thereof which is comprehended within the following limits —viz:... containing upward of Four thousand acres, be the same more or less, together with the Mansion House and all other buildings and improvements thereon. This generous gift to his most eminent nephew, the learned Justice of the Supreme Court of the United States and the son of his best beloved brother “ Jack”, paid in full and much more the debt to which Washington refers. It also raised an inter- esting legal question.Of Mount Vernon 201 Washington’s right and title to the twenty-seven hundred acres which he acquired by devise from Lawrence Washington were limited by a clause in the latter’s will so that in case of Wash- ington’s death without issue the land should go to Augustine Washington and his heirs. Augustine was Lawrence’s full brother and all the provisions of the latter’s will for his half- brothers were limited in like manner. George was the only one of the four half-brothers who died without issue. The legal effect was that Augustine’s heirs were now the owners of the original twenty-seven hundred acres of Mount Vernon under the terms of Lawrence Washington’s will. But there was a rule of law that if the person or class of persons so entitled to claim an estate mistakenly or wrongfully devised (as these twenty-seven hundred acres were to Bushrod by his uncle George), were given other estate by the same will, then the person or persons so entitled were put to their election as to whether or not they would accept this later devise and renounce their legal rights to the former estate, letting the latter go accord- ing to the will of him who thus mistakenly or wrongfully devised it. And in this case the heirs of Augustine Washington (who died long before his brother George) chose to take the later devise and permit Mount Vernon to go unchallenged to their cousin Bushrod. They were Colonel William A. Washington, his sisters Elizabeth Spotswood and Jane Thornton, and the heirs of his sister Ann Ashton. Moncure D. Conway in his book on “ George Washington and Mount Vernon” (being Vol. IV of the Memoirs of the Long Island Historical Society) at page XCII says, “I learn on good authority that Washington’s widow wrote to Col. William Augustine Washington asking him if he intended to break the will. He answered that although a wrong had been done he would not oppose the will.” That Washington had carefully considered the nature of his title many years before is proved by the entries in his cashbook and ledger and a letter from his attorney. The former (“ A”, p: 60) shows;202 The Estate of George Washington, Deceased 1754. Cash. Sosy de Jany. 11. By Mr. Mercer for his opinion of the devise of my Brother’s Negroes ...----++++-+:-27> tile. 6 By Ditto on his opinion on the devise of Mount Vernon Tract LONIMON neal ee ree ices) . 6G In Volume III of ‘‘ Letters to George Washington ”, page 358, under date of July 3, 1769, Edmund Pendleton writes: The Prince William Lands * then are limited to Lawrence in fee simple upon the Contingencies of his leaving Issue at his death. He takes notice of a daughter in his will and if she survived him, your father’s Will has no operation on the Estate, but it must go according to the will of your brother Lawrence by which you take an estate tail, with a ‘remainder to your brother Augt. in fee simple; for tho. the devising clause would give you a fee, yet by a subsequent one he directs that if you, Saml. John & Charles or any of you, die without Lawful Issue such Land as was given you or any of you, should become the property of his brother —- Augustine & his heirs forever, which changed your & their estates in all Lands claimed under his will into estates tail. He adds, however: P.S. I see no impropriety in docking the Intail.® Washington took no proceedings however to cedockia OF bets minate the entail then or at any subsequent time. His life was still too young and the hope of issue was not yet dead, and sub- sequently he was too busy for many years to give much thought to the future of his own affairs. When he came to write his will the great change in the laws of Virginia made by the statutes written and promoted by Jefferson abolishing entails by changing 4Mount Vernon was in Prince William County until Fairfax County was set off from it. 5 By the will of Augustine, father of Lawrence and George Washington. This provided: “In case my son Lawrence should dye without heirs of his body Lawfully begotten that then the Land and Mill given him by this my will lying in the County of Prince William shall go & remain to my son George & his heirs.” W. C. Ford, “ Wills of George Washington and His Immediate Ancestors ” p. 48 (1891). 6 This letter is also in Ford’s “ Wills”, p. 53.Of Mount Vernon 203 them into estates in fee in the hands of the life tenant’s heirs, may have led him to think the question disposed of. However that may have been, the fact remains that he gave the original estate of Mount Vernon, after the death of his wife, to Bushrod Washington, in fee, and then gave, by a later clause, four twenty- thirds of his great residuary estate to the heirs of his half- brother Augustine, which fully compensated them for the loss they thus had sustained. There is furthermore in the hands of some unknown collector, pec eae to Birch and Sons’ Catalogue Number 663, Item 4, “ An Autograph legal opinion of Bushrod Washington, as to Genl. Geo. Washington’s right to devise Mount Vernon. A rather lengthy and interesting document in the handwriting of Judge Washington.” It was sold to a Mr. Wilson. Whether it was dated before or after Washington’s death has not been learned.‘ That Bushrod Washington was fully alive to the question of his title under his uncle’s will we know, for we find this memorandum in his handwriting on his copy of Washington’s will — As to the principle laid down in Noys Mordarent that a person can’t claim under & agt the will, see an exception to it where the will is not executed according to the Stat. Uses, Pw. on Dev. 460.” * It would require volumes to detail the sabes gent history of this, the most interesting and fairest of Washington’s posses- sions. It would deserve to be read and much of it will be found 7 The legal history of the acquisition of the original estate by John Wash- ington and its subsequent descent through his will and that of his son Lawrence, his grandson Augustine, and his great grandson Lawrence, who left it to his brother George, may be traced in Ford’s “ Wills.” The story of the occupancy of the land, the construction of the various buildings and their uses from the time of the original grant by Lord Culpeper to John Washington and Nicholas Spencer in 1674 until 1916 has been amply and interestingly told by Paul Wilstach in his brilliant volume entitled, “Mount Vernon, Washington’s Home and the Nation’s Shrine.” Mr. Wil- stach takes no note however of those parts of the estate lying outside of the less than three hundred acres now comprised in the ow nership of the Mount Vernon Ladies’ Association, which for sixty-five years has maintained the Mansion. Much of the detail of Washington’s life at Mount Vernon and his efforts at farming is also pleasantly told in the volume entitled “ George Washing- ton, Farmer ” by Paul Leland Haworth (Bobbs-Merrill Company, Indian- apolis, 1915), reprinted under the title, “ George Washington, Country Gentle- man,” in 1924. 8 In Chicago Historical Society, “ The Gunther Copy of Washington’s Will.”204 The Estate of George Washington, Deceased well told in Wilstach’s book. For the purposes of this work it must be briefly summarized. Bushrod Washington took possession of Mount Vernon shortly after Mrs. Washington’s death in 1802. He found it a fine but dismantled and deserted establishment, for on July 20, 1802, Mrs. Washington’s executors had sold the contents of Mount Vernon at auction, excepting the books and papers which were bequeathed to Bushrod; and the furnishings had been removed by the purchasers. The greater part of the Negroes, freed by the will of Wash- ington upon Mrs. Washington’s death, had departed. Bushrod’s duties kept him either in Washington or Philadelphia most of the year. His conduct of Mount Vernon farms was not vigorous or profitable. He used the place as a summer residence during the twenty-seven years of his ownership. The only mark he made upon it which remains is the little porch on the southwest end of the mansion. During the war of 1812, when on August 24, 1814, the British fleet sailed up the Potomac on its way to seize the Capital, in- stead of attacking and destroying Mount Vernon, as the people of the neighborhood feared, it is said the commander, Captain Gordon, caused the seven vessels of his fleet to fire salutes as they came abreast. General La Fayette was a visitor there in 1824, when he and his son, George Washington La Fayette, toured the country as guests of the nation. Both had enjoyed the hospitality of Mount Vernon in its great master’s day and the younger one had been sheltered there and cared for as a son, in the distressful days of the French Revolution. Bushrod Washington died at Philadelphia while holding Cir- cuit Court there, on November 26, 1829, and his wife survived him only a few days. They were buried in the new family vault at Mount Vernon. Having no children, Bushrod Washington by his will ® divided 9Proved and admitted to record in Fairfax County Court, Virginia, December 21, 1829.Coe) ge bn ofmeofe ee Cat at 1833. att eo, iit spat Lat. 2cFe% af a fe char o Aad antl wcrc! bedmuct 1f Cine bagel tdaebar tee. hal Zo Baoatwe @ tigoten Be aud toorg 2 EC t/a0t eo * Hass dag actocrore-tedty ef vee H6 he pf ieee Coin ley Ha oack Udes brah C as Check the he aan la / Wi mabh Eh e bo Bh ct wart ad Ofer F.9, Ce ab.acd oo) y ects MN : — A tpicl, acd hi gare Ciuerteg oe ke ca 2 oe os Cr ant Bors C Bd pio ee ft ro > AGS ae Le ae bbe Aut fe q 2 jon fae ST eee Gf to tgline ws te DY Oo Cah affeive 5 pfectie Buns” ane So wee Yer ber Ae AS, Ks Lhe d. lea el. 0833, woe eeend aud Goeth wih he Cpe fle oA Ct aA2idk Yio aes Ey We Site. ‘ Area 4A/d Qeres A 71a p Yount Vernon as IS a pipe! s pus ofc. tach he of Caf4 ee 04.4, FZ, (Pad cen ek Coat es a, BR Pith Op th oo [[lte, (906. 100 260 300 | 1 er bole Cle Se \ S 2 XD \ > \ x RD ot N \e = 5 oy Na 8 av N, ee a gta gt Ny \ q eee 4 vee | SY NN N : - Be es ae } Se - { x : wa “o s ist its o> Sy \ MEU { \ ~~ ye s 4 Ni . a my a SASK: AN A \ Ss SS x ARE aN Z NG gh \: 1 Ny oo shay /f SS we! pe? a \' i! - up “ x yl ef Ve oe fee EAS a ~ i we 4 2 £ yee? 4 “pk dernc7e“gh % ‘ ‘ eal as ye APP ope rae t yess Sy yume” A mite bet - ba Vis? i iin np iste fle! he a pepe “i vie an eS ee se \ i ( ff . “Ye 1 fr jf xt CMe - bing pele \ Voi eee Ay Olt (eddie ¢ re 1 Trikery | (a S i ye ¢ - \ 60 eacemy y } ; Aye ol : oc A! . vy) ‘ u iv v § ey; ae i! wl! uM ar YE LT Ah Te ay x Sy. ee Coa s \ rc ° S it Se Pee (al? EO ay wee “a. XI oe ; : o y " Pg fe LOE TE aor ne i ae : ta ={\ t > u ee ere e ea EON oe vol Ci ee oy ee : ue pegs Ef ah cans 3 COS vil oho : a Xv ey eta aoe A i ae 7 é Sie Wee Cee ; Agee -¥ iy yt Zoe 7 ee nt hf ee ,' « 4G oy flee a MT @ et Wy % Clg Goel SOG 4 id vo yee . Hil il tad , 0 ee yi" aa i Zope i! 7 { 7] it te ie i ffi | | | | | | | | | ne ol £Of Mount Vernon 205 his estate at Mount Vernon among his nephews and a niece. The Mansion House and 1,225 acres he devised to John Augustine Washington, 707 acres to Bushrod C. Washington, 6485409 acres to the heirs of Bushrod C. Washington, Junior, 602540 acres to George C. Washington and 410 acres to Mary Lee Herbert, the daughter of Corbin Washington, his brother,” all of which ac- counts for thirty-five hundred and ninety-six acres, instead of the “ four thousand acres more or less ” bequeathed to him by his uncle, a “ shortage ” not uncommon in the early days of large land holdings. John Augustine Washington lived at Mount Vernon from 1829 to 1832, when he died. He devised the estate to his widow, Jane Washington. Bushrod’s heir foresaw that Mount Vernon would eventually ruin any member of the family who undertook to wring a living from its well-worn acres and remained to meet the tide of visitors with open house and open-handed hospitality, which is the tradition of the planters. In his will he wisely included per- mission to his heirs to sell to the National Government.** The widow endeavored to maintain herself and her family of four chil- dren under eleven years of age and tried to carry on the work her husband had undertaken of cultivating and improving the famous property. When her eldest son, John Augustine Washington, married in 1843, at the age of twenty-two, she retired from Mount Vernon to her estate at Blakeley in Jefferson County (now in West Vir- ginia) and turned Mount Vernon over to him. In 1850 she made him a deed of the more than twelve hundred acres, which he continued to occupy until February 22, 1860. “The mansion and the estate reached [him] in a depleted and ruined state. Had he the means to restore it to its original condition it would have required an annual fortune to keep it in repair, under the normal wear and tear of pilgrims, and to main- tain a corps of guards against the idle, conscienceless visitors who not merely stole but destroyed to bear away souvenirs of the 10 As shown by the plat of division recorded in the office of the Clerk of the Fairfax County Circuit Court, January 22, 1833, in Liber III, p. 161. 11 Wilstach, ‘“ Mount Vernon”’, p. 256.206 The Estate of George Washington, Deceased great hero.” ** John A. Washington on February 22, 1860, de- livered possession of the Mansion House and the two hundred and two acres immediately surrounding it to the Mount Vernon Ladies’? Association in consideration of two hundred thousand dollars. This purchase was the result of ten or twelve years of en- deavor to place the estate in public or quasi-public ownership. As early as 1848 the burden had become too great for John A. Washington, and speculators sought to acquire the home and tomb of Washington. Offers of one thousand dollars per acre for the house and three hundred acres or less were made and re- fused, because of the owner’s sense of the impropriety of its passing into private ownership. He offered to let either the State of Virginia or the United States take the estate at its own price, but both declined. Mount Vernon seemed doomed to decay and perhaps destruc- tion. By good fortune it had survived a hundred years of the chance of destruction by fire and the effects of wind and weather, but now its time seemed to have come. But in 1853 a frail woman in poor health, inspired by the danger in which the neglect by State and Nation placed this shrine of patriotic affection, began a movement among the women of the land to save and care for the home and tomb of the “ Father of his Country.” John A. Washington did not meet her plans with cordial favor and for three or more years her efforts met with little encourage- ment elsewhere. But the determination which inspired Miss Ann Pamela Cunningham, despite her feeble health, finally won recog- nition and funds, and the State of Virginia, through its legislature on March 17, 1856, granted a charter to the Mount Vernon Ladies’ Association of the Union. It later amended it to facili- tate its plans, on March 19, 1858. As soon as the incorporation took place, John A. Washington, under date of April 6, 1858, made an agreement with the Asso- ciation to sell, and gave four years’ time in which to complete the purchase. He reserved to the deceased Washington heirs 12 Wilstach, “ Mount Vernon”, p. 256.Of Mount Vernon 207 their burial rights and provided that no one should thereafter be interred or entombed at Mount Vernon. Edward Everett, of Massachusetts, formerly senator from and governor of that State and one-time president of Harvard Col- lege, perhaps the most noted and gifted orator of the time, for four years devoted his time and talents to the task of raising the funds necessary. By lectures, speeches and essays delivered and published throughout the land, he raised a little over sixty-eight thousand dollars, or more than one-third of the required sum. The remainder was contributed by patriotic friends of the cause, mostly women and children, through the vice-regents of the Asso- ciation, and the final payment, with the exception of twenty- eight hundred dollars, was made in December, 1859. It was fol- lowed on February 22, 1860, by formal delivery of possession. It was most fortunate that the transaction was thus happily practically closed just a year before the outbreak of the Re- bellion. For John Augustine Washington joined the Confederate Army early and served with the rank of colonel on the staff of his kinsman, General Robert E. Lee, until September 13, 1861, when he was killed at Cheat Mountain. Although the Mount Vernon Ladies’ Association had thus acquired the possession and equitable title to the two hundred and two acres and the structures at Mount Vernon which con- stituted Washington’s home and park, yet the legal title was not conveyed and it remained in Colonel John A. Washington when he fell. Not until October, 1868, were steps taken to complete the title. Then Miss Cunningham, as regent of the Association, filed her sworn bill in equity in the Circuit Court of Fairfax County, addressed to the Honorable Henry W. Thomas, Judge of that Court, for the purpose of obtaining a conveyance of the land. She charged that the Association, duly incorporated, entered into a contract of purchase with Colonel Washington on April 6, 1858, and agreed to pay him two hundred thousand dollars for the property and to comply with certain conditions, pro- visions and restrictions set up in the contract, a copy of which208 The Estate of George Washington, Deceased was her Exhibit A; that the purchase money was paid in install- ments as they became due and sometimes before, and that pos- session had been given to the Association which it still held. That it was agreed that a good and sufficient deed of bargain and sale in fee simple should be given the Association with a general warranty and free from dower when the final payment was made. That all but two thousand eight hundred and ten dollars of the purchase money had been paid when Colonel Wash- ington died, and that this sum had since been paid to Richard B. Washington of Jefferson County, West Virginia, his sole executor. That Mrs. Washington had died before him and that no deed had been made. That the Colonel left a will in which he appointed his brother, Richard B., his executor and devised his entire estate to his seven children, Louisa F., Jane C., Eliza F., Anna Maria, Lawrence, Eleanor L., and George Washington, of whom the five last named were minors. That the will had been duly admitted to record in Fauquier County and that the executor was duly qualified as such and had been appointed guardian of the minors, who together with their two elder sisters now owned the legal title; that by reason of their minority these five could not make a deed and thus a case for the action of a court of equity was presented, to enable the Asso- ciation to get the legal title which was equitably its due. The bill made all the heirs and the executor and guardian defendants and prayed for a decree appointing a special com- missioner to make a deed on behalf of the minors, in which the two heirs of age should be required to join. The suit went by default and on the sixth day of November, 1868, the court decreed as requested and appointed William Arthur Taylor, Esquire, such commissioner. On the twelfth day of November, he as special commissioner for the five mmmors, and Louisa F. and Jane C. Washington for themselves joined in a deed to the Association: _ . to be held used and employed by it as in the said recited order and decree expressed and subject to the conditions and limi- tations of the contract therein referred to, the tract of land in theOf Mount Vernon 209 said decree mentioned, the same being bounded and described as follows (according to a survey and plat thereof made by Samuel R. Johnson, Surveyor on the 28th day of May 1858) that is to say: Beginning at a stone near a large wild cherry tree and running North forty-seven degrees West five thousand one hun- dred and twenty-five feet to a stone in the centre of the old road; thence with the road, South eight degrees and twenty five minutes West, seventeen hundred and twenty-two feet to a black oak tree — South eighteen degrees West four hundred and thirty-five feet to a stone on the East side of said road; thence South sixty- two degrees forty-five minutes East, two thousand six hundred and sixty feet to a stone at the mouth of Hell Hole, and with the river, South eighty-seven degrees east two hundred and twenty-seven feet, North seventy-three degrees East seven hun- dred and twenty-six feet, North fifty-one degrees East, two hundred and eighty-one feet to the beginning — Containing two hundred and two acres. The deed was duly acknowledged and on May 138, 1869, was recorded in Liber J, Number 4, at page 474, in the clerk’s office of Fairfax County Court. During the Civil War by common consent that part of Mount Vernon which comprised the home place was free from molesta- tion by the contending armies. While but little could be done to improve its grounds and buildings in that period, yet during the fifteen months before the outbreak of hostilities, much had been accomplished in the way of restoration of the buildings, and despite the war the work of conservation went on quietly, so far as the scant means afforded. Mr. U. H. Herbert, the first superintendent of the Associa- tion, lived on the grounds during the entire war and at its end declared, “ There was no effort to disturb the tomb or the place by troops on either side during that period.” After the war the Association was so poor that it was unable to pay a superintendent’s salary, and Miss Cunningham came in 1868 and lived at Mount Vernon and directed operations until her frail health broke down entirely in 1872. J. M. Hollings- worth then took up the work as resident secretary and super- intendent. He remained in charge until May 30, 1885, and was succeeded by Harrison Howell Dodge who has held this post210 The Estate of George Washington, Deceased more than thirty-one years. (1916) James Young came to assist Mr. Dodge as clerk in 1886 but he has been assistant superintendent and James Archer has been resident engineer since these offices were created in 1890 and 1907 respectively. .. . Miss Cunningham died May 1, 1875, at her home in Laurens Co., South Carolina, a little over one year after resigning the office of Regent, which she had held from the birth of the Association. In her letter of resignation to the Council of Vice-Regents she left this declaration of purpose: “ Ladies, the Home of Wash- ington is in your charge, see to it that you keep it the Home of Washington. Let no irreverent hand change it; no vandal hands desecrate it with the fingers of progress! Those who go to the Home where he lived and died, wish to see in what he lived and died. Let one spot in this grand country of ours be saved from change. Upon you rests this duty.” om The ideal sought by the zealous patriots who have the custody of Washington’s home is to maintain the environment which he created in the eighteenth century. So the restoration of Mount Vernon may be said to progress backward. But the cycle of fashions has played a paradoxical trick on the old place by mak- ing the new fashions in domestic landscape and architecture those of the days when old Mount Vernon was new. Though it is the tomb of Washington the place is instinct with life. The house is kept with the nice domestic simplicity that suggests the personal presence of the master and mistress. The solemnity of death is only sensed when one stands uncovered be- neath the open sky among the trees before the reliquary of all that is mortal of the immortal Washington or not less poignantly when upon the broad Potomac one hears the unfailing requiem of the bell of every passing vessel.”* The faithful and happy performance of this duty, which has been carried on for nearly fifty years by Miss Cunningham’s colleagues and their successors, has maintained Mount Vernon not only as an example of beauty but has preserved it a shrine for reverence and a monument of Washington’s character, fame, abilities and ideas. By the generosity of Jay Gould, of New York, thirty-three and one-half acres adjoining the original tract of two hundred and two acres on the northeast, were conveyed to the Association on 18 Wilstach, “ Mount Vernon”, pp. 261-263. 14 [bid., p. 267.Of Mount Vernon 211 July 23, 1887, and Christian Heurich, of Washington, conveyed to it two acres on the southwest side on November 10, 1893. Recently (June, 1922) Senator Capper of Kansas introduced into the Senate a resolution directing an examination to be made of the probable cost of the maintenance of Mount Vernon by the National Government with a view of opening it at all times and free of charge to the public. The small entrance fee of twenty-five cents required by the Association to help defray the cost of maintenance of the estate and the very reasonable rules against picnicking and other carelessness in visiting the premises, to say nothing of the control of the few but highly honorable offices and employees of the Association, have become a tempta- tion to meddlers and politicians, and again the long, long struggle to maintain the sacredness of Mount Vernon is on. Since our entry into the World War brought an enormous increase of population about Mount Vernon, in the establishment of Camp Humphreys adjoining it on the south, the great shipyards at Alexandria on the north, and the almost doubling of the number of inhabitants of Washington City only a few miles beyond, the procession of visitors at Mount Vernon has naturally greatly in- creased and the character of them, for the time being, has de- cidedly changed. It is hoped that in a year or two the return to normal conditions elsewhere will bring about also a return to pre-war conditions here, and that the peace, quiet and nobility of the tomb and home of Washington will remain intact and devoted solely to the inspiration of the people. WELLINGTON The second portion of the eight thousand acres at Moun! Vernon being that part east of Little Hunting Creek and facing the Potomac Washington devised in these words: Secondly — In consideration of the consanguinity between them and my wife, being as nearly related to her as to myself, as on account of the affection I had for, and the obligation I was under to their father when living, who from his youth212 The Estate of George Washington, Deceased had attached himself to my person and followed my fortunes through the viscisitudes of the late Revolution, afterwards devoting his time to the superintendence of my private con- cerns for many years whilst my public employments rendered it impracticable for me to do it myself thereby affording me essential services, and always performing them in a manner the most filial and respectful: for these reasons I say, I give and bequeath to George Fayette Washington and Lawrence Augustine Washington & their heirs my Estate east of little hunting creek lying on the River Potomac, including the farm of 360 acres, leased to Tobias Lear, as noticed before and containing in the whole, by Deeds, Two thousand & seventy seven acres be it more or less, which said Estate, it is my will and desire should be equitably & advantageously divided between them, according to quantity, quality & other circumstances when the youngest shall have arrived at the age of twenty-one years, by three judicious and disinter- ested men, one to be chosen by each of the brothers and the third by these two,— In the meantime if the termination of my wife’s interest therein should have ceased the profits, arising therefrom are to be applied for their joint uses and benefit. The father of these two young men thus carefully and amply provided for was Colonel George Augustine Washington, the son of Washington’s youngest brother Charles, of Charles Town, in Jefferson County. He was born in 1763 and died in Wi9ss ive married Frances Bassett, a niece of Mrs. Washington. In 1795 she married Tobias Lear, Washington’s secretary, and with her young sons always resided on the Mount Vernon Estate, their home being the extreme easterly farm called Wellington. George Fayette Washington was born January 17, 1790 (probably at Mount Vernon), and died at Waverly, Virginia, in September, 1867; he married at Charles Town, West Virginia, on November 18, 1813, Maria Traner. Five children were born to them, of whom Matthew Barwell Bassett Washington survived his father, dying at Waverly, Virginia, August 1, 1868. Lawrence Augustine Washington, the other beneficiary of this munificent devise, was born November 3, 1791, and in the clause distributing the residuary estate on page 25 of the will is namedOf Mount Vernon 213 Charles Augustine, which appears to have been his baptismal name. He never married and died young while traveling in Spain, at Cadiz, accompanied by his brother, George Fayette, who went abroad with him in the hope that a sea voyage would be beneficial. I have not followed out the distribution of subsequent owner- ship of this tract as it became divided into numerous small parcels and is now so held. WOODLAWN The third portion of Mount Vernon, that devised to Lawrence Lewis, son of Betty Washington Lewis, and to Eleanor Parke Custis Lewis, his wife, the granddaughter of Mrs. Washington, had been the subject of considerable discussion during the last months of Washington’s life. Nellie, as she was called, had for seventeen of her nineteen years been an inmate of his household and the possessor of his fondest hopes and warmest affections. When she budded into womanhood in 1797 and he at the same time felt the need of assistance in his affairs, it so happened that he invited his youngest nephew, Lawrence Lewis, to come to Mount Vernon to take the place which his cousin, George Augus- tine Washington, and his brother, Howell Lewis, had so ac- ceptably filled in past years. The letter which led to this event is interesting enough to be given in full: TO LAWRENCE LEWIS: Mount Vernon, 4th Aug. 1797 Dear Sir, Your letter of the 24th ulto has been received, and I am sorry to hear of the loss of your serevant; but it is my opinion these elopments will be MUCH MORE, before they are LESS fre- quent; and that the persons making them should never be re- tained, if they are recovered, as they are sure to contaminate and discontent others,— I wish from my soul that the Legislature of this State could see the policy of a gradual Abolition of Slavery ; it would prev’t much future mischief.214 The Estate of George Washington, Deceased Whenever it is convenient to you to make this place your home I shall be glad to see you at it for that purpose and that there may be no misunderstanding in the matter, I shall inform you beforehand, that you, servant (if you bring one) and horses, will fare in all respects as we & mine do, but that I shall expect no Services from you for which pecuniary compensation will be made.— I have already as many on wages as are sufficient to carry on my business, and more indeed than I can find means to pay, conveniently.— As both your aunt and I are in the decline of life, and regular in our habits, especially in our hours of rising & going to bed, I require some person (fit and Proper) to ease me of the trouble of entertaining company; particularly of nights, as it is my inclination to retire (and unless prevented by very particular company, always do retire) either to bed, or to my study, soon after candle-light.— In taking these duties (which hospitality obliges one to bestow on company) off my hands, it would render me a very acceptable service, and for a little time only, to come, an hour in the day, now and then, devoted to the recording of some Papers which time would not allow me to com- plete before I left Philadelphia, would also be acceptable.— Be- sides there is nothing at present, that would require any portion of your time, or attention; both of which, if you have inclination for it, might be devoted to Reading, as I have a great many in- structive Books, on many subjects, as well as amusing ones, &c., &c., &c. Your Aunt unites with me in best regards for you, and I am your sincere friend and Affectionate Uncle Go. WASHINGTON. Irving tells us: In consequence of this invitation, Lawrence thenceforward became an occasional inmate at Mount Vernon. The place at this time possessed attractions for gay as well as grave, and was often enlivened by young company. One great attraction was Miss Nellie Custis, Mrs. Washington’s grand-daughter, who, with her brother George W. P. Custis, had been adopted by the Gen- eral at their father’s death, when they were quite children, and brought up by him with the most affectionate care. . She was now maturing into a lovely and attractive woman, and the attention she received began to awaken some solicitude in the General’s mind. This is evinced in a half-sportive letter of advice written to her during a temporary absence from Mount Vernon, when she was about to make her first appearance at aOf Mount Vernon 215 ball at Georgetown. It is curious as a specimen of Washington’s counsel in love matters. . . . (He wrote) “ Although we cannot avoid first impressions, we may assuredly place them under guard. . . . When the fire is beginning to kindle and your heart growing warm, propound these questions to it. Who is this in- vader? Have I a competent knowledge of him? Is he a man of good character? A man of sense? For, be assured, a sensible woman can never be happy with a fool. What has been his walk in life? ...Is his fortune sufficient to maintain me in the manner I have been accustomed to live, and as my sisters do live? And is he one to whom my friends can have no reasonable objec- tion? If all these interrogatories can be satisfactorily answered, there will remain but one more to be asked; that, however, is an important one. Have I sufficient ground to conclude that his affections are engaged by me? Without this the heart of sensi- bility will struggle against a passion that is not reciprocated.” The sage counsels of Washington and the susceptible feelings of Miss Nelly, were soon brought to the test by the residence of Lawrence Lewis at Mount Vernon. A strong attachment for her grew up on his part, or perhaps already existed, and was strengthened by daily intercourse. It was favorably viewed by his uncle. Whether it was fully reciprocated was uncertain. A formidable rival to Lewis appeared in the person of young Carroll of Carrollton, who had just returned from Europe, adorned with the graces of foreign travel, and whose suit was countenanced by Mrs. Washington.” Early in 1799 Nellie and Lawrence had become engaged and we find Washington writing in January to Lawrence, “ Your letter of January 10th, I received in Alexandria on Monday, whither I went to become the guardian of Nellie, thereby to authorize a license for your nuptials on the 22nd of next month.” Later we find among the Washington Mss. in the Library of Congress this draft of a letter. Mount Vernon 19th. Feby 1799 Sir: You will please to grant a license for the marriage of Lawrenee Lewis [sic.] Eleanor Parke Custis with Lawrence Lewis and this shall be your authority for so doing from Sir, Your very Hble. Servt. Go. WasHINGTON. Capt. Geo. D. Neale. 15 W. Irving, “Life of Washington,” Vol. V, pp. 276 to 278.216 The Estate of George Washington, Deceased Captain Neale was the clerk of the court which issued marriage licenses and Nellie was not yet of age and so she needed the consent of her guardian, whose careful and courteous methods are again here exemplified. On February 22, 1799, Washington’s diary records, “The Revd. Mr. Davis and Mr. Geo. Calvert ** came to dinner and Miss Custis was married abt. Candle light to Mr. Lawe. Lewis.” It is common report even to-day that Nellie and her grand- mother, Mrs. Washington, hoped that the Mansion House of Mount Vernon would always be the home of the young couple, as indeed it was so long as Washington and Mrs. Washington occupied it. Here on November 27, 1799, Washington’s diary records, “ Dr. Craik who was sent for to Mrs. Lewis (who was delivered of a daughter abt. ? o’clock in the forenoon) came to breakfast and stayed dinner. Mr. Dubois dined here and both went away afterwards.” While these events were unfolding in the long, hot summer, Washington was meditating and drafting his last will and pre- paring for the future security and happiness of these dear ones. As we have seen, for reasons of justice and affection the Mansion House was given to Bushrod, in the will. For equally serious but different reasons the welfare of young Lewis and his bride was carefully considered and provided for and after he had signed the will Washington put his plan into practical and immediate effect. While Lawrence Lewis and Nellie were down in Culpeper County, visiting his sister, Mrs. Carter, Washington wrote him this letter (which appears in Birch’s Catalogue Number 657, Item 3).*" TO LAWRENCE LEWIS Mount Vernon 20th Sep 1799 Dear Sir, From the moment Mrs. Washington & myself adopted the two youngest children of the late Mr. Custis, it became my intention (if they survived me, and conducted themselves to my satisfac- 16 Nellie’s kinsman; her mother was a Calvert. 17 Ford, 14, 209.Of Mount Vernon 217 tion) to consider them in my will, when I was about to make a distribution of my property.— This determination has undergone no diminution, but is strengthened by the connexion which one of them has formed with my family. The expense at which I live and the unproductiveness of my Estate, together, will admit of no diminution of income, while I remain in my present situation; on the contrary, were it not for occasional supplies of money, in payment for Lands sold within the last four or five years, to the amount of upwards of Fifty thousand dollars; I should not be able to support the former without involving myself in debt and difficulties. But, as it has been understood from expressions occasionally dropped from (Nelly Custis, now) your wife, that it is the wish of you both to settle in this neighborhood (contiguous to her friends) and as it would be inexpedient, as well as expensive for you, to make a purchase of land when a measure which is in con- templation would place you on more eligible ground, I shall inform you, that in the will which I have by me, and have no disposition to alter, that part of my Mount Vernon tract which lyes north west of the public road leading from Gum Spring to Colchester (from a certain point which I have marked) contain- ing about two thousand acres of Land, with the Dogue run Farm — Mill — Distillery — Gray’s heights, &c., is bequeathed to you and her jointly. If you incline to build on it,— and few better sites for a house than Gray’s hill, and that range, are to be found in this Country, or elsewhere,— you may also have what is properly Dogue run Farm,— the Mill — and Distillery on a just & equitable Rent; as also the hands belonging thereto on a reasonable hire; either next year or the year following, it being necessary, in my opinion, that a young man should have objects of employment. Idleness is disreputable under any circumstances; productive of no good, even when unaccompanied by vicious habits; and you might commence building as soon as you please; during the progress of which, Mount Vernon might be made your home.— You may conceive, that building, before you have an absolute title to the land, is hazardous.— To obviate this, I shall only remark that it is not likely that any occurence will happen, or any change take place, that would alter my present intention, (If the conduct of yourself and wife is such as to merit a con- tinuance of it) but be this as it may, that you may proceed on sure ground with respect to the buildings, I will agree, and this letter shall bear evidence of it, that if, thereafter, I should find218 The Estate of George Washington, Deceased cause to make any other disposition of the property here men- tioned, I will pay the actual cost of such buildings to you, or yours.— Although I have not the most distant idea that any event will happen that could effect a change in my present determination,— nor any suspicion that you, or Nelly would conduct yourselves in such a manner as to incur my serious displeasure; yet at the same time that I am inclined to do justice to others, it behoves me to take care of myself, by keeping the staff in my own hands.— That you may have a more perfect idea of the Landed property I have bequeathed to you & Nelly in my will, I transmit a plan of it, every part of which is correctly laid down & accurately measured — shewing the number of Fields,— Lots,— Meadows,— Wastelands, &c., with the contents & relative situation of each,— all of which, except the Mill Swamp (which has never been con- sidered as part of Dogue run Farm, and is retained, merely for the purpose of putting it into a better state of improvement, you may have on the terms before mentioned,— with every kind wish for you & Nelly, in which your Aunt who has been & is very much indisposed unites.— I remain, Your Affectionate Uncle, Go. WasHINGTON. Mr. Lawrence Lewis. I have just received an account of the death of my brother which is the occasion of my sealing with black. Address : Mr. Lawrence Lewis at Mr. Charles Carters in Culpeper County — near Stevensburg ** From Go. Washington This was accompanied by a carefully worked out statement showing the rental value of the Dogue Run Farm, the hire of the Negroes thereon and other expenses and also the probable produce of the farm (independent of the lands annexed to it) in ordinary years. In making this estimate every debit that could be recollected is charged and the yield thereof, on a moderate cal- culation, is credited.*® 18 Birch’s Catalogue Number 657, Item A. 19 The statement is now in the collection of the late Henry E. Huntington, Esq., San Marino, California.Of Mount Vernon 219 A week later, probably in reply to Lawrence’s answer to his letter, Washington wrote him again under date of September 28, 1799, in decided, though kind terms, of his dissatisfaction with his overseer, Mr. Anderson, and explains more fully his intended gen- erous gift of lands to Lawrence and Nellie. He also mentions his reasons for wishing them to take at a fair rental the Dogue Run Farm, mill, etc., viz.: that he may do without the services of an overseer, and attend to his estate himself, if he should not be again called into the public service of the country.” This was written while Washington was commissioned lieu- tenant general of the forces raised under President Adams, which he had promised to lead if it became necessary to take the field to repel the possible invasion by the French Republic. Mr. Anderson had persuaded Washington two years before to build a distillery near his mill under the supposedly profitable conditions of the government excise tax and regulations, which had been instituted five years before and brought about the threatened “ Whisky Rebellion.” The enterprise was costly, far beyond the estimates, and the business of buying grain, with bor- rowed money or on credit, and the making and selling of whisky proved most distasteful, as several letters testify. Mr. Anderson and his son offered to lease the distillery and there is some cor- respondence with him on the subject, but it came to nothing, except perhaps to give Washington the thought of enlisting Lawrence in the business. Lawrence Lewis and Tobias Lear seem to have been looking after the enterprise in 1799, as the ledger kept by the latter shows. It is now in possession of the Mount Vernon Ladies’ Asso- ciation. The proposition which Washington urged upon Law- rence was accepted, as we now know from this recently recovered letter from Washington to his nephew, Colonel William Augustine Washington of Haywood in Westmoreland County. 20 Birch’s Catalogue, Number 657, Item 5.220 The Estate of George Washington, Deceased TO WM. AUGUSTINE WASHINGTON Mount Vernon, Oct. 29, 1799 Dear Sir: — Your letter of the 8th instant has been duly received and this letter will be handed to you by Mr. Law. Lewis, to whom I have rented my Mill & Distillery, and who comes into your parts to see if he can procure (on reasonable terms) grain with which to keep them employed. Your advice and aid in enabling him to obtain these would be serviceable to him, & obliging to me. Mr. Lewis is a cautious man, and I persuade myself will scrupulously fulfill any contracts he may enter into,— you will be perfectly safe, I conceive, in declaring this. Two hundred gallons of Whiskey will be ready this day for your call, and the sooner it is taken the better, as the demand for this article (In these parts) is brisk. The Rye may be sent when it suits your convenience, letting me know in the meantime, the quantity I may rely on, that my purchase of this grain may be regulated thereby. Mrs. Washington has got tolerably well again, and unites with me in every good wish for you and yours. With very great esteem and friendship, I remain Your affectionate Uncle, Go. WasHINGTON.” A month later when Colonel and Mrs. Edward Carrington of - Richmond visited Mount Vernon for three days, and were the last visitors who spent more than a few hours there, they reported the General in splendid health and spirits, having much to interest him in considering the organization of the Provisional Army, as he had chosen Colonel Carrington, his Revolutionary colleague, as his quartermaster-general. The family did not retire before midnight during this visit as Washington had so much of anec- dote to recall and made so many inquiries about old friends. Mrs. Carrington, on December 1, 1799, further writes, “The family was happy over a recent event, lovely Mrs. Lawrence 99 22 Lewis, nee Nellie Custis, had become a mother. 21 Copy in Washington Mss., Library of Congress. Original in private hands. 22Miss Elizabeth Bryant Johnston, “George Washington Day by Day,” p. 177 (New York, 1895).Of Mount Vernon 221 Thus just two weeks before the end came to him Washington’s careful plans for Lawrence Lewis and Nellie were well under way to fulfillment. Not until 1805, Colonel Snowden tells us, did the Lewises build on their estate “a most commodious dwelling, much more pre- tentious than that of Mount Vernon, indeed the stateliest of all the manor houses of the upper Potomac.” ** The plans were made by Doctor William Thornton, the architect of the United States Capitol. Nellie was then about twenty-four years of age. The house commanded from its height three miles inland a splendid view of Dogue Bay, the broad Potomac and the wide-stretching valley of the distant hills of Maryland, while behind it in the dim distance rose the Blue Ridge, forty miles away. To-day the dome of the Capitol is visible to the northward, and to the south only the limits of vision determine the beauties of forest and field and stream. Woodlawn was so named because that was Lawrence’s youthful home in Culpeper County and here he lived and died as a gentle- man should, cultivating his own broad acres and administering the trusts imposed upon him by Washington’s last will in con- junction with his neighbor and cousin, Mr. Justice Washington of Mount Vernon. These two, by an agreement among the six surviving executors, were the active trustees, and when in 1829 Bushrod Washington passed on, Lawrence became the sole acting executor until his death on November 20, 1839, while visiting his brother-in-law, George W. P. Custis, at Arlington. For forty years Nellie Custis was mistress of Woodlawn and ever dispensed a generous hospitality to the guests from all lands who thronged there. Of course General La Fayette was a wel- come guest on his visit in 1824 and renewed his acquaintance of forty and more years before with his hostess, who had played about his knees in her childhood. Four children were born to the Lewises at Woodlawn: Eleanor 23 William H. Snowden, “Some Old Historie Landmarks of Virginia and Maryland”, p. 82 (Washington, 1904).222 The Estate of George Washington, Deceased Parke, who married General E. G. W. Butler and died at Pass Christian, Mississippi, near the end of the last century; Angela, who married C. M. Conrad, of New Orleans; Agnes, who died at sixteen while at school in Philadelphia, and Lorenzo, born in November, 1803. He married in 1826 Esther Marion, daughter of John Redman Coxe, of Philadelphia, and until 1840 they re- sided either there or at Audley near Berryville in Clarke County, Virginia, where Lawrence Lewis owned an estate. After the latter’s death, about the year 1840, Nellie Custis Lewis, his widow, removed from Woodlawn to Audley and lived there until July 15, 1852, when she died at the age of seventy- four. She was buried beside the vault at Mount Vernon and her place is marked by a monument which also bears inscriptions respecting members of her family buried there and elsewhere. Lawrence Lewis is said to have been buried in the vault. The fate of Woodlawn is thus described by Colonel Snowden: In 1845, the entire domain of this estate, having been almost entirely neglected through many years, presented a most forlorn appearance. Only here and there a patch of ground was under cultivation — not a handful of grass-seed was sown, not a ton of hay cut. The fields were overgrown with sedge, brambles, sassafras and cedars, and all traces of fencing had disappeared. Not a white man was living on an acre of it. Only a few super- annuated slaves remained in some rickety cabins, and these were subsisting on product from a farm in another county. The tax assessment was thirty dollars— one cent and a half an acre, although the buildings alone had cost near one hundred thou- sand dollars, just forty-three years before. It was at this period that the New Jersey colony of Quakers, purchased the property at $12.50 per acre, and subsequently, the whole tract was divided and subdivided into small farms, and occupied by improving proprietors. The mansion having a main building sixty by forty feet, with wide halls, spacious apartments and ample wings united by cor- ridors was most substantially constructed of the best materials, and doubtless its builders imagined their structure would endure for centuries, and it is only because of great neglect and severe usage that its condition now only ninety-seven years after the laying of its corner stone is so dilapidated, with its leaky roofs,Of Mount Vernon 223 its loosened casements and unhinged shutters and blinds, its broken windows and the bricks and stones falling away from its massive walls.** In recent years Woodlawn has been more fortunate and has been beautifully restored by Miss Sharp of Pittsburgh. Now it is the property of Mrs. Bertha W. Underwood, the wife of Sen- ator Oscar W. Underwood, of Alabama, and Woodlawn, like its neighbor, Mount Vernon, is again an example of what “a gentle- man’s seat ” should be. The old mill at the head of Dogue Run is all gone but the wheel pit, and the distillery long ago disappeared. Dogue Creek is no longer navigable to the mill site, being pretty well sanded in. I found a fisherman’s boat stuck deep in the mud and decaying on the bank below it. To-day the sloops and schooners of Washing- ton’s fleet could not take on their accustomed cargoes within two miles. The “ run”, which was so carefully maintained by Wash- ington to bring water to the mill, is overgrown. The present occupation and ownership of the eight thousand and ninety acres of the entire Mount Vernon Estate are divided into many, perhaps over seventy, parcels. The construction of the Mount Vernon trolley line from Wash- ington to Mount Vernon twenty-five years ago, and the exten- sion of that line during the World War to the west and south to reach Camp Humphreys (formerly the Belvoir Estate of George William Fairfax), five miles below, has brought the lands into market and they are favorite purchases by those, especially from the North, who, for sentimental or other reasons, desire homes in “ OI’ Virginny.” It is to be hoped that the movement will continue and result in making Mount Vernon the nucleus of a numerous and patriotic settlement of country houses. 24 William H. Snowden, “Some Old Historic Landmarks of Virginia and Maryland”, pp. 86-87. Also, for a recent and interesting account of life at Woodlawn while the Lewises occupied it, see Charles Moore, “The Family Life of George Washington” (1926), Chapter XV.Chapter XIX OF “MY LAND AT FOUR MILE RUN”, AND SQUARE TWENTY-ONE Grorce Wasuincton Parke Custis, the youngest child of Colonel John Parke Custis and Eleanor Calvert, his wife, the grandson of Mrs. Washington and the bearer of the names of both families, was born at Abingdon on the Potomac, just at the turn of the river below the famous Long Bridge in the district which ties Dixie to the Capital City. He first saw the light of day on the thirtieth day of April, 1781, and his father in the same year died of camp fever at Eltham near Yorktown, the night after Cornwallis’ surrender. His wife and Washington were at the bedside. Washington made the thirty-mile ride at night to be present and closed his eyes. Custis’ two elder daughters were taken by their mother when she returned to Mount Vernon, as her own charge, but Eleanor (Nellie) Custis and baby George were adopted by Washington as his own and remained to cheer and brighten the old age of the childless man whom a nation called << Father.” Young George’s life at Mount Vernon as the bright, handsome boy grew up may be easily imagined. Idolized by his grand- mother, petted by his mother and three sisters, spoiled and pro- tected by three hundred slaves for one reason or another and envied or admired by the entire world that ebbed and flowed through the gates of Mount Vernon, this young heir-at-law of the Custis fifteen thousand acres and the heir presumptive of all that Washington could give to or make of a willing and well- behaved son, he had hardly a chance to reach manhood’s estate uncorrupted. That he lived to the good old age of seventy-six honored and respected, without having made anything but decentOf “ My Land at Four Mile Run” 225 use of his power and wealth, though he did not “ set the world on fire ”, is to his credit. However, when Washington tried to instill into him a fair share of his own enterprise and ambition as the boy reached adolescence, the great commander failed, and it was again demon- strated that heredity and not environment most largely fixes the character of man. Custis’ father and mother came of a line of country gentlemen, land and slave holders, horse breeders and fox hunters, raising tobacco, corn and large families, but very little given to study. If they controlled the animal passions, left wine, women and cards more or less in their place, were polite in good company and discreet elsewhere, church, state and society were well satisfied and the future was secure. Washington had had a hard time trying to get young Custis’ father to study and stick to school and college, and failed. Many letters attest this. But in time Jack Custis attached himself to Washington at the siege of Boston and throughout the war served faithfully. . And when “ young Washington ”, as he was called, came to the years of storm and stress, Washington, then President, on November 28, 1796, and January 11, 1797, wrote to him at school: You are now entering into that stage of life when good or bad habits are formed, when the mind will be turned to things useful and praiseworthy or to dissipation and vice. Fix in whichever it may, it will stick by you; for you know it has been said, and truly, “that as the twig is bent” so will it grow. This in a strong point of view shows the propriety of letting your in- experience be directed by maturer advice, and in placing guards upon the avenues that lead to idleness and vice. The latter will approach like a thief working upon your passions, encouraged perhaps by bad examples, the propensity to which will increase in proportion to the practice of it, and your yieldings. This admonition proceeds from the purest affection for you, but I do not mean by it that you are to become a stoic, or to deprive your- self in the intervals of study of any recreation or manly exercise which reason approves. Another thing I would recommend to you — not that I want226 The Estate of George Washington, Deceased to know how you spend your money — and that is, to keep an account book, and enter therein every farthing of your receipts and expenditures, the doing of which will initiate you into a habit from which considerable advantage would result. Where no account of this sort is kept there can be no investigation, no correction of errors, no discovery, from a recurrence thereto, where too much or too little has been appropriated to particular uses. From an early attention to these matters important and lasting benefits may follow.* And much more to the like effect. Custis did not graduate at college, however, but when the French troubles arose in 1798 promptly enlisted as an ensign and Washington gave him a fine uniform. A year later, in drafting his will, Washington had all this in mind and much more as he wrote the principle he held “ to con- sider the grandchildren of my wife in the same light as I do my own relations and to act the friendly part by them”, and so the devise of the large tract he owned nearest to Mount Vernon follows. Fourth: Actuated by the principle already mentioned, I give and bequeath to George Washington Parke Custis, the Grandson of my wife and my ward and to his heirs, the tract I hold on four mile Run in the vicinity of Alexandria, containing one thousand two hundred acres more or less —& my entire square, number twenty one in the City of Washington. In addition to this generous gift, he bestowed upon him the distinction of making him, then a boy of not yet nineteen, one of his executors, the youngest of the seven he named. “If the Lord gives a man an office he usually gives him sense enough to fill it ” is an old proverb and it proved true in this case. For the death of Washington soon afterwards had a very sobering effect on young Custis. He devoted himself to his grandmother, and until her death a little more than two years later was assiduous in her service. Custis had inherited from his father the eleven-hundred-acre 1G. W. P. Custis, “Recollections and Private Memoirs of Washington”, pp. 79 and 86.Of “My Land at Four Mile Run” 227 estate of “ Arlington ”, part of which is now the National Ceme- tery opposite Washington. It adjoined Abingdon, the home of his parents, which he also owned subject to his mother’s dower right.2_ It was doubtless because of his ownership of these prop- erties, on which Doctor and Mrs. Stuart then lived, the latter being the mother of Custis, that Washington chose to give the boy the adjoining forest and the block of land on the opposite height in the Capital City. The latter is on the high point ad- joining the old Naval Observatory overlooking the recently built Lincoln Memorial and the Potomac to the heights of Arlington beyond. Washington had acquired the twelve hundred acres on Decem- ber 2, 1774, by a deed from George Mercer and others for £900, the tract being described as 1,168 acres on Four Mile Run.* The land lay on the north side of the stream which empties into the Potomac midway between the Long Bridge and Alexandria, where the machine shop, power house and barns of the electric railway now stand. It ran up the little stream to the west and uphill to the north, fronting on the Potomac for a mile and abutting two miles away on the Columbia Pike and what is now Fort Barry.* The tall trees on Washington’s land at Four Mile Run were a constant temptation to his neighbors and their depredations 2The old house in which he and Nellie Custis first saw the light is still standing, dilapidated but still beautiful in its arrangement and finish, the home of a brick-yard superintendent. It ought to be restored and preserved by its owners, the Washington Brick Company, instead of being permitted to go to ruin. 3 Washington’s Mss., 15, 1908, L. C. 4Mr. A. Jackson’s note 27 to page 3 of Washington’s will (in the pub- lication sold at Mount Vernon), to the effect that “this is the tract now known as ‘ Arlington’ which the late war has made historic as ‘Arlington Heights’; after the death of George W. P. Custis it descended to General Robert E. Lee, who married the daughter of Mr. Custis, and is now held by the United States as confiscated property, and used as a National Cemetery and home for Freedmen”, was written in 1868, and is, perhaps, an excusable blunder. The Washington forest adjoined Arlington on the south, but was not confiscated. Neither was Arlington Heights. The Government took pos- session only of the latter at the beginning of the Rebellion, for hospital pur- poses, then bought it in at a tax sale under an act of Congress levying a direct tax, but its title was successfully disputed after the war and it pur- chased the claim of the grandson of Mr. Custis, General George W. C. Lee, for $150,000 and now the title is clear. See United States vs. Lee, 106, U. S. Supreme Court Reports, p. 196 (October, 1882).228 The Estate of George Washington, Deceased during and after the Revolution disgusted him. He wrote to Bushrod Washington (January 8, 1792) asking him to proceed legally against the trespassers but “ in the name of George Aug. Washington, as my Attorney, who, I think, has been announced as such in the Gazette of Alexandria and Richmond, and I pre- sume has a power from me to that effect — not being willing to have my own brought forward in the Court on this occasion.” ° It was one of the numerous pieces he personally resurveyed during the last year of his life, as if to leave no doubts after his death concerning the monuments and distances of his possessions. On April 26, 1799, he wrote to his neighbor, Ludwell Lee, who owned some land near by and invited him to be present with others on April 29th when he purposed to run the lines and re- mark the boundaries of his land, which “ was much depredated on.” The notes Washington took of this survey were written by him on the back of a letter of introduction given by Patrick Henry to an aspiring youth. This and Washington’s transcript of the description in full are now in possession of the owners of a large portion of the property, The ‘Trustees of the Protestant Episcopal Theological Seminary at Arlington, Virginia. At the time of Washington’s death Custis was absent from Mount Vernon, he and Lawrence Lewis having gone to New Kent County on business and they did not return in time for the funeral. After their return they both remained at Mount Vernon until Mrs. Washington’s death in 1802. Meanwhile Custis came of age in the spring of that year. He then began the construction of a house in classic style for himself fronting the Potomac on land he also owned adjoining the Washington forest on the north. This became his home in 1805, when he married Miss Mary Lee Fitzhugh, daughter of Thomas Fitzhugh of Chatham on the Rappahannock. She was but sixteen years of age. He named the house and estate “‘ Arlington House ” in memory of the one owned by his great-grandfather on the eastern shore of Virginia, who honored the Earl of Arlington in naming his. 5L. C., W. Mss. Letter book 11., p. 82.Of “ My Land at Four Mile Run” 229 George Custis’ subsequent career is a matter of history and easily available. He lived the life of a very wealthy country gentleman and a dilettante in art, literature and science. He posed a bit on political occasions. He attended, for example, every presidential inauguration from Washington’s second to Buchanan’s. He entertained La Fayette and other foreigners lavishly. He died in 1857.° What Custis did with the Washington forest is matter of record. First he obtained from the County Court of Fairfax County, which had jurisdiction, a license to build a mill dam in Four Mile Run and establish a grist mill there. This had been one of the points of value of the tract in Washington’s eyes. The mill Custis built was operated almost until the Civil War. In the course of time he was persuaded, by two deeds, to give or sell to The Protestant Episcopal Theological Seminary the southeasterly portion of the tract, the hill site on which its structure stands. Just how much he had left of the twelve hun- dred acres at his death is not now known, but it was perhaps one half. He was desirous, when he came to draw his will at seventy- four years of age, that his name should be continued despite the fact that his only child was a daughter, namely, Mary Ann Ran- dolph Custis Lee, the wife of General Robert E. Lee (then Colonel Lee). He therefore left to her Arlington’s eleven hundred acres “ and my mill on Four-Mile Run, in the county of Alexandria and the lands of mine adjacent to said mill in the counties of Alexandria and Fairfax in the State of Virginia, the use and benefit of all just mentioned during the term of her natural life, together with my horses, carriages, furniture, pictures, and plate, during the term of her natural life.” “On the death of my daughter, Mary Ann Randolph Lee, all the property left to her during the term of her natural life I give and bequeath to my eldest grandson, George Washington 6 His career has been described by the authors of the pamphlet entitled “ Historic Arlington” (Karl Decker and Augus McSween, Washington, 1892), and his own Memoirs (Washington, 1859), and, with notes, by B. J. Lossing (New York, 1860).230 The Estate of George Washington, Deceased Custis Lee, to him and his heirs forever, he, my said eldest grand- son, taking my name and arms.” * The will is dated March 26, 1855, and Custis died on October 10, 1857. Mrs. Lee survived him until 1873. Meanwhile the Rebellion came and Colonel Robert E. Lee’s son, George Wash- ington Custis Lee, followed his father into the Confederate Army and rose to the rank of major general on his own merits. He had no fancy, it seems, to drop the historic Lee from his patro- nymic and never took his grandfather Custis’ name and arms. His brother and sisters helped him to keep his father’s name and the estate of his grandfather also. They gave him a release of their possibility of claim to their grandfather Custis’ estate be- cause of his failure to adopt his name and arms * and thus his title was perfected. Major General Lee was a bachelor and after recovering the sum of one hundred and fifty thousand dollars from the United States for the Arlington estate in 1883 (pursuant to the decision of the Supreme Court of the United States in the case of United States vs. Lee), he lived the life of a country gentleman on part of his estate at Four Mile Run. He succeeded his father as President of Washington and Lee University. On August 29, 1898, he conveyed three pieces of the tract, of 156, 182.09 and 36.27 acres respectively, to the Theological Seminary, or a total of 324.36 acres, by a deed which is recorded in Rosslyn Court House. That part of the tract not acquired by the seminary is now divided into numerous farm tracts extending from twenty acres upwards and is rapidly being subdivided into suburban tracts for villas and smaller lots. During the Civil War the timber was cut by the military forces of the United States which camped there in thousands for four years. A second growth covers much of the ground to-day. Earthworks and small forts abound but are fast disappearing, and unless soon preserved by markers of historic sites, Wash- 7¥For G. W. P. Custis’ will, see Appendix VI. 8 Recorded in Liber B, No. 4, p. 414, Alexandria (Va.) County CourtOf “My Land at Four Mile Run” 231 ington’s forest and all local knowledge of it will have disappeared before the waves of progress and expansion which no one more clearly foresaw than he. OF SQUARE TWENTY-ONE The reader will recall that in the devise to Custis quoted in this chapter Washington also gave him “my entire square number twenty-one in the City of Washington.” These were the words with which he closed page twenty-three of his will and it is the only time that he is known to have men- tioned that city by that name. It is also the page of the will on which he did not place his signature, although he wrote on the first page “ every page thereof subscribed with my name.” Square Twenty-one is situated in the southwest portion of the city on the edge and downward slope of Peter’s Hill, between E and D streets and 26th and 27th streets, N. W. The Naval Hospital (formerly the Naval Observatory) lies east of it; the Heurich Brewery, now devoted to Volstedian products, is south of it. It overlooks the famous Potomac flats, now rapidly chang- ing into a magnificent National Parkway, called the Mall. The Lincoln Memorial is just beyond it and in the hospital garden near by, but in a well and eight feet below the surface of the newly made ground, is the famous “ Braddock’s rock ” on which he landed that division of his unfortunate army which took the north bank of the Potomac in its march to oust the French from Fort Duquesne. To the south and west Square Twenty-one faces the Potomac and Arlington. In selecting this block as one of his purchases in September, 1793, to encourage the sale of lots at auction in the embryo Federal City, Washington may or may not have been moved by sentimental reasons or merely those of taste and business policy. The location was on one of the three hills which graced the lowest bench of the Potomac valley, the President’s “ Palace ” and the Capitol being located on the other two, as he had planned the city with Major L’Enfant, the engineer and Mr. Ellicott, the sur- veyor who succeeded him.232 The Estate of George Washington, Deceased Near by it was old Mr. Peter’s dwelling which stood until a few days ago, just east of and beyond the Naval Hospital. Mr. Peter was Washington’s friend. His son had married Miss Custis, Mrs. Washington’s granddaughter, and the families were intimate. There was an old subdivision on this point and the bottom land just below it running to the river. It was an ad- dition to Georgetown just west across the mouth of Rock Creek and as evidence of its mercantile and shipping ambition its owner had called it Hamburg. It was laid out to meet the growth of the town caused by Washington’s Potomac Canal. In one of his letters Washington tells how he unwillingly (being poor) invested much good moneys in this Square Twenty-one and in some water lots in Square 654 on the Eastern Branch at the diametrically opposite end of the town map, to stimulate the bidding at the sale held by the Commissioners and rather deplores the unprofitable prospect, years later. His prudent method also is shown in his letter to the Commissioners dated March 14, 1794, saying in reference to his purchase on the Eastern Branch “the doing of which was more the result of accident than pre- meditation and being, unwilling, from that circumstance, it should be believed that I had greater predilection to the Southern part of the City, I proposed the next [day], the sale being continued to buy a like number of lots m Hamburg Square 21.” The plan Washington had for the location of a national uni- versity was to put it on the near-by upper portion of Peter’s Hill, running from the then water’s edge back to what is now Wash- ington Circle. This would have made the university his next-door neighbor and he would have realized the dream he had of spending part of his declining years in academic shades, watching the development of his favorite project for the education of the youth of our land, in an environment ensuring republican political principles and simplicity of social life rather than foreign views and habits. For Washington had the intention of building a home for him- self on this Square Twenty-one if he ever could afford it. He had his friend, Doctor Thornton, the first architect of the Capitol,Of “ My Land at Four Mile Run” 233 make a topographical survey of the tract, giving him the exact lines of elevation of the surface which is half on top and half on the slope of Peter’s Hill, as it runs off to the Potomac, three hundred feet to the west. Doctor Thornton evidently did a good job in more respects than one, as will be seen by a careful read- ing of these letters. T'o Washington City of Washington Oct. 6, 1797 Respected Friend: I have sent the section of Square No. 21 with an Alteration made by the red line which is allowing as much as the Surveyor, on attentively considering the Ground, thinks can be made with propriety. I have directed the general plan of the Levels to be made correspondent. I request you will be pleased to accept a Dozen Bottles of what may be truly called the Heart of Oak. It is old Spirit that was distilled upon my own Estate in the Island of Tortola, 28 years ago and has obtained the deep colour by standing in oak Casks ever since. It is as good as a Tincture of Bark and would be of no dis-service to a Virginia Planter in a Dram Fog. Your respectful friend Wiri1Mm THorNTON. To Dr. Wiliam Thornton Mount Vernon 10th Oct. 1797. Sir: Your favors of the 6th & 8th instant have both been received, and I pray you to accept my thanks for the rare & valuable present you have made me. Being the produce of your own Estate renders it more acceptable, and nothing will add more to the gout * of it, than your coming sometimes to participate in the taste — fog or no fog. I have no doubt that the section of Square No. 21 is judiciously designed. It is perfectly agreeable to me. Mrs. Washington unites with me in best regards for Mrs. Thornton and yourself & with great esteem I am Dear Sir Your obedient & Humble Servant Go. WasuinecTon.*® 9 French, meaning taste or relish. 10 See Vol. II, p. 291, “The Doctor William Thornton papers”, L. C. ?234 The Estate of George Washington, Deceased Block Twenty-one consisted of four lots of equal size. The records of the Recorder of Deeds in the District of Colum- bia show that Washington acquired title to lots two and three by deed from Robert Peter dated May 11, recorded May 16, 1795, and to lot four by a similar deed dated October 3, recorded October 10, 1798. No conveyance to Washington of Lot one appears of record. The title to that remained in Peter, who re- ceived it from the Commissioners, under the scheme of division of the lands. The block is not large, containing but 49,998 square feet or about one and one-sixth acres. It lies at the remotest point from both the center of Georgetown and the Capi- tal. In the subsequent development of the two towns and after they grew into one city, it was always in the neglected part of town. After Washington’s death the value of land, especially in the remoter parts of the city, depreciated materially. His plans for a national university on the hill near by came to naught. The old breast-works which were built there during the War of 1812 indicate its remoteness then from the settled portions of the city, and its present neighbors, the gas tank on the north and the brewery on the south, characterize its continued “ back-yard ” nature in the later enlarged city. Just below it on the river bank was the extreme end of the dock line of the canal improvement and the storage warehouses there and a railroad switch track in 27th Street indicate its uses. That part of Washington has always been neglected, and part of its streets are not yet paved. The hillside is rough and ragged to-day and the neighborhood has the appearance of a dump. Lots one and four of Square Twenty-one, on the hilltop, are occupied by the icehouse and shipping plant of the Heurich Brewery, a part of the hill having been cut away to make a level foundation for them; lots two and three, on the lower level, are built over with rows of very small two-story brick tenements of the poorest class, inhabited by laborers. What Custis thought and did about the Square we have little means of knowing, except that in his will, dated in 1855, he said,Of “My Land at Four Mile Run” 235 “TI give my lot in Square No. 21, Washington City to my son- in-law Lieut. Col. Robert E. Lee, to him and his heirs forever.” When Custis died in 1857, Colonel Lee was in Texas but returned to Washington shortly afterward and remained for a couple of years, taking command in 1859 of the U. S. Marines who were sent to protect the State of Virginia from the riotous doings of one John Brown and his handful of followers at Harpers Ferry. That excursion being successfully accomplished, he returned to his post in Texas until the fateful days of March and April, 1861. He seems never to have moved to possess himself of Square Twenty-one nor did his kin. In spite of the fact that every glance northward from his home at Arlington across the gleaming river fell upon Peter’s Hill and Square Twenty-one, Custis did nothing to preserve his right and title to Washington’s gift. In the first place he learned soon after Mrs. Washington’s death, if not before, that Wash- ington’s will was legally ineffectual in that part of the District of Columbia derived from the State of Maryland. In that part, called the County of Washington, the laws of Maryland in force at the time of the cession to the General Government prevailed and by virtue of these no will of lands and tenements was valid, though written by the testator himself, unless three witnesses saw him sign it, heard him declare it and joined their signatures to his in attestation of his act. When these facts became known to the executors and heirs, they nevertheless filed a copy of the will in the District Court of the United States at Washington City, asked that it be admitted to record upon the certificate of its probate in Fairfax County, Virginia, under the rules of comity prevailing between the States and the full faith and credit clause of the Constitution, subsequently held by the Supreme Court to be inapplicable. The court admitted the will to record and issued letters of administration to two of the executors, but nothing further was done. The proceeding died there,’* under the Supreme Court decision. Then the beneficiaries under the will who were of lawful age 11 See Chapter XXYV.236 The Estate of George Washington, Deceased and the guardians of those who were not entered in the agree- ment of 1802,”* by which it was agreed that the provisions of the will should be carried out despite its invalidity beyond the con- fines of Virginia, and in respect to all the lots in the District except those in Square Twenty-one, steps were subsequently taken by proceedings in the Chancery Court to sell them and apply the proceeds to the purposes of the will. Square Twenty-one, having been specifically devised to Custis, was not included in these proceedings and he was left to “ gang his ain gait.” Nothing further appears of record, until 1830. Shortly before that date, Congress authorized the sale of lands in the District of Columbia or City of Washington for the non- payment of taxes (a power which had not theretofore existed) and on August 10, 1830, there were conveyed, as appears by a deed of that date recorded December 10, 1830, by the City of Washington to one William Gunton, lots one, two and three in Square Twenty-one, and by a like deed dated June 23, 1864, recorded July 11, 1864, the City conveyed lot four to John Fearson. Gunton died without a will and his heirs partitioned their lots into small sublots. They still own those in lots two and three, but they conveyed their interest in lot one to the Heurich Brewing Company. The Fearson interest in lot four was acquired also by the company after the Civil War and long possession under these titles has made them apparently good. One of the incidental reasons for the neglect of this property was the proximity to the unwholesome tide lands just below it on the east, known as the Potomac flats. When the expansion of railroads began to make these valuable for their purposes, and the Baltimore and Ohio Railroad Company undertook to re- claim them under its riparian rights by virtue of a narrow right of way along the river bank, a litigation arose in which the Government was victorious after a long struggle. Then began that course of improvement by filling in and rais- ing the flats eight feet or more and securing them by docks against the riyer’s overflow, from all of which grew the splendid 12 See Chapter IX.Of “My Land at Four Mile Run” 237 system of parks and boulevards which now constitute the front yard of Washington. Sometime, as planned, these will be con- nected along the west front of Square Twenty-one with the near-by valley of Rock Creek, where it debouches into the Potomac, and join the Rock Creek Park system.Chapter XX OF THE FINAL CLAUSES AND THE WASHINGTON MONUMENT Havine thus finished with the particular gifts of his estate, Washington turned to the necessary plan or scheme of distribu- tion of the great bulk of his property. The parts he had so far given (after the death of his wife, who received it all for her natural life) were in value perhaps equal to two hundred and fifty thousand dollars, omitting any estimate of the one hundred and twenty slaves whom he owned in fee. Upon the remainder of his estate, of which he appended a schedule to his will, he placed a very moderate estimate which totaled five hundred and thirty thousand dollars; it probably was worth even then seven hundred and fifty thousand. So we can easily understand why it was that he was rated a millionaire. His remaining possessions, covering sixty-four thousand acres of the best bottom or other arable lands, were selected by the most skillful “land lookers ” of the time,— himself, the Craw- fords and other agents. They constituted an estate of one hun- dred square miles, which was the finest stake in the outcome of the Revolution. It is no wonder that the shrewd Yankee, John Adams, chose to back its master, in preference to John Hancock, for the position of commander in chief of the armies, with the reported declaration, when Washington accepted, “ There goes with him the Greatest Estate in the Colonies to fight King George.” Of course he had in mind also the great Custis possessions. For the purpose of an equitable distribution of the residue of his estate, Washington devised an almost automatic scheme of division with the alternative which would enable all or any part of the estate to be sold by his executors and the money receivedThe Final Clauses and Washington Monument 239 for it divided in place of the land. He placed the partition of the land first, however, and permitted a sale only “if an equal, valid and satisfactory distribution of the specific property can- not be made without.” His purpose clearly was that his kin and his wife’s should follow in his footsteps and be and remain land- owners and planters. Even his holdings in the Potomac Company (deemed real or land property) he advised to be held for the great future which he saw for its canal project, this being in his opinion chiefly an improvement beneficial to lands though also profitable in dividends. And so he wrote: Fifth: All the rest and residue of my Estate, real and personal not disposed of in the manner aforesaid — In whatsoever con- sisting — wheresoever lying and whensoever found — a Schedule of which as far as is recollected, with a reasonable estimate of its value is hereunto annexed —I desire may be sold by my Executors at such times —in such manner and on such credits (if an equal valid and satisfactory distribution of the specific property cannot be made without) as, in their judgment shall be most conducive to the interest of the parties concerned, and the monies arising therefrom to be divided into twenty-three equal parts and applied as follows — viz: Then followed the list of distributees which has been explained in Chapter VI.* In the course of later chapters we shall see the history of that distribution under the heads of the various tracts of land con- stituting the residuary estate. We have heretofore referred (in Chapter VI) to the wise plan Washington followed in naming seven executors and their conduct of the estate will be exhibited in the concluding chapters. At this point it seems suitable to deal (in the order of the will) with the next subject it touches upon, “the family Vault at Mount Vernon requiring repairs, and being improperly situated 1In the groups and individuals so named he included all his own and his wife’s kindred and the proportions were fixed by the natural laws of con- sanguinity, except in the last clause wherein he rewarded his two nephews, Bushrod Washington and Lawrence Lewis, and his grandson, Custis, for their services as executors.240 The Estate of George Washington, Deceased besides. I desire that a new one of Brick, and upon a larger scale, may be built at the foot of what is commonly called the Vineyard Inclosure,— on the ground which is marked out.— In which my remains with those of my deceased relatives (now in the Old Vault) and such others of my family as may chuse to be entombed there, may be deposited.— And it is my express desire that my Corpse may be interred in a private manner, without parade or funeral oration.” The funeral oration was omitted, the funeral was private enough, considering everything, but as may be learned from Mr. Lear’s narrative the military and masonic parade, though small, was not avoided. The old tomb is still in existence and is situated on the hillside just south of and a little to the right of the Mansion House.” It was subject to seepage and earth slides and so needed constant watching and repair. It was also too small, and, to Washington’s practical mind, altogether lacking. He selected the spot to the west of the mansion on the sunny side of the grounds, free from the faults mentioned, and early in the December of his death, while indicating some improvements about his grounds which he intended to make, he pointed it out to one of his nephews and explained his purpose, saying, “This change I shall make the first of all for I may require it before the rest.” But it was not until a vandal tried to steal his body from the old vault thirty years later that the executors found time or money to carry out his careful plan. Then Lawrence Lewis and 2As an executor of his brother’s (Lawrence) will, George faithfully ful- filled the wish it expressed “that a proper vault, for interment, may be made on my home plantation, wherein my remains together with my three children may be desently laid, to serve for my wife, and such other members of my family as may desire it.” Ford, “Wills of George Washington and His in- mediate Ancestors.” “He built the vault on the brow of the hill about two hundred yards South of the house, and in plain view of the South windows. It was built of brick and sandstone and survives today, with its arched entrance over oak doors. It sinks into the green bank in such a way that it seems part of the hill side. There Lawrence and his children were laid, and it received and held the remains of the family who died at Mount Vernon, for nearly one hundred years.” Wilstach, “Mount Vernon”, p. 34. Beginning at page 223 and ending at page 286 of that excellent book will be found, in a dozen places, the paragraphs from which the remainder of this story of the tomb is mainly compiled.The Final Clauses and Washington Monwment 241 George W. P. Custis undertook to fulfill his desire. The wooden casing of Washington’s leaden casket had been three times re- newed in the three decades since his death, so rapidly did damp- ness and decay perform their work. In 1830 the executors contracted for the construction of the new tomb, and in 1831 it was ready for the transfer of the remains of the deceased members of the Washington family. When this had taken place the centennial year of Washington’s birth came on and in 1832 the proposal to remove his remains to the Capitol was again agitated. Congress renewed the request to the Wash- ington family, and a platform was prepared for his sarcophagus in the crypt under the center of the dome of the Capitol of the United States. But it remains untenanted to-day, and the Gen- eral and his wife repose in the quiet of beloved Mount Vernon, as his relatives refused to give a permission contrary to the desire expressed in his will.” At this time, John Struthers, of Philadelphia, asked and re- ceived permission to present sarcophagi for the two bodies, which he proceeded to chisel from solid blocks of marble. When the Congressional effort was finally abandoned and it became certain that Washington’s wish to remain at Mount Vernon would be respected, Mr. Struthers presented the sarcophagi to the Wash- ington family for use in the family vault. * Attention was called to the fact that the marble would dis- color and perhaps decay with damp and darkness behind the iron door of the vault. It was then decided to build the vestibule that the marble caskets might have air and light. This was com- pleted in 1837, when the remains of George and Martha Wash- ington were sealed in the marble sarcophagi in the places where they have since rested in the open vestibule before the vault.* The marble receptables are severely plain. That of Washington has on its upper surface a sculptured device in high relief repre- 3 The inscription on George Washington’s coffin is — name, date of birth and death. “‘ Gloria Deo” —“‘ Surge ad Judicum.” 4The original contract between Lawrence Lewis, as executor and William Yeaton, dated June 26, 1835, for building the wall and gateway around the tomb was sold on December 10, 1890, at Birch’s sale to W. R. Benjamin for $65.242 The Estate of George Washington, Deceased senting the eagle above the American shield against a drapery of the Flag of the Union. Beneath this is the single word ‘ Wash- ington.’ Martha’s has carved on its upper surface the words ‘Martha, Consort of Washington’ and on the upright surface at the end ‘ Died May 21, 1801, aged 71 years.’ This is obviously erroneous. Martha Washington died May 22, 1802.” ° From that date on the tomb of Washington has been America’s Mecca and the nations of the earth have sent their noblest repre- sentatives to do it honor in admiration, respect and affection. Here inspiration has been sought and made vocal in many a crisis and many a solemn festival. In the greatest effort of the people, during the year 1918, of July fourth, it was here that Woodrow Wilson and the people of the United States joined in their pledges of faith to the Allies and justice to the enemies of democracy and declared their high resolve to carry through in the spirit of Washington.° THE WASHINGTON MONUMENT Every man of estate is entitled to a proper burial and burial place and a monument to mark his grave, suitable to his means, his position in life, his estate and his deserts. This is the rule of probate courts in determining the reasonableness of the amounts expended for these purposes by executors and administrators. 5 Wilstach, “ Mount Vernon”, p. 250. Since the text was written the date on Martha Washington’s sarcophagus has been corrected. 6 [bid., p. 266: “ From the time that the bodies of Washington and other members of his family were removed in 1831 the old tomb was abandoned and allowed to decay. This spot so precious in association was reclaimed in 1837 by contributions from the State of Michigan and restored as nearly as possible to the condition in which Washington put it when he built it in pious ful- fillment of his brother Lawrence’s will. The Capstone inscribed “ Wash- ington Family” had been removed and was lost sight of for many years. It was discovered at Woodlawn Mansion, worn by service as a carriage block and was replaced in its ancient position.” Page 268: “ Washington declared the old tomb to be ‘improperly situated.’ The reasons thereof were the springs which on an extensive stratum on the Virginia side of the Potomac, render the adjoining banks liable to slides. Mount Vernon Mansion and the old tomb stand on a height which has been peculiarly susceptible to danger from this source. Minor slides occurred at intervals. To forestall further danger the hill was, in 1904, tunnelled by Mr. Archer’s suggestion, and under his direction, and is now drained of twenty thousand gallons of water a day, an engineering feat as unique as it was successful in its preservative effect.”The Final Clauses and Washington Monwment 243 Washington’s will made no provision beyond the necessary tomb for himself and his kindred. He troubled not about a marker or a monument. Neither did his kin, his State or his Country. True, the latter made an attempt at it by proposing to place his remains underneath the new capitol and Mrs. Wash- ington concurred, but as we have seen nothing came of it. Later, when it was proposed to the State of Virginia to purchase and protect Mount Vernon, the State declined. The interference and aid of the United States Government was not welcomed and for that reason perhaps was not obtained. It was the glorious day of “ States rights.” Later the efforts of the women of the nation purchased and protected the tomb and preserved the home of Washington and the nation from disgrace. The monument question had a long, strange and eventful his- tory. It gave rise to years of talk, resolutions, struggle, plan- ning and effort and then seemed to end in disgraceful failure. Not until 1833 was the Washington Monument Association, a voluntary private enterprise, instituted, and only in 1848 was the corner stone of the great shaft beyond the White House in Washington City laid. But the work lagged and for thirty and more years the stump of the proposed shaft stood as a symbol of a disunited and perhaps irretrievably broken Union. Finally, after a civil war greater than any other, Congress was induced to appropriate funds to finish the work as originally planned, in substance, but the emblematic porch surrounding it, to be deco- rated with sculptures of the heroic acts of the Revolutionary heroes, was abandoned. On February 21, 1885 (the twenty-second falling on Sunday) the great shaft had been completed and was dedicated with elabo- rate ceremonies. From that day forth it has dominated the City and the lands about in a circle of fifty miles diameter, and stands as a symbol of unity. Its shining aluminum tip, touched by the sun, is a gleaming light five hundred and fifty-five feet and five inches above the surface of the ground. Its nearest neighbors on the west are the tops of the Blue Ridge, while on the east the gentle hills of Maryland look up to it. The broad Potomac244 The Estate of George Washington, Deceased glistens like silver as it courses about it on three sides, east, south and west, and behind it rises the great dome of the Capitol. While that shaft stands, the memory of Washington should not again suffer the eclipse it fell into from 1800 to 1865. If it ever does again, the nation will go with it and deserve to. Robert C. Winthrop, of Massachusetts, Congressman from 1842 to 1850, Speaker of the House of Representatives in 1848, Senator in succession to Daniel Webster, and an orator superb, who had been sworn into the office of speaker by John Quincy Adams, ex-President of the United States and then Dean of the House, who in turn had received his first commission as a public servant under the signature of Washington as President, with the brand new seal of the United States in 1791, was called upon =n 1848 to make the address at the laying of the corner stone of the monument, as substitute for the selected orator of the day, Mr. Adams, who fell at his post in Congress and died on February 22, 1848. The corner-stone ceremony took place on July 4, 1848. Again in 1885 Congress asked the then aged Mr. Winthrop, well on in his seventy-sixth year, to deliver the dedicatory address on the twenty-second of February of that year. He prepared an oration which fully met the occasion but on the day appointed was confined to his home by illness. His address was most effec- tively read for him by John Davis Long, then Congressman from Massachusetts, later Secretary of the Navy, and himself a finished orator in the prime of life. And so, after nearly a century, the tallest shaft in the country suitably memorialized its greatest man.Chapter XXI OF THE ESTATE IN THE CITY OF WASHINGTON Tue agreement of the beneficiaries under Washington’s will that its provisions should be fully carried out, notwithstanding the will’s insufficiency in States other than Virginia was soon put into execution in the District of Columbia. A petition was filed on November 15, 1802, in the office of the Register of Wills for Washington County (as Congress had designated that part of the District north of the Potomac and lately a part of the State of Maryland). The prayer of the petition was that the will be probated and that letters testa- mentary be issued to George Steptoe Washington, Samuel Wash- ington and Lawrence Lewis, three of the executors named in it. The case is on the administration docket (Number 1) as cur- rent Number 22 and the record shows that letters were issued accordingly the same day. The executors filed their bond in the sum of fifty thousand dollars, with James Barry and Thomas Grafton Addison as sureties, running to the United States of America. It is recorded in Book J. H., Number 1, on page 28. The will was duly recorded in book J. H. 1, of wills, but the record has become so dilapidated that a fair copy in typewriting has now been made in Will Book I, at page 27. It shows a duly certified copy of the will and the probate record in Fairfax County, Virginia County Court, and a printed copy of the will and schedules (the first or Alexandria edition) is in the files. Except the executors’ oath (in Bushrod Washington’s hand- writing) duly signed by the executors, but not attested by an officer or dated or bearing file mark, there is no further proceed- ing in this office in the estate. As it owned no personal property in the District no accounting was had there.246 The Estate of George Washington, Deceased The lands Washington owned in this county of the District were Square 21 (to which we have already referred), the water lots on the Eastern Branch and two houses and lots on Capitol Hill. The water lots were numbers 5, 12, 18 and 14 in Square 667 near the then new ferry on the road to Baltimore via South Capitol Street, and the houses were on North Capitol Street, east front between B Street and Indiana Avenue, on the crest of a hill which has since been leveled. THE NORTH CAPITOL STREET HOUSES The story of Washington’s investment here is preserved in his correspondence and is an illuminating example of the difficulties encountered in establishing a nation’s capital in a forest far from every base of supplies. Washington had strongly favored the location of the capital on the Potomac for political reasons, to aid in cementing the Union and to avoid local jealousies and influences. He had selected the site, after a personal survey of the seventy miles along the river north to Williamsport prescribed by Congress. He had induced the planters who owned the site to join in grant- ing the necessary streets, avenues, alleys and parks, besides one- half of all lots to the Federal Government, in the magnificent plan which Major L’Enfant had constructed under his direction by laying the diagonal avenues of Versailles across the regular squares of conventional American design. When it came to selling the lots held by the Government in 1793 to raise the money for building its buildings and laying out streets, etc., for which Congress made almost no appropria- tions, there was a European war panic in the land and only meager prices prevailed. Washington attended the sales in person and to encourage bidders he bought the water lots on the Eastern Branch, and then to show no favoritism he purchased also Block 21 on the opposite end of town. It was not at this time, however, that he thought of the Capitol Hill property. The business of building the public buildings and7 a ~ 7 % - CP. hen Ce ee Ce Cue LY Ati# Ax» c B YU Z— : A is © oe a ey A—_ 2 Dn (ee a enn dD WV we W Ce— 6 erties l aes 7 7 ~~ —- 1 o Aa Fee 6 De ee we 4AR “oO Jia « By Si ~ _ = * ao tft. Chi. Chins © 8 me Atif 1 AY or C2 oie LO - ut. 7 —o—— es Yeo > wv Ao men het) tee a 2 d ae he Uh : me ae - Fined —- i . O fem tte ee eas or =F —p f te —_ Aa OO Ba Orr? 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CL \ sf a eo ia ‘ Ar ae — loa fA glem fa L645 a Gok: ‘ eee LETTERS TESTAMENTARY ON WASHINGTON S WILL, ISSUED IN THE DISTRICT OF COLUMBIAOf the Estate in the City of Washington 247 connecting them by streets and providing the necessary stores, dwellings, hotels and other accommodations had dragged along for five years more, through commercial stringency and political opposition when Thomas Law in May, 1798, wrote to Washing- ton, then out of office: An example alone is wanting to encourage private buildings. Pardon the liberty I take in suggesting to you how much your building one house at this crisis would ensure the rapid rise of the city by doing away doubts. . . . Your name would effect much. I speak my most real solemn sentiments when I say that some measure of this kind is necessary lest this year should pass away and Congress depute a member to report whether accom- modations are ready or preparing for Congress.* Washington visited the city at once and spent several days at the home of his wife’s granddaughter, Mrs. Law, on Capitol Hill. But scarcely had he returned to Mount Vernon when another and far more serious matter engaged his attention. Hamilton wrote him of the return of the United States Commissioners from France and the probability of a rupture and war, “ You ought to be aware... that the public voice will again call you to command the armies of your country. . . . All your past labors may demand to give them efficacy, this further, this very great sacrifice.” He was appointed and confirmed commander in chief July 2, 1798, and until well into September was busily engaged in the correspondence which set in train the organization of an army. September twelfth, in a letter to Alexander White, one of the District Commissioners, he resumed the subject of a purchase of lots on Capitol Hill and said: As I never require much time to execute any measure after I have resolved upon it, if an undertaker could be engaged in the City or its vicinity to dig the cellars and lay the foundations and the Commissioners would do me the favor to enter into a con- tract therefor to the basement story, I could wish it to be set 1L. C., W. Mss., Vol. 287, 38461.248 The Estate of George Washington, Deceased about and executed this fall, the earlier the better. . . . I have determined to commence two and if I can procure the means, com- plete them both in the course of next summer.’ A few days later he received a letter from John Francis, the Philadelphia hotel keeper at whose house President Adams had resided for the past three years, saying that he had learned of Washington’s intention to build and asking terms of rental if the buildings be adapted to boarding-house purposes.® A building permit was issued by the Commissioners on Sep- tember 24 and the purchase of two lots, one from the Commis- sioners and the adjoining one from Daniel Carroll of Duddington, was concluded. ‘These lots comprised fifty-four feet and eight inches on the west side of Capitol Street between B and C streets. (The latter is now Indiana Avenue.) The legal description was Lots 6 and 16 in Square 634, and the price for the former was $428.40 payable cash and for the latter was $535.70 payable in installments, one-third cash and the remainder in two equal annual payments. Washington closed the purchase at once by sending his checks for the money required and asked the Commissioners to pass on the estimate of Mr. Blagden for the buildings, ‘‘ to prevent any Imposition on me.” On October 4, Washington writes to the Commissioners that the estimate “ far exceeds any aggregate sum I had contemplated or think I could command. . . . Eight or ten thousand dollars was the extent of my calculation.” A little later he wrote them again, “I have resolved to agree to Mr. Blagden’s terms, that is to give him $11,000 to build the two houses I taking upon myself the painting, glazing and iron- mongery. For I find including the price of the lotts and en- closing them, with the cost of the buildings in the manner I am proceeding, the Rent I shall be able to obtain will scarcely give me common interest for the money that will be expended, but having put my hand to the work I must not now look back.” 21. C., Commissioners of District of Columbia Papers. 31. C., W. Mss., Vol. 297, 39867.Of the Estate in the City of Washington 249 The contract was signed accordingly, but as usual the pros- pective tenant and the contractor soon suggested changes in the front and cellar, in which Washington concurred, and thus had a bill for “ extras ” on October 28, 1798,* even before the ground was broken. Likewise his trip to Philadelphia, which immedi- ately followed in the interest of army organization, resulted in an *‘ can be given a pediment in the inquiry on his part if the houses roof and dormer windows on each side of it with sky lights in the rear and what the additional cost will be.” ° Doctor William Thornton, the architect of the Capitol, made the plans for the houses and superintended their construction. His papers have been preserved and are to be found in the Library of Congress, Manuscripts Division. It appears from them that his services, probably gratuitous, were duly appreciated by Wash- ington, for he wrote him on July 2, 1799, enclosing a check for > and saying: “* Your favor of the 25th has been the “ undertaker ’ received, but you have mistaken the case entirely with respect to the Asses who were sent to my Jacks, charging you nothing for the services of the latter, and not designed to lay you under obligation, but a feeble effort to repay the kindness you have heaped on me.” Other payments soon followed and on November 27, Wash- ington sent Doctor Thornton a payment on account of the build- ings, making seven thousand dollars to date and that ended his connection with the enterprise, for before the next payment matured Washington had gone to another mansion and his execu- tors hurriedly provided the sum due. Doctor Thornton continued to represent the estate in the com- 5 pletion of the buildings ° and has left a perfect record of his pro- ceedings prior to Washington’s death in a letter and account (of which a duplicate is in the Thornton papers, Vol. III, p. 381) addressed to Colonel Tobias Lear, on January 20, 1800. 4 Washington to Commissioners of District of Columbia, L. C. 5 Washington to Doctor William Thornton, December 20, 1798, L. C., Vol. 219, W. Mss. 6 An interesting account of the buildings is to be found in Vol. VII of Columbia Historical Society records, p. 66, written by Henry B. Looker.250 The Estate of George Washington, Deceased The houses were completed during the year 1800. It appears from the executor’s accounts that General Henry Dearborn, the Secretary of War in Mr. Jefferson’s Cabinet, occupied one of them in 1802, for he is credited with paying Bushrod Washington $450 on account of rent. Who occupied the other house, or whether or not General Dearborn found use for both, is not told in recorded form. Presumably John Francis or some other caterer to Congressmen held the lease. In the year 1814 General Dearborn was still Secretary of War, then under James Madison’s presidency and when the British made their unwelcome visit to our Capital that year in the course of the War of 1812, the commander ordered the White House, the Capitol and its contents destroyed by fire. In an inquiry subsequently made by the House of Representatives as to the cause of the loss of some of its records not properly removed in the flight from the Capitol building of that day, it appears that on the day before the fire “after the first defeat of our troops at Bladensburg, Mr. Frost removed them [certain books | to the house commonly called General Washington’s, which house being unexpectedly consumed by fire, these records were unfortu- nately lost.” ‘ Thus the respect shown for Washington’s estate at Mount Vernon during the Revolution and in this war suffered an eclipse. The records were undoubtedly sent to the house of the Secretary of War for the supposed safety assumed in case of private build- ings, but either the persistent pursuit by the soldiers or the acci- dent of proximity sealed their fate when the Capitol was de- stroyed. With them went the only structure in the District erected by Washington for himself. The sound brick walls, charred and blackened, stood until the estate sold the lots “‘ as is ” to David English on July 25, 1817. Then, Mr. Looker tells, the structure was remodeled and rebuilt into the Hillman House and subsequently named the Kenmore 7In Vol. II, American State Papers, Mss. 245, is printed a report made to the House of Representatives on September 20, 1814, by its clerk, to explain the destruction of part of its records by fire during the invasion the month before.Of the Estate in the City of Washington 251 House (after Betsy Washington Lewis’ house in Fredericksburg, Va.). The new Kenmore was an enlarged structure comprising five stories and mansard. The original left by Washington was only three stories and dormer. On pages 64 and 68 of Mr. Looker’s essay will be found illustrations which depict the build- ing during the late Civil War and at the time the land was taken over by the Government in 1910. Then the building was torn down and the lots embodied in the space intended for park pur- poses between the Capitol and the great Union Station. At present the land is occupied by dormitories, built to house female clerks of the Government during and after the World War, in 1918. The title to the lots was linked together with the water lots owned by Washington situated a mile or more away at the south- ern extremity of South Capitol Street, because the court pro- ceedings required for their sale joined both tracts. The record of these proceedings is quite complete and from it most of the following has been taken. THE WATER LOTS The agreement between the beneficiaries under Washington’s will made in writing at Alexandria on July 19, 1802, provided that they “ will not contest the validity of the said will as to the property situated out of this state, . . . and that the said will shall be executed according to the tenor thereof.” * In pursuance of this agreement the beneficiaries held a sale among themselves as a practical method of partitioning the per- sonal and all the real property except the western lands. At this sale held on June 7, 1803, the Washington City houses were not sold, but the water lots were. Washington’s schedule valued them as follows: Lots No. 5, 12, 18, and 14 in Square 667, 34,438 sq. ft. @ 12 cts.— $4,132 They were sold by the executors: 8 See the agreement in full in Chapter IX.252 The Estate of George Washington, Deceased Lot 5 to Andrew Parks, Harriet Washington’s hus- band, 11,890 sq. ft. @ 61% cts. for — $772.83 Lot 12 to Thomas Peter, Martha Parke Custis’ hus- band, 5,730 sq. ft. @ 744 cts.— 429.75 Lot 13 to the same, 3,542 sq. ft. @ 714 cts.— 256.79 Lot 14 to Geo. S. Washington, 3,321 sq. ft. @ 8 cts.— 265.68 A total of — $1,725.05 or $2,416.95 less than the schedule. It was then found that the executors could not make title to the lots because Washington’s will was ineffectual in the District of Columbia. Under the laws of Maryland which prevailed in that part of the District of Columbia in which Washington City was situated, the real estate of Washington descended to his kindred. The Maryland law also excluded the relatives by the half-blood, that is to say, in this case, the descendants of Washington’s elder brother, Augustine Washington, of Wakefield, namely: William Augustine Washington, Elizabeth Spotswood, Jane Thornton and the heirs of Anne Ashton, who were to take four twenty-thirds of the estate according to the will. It became necessary therefore to begin a suit in chancery for the partition of the lots among the next of kin, with the alterna- tive that in case such partition could not be made without ma- terial injury in the division, then the property should be sold under the order of the court and the proceeds disposed of accord- ing to law. “ According to law ” meant by division among the heirs-at-law. In this case however, to attain the division desired by Washing- ton, there was invoked the equitable doctrine of election and it was claimed that these heirs-at-law, by reason of their taking property under the will in Virginia, were fairly and equitably bound to stand by the will in Maryland and the District of Columbia or elsewhere, at least to the extent of giving the other beneficiaries credit for the advantage they reaped by the tech-Of the Estate in the City of Washington 253 nical difficulty in enforcing the will in these outside jurisdictions. The simplest method of accomplishing this just purpose was to provide in the order of sale that the proceeds of sale should be paid over to the executor, Bushrod Washington, who was a party to the suit, so that he might put them into hotchpot with the remainder of the estate and distribute them altogether as directed by the will among all concerned. The books of the law covered the case fully and Bushrod Washington explained and carried out the plan. We have heretofore located the houses built by Washington. There remain to be described the lots on South Capitol Street extension. The lots are on the east and west side of Water Street, a short street near Buzzard Point, between South “U” and South “V” streets and they front on the east branch of the Potomac, called Anacostia River, near Jones Creek Canal, at the south end of South Capitol Street and as far remote as possible from the city’s life. They are now nearly worthless. Lot 5 fronts west on Water Street and east on the river. It is 32 feet front and perhaps 50 feet deep. The other three — Lots 12, 13 and 14— comprise 126 by 140 feet on the opposite side of the street and together with Lot 5 they would have made a favorable warehouse site if a dock had been built and business had come. Washington acquired these lots from the United States on Sep- tember 18, 1793, as appears by the certificates, recorded the same day in book B, on pages 310 and 311 in the recorder’s office in the City of Washington. In the present Supreme Court of the District of Columbia in file wrapper Number 35 are the papers of the case of Thornton Washington and others vs. Bushrod Washington, which appeared on the Chancery Docket as Number 1, in pursuance of a bill in chancery filed October 3, 1805, in the then Circuit Court of the District of Columbia for Washington County established by Con- gress a few years before, but now superseded by the said Supreme Court. In this suit there came into court as complainants all the de- scendants of Washington’s sister Betty and his brothers Samuel,254 The Estate of George Washington, Deceased Charles and John Augustine, except Bushrod Washington. The husbands of those who were married were obliged to join their wives in the suit for the latter were legally incapable of suing alone. They made Bushrod Washington defendant and it was a friendly suit. They alleged against him that George Washing- ton, late President of the United States, of Mount Vernon in the Commonwealth of Virginia, owned Lots 5, 12, 13 and 14 in Square 667. Here the paper shows four blank lines as if it had been in- tended to insert the description of further property, but it was not done; the houses and lots on Capitol] Hill were not included at that time. The bill proceeds —that Washington made his will, of which a copy was made a part of the bill, and that he died in 1799. “That the said will is not executed with the solemnities requisite to pass the real estate aforesaid within the limits and jurisdiction of the District of Columbia, in consequence whereof the said George Washington hath died Intestate as to said real Estate. That by reason of the said intestacy and by Virtue of the act of Maryland entitled an Act to direct descents, the said real estate hath descended to the plaintiffs and Bushrod Wash- ington, the defendant, who are the heirs of the whole blood to George Washington aforesaid.” The bill further claimed that said lots “will not admit of division among so many heirs, that the Executors of the said will have sold said lands for a full and fair price which they are de- sirous of confirming but by reason of their, the plaintiffs, mmority the same cannot be done.” They therefore ask a partition or sale by the court or that the sale already made by the executors be confirmed and for other and ample relief and that Bushrod Washington be compelled to answer the suit and show cause, if any, why their prayer should not be carried into effect. Philip B. Key signed the bill as solicitor for the complainants. Bushrod Washington did not wait to be summoned by theOf the Estate in the City of Washington 255 Marshal but came into court the same day and filed his answer, which is signed by Francis Scott Key, author of “The Star Spangled Banner”, as his solicitor. The song writer was then twenty-six years old and had but recently been admitted to the bar. The answer admitted all the claims of the bill of complaint “ if it be true that the laws of Maryland are as stated ”, and that he and the other executors and beneficiaries of age ‘‘ to perfect the intention of the Deceased, sold said lands for a full and fair price but by reason of the infancy of many of the heirs the legal title cannot be made to the purchasers.” He joined in the prayer of the plaintiffs. The court on the same day entered an order appointing Daniel Carroll ‘of Duddington”,® Robert Brent, Frederick May, Thomas Munro and Samuel Hamilton a commission to determine whether the property could be partitioned without injury or loss to the parties, in conformity to the act of 1786: Cap. 85, and also appointed William A. Washington guardian of the minors to protect their interests in the matter. Not until the 28th day of September, 1807, was the commis- sion issued by the clerk to the commissioners. On October 1, 1807, the commissioners took the oath of office required by law and reported on the 24th of June, 1808, that it would injure the value of the property to divide it into so many parts; that the water lot is worth $16 per front foot “it may have on the edge of the water”, and the remaining lots, ten cents per square foot. On June 20, 1809, an order to sell the property was made. 9 Daniel Carroll of Duddington was a cousin of Charles Carroll of Carroll- ton, the signer of the Declaration of Independence, and himself a member of the Constitutional Convention. He owned a large portion of the lands taken (given) for the City of Washington reserving to himself every alternate sub-lot. He resided on his estate on Capitol Hill known as Duddington, which he appended to his name to distinguish himself from his more famous cousin. Daniel Carroll was a lawyer and a very able financier and faithful friend of Washington and with his cousin Charles had joined Washington in financing the Potomac Canal. He also built the block of five elegant dwell- ings on the northeast corner of First and “A” Streets, S. E., which became the temporary Capitol after the destruction of the original in 1814 by the British. :256 The Estate of George Washington, Deceased This order was never carried out, but on April 13, 1810, Philip B. Key filed an amendment to the original bill alleging that “ an omission was made of three lots No. six, No. seven and No. six- teen, in square 634 having two brick houses built thereon of which General George Washington was seized in fee, which descended to his heirs and which they pray may be divided or sold accord- ing to the provisions of law, and that the former commission and return may be suspended and a new commission issued ” and that Bushrod Washington be called to answer. Again Bushrod Washington answered the same day but this time in his own handwriting and admitted the claim as to the new premises and declared that “he is willing that the same shall be valued and sold or otherwise disposed of according to law, and that a speedy settlement and decision would benefit the Estate.” Whereupon the court suspended and annulled the commission theretofore issued and the proceedings thereunder and ordered that a new commission issue to the same commissioners. Under the new commission, which issued April 18, 1810, the commissioners on June 11th again took the oath and made their report against a division and that a sale would be advantageous. They valued the water lot at $16 per front foot, the others at ten cents per square foot and the lots and buildings in Square 634 at ten thousand dollars. It was so found and ordered by the court on the 4th day of January, 1812, by William Cranch, Chief Judge, and Buckner Thurston Esquire, his assistant, and again Philip B. Key was appointed trustee to sell the property at auction and bring the proceeds into court after giving bond for twenty thousand dollars. Philip Barton Key gave the bond with William Brent as surety and they signed it in the presence of Charles Glover as a witness. But under date of March 18, 1816, there is this note written at the foot of the decree. I consent that Geo. C. Washington shall be appointed by the Court the trustee for the sale of the within property. BusHrop WASHINGTON.Of the Estate in the City of Washington 257 Between these dates there came the War of 1812, the sack of the city in August, 1814, and the removal of many court papers to Rockville, ten miles away in Maryland. ‘Those in this case were saved from destruction. Philip Barton Key was now dead and young George Corbin Washington, grandson of John Augustine Washington, took his place. George C. Washington, with Francis Scott Key as surety, gave bond in the sum of twenty thousand dollars on July 3, 1816, to conduct the sale and this time William Brent witnessed the paper. The Trustee’s report filed November 30, 1816, shows that he sold on July 25, 1817, at public sale to: David English, lott 16 & part of lotts Nos. 6 & 7 in Square No. 634, at thirteen & a half cents pr. square foot amounting to $1,446.1214. Charles Glover lotts No. 12, 13 & 14 in Square 667 also lotts numbered 4, 5, & 6 in Square East of Square 667 at three cents pr. square foot amounting to the sum of $379.29. John G. McDonald lott No. 5 in Square 667 at one and a quarter cents pr. square foot amounting to the sum $148.6214. The first tract sold was that on which stood the burned and naked walls of the two brick houses on Capitol Hill and so the invasion of the city cost the estate of George Washington de- ceased the difference between the valuation of fifteen thousand dollars he made, or ten thousand dollars made by the Commis- sioners in 1810, and the beggarly $1,446.121% so received. The price of the water and other lots had fallen from a total of $4,123, as Washington thought them worth, to $527.9114 pro- duced by the sale. The entire loss was $17,048.96 on the capital cost. Washing- ton indeed ‘‘ paid pretty smartly ” for the investment he pa- triotically made as he explained to the Commissioners in his letter of September 28, 1798. Even at that, the purchasers did not pay cash. McDonald258 The Estate of George Washington, Deceased gave his bond (still on file) for $148.621, in double the amount, payable in a year without interest, Lewis H. Machen being his surety and Mountjoy Bayly the witness; and Charles Glover likewise took a year’s time to pay his $379.21 without interest, giving William Cocking as security in the presence of Jane Glover. At the December term, 1816, there was made the final order of the court “ that the sale made by George C. Washington, the trustee in this case, be ratified and confirmed, unless cause to the contrary be shown to this Court on or before the first Monday of June next, and publication of the order in the National Intelli- gencer three times a week for three weeks was directed to be made before that date.” The certificate of publication shows that this was done, beginning January 25, 1817, as Gales and Seaton, the publishers, attest, and on November 6, 1817, the court con- firmed the sale. This ends the record. The important question of distribution of the proceeds of sale is not settled by any of the papers on file. The court record of its orders is not preserved ; the book was probably lost in the flight or the fire at the time of the British invasion. The papers re- maining now in court are all original documents and the lawyer’s ‘drafts of the court’s orders approved by the judges. There probably was an order directing the proceeds to be paid over to Bushrod Washington, as executor, for distribution under the terms of the will, for the latter in his account says: Oct. 14, 1817 — By cash received of David English in part of his purchase of City Lotts $600. November 27, 1817 — By cash received of Geo. C. Washington the Commissioner appointed by the Court to sell the City prop- erty $1,150. The total of $1,750, plus reasonable expenses of suit and sale $227.06, accounts for the purchase price. Thus ends the story of Washington’s patriotic efforts to aid in the establishment and upbuilding of the Capital on the Potomac. While the lots on the hill have been incorporated in the PlazaOf the Estate in the City of Washington 259 grounds and are public property, the water lot and those adjoin- ing are in the same condition they were one hundred and thirty years ago, that is, covered with weeds and unused. A paved street leads to them but except the smelly plant of the asphalt paving company near by, there has been no improvement made in the neighborhood and the farmsteads there have gone to rack and ruin within sight of the Capitol and almost in its shadow. The trend of development has been away from the ferry which hoped to attract it. Washington’s third purchase, that of Square 21 in the opposite quarter of the city, fared nearly as badly as these two, as we saw in the last chapter. The original deed given by George C. Washington as trustee to Charles Glover has lately come into possession of his grand- son, Charles C. Glover, Esq., president of the Riggs National Bank of Washington, as a present on the seventieth anniversary of his birth. He tells me his grandfather abandoned this pur- chase and let the lots be sold for taxes and when it was later proposed to attack the title of the purchasers at the tax sale, his grandmother, to whom the title had enured, refused either to disturb purchasers in good faith or “to send good money after bad.” The original deed to John G. McDonald from George C. Wash- ington was lately in the possession of a bookseller and collector in Washington and was for sale. The present owners of the four water lots, apparently, are Charles B. Howison, Fannie Jackson, Hattie King and Frank R. Davis; lot 5 is valued for taxation $475, and lots 12, 13 and 14 are so valued at $176, $109, and $100 respectively, a total of $860; in 1816 they sold at auction for $527.9314.Chapter XXII OF THE MARYLAND FARMS Two farms in Maryland, one in Charles County opposite Mount Vernon and one in Montgomery County, about thirty miles above Washington near the Potomac River, were listed in the schedule of the estate. In pursuance of their plan of dividing the estate, the executors offered these for sale to the highest bidder among the beneficiaries under the will and reported the result to the County Court as a public sale as follows: 1803. April 16. To Thomas Peter The Montgomery County Land 519 Acres @ $10.55 $5,475.45 June 7. To Nicholas Fitzhugh 669 ‘A; 0}, Re 258 of, land in Charles County Maryland @, $5.50 $3,680.35 THE CHARLES COUNTY FARM This county lies on the east or Maryland side of the Potomac, opposite the lower part of Fairfax County in Virginia and ex- tends from Mount Vernon down the river around the Great Bend to the Wicomico River’s broad mouth at Rock Point, halfway to Chesapeake Bay. La Plata is the county seat. Port Tobacco was its famous place of export and import to and from all the world in ancient days, but the one railroad now there has de- flected the traffic landward and northward, and Port Tobacco is about “‘ sanded up.” The county is rich and prosperous. The sheriff says that “ mighty few executions run here, especially to the southward.” Washington’s ferry at Mount Vernon connected the county with Virginia and made business and social intercourse easy.Of the Maryland Farms 261 Many of his friends and compatriots in the French and Indian and Revolutionary wars settled there and were favored by his enterprise in the ferry, the mill and other industries he maintained. ‘© made So it came about too that prior to February, 1775, he a deal” with Daniel Jenifer Adams, son of Jonas Adams, the captain of a vessel plying between Port Tobacco and the West Indies, Jamaica especially. Daniel was the agent of the Lord Proprietary of Maryland in those parts, that is, tax collector. His father owed Washington £570. 18s. lld. Jamaica currency and £106. 6s. 6d. Virginia currency, in 1774 when the father died, and in Washington’s ledger “B” at page 99 and in certain letters appears the way in which the debt was settled. First, Washington agreed to take the farm of the late captain, which the widow and heirs urged upon him, at a price which was generous to them. It cost him £1,075. 3.314 Virginia currency or about thirty-six hundred silver dollars (a sum which it brought at the sale of Washington’s estate about thirty years later). To enable the heirs to make title to him, he had to invest a sum nearly as large as that due him, in paying off the late captain’s debts to others, sending nearly $1,900 of “ good money after bad.” But he did it to save something for the widow and children of his friend and debtor. He promptly leased the farm back to the son, Daniel, and the widow at a low rental and then forgot about it for nearly twenty-five years of revolution and reconstruction. Daniel Jenifer Adams wrote on February 4 and March 14, 1775, to Washington agreeing in the first letter to release to him the land (and slaves) in question, with the consent of his mother and sisters, and in the latter letter he pleads pathetically on behalf of one of the slaves, married and having children, “ who protests against the possibility of being taken to Virginia; he will rather kill himself.” When Washington came to write his will in July, 1799, he noted this farm in his schedule as: acres price Charles County 600 $6 $3,600 (1)262 The Estate of George Washington, Deceased (1) I am but little acquainted with this land although I have once been on it. It was received (many years since) in discharge of a debt due to me from Daniel Jenifer Adams, at the value annexed thereto, and must be worth more.— It is very level, lyes near the River Potomac. Washington’s ledger “ B” showed the old account as follows: Mrs. Daniel Jenifer Adams — 1775 Decr. By Deed for the following Tracts of land in Charles County, Maryland (all I am likely to get for my debt) Acres viz: Josias Help 109 Wade’s Addition 33%, Adam’s retirement 100 Ditto outlet 50 Williams folly 260 Total 552% Dr. fe aes. 28 Sa Gs Jamaica Cy SHOES! asl 106. 6 6 My assumpsit to the following persons in order to obtain Deeds for the Land per Contra. Messrs. Knox & Ballie Oo ek Mr. Geo. Gray SOLO eo, Mr. John Stromat 214 16° 3 Mr. R. Mundell 3s oO Mr. Wm. Hanson Shff. 5 59 LOS Sas Mr. West 100) 32 39 Deduct 25 prct. to S55 reduce to Va. Cy. 140 0 6 560 2 3%Of the Maryland Farms 263 The farm is located in Durham Parish in the southwestern section of Charles County near Liverpool Point and about op- posite Maryland Point, Virginia. The deed to Washington from the widow and heirs of Jonas Adams deceased describes the land only by the quaint names and acreage stated in Washington’s ledger, into which he evidently copied these items. It was acknowledged before two of the jus- tices of peace for the county, Dan Jenifer and Joseph Craik, and was recorded in Liber V, No. 3, folios 60 and 61, but not until it could be said, as the deed shows: Charles County ss 5th January 1776. Then Received of the within mentioned Genl. George Washington the sum of Twenty two Shillings Sterling as an alination fine on the within men- tioned Land for the use of the Lord Proprietary and by virtue of a Commission from Daniel of St. Thomas Jenifer, Esquire His Lordships agents. Pr. Puit Ro FENDALL The subsequent history of this land is joined with that which follows: THE MONTGOMERY COUNTY LAND This is described by Washington in his schedule as: acres price Montgomery County 519.12 6.228 (m) (m) This tract lyes about 30 miles above the City of Wash- ington not far from Kittoctan. It is good farming land, and by those who are well acquainted with it, I am informed that it would sell for twelve or $15 per acre. The deed for this land to Washington, dated January 13, 1794, is recorded in the Maryland Land Office at Annapolis in Volume J. G. B., No. 3, at page 324. It was between “John Francis Mercer, of the City of Annapolis in the State of Maryland, Esquire and Sophia, his wife, James Stewart of the Town of Baltimore, in the state aforesaid Gentleman and Rebecca, his264 The Estate of George Washington, Deceased wife, and Elizabeth Sprigg, of Ann Arundel County in the State aforesaid, Spinster, of the one part and George Washington, Esquire, President of the United States of America, of the other part”, and in consideration of “ the sum of Three thousand s1X > hundred and thirty three Spanish milled dollars ” conveys Lot 2, being 519 acres, “ a certain part of a large Tract of Land called Woodstock Manor situated in the County of Montgomery in the State of Maryland aforesaid . . . by a survey made of the same in the year of our Lord one thousand seven hundred and eighty- GWOl sca The payment of the purchase price was acknowledged at the foot of the deed by Mercer, Stewart and Miss Sprigg, and the signatures to the deed were acknowledged in due form, that of James Stewart being taken before Samuel Chase, then Chief Judge of the General Court of Maryland, and later the Justice of the Supreme Court of the United States, whom President Adams appointed and President Jefferson sought to have impeached for his Federal partisanship. There is no correspondence preserved in the Washington manu- scripts showing how or why Washington purchased this land. Ledger “‘ C ”’, recently found in the collection of Lloyd W. Smith, Esq., of New York, shows that in April, 1793, there was due Washington from the Estate of John F. Mercer, deceased, the sum of £908. 15. 11. plus interest from May 31, 1791, at five per cent. per annum, £83.4.9, and that Washington paid John F. Mercer, the son of said deceased, £97.17. 4. in full of £1,089. 18. 0. for which he received this tract of land, “ conveyed to me by yourself and others ”— 519 acres at 42 shillings per acre = £1,089.18. In spite of the French crisis, the Genét affair and other conditions in 1794, the purchase was a good one. The manor was ancient, having been patented in 1725 to Thomas Spriggs as one thousand acres, and now was being partitioned between heirs, some of whom were willing to sell half of it at a very moderate price, a little over six dollars per acre. In the year 1798 the land and some slaves on it were assessed to George Washington as the owner of Woodstock Manor atPoe cdr tear 7 Wo Zard tnht hore (ld Hr Jor Lam fay a frte of: iv R (ch wh nm Mi olye Counutevi Ac wan h-lav jum Si ges attr. Te egrae a7 gun oy My eal SAL gu ELE as AA , . ,— & WE fun rorsert, tur ave atvnw hy Camwst Ani ht® YH Neni? bout m acuuwl co) VIS Ay Ay o) aornnLaen ant din Ane ty Tw nr fund Thar ape aan actin Ladi gem ally WAL deh fev Te wm yf eh, a detrratting pen Meva gawvt aan Bo Bute O- OM WE malta & Prin z ol Ro ws Jv of we kA “eH piel. One Yo. . *) he Joep bbe Line dmnare g a) re , ies, i (Mv hvo0d Ot LILA (Cel 1s gee. — y PH Derirnally Appray ed” dgyeve we Sobor AN pry hod Wy dw ha / ‘ * linda Malu a woRin ned Sshvod Ban hearg who macs 04M ov Fahd wr Wat aww Ao tetry Suan gedea b a Alyn phy Gc, Wed we fad | ae Ay os A Cs be Jan a iy we whan WC opus Lhe op ME Jorv Pauk: # ham f ; ; mm se Cohn Aw Bue tite: Jaw et aby eal WE ens l™ <9) CE h a ts g- mavtt (88 4 a J y 7 4A / Wi AL BUSHROD WASHINGTON S ANSWER IN MARYLAND SUIT LAST PAGE OF And his oath taken before Chief Justice MarshallOf the Maryland Farms 265 nineteen shillings and eightpence per acre, or £510. ‘7s. for the tract “‘ tobacco valu.” * It is not difficult to-day to locate the tract, though it is no longer called by the aristocratic name it bore a century ago. It lies on the road from Boyd’s Station on the Baltimore and Ohio Railroad to Seneca on the Potomac, about six miles from the former place. It is twelve miles north of Rockville and this about tallies with Washington’s memorandum. It is worth one hundred dollars per acre to-day, without improvements. On October 31, 1804, steps were taken by the executors to make good title to Fitzhugh and Peter for the Charles and Mont- gomery County lands. On that day, in the Land Court of Maryland at Annapolis, addressed to the Honorable Alexander Counter Hanson, Esquire, Chancellor of Maryland, the heirs of George Washington, deceased, filed their bill of complaint against Bushrod Washington, also an heir, for the purpose of a partition or sale of both tracts. The record of that proceeding is complete in files and record books. It is in substance the same as the bill for like purposes in the District of Columbia described in the preceding chapter and is all in the handwriting of Philip B. Key, the solicitor for the complainant. It prays that if possible the sales already made of the two tracts to Peter and Fitzhugh be confirmed but otherwise a partition or sale at auction be had under the statute. The copy of the will attached is the printed one of the Alexandria edition, the first page of which is here reproduced. The answer of Bushrod Washington, filed the same day, is all in his handwriting except the signature of the officer who swore him to it. The reproduction of the closing sentences and sig- natures is also shown here. A preceding clause of the answer runs thus: “ This defendant hath also been advised & therefore he admits that the afsd. will of the said George Washington was not executed with the solemni- ties requisite to pass real estate within the limits & Jurisdiction of the state of Maryland, in consequence whereof the said George 2 Assessors’ Book Number 1, Montgomery County Records, Rockville, Md.266 The Estate of George Washington, Deceased Washington died intestate as to the tracts of land before described.” At the June term, 1805, on the ninth day of July of that year, the court decreed that it appeared that the land could not be divided advantageously and that a sale should be had after three weeks’ public notice. The sale might be for cash or credit with security with interest for twelve months. Bushrod Washington was appointed trustee to make the sale on giving bond in the sum of five thousand dollars with sureties. His sale or sales must be approved by the court and the purchase money paid before he may give a deed, and then the purchaser shall become possessed of good title against any one claiming under George Washington. The purchase money is then to be brought into court for application as the chancellor shall direct after paying costs of suit and such commission to the trustee as the chancellor shall think proper “ on consideration of the skill, attention and fidelity wherewith the Trustee shall appear to have discharged his trust.” The bond for five thousand dollars with Nathaniel Crawford of Greenwood, Maryland, as surety, running to Luther Martin, attorney for and on behalf of the State of Maryland, was dated the first day of September, 1805, and was wholly in Bushrod Washington’s painstaking handwriting. It was acknowledged by him before Jonah Thompson, Mayor of Alexandria, on Sep- tember 5, 1805, and by Crawford two days later before Samuel Hepburn, one of the justices of the peace in and for Prince George’s County. At the end is written: This security is very ample. Puitip B. Key. Yet the cautious chancellor endorsed it thus: “ This bond ought to have been executed to the State of Maryland — However as a bond to the Attorney Genl. may be considered tantamount — the bond is approved. A. C. Hanson — Ch.” The report of Bushrod Washington as trustee for the sale of the real estate of George Washington, deceased, was filed in the court and approved July 2, 1807, “unless cause to the con-Of the Maryland Farms 267 trary be shown before September 15, 1808 ”, after notice in the National Intelligencer for three times before August 2, 1808. The trustee reported: “that in pursuance of said decree he caused the annexed notices to be given of the time, place, manner and terms of sale of the tracts of lands mentioned therein: That on the 24th day of March, 1806, he sold at public sale at Montgomery Court House the lands lying in Montgomery County mentioned in said advertisement, at which sale Thomas Peter became the highest bidder of the entire tract containing five hundred and nineteen acres more or less at and for the sum of six thousand four hun- dred & forty six dollars thirty-seven cents payable on the sixth of May next following with interest on five thousand four hun- dred & seventy five dollars forty-five cents at the rate of six per centum per annum from the said 24th day of March for which bond and security was taken. And the 21st day of March 1806 this trustee according to the terms of the said advertisement, at Port Tobacco in Charles County exposed to public sale five hun- dred and eleven acres twenty five perches of land lying in Charles County of the Estate of the deceased George Washington at which sale the said Estate and lands in one body was struck off and sold to Nicholas Fitzhugh the highest bidder at and for the sum of five dollars & fifty cents per acre amounting to the sum of together with interest thereon after the rate of 6 per centum per annum from the 6th of June 1803 at which time the said land was sold to the said Fitzhugh by the executors of Genl. Washington and he was then put into possession thereof. And this trustee states the said sales were openly, fairly and publicly made and in his Judgement and belief at a full and fair price, satisfactory to all parties concerned, and the trustee begs further to report that Nicholas Fitzhugh after deducting the sum due to his wife as legatee of said George Washington hath paid and satisfied the balance of the purchase money to the order of this trustee, who is executor of the deceased George Washington, in part discharge of a debt due from the sd. George Washington decd. to David Stewart. And that the said Thomas Peter after deducting the sum due to his wife as legatee of the said George Washington, hath paid the balance due from him on account of the purchase of the aforesaid land to the order of this trustee as executor of the said Geo. Washington, decd. to the said David Stewart. The trustee begs further to report that the legatees and others of full age interested in the estate of the said George268 The Estate of George Washington, Deceased Washington and the guardian of those under age, assembled, and entered into a written agreement, to consider the will of George Washington as the rule of distribution of all his estate. In con- formity to which this trustee as executor hath pay away the proceeds of said sale and hath not produced the money into this court, and he prays the said sales and proceedings may be ratified and confirmed on due and full notice of this special Report, pub- lished under the authority of this court, in such places and such time as this court shall direct all of which he submits &c.” He made oath to the report February 28, 1807, before William Cranch, Chief Judge of the Circuit Court of the District of Columbia, ‘‘ on the holy Evangels of Almighty God.” In due time, on February 1, 1808, the sale was finally con- firmed, and the same is on account of the reasons stated in the report hereby declared to be absolutely ratified and confirmed no cause, etc., etc., although notice, etc., etc. Ordered likewise that the Trustee for the whole trouble & expense by him incurred in the Execution of his trust be allowed the sum of one hundred and sixty five pounds and the proceeds to be applied according to the will without being brought imto Court except the amount of the Costs which is to be brought into Court and paid out of the proceeds — W. Kitty. The words italicized above were inserted in the draft of the order evidently by or at the dictation of his honor. This concludes the court proceedings, but there is in the files a copy of the advertisement in the National Intelligencer certified by Samuel W. Smith on August 2, 1807, and a copy of the bill of costs against Bushrod Washington. The subsequent proceedings as to the Montgomery County land, evidenced by the deed of Bushrod Washington, trustee, to Thomas Peter, are easily traced because Mr. Peter carefully filed his deed for record, but the deed to Nicholas Fitzhugh for the Charles County land near Port Tobacco has not been found on record, either in La Plata, the county seat or in the Land CourtOf the Maryland Farms 269 record at Annapolis, where it might have been mistakenly filed in compliance with ancient custom existing before the Revolution. There is, curiously too, no subsequent deed from Fitzhugh or any one claiming under him, to this land, so that the last record in Charles County is that of the deed to Washington from the Adams family filed in 1776. The deed from Bushrod Washington to Thomas Peter is recorded in the Recorder’s office at Rockville, the county seat of Montgomery County. It is dated March 29, 1810, signed in the presence of John Hoye and William Crawford and has at the end the unusual note following: Know all men by these presents that I Bushrod Washington of Mount Vernon in the State of Virginia have nominated con- stituted & appointed & do by these presents nominate constitute & appoint Upton Beall my lawful attorney for me & in my name to acknowledge the annexed deed & for my act and deed to the end that it may be admitted to record. In witness whereof I have hereunto set my hand & affixed my seal this 29th day of March in the year eighteen hundred & ten. Teste: Joun Hoye Won. Crawrorp BusHrop WasHINGTON (seal) On September 24, 1810, the witnesses testified before John Ott, Justice of the Peace in Georgetown, Washington County, District of Columbia, that Bushrod Washington signed, sealed and delivered the deed and the power of attorney and on Septem- ber 26, 1810, Upton Beall, as attorney in fact, acknowledged the execution of the deed as the deed of his principal before Walter B. Beal and John Fleming, two of the justices of the peace in and for Montgomery County. The deed appears in Liber “P” as Folio 31 of Land Records. It had mistakenly been filed for record on July 21, 1810, and recorded in Liber “O” as Folio 525, before either the witnesses or the attorney in fact had ac- knowledged it, and so, after their action had been had and duly certified, the deed was recorded again as above. The deed recites the proceedings in court to sell the land as well as the executors’ original attempt to sell it to Peter at a270 The Estate of George Washington, Deceased fair price; that at the auction sale on March 24, 1806, the trustee sold it to Peter for $6,446.87 payable on the 6th day of May next with interest on $5,475.45 at 6 per cent., he being the best and highest bidder for it; that Peter with Lawrence Lewis as his surety gave his bond for the sum, which sale was con- firmed by the court. Therefore the trustee conveys to Peter the tract of land being the part of Woodstock Manor bought by George Washington, January 13, 1794, from Mercer and others. There is no further description. There is also no complete chain of record of the title from the time Peter acquired the land to date. There is a deed from Peter to Eleanor Kennedy and Alexander Mitchell, dated April 1st, recorded May 22, 1812, conveying the 519 acres, also a deed from Eleanor Kennedy to Alexander Mitchell, dated December 21, 1821, recorded May 15, 1822, conveying her interest; but there is no subsequent conveyance by Mitchell or any one purporting to claim under him, and his estate is not probated either in this county or Wash- ington, where he is said to have lived, by the deeds to him. The present owner appears to be Henry Allmuth, son of Ben- jamin W. Allmuth, a former owner. He lives on the premises which are on the road between Boyd’s (the B. & O. railroad station thirty miles north of Washington) and Seneca, on the banks of Seneca Creek, which flows into the Potomac. The neighborhood is purely agricultural and is as placid and pros- perous as it was in Washington’s day, preserving much of the air of a century ago, although it was in the center of the pass and repass of Confederate and Union armies during the four years of the Rebellion. The automobile has brought it nearer town recently and soon it will pass into the suburban class. The Charles County land, excepting in very dry weather, is not easily reached, as the roads below La Plata are not in much better condition than in Colonial days. Some day, when cement highways are constructed, the eastern bank of the river will be a delightful suburban neighborhood of the Capital, and its rich lands may reach a high state of cultivation.Chapter XXIII OF THE POTOMAC COMPANY SHARES Tue Potomac Company was Washington’s first public engi- neering enterprise after the Revolution, as it had been his last before it. He had tried from 1769 to 1775 to interest the people of Virginia and Maryland in the improvement of the navigation of the Potomac River to its northern branch* and the attempt to join it to the headwaters of the Ohio, either by road and portage or canal connection, in the hope of securing the fur trade and other commerce of the great valleys beyond. In October, 1774, he and John Ballendyne had circulated a subscription paper to raise at least £30,000 of capital to make a beginning of the work, but the troubles with the Mother Country soon intervened and so nothing had come of that. December 23, 1783, he resigned as commander in chief and the next day arrived at Mount Vernon to resume his vocations as farmer and engineer. As soon as he had planted and harvested his first crop, had measurably restored his buildings and secured his family and dependents, he set out on September 1, 1784, on his fifth and last tour up the Potomac and across the Alleghenies. He wanted to settle with his partner in the mill at what is now Perryopolis in western Pennsylvania and to look after his large land holdings there and along the Ohio and Kanawha rivers, but also “to obtain information of the nearest and best communi- cation between the Eastern and Western waters, and to facilitate as much as in me lay, the inland navigation of the Potomac.” He made the tour on horseback across the ten ranges of moun- tains which formed the headwaters of the Potomac, the Cheat and Monongahela rivers, much of the time alone, and sleeping out 1In the House of Burgesses records it appears that on December 5, 1769, he moved and it was ordered that he have leave to bring in a bill for this purpose and in 1772 trustees were authorized to solicit subscriptions.272 The Estate of George Washington, Deceased at times, and returned to Mount Vernon on October 4th, having covered a distance of six hundred and eighty miles.” The history of the forceful letter to Governor Harrison, of Virginia, depicting the results of his tour and the resultant in- corporation of the Potomac Company, the first great interstate commerce corporation of the United States, by the States of Virginia and Maryland, has been quite well told in two slender volumes. The first is entitled, “ A New Chapter in the Early Life of Washington, in connection with the Narrative History of the Potomac Company”, by John Pickell (New York, 1854, D. Appleton and Co.). It is now long out of print and is seldom met with even in public libraries. Occasionally a copy is offered at secondhand. Mr. Pickell was connected with the Chesapeake and Ohio Canal Company and in its records found the evidences of a neglected chapter of history, which he undertook to trace from the time of Washington’s embassy to the French in 1753, when his vision of a great trade route to the West was born, until the Potomac Company, his concrete attempt at realization, was merged in the Chesapeake and Ohio Canal Company in 1828 at the end of seventy-five years. The second book is a collection of three essays, founded on the original papers also, published by the Columbia Historical Society at Washington, D. C., in 1912, entitled “ The Potomac Route to the West ”, by Mrs. Corra Bacon-Foster, and is chiefly valuable for its illustrations and quoted documents and letters. In the first chapter of Volume Two of Lodge’s “ Life of Wash- ington” (American Statesmen Series. Houghton Mifflin Com- pany, Boston) is the story of the immediate connection between the Potomac Company and the Constitution of the United States, in the four years which followed Washington’s tour of 1784. They saw first the incorporation of that company with George Washington as president in 1785; the Mount Vernon Compact between Maryland and Virginia to regulate tolls on and use of the Potomac and Chesapeake, in 1786; the Annapolis Conven- 2 A. B. Hulbert, “ Washington and the West ”, The Century Company, 1905. Also Fitzpatrick, ‘“ Diaries of George W ashington Pay 2s eaePOTOMAC FALLS IN FLOOD LOCK IN CANAL AT POTOMAC FALLS, BUILT BY WASHINGTONOf the Potomac Company Shares 273 tion of 1786, called by Virginia to enlarge such commercial regu- lations to include the entire country; the consequent call for the Constitutional Convention at the instance of Virginia in 1787; the creation of the Constitution under the chairmanship of Washington, its adoption by the people under his influence in 1788, and his election as President in the next year; and finally the establishment of the nation under his presidency in 1789. The impetus given to internal improvements in the form of canals in Pennsylvania and New York, and in roads to connect these across the mountains with the Ohio valley, was the im- mediate result of Washington’s far-sighted and courageous example. Never was his genius and true vocation more clearly demonstrated than in this instance of engineering enterprise. He not only gave his time, thought and energy, without com- pensation, but he also invested ten thousand dollars of his own money in the work, when money was the hardest thing to raise. The State of Virginia sought to give him twenty thousand dollars’ worth of Potomac Company stock and a like amount of James River Company stock as an evidence of its appreciation, but he declined both and asked permission to devote them to public-school purposes. Naturally he felt that the investment he had made in twenty- four shares of Potomac stock, of the par value £500 sterling each, had a great future, despite the delays which had developed in the fourteen years since he had promoted it. Its work on the Potomac River was the largest of its kind ever undertaken in America to date, and it had resulted in facilitating transporta- tion in great measure but not in regulating and conserving the flow of water so as to insure adequacy at all seasons. Neverthe- less he had faith in its ultimate success, its security and profitableness. On page 26 of his will, after advising that the sale of his western lands be not hurried “if from temporary causes the sale thereof should become dull”, he added, “and I particularly recommend it to such of the Legatees (under this clause of my will) as can make it convenient, to take a share of my stock in274 The Estate of George Washington, Deceased the Potomack Company in preference to the amount of what it might sell for, being thoroughly convinced myself, that no uses to which the money can be applied will be so productive as the Tolls arising from this navigation when in full operation (and this from the nature of things it must be ere long) and more especially if that of the Shenandoah is added thereto.” The executors and legatees followed Washington’s advice in so far as the division of the stock was concerned. The record book “ A” of the Potomac Company, now in possession of its successor the Chesapeake and Ohio Canal Company, at George- town in the District of Columbia, shows that on November 16, 1802, “ Lawrence Lewis and George S. Washington as acting Executors of the late General George Washington deceased ”, conveyed by separate deeds of conveyance, each in consideration of one dollar, to each of the twenty-two legatees or distributees of the residuary estate one share of the capital stock of the Potomac Company. The twenty-third share, which fell to Bush- rod Washington, Lawrence Lewis and George W. P. Custis, was never conveyed and the twenty-fourth share was retained by the executors for sale. The deeds are recorded in Book “A” of deeds, pages 403 to 452 inclusive, and are all in the form of conveyances of real estate with a covenant warranting the title. The capital stock of the Potomac Company was not evidenced by stock certificates in the modern form. The right of partici- pation of the stockholders was shown by their subscriptions in the original subscription books which had been opened in Rich- mond, Alexandria and Winchester in Virginia, and Annapolis, George Town and Frederick Town in Maryland. The shares were deemed real estate and their conveyance was made by deeds and then recorded in the books of the company. The legatees did not all follow Washington’s advice to hold the stock. Within eighteen months after distribution by the executors, Robert Lewis, Howell Lewis, George Lewis, George S. Washington, Mildred Hammond and Elizabeth Spotswood, for prices varying from $860 to $380 per share, sold their shares,Of the Potomac Company Shares 275 as the record of their deeds shows in the subsequent pages of Volume A. The prices show a range of about eighty-one to eighty-five per cent. of par, which was about $444.44 or £100 sterling. The company never paid but one dividend, and that was after Wash- ington’s death. It ceased to exist in 1828, when on August 15th its property was conveyed to the Chesapeake and Ohio Canal Company. An exchange of stock took place but no trace re- mains of the Washington ownership in the new company. The latter was organized to build a continuous canal along the Mary- land bank of the Potomac River from Georgetown in the District of Columbia to the headwaters in the Alleghany Mountains and there to connect with the streams flowing westward and forming the Ohio River. Washington’s hopes and the purposes of the Potomac Company had been only to clear the Potomac River channel of rocks and dredge the shallow places, and to build a few miles of canal around the Great Falls and the rapids called the Little Falls, which was accomplished. He further intended to find and build a road from the headwaters of the Potomac, across the mountains to the headwaters of the Ohio, which should permit of an easy portage or transfer of goods to and from the western waters and plains. All these plans were hindered and finally shattered, however, by the financial depression caused by the long-drawn-out wars between Revolutionary and Napoleonic France and the rest of Europe. Not until long after the end of our War of 1812, and during the administrations of Presidents Monroe and John Quincy Adams, did the policy of internal improvements of which Wash- ington was the sponsor and the Potomac Company the example, again find favor, in the establishment of the National or Cumber- land Highway and the incorporation of the Chesapeake and Ohio Canal Company under the Acts of Virginia, Maryland and the Congress of the United States. Out of these in due time grew not only the canal which was completed to Cumberland, but also the Baltimore and Ohio Rail-276 The Estate of George Washington, Deceased road system which follows Washington’s road up the river and across the mountains. ‘This now reaches not only from the Potomac River to Pittsburgh, but down the Ohio and across the plains until it ends on the banks of the Mississippi and thus binds the plains to the coastal colonies in one indissoluble Union based on the true interest of the people, as Washington planned when he predicted “ the rising Empire.” Recently, owing to a great storm and consequent flood which have destroyed the canal, its operation has been abandoned by the owners, the Baltimore and Ohio Railroad Company. It remains for the future historian of the life of Washington to trace in detail and in true relationship the full significance of the first great interstate commerce corporation and highway which led so directly to the formation of the Constitution in 1787 and the establishment of the United States of America, in permanent form.Chapter XXIV OF THE DISMAL SWAMP LAND COMPANY WasHINGTon’s interest in this company is noted in his schedule as: Great Dismal Swamp. My dividend thereof abt. $20,000 (h) (h) This is an undivided Interest weh. I held in the Great Dismal Swamp Company containing about 4,000 acres, with my part of the Plantation & Stock thereon belonging to the com- pany in sd. Swamp. There is a suppressed story involved in the valuation given here. During the financial boom which marked the third and fourth years of Washington’s first administration of the presidency, he bestirred himself to sell his outlying lands and investments in order to concentrate his interests nearer home as became one of his years and employment. He not only offered his Ohio and Kanawha River lands for sale, but offered to his young friend, “Lighthorse Harry” Lee an opportunity for enterprise and speculation, which had once strongly attracted the older man. The following document in Washington’s handwriting, recently acquired by the Library of Congress, tells not only of the offer but succinctly describes the entire subject. Memorandum for Govr. Lee. G. Washington is one of a Company who took up, in or about the year 1762, all the ungranted land lying in the Great Dismal Swamp; in the vicinity of Norfolk, Portsmouth & Suffolk; and holds two twenty one parts of the Interest therein.— Forty thousand Acres of the interior and richest part of this Swamp has been (as the subscriber is informed) patented in the names of the Members of said Company; and probably is all they will ever obtain, altho’ it is far short of what they expected.—278 The Estate of George Washington, Deceased This swamp, in fertility of Soil, cannot be exceeded. It is covered with the finest Cypress & Juniper, & other lofty wood. Its undergrowth is luxurient canes.— In the opinion of the Subscriber it may be easily drained; & when drained is equal to the richest rice land of So. Carolina, which in its unreclaimed state, sells from ten to fifteen pounds sterling pr. Acre; and from thirty to fifty when reduced, and in order for cultivation.— Its vicinity to the places above mentioned, & its contiguity to the fine Rivers of Nansemond & Elizabeth on which these places are, gives this tract advantages over almost any other of equal quantity in the United States; & the Canal which is now opening from Elizabeth River to Pasquetanck, a River of Albemarle Sound, passing through the same, adds infinitely to its worth.— To describe all its advantages, would require more time than my hurry, & the few minutes you allow me, will enable me to do.— The Company have a Plantation, marked on the plat herewith, Dismal Plantation; which is seperate and distinct from the 40,000 Acres.— On this there are, or were a number of Negros, as may be seen by the Agent’s (Mr. Jameisons) letter to me — besides some money in hand, or in the loan Office.— the quantum I know not. For the whole of this Interest, be it little or much, and it cannot be less than %1 parts of 40,000 Acres, I will take Five thousand pounds Virginia Currency; estimating dollars at Six Shillings, and other silver & gold in that proportion, provided the bargain is now struck; but shall not think myself bound by this offer if it is not. Philadelphia eo February 18th hh io Go. WASHINGTON. Despite the warning note with which this closes, the negotia- tion seems to have dragged and it was not until nearly two years later that a tangible result came in form of this letter addressed “The President ” and now bearing the endorsement in Washing- ton’s handwriting, “ From General Lee 7th Nov. 1795,” to fix the date. Sir: I am to receive in the course of next month Judge Wilson’s bonds payable in one & two years to the amount of your demand for your dismal swamp lands. If you will take your originalOf the Dismal Swamp Land Company 279 price thus payable I will purchase. My enquiry respecting the Judge’s affairs leaves not a doubt in my mind of his ability & I had full conviction from a recent transaction of his honor & integrity. Most respectfully Your obt. Servt. been City Tavern 7th Nov. Mr. Justice Wilson was one of Washington’s closest friends. He had been the leading lawyer of Pennsylvania for many years and as such had been selected by Washington to become the preceptor of Bushrod Washington after the Revolution. When the Supreme Court was organized, Washington had appointed Wilson one of the justices of that court and he was perhaps its strongest member. His standing may be judged by the fact that he was the only man in the United States who had signed the Declaration of Independence, the Articles of Confederation and the Constitution of the United States. He was at that moment, however, deeply engaged in the pre- vailing land speculations, especially in Georgia Indian Lands. Just how General Lee became his creditor we do not know, but find in a letter from Washington to Lee several years later the statement, “I declined receiving notes when they were proposed because I could not depend on converting them.” ” Nevertheless the deal was closed on acceptable terms to both parties, for there is extant this letter dated only nine days later. Philadelphia 16th Nov. 1795 To the Members of the Dismal Swamp Company. Gentlemen: Having disposed of my share and all interest in the Dismal Swamp Company to Henry Lee Esq. I request that he may henceforward be considered as being standing in my place. He is not only to receive the profits which may hereafter arise from that concern but if anything is due thereto he is entitled to my share thereof & in like manner to pay all unsatisfied de- 1L. C., W. Mss., Vol. 276, Doc. 36806. 2L. C., Washington to Lee, September 8, 1797.280 The Estate of George Washington, Deceased mands upon me on this acct. & to come. With respect I am Gentm. Yr. mo. obt. Hble. servt. Go. WaAsHINGTON.® That the sale was made for $20,000 or £4,000, Va. cy., payable in three equal annual installments, we learn from Ledger C, page 590. In the subsequent correspondence Washington urges his need of cash and Lee describes his misfortunes by reason of which he could not keep his promises. Meanwhile the title to the prop- erty remained in Washington and Lee’s rights were evidenced only by some agreement to sell. The first deferred payment came due December 1, 1796, and evidently was not fully met, for Wash- ington wrote Lee under date of September 8, 1797, urging com- pliance. He had paid $750 on Feby. 24, 1797. By the transfer of seventy shares of Bank of Columbia stock valued at $2,800, by the endorsement of a note for one thousand dollars, and even by the delivery of thirty barrels of corn, Lee struggled to make good* and Washington patiently accepted them, though at considerable loss in realizing upon the bank stock, and the note went to protest. The French troubles had intervened and the financial distress became acute. Not only Mr. Justice Wilson failed to meet his obligations, but the great financier of the Revolution, Robert Morris, became the inmate of the debtor’s prison, and thereby, as Lee wrote, he lost £10,000.° Finally Lee closes the chapter with this pathetic letter: Alexa. 22 May 1799 Dear General: I have waited here two weeks chiefly to try to finish my engage- ment with you. But all my endeavors are vain. I shall never recede from my exertions till I do accomplish the end, for no event of my life has given me more anguish. I would if you consider yr. sale injurious rather relinquish the contract and give up the payment made, than be the instru- ment of damage to you, the loss of money I am used to, the loss 3L. C., W. Mss., Vol. XV, p. 4. 4Ibid., September 8, 1797. 5 Tbid., Letter of February 28, 1799. Mr. Justice Wilson practically fled to North Carolina, where he became the guest of his friend and colleague, Mr. Justice Iredell, and died there.Of the Dismal Swamp Land Company 281 of mental quietude I cannot bear & pained as I am, I wish to regain tranquillity. Every conversation I hold with you on the subject furnishes additional matter of regret to me. ‘Till then I can close the contract I must avoid their repetition, this I am sure notwith- standing the present & general distress, I shall be able to do in the course of the summer. In June I return here for the purpose. ... H. Le«.°® It was six weeks after this avowal that Washington wrote and signed his will and schedule of property. There seemed at the time little or no hope of Lee’s performing his contract, and so in the notes left for the guidance of his executors and legatees Wash- ington omitted all comment upon the unfortunate situation of his friend which might thereby become public, contenting himself with limiting his valuation of the property to the unpaid prin- cipal sum still due him. After Washington’s death, nothing appears of record in the accounts of the executors or other proceedings to show that General Lee paid anything on account of his purchase or that any dividends were received from the company by the executors, and until a printed circular letter was sent by the latter to the legatees, the matter seems to have lain dormant throughout the financial slump which marked President Jefferson’s administra- tion. That circular letter has been preserved in at least two copies, one in the Library of Congress and one in the Massachu- setts Historical Society in Boston. (CIRCULAR) 1151 To the Legatees of Gen. Washington. GENTLEMEN, May 138th, 1809. You have no doubt been informed, that our testator, some time before his death, sold his Dismal Swamp property to Gen. Lee, without however, having made a deed for the same. Some part of the consideration money was paid, but the exact amount is not now recollected. 6L. C., W. Mss.282 The Estate of George Washington, Deceased Gen. Lee has lately proposed to rescind the contract, without requiring a return of the money paid by him; and believing that the property is likely to become very valuable, and could now be sold for a good price, it is our decided opinion that his offer ought to be accepted. Should this not be done, we may be de- layed a considerable time in obtaining a decree for the sale, with- out the slightest probability we think, of recovering more than what the property would sell for. An application was lately made to one of us in Philadelphia, by a gentleman who wished to purchase it; and who mentioned at the same time, that there was a sum of money now in the hands of the Directors received from the profits of the estate, to a proportion of which we are entitled. But until the business is settled with General Lee, we cannot receive it. Anxious, as we have always been, to obtain the concurrence of the legatees to any measures of importance in relation to the estate, we make this communication to you, and request immediate answers, that no time may be lost in answering the General’s letter. We repeat the opinion before mentioned, that it will be greatly to our interest to accede to the proposition made to us. We are, gentlemen, respectfully, yr. mo. ob. serv’ts. BusH. WaAsHINGTON Lawe. Lewis Colo. Wm. A. Washington This letter seems to have produced prompt replies, for we find of record in Norfolk County, Virginia, a deed dated May 6, 1809 (presumably the date of General Lee’s offer to release), acknowl- edged July 8, 1809, from Henry Lee and Ann, his wife, recorded on August 24, 1809, whereby they convey, in consideration of five dollars to the Hon. Bushrod Washington of Mount Vernon, “IN TRUST to pursue the directions of the late Gen’l. George Washington all the right, title and interest of him the said Henry Lee and Ann, his wife, in and to a certain tract or parcel of land situate, lying and being in the County of Norfolk and Common- wealth aforesaid, and described as the share of the late Gen’l. George Washington in the Dismal Swamp Company.” The company seems then to have prospered. From the execu- tor’s accounts it appears that dividends were collected each yeary ; rene (CIRCULAR.) To the Legakees of Gen. Wofhington ms GENTLEMEN, ~May 73 1809. You have no doubt teen informed, that our testator, some time before his death, sold his Dismal Sramp fruperty £0 Gen. Lee, without honere 7, ha ving made a deed for the Jame, ome Sh ae F part of the consideration money mas patd, tut the exact anwunt 3 not non recollected. * e Yen. Lee has lately proposed to rescind. the contract, mithout ; requiring a return of the money fratd by him ; and tclic ving that 4 the hroperty és bike ly lo tecome very vatuatle, and could non be sold for a good prrice, tt 6s our decided opinion that his offer ought to te accepted. Should this nob te done, WE may be de layed a constderable time tn oblatning a de cree for the sate, withoot the lightest probabdlity-we think, of recovering more than what the hroperty would sell for. An ofiplication was late ly mide to one of ua tn Philadelphia, by a gentleman juhoo wished to pareh ide 40 = 2 2 1 and mho mentioned at the same time, that there VAs 2 oy O Toe ” ey 20m tn the hands of the Directors received from the profited 4 of the cotate, lo a proportion of which We ATE entitled, But ante the tusiness ts settled mith General Lee, we cannot recewe tt. i Aneious, as we fave abmays deen, to obtain the CONCUVIENCE. of the leyatees to any meafures of importance in relation to the of tate, we make this communication to you, and wgueft immediate anfive 1d, that no time may te loft in anfrcring the General's Lek. ter. We wficat the opinion tcfore mentioned, that tt wild be gre atly to our (nterfe to accede to the prope ition made l0 Ud, We are, gentlemen, refpectfitlly, Y7 mo. ob, fervtd, 6 Bier h. Im k ing bre Jo Aue Ot. Ip 2. Irak ing KE HAL OLD ee W i ae ae eae UJ gi 4 Z CIRCULAR FROM WASHINGTON 'S EXECUTORS ABOUT THE DISMAL SWAMP STOCKOf the Dismal Swamp Land Company 283 from 1810 to 1825 inclusive, varying from $580 to $2,400, and amounting in all to $18,815.16 or nearly $1,200 per year. Finally, when in 1823 the executors and the legatees joined in a friendly suit in the United States Circuit Court at Alexandria (then in the District of Columbia), for the purpose of closing up the administration of the estate and making a final settlement of the executor’s accounts, a petition was filed for leave to the executors to sell the share in the Great Dismal Swamp Company at public sale and on April 12, 1825, a decree was entered accordingly.’ Pursuant to that decree a deed, which was recorded in Norfolk County in Deed Book 52, at page 207, on August 1, 1825, shows that the then surviving executors, Samuel Washington, George Washington Parke Custis, Bushrod Washington and Lawrence Lewis, and one Noblet Herbert, as court commissioner, sold and conveyed to one James L. McKenna under date of July 22, 1825, for $12,100 the one share of the stock of the Dismal Swamp Land Company belonging to the estate of George Washington, the same having been sold to him at public auction at Alexandria after proper notice. But recorded on the same day in the same book 52, at page 207, is a deed from said James L. McKenna, of Alexandria, to Bushrod Washington, of Mount Vernon, dated July 22, 1825, whereby, in consideration of $12,100, he conveys the same share of stock to said Bushrod. And in his account as executor, Bush- rod Washington credits the estate with the sum of $12,100 received on “ July 23, 1825. By sale of Dismal Swamp stock as pr. Commissioners’ Report.” Bushrod Washington died November 26, 1829, and by his will, dated July 28, 1828, devised his Dismal Swamp Company stock to his wife for life and upon her death to his nephews and grandnephews. Their interest of record continued down to the Civil War. The history of the company is a long one. It was one of 7 The record of this proceeding is preserved in the present successor to the U. S. Court, the Circuit Court of Arlington County, Va., at Rosslyn Court House, Va.284 The Estate of George Washington, Deceased Washington’s earliest and most profitable enterprises. He put into it for a good part of five years his best energies, besides considerable money. It arose out of a grant from the Common- wealth of Virginia dated November 1, 1763, when by an order in council William Nelson, George Washington and ten others as members of the Dismal Swamp Company were authorized to undertake the reclamation of the swamp. Their purpose was to drain and make arable the great stretch of spongy land in south- eastern Virginia below the James River, extending from the Nansemond River east and south to the North Carolina line and far into that state, and originally it contemplated much more than forty thousand acres. Washington was chosen manager of the enterprise and as Irving says: “ With his usual zeal and hardihood he explored it on horseback and on foot. In the center of the morass he came to a great piece of water, six miles long, and three broad, called Drummond’s Pond, but more poetically celebrated as the Lake of the Dismal Swamp. Having made the circuit of it, and noted all its characteristics, he encamped for the night up on the firm land which bordered it, and finished his explorations on the follow- ing day.” ® The record of this trip is found in Washington’s diary of 1763, in which he carefully noted in October, in pencil, the details of his journey. In his diary of 1764 he has copied these notes in ink and in Ford’s edition of Washington’s Writings, they are printed. Washington’s diaries for 1764, 1765, 1766 and 1767 are not kept up during the winter months, while he was in attendance at the House of Burgesses in Williamsburg and incidentally looked after the Dismal Swamp Company, but in 1768 he notes: ° Oct. 26— Breakfasted in Suffolk, dined and lodged in ye Dismal Swamp at Jno. Washington’s. 27th — Went up to our Plantation at Norfleets in Carolina and returned in ye afternoon. 8 Irving, “ Life of Washington,” 1, 323. 9 Fitzpatrick, “ Diaries of George Washington,” 1, 296.Of the Dismal Swamp Land Company 285 28th — Went into the Pond with Col. Lewis, Majr. Riddicks & Jno. Washington and at night went to ye Majrs. 29th — Got to Smithfield in return to Wmsburg. 30th — Set out early, breakfasted at Hog Island and dined in Wmsburg. This is the last trace we have of his presence there. The tradi- tion which persists even to-day in Suffolk that Washington spent a goodly portion of five years in that town on the business of the Dismal Swamp Company, finds some but only slight cor- roboration in the account kept in his Ledger A’*° entitled ‘* Ad- venturers for Draining the Dismal Swamp.” ‘This stands charged with his expenses incurred in seven trips as follows: May, 1763, £15. 5. 1014.; Oct., 1763, £2. 7. 2.3 July, 1764, £7. 14. 1.; Nov-, 1766, £1. 2. 10.; Apl., 1767, £1. 2. 6.; Oct., 1767, £17. 10.; Oct., 1768, £2.16.8. Sundry charges for surveyor’s expenses, the services of slaves furnished to do work for the company, and cash payments made on account of assessments to carry this on or make payments in purchase of adjoining lands bring the total of Washington’s ledger account against the company up to £524. 6. 6. The plan of the company to build one or more canals on the east side of the Lake of the Dismal Swamp to carry off the surplus water to the sound and the sea, was not realized in Washington’s lifetime. The fine growth of timber was, however, cut and transported by the short canals on the west and north sides of the lake to Suffolk and in merchantable forms to the markets of the upper country. Sawmills were established in Suffolk and docks on the Nansemond River there, whence the passage to the James River and the Chesapeake was easy. A well-stocked plantation was established and maintained about six miles south of Suffolk at the end of the Washington Ditch, a canal about four miles long, running to the lake. On this canal the logs were brought out of the timber to the edge of the ridge or escarpment which bounded the swampy land, and thence they were hauled by road across the ridge and down into 10L, C. Also photostatic copies in the Massachusetts Historical Society and a number of other libraries. aetna LO286 The Estate of George Washington, Deceased the valley to Suffolk. There was also a near-by creek which afforded a waterway for this purpose to the Nansemond River in high water. The road, the clearing, a farmhouse and the Ditch are there to-day, though no longer in such service. The growth of wild wheat about the place shows that at one time cultivation was maintained there. Another and larger canal was cut later, running more directly to Suffolk from the lake and through it logs were brought to the east branch of the Nansemond River. This was called the Jericho Canal and was quite a pretentious piece of work, being carried across an intervening watercourse at one point. It also remains to-day as a drain, but in a dilapidated state. Washington, after 1768, left the management of the property to others. John A. Washington, his brother, seems to have been on the ground. No record of proceeds exists. When the end of the Revolutionary War left him leisure for attention to his own affairs, we find Washington alive to the subject, however, and a record of his further participation in the affairs of the company is seen in the long letter of March 31, 1784, to Hugh Williamson and the incidental mention in one of his letters on another subject, that he called a meeting of the proprietors of the company at Richmond on May 1, 1785. At this time he was actively engaged in promoting the Potomac and James River Canal companies before the Virginia Legislature as well as taking part in the elaborate public entertainments of the Marquis de la Fayette, who was making a tour of the country. What became of the Richmond meeting we do not know, as no * and from thenceforward the Potomac Canal and its consequences until they culminated in the Constitu- tion of the United States and the presidency excluded all other enterprises from Washington’s mind. available record remains * There are however two documents of record, one just before and the other just after the date of the Richmond meeting, which 11A copy of the “Resolutions of the Dismal Swamp Company, May 1, 1785,” as endorsed in Washington’s handwriting, was sold in 1891 by Thomas Birch’s Sons, Philadelphia.Of the Dismal Swamp Land Company 287 indicate that there were tangible results. Up to that time no title to any of the land involved in the enterprise had passed from the commonwealth to the adventurers who invested their money and endeavors in reclaiming the swamp. Only the order of council of November 1, 1763, existed to show who and what was intended. Now the king’s government which made that promise was gone, driven overseas and in its stead reigned democracy. Many of the old proprietors had either gone with that government or had passed to the bourne whence no traveler returns. Yet to the credit of the successor government it clearly appears in Norfolk County records (the state record was destroyed at Richmond in April, 1865) that under date of October 20, 1784, the Com- monwealth of Virginia by grant or patent conveyed in pursuance of the order of council of November 1, 1763, to Nathaniel Nelson and William Nelson, devisees of William Nelson deceased, forty thousand acres of land in Nansemond and Norfolk counties, sur- rounding Lake Drummond, familiarly known as “ The Washing- ton Entry.” The grant ran however not for themselves alone, but also for certain others who were associated with them in an unincorpo- rated company known as the Dismal Swamp Company. ‘This grant was recorded in the land office in Book “ M” at page 463, but only a recital of it now exists and that is to be found in the deed which was subsequently made by Nathaniel Nelson and William Nelson to their associates, including George Washing- ton, under date of March 15, 1786, which is recorded in Deed Book “ O”, at page 401, of Nansemond County records, and Deed Book 402, at page 423, of Norfolk County records. The original t)) proprietors, we thus learn, were William Nelson, Thomas Nelson, seen OE ie Robert Burwell, John Robinson, George Washington, Thomas Walker, Fielding Lewis, Anthony Bacon & Co., J. Syme, Samuel | Gist, Robert Tucker and William Walters, a fairly good direc- : tory of the leading spirits in politics and business of the period between the French and Indian War and the Revolution. The shares which fell to each owner under the deed in 1786 were *41 9/ instead of 724 as originally held, though the reason is not given.288 The Estate of George Washington, Deceased Not until 1793 did Washington bethink himself actively again of his Dismal Swamp interest. He was then and for four years had been President of the United States. Other men were deep in speculations and seemingly making fortunes out of the credit and confidence which were born of the successful establishment of the new government on the firm foundation of constitutional law and financial justice. In that, of course, he could have no part. All he knew in his own affairs was that his salary, though large, was insufficient to keep up his establishment as expected of him in Philadelphia and as necessity required of him at Mount Vernon. The only way he could make both ends meet was to sell some of his holdings and we know that he offered his western lands at moderate prices for several years. And we saw at the beginning of this chapter that he offered his Dismal Swamp share to Henry Lee, and what became of it. We shall not attempt here to trace the ownership of that share after the death of Bushrod Washington or to follow out the history of the company further than to say that it was incor- porated on December 23, 1814, by an act of the General As- sembly, which was amended in 1820, and in both acts the devisees of Washington were named as proprietors. It was not until 1877, however, that an act was passed making the shares per- sonal property and then the fifty-three proprietors conveyed their several interests to the corporation in return for stock certificates. The construction of the canal system on the east side of Lake Drummond during the middle of the nineteenth century, connect- ing its waters with the rivers flowing south and east until they empty into Albemarle Sound, carried out the plans but did not quite realize the hopes Washington and his early associates enter- tained during the century before.” ‘The land did not become arable. It remained, as before, a fine timber preserve and despite the lapse of a century and the conflict of the Civil War was 12 Washington to Hugh Williamson, March 31, 1784. Sparks, XII, 267. Ford, 10, 381. Same to Patrick Henry, Governor, November 30, 1785, in the Virginia State Library.Of the Dismal Swamp Land Company 289 maintained until 1899, in the form of the Dismal Swamp Land Company. Then the entire tract of forty thousand acres was sold to the John L. Roper Company and the proceeds were distributed to the stockholders. The Roper Company subsequently sold it to the Camp Manufacturing Company, of Franklin, Va. This com- pany continues to hold it in its entirety as a timber preserve. On December 1, 1918, no work was going on there when Mr. Robert Atkinson, the superintendent, showed me the way Wash- ington followed into Lake Drummond. The World War, just then concluded, had paralyzed the timber industry for the time being. The inner recesses of the little principality of sixty-two or -three square miles were given over to deer, wild cattle and an occasional bear, besides the vast numbers of wild fowl which make it a home. The placid waters of Lake Drummond were undisturbed except by some venturesome hunter or fisherman. All was waiting for the resumption of activities dependent on peace overseas, just as Washington and Lee had waited more than one hundred years before. Since then development of the eastern part for farming purposes has been begun and the fifth crop of juniper timber is being cut from the section south of Lake Drummond.Chapter XXV OF THE LANDS ON THE EASTERN WATERS Tue lands which Washington died possessed of and which he did not specifically devise by his will to particular individuals were naturally and easily divided into two classes, those on the Western Waters, that is beyond the Alleghenies, and those on the Eastern Waters, the Potomac, the Shenandoah and in and about tidewater. These were the lands which he directed should be sold by his executors and the money divided, “if an equal, valid and satis- factory distribution of the specific property cannot be made without.” The executors addressed themselves to the problem of a division of the residuary estate into the twenty-three parts in which Wash- ington had devised it, as soon as Mrs. Washington’s death in May, 1802, gave them power to act. Bushrod Washington devised and proposed the general plan that the lands on the Western Waters be divided and that the Eastern or near-by properties should be sold at auction to and among the legatees as bidders, that each bidder should receive credit on his bid for his proportionate share of the total sum realized, and pay the difference in three equal annual installments with six per cent. interest. This plan was quite feasible as most of the devisees were of lawful age and they, or in case of the women their husbands, were nearly all considerable landholders and willing to acquire more, especially of the excellent type of Washington’s eastern holdings. An agreement to the above effect was therefore reached on July 19, 1802. It was carried out at a meeting of the legatees at Alexandria. The auction sale was held and the executors later filed in theOf the Lands on the Eastern Waters 291 Fairfax County Court, as part of their report of Public Sales, a statement of the result. From this it appears that the several tracts entered in Wash- ington’s schedule quoted below were disposed of to the persons and for the amounts stated in the same connection, which gives us at a glance Washington’s view of values and that of his successors four years later of the same subject. He scheduled his holdings according to the various counties, viz. : Loudon & Fauquier Ashby’s Bent 2,481 $10 24,810 Chattin’s Run 885 8 7,080 (b) (b) What the selling prices of lands in the vicinity of these two tracts are I know not; but compared with those above the ridge and others below them the value annexed will appear mod- erate, a less one would not obtain them from me. The Ashby’s Bent tract in fact measured 2,690 acres and was sold by the executors in three parcels, viz. : To General Spotswood 725 acres @ $6 $4,350. oe : 725 « “© $6% 4,470.83 ‘Colonel: hornton 1,240) <2 oS 9,920. Producing a total of — $18,740.83 or $6,069.17 less than Washington’s valuation. The Chattin’s Run tract measured 1,068 acres instead of 885, but it was sold to Robert Lewis at $5.75 per acre, or $6,112.25, which was $967.75 less than Washington had hoped, despite the 178 acres surplus. The records of the deeds from the executors to these pur- chasers are preserved at Warrenton Court House in Fauquier County, Virginia. The lands are situated on the eastern slope of the Blue Ridge near Upperville and are as fair as any out of doors. They are near the route of Washington’s first trip to the valley as assistant to George William Fairfax, and as surveyor for Lord Fairfax in 1748, and half of them were purchased by Washington from Bryan Fairfax, who succeeded to his uncle’s eS ee \ = \ tansy meet AOE292 The Estate of George Washington, Deceased title but derived his chief claim to distinction as the rector of Christ Church at Alexandria and the lifelong friend of Washing- ton, despite his loyalist attitude during the Revolution. The schedule next mentions: Berkeley. So. Fork of the Bullskin 1,600 Head of Evans’s M. 453 In Wormeley’s Line 183 2,236 $20 $44,720. (c) and to these this note is added: (c) The surrounding lands, not superior in soil, situation and properties of any sort, sell currently at from twenty to thirty dollars an acre — The lowest price is affixed to these. These tracts are now in Jefferson County, West Virginia, which was set apart from Berkeley. It is a distinctly “ Wash- ington ” County, as it was settled by Charles and Samuel Wash- ington, the younger brothers, who made large purchases and built splendid homes there. Charles Washington laid out the city which is the county seat. It was called after him, Charles Town. Harpers Ferry at the northern end of the county was selected by Washington as the location of the winter quarters for the Maryland and Virginia troops during the French troubles of 1798 and 1799. The Washington lands were in the southerly portion of the little county about six miles beyond Charles Town, near his brother Samuel’s seat ‘“* Harewood ” and a little farther south across the line in the old county of Frederick, but now Clarke County, from which Berkeley and Jefferson both were detached, he owned more of the same kind, for the schedule shows: Frederick acres. Bo’t from Mercer 571 $20 $11,420 (d) and the note says:ETWEEN Gorse Wa er Part, WITNESSETH, that the hid G 7g? Waflington, for and to F. Mielten, ar by @ Prefent on the being Part cf a Tract of ; 4\cres hereby de the faid z unto the faid Gearge Wafh Acres of Land, with free Ing E y Part thercof) TO HAVE AND TO HOLD the faid Piece or Parcel of La aeeont es to the & x (except, faid G; e Waftington, -his Hei YIELDING AND PAYING forthe fame, or to luch Perfon, or Perfons, as may be appoinicd to receive the y for himfelf, his Heirs, Execut “Tha t ithe faid Renis { fhall well an SO, Month, = any Year during demifed Land 1 y i Fc ce AND ALSO, ¢ fothedane lL Licenfe of the { D ALS¢ upon the faid hereby « l alw 7 \, aeek of Wi eh u satchel ah dextire, to be for , C ck or other Ec wie of equal Value fhall be replaced ar at forty Fee t Dit Continuance of- the said fhall be planted in their demifed Land, thall be fown with be kept in Meadow, well fenced in ay di lecured : Term, without the 2 Year's Rent.of the furrcndered and delive eraser vai ¢ in th and fecured, from rlor , tor fame within a reafonable Time, a ing to tl and Intent of ¢] ed that the faid Rent, or any Part thercof, flall be rand unpaid, for the jar M rth Perfon o ILor m thereof as may be th of DiftrefS te; or if Default or breach fh C in any € 7 d his Hei 7 Perfon appointed by him, orthem, without ; ed J and former Eftate, as fully and amply as er been m gree to and with the faid 5 af and performing, fulfilling, - pe: and quie Fly Nave, } » Pp ‘u nee, or Denial 3 of, from, or b n, t cr bal ‘ | he faid Parties to thefe Piefenis have her LEFT-HAND PAGE OF WASHINGTON ’S FORM OF LEASE Cg IOf the Lands on the Eastern Waters 293 (d) The observations made in the last note applies equally to this tract being in the vicinity of them, and of similar quality altho’ it lyes in another county. This was the group of farms which Washington had long be- fore leased “ upon three lives ” and constituted a considerable portion of his income-bearing estate. The long printed form of lease which he employed is preserved in the Library of Congress, and its terms show the fairness and farsightedness of the land- lord. One, of the number of half a dozen or more which are recorded in Fauquier County, runs to John Dyer and provides for the careful use of the timber and that in no event shall it be so cut down as to leave less than an acreage specified to be suffi- cient for the future support of the plantation, that a good dwell- ing house of good framed work or sawed logs or well hewed, also a barn or tobacco house answerable to the quantity of lands shall be built and kept on some convenient part, and furthermore that the tenant will within ten years plant on some convenient part, an orchard of one hundred winter apple trees at thirty feet dis- tance every way from each other and one hundred peach trees at sixteen feet distance every way from each other, and keep the same always protected and cared for. This orchard provision was in all his leases and the fame of the Washington orchards continues to this day in the Virginias and Maryland. At the auction sale these farms in old Berkeley and Frederick brought varying prices. The executors report that they sold: To Andrew Parks 310 A. 3 R. 4 P. of land in Berkeley on Bullskin @ $25 $7,774.06 To Col. Thos. Lee for Corbin Washington’s heirs 550 acres of land on Bullskin in Berkeley County @ 27.50 15,125. To Burdit Ashton Jr. 359 acres of land, Greegs & Byron’s lotts on Bullskin @ $10.1214 3,634.86 To same 416 acres on same, Dimmitt’s & Riley’s lotts @ $7.1214 2,964. Total $29,497.92 nl294 The Estate of George Washington, Deceased These sales account for 1,635 acres on the Bullskin, a surplus of 35 acres, but at prices which left a deficit of $2,502.08 in Wash- ington’s modest valuation. They further report the sale “ to Robert Lewis of the tract of land at the head of Evan’s Mill Run 542A. 3R. @ £4 or $7,236.66 ” which shows a surplus of 89 acres with a deficit of $1,823.34. The tract in Wormley’s Line showed a surplus of 118 acres (probably a lapse of memory on Washington’s part), and was sold to Burdit Ashton at $5.30 for $1,605.33. Why these various tracts sold at low prices we are not in- formed, but it was probably because the long outstanding leases were fixed at low rentals, thus depreciating the reversion. The tract of 571 acres in Frederick County of similar character and near by sold to Lawrence Lewis at $16.16%3 per acre and despite a slight shortage of 17 acres brought $8,968.45. It would be idle to try to trace the subsequent history of the separate tracts into which these large holdings fell, as the Valley of Virginia became one of the garden spots of the world. Present values are from one to two hundred dollars per acre. The lands are held to-day by thrifty prosperous farmers in fifty and one hundred acre farms, each with its good homestead, and the old mill on Evan’s Run is still doing business. The descendants of Charles and Samuel Washington are numerous in Jefferson County and its leading citizens. The fame and beauty of Hare- wood, Happy Retreat, Claymont, Cedar Lawn, Clear View, Rock Hall and Belair, the various manor houses they built from 1765 until “ just befo’ the war”, testify to their taste, wealth and enterprise. The tract in Frederick County became the noted “ Audley ”, five miles from Berryville, Clarke County, Virginia, when the latter county was set off. Here Nellie Custis Lewis, the widow of Lawrence Lewis, lived from 1840 until she died on July 15, 1852. It is still occupied by her descendants.Of the Lands on the Eastern Waters 295 HAMPSHIRE COUNTY The land in Hampshire County which Washington scheduled among his possessions is now in Morgan County, West Virginia, the latter having been set off from the former after his death. It lies within one of the several “ horseshoe” bends in the Potomac River just below the city of Paw Paw. He noted it in these words: Hampshire On Ptk. River above B. 240 — $15 — $3,600 (e). (e) This tract though small, is extremely valuable it lyes on the Potomac River about twelve miles above the town of Bath (or Warm Springs) and is in the shape of a horse-shoe, the River running almost around it. Two hundred acres of it is rich low grounds with a great abundance of the largest and finest Walnut Trees; which with the produce of the soil might (by means of the improved navigation of the Potomac) be brought to a shipping port with more ease and at a smaller expense than that which is transported 30 miles, only by land. At the auction sale Samuel Washington bid $20 an acre for this tract and at the exact measurement shown by survey of 249 acres 3 rods and 37 perches it cost him $4,999.06 or $1,399.06 in excess of his uncle’s valuation. The executors however did not convey it to Samuel Washing- ton, for it appears from the recital in their deed that the latter sold the land to John Thornton before a deed could be executed and requested the deed to be made to the latter, which was done, not only once but twice. The first deed was dated March 14, 1807, and perhaps by mistake was recorded in Alexandria County of the District of Columbia instead of being merely acknowledged before George Deneale, the clerk of the United States Court there. At any rate, on February 5, 1810, another deed was made, ac- knowledged in the Fairfax County Court and duly filed for record in Hampshire County on April 16, 1810, where the record still exists. ied a a296 The Estate of George Washington, Deceased THE NANSEMOND COUNTY LAND Allied to the Dismal Swamp investment was this land which Washington’s inventory specifies as: Nansemond: Near Suffolk 4 Acres. Price. 1,119 Acres 373 $8 $2,984 (g). and the note is: (g) These 373 acres are the third part of undivided purchases made by the deceased Fielding Lewis, Thomas Walker and my- self, on full conviction that they would become valuable, the land lyes on the road from Suffolk to Norfolk, touches (if I am not mistaken) some part of the navigable water of Nansemond River, borders on and comprehends part of the rich Dismal Swamp, is capable of great improvement and from its situation must become extremely valuable. Colonel Fielding Lewis married Betty, Washington’s only sister. He lived at Fredericksburg and was at one time very wealthy. He was considerably older than Washington and at the time of the Revolution he was physically disqualified for service in the field. He rendered great service however in other respects and especially by devoting his energies and a large por- tion of his fortune to the manufacture of munitions at Fredericks- burg. He died shortly after Cornwallis’ surrender, and as ap- pears from the letter below had involved his large landed estate deeply in debt. Washington was very fond of him and looked after the welfare of his large family, taking two or three of the sons into his service as agents and secretaries, the youngest one, Lawrence Lewis, being one of his managers when Washington died, and the husband of Mrs. Washington’s granddaughter, Nellie Custis. Washington wrote to Colonel Fielding Lewis’ son about these lands from his headquarters on the Hudson:Of the Lands on the Eastern Waters 297 To John Lewis Newburgh Apl. 17th 1782 * Dear Sir: I have heard, and sincerely lament, the death of yr. father; and my concern is increased by the information in your letter of the 24th ulto. of his dying much indebted. So far as I am interested in the lands which he has directed, by his will, to be sold I consent to the disposal of thm. on 12 months credit. The necessity however, of selling them, at this time, is to be regretted; as Lands, except such as happen to be under peculiar circumstances must sell to a disadvantage when they are not in general demand, & when there is a dearth of money, especially those which have been, and may again be ex- posed to the invasions of the enemy, as is the case of the lands purchased of Doctrs. Wright and Jones. I mean this as a gen- eral observation, not to oppose it to the sale you have in con- tempIn. For I am convinced from experience, that Lands far removed from the Proprietors of them, however valuable in them- selves, are very unprofitable, and because I, as well as your Father’s Estate stand in need of the money which my part of them will fetch. When I say this, I take it for granted, that you do not mean to sell these Lands unless you can get the value of them, or near it; because this would not only defeat the end you have in view, but do injustice to Doctr. Walker and myself. I have not a sufficient recollection of them (especially the tracts in which Doctr. Walker holds a share) to describe any of them accurately. ... The Lands purchased of Jones and Doctr. Wright lye between Norfolk & Suffolk, 6 or 8 m. from the latter, & on or near Nansemond River. They are if I recollect right, well timbered and of good quality — level (as all the land there- about is) and capable of being rendered exceedingly valuable. I do not remember what kind of buildings are on the last mentioned LEacts. - . I have directed Mr. Lund Washington to furnish you with all the Deeds & other papers which may be in my possession relative to any of these Tracts. I pray you to give my best love to my Sister & the family — My complimts. to Mrs. Lewis & believe that I am — Dr. Sir Yr. Most obedt. serv. Jno. Lewis Esar. a Go. WaAsHINGTON. Fredericksbg. 1 Ford, 9, 470,298 The Estate of George Washington, Deceased Nothing seems to have come of the matter, for more than fifteen years later we find Washington writing to the son of Doctor Walker: To Francis Walker Mount Vernon, 10th. Oct. 1797 ? Dear Sir, In answering your favor of the 28th ulto. which has been duly received I wish it was in my power to give you more satisfactory information than you will find, in this letter relative to the land near Suffolk. Some years ago (before, if my memory serves me, I was called to administer the Government of the U. States) Mr. John Lewis, as Executor of his father, Colo. Fielding Lewis’ will informed me that the circumstances of that estate required that his father’s interest in the lands wch. were bought by him, your father & myself, lying as above, should be sold—In reply, I told him that any bargain for it that Doctr. Walker & himself would make, I would abide by.— Since which I have never heard a tittle from either on this subject — nor do I know in whose possession, or under what circumstances the lands are now.— That they are not sold I am inclined to believe, because the title papers are still in my care, & no application has ever been made for them.— These from a cursory examination appear to be from Acres Josh Jones to G. W. T. W. & F. for 2 tracts 872 Jas. Wright Do. Do. Do. 50 Stepn. Wright Do. Do. Do. 100 Kings Patent Do. Do. Do. 188 Total 1,210 I thank you for offering to sell me your interest in the above lands, but I have no disposition to become the purchaser, having lately sold my share of the Company property in the Dismal Swamp & formerly a tract adjoining thereto, held by the de- ceased Colo. Lewis & myself; I shall be willing however, at any time, to join you & Mrs. John Lewis in disposing of them to any other purchaser.— With esteem & regard I am Sir, Yohr Most Obedt. Hble. Servt. To Francis Walker, Esqr. Go. WASHINGTON. 21. C., W. Mss.Of the Lands on the Eastern Waters 299 The records of Nansemond County were destroyed by fire in 1866, but there were saved to us three documents showing the ancient history of the tract. These have been recorded again and from them we gather the facts. In an agreement to fix boundary lines made in 1856 between John C. Cohoon, R. J. Saunders and Wm. B. Whitehead, it is recited “ for the better understanding of the premises, the follow- ing history of each interest is given: Ist. General George Wash- ington, Fielding Lewis and Thomas Walker were the owners of certain swamp lands in Nansemond County, the interest wherein of Gen’l. Washington was purchased by said Whitehead of George W. P. Custis, the surviving executor of Gen’] Washington by deed dated the 25th day of September 1851, and the interest of the heirs of Fielding Lewis and Thomas Walker were sold by a decree of the Circuit Court of said County to Whitehead, as appears by deed from John R. Kilby Commissioner to said White- head dated the 13th of December 1852, so that the said White- head became the owner of all the lands in said county owned by said Washington, Lewis and Walker.” The deed from George W. P. Custis, as sole surviving executor, to Whitehead, originally recorded on November 1, 1851, was re- recorded September 27, 1867, in said Book O, at page 210, and shows that on September 25, 1851, nearly fifty-two years after the date of Washington’s death, in consideration of $290, or about seventy-five cents an acre, “all the lands in the County of Nansemond, in the State of Virginia, of which the said Gen’l. George Washington died seized and which were held by him and Fielding Lewis and Thomas Walker as tenants in common”, were sold to William B. Whitehead. In their answer to the “ friendly suit ” in Alexandria County in the District of Columbia in 1825, the executors of Washing- ton had specified this land as one of the few unsold tracts belong- ing to the estate, but no effort appears to have been made in that case to sell it.® 3 This was the last conveyance by an executor of George Washington’s last will and testament. Custis described himself in a letter dated December 1,300 The Estate of George Washington, Deceased The equal neglect of the interests of the Lewis and Walker heirs of their share in what Washington believed to be very valuable property is shown by the last of the three instruments, the deed from John R. Kilby as court commissioner to William B. Whitehead, dated June 15, 1853, originally recorded on that day and re-recorded September 27, 1867, in Deed Book O, at page 211. In this conveyance is made (in consideration of $1,035) in pursuance of a decree of the Circuit Court of Nanse- mond County, in the suit for partition or sale brought by White- head as owner of the Washington share, against “* Unknown parties ”, owners of the Fielding Lewis and Walker shares. It recites a sale at public auction after proper procedure, and conveys “* All the lands in Nansemond County belonging to Genl. George Washington (now belonging to the plaintiff) and Field- ing Lewis and Thomas Walker, being swamp lands, a part of which adjoins the lands of John C. Canoon and others.” The property now forms part of a tract of about thirty-five hundred acres which has been assembled by the ‘** Highlands of Norfolk Corporation.” It is said by its owners to be excellent land for agricultural purposes, needing only to be cleared and drained, a description which is in substance that given by Wash- ington one hundred and twenty-five years ago. Its present value is about thirty dollars per acre. It lies only four miles from the borders of Suffolk. It is a part of the celebrated Western Branch Trucking Section and no less than four important railroads pass over or near it and a power line carrying electric current skirts its southern borders, but it has never been touched by ax or plow.* 1847, to John A. Washington, then owner of Mount Vernon, who was en- deavoring to close the General’s estate, thus: “I am so poor a man of busi- ness that I do not feel myself competent to advise in matters of which I have neither knowledge, nor have had any experience, but with the energy and method of your illustrious ancestor I feel that you, my Dr Sir, will “go ahead.” But he was mistaken. It was left to him to sell the Nansemond lands for a tithe of what the General believed them worth more than fifty years before. Custis Mss., L. C. 4 Robert W. Mallet, Esq., Attorney at Law of Norfolk, Va., has generously loaned me an abstract of the title to these lands which he made in 1918.Chapter X XVI OF THE OUTLYING LANDS Tuese consisted of tracts of varying size in Pennsylvania, New York, Ohio and Kentucky. THE PENNSYLVANIA LANDS» The land scheduled as being in — Pennsylvania acres Great Meadows 234 $6 $1,404 (n) Washington described : (n) This land is valuable on account of its local situation and other properties. It affords an exceeding good stand on Brad- dock’s Road from Fort Cumberland to Pittsburgh and besides a fertile soil possesses a large quantity of natural meadow fit for the scythe. It is distinguished by the appellation of the Great Meadows, where the first action with the French in the year 1754 was fought. This brief reference to the battle of Great Meadows and the surrender of Fort Necessity on July 3 and 4, 1754, is the only mention Washington has made of this connection with the pur- chase and ownership of the premises. Nowhere else does he refer to the personal or historic interest the land had for him. In “ The Washington-Crawford Letters ” * the correspondence is gathered showing Washington’s plan in 1767 to purchase two thousand or more acres in the neighborhood of what is now Uniontown, Fayette County, Pennsylvania, along the line of Braddock’s Road and somewhere in the neighborhood of the Laurel Range. To this end he requested his former companion in arms, Captain William Crawford, then settled in that neighbor- hood, “to look me out ” not a piece of ordinary land, “No, a 1C. W. Butterfield (1877), Cincinnati, R. Clarke & Co. ¥ son’ ee302 The Estate of George Washington, Deceased tract to please me must be rich (of which no person can be a better judge than yourself) and if possible, level. . . . The sur- veying I would choose to postpone, at least till the Spring, when if you can give me any satisfactory account of this matter, and of what I am next going to propose, I expect to pay you a visit about the last of April.”” Then followed a plan also to select lands in “ the King’s part ”, that is, land beyond the Ohio, at that moment forbidden by the King’s proclamation, but believed by Washington “a temporary expedient to quiet the minds of the Indians.” The visit was postponed for one reason and another until October, 1770, when Washington made his fourth tour to the Ohio, this time in search of lands not only for himself but for those two hundred thousand acres which had been promised his soldiers and himself as a bounty for their services in the campaign of 1754. His diary shows that he inspected the Great Meadows and the lands near what is now Perryopolis at the suggestion of Captain Crawford, and his correspondence covers the details of the purchase.” He returned home December 1, 1770, and on December 16, 1770, Crawford wrote him, “ Agreeable to your desire I have bought the Great Meadows from Mr. Harrison for thirty pis- toles to be paid to Mr. Jacob Hite, and inclosed is an order upon you from Mr. Harrison in favor of Mr. Hite and the bill of sale filled up by Mr. McLain. I also inclose a draft of the land, to be run as you think proper. Any alteration you want done please let me know and I will see it done when Mr. McLain comes up next Summer.” The bill of sale here referred to came to light recently as Item 261, in a sale of Americana at The American Art Association in New York City on January 31, 1921, and the catalogue quotes it as follows: William Brooks for and in Consideration of the sum of Thirty Pistoles lawful Money of the Province of Pennsylvania to me in 2A. B. Hulbert, “ Washington’s ‘Tour of the Ohio’,” Vol. XVII, p. 431, et seg. Ohio Archeological and Historical Society Publications.Of the Outlying Lands 303 Hand well and truly paid by Colonel George Washington of Fairfax Coty. & Colony of Virginia do Grant, Bargain and Sell unto said Col. George Washington and to his Heirs, Executors, Administrators, and Assigns, forever all my Right to a certain Application, by me, or for me, entered in the Proprietaries Land- Office in the Province aforesaid, [for] Three Hundred Acres of Land at the place called Great Meadows on both Sides of General Braddock’s Road including an improvement made by Grant from Capt. Charles Edmonston No. 3383. (Signed) Lawr. Harrison for WitiiaMm Brucks (Witnessed by) Bob Bell — Alexander McLean. This “ float ” or claim to the land had to be specifically located by a survey and maintained by improvement of the land, and Washington seems to have had trouble about it for he did not acquire a patent to the land for several years, but when he made his last tour to the West in September, 1784, searching out the route for connecting the headwaters of the Potomac and the Ohio, he notes in his diary on September 12: Left Daugherty’s about 6 o’clock, stopped a while at the Great Meadows and viewed a tenement I have there which appears to have been but little improved, tho capable of being turned to great advantage as the whole of the ground called the Meadows may be reclaimed at an easy comparative expence & is a very good stand for a Tavern. Much Hay may be cut when the ground is laid down in Grass & the upland is good for grain. Dined at Thomas Gist’s at the Foot of Laurel, distant from the Meadows 12 miles, and arrived at Gilbert Simpson’s about 5 o’clock 12 miles further. A full account of the campaign of 1754 which made this pleas- ant tract of rolling farm land famous as the first battle ground of the French and Indian War and the training place of the great commander in chief of the Revolution, is to be found in Chapter V of “ Historic Highways”, Vol. 3, entitled ‘‘ Washington’s Road ” by Archer B. Hulbert (Cleveland, O., 1908. The Arthur H. Clark Company).** It is illustrated with maps and goes into G 2a See also “ George Washington”, by Rupert Hughes (1926), New York. ————304 The Estate of George Washington, Deceased the controversy respecting the details of the location and size of Fort Necessity. It also bemoans the lack of a suitable monu- ment. Since then the fine Braddock Monument has been erected near the spot, for here it was that the ill-fated British General died and was buried in the road, so that his grave might be obliterated and not be rifled by the Indian allies of the French. And on June 20, 1920, the Great Meadows Chapter, Daughters of the American Revolution, dedicated a tablet which will per- manently mark the site of Fort Necessity, commemorating the spot “where Lieut. Col. George Washington fought his first battle and made his first and last surrender July 3-4, 1754.” The location of the land by the surveyor included but two hun- dred and thirty-four acres, running on both sides of the old road, from the three rivulets that supplied water to Washington’s troops, northward to the top of the hill now called Mount Wash- ington. To-day it is and for over a hundred years past has been a farmstead on which a brick house is built by the side of the road, perhaps a century old. It has become a show place of late and bears a large signboard inscribed “ Fort Necessity.” The highway is part of the old Cumberland Road of national fame and is now a highly improved automobile road along which a constant stream of vehicles rolls. Washington’s guess that it might be a fair stand for a tavern was never realized, but about two miles to the westward the great hotel at The Summit marks the spot where the road branches off to the north to the near-by place where he surprised Jumonville and his “ peaceful embassy ” of armed men hiding in the woods. From this point Braddock’s Road leads through the woods towards his ill-fated battlefield near Pittsburgh while the main line of the Cumberland Road pro- ceeds to Uniontown. At the auction sale of Washington’s eastern lands the Great Meadows tract containing two hundred and thirty-four acres was sold to Andrew Parks (husband of Harriet Washington) for five dollars per acre. The executors on December 1, 1805, by their deed recorded in Fayette County, Pennsylvania, at Uniontown in Book H, at page 28, conveyed to Parks the premises “ calledOf the Outlying Lands 305 Mount Washington situated on the East side of Laurel Hill where Braddock’s Road crosses the Great Meadows which was granted to the said General George Washington by Wm. Moore President by patent dated February 28, 1782 and bounded as follows ”, etc., etc. It cost Mr. Parks one hundred dollars to acquire in 1808 the tax title which one Christian Farr had obtained on the land in 1804 for twenty-two dollars, as appears by a deed recorded in Book G, at page 132; and on June 15, 1809, Parks and his wife by their deed conveyed the land to Archibald Henderson of Balti- more and Joshua Longstreth of Philadelphia (in Book H, page 199) to secure many debts of the said Parks in a total sum of about fifteen thousand dollars. That, so far as the record shows, was the end of the Wash- ington interest. The present ownership is in the widow and son of Lieutenant Edward L. Fazenbaker, Company E, 168 Regiment, Pennsylvania Volunteers during the Civil War. The widow lives in the farmhouse and has a case of relics gathered from the fort and battlefield, and despite her more than eighty- two years enjoys telling the story of the farm. The present value of the land is about one hundred dollars per acre. (1923.) Some day the nation may be sufficiently interested to acquire this spot and suitably preserve the land on which first developed the military character of its greatest man. THE NEW YORK LANDS The schedule recites: New York acres Mohawk River abt. 1,000 $6 $6,000 (0) (o) This is the moiety of about 2,000 acrs. which remain un- sold of 6,071 acrs. on the Mohawk River (Montgomery Cty.) in a Patent granted to Daniel Coxe in the Township of Coxebourgh & Carolana as will appear by deed from Marinus Willet and wife to George Clinton (late Governor of New York) and myself. The latter sales have been at six dollars an acre and what remains unsold will fetch that or more.H | | i | i i | i 306 The Estate of George Washington, Deceased The original purchase of 6,071 acres lies between New Hart- ford and Clinton, from six to twelve miles southwest of Utica, New York, and is to-day rich in farms and suburban villages attached to that city. The acquisition of this tract by the two great Georges of the Revolution, during the year 1783, just before news of the defini- tive treaty of peace was received, was the result of the tour to the northward which they made in the summer of that year and which Washington announced to his friend, General Philip Schuyler, at Albany, in this letter: To General Philip Schuyler Headquarters, Newburg 15th July, 17838 Dear Sir: I have always entertained a great desire to see the northern part of this State, before I returned to the southward. The present irksome interval while we are waiting for the definitive treaty, affords an opportunity of gratifying this inclination. I have therefore concerted with Governor Clinton to make a tour to reconnoitre those places, where the most remarkable posts were established, and the ground which became famous by being the theatre of action in 1777. On our return from thence, we pro- pose to pass across the Mohawk River, in order to have a view of that tract of country which is so much celebrated for the fertility of its soil and the beauty of its situation. We shall set out by water on Friday the 18th if nothing should intervene to prevent the journey. And to Congress he wrote the next day: Finding myself in most disagreeable circumstances here, and likely to be so long as Congress are pleased to continue me in this awkward situation, anxiously expecting the definitive treaty, without command, and with little else to do, than to be teased with the troublesome applications and fruitless demands, which I have neither the means nor the power of satisfying; in this distressing tedium I have resolved to wear away a little time, in performing a tour to the northward, as far as Ticonderoga and Crown Point, and perhaps as far up the Mohawk River as Fort Schuyler. I shall leave this place on Friday next and shall probably be gone two weeks, unless my tour should be interruptedOf the Outlying Lands 307 by some special recall. One gentleman of my family will be left here to receive any letters or commands and to forward to me anything that shall be necessary.° The trip from Newburg to Albany was made by vessel but from there to Lake George and return on horseback, and then they proceeded up the Mohawk Valley to Oneida Lake. In this way the beautiful country about Utica was crossed twice and the vision of the future course of a canal connecting the Hudson River with the Great Lakes was opened to Washington. A mes- sage from Congress requesting his attendance at Princeton inter- rupted the westward course of the travelers and they hurriedly returned to Newburg. His entire absence was nineteen days and he traversed a dis- tance of seven hundred and fifty miles. What the effect was on his mind he has left record of. In the well-known letter to his late companion in arms, the Chevalier De Castellux, Washington wrote, soon after he was settled at Rocky Hill near Princeton, on October 12, 1783: * I have lately made a tour through the Lakes George and Champlain, as far as Crown Point. Thence returning to Schenec- tady, I proceeded up the Mohawk River to Fort Schuyler (for- merly Fort Stanwix), and crossed over to Wood Creek, which empties into Oneida Lake, and affords water communication with Ontario. I then traversed the country to the head of the eastern branch of the Susquehanna, and viewed the Lake Otsego, and the portage between that Lake and the Mohawk River at Carna- joharie — Prompted by these actual observations I could not help taking a more extensive view of the vast inland navigation of these United States, from maps and the information of others: and could not but be struck with the immense extent and im- portance of it, and with the goodness of that Providence which has dealt its favors to us with so profuse a hand. Would to God we may have wisdom enough to improve them. I shall not rest contented till I have explored the Western Country, and traversed those lines, or great part of them, which have given bounds to a new empire. 3 Ford, 10, 288, 290. 4 Sparks, VIII, 488. Ford, 10, 324. we SS?308 The Estate of George Washington, Deceased On the same day he wrote to La Fayette,” who had returned to France the year before, “I have it in contemplation to make a tour through all the Eastern States, thence into Canada, thence up the St. Lawrence and through the Lakes to Detroit, thence to Lake Michigan by land or water, thence through the Western Country by the River Illinois to the River Mississippi, and down the same to New Orleans, thence to Georgia by the way of Pensa- cola and thence through the two Carolinas home. A great tour, this you will say. Probably it may take place nowhere but in imagination, though it is my wish to begin it the latter end of April of next year.” This wish and intention, never quite fulfilled, never left his mind, and beginning in September, 1784, he visited again the Ohio country, in 1789 all the New England States and in 1791 all the Southern States. The records still existing in New York State do not show the conveyance to Clinton and Washington, and Clinton’s private 5a papers were destroyed by fire.°* As he had charge of the prop- erty we are largely dependent on the letters preserved in the Washington manuscripts for information, except that in Oneida County, of which Utica is the county seat, the county clerk’s office has a series of deeds recorded there after 17792 which show the sales made from the tract after that date. On November 27, 1793, at Philadelphia, Washington con- cluded a letter to Clinton on other business with this paragraph: ° Whenever it shall be perfectly convenient to you, I would thank you for a statement of our joint concern in the Mohawk Lands; that is for Information of what Lots have been sold & what remain on hand with the number of them. And on December 25, 1798, he wrote again: * Your favor of the 18th instant enclosing a statement of sales of lots in Coxburgh belonging to us, has been duly received; and I thank you for the particular manner in which they are rendered. 5 Ford, 10, 325, note. 5a Washington’s Ledger C contains at page 1 in his autograph a full state- ment of his account with George Clinton. See Addendum. 6 L. C., W. Mss. Copies, Vol. 14, p. 85. 7 Ibid., Vol. 264, Doc. 35132.Of the Outlying Lands 309 I did not mean to give you so much trouble; to know summarily what had been sold and what remained on hand, was all I had in view. I hereby acknowledge the receipt of a Bank note (New York) for sixteen hundred and fifty-nine °%0oo0 dollars being the Ballac. per account stated on the sales above mentioned. Two years later under date of November 23, 1795, Washing- ton wrote again: * My enquiries after your health have been constant and my concern for the ill state of it has been sincere. I beg you will not suffer the business in which I am jointly interested to give you a moments concern, for I can assure you it has never occupied a thought of mine. But in order to make the transacting of it as easy to yourself and as convenient to others as the case is susceptible of, I will empower you to act for me in the same manner you do for yourself if there is no incompatibility in it, and I see none. A month later he executed a power of attorney to George Clinton accordingly, which is recorded in Oneida County, in Book of Deeds No. 15, at page 483. Just before leaving the presidency, on February 28, 1797,° Washington wrote acknowledging the receipt of twenty-five hun- dred dollars: On account of our joint concern in the lotts in Coxburgh, and which as appears by the items of an account enclosed, overpays my Dividend of the Receipts £26.0.17. York Currency. . . . I have been constant in my inquiries after your health, and with sincerest pleasure heard latterly, that it was well restored. As early in next week as I can make arrangements for it, my journey for Mount Vernon will commence, Twenty miles from which I think it is not likely, I shall ever be again. But if business, in- clination or any other cause, should ever induce you to visit that hemisphere I can assure you with much truth, that I shall be extremely happy to see you under the shade of my vine and fig tree. From the ten deeds recorded in Oneida County by which Clinton and Washington conveyed various-sized lots running from 8714 8 L. C., W. Mss. Copies, Vol. 15, p. 5. 9 Ibid., Copies, 15, 116.310 The Estate of George Washington, Deceased to 358 acres, it appears that during that time 2,238 acres were sold by them for prices varying from $2 to $6.79 per acre and totalling $8,404 at an average of $3.75 per acre. Probably fif- teen hundred acres had been sold before 1792 and the deeds recorded in older counties, whose records no longer exist. One of the deeds from Washington and Clinton of part of this tract has been preserved *° and bears in addition to the signatures of the two principals, those of Colonel David Humphreys and Colonel Tobias Lear, Washington’s secretaries, as witnesses, and the certificate of acknowledgment by James Kent, then Master in Chancery, later Chancellor of the State of New York and the famous author of Kent’s “Commentaries.” ‘The grantee in this deed (recorded in Oneida County in Book T of deeds, page 333) is David Risley, and it was his grandnephew, Colonel Risley, Civil ‘ 39 War veteran “79 years young ” who guided me over the tract in September, 1919, and showed me the farms his granduncle and grandfather had acquired and on one of which the Colonel was born. At the time Washington drew his will he declared himself owner of the half of two thousand acres, and their value six dollars per acre. At the executors’ sale on June 5, 18038, there was sold to George Washington the Mohawk land, 1,000 acres @ $5 $5,000.00 This was George Steptoe Washington and in September, 1806, he made two sales, one for his share of 1,031 acres and the other for one-half of 262 acres; the former at $6.50 per acre and the latter at $6.40. Later sales were at six and seven dollars per acre under a power of attorney from George Steptoe Washing- ton to George Clinton, dated January 16, 1807, recorded in Oneida County, June 21, 1808, in Book 15 of deeds, page 481. The last sale was made June 22, 1808, and brought the total number of acres sold after Washington’s death to 2,253 for $13,200, or $6,600 for the 1,126.5 acres which fell to Washing- 10 In the New York Historical Society, New York City.Of the Outlying Lands 311 ton’s legatee. No conveyance from Washington’s executors to the younger George is of record. The grantees from Washington, George S. Washington and George Clinton, in the various deeds remaining of record in Oneida County, are Nathaniel Griffin, Jerediah Sanger, Elias Hopkins, Cornellius Glen, George Brownell, Thomas Hart, Deo- dalus Clark, Rufus Willard, Judah Stebbins, Jr., Elijah Smith, Samuel Starr, Ephraim Beese, Joseph Bladgett, John Baxter, John Young, Treat Baldwin, Darius Scovill, Peter Seleck, Daniel Babcock, Asa Turner, Stephen Hutchenson, John Bab- cock, Ebenezer R. Fitch, John Wicks, Nathan Thompson and David Risley. Farm land in the tract is selling at two hundred dollars an acre and upwards, but a great part of it is town or suburban property and much more valuable. THE OHIO OR NORTHWEST TERRITORY LANDS Under this head Washington described his tract in the present State of Ohio just east of the City of Cincinnati: North Westn. Territ’y acres On the little Miami 839 Ditto 977 Ditto 1,235 3,051 — $5 — $15,251 (p) (p) The quality of these lands & their situation may be known by the survayer’s certificates, which are filed along with the Patents. They lye in the vicinity of Cincinnati, one tract near the mouth of the little Miami, another seven & the third ten miles up the same. I have been informed they will readily command more than they are estimated at. The agreement of the legatees provided that: The lands in the North West Territory and in Kentucky, are included in those which are to be sold. The sales report of the executors however, does not show that there was any sale of either of these tracts. ———— eG312 The Estate of George Washington, Deceased The Ohio lands had a curious and eventful history. They were in what is known as the Virginia Military District of Ohio, which that State reserved from its grant to the United States and out of which the State of Virginia compensated its soldiers. Washington had declined to apply for or accept his quota of the Virginia land bounty, although he was entitled as a major general to 23,33314 acres. He placed his refusal upon the same principle on which he declined pay as commander in chief, that no pay would have induced him to accept the post, and so having accepted it he would receive none. The lands given by Virginia to its Revolutionary soldiers were to be taken from the territory northwest of the Ohio River con- quered by Colonel George Rogers Clark and his Virginia militia during 1777 from the British, and thereafter claimed by the State of Virginia as its own County of Illinois. This claim however was disputed by other States and long formed the stumbling block to the ratification of the Articles of Confederation from 1777 to 1781. Maryland persistently refused to ratify these unless all States, and especially Virginia, should agree to put all claims to western territory beyond the Ohio River and the present boun- daries of New York and Pennsylvania, into the Federation and thus make that national territory. One by one the States agreed, Massachusetts, Connecticut (with a reservation) and others and lastly Virginia ceded the point, but the latter reserved a military district (north and east of Cincinnati) to compensate its soldiers. When the ordinance of 1787 was finally adopted in lieu of the former one on the subject, there were warrants for thousands of acres outstanding ready to be located on the Virginia Military tract and they had been dealt in like stock certificates in our day, in the open market. Of these, Washington acquired two by purchase; one for three thousand acres issued to John Rootes, and one for one hundred acres issued to Thomas Cope. In the summer of 1787, Washington placed his warrants in the hands of Colonel John O’Bannon, a deputy surveyor of the Virginia Military district of Ohio for location and accordingly on Jan- uary 17, 1788, there were entered in Washington’s name 839Of the Outlying Lands 313 acres in what is now Franklin Township, Clermont County, Ohio (as entry Number 1,650), and on May 13, 1788 (as entry Number 1,765), 1,235 acres on the Little Miami River, three and one-half miles above the mouth of its east fork, in what is now Miami Township, in the same county. These two entries were made on the warrant for three thou- sand acres. On May 12, 1788, O’Bannon made entry Number 1,775, in Washington’s name, for 977 acres, 848 acres of which lie in Union Township, Clermont County, and 129 acres in Ander- son Township, Hamilton County. These entries exhausted the Rootes warrant and took fifty-one acres out of the Cope warrant of one hundred acres. The entries were surveyed in April and May 1788, and were duly recorded in the books of Colonel Richard Anderson, the sur- veyor of the Virginia Military District of Ohio. The entries and surveys were made under the law enacted by Virginia in 1783 and Washington and his agents were under the belief that they should be returned, or reported, to the Land Office of the State of Virginia at Richmond. ‘This was done at sometime prior to April 20, 1790, and on December 1, 1790, patents were issued to Washington accordingly by Beverly Randolph, as Governor of Virginia, in the belief that it was incumbent on the State of Virginia to complete the title. It so happened, however, that meanwhile Virginia had ceded the lands to the United States, subject to the soldiers’ claims and that the title was no longer in the State but in the national gov- ernment in trust for the soldiers and the people. The legal minds in the government had discovered the point even before Washington’s patents were issued to him, but after he had applied for them. The Congress of the new United States on August 10, 1790 (Volume I, page 182, U. S. Laws), had enacted and Washington as President had approved, “ An act to enable the officers and soldiers of the Virginia Military line, on continental establishment, to obtain title to certain lands lying northwest of the Ohio River, between the Little Miami and the Scioto”, which, while it recognized the locations and surveys ee ee may7 ; | | i | 314 The Estate of George Washington, Deceased made under the laws of Virginia, required that these be re- ported to the National Land Office and there patented within five years. Washington was too busy with other affairs to realize the effect of this law upon his own land and rested easy until 1798 in the belief that his Virginia patents gave him good title. In January, 1798, Washington at Mount Vernon was told that a Mr. Massey from the Northwest Territory, passing through Alexandria recently, had said that Washington was in danger of losing his lands in that territory.” Washington promptly acted on the information by writing to Rufus Putnam, United States land agent at Marietta, Ohio, and Winthrop Sargent, governor of the territory, at Cincinnati, Ohio, informing them of his rights and the doubt raised, and asking for advice if any error had been committed in making his title. He sent the letters through the Secretary of War, McHenry at Philadelphia. Putnam replied under date of February 17, 1798, but Sargent did not receive the inquiry until June 6th, although enclosed in one from the Secretary of State. Both denied any knowledge of the danger and promised to advise him if it should come to them. All these letters are preserved in the Library of Congress. But again the question was raised as these letters show. T'o Richard C. Anderson Mount Vernon 30th July 1798.” Sir: In the course of last winter a Mr. Massey passed through Alexandria on his way to Philadelphia, & reported at the former place, that I should lose my land in the Northwestern Terri- tory — On the little Miami. Not perceiving how this could happen fairly, and not supposing it would be taken from me otherwise without allowing me a hear- ing, I paid but little attention to the Report until Mr. George Graham called upon me the other day, and in conversation on 11 Letter from James Welch to Washington, L. C., W. Mss., Vol. 287, Doc. ane en C., W. Mss., Vol. 290, Doc. 38776.Of the Outlying Lands 315 this subject gave it as his opinion that the land was in real jeopardy, by reéntry under some errors in the former proceed- ings, and advised me to write to you relatively thereto. This I now do, under full conviction however, that as the former surveys were made under your auspices,— examined & recorded in your office and Patents granted thereupon in the year 1790 — with the following recital “ In consideration of a Military war- rant of 3,000 acres granted to John Rootes by Lord Dunmore the 7th December 1773 and assigned by the said Rootes unto George Washington, Esqr. the 14th February 1774 and ex- changed by a resolution of the General Assembly passed the 30th December 1784 for a Warrant of 3,000 acres No. 3753 and dated the 14th Feby. 1785.” I say under full conviction that you would not suffer the land to be wrested from me by any subsequent transaction in your Office without giving me notice thereof in time to assert my prior claim, I now give you the trouble of this address,— adding at the same time that if any- thing is necessary on my part to give more validity or greater legality to former proceedings, I am willing to incur the ex- pense, rather than enter into a tedious & expensive Chancery suit which I assuredly will do before my property shall be taken from me. I would thank you, Sir, for full information, and your advice relative to the matter as soon as it is convenient. Being Your Most Obedt. Hmble. Servt. Go. WasHINGTON Richd. C. Anderson, Esq. To Washington Jefferson County near Louisville ** September 5th, 1798. Sir: Yours of the 30th of July I have the honor to receive, and cannot conceive from what circumstance Mr. Massie or Mr. Graham could found an opinion that your military claim, was in the least danger, no other entry as yet to my knowledge ever having been made on the same ground. It is probably however that the opinion was founded on a resolution of Congress which was intended to prevent those, who from the time of service were not entitled to lands, but from the liberality of the State of Virginia obtained warrants by resolution of the Assembly; but, 13 L. C., W. Mss., Vol. 291, Doc. 38915.316 The Estate of George Washington, Deceased as this in my mind was not your case, yours being exchanged by a resolution of the Assembly, I did not trouble your Excellency with the conjecture of a few on that head, and you may rest assured should any attempt be made in this office by entry or otherwise that I shall take the liberty of giving you immediate notice thereof. And as it is a matter of consequence as I am informed yours are valuable lands provided you think there can be the least danger from the lands being laid in consequence of a resolution warrant, that you make yourself acquainted with that particular circumstance, and if you think it in danger to send out other warrants to cover its place. With much respect and esteem I have the honor to be, Sir, Your most ob. servant (Genl. Washington) Ricuarp C. ANDERSON. This answer came while Washington was in the midst of his controversy with President Adams about the selection of Alex- ander Hamilton as first major general and the preparations for going to Philadelphia to organize the army of the United States to repel the threatened French invasion. When he read the letter he probably laid it aside for future action, or rested upon the mistaken opinion of Colonel Anderson. At any rate, when he wrote his will in the following July, no danger seems to have been present to his mind. The time for obtaining United States patents had expired in August, 1795, but Congress, by a subse- quent act, extended the time to 1800. Meantime Washington had died. Washington’s executors paid taxes on the lands for several years after his death. In 1806 they learned that one Joseph Kerr, a U.S. deputy surveyor (subsequently senator from Ohio), had made locations on warrants in the name of General John Nevill, who had died July 20, 1803, at Pittsburgh, which locations were upon the identical lines and field notes of Washington’s surveys and patents. Nevill had left a will devising the claims to his son, Presly Nevill, and his daughter, Amelia Craig. Kerr and Nevill had “ jumped ” Washington’s land. On March 14, 1806, the executors petitioned Congress for anOf the Outlying Lands 317 act to confirm their title to the land. There was some delay in passing it and it was amended so as to make it of general appli- cation. On March 3, 1807, it became a law under the title “ An act authorizing patents to issue for lands located and surveyed by virtue of certain Virginia resolution Warrants.” It was gen- erally known as “‘ the Washington land act”, and granted two years’ time for the necessary action. Meanwhile Joseph Kerr had filed the Nevill claims and surveys in the U. S. land office and soon afterwards obtained patents, on April 30, 1807, under which he subsequently bought the lands from the Nevill heirs. The executors do not seem to have contested the matter and to-day the titles rest on these patents. The land which Wash- ington believed to be worth more than fifteen thousand dollars was lost to his estate. In 1907, a century later, a lawyer at Portsmouth, Ohio, be- stirred himself in the matter, and certain descendants of Wash- ington’s legatees were induced to have Robert E. Lee, Jr., a grandson of the famous General, appointed administrator de bonis non with the will annexed of George Washington deceased, by the County Court of Fairfax County, Virginia, to prosecute a claim against the United States for compensation because of the wrongful patenting of these lands. A petition was presented to Congress in which this adminis- trator and four others as individuals joined, requesting a re- imbursement at the alleged then value of the land of one hundred dollars per acre or $305,100, but in spite of elaborate hearings and a favorable report by a House committee, there has been no final action. Within late years the administrator and the chief promoter of the petition have both died and Congressman James R. Mann, “ the watchdog of the treasury ”, who consistently op- posed it, has also gone to his last account. The lands are just east of the city of Cincinnati, are rapidly becoming very valuable, and during the World War a large portion of them were devoted to a plant for the manufacture of T. N. T. by the national government.**318 The Estate of George Washington, Deceased THE KENTUCKY LANDS These were noted in the schedule as follows: Kentucky acres Rough Creek 3,000 Ditto, adjoining 2,000 5,000 — $2 — $10,000 (q) (q) For the description of these tracts in detail, see General Spotswood’s letter filed with the other papers relating to them. Besides the general good qualities of the land, there is a valuable Bank of Iron Ore thereon; which when the settlement becomes more populous (and settlers are moving that way very fast) will be found very valuable, as the rough creek, a branch of the Green River affords ample water for Furnaces and forges. The destruction of the records in Richmond, Virginia, in 1865, prevents us from knowing how Washington acquired these lands. They were in all probability received by him from General Henry Lee in 1788, as payment in the purchase by the latter of Wash- > as such a trade is recited in Wash- ington’s stallion * Magnolia,’ ington’s Diary under date of December 9, 1788 (see Fitzpatrick Diaries 3, 452). Many eminent Virginians, including Washing- ton’s kinsmen, Colonel Fielding Lewis and General Spotswood, had large holdings in the same neighborhood, and Colonel Thomas Marshall, the father of Chief Justice Marshall, who had migrated to Kentucky, had charge of the lands. These were situated about one hundred miles southwest of Louisville on the branch of the Green River known as the Rough Creek, which flows westward out of the rolling and heavily timbered uplands of middle Kentucky. At points six and ten miles east of the present town of Hartford there are considerable falls in the creek. The upper one, known to-day with the village about it as The Falls of Rough, develops considerable power 14See papers of the 60th and 62nd Congress. House bill 5489. Senate bill 1238. Hearings, March 25 and May 23, 1912, and March 19, 1914, before the sub-committee of the Committee on Public Lands. H. R. Also: “ Washington’s Ohio Lands”, an article by E. O. Randall, Esq., on pages 304 to 319, Volume XIX (1910) of the Ohio Archeological and Histori- cal Quarterly.Of the Outlying Lands 319 and early in the nineteenth century flour and other mills were established there which made their owners wealthy. Five or six miles farther down stream is another fall, not so large, known as Hite’s, but it has never been developed as a mill site. This site is on a three hundred acre tract known as Woodrow’s Survey, around which extended Washington’s five thousand acres. In 1798 Washington tried to buy this from Mr. Hite * for one thou- sand dollars, but Hite wanted three thousand dollars and Wash- ington withdrew with the observation that he was glad to know that his property adjoined such valuable land. There is a mass of correspondence in 1797, 1798 and 1799 about this land in the Washington Mss. It was mainly with General Spotswood, who journeyed to Kentucky on business of his own, but being in the neighborhood also saw Washington’s land and made him a careful report upon it.’ To Washington Lexington, State of Kentucky. June 23, 1797. Dr. Sir: Having already wrote respecting your lands purchased of Genl. Lee laying on Rough Creek, shall now only observe that I arrived on them with the gentlemen mutually chosen by Lee and myself to value the same on the 25th of May. After tracing the lines so as to keep us within the bounds of the two tracts, we proceeded to traverse the same and found the Two tracts to con- sist as follows: 1st — Rolling land. 2nd— very Hilly land running up into points. 8rd — Ridges Running out from the creek. 4th — much flat land grown up with cane. 5th—very high land with much Hurtleberry land. The first described land lays well for the plow & very rich but I believe no great quantity, the 2nd do — poor —here the settlers say is much iron ore and very rich but of this I am no judge. 3rd (Ridges) the whole of them do not contain more than 60 acres, very rich, lays well for the plow, and surrounded with the flat canary land, which is immensely rich, but every year flooded with the back water from 18 Inches to 21% feet deep, 15 L. C., W. Mss., Vol. 284, Doc. 37965. 16 [bid., Vol. 284, Doc. 37695. ee crt — ina320 The Estate of George Washington, Deceased which is of great advantage to the land by leaving every year a rich coat of manure & no disadvantage to the farmer as the water coming on gradually and going off as gradually will never take away fences, and returning to the creek from whence it comes by the 20th of March, gives the farmer full time to prepare his crop. The last described land, has very steep hillsides, on arriving at the Top of the ridges fields may be got from 40 to 50 acres of good farming land, the ascents and descents from ridge is grad- ual, (as far as I saw & examined). This land was valued at one dollar per acre. It is thought here to be of no great value but with us it would be deemed champion land. . . . The Mill seat is claimed by a Mr. Hite in this country who says Andrew Woodrow sold the warrant to his father 12 yrs. ago. . . . Col. Marshall informs me that he has paid your taxes to 1796. Please present me affectionately to Mrs. Washington & believe me Dr. Sir to be with much esteem & affectionate regards Yours Sincerely A. Sporswoop. In another letter (June 16, 1797) he writes: “ I viewed the situation for a mill on Andrew Woodrow’s 3800 acre survey, which runs on both sides the creek & includes the Qnd falls on Ruff and think it equal to any situation I ever saw in my life, and certain I am from the immense fine country around it and the very few mill seats in that country with water carriage from the spot, that the day will come when this seat will be valued to £10,000. Washington had declined to sell the land when Colonel Marshall wrote to him on the subject, as his nephew, George Lewis, was going out to settle near it and would advise him later about it (January 2, 1796), and after Spotswood’s report he concluded to hold it. The agreement among the Washington legatees provided that this land should be sold by the executors and the account of one of the latter, under date of July 23, 1810, shows this item: ‘* To Cash paid Warner Lewis to defray his expenses in view and sur- veying Kentucky lands $180.00.” Nowhere, however, does it appear that the lands were sold by the executors. 17L. C., W. Mss., Vol. 284, Doc. 37954.Of the Outlying Lands 321 Originally they were in Hardin County but they were included in Ohio County in 1799 when that was set off from Hardin. In 1810, Greyson County was likewise set off from Hardin and the east ten miles of Ohio County were given to it also. This included the Washington lands and Hite’s Falls. The records of Greyson County began in 1810 when Washing- ton’s executors apparently still held title to the land. Wash- ington’s deed from Henry Lee had been given before Kentucky was admitted as a state,’* being then still Kentucky County in the State of Virginia, and so Washington had recorded his deed in the General Court at Richmond, Virginia, which had jurisdic- tion of the land. Up to that date therefore (1810) there was no record of the Washington title in the State of Kentucky. The records were destroyed during the Civil War, those of Greyson County during the raid of General John H. Morgan, and the Richmond records in the fire of April, 1865. There has been no restoration of either which throws any light on the Wash- ington title and an examination of the records of the Hardin, Ohio and Breckinridge counties, which adjoin Greyson, also yielded negative results. The Spotswood description of the lands is a fair one to-day. True, they have been divided into farms of one and two hundred acres and are under cultivation now, but their character is the same. The iron ore deposits have not materialized. In general the neighborhood is strictly rural. How and to whom the Wash- ington estate parted with its title seems unascertainable and the subsequent story of the land, except for Morgan’s raid, seems to belong, if not exactly to “the short and simple annals of the poor”, yet among those “along the cool sequestered vale of life”, that “kept the noiseless tenor of their way.” 181. C., W. Mss., Vol. 296, Doc. 39789. Letter from Wilson Allen Clark, June 28, 1799. —| i | | | | { Chapter XXVII OF THE OHIO RIVER AND GREAT KANAWHA RIVER LANDS Tuesr, by far the largest of Washington’s holdings, con- sisted of four tracts on the Virginia or easterly side of the Ohio River, between Wheeling and the mouth of the Great Kanawha River, and five tracts on the latter river, four below the present city of Charleston, West Virginia, and another a few miles above. The latter was small, being a half interest in two hundred and fifty acres known as the Burning Spring tract. The total acreage of these tracts was a little more than thirty-three thousand or nearly fifty-two square miles, but be- cause they were wholly “‘ bottom” or riverside lands and hence narrow in many places, they actually had a frontage on the two rivers of fifty-six miles and lay between the near-by hills and the river banks. That they were rich and covered with heavy timber Washington certifies and the present growth of the great walnut trees of the famous Washington bottoms testifies. It is necessary to treat of these tracts in three parts: first the Round Bottom, which Washington sold to Archibald Mc- Lean in 1799, but did not convey before his death intervened; second, the thirty-three thousand acres ‘‘on the Western Waters”, which were divided into twenty-three tracts among the legatees; and third, the Burning Spring tract, which was a peculiar purchase and by accident was omitted from the parti- tion made by the legatees. The record as to all of these is full in spite of the fact that the chief and original repository, the records of the General Court of Virginia at Richmond, no longer exist. For our pur- poses they have been saved however, mainly in a certified copy on file in the Circuit Court in the little town of Lewisburg, theOf the Ohio River and Great Kanawha 323 county seat of Greenbrier County, West Virginia, which in its mountain-high valley escaped both the ravages of fire and war. There, by reason of a suit concerning the Burning Spring tract, in 1819, was preserved a certified copy of the plat and deed of partition entered into by the Washington legatees. THE ROUND BOTTOM This tract is referred to in the schedule as one of the Ohio River tracts, containing 587 acres and valued at ten dollars per acre. It is made the subject of an especial paragraph in the note (a) appended to the schedule: The smallest of these Tracts is actually sold at ten dollars an acre, but the consideration therefor, not received. The little tract made a lot of history. It first came into Washington’s knowledge in 1770 when he made his fourth tour to the Ohio, this time in search of lands for himself and his soldiers. Leaving Pittsburgh on October twentieth with Doctor Craik, Captain Crawford and others, he proceeded down stream “ im- barked in a large Canoe with sufficient store of Provisions & Necessaries . . . and the Indians who were in a Canoe by them- selves.” On the twenty-fourth, when they had passed the Indian settle- ment on the west side of the Ohio called Mingotown, near the present city of Steubenville, he records that “ Abt. a Mile and half below this again comes in the Pipe Creek, so called by the Indians from a stone which is found here out of which they make Pipes — opposite to this (that is on the East side) is a bottom of exceeding Rich Land, but as it seems to lye low, I am appre- hensive that it is subject to be overflowd — this Bottom ends where the effects of a hurricane appears by the destruction and havoc among the Trees —.” * 1 Diary of 1770. Ford, 2, 285, 307. Also see “ Washington’s Tour of the Ohio”, by Archer B. Hulbert. Ohio Archeological and Historical Society Publications, XVII, p. 456.} } } i j i } | Se 324 The Estate of George Washington, Deceased Returning from the Great Kanawha River on the fifteenth of November, he again passed the same spot but not without a careful inspection of the land. He noted it as unusually rich land and that with some of the “ Timber Land adjoining — may 99 2 be 12 or 1500 acres (can be) got in this manner. 3 is a most In the “ Washington-Crawford Correspondence ” interesting account of the difficulties which he encountered in holding his lands and which led Washington to write (p. 81) on June 16, 1794, “ From the experience of many years, I have found distant property in land more pregnant of perplexities than profit.” Crawford reported to Washington on August 2, 1771, “I have run out the different tracts of land described in your memorandum between the Little Kanawha and the Big Kanawha and that tract above the Captina or opposite Pipe Creek. It as not large.” This is the Round Bottom and it is located on the east side of the Ohio River in what is now Marshall County, West Vir- ginia, about fifteen miles below Wheeling, near the railroad station called ‘ Cresap’s.” In 1773 Washington learned in some way that one Michael Cresap, whom he knew personally and had visited on his tour in 1770, was interfering with his claim to priority of right to the Round Bottom, and he wrote him this characteristic letter. To Michael Cresap Mount Vernon 26th September 1773.4 Sir: In my passing down the Ohio in the Fall of the year 1770, I made choice of a piece of Land, being the first bottom on the So. East side of the river above Capteening, as also a little above a place where the effects of a hurricane appear among the Trees, and opposite to a Creek on the other side near the upper end of 2“ Washington’s Tour of the Ohio”, by Archer B. Hulbert. Ohio Archeological and Historical Society Publications, XVII, p. 472. 3C. W. Butterfield (Cincinnati, O., 1877, Robert Clarke & Co.). 4¥Ford, 2, 392.Of the Ohio River and Great Kanawha 825 the bottom, call’d Pipe Creek. The next Spring when Capt. Crawford went down the Ohio to survey, I desired him to run out this Land for me, which he accordingly did, & returned me the Plat of it, as you may see by the enclosed copy, intending as soon as a Patent could be obtained to apply for one. The summer following, hearing that Doctor Brisco had taken pos- session of this bottom, (altho’ informed of my claim to it) I wrote him a letter, of which the enclosed is a copy.— And within these few days I have heard (the truth of which I know not) that you, upon the Doctor’s quitting of it, have also taken possession of it. If this information be true, I own I can conceive no reason why you or any other person should attempt to disturb me in my claim to this Land, as I have not, to my knowledge, injur’d or attempted to injure, any other man in his pretensions to Land in that country; it is a little hard, therefore upon me that I can- not be allowed to hold this bottom (which is but a small one) in peace and quietness, till a legal right can be obtained, which I always have been and am still ready to pay for as soon as I know to what office to apply.—I would feign hope that my information respecting your taking possession of this Land, is without foundation, as I should be sorry to enter into litigation of this matter with you or any other Gentleman; but as I con- ceived that I had as good a right to make choice of this bottom as any other person has; as I am sure that I am the first that did so, and have had it surveyed so as to ascertain the bounds, upwards of two years ago, I am resolved not to relinquish my claim to it. But if you have made any Improvements thereon not knowing of my claim, I will very readily pay you the full value thereof, being &c.— Go. WasHINGTON. There is another letter, dated in 1774, from Washington to Thomas Lewis, the official surveyor, in which Washington refers to Cresap’s pretenses to thirty miles of frontage on the Ohio River, and urges the issue of his patents to head him off.® On May 8, 1774, Crawford wrote to Washington: “ Inclosed you have the drafts of the Round Bottom and your Chartier’s land, finished agreeable to Mr. Lewis’ direction. . . . Mr. Cre- sap and some other people fell on some Indians at the mouth of 5 Ford, 2, 408, 409.326 The Estate of George Washington, Deceased Pipe Creek, killed three and scalped them. Daniel Greathouse and some others fell on some at the mouth of Yellow Creek and killed ten.” ° These massacres of Chief Logan’s kindred sent him upon the warpath against the Virginians and resulted in what is known as Lord Dunmore’s War, which was ended October 10, 1774, by the battle of Point Pleasant at the mouth of the Great Kanawha, in which Chief Cornstalk and the Indians were badly defeated. Washington wrote Crawford a reply on May 27, 1774, but it has not been preserved. Crawford refers to it in writing on June 8, 1774,’ and continues, “I shall take the opportunity of the first scouting party down the river to comply with your re- quest in regard to the Round Bottom, and send you a plat and another to Mr. Lewis. Then I hope no door will be left open for disappointment.” The “ disappointment ” was undoubtedly the possibility that some one had interfered since the first survey had been made, and Washington, having now received his land warrant, wanted a subsequent survey and plat to obtain his patent on. The Indian War was in active progress and surveying became difficult. Crawford had entered the military service of the com- monwealth as major and was at the head of five hundred men. He wrote to Washington from Stewart’s Crossing, September 20, 1774. . . . I do not hear anything of Cresap’s claim now, as no person lives upon it or any of your land since the Indians broke out. I spoke to Lord Dunmore in regard to it, and what manner your property is claimed and how these people took possession of the land. He says it can make no odds as you have the first claim, and a patent besides, so I believe it is out of the power of any person to prejudice him against you. And finally on November 14, 1774, he concluded: 6 Washington-Crawford Correspondence (Robert Clarke & Co., Cincinnati, 1877), p. 52. 7Ibid., p. 51. See also letter of Washington to Thomas Lewis, surveyor of Augusta County, then comprising all of what is now West Virginia, dated February 1, 1784, asking for information of the State of his lands on the Western Waters. Ford, 10, 350 to 356.Of the Ohio River and Great Kanawha 327 I have run your land at the Round Bottom again and will send you a new draft of it by Valentine Crawford who is to be at your home in a few days, at or before Christmas. ... I spoke to Lord Dunmore about your lands at Chartiers and the Round Bottom, and it happened that Mr. Cresap was present, when we spoke of it. Cresap was urging his claim and I was walking by. He wanted it run for him according to a warrant he had purchased. I then told his Lordship the nature of your claim before Cresap’s face; upon which he said nothing more at that time, but wanted me to survey it for him also and return it. I told him I could not at any rate do such a thing as I had surveyed it for you.* In April of the next year the battle of Lexington sent all men’s minds to the eastward and not long afterward Washington forgot all his land investments for eight or nine years as com- mander-in-chief of the Continental Army. Michael Cresap, having escaped the vengeance of Chief Logan, though not the undeserved ill-fame in the latter’s supposed ora- tion, joined Morgan’s rifle corps and marched towards Boston. In New York City illness overcame him and he sleeps in Trinity Churchyard. Colonel Crawford, though deeply engaged on the frontier and at Valley Forge as colonel of his regiment, did not forget his duty to his chief’s personal affairs, and so, when in 1779 the State of Virginia provided by statute how those soldiers of 1754 who had remained faithful in 1776, should obtain the patents for the bounty lands promised them by King George III, Craw- ford promptly wrote to Washington from Fort Pitt on August 10, 1779, and reported conditions, and as to the Round Bottom said, “‘ Young Tomlinson who first improved the land was with me when I surveyed it, and carried the chain round it, and gave up any title he had to you, upon my informing [him] that you claimed the land. There was no improvement on the land when I surveyed it for you but Tomlinson’s as I saw. Your houses down the river are all burnt by the Indians.” Later, on May 23, 1781, he wrote, “ Sometime ago I wrote you 8 Washington-Crawford Correspondence (Robert Clarke & Co., Cincinnati, 1877), p. 56.328 The Estate of George Washington, Deceased relative to your Round Bottom tract of land. I can never find out what was done about it, whether Thomas Lewis has returned it or not. If you can give me any direction about it, I will do anything in my power for you. The survey ought to be returned to the office if it has not been. This I will have done, if it has not been returned as I can have it done immediately.” Washington was too busy trying to induce Rochambeau to join him in that campaign against New York which later sud- denly became the campaign against Yorktown, to give his lands attention and nothing was done. In May, 1782, Colonel Crawford was captured by the Indians in Ohio and most cruelly put to death by torture. Not until October 30, 1784, did the State of Virginia issue its patent to George Washington, granting the Round Bottom. It described the tract as containing five hundred and eighty-seven acres as certified by the surveyor in 1774. Thus matters stood for nearly fourteen years when on July 2, 1798, his neighbor Archibald McClean of Alexandria, wrote him “to know if you are inclined to dispose of the tract (called I think Round Bottom) before mentioned. If you are, please inform me of your terms & whether you would be willing to take in exchange for it improved property in the town of Alex- andria.” ° Washington replied on July 4th, “I am not indisposed to part with my small tract (587 acres) . . . nor to receiving im- proved property in the town of Alexandria in exchange for it.” 2° There were several more letters and some delay about consulting a partner of McClean’s, and then on August 6, 1798, Washington delivered to McClean the following: MEMORANDUM A tract of Five hundred and eighty acres, as by Patent, bear- ing date the 30th day of Oct. 1784, lying on the Ohio River in EHemcountysOlj: -%).. 0. 5.05. formerly Augusta, is valued at five thousand eight hundred and seventy dollars — be the quan- tity more or less. It may be taken now at that quantity — or 9L. C., W. Mss., Vol. 289, Doc. 38597. 10 [bid., Doc. 38621.Of the Ohio River and Great Kanawha 329 now be determined to abide by the quantity that shall be found therein if resurveyed. This tract George Washington agrees to lease to Archibald Mc@lean’ for, the term) of{ sss years, the rent is to be equivalent to the interest of the above mentioned sum of $5,870, at 6 pr. cent pr. annum the first of which is to become due & payable on the first day of Jany. 1800. It is optional in the said Archibald McClean to become the proprietor in fee of the said tract of 587 acres within seven years from the time of granting the lease; he, the said Archibald paying therefor the above sum of $5,870. in installments of not less than $2 or $3,000 dolls., at a payment. The year succeding the payment of each installment the rent is to be reduced in proportion to the interest of the said install- ment so paid. If the said Archibald McClean sh’d incline to let the improved lot on which he lives in the town of Alexandria go in part pay- ment, the said George Washington agrees to allow him for the same whatever three disinterested men shall value it at, each of the parties to choose one of the valuers & the two chosen to make the choice of the third. The rents until the Fee simple departs from the said George Washington or his heirs to the said Archibald McClean or his heirs are to be satisfactorily secured by the latter to the former. If McClean is disposed to make an absolute purchase of the land in preference to obtaining it on lease in the manner afore- said, and will let his improved property in Alexandria go in payment — valued as above—a Deed may be drawn accord- ingly to convey the estate in Fee — and for securing the balance at a period to be fixed, or by installments as can be agreed upon, with annual interest until paid of six pr. ct. pr. ann., a mortgage will be taken of the land so conveyed in fee. This would be the easiest and simplest mode of completing the business . . . other security than what is mentioned above ; whereas securing the rents may be attended with more difficulty while the fee simple is withheld — But I am equally ready to execute writings to either effect, I am willing to allow the full value for your property in the judgment of disinterested men although I have set too low a price on my land in the opinion of330 The Estate of George Washington, Deceased a very judicious gentleman (well acquainted with the land) whom I have seen since I concluded to bargain with you. Go. WasHINGTON. ** Mount Vernon 6th Augt. 1798. Two days later Washington and his wife joined in a warranty deed to McClean conveying the Round Bottom, describing it by metes and bounds as shown by his patent. McClean went into possession of the Round Bottom and found that instead of 587 acres for which he was paying, he had actually within the lines of the survey 1,293 acres of the richest land on the Ohio. Later “ young Tomlinson” and a younger Michael Cresap disputed his possession, claiming four hundred acres of the survey, and after 1810 actually held it for several years until McClean drove them out. Meanwhile they had brought an eject- ment suit against McClean on the technical ground that Wash- ington’s grant recited that his survey was made before he had received a warrant from the State for that purpose, and they had won in the Superior Court of Ohio County at Clarksburg (now in West Virginia). The effect of this victory was to invalidate the Washington- McClean title and give Tomlinson and Cresap part of the land and leave the remainder open to any new claim that might be based on a state warrant. In the papers of the late Justice Joseph Story, of the Supreme Court of the United States, preserved in the Massa- chusetts Historical Society at Boston, there is a printed circular signed by Bushrod Washington and Lawrence Lewis, the active executors, which continues the story. Circular to the legatees of G. Washington March 10th 1807 Gentlemen: Genl. Washington in his life time sold to Arch. McLain what was called the round bottom tract on the Ohio, as containing 11 The original is on file in the suit of Cresap vs. McClean, in Chancery, in the Circuit Court of Ohio County, at Clarksburg, West Virginia, here- inafter referred to.Of the Ohio River and Great Kanawha 331 587 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 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. If this be the ground, and the opinion is sanctioned in the Court of Appeals where the cause now is depending, the objection will go to the whole tract and not merely to the part claimed by Tomlinson. There appear to be other objections made to the General’s title, of which we can’t so well form an opinion from a mere view of the record. Should the objection to our title be sustained, the estate of Genl. Washington must remunerate McLain in damages which will be a serious matter on two accounts — Ist that the land is supposed to be worth much more than what he gave for it, and 2dly, that the Jury find the quantity to be upwards of 1,200 acres instead of 587 as sold for, and the sale is not for this quantity more or less, but by metes and bounds. In the event of an unfavorable issue to this business, it is diffi- cult to say what may be the amt. of damages which McLain may recover. It is therefore our decided opinion that it wd. be best to compromise with him as soon as possible, by taking back the round bottom under the cloud which at present hangs over the title, and paying him such a sum as we can get him to be satis- fied with. This step however, we cannot take without the consent & authority of the legatees. We therefore request an immediate answer to this letter, either authorising us to act in the business according to the best of our Judgment, or refusing your consent thereto. We shall do nothing more in the business than sound McLain, until all the answers of the legatees are received. We are Gentn. respectfully yr. mo. ob. Servt. Busu. WasHINGTON Law. Lewis. P. S. As it would be a hardship for the Majority of the legatees to be prevented by the dissent of a few from making a compromise which they may deem beneficial to them, we propose to any dissenting legatee, should such there be, to consent to be bound by the agreement of a Majority or if he pleases, of two thirds, and that he should say so in his letter.332 The Estate of George Washington, Deceased There does not appear to have been any compromise with McClean, but from the executors’ accounts showing payments of attorney’s fees to their counsel in the subsequent litigation of the controversy between McClean and his adversaries, we know that the executors fought the claim to the end. The first result was that the Court of Appeals on October 8, 1811, reversed the judgment of the court below and sent the case back for a new trial on the ground that the facts found in the special verdict of the jury were not sufficiently explicit, particu- larly in not finding whether or not the terms of the Washington patent “‘ comprehended within the boundaries thereof those of the land in controversy.” This case was not reported in the printed decisions of the court but appears from a later one. In McClean vs. Tomlinson, 5 Mumford (Virginia Court of Ap- peals reports), p. 221, we find that ‘* Another trial was had, and a special verdict found, agreeing in substance with the former, except that it finds in express terms that, the Grant to George Washington includes the whole of the land in dispute. It also finds that the dates of the warrants and survey are truly recited in the grant to Washington; that on the 14th of July 1778, the surveyor of West Augusta made a private survey, and that, after the 17th of May 1774, the date of the latest warrant, George Washington procured him to make out the plat and certificate of Survey on which the grant was issued.” On these findings the Ohio County Superior Court again found the law against McClean and he again appealed. Mr. Wickham appeared for the appellant (and the Washing- ton estate) at Richmond and Mr. Doddridge for the claimants. Many ancient cases were cited upon the argument, and much argument spent in analyzing the situation which had resulted from the fact that the governor’s council had first by resolution authorized the location of claims, and subsequently the legis- lature authorized the issue of land warrants to legalize the survey of such locations, to be followed by patents. On Tuesday, November 19, 1816, the Court of Appeals by itsOf the Ohio River and Great Kanawha 333 president announced the opinion of the court that the judgment below should be reversed, “the law arising upon the special verdict being for the appellant and that the appellee take nothing ”’, etc. No further reasons are given, but the reporter in his head notes to the case concludes that the case was decisive of these points: 1.— That a patent is not void on the ground that the survey was made first and the warrant was obtained afterwards, though such irregularity appeared on its face. 2.— An omission to insert the name of the County in which the land lies is not sufficient to vitiate a Patent; the place being described with reasonable certainty. Upon the point strongly urged on the argument that only the State could take advantage of the mistake, if it be one, no opinion was expressed by either the court or the reporter. This ought to have been the end of McClean’s troubles but land claims are notoriously long lived. In 1823 Michael Cresap (the younger) filed his Bill in Chancery in the Superior Court of Ohio County against McClean and Roberts, claiming that his father had settled on the Round Bottom in 1770 next to Tomlinson, before Colonel Crawford came to survey the land, and that Gen- eral Washington had full notice of Cresap’s prior settlement, that he procured the survey to be made by metes and bounds that included the whole of the Round Bottom, but not being able to procure military rights for more than 587 acres, he procured the plat and certificate of the survey to be made and returned ac- cording to the original lines of survey, describing them as con- taining only 587 acres, whereas in fact they contained 1,293 acres; that Crawford’s survey was, in truth, only a private survey, that it was postdated, that it was made with full knowl- edge of Cresap’s prior settlement upon the land . . . and that the whole proceeding was fraudulent and void against Cresap’s heirs, who had obtained a grant of 400 acres on a survey made in 1784 and patented in 1791, which the younger Cresap had now acquired. ‘These astounding charges brought on the final battle. McClean, in his answer, showed that Washington believed in — 4334 The Estate of George Washington, Deceased 1798 that there were but 587 acres and so sold the tract (as the memorandum on page 328 conclusively proves). He denied all fraudulent intent, though he admitted 1,293 acres lay within the boundaries, and he claimed that only the commonwealth could deprive him of the excess, that no individual was entitled to avail himself of the objection to his private advantage. He did not admit that Cresap the elder ever made any settlement before Crawford’s survey or that McClean had notice of any claim until after his purchase and possession taken, and then he relied on the great length of time, more than twenty years, as a bar to the equity of the plaintiff’s claim. This time McClean prevailed in the lower court and there is to-day a persistent tradition that Chief Justice Henry St. George Tucker of the Court of Appeals, sitting at circuit in Ohio County to determine the cause, dismissed it with the remark that “no man who charged General Washington with fraud had any stand- ing in a court of equity.” Cresap, however, was not satisfied and appealed from the decree. The case is reported as Cresap vs. McClean, 5 Leigh 381, wherein the Court of Appeals (the Chief Justice, Tucker, took no part) held that the Washington patent was valid and that twenty years’ adversary possession of which the claimant had notice barred even an alleged equitable claim. Tomlinson, the claimant in the former suit, appeared as the star witness in this to prove by his testimony that the elder Cresap had settled on the land before Crawford’s survey, but he made the mistake of swearing that it was in 1772, while Craw- ford’s survey was made in 1771. It also appeared that in 1781 Tomlinson and the Cresap family had made an agreement, which continued in force until shortly before he testified in 1823, that the title to Round Bottom should be prosecuted at their joint expense and for their joint benefit. Thus in April, 1834, was given peace to the claim which Wash- ington made in October, 1770, and which either a very high spring flood or the excess of Crawford’s zeal caused to be expressed in the figures 587 instead of 1,293. The claim of Cresap that Wash-Of the Ohio River and Great Kanawha 335 ington had insufficient military claims was silly; he had claims to more than thirty-three thousand acres, and the Round Bottom was the first survey made under them. Archibald McClean conveyed to the acting executors of Wash- ington by his deed dated August 19, 1813, but not recorded until May 18, 1819, in Book I (2), page 63 of the United States Cir- cuit Court at Alexandria, a lot on the east side of Water Street in Alexandria, just south of Wolfe Street, bounded as follows: “ Beginning upon Water Street 97 feet to the Southward of Wolfe Street and running thence Southwardly on Wolfe Street and binding thereon 24 feet thence east with a line parallel to Water Street 120 feet to Potomac Street, thence Northerly 24 feet and then in a straight line to beginning.” The premises are now known as Numbers 410 and 412 Lee Street, the name of Water Street having been changed. On Potomac Street the numbers are 411 and 413. There are two small two-story brick buildings on the lot, one on each street. That on Potomac Street is evidently more than one hundred years old and very dilapidated, that on Lee Street is of more recent i! date, but also decrepit. Both are occupied by a poor class of white | tenants and the present value is well under five thousand dollars. To whom the executors sold the property and for what price THE TRACTS ON THE OHIO AND GREAT KANAWHA neither their accounts nor the records disclose. | RIVERS WHICH WERE DIVIDED i The remaining eight of the nine tracts on the Western Waters of Virginia, which the legatees determined to divide in their agree- ment of July 19, 1802, Washington had scheduled together with the Round Bottom tract as follows: Ohio River acres Dollars Round Bottom 587 Little Kanhawa 2,314 16 miles lower down 2,448 Opposite Big Bent 4,395 9,744 —10— 97,440 (i)336 The Estate of George Washington, Deceased Great Kanhawa acres Dollars Near the mouth west 10,990 East side above 7,276 Mouth of Cole River 2,000 Opposite thereto 2,950 Burning Spring 125 23,841 200,000 (k) (1) These several Tracts of land are of the first quality on the Ohio River in the parts where they are situated; — being almost, if not altogether, River bottoms. ‘The smallest of these Tracts is actually sold at ten dollars an acre, but the consideration there- for, not received, the rest are equally valuable and will sell as high especially that which lyes just below the little Kanhawa and is opposite to a thick settlement on the west side of the River. The four tracts have an aggregate breadth upon the River of Sixteen miles and is bounded thereby that distance. (k) These tracts are situated on the Great Kanhawa River and the first four are bounded thereby for more than forty miles. It is acknowledged by all who have seen them (and of the tract containing 10,990 acres which I have been on myself, I can assert) that there is no richer, or more valuable tract in all that Region. ‘They are conditionally sold for the sum mentioned in the schedule — that is $200,000 and if the terms of that sale are not complied with, they will command considerably more.— The tract of which the 125 acres is a moiety, was taken up by General Andrew Lewis and myself for and on account of a bituminous Spring which it contains, of so inflammable a nature as to burn as freely as spirits and is nearly as difficult to extinguish. The twenty-three thousand acres on the Great Kanawha River had been placed under lease and option to purchase to James Welch and we have seen the story of his failure to make good on either in Chapter X. The remaining lands were free of complications. The executors, soon after the agreement of July, 1802, em- ployed a surveyor to survey and plat the lands, dividing them into equal lots, size and value considered as nearly as might be,Of the Ohio River and Great Kanawha 337 giving to each legatee or group of legatees according to the will one twenty-third of the whole. The original plats and deed of the partition which followed in 1805 have been lost and also the record thereof in the General Court at Richmond, Virginia, which was destroyed by fire in April, 1865. It was, however, the good fortune of the writer to receive at Charleston Court House (West Virginia) a suggestion which led him to Lewisburg, Greenbrier County, and in the moun- tain valley courthouse there he found a certified copy by the clerk of the General Court, of the plats and deed of partition. Not only that, but further, a record of that copy in the decree of the Circuit Court (formerly the Superior Court) in the Chancery suit of Lawrence A. Washington against Bushrod Washington and others begun in 1816. This suit involved the title to the Burning Spring tract and was brought by Lawrence to vest the title to it in him. He claimed that the tract was assigned to him in the partition to- gether with another tract farther down the river, but by accident or mistake it was omitted from the deed of partition. The defendants were all the legatees and executors of Wash- ington and in the course of two or three years they were all sum- moned. They made no defense. There was introduced in evidence a copy of the patent from Thomas Jefferson as Governor of Virginia to George Washington and Andrew Lewis, dated July 14, 1780, granting “ for military services . . . according to the terms of the King of Great Britain’s proclamation of one thou- sand seven hundred and sixty-three, two hundred and fifty acres by surveys bearing date the twenty-sixth day of May 1775 lying and being in the County of Greenbrier on the East side of the Great Kanawha, including the burning Springs and bounded as follows to wit, . . .” This was supported by a printed copy of the will of Washington, the certified copy of the deed and plats of partition and the deposition of Bushrod Washington, sworn to before his co-executor Lawrence Lewis as a Justice of the Peace for the County of Fairfax on the 31st day of July, 1818, in which he testified: some338 The Estate of George Washington, Deceased that he is one of the executors of Genl. George Washington dec’d, and in that capacity he together with the other executors did sometime previous to the 5th of June 1805 cause the lands belonging to their Testator lying in the Western parts of Vir- ginia to be surveyed & divided as equally as might be into twenty- three parts, for the purpose of partition among the devisees of the said Genl. Washington. On the said 5th day of June 1805 the said devisees met at Alexandria and made partition of the lands by Lot according to the plats thereof and to an agreement annexed thereto which was afterwards recorded in the General Court. This deponent states that the burning Spring tract which be- longed to the said Genl. Washington & to Col. Lewis as tenants in common was not surveyed or included in the different Platts on which the division was made; but it was agreed amongst the said devisees that the part held by Genl. Washington in this tract should be added to Lot No. 19, containing 3,110 acres which was represented to be of inferior quality by the surveyor, in order to make that lot as nearly equal as possible to the other lots. This agreement by some oversight was not inserted in the above written instrument or partition deed, but the same was perfectly under- stood by all parties to it. This deponent further says that the above Lot No. 19 to- gether with the part of the Burning Spring tract which belonged to Genl. Washington’s Estate were drawn by Lawrence A. Wash- ington, one of the Devisees; This deponent finds by a Memoran- dum taken by him at the time, that on the 23rd of August 1805, he, this deponent sent by Andrew Parks to the said Lawrence A. Washington a copy of the Patent for Burning Spring tract of land considering the said Lawrence A. Washington as the owner of a moiety thereof in virtue of the above partition, & further this deponent says not. This testimony carried conviction and thereupon in November, 1819, the court decreed the Burning Spring and Washington’s half of the two hundred and fifty acre tract containing it to be equitably the property of Lawrence A. Washington. It directed the defendants to convey the same to him and that in case they failed to do so Andrew Parks, one of the defendants, as com- missioner of the court, should make the deed for them. The certified copy of the Washington heirs’ deed of partitionOf the Ohio River and Great Kanawha 339 and its voluminous plats is still in the files of the court in this case, and it is also recorded in the complete record of the case made up when the decree was entered in the Chancery record of 1819. From this a certified copy was obtained by the writer and, as it tells the story of the partition tersely and completely, is given place here. To all whom it may concern, Be it remembered that the under- written persons claiming as legatees under the Will of General George Washington decd.— having agreed to Divide all the lands of the said decedent lying on the western waters except those Tracts on the west side of the Ohio and those in Kentucky which said lands so agreed to be divided have been surveyed and specially divided into twenty-three parts according to quantity and quality which said survey and Division the under named do hereby ratify and confirm: and whereas the under named acting for themselves or as Guardians for other legatees or by virtue of power granted by absent legatees have drawn lotts for the respective tracts so surveyed and divided and upon examining the same they are found respectively to be entitled to the Tracts of land herein under mentioned, NOW KNOW YE that the under- signed do severally and respectively for ourselves our executors and administrators hereby ratify and confirm the said division and allottment and do bind ourselves our heirs executors and administrators to execute and perform any act which may be necessary for confirming the division hereby made. It is per- fectly understood that the numbers prefixed to each name re- spectively refers to the tract of land in the annexed surveys to which such person is entitled under this division. In witness whereof we have hereunto set our hands and affixed our seals this 5th day of June 1805. Acres. NUMBER 1— Charles Carter,— 1,186 2 — George Steptoe Washington,— 1,186 ss 3 — Thomas Peter,— 1,425 oe 4 — Mrs. Ann Ashton’s heirs,— 1,425 cc 5 — Andrew Parks,— 1,400 sé 6 — Mrs. Eliza. Law,— 1,100 ss 7 — George Lewis,— 1,300 5S 8 — Fielding Lewis’ heirs,— 1,300 cs 9 — Washington, Lewis & Custis,— 1,200 10 — Lawrence Lewis,— 1,207| | | j | 340 The Estate of George Washington, Deceased Acres. NUMBER 11 — William A. Washington, (for self) ,— 1,202 $ 12 — George A. Washington heirs, by Burwell Bassett his Guardian,— 1,180 as 13 — William A. Washington for children,— 1,160 ss 14 — Colo. John Thornton,— 1,100 pl 15 — Robert Lewis,— 1,100 ss 16 — Thornton Washington’s heirs by Lawrence Washington Exor.,— 1,100 HE Subfcriber haying obtained Patents for upwards of TWENTY THOUSAND Acres of LAND n | on the Objo and Great Kanhawa (Ten Thousand of / —_ in luxuriance of foil, or convenience of fituation, all of | them lying upon the banks either of the Ojo or. Kan- bawa, and abounding with fine fifh and wild fowl of various kinds, as alfo in moft excellent meadows, many of which (by the bountiful hand of nature) are, in their prefent ftate, almoft fit for the fcythe. From every part of thefe lands water carriage is now had to Fort Pitt, by an eafy communication ; and from Fort 5 | Pitt, up the Monongahela, to Redflone, yeflels of con- y | venient burthen, may. and do pafs continually; from whence, by means of Cheat River, and other navigable branches of the Monongahela, it is thought the portage | g , g } | to Potowrack may, and will, be reduced within the d compafs of a few miles, to the great eafe and convenience | | of the fettlers in tranfporti ng the pr oduce of. their lands | Ee eS wWakketle To which say be added, trie as ; * . have: now aétually pafled «he feals for the feveral rratls \ ff | here offered to be leafed, fettlers on them may cultivate and enjoy the lands in peace and fafety, notwithftanding Y the unfettled counfels refpeéting a ay colony on the Ohio; and as no'right money is to be paid for thefe lands, and gquitrent of two fillings felt a hundred, bs | demandable fome years hence only, it is highly pre- tir | famable that they will always be held upon a more {i)- , defirable footing-than where both thefe are laid on with { eq | avery heavy hand. And it may not be amifs further to em obferve, that if the fcheme for ef tablishing a new govern- lo | ment on the O//o, in the manner talked of, ee ever \ ye be affected, thefe muft be among.the moft valuable lands ) { in it, not only on account of the goodnefs of foil, and \ Yies | the other advantages above enumerated, but from their | ys | contiguity to the feat of government, which more than | Kanhawa. GEORGE WASHINGTON, probable will be fixed at the mouth of the Great “TERS deft at M of L.E T WASHINGTON S ADVERTISEMENT OF THE OHIO RIVER AND THE GREAT KANAWHA RIVER LANDS| | } | | |Of the Ohio River and Great Kanawha 343 tentions before the 1st of October next, in order that a sufficient number of lots may be laid off to answer the demand. As these lands are among the first which have been surveyed in the part of the country they lie in, it is almost needless to premise that none can exceed them in luxuriance of soil, or con- venience of situation, all of them lying upon the banks either of the Ohio or Kanhawa, and abounding with fine fish and wild fowl of various kinds, as also in most excellent meadows, many of which (by the bountiful hand of nature) are, in their present state, almost fit for the scythe. From every part of these lands water carriage is now had to Fort Pitt, by an easy communica- tion; and from Fort Pitt, up the Monongahela, to Redstone, vessels of convenient burthen, may and do pass continually; from whence, by means of Cheat River, and other navigable branches of the Monongahela, it is thought the portage to Potowmack may, and will, be reduced within the compass of a few miles, to the great ease and convenience of the settlers in transporting the produce of their lands to market. To which may be added, that as patents have now actually passed the seals for the several tracts here offered to be leased, settlers on them may cultivate and enjoy the lands in peace and safety, notwithstanding the unsettled counsels respecting a new colony on the Ohio; and as no right money is to be paid for these lands, and quitrent of two shillmgs sterling a hundred, demandable some years hence only, it is highly presumable that they will always be held upon a more desirable footing than where both these are laid on with a very heavy hand. And it may not be amiss further to observe, that if the scheme for establishing a new government on the Ohio, in the manner talked of, should ever be affected, these must be among the most valuable lands in it, not only on account of the goodness of soil, and the other advantages above enumerated, but from their contiguity to the seat of government, which more than prob- able will be fixed at the mouth of the Great Kanhawa. Grorce WaAsHINGTON. The advertisement was without results and Washington in- creased instead of lessening his holdings on the Great Kanawha and then, because of the Revolution, it was not until the summer of 1784 that he was able to give this investment further atten- tion. In that year, however, he took steps to perfect his title to the two tracts on the Ohio nearest the Great Kanawha and patents for these to him, signed by Benjamin Harrison as Goy-344 The Estate of George Washington, Deceased ernor of Virginia, are among the archives in the Library of Con- gress, dated July 6, 1784. He also intended to inspect them again in the tour he made to the Ohio country in September, 1784, but on the advice of Captain Luckett, the commandant of Fort Pitt, and others, he says, “ I resolved to decline it ” because “of the late Murders and general dissatisfaction of the Indians occasioned by the attempt of our people to settle on the No. West side of the Ohio.” ** His return to Mount Vernon on October 4th he noted thus: And tho’ I was disappointed in one of the objects which induced me to undertake this journey namely to examine into the situation quality and advantages of the Land which I hold upon the Ohio and Great Kanhawa and to take measures for rescuing them from the hands of Land Jobbers and Speculators — who I had been informed regardless of my legal & Equitable right, Patents &c. had enclosed them with other Surveys & were offering them for Sale at Philadelphia and in Europe. I say notwithstanding this disappointment I am well pleased with my journey, as it has been the means of my obtaining a knowledge of facts,— coming at the temper & disposition of the Western Inhabitants and mak- ing reflections thereon, which, otherwise, must have been as wild, incohert, or perhaps as foreign from the truth as the incon- sistency of the reports which I had received even from those to whom most credit seemed due, generally were. And then he proceeded to initiate that movement in Virginia and Maryland which immediately resulted in the Potomac Com- pany and the James River Company for the improvement of those rivers as highways to the Ohio country, but equally resulted within five years in the Constitution of the United States and his own election to the presidency. It was, therefore, not till ten years later that he again be- thought him of his Ohio and Kanawha lands and we find him writing on May 6, 1794, to his secretary, Tobias Lear,** who had 13 A. B. Hulbert, “ Washington and the West”, pp. 44 and 46. “ Diary of 1784”, Fitzpatrick, 2, 290, 291. 14 Sparks, X, 408. Ford, 12, 370, 424.Of the Ohio River and Great Kanawha 345 gone to England in the interest of the Potomac Company, that he desired to rent his Mount Vernon farms and wished to sell his Pennsylvania and Ohio River and Great Kanawha River lands because of the unproductiveness of his estate, and to reduce and concentrate his holdings.*© Soon afterwards on June 16, 1794, he authorized by letter his friend, James Ross, the senator from western Pennsylvania, to sell the Pennsylvania tracts and informs him that he has determined also to sell the lands on the Ohio and Kanawha rivers at $34 per acre.*® From that time on until his death, a little more than five years later, much correspondence but no tangible results came out of these lands. The arrival of James Welch in 1798 with his scheme for settling emigrants upon them, as we have seen, was a great temptation. The price had risen to ten dollars per acre in less than five years, and had produced the belief that it was going higher still. It was because of this that he urged his executors not to hasten sales of land, “ experience having fully evinced, that the price of land (especially above the Falls of the Rivers and on the Western Waters) have been progressively rising and cannot be long checked in its increasing value.” 7” The history of these lands after their partition among the legatees would fill volumes. The younger men among them and the sons and daughters of the older ones ventured out into the wilds in the early years of the nineteenth century and experi- mented in salt wells and farming in these great valleys and to this day their descendants are to be found thereabouts among the best families on both sides of the Ohio. Dozens of towns and villages have sprung up and railroads skirt the streams, until now the lands Washington selected, saved and firmly believed in represent “ riches beyond the dreams of avarice”, and have be- come part of one of the most remarkable industrial districts on the globe, in the short period of a century. 15 Ford, 10, 403, note. 16 L. C., W. Mss. 17 “Last Will,” p. 26.346 The Estate of George Washington, Deceased THE BURNING SPRING TRACT The Burning Spring deserves a few words in addition. It is (or rather was, for it no longer burns) situated near the north bank of the Great Kanawha River just beyond the little town of Levi, on the Kanawha and Michigan Railroad a few miles east of Charleston, W. Va. The two hundred and fifty acres which Washington and General Andrew Lewis located there and held as joint tenants under patent from Thomas Jefferson, is a long narrow bottom. The suburbs of Charleston extend nearly to it and factories line the banks of the stream until within a mile. 6 The land is farmed and a mountain “ run ” tumbles through it into the river, which is forty feet below the bank. A century-old red-brick house is on the land near the spring. The truck gardener who inhabits it cultivates about thirty acres > crops of beans, onions and cabbages. there and raises “ bumper ’ The remainder of the tract is divided into small farms and the railroad runs alongside at the foot of the high, precipitous hills which form the back line. For farming purposes the land is worth about one hundred and fifty dollars per acre, but it is coming rapidly into demand for town and factory sites, which sell at one thousand dollars per acre just below. The Burning Spring no longer burns, though it still furnishes good and abundant water. The story is that about forty years ago, prospectors for gas sank two wells somewhat lower down the stream than the Burning Spring, and at the depth of eighty feet 6 one of them struck a “ pocket ” of gas which blew out the der- rick and pumps with a loud explosion. The gas flowed freely for a while but was soon followed by water from an underground stream and that ended the gas. The Burning Spring, which had been the wonder of the neighborhood and the Indians, who had perhaps worshiped it for ages, ceased to burn at the same time. But there is another monument of the Burning Spring which gives us satisfaction. Recorded in the office of the county clerk of Kanawha County at Charleston on September 14, 1820, in Deed Book E, page 321, is a long, carefully drawn deed fromOf the Ohio River and Great Kanawha 347 Lawrence Augustine Washington and wife of Ohio County, Vir- ginia, to “ Thomas Lewis, Andrew Lewis, Willm. Lewis, Evans Lewis & Samuel Lewis, the first four of whom are of the County of Mason of the said Commonwealth, and the last of the State of Ohio, and who are the sons of the late Thomas Lewis, of the second part and John Reynolds and Aaron Stockton, of the County of Kanawha in said Commonwealth of the third part.” It recites that Generals Washington and Andrew Lewis by patent dated July 14, 1784, acquired as joint tenants the Burn- ing Spring Tract represented as two hundred and fifty acres “but found by a recent survey to contain about four hundred acres.” That General Lewis died before the act was passed by the legislature of Virginia, abolishing the right of the survivor in joint tenancy to claim the whole of the land so held, and that thereby Washington became entitled to the entire tract. That under his will Lawrence Augustine Washington acquired Wash- ington’s interest. That Thomas Lewis, son of General Lewis, ac- quired as he thought all of his father’s share, partly under the latter’s will and partly by purchase from his brothers and there- upon sold in good faith a part of it to John Morris, and he in turn sold this to Aaron Stockton and John Reynolds. The deed continues : On full consideration of all of which facts and circumstances, the said Lawrence Augustine Washington and Mary Dorcas his wife regard the law of Survivorship unjust in its operation, think that the descendants of Genl. Andrew Lewis and those claiming under them ought to inherit and hold the part of the Burning Spring Tract which he owned while alive & as far as they have the power to remedy the defect and injustice of the laws in rela- tion to joint Tenancy, as they existed at the death of Genl. Andrew Lewis, they feel disposed to do so, and from all the testi- mony they have been able to procure they believe that the parties of the second part, sons of the late Colonel Thomas Lewis as to that part of the upper division not sold by him in his lifetime to John Morris, and the said Andrew Stockton and John Reynolds, as to the one hundred and twenty-five acres sold to John Morris as aforesaid have the fairest claims on them for the boon they mean to grant to the descendants of Genl. Andrew Lewis and348 The Estate of George Washington, Deceased those claiming under them; in furtherance of this determination the said Lawrence Augustine Washington caused the said tract of land to be divided into two parts (describing them) and for the purpose of satisfying himself of the equality and justice of a division of the said tract of lands by annexing one of the two burning springs to each half of the land . . . caused the said tracts to be examined by Joel Shrewsburg and Leonard Morris whose certificate bearing date 17th June in the year 1820 ascer- tains that in their opinion . . . such division is fairly equal, Now therefore said Lawrence A. Washington and wife, convey, without receiving or expecting any remuneration therefor, to the respective parties of the second and third parts the parts as- signed to them for the sole reason that they are thereby doing an act of justice and equity.Chapter XXVIII OF THE EXECUTORS’ ACCOUNTS Tue collection of the personal assets and the disposition of the real estate of Washington’s estate has now been followed out and described in so far as changed conditions and defective records have permitted, and it remains only to show how the executors reported their proceedings to the courts in their accounting. These accounts are voluminous and were made to two courts. The first was the County Court of Fairfax County, and in this the usual form of accounts to a probate court was followed. They carried the business of the estate from Washington’s death in December, 1799, to the thirty-first day of December, 1819, just twenty years. The second was the Circuit Court of the United States in and for Alexandria County in the District of Columbia, in the so- called “ Friendly Suit ”, entitled “ Lawrence A. Washington et als vs. Bushrod Washington and Lawrence Lewis” begun May 26, 1823. The accounts in that suit began where the former ones left off, January 1, 1820, and were brought down to the death of Bushrod Washington in November, 1829, in his case, and to November 22, 1839, in the case of Lawrence Lewis, when he died. There were subsequent proceedings in the case which resulted in a statement of the affairs of the estate on May 26, 1845, and in May, 1847, a settlement was reached disposing of the litigation. IN THE COUNTY COURT As we saw in the chapter entitled “‘ Inventory ” the executors, after the will was proved, took no steps in the County Court for ten years. Then they were moved to act and at the same time that they returned the inventory and appraisement into court, Lawrence Lewis filed an account which showed his individual acts from January 1, 1800, to July, 1802.350 The Estate of George Washington, Deceased This was referred by the court to Alexander Moore, as com- missioner for examination and he reported, “I have carefully examined this account of Lawrence Lewis, one of the Executors, with the original vouchers produced to me, and find the same correctly stated. The Commission as charged, the Court’s com- missioner humbly conceives to be perfectly reasonable as the settlement of this estate is very complicated and unusually troublesome.” The court agreed with the commissioner and on August 20, 1810, allowed the account and ordered it to be recorded. Neither the account nor the vouchers remain in the files, but fortunately the record book into which the account was copied is preserved. It is Liber J, and the record begins at page 317. It appears that Mr. Lewis kept his account in pounds, shillings and pence and received the total sum of £5,308.9. 414 accord- ingly, while his disbursements were £5,994. 8. 314. These the commissioner translated into dollars and cents in the following summary, for the purpose of allowing the executor’s commission and striking a balance at the date of the last entry, to wit: Dr. The Estate of General Washington Deceased, in account with Lawrence Lewis, Executor. 1802 July 20 To amount brought forward £5,994. 8. 314 $19,981.37 5 per cent commission on $17,694 recd. 884.74 214 per cent commission on $19,981 paid 499.53 $21,365.64 Cr. 1802 Oct. 15 By amount brought forward £5,308. 9.414 $17,694.88 Balance due the Executor 3,670.76 $21,865.64Of the Ewecutors’ Accounts 351 The following year Bushrod Washington filed an account of his individual acts beginning August 1, 1802, and brought down to May 31, 1811, which was examined by Mr. Moore and on July 15, 1811, approved and ordered recorded by the court. (Liber J, No. 1, page 370.) This account exhibits receipts amounting to $5,829.94 and disbursements of $3,812.00, leaving $2,017.94 in hand to which the commissioner adds nine shares of Potomac Bank stock (par value $900) purchased for the estate. At the time of the approval of this account the commissioner stated and reported to the court a joint account of the acting executors beginning July 20, 1802, and ending June, 1811, wherein was shown the results of the “ family ” auction sales of real and personal estate, as well as the distribution of a dividend equal to $5,179.05 on each 443 share of the estate. The sales account approved at the same time showed $124,928.01, realized in that manner and the collections brought the total up to $163,030.82 including the balances still due from a majority of the legatees for the excess of their purchases over their dividends. In this account the commissioner also allowed the acting executors commissions as follows: To 5 per cent commission on $5,829.94 received by B. Washington $294.49 214 per cent commission on $3,811.53 paid by same 95.29 5 per cent commission on $137,124.17 received on the a/c 6,856.21 214 per cent commission on $138,457.04 paid on ditto 3,461.43 Amount of Commission $10,707.42 And, including this sum, there appeared the balance of $15,707.95 due the executors. The commissioner’s report appended to this account is:| | | ; | i | | | | 352 The Estate of George Washington, Deceased Pursuant to an order of the Worshipful Court of Fairfax County, I Alexander Moore the Commissioner named in the said order have settled the joint and separate accounts of Lawrence Lewis and Bushrod Washington Esquires, Acting executors of General George Washington, deceased, upon the following prin- ciples, First, an account of Lawrence Lewis while he acted in his individual capacity before any other qualified, which I heretofore reported to your Worshipful Court. Upon which account there is a balance due the executor of $3,670.76. Second. The ac- count of Bushrod Washington with the Estate for transactions of his own as executor whereby it appears he is indebted to the estate of $2,017.94 exclusive of nine shares in the Bank of Potomack Stock. Third. A general account current of the acting executors with the estate exhibiting a full view of their whole transactions upon which last account there is a balance due the executors of $15,707.95, including their commissions. In stating the general account current of the executors I have charged them with the full amount of all the public sales made viz: $124,928.01, Accounts of which are herewith returned to the Court, and credited them with such sums as have not been paid by the purchasers but particularly with the sum of $15,125.00 for purchases made of lands by the late Colo. Thomas Lee as Guardian of Corbin Washington’s children which pur- chase their present guardian did not think himself at liberty to confirm, whereby there is a suit now.depending in the high Court of Chancery of Virginia. Consequently this as well as other matters relative to the Estate remain open till a further settle- ment. I have carefully compared the charges made in the dif- ferent accounts with the vouchers and documents produced to me by the executors and find them all to be correctly stated. Respectfully submitted to the Court by ALEXANDER Moore Commissioner. Mount Vernon July Ist 1811 100 hours attendance 75 cts. per hour $75.00 A. Moore Comr. The claim of $15,125 against Corbin Washington’s children was, of course, secured by the estate known as Rock Hall and five hundred and fifty acres in Berkeley County and practically balanced the sum of $15,707.95, reported as due the executors.Of the Ewecutors’ Accounts 353 In 1820 the acting executors reported again to the County Court. Lawrence Lewis filed an individual account from July 12, 1806, to January, 1820, only the first three items of which preceded 1811, the date of the former accounting, and repre- sented small omitted items. The remainder of the account showed substantial transactions, chiefly concerning the taxes on western lands, the Rock Hall litigation and the care of the free Negroes, on the one side, and collections of various rents and sales on the other, but concluding with the charge of his share of the execu- tors’ commissions allowed in 1811 and interest thereon, to wit: $11,492.30, as well as these additional amounts: To 5 pr. ct. commission on $15,385.96 ree’d in this a/e $769.30 21% pr. ct. commission on $11,252.12 paid 281.30 which resulted in a total sum due the executor of $13,714.23 on balancing the account. At the end of twenty years the executor had not received any compensation. The commissioner Alexander Moore again approved the ac- count and stated, “ The Acting Executors Lawrence Lewis and Bushrod Washington have mutually agreed to divide the com- missions between themselves on all business they transact, except the commissions which accrued on Lawrence Lewis’ account with the Estate while he acted alone, which are considered exclusively his own.” On September 18, 1820, this account was approved by the court and ordered recorded (Liber M, No. 1, page 77). Bushrod Washington also filed his individual account at this time, covering the period from July 11, 1811, to January 1, 1820. It showed (including the balance he owed at the last account) receipts amounting to $20,462.22 and disbursements of $26,738.56, which included these: VY of $10,704.42 commissions due the acting execu- tors on the General acct. reported to the Court July Term 1811 $5,352.21; | | | ae 354 The Estate of George Washington, Deceased To 5 p. ct. commission of $16,066.28 rec’d on this account $ 803.21 214 p. ct. commission on $17,382.92 paid on do. 434.57 which made a total due on commissions — $6,589.99 while the net balance due the executor was $6,254.34. In other words this executor also had thus far worked without pay. The account showed, however, the careful investment of the proceeds of the estate in bank stock to raise the income necessary for the support of the free Negroes and the disbursement to the heirs of Corbin Washington for their share of the real estate which their later guardian had demanded in cash instead of ac- cepting the real estate agreed to by Colonel Thomas Lee on their behalf. The collections were the dividends on the bank stocks and the Dismal Swamp stock, which had been returned by General Lee in 1810 and proved the life saver of the estate. THE FRIENDLY SUIT The Corbin Washington difficulty having been solved by the sale of the Rock Hall estate, and the Archibald McClean suit at law about the Round Bottom being disposed of for the time being, the executors now sought to close the estate. They found them- selves confronted however with a long and tedious calculation of interest on each of the twenty-three accounts with the various individual and group legatees, because a majority of them had been overpaid in 1803 by being permitted to purchase property of the estate in excess of their distributive shares, while the minority had received less in property and cash than they were entitled to and hence were claiming interest on the balances due them. Then there was a question of a claim against Mildred Ham- mond’s estate, whose husband had accepted for her a mortgage from-one Burdet Ashton to the executors on account of her share, which however exceeded the amount due her and Hammond, , A. y iM pies Ly! Shee Ly ee) t tut. Wp. A Vad hv yi e; Jury 3. P23 AS we hope that the time isnot far distant when we shall be enabled to close our executorial duties, we fecl anxious to do so under such a sanction as to prevent all future disputes when we are gone, Ouraccounts to the Jast of the year 1819 have been settled, under orders of Fairfax Court and approved. ‘The only difficulty we apprehend, and wish to avoid, is, the settlement ofthe individual accounts of the legatees; and this difticulty consists, as we apprehend, principally in the mode of calculating the interest. To us, it is unimportant which rule is adupted, provided it is the legal one, and works uniformly ;—Ssuch too must be the wish of the legatees. But we can- not undertake to say what isthat rule, nor are we willing to hazard future responsibility by dis- tributing the assets recciyed, and to be received, according to what we might consider a just rule, but which might not hereafter be decided to be the legalonc. ‘There are but two modes by which our object can be attained ;—a reference of the accounts to arbitration, or asuit. ‘The former we should prefer, as most consonant with the injunction of our testator, if it were not attended by insu- perable difficulties, on account of the dispersed sifuation ofthe Jegatees, who, consequently, ; could scarcely be expected to agree upon the arbitrators. We therefore Propose that the lega- tees should concur in instituting an amicable suit in chancery against us, to which we will imme- diately file an answer, and obtain an order of reference tothe master, to adjust and report the pre- cise suin to which each legatec is entitled = y hich being done, we can proceed with safety to pay Such sums as fast as the money comes toourhands. We propose that the suit should be brought in the District of Columbia, partly as an indulgence to us, on account of the greater convenience of carrying there our books and papers, and appearing before the master: and partly , With aview to : accelerate the final settlement, which might be greatly delayed by the official duties of one of us, which seldom permits him to Jeave home, for any time, after he has returned from his cireuits.— This Court will, we conceive, be equally convenient to all thelegatees, and onthe score of learn- ing and integrity is above all exception. For the convenience of the legatees, and in order to pro- duce as much unanimity amongst them as possible, without which the plan we propose cannot be executed, we name the following lawyers practising at that bar, viz:—Mr. Thomas Swann, Mr. Robert I. Taylor, and Mr. Walter Jones, and select the latter to attend to the settlement on the part of the executors. We should cheerfully give you the choice of the three, if we supposed it probable that so many persons, scttled indifferent parts of this, and the adjoining states, would con cur in appointing any one or two of the number. We flatter ourselycs that t his proposition will be acceded to unanimously by the legatees, and that they will Ao justice tothe motives which lead us to make it. Unless some plan is proposed by us to them, it is most obvious that they, without meeting together, can never concur in any; and should this fail, few of us may live to see a final settlement of the estate of our testator, as we can- not pay away the remaining asscts, until we are assured that it is legally done. Should you concur inthe aboye proposition, be so good as to say so, and to write to us without delay. Youcan authorize us to put your answer into the hands of Mr. Swann, Mr. Taylor or any other lawyer except Mr. Jones, or you can write to such lawyer a separate letter if you please. We hope to receive answers from all the legatees in 4or 5 w ecks, and if the bill can be filed : this winter, a final decree may be had in the course of the next summer, which will be most des:- rable to us, and, as we should presume, tothe legatees. We are, Very respectfully, Your obedient servants, A b : JjJimh. Wy a1 friar G SFL > = of ae he tes CIRCULAR FROM WASHINGTON S EXECUTORS ABOUT A FRIENDLY SUIT TO SETTLE THEIR ACCOUNTS| | | | |Of the Ewecutors’ Accounts 355 had given his obligation to refund the surplus when collected on the mortgage. The mortgagor had defaulted and on foreclosure of the mort- gage far less than the sum due had been realized, and the ques- tions were who should stand the loss and must Hammond make it good to the executors or not. There were other questions also, and it was high time for a general settlement. We are indebted to the papers of the late Mr. Justice Joseph Story of the Supreme Court of the United States, who was Bush- rod Washington’s colleague for a quarter of a century and more, for the preservation of the document which evidences the next step of the executors, and hence we may reasonably infer that that great equity judge, whose textbooks are still the foundation of American Chancery practice, was consulted in the questions what should now be done and how. CIRCULAR. Robt. Beverly Esqr. Ext. Wm. A. Washington, decd. Jany. 3, 1823. Sir: As we hope that the time is not far distant when we shall be enabled to close our executorial duties we feel anxious to do so under such a sanction as to prevent all future disputes when we are gone. Our accounts to the last of the year 1819 have been settled, under orders of Fairfax Court and approved. The only difficulty we apprehend and wish to avoid is the settlement of the individual accounts of the legatees; and this difficulty consists as we apprehend, principally in the mode of calculating the in- terest. ‘To us it is unimportant which rule is adopted provided it is the legal one and works uniformly; such too must be the wish of the legatees. We cannot undertake to say what is that rule nor are we willing to hazard future responsibility by dis- tributing the assets received and to be received according to what we might consider a just rule, but which might not hereafter be decided to be the legal one. There are but two modes by which our object can be attained; a reference of the accounts to arbi- tration, or a suit. The former we should prefer as most con-356 The Estate of George Washington, Deceased sonant with the injunction of our testator; if it were not attended by insuperable difficulties, on account of the dispersed situation of the legatees who consequently would scarcely be expected to agree upon the arbitrators. We therefore propose that the legatees should concur in instituting an amicable suit in chancery against us; and obtain an order of reference to the master to adjust and report the precise sum to which each legatee is entitled; which having done, we can proceed with safety to pay such sums as fast as the money comes to our hands. We propose that the suit should be brought in the District of Columbia partly as an in- dulgence to us on account of the greater convenience of carrying our books and papers and appearing before the master; and partly with a view to accelerate the final settlement which might be greatly delayed by the official duties of one of us which seldom permits him to leave home, for any time, after he has returned from his circuits. This Court will, we conceive, be equally con- venient to all the legatees and on the score of learning and in- tegrity is above all exception. For the convenience of the legatees and in order to produce as much unanimity amongst them as possible, without which the plan we propose cannot be executed, we name the following lawyers practising at that bar viz: Mr. Thos. Swann, Mr. Robert I. Taylor, and Mr. Walter Jones, and select the latter to attend to the settlement on the part of the executors. We should cheerfully give you the choice of the three, if we supposed it probable that so many persons, settled in this part of this, and the adjoining states, would concur in appointing any one or two of the number. We flatter ourselves that this proposition will be acceded to unanimously by the legatees, and that they will do justice to the motives which lead us to make it. Unless some plan is proposed by us to them, it is most obvious that they without meeting to- gether, can never concur in any, and should this fail, few of us may live to see a final settlement of the estate of our testator, as we cannot pay away the remaining assets, until we are assured that it is legally done. Should you concur in the above proposition, be so good as to say so, and to write to us without delay. You can authorize us to put your answer into the hands of Mr. Swann, Mr. Taylor or any other lawyer except Mr. Jones or you can write to such lawyers a separate letter if you please. We hope to receive answers from all the legatees in four or five weeks and if the bill can be filed this winter, a final decree may be had in the course of the next summer, which will be mostOf the Ewecutors’ Accounts 357 desirable to us, and, as we should presume to the legatees. We are very respectfully — Your obedient servants Busy. WaAsHINGTON Lawes. Lewis? The desired answers to the circular were received promptly and in favor of the plan, although not without prodding perhaps.” The bill was filed accordingly on May 19, 1823, in the Circuit Court of the United States at Alexandria. None of the original papers in the case have been preserved and the court itself passed out of existence in 1846 when Congress retroceded that part of the District of Columbia south and west of the Potomac to the State of Virginia. The record books of the court passed into the possession of the clerk of the Circuit Court of the present Arlington County of Virginia (formerly Alexandria County) and are to be found in the courthouse at Rosslyn near Fort Meyer. Fortunately a complete copy of the files and orders was entered on the record book when the decree disposing of the case in 1826 was made. This is in Volume N, pp. 439 to 516. There was an appeal by the administrator of the deceased Mildred Hammond, taken to the Supreme Court of the United States with respect to that part of the decree which affected her share, and for the purposes of that appeal which we shall touch upon later another complete copy of the record was made and filed in the Supreme Court. Here it was printed for the use of the judges and lawyers and one printed copy is preserved with 1 Joseph Story papers, Massachusetts Historical Society, Boston. Another copy of this has recently appeared as part of the collection of Washing- toniana, presented to the Naval Academy at Annapolis by Richard T. Crane, Esq., of Chicago. 2The following postscript in Bushrod Washington’s handwriting to the circular in the Crane collection is addressed to Alexander Spottswood, Esq. “The above is a duplicate of our letter to you forwarded some months ago to which no answer has been received. As we shall lose six months unless the bill is signed during the present session of the court, we shall venture to insert your name in it, leaving you at liberty to direct it to be struck out if you decline joining in the suit. Please let us hear immediately from you. All the legatees who retain an interest in the estate and from whom we have secured answers concur cheerfully in the proposed plan.”| | ; { | | | { 358 The Estate of George Washington, Deceased the original manuscript, in the files. It covers one hundred octavo pages.° To return to the bill. Lawrence A. Washington and (pre- sumably) all the other surviving legatees and the heirs of those deceased were the complainants and Bushrod Washington and Lawrence Lewis the only defendants. Chief Justice Cranch, in his decision of the case, says the greater part of the bill was in Bushrod Washington’s handwriting.* Messrs. Thomas Swann and R. I. Taylor signed it as solicitors and counsel. The official title of the cause is: Lawrence A. Washington and others Legatees under the last will and Testament of the Late General George Washington of Mount Vernon and the Representatives of said Legatees, Complainants, against Bushrod Washington and Lawrence Lewis acting Executors of the last will of the said General George Washington, Defendants. The bill of complaint sets up the interest of the complainants in the estate, the terms of the will, the names of all the executors and the agreement that Bushrod Washington and Lawrence Lewis should have the entire management of the estate, which they undertook. That the lands on the western waters and parts of the personal property were divided and the remainder, except a small portion, was sold by the executors. That considerable payments have been made to the complain- ants by the executors but that a large sum remains undistributed, which the executors refuse to pay without the sanction of a court of equity by which the sums due each shall be ascertained as sug- gested by the circular letter. After setting up the deaths, marriages and assignments which have taken place since Washington’s death in the ranks of the legatees, the bill concludes with the prayer that the executors 3 File No. 1602, Case No. 12, January Term, 1843; and Vol. I, Records of 1843, Supreme Court of the United States. 4 Vol. 3, Cranch’s Circuit Court Reports, p. 977.Of the Ewecutors’ Accounts 359 may be required to answer under oath, may account for the real and personal property sold and unsold and that the amount which the complainants severally are entitled to may be ascer- tained and the defendants decreed to pay the same. On the same day that the bill was filed the defendants appeared in court by William Jones their solicitor, and filed their sworn answer admitting the allegations of the bill to be true and saying further: that except 373 acres in Nansemond County, a house and lot in Alexandria bought of Archibald McLean and a small tract of land conveyed to them by the assignee of John Gill, bankrupt, also one share in the Dismal Swamp Company, the real and per- sonal estate hath been sold by them but they charge that a great proportion of the real and personal estate so sold was purchased by said plaintiffs and defendants, as will appear by a statement thereof and by the accounts of these defendants exhibited as part of their answer. They admit that they have money and property still subject to distribution and then set up the difficulty respecting the ques- tion of interest on the indebtedness of the legatees to the execu- tors and vice versa. That their accounts to January 1, 1820, have been approved by the Fairfax County Court and that the payments and receipts since then are still to be settled and an account thereof is filed as part of this answer. They admit sending the circular letter and are willing to abide by the order of the court. By consent of all the parties the court on the same day re- ferred the cause to Alexander Moore as special auditor and commissioner, ‘‘ to take account of all such matters touching or relating to the execution of the last will and testament of General George Washington, deceased, in the bill or answer, or as either party shall produce, state accounts and ascertain just balances, together with an explanation thereof; also special or alternate statements as either party may suggest or he may deem proper to illustrate any matter in dispute, to take depositions on reasonable notice ”’, and the cause was set for hearing on bill and answer, re-| | | | | 360 The Estate of George Washington, Deceased ports and exceptions at the session of the court, November, 1823. There was nothing further done in court however until April 12, 1825, and then an order was entered directing Noblet Her- bert as commissioner to sell the one share of Dismal Swamp stock belonging to the estate. Alexander Moore, the commissioner of accounts had, however, been actively engaged in taking proofs in the case and stating the accounts of the parties, and on April 20, 1825, Bushrod Washington and Lawrence Lewis filed a cross- bill in the cause, praying leave to bring in additional parties whose existence has been ascertained since the filing of the origi- nal bill and whose presence in court is declared necessary “to a valid and final discharge or acquittance of the executors other- wise they will be continuously liable to be harrassed and vexed with successive claims at great loss and vexation.” On April 28, 1825, Mary Washington as widow and executrix of Lawrence A. Washington, deceased, the first-named com- plainant, filed a bill of revivor, alleging that while Alexander Moore, the special commissioner was engaged in taking the proofs in this case, said Lawrence died, leaving a will of which she is executrix and she prays that the suit may be revived and con- tinued in her name. On May 6, 1826, a decree was entered by the court against all parties who had been notified by publication, and by consent of all others, that the report of Alexander Moore, “ to which no exceptions have been filed except by Nancy N. Hammond, Ad- ministratrix of the estate of Thomas Hammond, deceased, is ratified and confirmed except as to the Hammond account.” It was therefore ordered adjudged and decreed that the execu- tors shall pay as follows: To Bushrod Washington Jr. and George C. Wash- ington, sons of Wm. A. Washington — $536.11 William Robinson 328.02 Fayette Ball admr. of Francis Peyton 1,131.40 Geo. F. Washington for self and as Executor of Maria Thornton 2,560.78 5 This fact is not in the “complete record”, but appears from the deed referred to in Chapter XXIV on that subject.Of the Ewecutors’ Accounts 361 Ellen Lewis Admx. of Howell Lewis $866.65 Charles Carter 146.98 George Carter & Thos. Peter, Trustees of Eliza. P. Custis 619.79 and that said Bushrod Washington and Lawrence Lewis be at liberty severally to retain out of said assets, after making the above payments the sums reported to be due them respectively. That there be paid to the executors as follows with interest from June 1, 1824: By Wm. L. McCarty Spottswood Executor of Alexander Spottswood deceased $1,028.83 Wm. Thornton Execr. of John Thornton 1,113.03 Hy Fitzhugh Exr. of Sarah Fitzhugh Extx of Nicholas Fitzhugh 28.17 Lucy Todd, late widow & Ex. of George Steptoe Washington 5,768.28 Mary D. Washington, Extx. of Lawrence A. Washington 408.01 Andrew Parkes 331.03 Samuel Washington 1,692.35 Robert Lewis 1,559.60 George W. P. Custis 705.36 John A. Washington and B. C. Washington 620.08 *%4 John A. & B. C. Washington as Exrs. of R. H. L. Washington 310.04% Thomas Peters 1,435.01 Robert Lewis Admr. of Fielding Lewis Wbsecl John J. A. Washington and Samuel Scholly Assignees of Saml. Washington 226.12 and that all costs be paid out of the estate of George Washington. That thereupon the executors do distribute the assets in their hands or which may hereafter come into their hands among the persons entitled thereto by the will of their testator and in the proportions therein directed, with leave to apply for further orders of the court. And it is further decreed and ordered that the said Bushrod Washington and Lawrence Lewis do retain in their hands as much362 The Estate of George Washington, Deceased of the bank stock purchased by them with the assets of the estate as may be sufficient to support the survivors of the free Negroes whom they have heretofore supported out of the assets of the said estate; and that they do sell the residue of the said bank stock at public or private sale, as they may think most to the advantage of all the parties concerned and do distribute the proceeds in the manner above mentioned. There was filed at this time and approved, the account and report of Alexander Moore on behalf of the executors entitled “ Exhibit A’, and his statement of their accounts with each individual legatee showing all payments to and purchases by them from the estate, together with the calculations of interest on each item from 1803 to 1825. It covered sixty-two large record pages.° That only one of the twenty-three groups of legatees found cause for complaint is strong commendation of the executors and the method pursued by them, but even then an error crept into the case. The executors came back into court again on November 23, 1826, and presented their petition showing that since the decree, “ considerable assets have come into their hands which they are willing to distribute ” and also that by reason of the proceedings in the District of Columbia Courts at Washington to sell the Washington City houses certain of the legatees should have been credited with proceeds of those properties or relieved from the charges made against them as the purchasers thereof at the executor’s sale in 1808. They therefore prayed that their accounts to this date may be approved and that the special commissioner report if said pur- chasers are entitled to anything on account of the aforesaid sales and exactly what sums are due the residuary legatees out of the balance in their hands. 6 The original of this document has disappeared, but in addition to the record copies in the Circuit and Supreme Courts, it appears that a duplicate was made for each of the executors in book form, and these books were used by them for entering their subsequent dealings with the estate. Bushrod Washington’s copy is in the R. T. Crane collection of Washingtoniana at the Annapolis Naval Academy. The first fifty-eight pages show the court ac- count in the handwriting of Mr. Moore or his copyist.Of the Ewecutors’ Accounts 363 By consent the commissioner was ordered by the court to examine and report upon these accounts and on December 12, 1826, it was ordered that the report of Alexander Moore so made be confirmed and the objections of the legatees be overruled and that the executors pay and distribute the assets. Mr. Moore’s report gives credit to Mr. Parks and Mr. Peter, and George S. Washington’s estate for the proceeds of the Washington City lots and houses which they failed to receive under their purchases from the executors, in the first accounting herein, but they are charged with the amounts they promised to pay therefor, thus relieving the estate from the resulting loss. He further reports, “‘ In stating the interest accounts, the same rule has been applied to each legatee by making an account cur- rent for interest, bringing the calculations down to the Ist day of June, 1824.” With the entry of the order approving this report, the greater part of the administration of the estate was closed. Only the care of a few Negroes, the sale of the Nansemond County land, and the Hammond Appeal remained.Chapter XXIX OF THE HAMMOND APPEAL Mitprep G., the daughter of Charles Washington, was entitled to one twenty-third of the residuary estate under her uncle’s will. She had married Thomas Hammond and the latter acted for her in her relations with the estate. At the sale of the real and personal estate for the purposes of division in 1802 and 1803 he bought nothing, evidently preferring to take cash. Mrs. Hammond died and her will was probated in Jefferson County, Virginia (now West Virginia), on February 138, 1805. It specifically bequeathed her interest in her uncle’s estate to her husband Thomas Hammond for life, to her children thereafter, and in default of children, then to her brother Samuel for life and the remainder to his children. Mr. Hammond was appointed executor. When the executors of Washington in March, 1806, declared the dividend of $5,179.05 on each one twenty-third share of the estate out of the net proceeds of collections and sales to that date, under the laws of Virginia, beneficiaries were required to accept securities in the hands of the executors in payment; Mr. Hammond received from them a mortgage and bond given to them by Burdet Ashton, Jr., one of the distributees who had purchased lands at the sale in excess of his distributive share. The mortgage was for $9,410.20, but was subject to a deduction of said Ashton’s distributive share of the estate (subsequently ascertained to be $2,589.26) leaving really due but $6,830.94. The debt bore interest at six per cent. per annum. As the amount really owing from Ashton had not been ascer- tained in 1806 when the executors turned over this mortgage to Hammond on account of his wife’s share of the estate, they required him to covenant and agree in writing (and to secure thisOf the Hammond Appeal 365 by a mortgage on certain land of his) that he would account for the proceeds of the mortgage and pay over to them any surplus due thereon beyond Mrs. Hammond’s $5,179.05, approximately $1,651.00. Hammond, almost immediately, i.e., on April 2, 1806, assigned the mortgage to Smith, Calhoun and Company, merchants of Baltimore, to secure his debt in the sum of $5,604.64, which was somewhat in excess of his share of the mortgage, although the amount collectible by him on it was $6,830.94, when definitely ascertained. It soon appeared that Ashton was unable to pay the mortgage and became wholly insolvent. The Baltimore merchants fore- closed the mortgage in the Superior Court of Chancery at Rich- mond, Virginia, in a suit against Ashton, Hammond and the executors of Washington. The sale of the mortgaged premises followed but produced less than the amount of the debt, in fact less than Mrs. Hammond was entitled to receive from the Wash- ington estate. On the accounting of the Washington estate in the Circuit Court of the United States in the friendly suit, detailed in the last chapter, the question arose on settlement of the Hammond share, who should stand the loss on the Ashton mortgage. Mr. Moore, the special commissioner, reported to the court: The case of Thomas Hammond (account No. 11) is the only one of difficulty that presents itself to the auditor; he was entitled to a full share of the residuary Estate in the right of his wife for which he has credit on his account. Hammond took an as- signment from the Executors of a mortgage given them by Burdet Ashton, Jr. to secure the sum of $9,440.20. Ashton being en- titled in his own right and in right of his sister to 3% ds. of a share of the residuary, which deducted from the amount of the mortgage left a balance due on the mortgage of $5,957.50 to bear interest from the 7th day of June 1808. The Defendants contend that this Debt and mortgage was as- signed to Hammond in discharge of his claim on the residuary Estate to the period of the assignment amounting to $5,178.68 and that he is bound to them for the excess of Ashton’s debt above his, Hammond’s, claim, to secure which he gave the366 The Estate of George Washington, Deceased executors a mortgage on his Estate in Jefferson County, Virginia. Hammond assigned the mortgage of Ashton to Smith, Calhoun & Co. who instituted a suit to foreclose the same. The Chan- cellor referred the matter to Commissioner Keith to state an ac- count between the parties, which he did and made the balance due on the mortgage $6,865.95 on the 22nd August 1808 and the Chancellor decreed upon that sum with interest from 22nd August 1808 until paid, although the account was erroneously stated by the Commissioner, he having debited Ashton with interest from March 12, 1805 to 22nd Aug. 1808, which should have been from 7th June 1803 as is shown by the mortgage. On the 15th of October 1810 the assigned mortgage was fore- closed and the lands therein mentioned sold for the sum of $4,001.24. In this case the auditor presents for the Court’s consideration three accounts, 1, 2, & 3, in the first he charges Hammond with the balance due by Ashton on the mortgage June 7th, 1808, in the second with the sum the mortgaged premises sold for and in the third account with the balance due on the mortgage accord- ing to Commissioner Keith’s report. All the papers relative to the matter are herewith filed. The Circuit Court of the United States disposed of the ques- tion (as appears by its opinion reported in Volume III of Cranch’s Circuit Court Reports on page 77) on June 2, 1827, and by Cranch Ch. J., after stating the facts, it held that the net amount of the excess due from Hammond was $778.45 and decided: Hammond’s mortgage was absolute to pay that sum whether Ashton became insolvent or not or whether the land produced more or less, than his own claim. Such was his covenant. We therefore think that he could not have had recourse to the Execu- tors even if he had not expressly exonerated them. But it is said the estate is not exonerated although the Executors are; & that the estate is liable as assignor of Ashton’s debt under the equity of the 41st Sectn. of the Statute of Virginia, (P. & P’s. Rey. Co. 165) which compels the distributees to take the specific bonds of purchasers of the personal estate when sold to pay debts or become perishable, in which case if the bonds are not good they are to be made good out of the Estate. It is admitted that the present case is not within the letterOf the Hammond Appeal 367 of the Statute and we think it is not within its spirit, for here the debt of Ashton was voluntarily received in payment. Ham- mond was not obliged to receive it. We think that Genl. Wash- ington’s Estate is not bound to make it good and that the Execu- tors may recover from Hammond the difference between Ashton’s debt & Hammond’s share of the estate. The decree was prepared accordingly but by some oversight was not entered of record until ten years later, when on October 31, 1837, Chief Justice Cranch ordered it recorded, “ It appear- ing to the Court that the foregoing decree had been rendered in the above cause at November Term 1827 and had then been omitted to be entered, it is now by the Court ordered to be entered on the record of the proceedings in said suit to take effect as a decree of that term.” The decree directs that “ account No. 11” shall stand and that Nancy M. Hammond, administratrix of the said Thomas Hammond do, out of the assets of her intestate in her hands to be administered, pay to the executors of the said George Wash- ington the sum of $2,158.66, the balance appearing to be due them by statement Number 11 with interest on $1,027.27, the principal sum due, from the Ist day of June, 1824. ** From which decree the Complt. Nancy Hammond prays an appeal to the Supreme Court of the United States, which is granted upon her giving bond and security in the sum of $400 to be approved by one of the Judges of this Court.” The appeal was filed in the Supreme Court of the United States on September 25, 1829, two months before the death of Bushrod Washington, then a member of the court. The docket of the Supreme Court shows that no proceedings were had upon the appeal until 1837, when a new administrator of the Hammond estate appeared. It was then that it was dis- covered that the decree below was never entered, and that error having been remedied, a certified copy of the decree was filed in the Supreme Court in 1839. In 1840 Lorenzo Lewis, as executor of Lawrence Lewis, late executor of General Washington, entered his appearance and on January 10, 1843, the case was argued.| { | | | | | | 368 The Estate of George Washington, Deceased On January 23, 1843, it was decided and the decree below was reversed with costs by the Supreme Court and the court below directed to proceed conformably to the opinion of the court. ‘The opinion of the court by Mr. Justice Daniel is reported in Volume I of Howard’s Supreme Court Reports at page 14. It decides that Hammond’s estate is to be charged to the extent of the amount due him on distribution, he having taken the mort- gage in satisfaction to that extent, and that, as he had used due diligence, his estate was not to be held for the deficit, nor could it claim any compensation for its share of the loss from Wash- ington’s estate. The effect was to divide the loss fairly between the parties but it left Hammond’s estate entitled to claim the subsequently de- clared dividends from the distribution of the Washington estate. What proceedings were next taken in the court below at Alex- andria we are unable to state because the record has not been fully preserved but it appears of record there that on October 19, 1843, that court decreed, in pursuance of a masters’ report filed May 26, 1843, and confirmed on June 9, 1843, subject to exceptions heard that day and overruled, “that the defendant executors do forthwith pay over out of the assets of the estate of the said General George Washington to the Complainant Ad- ministrator of the Estate of said Thomas Hammond the sum of Ten Thousand two hundred and twenty-eight dollars and thirty- four cents, being the amount reported to be due and payable by the said defendants to the Complainant on the said 26th day of May, 1843, aforesaid with the costs of this suit to be taxed by the Clerk.” At the same time the accounts of the several legatees were ordered referred to Joseph Eaches, as commissioner (Alexander Moore being dead) to be restated “ to ascertain what reductions or abatements from the balance struck in favor of the legatees severally and respectively or from the credits allowed them in the accounts heretofore audited . . . should be made upon re- casting and restating such balances or credits conformably to the principle of the decree and opinion of the Supreme Court.”Of the Hammond Appeal 369 Commissioner Eaches’ report is lost, so far as the court files are concerned, but a copy was fortunately preserved in the archives of one member of the Washington family, together with correspondence relating to it, from which Mr. Lawrence Wash- ington rescued it in 1918 and permitted the writer to take a copy of it. The report is voluminous, consisting of about five thousand words. It is dated May 26, 1845, and purports to be based on the books of the acting executors, both now dead, and the reports and accounts of their respective executors together with the receipt of balances due from them acknowledged by George W. P. Custis, the youngest and now sole surviving executor and concludes that “ the remaining debts yet to be collected except from the debtor legatees are inconsiderable and the Nansemond lands are represented to be of little value.” The commissioner then restates the amounts due from the debtor legatees and the amounts due to the others down to date. The report was probably not approved but was presented to court for the court’s minute book, page 217, notes “* October 18, 1845, Report filed, leave to file bill of revivor and contd.” The bill of revivor (probably on behalf of a new administrator for Hammond and against Custis as the surviving Executor of Gen- eral Washington) is lost but it appears that the cause was pressed to a hearing, for on page 265 the clerk’s minute book records “ Oct. 7, 1846 submitted.” At this date the court must have been in doubt as to its own power to act, for on September 1 and 2, 1846, the election took place in Alexandria County under an act of Congress, to deter- mine whether or not that portion of the District of Columbia should be retroceded to the State of Virginia by the Federal Gov- ernment. The vote was very unexpectedly in favor of the plan and on September 7, 1846, President Polk proclaimed it done accordingly. The next order of the court which interests us here is — “ October 31, 1846. The Court adjourned sine die.” It came to an end with our case in its bosom, to the accompaniment of the370 The Estate of George Washington, Deceased regretful, polite and eloquent salutations of the bar and responses by the court, also duly entered of record. The “ Circuit Superior Court of Law and Chancery of the 3 County of Alexandria ” was instituted by the State of Virginia to take upon itself the business and jurisdiction of the late United States Circuit Court, and in that court we find of record the next and final order in the Hammond case. On June 21, 1847, its record shows: George Washington’s Legatees agt. George Washington’s Executors In this cause the complainant Geo. W. Hammond admr. of Hammond having been convinced that several grievous errors existed in the Commissioner’s report materially reducing the amount hitherto supposed to be due from the said Executors to the Estate of said Hammond and it being further impossible from lapse of time to ascertain the sum due, the Complainant has agreed to accept by way of compromise a less sum than hitherto claimed & supposed to be due & that the bill should be dismissed finally without costs, wherefore under the said agreement the com- plainant now here dismisses said bill and abandons said suit. The real reason for the compromise appears in the cor- respondence above referred to * which contained a copy of Com- missioner Eaches’s report as well as a copy of a letter from Mr. Bushrod C. Washington, the executor of his late uncle Bush- rod Washington, deceased, and a copy of the agreement com- promising the claim for three thousand dollars paid by the executors of the two deceased acting executors on May 4, 1847. It was the impossibility of collecting the nearly fifteen thousand dollars due Hammond’s estate from the widely scattered, or de- ceased or insolvent legatees and the willingness and ability of the two executors to pay three thousand dollars to relieve their estates and take their chances in an attempt to reimburse them- selves from the distributees. In the particular case in which this correspondence was preserved both death and insolvency inter- vened to prevent recovery. And thus ended, in Court, the admin- istration of the estate of George Washington deceased. 1A copy of the correspondence is in the Library of Congress, Mss. Division.Chapter XXX CONCLUSION No attempt has been made to summarize the story of the estate. Each reader will find for himself such conclusions as he is inter- ested in. The questions, what it was, how it was acquired and how disposed of and why, have been answered as well as possible by the writer, and in some measure the records have been indicated and preserved. That was the main purpose. If in addition a new interest in the man Washington has been aroused and a reasonable curiosity to know something of his methods and per- sonal affairs has been satisfied, enough has been accomplished. A history of manners, such as this, is not without value, perhaps, in illuminating both his character and his times. There is, however, another, an incidental conclusion which it may be of value to state. The study involved in tracing the history of Washington’s estate was carried back not only to its acquisition by him, but also into the history of all his forebears in this country. The first of them acquired Mt. Vernon. So far as possible the ques- tion, “‘ Where and how did he get it? ” has been answered without undue prolixity. This has given the writer an intimate view of the daily life, the thoughts, purposes and methods of Washington which seems far to exceed that conveyed to us by most of the historians who have written about him. Only Sparks and Ford, in their editions of his writings, seem to have touched with any fullness that great tract of years and action which lies outside his share in the French and Indian War, the Revolution and the Presidency. Yet there is to be found the explanation and character of his true greatness. So it is almost as true to-day as it was thirty-five or| | | | | | 372 The Estate of George Washington, Deceased more years ago when Mr. MacMaster penned the line, “ George Washington is an unknown man.” The greatness of Washington is taken for granted by all. His purity of character and his glory as the successful leader in all that resulted in the creation of our nation and government have overshadowed the rest of his story. The puyposes and intent of the man, his daily thoughts, habits and methods of constructive action in the ordinary affairs of his long and varied career have been largely overlooked. Yet these details formed the real basis of and made possible its glorious features. In this neglect of the personal details, the chief value and most impressive lesson of his career have been largely lost, for Wash- ington was the embodiment of great physical and mental ability, inspired by enterprise and moral purpose to the height of genius. We have been told that he was no genius, that all he did was the result of honest hard work and patient plodding, and that therefore what he did lies within the compass of any other intelli- gent, earnest and industrious man. It is not the truth. Washington had, in addition, an intense, passionate nature, which he controlled and used as a dynamic force, instead of per- mitting it to spend itself in selfish ends. He made it a driving spirit, to accomplish great patriotic and unselfish ends, while he kept an outward calm and straight path. This ruling of his spirit, devoting its energy to the good of mankind, is his true right to greatness. It is the essence of his example to the world. It seems to the writer that a new study of the character and career of Washington is in order. It should begin and proceed to the end from a new point of view. Washington never meant to be either a great soldier or a statesman. After his first ex- perience in the field, he hated war and he always disliked executive office. Though for sixteen years he sat in legislature and in Con- gress to aid in guiding his State and country, he never cared for either power or glory. He preferred to devote his capacities to surveying, farming and business, to road and canal building, land exploration andHOUDON’S STATUE IN THE VIRGINIA STATE CAPITOLH | |Conclusion 373 settlement and to be a man of affairs. His constantly enlarging career in this constructive work made him in turn a soldier, a legislator and commander in chief, the greatest promoter of the Constitution and President of the United States. Yet he wanted no history of himself written except as a member of the community. He was a good, successful and great citizen, because he was unselfish, loved his fellow men, desired justice, loved work and labored constantly to leave the world better than he found it. He possessed extraordinary power within him which he faithfully thus used. The result was a character which astonished the world by its purity, moderation and completeness, and a work which endures as “ a standard to which the wise and honest can repair ” forever. Washington, in fact, was an engineer; he planned and did great, practical things, and he was a genius. The depth and clarity of his vision, the patience, persistence and thoroughness with which he conceived and pursued the plan to bind the coastal colonies to the rising Empire beyond the Alleghanies, until after forty-five years he saw the firmly accomplished fact in an in- dissoluble Union, proved beyond all question his “ infinite ca- pacity for taking pains.” His was a genius for enterprise and his glory was that it was always based on sound moral principles. Some day, it is hoped, the definitive story of his life will be thus written. If here anything substantial has been contributed to that end, the best hope of the writer has been fulfilled.| | | iAddendum CONCERNING NEWLY DISCOVERED MATERIAL Arter this book was in type the author discovered in the recently begun collection of Washingtoniana of Lloyd W. Smith, Esq., of New York City, among many other interesting items, the long “lost” Washington Ledger “C,’ begun in 1792, by transfer of all his ac- counts from Ledger ‘“‘ B,” which is in the Library of Congress. He also found there the Cash book and Ledger of Washington’s salary and expenses, as President, from April 2, 1789, to April 20, 1791, covering fifty-four pages, kept by Tobias Lear, his Secretary, and marked “G.’’ On the inside of the front cover of this is written, “ This old Ledger in which Some accounts of the General’s are stated I have used in stating my Executor’s Account. Bush. Washington.” After the General Washington entries it contains one hundred and seventy-four pages in Bushrod Washington’s handwriting, showing in complete detail the original entries of all his dealings as Executor from June, 1802, to December 20, 1827. Then two pages follow in another hand, closing the account on October 1, 1829, which was shortly before Bushrod Washington’s death. These Executor’s accounts are all checked and verified by Alexander Moore, who was appointed Commissioner of the Fairfax County Court in 1810 and 1820, and again by the United States Circuit Court at Alexandria in 1823, to examine the Executor’s accounts. Only a few of the details have been taken by me from this ledger, as it simply confirms the records existing in the Court records, all of which I had examined before. Its value as an original record, however, is great. Mr. Smith also has a bound volume in which are gathered a number of pages taken from a diary of actions as Executor, kept by Bushrod Washington, showing, from day to day during the long administration of the estate, the conduct of its affairs. With these are bound up the original memoranda, mostly in his own handwriting, of the various sales at auction made by the executors to the legatees of personal and real estate, besides the drafts of the various agreements between the| | | | | 376 The Estate of George Washington, Deceased legatees concerning the enforcement of the will, despite its invalidity outside of Virginia, the sale of far western lands, the partition of the Kanawha lands and the Ohio River lands in Virginia, the powers of attorney to and from the executors, and other confirmatory deeds, which Bushrod Washington devised, advised and insisted upon, and by which Washington’s will was literally carried out by all the legatees of lawful age and in which they bound the minors to do likewise. Full and most valuable support of the text was there found. The only important new item in these papers is that relating to the debt of General George Washington paid to David Stuart by the Executors. It appears that this was done in pursuit of a judgment of the Fairfax County Court, rendered in 1806, in a suit brought by David Stuart, as administrator of the estate of John Parke Custis, deceased, against the Executors of General George Washington, de- ceased. The Record Book showing that judgment was destroyed in the Civil War, but Bushrod Washington made a note that the judg- ment was for £2,100 (Virginia currency), on May 30, 1806. I have amended the text as originally written so as to avail myself of these facts. Mr. Smith also owns Washington’s original “ Little Ledger ” cover- ing the period from September 10, 1747, to the beginning of his Ledger “A”, in 1748. It is a small, blank book, six inches square, ruled by Washington, with index and cash columns, containing a dozen accounts and a few pages of cash entries, all written in Washington’s boyish hand. He was from fifteen and a half to sixteen and a half years old at the time. In this Ledger, on September 10, 1747, he debits “Thomas Turner. To Cash, won at billiards EO: loom He has accounts with his kinfolk, Bailey, Lawrence, Robert and Mary Washington, and with George Fairfax, besides his half-brother Augus- tine Washington, against whom, on page 8, he charges: “1748 9ber To Cash won at Whist down at Nomony 1G: Per Contra 1748 Ober By one bottle of Peach Brandy He Gh Feby. 5. “ Cash in full aAddendum 377 The remaining entries in the book are items of cash disbursements made in attending to business for his mother, brothers and Mr. Fair- fax, of great interest as showing Washington’s care and prudence. There is also in Mr. Smith’s possession a document showing Doctor James Craik’s account for professional services rendered to General Washington and his family during the year preceding the General’s death. Doctor Craik made no charge for services in attending the General in his last illness. The Executors added $25.00 for this, that being the amount allowed by them to each of the other two doctors called in consultation with Doctor Craik at the time. ‘The account is approved, paid and receipted. Mr. Smith also has a large cash book about eight inches by fifteen inches, entitled, ‘“ Accounts of the Mansion House and Other Farms, Distillery, Smith Shop, etc.”, covering the period from March, 1797, to January 1, 1799. It is mostly in the handwriting of James Ander- son and Tobias Lear, the former being Washington’s Superintendent and the latter his Secretary. From time to time it contains a para- graph and signature showing Washington’s examination and approval, or comments requiring further details and prompter accounting. Another document in Mr. Smith’s possession is the original account of George Clinton, from December, 1782, to January 7, 1787, of the $2,500 loan at seven per cent. made by him to Washington, showing various credits which reduced it to $325.60. This loan was used in their joint purchase of 6,050 acres of choice Mohawk Valley land while the Peace Negotiations were pending, and fully described in Chapter XXVI. Mr. Smith is also the fortunate owner of the long, handsome, gold- headed cane on which Washington leans in the statue by Houdon, in the State Capital at Richmond, Virginia, and which has been dupli- cated in bronze a number of times. This cane was bequeathed by Washington to Robert Washington of Chotanck, “friend of my juvenile years.” Many other items have been collected by Mr. Smith which will prove interesting to future historians but do not directly concern us in this account of his estate. The author desires to express to Mr. Smith his thanks for the cour- teous and prompt permission given to use his material fully and freely, wherein Mr. Smith further waived his prior right, which he had in- tended to use, of writing and publishing an account of his collection.; i H i ; / } | | i | H if | 378 The Estate of George Washington, Deceased Mr. Smith appreciated the effort here made, and generously assisted in making it as complete as possible. LEDGER “C” This covers the period from 1792, transferring accounts from Ledger ““B”, and runs to December, 1799. The beginnings are in George Washington’s handwriting but the bulk of it is in other hand- writing. It is in the same form as “A” and “ B”,— first an Index, then sundry ledger accounts, debit on one page and credit on the other, and ruled in cash-book form. Eighteen double pages are used thus, and then come twelve double pages of cash entries, debit and credit, $24,012.84 of the former and $14,481.92 of the latter, and not balanced, but “ Taken from Cash. Memo kept by the General.” These ran from 1794 to August 31, 1797, and among them is this: Nov. 28/94 By Dr. Tate gave him 15 guineas for curing my cancer £26. 5. 0. The ledger accounts which precede these cash entries, in some in- stances, where they evidence long-standing matters of complicated nature, are copied out in full, running back many years to the be- ginning of the business, while others are merely transfers of balances from Ledger “B.” Of the former kind is that on page one, showing Washington’s debt to and settlement with Lund Washington. This begins September 2, 1790, with a debit, To Sundry Items from Ledger “B”, Folio 315, £18.18.8, and five payments, in four years in the total sum of £1,460, and then Credit Mar. 2, 1789. By my Bond to this date for bal. due on final settlement of accounts, as per Ledger “B’’, page 315. £1,220 — 1794 By interest on the above July 8 Bond which is paid and taken up and which settles all accounts 258. 18. 8. £1,478. 18. 8. The payments run from £80 in 1791, £105 and £300 in 1792, £525 in 1793, to £500 in July 8, 1794. These payments were in addition to conveying to Lund Washington “ Hayfield ” which adjoined Mount Vernon on the west, described by ‘ > Washington as “my best farm’—to cover Lund’s eight years of labor and advances in the care of the Estate during the Revolution. This account is only begun in Washington’s handwriting, but theAddendum 379 next is all in his handwriting. It is on page two, and is entitled, “His Excelly Govr. Clinton ”, and begins: 1787 June 16. To Cash at sundry payments, as pr. Ledger “B” in full discharge of the Contra Bond with the interest due thereon to the date £1,875. Then follows a statement of sales of various lots to various persons and in various amounts, for the total of 4,300 acres and £3,400. 2., “as will appear by his letter of the 18th of December, 1798, accom- panied by an account of which the following is an exact copy, viz:” The copy shows that the sales began May 1, 1788, and ran to October, 1793, and are accounted for to the extent of the cash payments made by the purchasers, either partial or in full, to the same date, £1,472. 10, of which Washington received one-half, £736. 0. 5., in two items: 1790 June 20 By Cash £ 67.19. 314 By half of Printers’ Bills for Deeds, Mortgages, &c. 4. 5.0. 1793 Dec. 18 By a Post Note on the Bank of Pennsylvania 663. 16.114 £736. 0.5. To this Washington adds a note to explain that the payments in excess of the sales amounts include interest on deferred installments. Then follows a statement of lots (9) unsold, making 2,019 acres “sold 4,084 “ Total’ G03) oa. ae And it ends with this credit: 1797 Feby. 27 By Cash recd. from you, for my one-half of the land sold per Contra $2,500 £750 It is evident that during the presidency, with its repeated journeys back and forth to New York, Philadelphia, Mount Vernon, New Eng-380 The Estate of George Washington, Deceased land and the Southern States, Washington was not able to keep or have kept for him exact and complete accounts, especially after Tobias Lear went to England in 1793. After the presidency, and beginning in March, 1797, until his death in December, 1799, he again resumed and maintained accurate accounting in this Ledger “C.” As the book shows his affairs at his death, I make an abstract of it here. The cash account for that period begins on page thirty-nine and runs to page fifty-five, inclusive, and shows down to December 3, 1799, in much detail, his receipts and disbursements. Among these were loans to Tobias Lear of $2,500, and to Samuel Washington of $2,000, in May, 1799 — before he began to borrow himself for the city houses. Tobias Lear also acted for him in buying Bank of Columbia, Bank of Alexandria, and Potomac Company stock, and the details are shown in his account. The remaining ledger accounts include these investments and also the following: John F. Mercer. This begins with a balance against the Estate of John Mercer £ 908. 15.11. To Int. to date 5 p.e. 83. 4. 9. “Cash paid you in full Oe Niiey As £1,089. 18. — Contra Cr. 1783 Apl.1. By tract of land lying in the County of Montgomery, State of Maryland, containing 519 acres, being part of a tract called Woodstock Manor, conveyed to me by yourself and others @ 42/ per acre £1,089. 18. This explains the “ Woodstock” Maryland Farm purchase. It is followed by an account with Neill, McCoal & A. Blair, Attornies for John Henry Cazenove and Elia Linds, of London, for £450, “ for a tract of land bo’t by me at 4 mile Run near Alxa” | | ! | | Contra See note under the account of the Estate of Jno. Mercer in Ledger “B”, Folio 225. By which it appears that I am exonerated from the payment of the Bond per Contra.Addendum 381 This relates to the twelve hundred acres devised to George W. P. Custis, known as, “ My land at Four Mile Run.” Tobias Lear’s account covers pages four, five, six and seven, and is interesting in detail. It ends in a balance due Washington, May 1, 1799, of £784.8.11. The cash account shows that on that day Washington also lent him $1,500. The next account is that of the Estate of John P. Custis, and opens with a debit balance brought over from Ledger ‘“ B”’— Folio 272, of £1,355. 12.914. Then follow debits for ““My Annuity”’ for the years 1793-1798, inclusive, at £525, which was the annual payment for Mrs. Washington’s dower in her first husband’s lands, as per agreement when John P. Custis became of age, and the credits show various payments from year to year by Doctor Stuart, who married John P. Custis’s widow, down to June 3, 1799, in full. The dower right in the Custis Negroes was settled by Washington taking one-third of them and using and supporting them and their “increase” on his plantation at Mount Vernon. Another payment of the annuity was due at Washington’s death, but is not noted, or accounted for by the Executors, as far as I recollect. Mrs. Washington lived till May, 1802, and collected the dower herself probably, as she was entitled to it. The next account is that of Washington’s deceased brother-in-law, Bartholomew Dandridge — Bal. from Ledger “B” £2,328. 1.6. Int. to Oct. 1., 1795 494. 7.21% Contra £2,822. 8.814 By amount of negroes bot on my account from the Estate of Bart. Dandridge £1,357. 9. By a tract of land in Gloucester County, conveyed to me in Oct/89 800. By interest on the above from Oct. 1, 1789, to Oct. 1, 1795 240. £2,879. 9. Vide. John Dandridge account Oct. 1, 1795 By the will of Genl. Washington the Estate is exonerated from the balance 424.19. 814 £2,822. 8.814382 The Estate of George Washington, Deceased This closing entry is made by Lawrence Lewis the Executor. This account shows how Washington acquired the Gloucester County land and the Dandridge Negroes, mentioned in his will. On page fourteen, beginning in 1773 is a statement of the account of The Estate of Thomas Colville, deceased, of which Washington was an executor and finally the surviving Executor (in 1796), and it is closed by this entry on page fifteen: 1796 To Cash paid into the Bank of Alexandria agreeably to a July 8 Decree of the High Court of Chancery of Virginia, being the balance due from me as Surviving Executor to this Estate, as per settlement with the Court of Fairfax, which is in full £932. 17. 33, He was allowed five per cent. commission on collections and two and one-half per cent. on payments. The next account is The Estate of John Colvill, who was one of the heirs of Thomas Colvill, and represented by Colonel Hooe. It runs from 1772 to 1793, and amounts to £4,611. 17.9%4. Washington was allowed £345 com- mission, and the account was closed at the time. The next account is that of Clement Biddle, Washington’s Phila- delphia broker and friend, on page nineteen, and then comes the Cash Account, which runs from page twenty to page thirty-one inclusive (double), through the years 1794 to August 31, 1797. The debit total is $24,012.84, and the credit total is $14,481.92. It is not balanced. It begins with items, “Taken from Cash Memoranda kept by Genl. Washington’, and shows first receipts and expenditures on the road to Philadelphia, etc., etce., including the “cancer” item already noted above. These further items only are of interest here. Dr. Feby. 27/97. To George Clinton, Esq., reed from him on account of sales of land in partnership between him and me $2,500 To Henry Lee, Esq., received from him in part payt. of my shares of the Great Dismal swamp sold him 700 Apl. 10. To Mr. George Ball received from him acct. of Land sold him lying in Lancaster County, State of Virginia £197 Va. Cy. 656.67Addendum 383 Then follows this series of accounts. (Page 33.) Dr. POTOMAC CANAL COMPANY To Cash paid the several calls on 5 shares subscribed for by me @ £100 stg. each as pr. Ledger “ B” £500 $2,222.22 1796 Apl. 10. To Tobias Lear bought by him for me 3 shares (@ $450 each 1,350. OG May 12 To ditto received from him as pr. his a/e 15 shares @ $450 each 6,750. P. 34. STOCK IN JAMES RIVER CANAL COMPANY To Cash paid the several calls on 5 shares subs. for by me @ £50 sterling each, or £250 Deletes P. 36. BANK OF ALEXANDRIA 25 Shs. @ $200 4,970. Beat BANK OF COLUMBIA 100 Shares thru Lear @ $40 4,000. To Genl. Henry Lee for 71 shares recd of him a/c Dismal Swamp 2,800. BP. 38: GEORGE DUNNINGTON Dr. Bond for rent of 1789 to 1796 @ 2,000 lbs. Tobc. per year and interest £325. 14. 1. Md. Cy. Cr. By Cash $270. Then follows again a Cash Account, from pages 39 to 55, inclusive, showing, among many others, the following interesting items: Cr. May 1, 1799. By Tobias Lear lent him $1,500. Os eae -) Samly Washington ae 1,000. (another $1,000 lent him Sep. 13/97) Dr. July 2, 1799. To Bk. of Alex®. recd as loan $1,500. Nov.26, “ ‘““ Lawrence Lewis borrowed of him 1,000. Cr. Dec. 3. By Mr. Law. Lewis 500. This is the last cash entry. Then follow these ledger accounts, viz.:384 The Estate of George Washington, Deceased let, fifo GENL. HENRY LEE Dr. 1796 Dec. 1. To the first instalment due this day on the pay- ment of my share in the Dismal Swamp Company, as per Agreement dated Nov. 16, 1795. The whole amount being twenty Thousand dollars to be paid in three equal amount instalments with Interest $6,666.67 To the Second instalment due this day as above 6,666.67 To the Third instalment due this day as above 6,666.67 Contra 1797 Feby. 24 By Cash $ 700. nee ces “71 Columbia Bank shares 2,800. 3,500. Peabo: GEORGE BALL Ds To a tract of land sold you lying in Gloucester County, Virga., which I bought of Mr. John Dandridge for £1,169. 6. 8. $3,897.78 The conditions of sale and with weh. Mr. Ball is to be charged are that he is to pay for the land £800 (which it cost me) with interest at the rate of six per cent. per annum from the first day of August, 1789 (being the day on which Mr. Dandridge con- veyed the land to me) until it is discharged. That on or before the 10th day of April, 1798, he is to pay me £303 and to give a mortgage on the land as a security for the payment of the residue of the pur- chase money, with interest as aforesaid, in two equal annual instalments Whereupon I have obliged my- self, my heirs, etc., to convey the land to him or to his assigns with a warrantee against any person claiming under me or said John Dandridge but no others. Contra Apl. 10/1797. By Cash £197 $656.67 G0: JAMES WELCH Dr: 1798 Dec. 31. To Rent due this day for lands leased to you on the River Kanhawa as per agreement dated the 16 Dec’r, 1797 $5,000.Addendum 885 JOHN GILL Dr. 1797 Nov. 29. To my agreement with you this day for arrear- ages of Rent etc. due by you for land leased you on Difficult Run (vide agreement) £260 $866.67 The book evidently is a first attempt to resume regular bookkeeping after the manner of Ledgers “A” and “B” prior to the Revolution, and later to state his affairs in 1797-1799, but it is not quite complete because Washington had to depend on secretaries not quite capable. LEDGER “G” The first twenty-seven pages (double) are a cash account with the United States of America, in the handwriting of Tobias Lear, be- ginning April 2, 1789, and ending April 20, 1791 (about the time he went to England for the Potomac Company). Some pages are blank, and some are used for ledger accounts with individuals. They show only Washington’s receipt of his salary and his expenses as President in New York and Philadelphia — but even so are not complete. Then follow eighty-seven double pages in the handwriting of Bushrod Wash- ington from July, 1802, to December 20, 1827, showing his cash receipts and disbursements, as Executor, and accounts in ledger form with all the legatees of Washington. On the last half of page eighty- seven and part of page eighty-eight the closing entries are made in another hand from July 25, 1828, to October 1, 1829. Bushrod Washington died October, 1829. These items are of interest here: July 19/02 By 5 shares in Alexa Bank sold Herbert $1,198 Nov. By U. S. Stocks 3,750.19 “8 Sh. Col. stock + 16/Divd. 320. P. 27. The acct. of “Children of Geo. A. Washington” shows the “Gloucester land sold your guardian Mr. Basset for you for the sum which was deeded to Geo. Ball, viz: ” 5,215.62 less payments by Ball ’97 977.55 4,237.23| | | | 386 The Estate of George Washington, Deceased Cash p. 49. June 23, 1810. Paid Warner Lewis to defray his expenses in viewing and surveying the Ky. lands $180. All other matters shown were also in the court accounts already noted. In the book which Mr. Smith also has in which are leaves taken from another book and sundry original papers, the first being Bushrod Washington’s memoranda from day to day of transactions concern- ing the administration of the estate, it appears, inter alia, that the Kanawha and Ohio River land partition deed was sent to the General Court at Richmond for record July 19, 1805, that a power of attorney was given Warner Lewis, March 27, 1810, to sell Kentucky lands; that on May 30, 1806, David Stuart, as administrator of the Estate of John Parke Custis, decd., recovered a judgment in Fairfax County Court against the Executors of General Washington for £2,100; that the McLain house in Alexandria was valued by William Harper and John Cohagan, June 1, 1805, at $4,500; that on July 18, 1805, Bush- rod Washington wrote to the Richmond Land Office about new patents for the Northwest Territory lands to use in support of a petition to Congress; that he divided the lot on the Kanawha River assigned to him, Lawrence Lewis and George W. Custis, into three equal parts and took the middle four hundred acres himself. There is also a copy of a printed circular letter, August 4, 1823, by Attorneys Thomas Swann and R. I. Taylor to the Legatees about act- ing for them in the Friendly Suit and before Moore on accounting. Then follow Mr. Moore’s original reports on the Executor’s Accounts in 1810 in the County Court, and a statement of account with David Stuart, showing payments by orders on Fitzhugh and Law, who pur- chased the lands in Maryland, showing a total paid him on his judg- ment for £2,100 vs. the Executors in the sum of £2,876. 19. 5., prob- ably including interest. Bushrod Washington’s accounts also show that they were revised and checked by A. Moore, the Commissioner, and approved in the various accountings in Fairfax County Court and the United States Circuit Court in 1810, 1820 and 1823, respectively. Then Moore and Bushrod Washington died, and the final accounts were made by Lawrence Lewis and Bushrod Washington’s executors before another Commissioner in the United States Circuit Court. Although many of the corrections and amendments made necessaryAddendum 387 in the text of the foregoing volume by reason of the belated dis- covery of Mr. Smith’s valuable collections have been made there, much of the material could not be thus used. It has been necessary, there- fore, to write this addendum, from which the careful and patient reader who has followed the story thus far may gather further proofs of the justice and care with which George Washington and his Executors dealt with all things and all men.i | | | —eereoei—sAppendix I THE WILL OF MARTHA WASHINGTON OF MOUNT VERNON In the name of GOD Amen I Martha Washington of Mount Vernon — in the County of Fairfax being of sound mind and capable of disposing of my Worldly Estate do make Ordain and declare this to be my last will and Testament hereby revoking all other Wills and Testaments by me heretofore Made IMPRIMIS, It is my desire that all my Just Debts may be punctually paid, and that as speedily as the same can be done — Item. I give and devise to my Nephew Bartholow Dandridge and his Heirs my lot in the town of Alexandria situate on Pitt and Cam- eron Streets devised to me by my late Husband George Washington deceased — Item. I give and bequeath to my four Nieces Martha W. Dan- dridge, Mary Dandridge, Francis Lucy Dandridge and Francis Henly the debt of Two Thousand pounds due from Lawrence Lewis and secured by his bond, to be equally divided between them or such of them as shall be alive at my death and to be paid to them respectively on the days of their respective marriage or Arrival at the age of Twenty One Years whichsoever shall first happen together with all the Interest on said Debt remaining unpaid at the time of my death, and in case the whole or any part of the said principal sum of Two Thousand pounds shall be paid to me during my life then it is my Will that so much Money be raised out of my Estate as shall be equal to what I shall have received of the said principal debt and distribute among my four Nieces aforesaid, as herein has been bequeathed and it is my meaning that the interest accruing after my death on the said sum of Two thousand pounds shall belong to my said Nieces and be equally divided between them or such of them as shall be alive at the time of my death, and be paid annually for their respective uses until they receive their shares of the principal. Itrm. I give and bequeath to my Grand-son, George Washington| 390 Appendia I Parke Custis all the Silver plate of every kind of which I shall die possessed, together with the two large plated Coolers, the four small plated Coolers with the Bottle Castors, and a pipe of Wine if there be one in the house at the time of my death — also the Set of Cincinnati tea and table China, the bow] that has a stop in it, the fine Old China Jars which usually stand on the Chimney piece in the New Room also — all the family pictures of every Sert, and the pictures painted By his sister, and two small skreens worked one by his sister and the other a present from Miss Kitty Brown—also his Choice of — prints — Also the two Girandoles and Lustres that stand on them — also the new bed stead which I caused to be made in Philadelphia together with the bed, mattrass, boulsters and pillows and white dimity Curtains belonging thereto; also the two other beds with bolsters and pillows and the white dimity Curtains in the New Room also the Iron Chest and the desk in my Closet which belonged to my first Husband; also all my books of Every Kind except the Large Bible, and the Prayer Book, also the set of tea China that was given me by W Vanbram every piece having M W on it — Irem. I give and bequeath to my Grand Daughter Elizabeth Parke Law, the dressing Table and Glass that stands in the Chamber called the Yellow Room, and General Washingtons Picture printed by Trumbull. Irem. I give and bequeath to my Grand Daughter Martha Peter my writing table and the seat to it standing in my Chamber, also the print of General Washington that hangs in the passage — Irem. I give and bequeath to my Grand Daughter Eleanor Parke Lewis the large looking glass in the front parlour, and any other looking glass which she may choose—also One of the New side board Tables in the New Room also twelve Chairs with Green Bottoms to be selected by herself also the marble table in the Garret also the two prints of the dead soldier, a print of the Washington Family in a box in the Garret and the Great Chair standing in my Chamber; all the plated Ware not hereinbefore Otherwise bequeathed, also all the sheets table linen, Napkins towels pillow cases remaining in the House at my death, also three beds and bedsteads Curtains Bolsters and pillows, for each bed such as she shall choose and not herein particularly otherwise bequeathed, together with counter-pains and a pair of blankets for each bed, also all the Wine Glasses and decanters of every kind, and all the blue and white China in Common use.Will of Martha Washington 391 Irem it is my will and desire that all the Wine in Bottles in the Vaults to be equally divided between my Grand-Daughters and Grand- son, to each of whom I bequeath Ten Guineas to buy a ring for each. Irem it is my will and Desire that Anna Mariah Washington the daughter of my Niece be put into handsome Mourning at my death at the Expence of my Estate and I bequeath to her Ten Guineas to buy a ring — Item. I give and bequeath to my Neighbour Mrs. Elizabeth Wash- ington five Guineas to get something in remembrance of me — Irem I give and bequeath to Mrs. David Stuart five Guineas to buy her a ring — Irem I give and bequeath to Benjamin Lincoln Lear one hundred pounds Specie to be vested in funded Stock of the United States immediately after my deceased and to stand in his Name as his property which investment my Executors are to cause to be made. Irem When the Vestry of Truro parish shall buy a Glebe I devise Will and bequeath that my Executors shall pay one hundred pounds to them to aid of the purchase, provided the said purchase be made in my life-time or Within three years after my decease — Irem. It is my Will and desire that all the rest and residue of my Estate of whatsoever kind and description not herein specifically devised or bequeathed shall be sold by the Executors of this my last Will for ready money as soon after my decease as the same can be done and that the proceeds of thereof together with all the Money in the House and the debts due to me (the debts due from Me and the legacies herein bequeath being first satisfied) shall be Invested by my Executors in Eight p. Cent stock of the funds of the United States and shall stand on the books in the Name of my Executors in their Character of Executors of my Will and it is my desire that the Interest thereof shall be applied to the proper Education of Bartholo- mew Henly and Samuel Hendly the two youngest sons of my Sister Henly, and also to the Education of John Dandridge, son of my deceased Nephew John Dandridge so that they may be severally fitted and accomplished in some useful trade and to each of them who shall have lived to finish his Education or to reach the age of Twenty-one years, I give and bequeath one hundred pounds to set him up in his trade — Irem. My debts and legacies being paid and the Education of Bartholomew Henly, Samuel Henly and John Dandridge aforesaid392 Appendix I being completed, or they being all dead before the complition thereof it is my will and desire that all my Estate and Interests in whatever form Existing whether in money funded stock or any other species of property shall be equally divided among all the persons herein-after mentioned who shall be living at the time that the interest of the funded stock shall cease to be applicable in pursuance of my Will hereinbefore Expressed to the Education of my Newphews Bartholo- mew Hendly, Samuel Hendly and John Dandridge, namely among Anna Maria Washington daughter of my Niece and John Dandridge son of my Nephew and all my Great Grand-children living at the time that the interest of the said funded stock shall cease to be applicable to the education of the said B. Hendly, and John Dan- dridge and the same shall cease to be so applied when all of them shall die before they arrive to the age of Twenty One Years, or those living shall have finished their Education or have arrived to the age of twenty one Years, and so long as any one of the three lives, who has not finished his Education or Arrived to the age of Twenty One years, the Division of the said Residuum is to be defined and no longer — Lastly I nominate and appoint my GrandSon George Washington Parke Custis, my Nephew Julius B. Dandridge, and Bartholomew Dandridge and my son in law, Thomas Peter Executors of my last will and testament. In witness whereof, I have hereunto set my hand and seal this Twenty-Second day of September, in the year eighteen hundred. Martrua WasuHINcTon, (sEAL) Sealed, signed acknowledged and Delivered as her last Will and Testament in the presence of the Subscribing witnesses who have been requested to subscribe the same as such in her presence — Roger Farrell. William Spence. Lawrence Lewis. Martha Peter. March 4th, 1802. I give to my Grand Son George Washington Parke Custis my Mullatto Man Elijah, that I bought of W. Butler Washington to him and his Heirs forever — M. WasHINGToNnWill of Martha Washington 393 AT A COURT held for Fairfax County the 21st day of June 1802 This last Will and Testament of Martha Washington deceased was presented in Court by George Washington Parke Custis and Thomas Peter, two of the Executors therein Named, who made oath thereto, and the same being proved by the oaths of Roger Farrell, William Spence, and Lawrence Lewis three of the subscribing witnesses thereto is together with a Codicil or Memorandum endorsed, ordered to be recorded — and the said Executors having performed what the law requires, a certificate is Granted them for obtaining a probate thereof in due form — Teste, Wm. Moss, C. C. This will is now exhibited in the stout oak box which also contains the General’s will. It is impossible to obtain a photo- graphic copy of it. The last will and testament of Martha Washington, subsequent to its recording in court, had a checkered career, disclosed in the following proceedings. At the October term, in the year 1914, of the Supreme Court of the United States, the Commonwealth of Virginia filed its bill in equity against John Pierpont Morgan (the younger), to wit: IN THE SUPREME COURT OF THE UNITED STATES October Term, 1914. CoMMONWEALTH oF Vireinia, Complainant, vs. Joun Prerpont Moraan, Defendant. In Equity No. To the Honorable, The Chief Justice and the Associate Justices of the Supreme Court of the United States of America: Your Oratrix, the Commonwealth of Virginia, complainant, by Jno. Garland Pollard, Attorney General thereof, brings this bill of com-394 Appendi« I plaint against John Pierpont Morgan, a citizen of the State of New York, and a resident thereof, and alleges: I. That your Oratrix is one of the States of the United States of America, and that the defendant is a citizen of the United States of America, and that the defendant is a citizen of the United States and of the State of New York, another of the States of the United States of America, and a resident thereof. Il That on June 21, 1802, the last will and testament of Martha Washington, deceased, the wife of the first President of the United States of America, dated September 2, 1800, was duly admitted to probate and record before the county court of Fairfax County, in the Commonwealth of Virginia; that, in accordance with the terms of the statute in such cases made and provided, said will and testa- ment was left and remained in the clerk’s office of the county court of Fairfax County, in the Commonwealth of Virginia; that said will and testament thereby became and now is the property of the Common- wealth of Virginia and a public record thereof, and a document be- longing to the Commonwealth of Virginia; that said will and testa- ment is a chattel which has such special, extraordinary, uncommon, and unique value that it cannot be replaced by means of money, and is not susceptible of being compensated for by any practicable or certain measure of damages; that said last will and testament is a muniment of title under which large and valuable real and personal estates located within the Commonwealth of Virginia have been dis- posed of; that said last will and testament, left as aforesaid in said clerk’s office, was in the possession of the Commonwealth of Virginia at the time it was illegally abstracted as hereinafter set forth; that said last will and testament was wrongfully and illegally abstracted from the possession and control of the Commonwealth of Virginia and has come into the possession and under the control of the said defendant; and that as against your Oratrix, who is the lawful owner of the said last will and testament, the said defendant has not ac- quired, either at law or in equity, any right, title, or interest in and to the said last will and testament.Will of Martha Washington 395 III. That the said last will and testament came into the possession of the said defendant in a manner and at a time unknown to your Oratrix, and the fact that the said document was in the possession or under the control of the said defendant was unknown to your Oratrix until it was brought to the attention of the General Assembly of Virginia at the last regular session which began on the 14th day of January, 1914, although your Oratrix has exercised all reasonable diligence in endeavoring to locate the said document, and to regain the possession thereof. Iv. That although the said defendant has been duly requested so to do, he has failed and refused, and still doth refuse to deliver to your Oratrix the said document, which the said defendant from your Oratrix unjustly detains; that the said defendant denies the right of your Oratrix to the possession thereof, and asserts his absolute right thereto, and that if he should attempt to exercise such asserted right, he would seriously and might, by removing the same from the juris- diction of this Court or otherwise disposing thereof, irretrievably in- terfere with the efforts of your Oratrix to recover the possession thereof. Inasmuch, therefore, as your Oratrix is remediless in the premises, save in a court of equity, she prays that the said John Pierpont Morgan be made a party defendant to this bill and be required to answer the same, an answer under oath being waived; that this Court may order said defendant to deliver said document to your Oratrix, and pending a decree to that effect, that he be enjoined and restrained from disposing thereof and removing the same beyond the jurisdiction of this Court or that he be required to place the same in some appro- priate custody to await the said final judgment of this Court, and that your Oratrix be granted such other and further relief, general and special, as in the premises may seem meet. And your Oratrix will ever pray, etc, CoMMONWEALTH OF VIRGINIA. By Jno. GarLtanp Po Lrarp, Attorney General of Virginia.396 Appendix I I have read the foregoing bill of complaint by me subscribed, and the facts therein stated are true, to the best of my information and belief. Jno. GarLanp Po.uarp. Subscribed and sworn to, in the City of Richmond, State of Vir- ginia, before me, G. Stanley Clarke, a notary public in and for the City of Richmond, this 25th day of February, 1915. G. STantey CLARKE, Notary Public. Subsequent proceedings were had to bring Mr. Morgan into court. Much newspaper notoriety resulted and many stories were published relating to the manner in which the document had been acquired by the late J. Pierpont Morgan and the alleged fabulous sum involved. The legal questions involved aroused some interest. The late Judge Peter S. Grosscup told me that he had been consulted or asked his opinion whether or not the law of Loot applied to this country and if so what its terms might be in this case. He asked my opinion. I replied, “There is no such term as Loot or Law of Loot in any book of law in America with which I am ac- quainted. The law dictionaries and encyclopedie omit any refer- ence to it.” Judge Grosscup and I soon agreed that the case was simply one of theft of a public record, and that nothing remained to be done except to return the paper to the lawful custodian, the County Court of Fairfax County, Virginia. The following letters are self-explanatory: Mr. Morgan’s Library, New York, September 25, 1915. The Hon. James Keith, President of the Supreme Court of Appeals, Richmond, Virginia. My dear Sir: You are, of course, aware of the unfortunate controversy which has arisen as to the ownership and possession of the original Will ofWill of Martha Washington 397 Martha Washington. When I was first approached on this subject, an imputation seemed to me to be involved which was most unjust in character and deeply painful to me; this caused me at the time to determine to stand upon what seemed to be my legal rights, and to make no concessions in regard to them. The facts in regard to the history of this paper are as follows, according to the statement of Miss Mary Espy Thomson, from whom it was purchased by my Father in the year 1903. Miss Thomson’s statement is: “ Lieutenant Colonel David Thomson, commanding the 82nd Regi- ‘ment Ohio Volunteer Infantry, was during the spring or autumn “of 1862 stationed at Fairfax Court House, Va. His headquarters “were in the Court House building. The safes had previously to this “been broken open by The Blenkers, a command of men noted for “their reckless vandalism. The papers were on the floor and had “been destroyed in large quantities, used to kindle fires. My father, “ going into the office, found his men shovelling the material from “the floor for this use,— called them to stop, and looking over them “found the document in question. Just preceding his death in 1892, “he gave the document to me, to be done with as I thought proper. (signed) Mary Espy Tuomson, 2655 Irving Ave., So., Minneapolis, Minnesota.” ‘ The facts in the case have been submitted to eminent counsel, and I am advised that the title of my Father’s estate to the paper is, on well-recognized legal principles, perfect and unassailable. An answer to the suit in the Supreme Court of the United States, brought by the Commonwealth of Virginia, has been prepared and is ready to be filed. Should the case, however, come to trial, issues will be raised as to the late war, and the status of participants therein, which it seems to me better should not be raised in view of the fifty years of peace and unity which have elapsed since the termination of the war. I do not wish that, through any act of mine, differences long settled should be recalled. Rather than revive the memories of ancient strife, long since consigned to oblivion by the good sense and good feel- ing and patriotism of the people of the United States, I greatly prefer to waive such personal rights as I believe I have in this matter. Moreover, I have the highest regard for the People of Virginia, and the pride of all Americans in their splendid traditions and lofty spirit. I have good reason to believe that their sentiment and interest| | | | | | | | | / | 398 Appendix I have been aroused in respect to this document, and feel it to be a proper act on my part to return it to their keeping. In view of the foregoing, and of your eminent position as Presiding Justice of the Supreme Court of Virginia, and of the confidence and esteem in which you are justly held by that Commonwealth, I hand you herewith the original Will of Martha Washington, with a request that it be disposed of by you in such way as will best meet the ap- proval and gratify the sentiment of Governor Stuart and the people of Virginia. If I might be allowed to offer a suggestion, it would be that, because of my Father’s well-known interest in Mount Vernon and of my own connection with it as a member of the Advisory Board of the Mount Vernon Association, it,seems to me peculiarly appropriate that a relic so closely associated with Washington should be preserved and avail- able to the public at the place especially consecrated to his personal memory. I should be much gratified if you could, in consultation with Governor Stuart, find a way by which this Will shall eventually be placed at Mount Vernon and confided to the keeping of the Mount Vernon Association. This suggestion is in accordance with the sug- gestion in my letter to Governor Stuart of March 17, 1914, and is what I had hoped to do when the Supreme Court had upheld my title to the document. Should it become possible to carry out this idea, it would give me satisfaction to provide at Mount Vernon an appro- priate and fireproof receptacle for the safe keeping and preservation of this and other precious relics of ‘the place. I have intrusted this letter, together with the original Will of Martha Washington, to our mutual friend Mr. Fairfax Harrison, who has kindly undertaken to deliver them to you. With great respect, I am Sincerely yours, (Signed) J. P. Morean, State oF VIRGINIA Supreme Court of Appeals Richmond September 30, 1915. Mr. J. P. Moraan, New York City. Dear Sir: I have received the original will of Martha Washington and theWill of Martha Washington 399 letter which you entrusted to our friend, Mr. Fairfax Harrison, and I shall endeavor to dispose of it in such a way “as will best meet the approval and gratify the sentiment of Governor Stuart and the people of Virginia.’”’ I am in full sympathy with your suggestion that Mt. Vernon should be the final repository of the will of Martha Washing- ton. As you well say, “it is peculiarly appropriate that a relic so closely associated with Washington should be preserved and available to the public at the place specially consecrated to his personal memory ’’, and I shall cheerfully endeavor in consultation with Goy- ernor Stuart and others to bring about this result. There are, how- ever, difficulties in the way which you will at once recognize. The people of Fairfax County have a just pride in being the custodians of the wills of Washington and his wife, but I trust that this senti- ment will yield to the advantages presented by Mt. Vernon, which must for all time be hallowed as the home and final resting-place of Washington, where it will be available to the public and safely pre- served for all coming time in the fire-proof receptacle which you generously offer to provide. The people of Fairfax will, I trust, remember, that this relic, if placed at Mt. Vernon, will still be within the limits of the county of Fairfax. Permit me, Sir, to express my appreciation of your position in this matter. Much doubtless has been said and written which must have distressed you and might well have excited a spirit of resentment, but you have risen to a higher plane and viewed the subject in a spirit of generosity and magnanimity which I am sure will be recognized and appreciated by the Governor and good people of this Commonwealth. I do not understand your letter as imposing any condition with respect to my disposition of the will. The only trust imposed is that it shall be disposed of in such way “as will best meet the approval and gratify the sentiment of Governor Stuart and the people of Vir- ginia.”” You then proceed to offer as a suggestion, but not by way of imposing a condition, that Mt. Vernon shall be the final repository of this interesting relic. I shall endeavor to discharge the trust reposed in me to the best of my ability, and shall earnestly endeavor to have your suggestion adopted. I thank you for the kindly terms in which you refer to me person- ally, and beg to remain, with great respect, Very sincerely yours, James KgITH.400 Appendix I CoMMONWEALTH OF VIRGINIA Office of the Attorney General Richmond April 7, 1920. Eugene E. Prussing, Esq., 1527 Rhode Island Ave., Washington, D. C. Dear Sir: I am in receipt of your favor of April 2 in which you ask for copies of the letters between Judge Keith and this office in connection with the return of the will of Martha Washington. In reply, I will state that I find no correspondence between Mr. Pollard, who was Attorney General at that time, and Judge Keith. Judge Keith had an office just across the hall from this office, so I presume there was no need for correspondence between him and Mr. Pollard. I have correspondence between the Clerk of Fairfax Court and Mr. Pollard, and a copy of the resolution of the Board of Super- visors adopted by Fairfax County in reference to obtaining the will. I presume, though, you have copies of these papers, as I find in the files a letter from you to Mr. Pollard. Yours very truly, Jno. R. SaunpErs Attorney General. The will was returned to Fairfax County Court and the suit of the Commonwealth of Virginia against John Pierpont Morgan in the Supreme Court of the United States was dismissed.Appendia II Tue original Inventory and Appraisement of the Estate of Wash- ington was presented to the Ladies’ Mount Vernon Association of the Union by William K. Bixby, Esq. Mr. Bixby had previously published the document in a small volume in a limited edition, which is reprinted here in full, with Mr. Bixby’s kind permission. INVENTORY of the CONTENTS OF MOUNT VERNON 1810 With a Prefatory Note by WORTHINGTON CHAUNCEY FORD 1909 INTRODUCTION This inventory, now printed in full for the first time, was filed in the office of the county clerk of Fairfax county, Virginia, by those charged with the final appraisement of the personal effects of Wash- ington at Mount Vernon. Mr. William C. Lane, librarian of Harvard University, states in his “Inventory of Washington’s Library” that “ The original will (of Washington) is still to be seen there (Fair- fax Court House), and this with the other papers mentioned was copied into the large record volumes, but at the bottom of p. 326, Liber J. 1 following the ‘account of the estate of the late Gen’l Washington with Laurence Lewis’ is found this note,—‘ Inventory and appraisement of the Estate of Gen’l George Washington Deceased (ought to be here Recorded). For Inventory look to Wills &ec of August Court 1810 filed. T.C. Nash.’ But on inquiry for the files of this date it appears that all the original papers of this time and earlier were scattered during the occupation of Fairfax by the Federal troops during the Civil War. The Washington Inventory may pos- sibly have been saved, but its present location, if it is extant, is unknown to the writer.”4.02 Appendix II Fortunately this paper was preserved, and has now found a fitting niche in a collection of manuscripts where it not only will be free from accidental loss but is now made accessible by publication. An imperfect copy of the Inventory was in the possession of John A. Washington, of whom Edward Everett obtained a copy for use in his “‘ Life of George Washington ’’, printed in 1860; but some leaves of the manuscript had been lost. This imperfect form has been reprinted several times, but never as a separate piece. What pertains to the library of Washington has been fully studied and annotated by Mr. Lane in the volume on the Washington collection in the Boston Atheneum (Griffin-Lane), printed in 1897. ? In view of that study I have not thought it necessary to annotate that part of the Inventory, not even to correct the many errors in names and titles. The document is printed as it was written, and may thus serve as a basis for detailed study in special lines. The document has a high personal interest. The values affixed to each article are purely arbitrary, and are in no sense correct ap- praisals, whether of the market value of the thing, or of the value to its possessor, from actual cost or from association. The estate was not in dispute; there was no tax system which imposed making a cor- rect valuation upon the executors; and the formal presentment of the list fulfilled the requirements of the occasion. The sums affixed could be omitted without impairing the real value of the paper, for this value lies in the light it throws upon the contents of the house at Mount Vernon, and incidentally upon the taste of Washington in gathering them. It may be said at this point, that Washington himself was not wholly responsible for the contents. This is especially true of the library, which had grown through gifts rather than through purchases, and this only in a slight degree reflected the personal taste or judg- ment of the man. It would give a very wrong impression to pass upon his reading from the list of his books, for it becomes evident at a glance that a majority of the volumes had either been sent to him by writers looking for recognition, or been bought in a desire to assist author or publisher in a venture affected with some public interest. Washington was no reader, and his only enthusiasm lay in books on agriculture, which he studied and laboriously extracted with a minuteness that was extraordinary. As a young officer in the colonial militia he gave some attention to military books, and he isInventory of Contents of Mount Vernon 403 known to have read the play of “ Cato.’’ There is little evidence that he cared for history, even of the War of Independence; and in only one instance has a political volume, immediately dealing with his own conduct, been found with his marginal notes.1_ An unusual instance of his attention is that of the single word in his copy of Adam Smith’s “ Wealth of Nations’”’, where he has questioned the printing of the good Scotch word “‘fiars”’, believing it to be a misprint for the word “fairs.”’ In his diaries he never mentions the books he was reading, and his correspondence rarely refers to books, unless formally to ac- knowledge a gift or a dedication, or gives any evidence of a bookish learning. To speak with frankness, he read for a purely commercial purpose; to fit himself for service in the camp, and to conduct his farming on a profitable basis. He never became a great general; and his agriculture never became a source of profit. In neither case was he responsible for this result. He never had an army efficient for acting on the offensive consistently, and a necessity for using slave labor balked every effort to improve his lands. In other respects the Inventory is more satisfactory, meagre as it is. In the last forty years the Washington estate, as it was called, was finally settled and a number of relics and manuscripts came into the market. There was much of undoubted value, and the prices were adequate, so much so as to encourage the fraudulent. For many years a rather clumsy imitation of Washington’s writing was sold to the unwary, in the form of checks purporting to have been drawn upon a bank in Alexandria.” This was an innocent deception compared to some that have been put forth in recent years, and sometimes by dealers of recognized position, who could not plead ignorance as an excuse. Not only have papers been wrongly assigned to Washington, but also to members of his family, and often without a particle of evidence to prove their origin or authenticity, and in the face of proof that they could not be as represented. His book-plate has been re- produced and inserted in volumes that this Inventory could show had never been in his library. Undated manuscripts have been assigned to a particular year, and a story woven round them that would grace any work of fiction, and that has proved of great profit to the romancer. Unfortunately this Inventory can be used only within narrow limits to correct such offers and offenses, and will not serve 1 Monroe’s “ View of the Conduct of the Executive of the United States 23, now in the Library of Harvard University. 2 These checks were the work of Robert Spring of Philadelphia.j | | | | } | 404 Appendix II at all in testing fraudulent documents. The descriptions given of pictures, for example, are not sufficient to permit a full identification, but if twenty portraits of Washington are reported as coming from Mount Vernon, there is ground in this volume for meeting so wholesale a claim. It is from the letters of the earlier years that a really fair idea can be gained of Washington’s tastes in household furnishings. A Virginia planter had only one market for his principal product, tobacco, and that market was in England or Scotland. Sending his tobacco there, the account was settled almost entirely by such manu- factures and other articles as were needed on the plantation. The system was as costly as it was unsatisfactory. The planter was rarely contented with the price he obtained for his tobacco, and the difficul- ties of ordering goods at such a distance were greatly increased by the poor quality of the goods themselves. Carelessness, shopworn articles, indifferent workmanship, and an open disregard of orders complicated the transaction, and the time required for a correction (even if a correction was possible) made the remedy ineffectual. A < definite quality of exports, commercially known as “colonials’’, of second and third qualities, was considered as good enough for the colonies, and hence arose the exact descriptions included in the planters’ orders. In the colonial days of Virginia almost every article used in the household, apart from what was grown in the garden or fields, was obtained from England. An invoice was a formidable affair, ranging from tools and nails to medicines, perfumed powder and suits, from pickles and cider to shoes and cloths. The last order by Martha Custis, in 1758, amounted to £309. 8s 5d and it would be difficult to name any article of ordinary use that had been omitted. This hap- pened only three months after an order amounting to £103. 15s 514d had been filled. In 1764 the total invoice ordered was £474. 2.9, and there is no evidence to show that the demand diminished in the years after the stamp tax troubles, when domestic industries were supposed to be rising into importance. The plantation of the south, with its large number of slaves, was economically too dependent upon England to be made free by a local, limited, and probably temporary industry in the northern colonies. I now quote from some of these early orders which Washington sent to his English agents.Inventory of Contents of Mount Vernon 405 In April, 1757, when Washington was at Fort Loudoun, he directed his kinsman, Richard Washington, of London, to send him “A marble Chimney piece of the Dimensions Inclosed (given by the Workmen) the Cost not to exceed 15 Guineas. N. B. let it be carefully packd ” Also “1 Neat Landskip 3 feet by 2114 Inches = 1 Inch Margin for a Chim y’’— a somewhat crude way of obtaining anything of merit. These London merchants at times sent to their Virginia customers a gift of a picture or piece of furniture; but they could hardly have been connoisseurs of art. It was safe to look to them for “Two neat Mahogany Tables 414 feet square when spread and to join occasion- ally’; and “1 Dozn neat and strong Mahogany chairs at 21/.” There was some standard by which to judge a “neat” Mahogany bit of furniture, or a “ fashionable lock for a partition door”; but a “neat Landskip ” was too indefinite. It is safe to say that few of the paintings at Mount Vernon, apart from some of the portraits, had any artistic value. In November the goods came by the Peggy and Elizabeth. The Chimney-piece was in thirty-one feet of “fine new veined marble”, with plinths and iron cramps for mounting it (£8. 6.6); the two mahogany tables cost £6.10, and the chairs, de- scribed as “‘ best gothick chairs, w. t Pincusion seats, stufft in ye best manner and covered with horse hair’’, were billed at £12. 12, exclusive of packing. The landscape was “after Claude Lorrain” and cost £3. 15. 6. In the cargo of the Salley, Captain Dick, bound to Rappahannock, in Virginia, came in August, 1757: “e A Bedstead with Mahogany carved and fluted pillars for feet Posts, yellow silk and worsted Damask Furniture, lind with Tammy, and carved cornishes compleat, cost AL AMVAUCHION 2 fc cic oisye/ jee ec elesete suche oleio aenmeeeerre £25.10 3 pr yellow silk and worsted Damask Window Curtains, COD SGN) «5p ooun poop on DO bOU AnD OOM OSSON HOODS 9. A Mahogany easy Chair, on Casters coverd with ditto and a Check Caselcost at) Ditto... 2. eee 3.10 6 Mahogany chairs, Gothick arched Backs and Seats of Ditto and an Elbow Chair cost at, Ditto............ 7.12.6 A fine neat Mahogany serpentine dressing Table with Furniture Compl., drawer, Glass &c a, handl Locks and: brass Works... : <3.5. 5)... < sss cere 10. 10 ‘Afine Mahogany, ‘lea Table. .3. « .. -..:.. ayerteeraeete 3.15 Av pr fine carvd and! gilt; Sconces). 5. -\3)-1. «sei eles eee a406 Appendix II with Wilton carpets and wall papers and the following china and glassware: iipeoneroplongechinawDishes Will/ a 4. ~ s.er ci elle eet el ie 6.1 JL UUGRES (ie) TIAN IDA S SE boo oR oonn odo aobacogcnoao4KC 14 gmdozn-gtineselates (14) 0... so see tae ee ee 1.8 ledOzZN | DILLOMSOOPsdO) across oc eee eee Shes ae 14 maw compleatesett ine, Emare china... 160 ee 3.10 Zadozn. aneswinero lasses (ngravd.).c2. 4- 00s aoc ee re 17 6 Quart Decanters do 21/ 12 beer glass Mugs &c 12/...... 1.13 with knives and forks on which the crest was engraved. A short time after Washington wrote: (September, 1757) To Richard Washington Dear Sir: Be pleasd over and above what I wrote for in a Letter of the 15th. April and 10th. Instt. to send me one dozn. strong chairs of about fifteen shillings price, the bottoms to be exactly made by the Inclosd Dimensions and of three different colours to suit the paper of three of the bed Chambers (also wrote for in my last). I must acquaint you, Sir, with the Reason of this request. I have one dozn. chairs that were made in the Country neat but too weak for common sitting. I therefore purpose to take the bottoms out of those and put them into these now ordered, while the bottoms which you send will do for the former and furnish the Chambers: for this Reason the Workman must be very exact, neither making the bottoms larger nor smaller than the dimensions, otherwise the change cant be made. be kind enough to give directions that these chairs equally with the others and Tables be carefully packd and stowed, without this Caution they are liable to infinite damage. I am Dr Sir, Yr most obedt &c. G WasHINGTON From Philip Bell, Upholsterer, was obtained in August, 1759: 70 yds of Chintz Blew plate Cotton furniture.......... S11. WG bamyds.ocoteh) Linnensto line Witton. 4-0 oe ee oe 2.18.6 a Beach Bedstead colourd all over, Castors, a strong sack- ing Case Slips a Compass-Rod, Brass Caps & neat plain Mahy. foot Posts, & a neat cut Cornish....... Making a Blue Chintz of yr. Cotton Lined.............. 7 yds of blue Gard. figrd Lace 7 yds of white Hessars to line the head and Tester, Ring Tape and paper EOMUneROps s 25 Hed Ona Chiti teeters oye) rere clon! sole sracleiie loon 2 MAS Va CHA Tercrty cytes iers cies ocraieiee siicks/ ie ick 10 (10) ZeNighopaneymC@hairsy «3c. oe ne cyan cece “ AX APIS FEES ‘SpoccsooddaavaauouGobdndcoDs6our 100 Me Chestonvdrawers sce. \6 eis cee 30 6 Paintings of Mrs. W—ns family 10$........ 60 HaSmalledra wan Os yaniv creer mire cielo ci rics 2 50 1 Picture “ Countess of Huntington............. 75 i Gh, SeanG HOM nw ooonoabonoouas baosnososodc 1 ON ANAT SON were eryeleaie one yt siclo silts eiereicic 1 Omomalle PICturesprecrerccyach aioe cick feriere ciate 2 316 25 In the Closet 2 leather virinks) 100 cere) ce cierle oe 20 MeMahopaneyandOs cre eerie ire 20 Wash bason! 220 acces ce eer 50 Close Sil 3 ye ie cee ccc cue cea 3 And Irons, Shovel Tongs &. .......... 8 51 50 In the Study WOSwordsi(a@ Ui bladey coy cis vacein chalet eke cls ereve = 120 AA CANCS yey scree ios cote cooTe sede eee ole ere crcl one 40 he GUNS are cine cicrciereie cise ei ole sic oe cee eepeleiooies sale 35 Me Spye, (Glasses. 2. icctcccs)s ac ciaycftels hats oh elec 110 Latin canistendrawebapern esc ee oe co 50 Trumbuls (Prints cress s se 6 sce ores oe: 36 1Casey Surveyors sinstrumtshe. rere ere 10 U Praveling Ink Caseuc ce aoe cc Ge cere: ac 3 1 Globes 2h. 66 cicn cee as acetal acacia kin os 5 Lboxaconte) 2ibapermnouldsh crease ene ce 25 DePICture, 2c kG see cicreers Sioe susie hoes Ree ee hee oe 3 b Chestyot Tools: ie 3c 53a o eco os hice ee eee ees 15 PB URCA Uc ss cce oie xo rele ceove oli syepivs ar csete ore ereisreperae ere 7 a Dresse: Table) ccs ei fe ies ic ee ie ae 40 (11) ilambour Secretary, sem secc 4<\. cu cieces oe 80 MEWialnuty Ee ble 5 tvs ere iss sie ene ache: 5 PeCopying' press +. 2). Weer. ci. es en ee 30 MaCompass-Stall & 2/Chairs:. 2.5... 2.2000. eho. 30 umOldE Copying’ press: = cpa ce ec. er IlInventory of Contents of Mount Vernon 417 DEC: Dia I Case} Dentists! Instrumtse 1). ease erie 10 ZeSetus) moneys wellhtsat ii sierra ere 20 a Nl (S(t) (eerie ENA GGachosboudoedud bc 50 l Box Paints Ges. ccc: sro cla se seus rer oie 15 1 Bust of General Washington in plaister from the life: ..4 cis. ee ese eee ete 100 Udo. Marble). cs sccc cue cee ue it eee 50 1 Profile‘in’ plaister::;. occ ec sce meee 25 Z seals) withilvony, handleseermer meena 8 ly Pocket Compass). (2255.2 occ. aon aac 50 li Brass Level. 8.05. eee ee eee 10 i 1 Japan box containg a masons Apron.......... 40 1 Small case containg 3 Straw rings) = Serer ero eere 1 75 1 Farmers Luncheon box J 1 Silk Sash (Military)............. eats ee 20 1 Velvet housing for a saddle & holsters trimmed with: silver laceso5..25 cco eee 5 1 Piece of Oil cloth contg orders of Masonry.... 50 Some Indian presents... 5.54: ca atone ane 5 In the Iron Chest Stock of the U. S. Six ipr Cent? Stock. : 4.0 shone 3,746$ Do} Deferred) SNS a eee 2,500 6,246 3 p. et 2946 [ ‘ Do. of Bank of Columbia iO; Sharesi@-40$) 23.2 ee 6,800 Do. Bank of Alexandria 25: Shares!/@) 2008. 22255 06.024 2 eee 5,000 Do. James River company 5) Shares (@) V00S) 2.36 ae ee ee 500 Do. Potomac Company 24: Shares(@ £100) Stes 225.455 ee 10,666 Ca gys ose crete aie cia Kesiapats Ree Se 254 70 1 Set of Shoe and knee buckles Paste in Gold.... 250 1 pr Shoe & knee buckles silver................ 5 2) Gold? Cincinnati@Earles-: 465... .4 7 ee 30 U Diamond Hagles do: jinn coche 387 1 Gold watch, chain, 2 Seals & a Key. gs cea 175 1 Compass ‘in’ a brass|Case.2... .. 4. aa. ree 50 1 Gold box presented by the Corporation of New WOrk, Gece Steet eed. sas: ee ee 100 1 Large Gold medal of Genl Washn ........... 150 1 Gold medal of St. Patrick Society............ 8 1 Gold (or other metal) antient medal.......... 2418 Appendix II Il WHI Hn @ CHESS oreo donc cs4040000- large medal of Paul Jones..............--.-- Othersmetalamedalsmas sore cee snr Brass engraving of the Arms of the U. States.. iRocketaC@ompass) saeco de oe oo Bustaineblaster of Laul JONeSse a... ee eee Case Instruments, Parallel Rule &e. IRocketmeBbookee ee ne ee Pinemwiitinglalblesirr. 1m cee «eee ar IBOxse Mali Lat ypu PUNeS rameters ome re eet iBrassemodela@annonne noe. oS: Brass candlesticks. ce see sen meee ee GEES WANN coco oodgunogdo09000 bbc 000000000" Dig SteclmedStOlsmeeee ree ere ero area ak Copper Wash) basonirr asa ese a6 ae ec Chest & its contents (Gloves &c)............. Mane @haiyS ies one oe oe see se. Se Winitines stand sass soa IRAE oodcondvapbaneoanncn0naaoN ee OOO Oe ee OO OOO Oa i RE BE RK Oo — i OD DH BH NBD EB Be ee oe ee ee anaq ‘Gone Oo “I or O11 Ol agro & ~I or na o ~I or “I -J Ol CUO C. “IO Oo oO 1) ol bo oO “I or(19) Inventory of Contents of Mount Reyolution) of Wrances. jo5 2-9. eee Hgsay on Property ....- 6-0: 4.-0- Sir Henry Clintons narrative........ Lord Norths Administration......... lloyds) Rhapsodiyr cence ee Tracts .:...- imland) Navicationes 1. cee ir Chesterfield letters ................. Smiths Constitution: °°. °.-.----- =~ Morses Geography. ::...------45-4- Belknaps American Biography (taken out by Judge W—n)-:....-..- Do. History of New hampshire...... IDX, IDs cocac Minots History of Massachusetts..... Jenkinsons collection of Treaties..... District, of Mainewaen see oe Gullivers) ravelsie oe eer Siracts) On) SIavely~ iio soca cro Priestleys evidences.............---- mitevoL Buncleee eee ee ee oe Wiebsters) HISS@Y Sis sciecicie elie Bartrans Travels (taken out by Judge W—M) ........------+::: Bossu’s do. . Situation) OLeAMeCriCa ie cece 6 90000000000000000000N 0000006 25 LOld: Bell... 555 sos aie ccieis cynics eers cor eire acters 25 Part) of. 2) boxes) Glasser reer 2 50 i Botatoe Sifter one ricr init. 1 copper plate driers) eiae ecient 2 PAIRS A VERSIE 5 600000900009060000C00000C 11 4 New and 2 old wheat fan seives.............. 3 NRE wirelccoeeice ccc eter cir 50 4 ON TAP ANON on coco cao 00 00c000000000000006 2 CL SINS) MAR 6 0000200000 99000000000000000000 10 6) foot) Stovess- cee eee eee ere erie cere 3 2 pr Scales; (1 wood) and wits <-3.--<-....---.- 5 Ch IMENT IR o5990900900000000 0000000000000 “ FX ERE MERTON UOE9606000000900000000000000¢ + il Doz bedstead Screws teilecrciececie tree 2 tf SORRY BUETEB. 0 on p00 bo 0 Dn Db ODD DD UD ONQUONOOE 42 SS Gomimnyn Gy sogn5q0d0 00000000 00n sObD00000NC 80 I SONS SEN 59000500600000000000499000030500C 50 I Whip do secu. «ose coco eiee ae tece 1 Ve W00ds dos sis < a sisicins cries es crosiie reyes ee 50 lebundlejcarniave reins sooner 10 40) Brass, rods) -.02..---- sere ee rer 6 40 147 82 (36). “Shook: bille:...: 2.63. ascoree «eee eee 75 4eDozVold plain lronss. ec eeeeeere 1 50 Quantity, small) brass) nails s 7 ee meme olieieiete 25 2 pr brass hinges and 3 brass locks............. 7 2 Japan and 3 old brass locks.................. 1 50 Zawharflin og Irons) smelter silty rire 1 10 pr Lronwbingesie scene rerio ei kek rere 5 2| Doz; brass, Screws) 35.20). 000-1- «lesterol: 4 2) window, fasteners)... -ca-- eles ie erie 50 2) doziold) Small plainwirons ie cre aie leis terete 72 8 Screws platesyeemrecieitieieieeei teint rire 80 Ae Carty wheels DOxireryoten ciererereerslelelolelnieteiet terrence 25438 Appendi« II DIC: D. © iebeamurorsscaleseemrcr ect stale ree ieee eie rei 3 5} GRE socodoondandodq90000n s00n0Ng009000F 4 74 JOS) VOPR so dn odnH oD endo DODONDONOOONNR0C 75 Sebiecess Sheeby Copper cr eletle loci ie cle sels ie 5 SP ElOWmUOCS tpeteeictcioe 200 3} Thier} (brn IBN G5 00 00d0000009000900009009000 4 12Old! bellows! = 2-5. cc oe eee eee eer: 1 Te (Ghest) sco sc ecs foc ee eer eclerie kate 50 1 Hogshead ......--.- 002s cece cece ener ee scenes 50 Te 2TeT Ce eco os sie eee OI eel henson 25 269 41 In Black Smiths Shop 1 New Bellows .ccc <0 occ eee er acter. 1 An Ville: cnc chs os ce oer ernie eee ieie wie sierstanerey ie WAR ad A inc ndo ou mano acoddoddodoudouc Buck? LVOM se cede ere ieee ie ele eiete oe eral LGR deo dd Foca Gop oCnodG UU ouaUGti PY Tongs... . 2.2 r cere creer sree rete escees RaspS— old ......- eee sees rete eee e treet eee 50 Screw Plates <2... «cece settee oe een yee 50 Naila moulds samo. eee coerce etre 50 Some) old: [ronkiccciste seis ete te ernie re 2 Te Scoteh Plowiecit «. «cccleres cvsieeie emit cinrercrolerero these 4 41 50 _ wNnwnM Or Ct awk ODP Re Ww _ (39) 44lb 150z Silver plate.........-..---+++-+seees 900 Plated Pihbottle etands: science cisive sete ete ers eels large Waiter .........-.-0-22s cece senses dO: 2d: BIZ s co cies Scie oriole eine siete oe lenetarerenere GOs is oe Cire ie abcde bie tafe eee as teen eared Bread’ basketsnc.c< con sce eel tierra Nth abhicives Sado oop OO nOUGUUNOUC OOO ORDA UO Salt: stands! 3.46 cece cc ee ere ie eres Bottle Slidersi... cee 2 bi iron! teeth Rakeshe anit lor tcieiine 20 8) IDS? 3A) 6G50008000000060900000000000000G 1 4 mauling wedges .........-+-seeeeereereeeces 2 Gil iWemitkeresco00004b00000500008050000000006 50 2 do. augers and | chizzel.........---+--++-++: 50 1 Cutting Box and Knife...........--+-++-+-:: 1 50 1 Reap hook ........----ceseecee cee ccceeseces 10 I half busi) measures cc scree elt etehe nett 10 DAOX) Carts ce eele cc en reletelrer ry otrei neler ne 30 AS chains {Ol CON ee screrer ele enetterekerelet reel terret et 4 464 (44) Union Farm 3 working horses ........----++-sseeceereees I Brood, Mare) scone eee creo 15 12 working Mules...........------+s+sesseee- 555 1 Mule Colt 2 years old...................-.-- 60 2 Mare Colts 3 years old............--+-+++---- 60 93 G@, GO; 1 3G Olle 5 0000000000000G0000000000C 30 PD Wee GOs 1 GOs socadso00on0GaQ00bODG0NODOC NO 35 11D Oren GaocosvadcnooudoboodnUodododag bo odKC 108 DO GOWS! sare cis cis wie eee rei dole leleneparete/oletclfeleveero 200 | Te Bulle sis eee econ Sees rks 50 Ne ORG AGEL eet ele otetare tele yel eke rade eotenerotone reser 2 Ve Wows GOs saci cise ie hele os slorepnloreleyunteketelene 15 4 Stears 2 years old...............----+---->s 28 Sitdow Weyear oldiyec nee ett rie 40 8 Heifers 2 years old.............-----------:: 56 TSR doveld0s Qacese ee ee era eee 45 50 8 Bull Calves near 1 year old 3... .-.....-1-- 24 83 Ines Gy Gs Socadaccodogcc0nb on onusnOseC ¢ 106) Sheep) 0-15 fee) ite ete ther 212 1,682 50 (ol Youns horsesecee ae oer eer 60 Ab HCEry 4 old do. itso ech ere 12 50 LBS LE ooaguopocdacdococbocducnanooded 645000 66 V BOarl oe cre ole heer coe etree reek oredey le ie ere ket ke 2 1 Barrow and 10 Shoats (Penned)............. 33 90) Shoats! andi2) Blosre cree eerste erste tater 21 8 "PIOWS) 1 Grubbing do. ....- 2.05. --- eer e ns Reelvand! Line ses. crc erick ole etree ens ter ca 2 Watering pots.......-.-----2:+---seseeessee 1 Pump for Green house........-----+++-++++-: laWiheell DALrOW oe cee reclaim seiete clearer: I Edging Tron... .02-- 3-2-2 eset: Dipeiry Shears) fe oo yale tte i one Amount carried forward.........----+-.++:: The whole Number of Negroes left by Genl. Washington in his own right are as follows: 40 Men 37 Women 4 Working boys 3 do. Girls 40 children 124 Total Which Mrs. Washington intending to liberate at the end of the present Year, can only be valued for the Service of the Working Negroes for one year. Amount brought forward.........--+-+++ee+ees To this sum must be added the amount of the following Articles which were not extended in the Inventory when the foregoing was cast up, To wit: Books ommitted and a Theodolite.. $84 Bank Stock, United States Stock, Potomac and James River Shares 29,212 Gash on) hand's) cee eee 254.70 Addition to Gold Buckles and Knee buckles: .as ace soe eit 200.00 Diamond Hagle.............-...-- 387 D. bw Ww wv C. 25 50 25 AAT Dic: 21 25 $27,158.34 $27,158.34 30,137.70 $57,296.04 In obedience to the annexed Order of Court, we the Subscribers being duly sworn, having viewed and appraized all the personal4.4.8 (51) Appendix II Property of the late General George Washington decd. which was presented to us for that purpose, agreeably to the foregoing Schedule. THOMSON Mason Topras LEAR THOMAS PETER Wma. H. Foore At a Court held for Fairfax County the 20th day of August 1810. This Inventory and appraisement of the Estate of George Wash- ington deceased Returned and ordered to be Recorded. teste Wm Moss ClAppendix III Public Sales made by the Executors of Genl. George Washington, deceased, of his Estate. When sold 1800 March 5 Octor. 15th Purchasers Philip Stuart, Do. A. Rawlins, Sam Washington, Doctr. Stuart, Do. Geo. Rawlins, Doctr. Stuart, Thomas Peter, John Bassett, Do. Sam. Washington, Bush. Washington, Doc. Wm. Thornton, Pete Chichester, Thos. Marshall, L. Lewis, James Sanderson, Do. Beal Fowler, J. Anderson, Sam. Collard, Dowdal, L. Lewis, James Keaton, James Anderson, Sam Collard, Do. James Anderson, Articles sold old Grey Horse, Jack old Grey Mare, horse Traveller, old mare, sorrel do. old bay Mare Old White stockings, Bay Mare, Jack, Jennett, Jack Colt, Do. Jennett $100 Do. Do. $80. Do. Do. Do. a ee ee a 1 Mottled Cow, 1 Cow, 1 do. and calf, 1 Cow, 1 Do. 1 Do. 1 Buffaloe Cow, 1 Yearling, 1 Cow, 1 Do. 1 Do. 1 Yoke of Oxen, Amount 30.— 221.— 25.33 58.— 250.— 136.— 100.— 50.— 180.— 83.— 90.— 91.— $1,514.83 8.67 8.33 13.33 12.17 12.50 9.98 6.17 8.50 10.33 8.33 15.— sia et OT450 When sold 1800 Octor. 15th 1801 Nov. 12 Appendix III Purchasers Do. Mr. Bates, S. Collard, James Anderson, Lawrence Lewis, Do. James Anderson, Do. Rob Benson, Hugh Violett, Davy Gray, Ben Glover, Do. Cathbert Harris, Sam. Taylor, Do. James Ford, David Davis, Edward Mitchell, Rob. Benson, David Davis, Richd. Wallace, Wm. Boyd, Wm. Johnson, Henry Taylor, Edw. Taylor, David Thomas, James Patton, Do. Sam. Lightfoot, James Patton, Major Johnson, David Thomas, Ben. Glover, L. Lewis, James Patton, Saml. Lightfoot, Geo. Rawlins, Wm. Baggott, Wm. Lightfoot, Articles sold 1 Black Steer, 1 do. do. 1 Black Heifer, 1 Red Steer, 2 young Steers, Buffaloe Heifer, 1 Cow, 1 Do. Cow, do. do. do. do. do. do. do. Cow, do. do. small steer, do. red do. Black do. red do. do. do. Steer, red steer $17.67. One do. do. $18.16 do. do. do. do. do. do. old Bull, young do. small steer, do. do. do. do. do. do. Prt pe et tte ttt padded fad fel ed et ped fd ed Qu ° Prt mt pe fp Amount 10.34 5.— 8.33 11.— 23.50 5.83 9.33 10.— $205.64 15.83 20.83 13.50 14.17 14.33 17.17 18.33 15.83 20.— 16.67 20.00 15.83 12.50 13.83 12.17 10.00 10.00 20.00 21.67 15.00 13.83 15.83 35.83 20.17 22.83 19.17 11.50 26.67 8.17 10.00 16.17 13.50When sold 1801 Nov. 12 1802 July 21st Public Sales Articles sold Purchasers Major Johnson, Edwd. Mitchell, Geo. Colbert, Frs. Hammersley, T. Mason, Mr. Chichester, Thos. Peter, G. W. P. Custis, Do. Do. Wm. H. Foote, Moses Kenny, Do. M. Reardon, James Patton, Do. ] 1 1 _ fu 9 OK eK Ke « aI co Qu 9 large do. do. do. Jennett, oO. ° 9 d d d do. d ° Jack, Weathers, — ° dwes a 2 Amount brought over — Mark Riley, Francis Hammersley, Wm. Simpson, Wm. Boyd, Rob. Benson, John Johnson, Bryan Johnson, G. W. P. Custis, Charles Carter, Doct. Smith, G. W. P. Custis, Ditto Wm. A. Washington, John Stith, Rob. Lewis, Howell Lewis, B. Washington, Doct. Smith, Do. Doct. Stuart, Hanson Javins, Thos. Peter, iA 1 ] 1 1 1 1 Ewes, Jack, (Leatherhead), Steer, Cow, Steer, do. do. Carriage and Harness, C ouchee and Do. General’s Riding Horse, One Mare Nancy, 1 ] ] ] ] 1 1 1 ] 1 C Young Horse, Horse Poppet, do. Liberty, Mare Polly, do. and mule colt, Young Mule, Mule, Do. Black Mare, Bay Colt, lover Machine, 451 Amount 23.33 20.33 120.00 101.00 102.00 101.00 51.00 61.00 61.00 203.00 14.33 13.00 17.00 16.00 11.50 $1,446.82 $1,446.82 $ 10.25 282.00 22.83 13.50 16.17 17.33 16.00 $1,824.90 610.00 250.00 130.00 100.00 175.00 141.00 151.00 45.00 135.00 115.00 40.00 40.00 10.00 82.00 6.50 seen oer452 Appendix III When sold Purchasers Articles sold Amount 1802 July 21st Judge Washington, 20 sheep @ $13. 260.00 Lewis & Carter, 20) @) 2 9-107100 182.00 Do. 20 “ @ _= 6-10/100 122.00 Do. 20) SS @i 4 80.00 Lewis & Carter, 20 “ @ = 4-10/100 82.00 Do. 205 @)373'60 72.00 Lewis & Carter, 20 sheep @ 3.60 72.00 Do. 20% do; @ 3.60 72.00 Judge Washington, AV oh @ B= 60.00 Do. 20) dos 3@) 4320 64.00 Lewis & Carter, 207 do. @) 3510 62.00 Do. a) Go, @ Sky 62.00 Do. 20 do. @ 3.10 62.00 Do. 20 do. @ 3.30 66.00 Do. 20 do. @ 3.30 66.00 Do. 20 do. @ 3.10 62.00 Law. Lewis, 20 dO @ie as —— 60.00 Lewis & Carter, 20) do; «@ 3510 62.00 Law. Lewis, 20 do. @~ 2.50 50.00 Lewis & Carter, 20) do; @) 3410 62.00 Do. 20 do. @ 3.— 60.00 Do. 20 do. @ 3.— 60.00 G. W. P. Custis, 1 Ram, 33.00 Judge Washington, 1 do. 12.00 Charles Stuart, 1 do. 3.00 Thos. Diggs, 1 do. 2.50 Lawrence Lewis, 1 West India Ram, 2.— Do. 1 do. do. do. ee Judge Washington, 1 Bull $334.— Colo. Lee, el xdo: 115.— Lewis & Carter, 1 do. 50.— Judge Washington, 1 Cow 105.00 Do. 1 do. 100.— Lewis & Carter, 1 Lot, 5 Cows & Calves 205.00 Sam. Washington 1ixdos 1 do. 205.— Sam. Washington, 1 Lot, 5 Cows & Calves, 170.00 Lewis & Carter, dos 75 do. 190.00 Do. 1 do. do. 200.00 Do. 1 do. 130.00 Do. 1 do. do. 140.00 Do. 1 do. do. 160.00 Do. 1 do. do. 125.00 Do. 1 do. do. 130.— Sam. Washington, 1 do. do. 105.00 Lewis & Carter, 1 do. do. 70.—Public Sales 453 When sold Purchasers Articles sold Amount 1802 July 21st Do. 1 do. do. 80.— Do. 1 do. do. 60.— Sam. Washington, 1 do. do. 85.— Lewis & Carter, 1 do. do. 55.— Do. 1 do. do. 60.— Do. 1 do. do. 50.— Do. 1 do. do. 50.00 Do. 1 do. do. 50.— Do. 1 do. do. 45.00 Do. 1 do. do. 45.00 Do. 1 Lot 5 Cows & Calves, 45.00 Do. 1 47.00 Do. 1 42.00 Do. 1 37.— G. W. P. Custis, 1 35.— Lewis & Carter, 1 37.— Do. 1 37.— Do. 1 32.— G. W. P. Custis, 1 Markee, 161.— Judge Washington, 1 Tent, 11.— Law. Washington, 1 do. 8.— Judge Washington, 1 pack saddle, 2.00 Doct. Stuart, 1 do. do. 1— Law. Lewis, 1 do. do. .50 | Judge Washington, 9 Canteens, 9.00 Lawrence Lewis, 1 Tin Machine, 1.— Mr. Hattersley, 1 Wood Saw, .30 Law. Lewis, 21% doz. Reaping Hooks, 4,— Do. 3 Cutting knives, 2.25 Do. 4 plough irons, 2.75 G. W. P. Custis, 2 whip saws, — Law. Lewis, 1 Malt Mill, 3.— Wm. Robinson, Knight of Malta, 320.— Judge Washington, 1 ream of paper, $4.— Wm. Robinson, 1 do. do. 4,— Judge Washington, 1 Ae Do. 1 Law. Washington, 1 Judge Washington, 1 3.25 W. A. Washington, 1 3.— Law. Washington, 1 Judge Washington, ] Law. Washington, 1 Judge Washington, 1 ] Do. box wafers, 3.25454 When sold 1802 July 21st 1803 Jan’y 3, Appendix IIT Purchasers Law, Washington, Law. Lewis, Howell Lewis, Judge Washington, Edmund I. Lee, Law. Lewis, Do. G. W. P. Custis, Do. Judge Washington, Do. Lawrence Lewis, Judge Washington, Do. Doct. Stuart, Lawrence Lewis, Do. Do. Doct. Stuart, Howell Lewis, G. W. P. Custis, Law Lewis, G. W. P. Custis, Jno. Coffer, Judge Washington, Colo. Washington Judge Washington, Do. Do. Lawrence Lewis, Do. A. Spotswood, Do. Mr. Custis, Mann Page, Bush. Washington, Mann Page, Bush. Washington, Do. Articles sold 1 paper sealing wax, Ido; do: 1 do. do. Copying ink, &c. 1 French Horn, Sheet of copper, Lot of Iron, Screw plate, Trimmer, 1 Hoe, 1 cask of sundries, Rods, Stucko, 1 Pump, Oker, Old locks, Chest of tools, Harrow hoes, Old irons, 1 conductor, 1 do. 1 do. 1 Seine & Rope, 1 old do. 13 Hhds. 1 copying press, 1 Yawl, 75 Hhds. @ 85 Cts., 1 Beef, 39 sheep @ $1.25 39) do: @ 1:50 2 mules, 2 do. 1 gray do. 2 do. 1 do. 2 gray mules 2 do. 2 do. Amount 1— 15 15 1.10 7.— 10.— 1.75 3.00 20 2.— 5.— 2.00 2.50 1.75 25 25 50.— 4.— 4.— -50 -60 50 78.— 20.— 13.— 5.— 38.— 63.75 50.00 8,248.00 48.75 52.50 $8,349.25 401.00 401.— 131.— 315.— 75.— $405.— 350.00 285.—Public Sales 455 When sold Purchasers Articles sold Amount 1803 Jan’y 3 Mr. Custis, 2 do. 401.— Bush. Washington 2 do. 295.— Lawrence Lewis, 2 do. 310.— Mr. Custis, 2 do. 331.— Mr. Custis, 2 Mules, 226.— B. Washington 2 Gray Mules, 235.— Mr. Custis, 2 do. 311.— Law. Lewis, 2 do. 235.— Mr. Custis, 2 do. 295.— Lawrence Lewis, 2 do. 201.— Do. 2 do. 285.— B. Washington, 2 do. 240.00 Mr. Custis, 2 do. 206.— Howell Lewis, 2 do. 226.— Bush. Washington, 2 do. 125.— Mr. Custis, 1 do. 100.— Law. Lewis, 200; 150.— Fieldg. Lewis, 2 Horses 101.— James Anderson, 2 do. 131.— Bush. Washington, 1 do. 43.— Mr. Custis, 1 do. 75.— Dan’l. Dulany, 1 do. 50.— Do. 1 do. 53.— Geo. Rawlins, 1 do. 15.— John Anderson 1 do. 50.— ; G. W. P. Custis, 1 Mule 113.— Davy Gray, 1 Horse 20.— Mr. Custis, 1 pair oxen, 49,— Do. 1 do. 58.— Thos. Peter, 1 do. 32.— Do. 1 do. 70.— B. Washington 1 do. 30.— Do. 1 do. 40.— D. Dulany, 1 do. 31.— Sam. Washington, 1 do. 32.— B. Washington, 1 do. 36. — Do. 1 do. 38.—- Lawrence Lewis, 1 do. 49,— Do. 1 do. 61.— Thomas Peter, 4 Oxen, i —— Bush. Washington 1 Ox Cart, 11.— Do. 1 do. 8.— Mr. Custis, 1 do. 7.— B. Washington, 1 do. 12.— Thos. Peter, 1 Ox Cart 13.—456 When sold 1803 Jan’y 3 1803, Jan’y. 4, Appendix III Purchasers Mr. Custis, Do. Do. Do. Geo. Rawlins, Mr. Custis, Do. Law. Lewis, Do. Mr. Foote, Jno. Kent, Mr. Custis, Law. Lewis Mr. Foote, B. Washington, Do. Law. Lewis, Do. Do. Mr. Custis, B. Washington, Do. Do. Mr. Custis Law. Lewis, B. Washington, Mr. Custis, B. Washington, Do. Do. Mr. Custis B. Washington Do. Do. Thos. Barrett, Law. Lewis, Do. B. Washington, Mr. Custis, Articles sold 1 Horse Cart A cart body, A wagon do. 1 Cart, 1 Horse Cart, 1 Boat Blacksmith’s Tools, = Lot of old hoes, do. do. mattoxes, grubbing hoes &e. do. Hoes, do. Axes, do. Mattoxes, rakes, &e. do. Hoes, do. Swingletrees, do. Hames & traces, do. Swingletrees, do. Hames do. Old Hoes do. hames & an old wheel do. old iron, do. ef do. Hames, do. old iron, do. do. wheel &c., old ploughs, corn drilling machine wheat do. do. Turnip do. do. wheel plough Swingletree, plough do. plough stock, potatoe plough, plough, old ploughs, do. do. do. do. 4 Harrows, je , EH eet Fees pred Pe Pet Fa fd Fed Cy nd FF ed fed ped ed fs) (posal psa pos pss) posal poe gc Amount 7.— 6.75 71.— 5.— $5.50 41.— 71— $8,041.25 2.00 1.60 5.25 3.50When sold 1803 Jan’y. 4, 1803 June 7th, Public Sales Purchasers Bush. Washington, Mr. Custis, Do. Do. Lawrence Lewis, B. Washington, James Caton, Jno. Kent, Michl. Omera, Mr. Foote, Mr. Custis, Mr. Custis W. P. Bayliss Mr. Foote, Mr. Custis, Do. Wm. Spencer Forrester, Isaac Cox, Ben Burton, Do. Lawrence Lewis, Thomas Barrett, Mr. Custis, Bush. Washington, Mr. Custis, B. Washington B. Burton, Mr. Custis, Jno. Kent, Mr. Custis, Do. Do. B. Washington Do. Thos. Peter, Articles sold old do. Old Wheels, 1 Cutting Box $3 — plough shares, 1 do. do. Hackles, 1 Harrow, 2 iron backs Old hames & iron Scales & weights, Peck & 1%4 do. measures, 2 flax wheels, 1 large auger, 4 cradles & scythes, 4 do. old iron, old seythes cards &c., Old wheel, 1 do. 2 do. Old iron &e., Old plank, Wheat fan, do. do. Harrows do. Grindstones, Cutting box, flax break, Old iron, brick moulds, Potatoe Tiddle & 2 wheels, Old seow, 2 large grind stones, 2 Wheels, 1 Harrow & clover machine KS OND & eS _ Nicholas Fitzhugh, 669 A. 0. R. 25 P. of land in Charles County Maryland, @ $5.50............ Doct. T. Peyton, Lot No. 1 on Pitt Street, in Alex- andria, 21 feet 6 in. @ $27.25, 457 Amount 9.— 3.60 9.10 10.70 2.50 4.50 1.68 1.55 1.30 1.40 1.10 $1.40 1.60 2.20 4.20 1.40 1.30 1.20 15 26 12.50 17.50 12.10 2.50 2.50 3.20 .50 20 1.05 56 2.80 6.50 2.50 3.75 $271.02 $3,680.35 587.87 SS esa458 1803 June 7th, Appendix III Do. Lot No. 2 on same street, 20 feet @ $29.25, .... L. A. Washington, Lot No. 3 do. do. 20 feet @ SSO sae aes eens Sia Risin ie cin eae coeva Sick sa nicds seer Do. Lot No. 4, do. do. 20 feet @ $34.—, ........... Do. Lot No. 5, corner of Pitt and Prince Streets, QO uto uN @SO2:205 soc s ccis alee Caen ie ee Burdet Ashton, Lot No. 6, Hugh Barrs lot under ground rent & sold subject thereto 24 feet @ CRYIN C Sond eanemapsoon dsenplodaosoachoons Geo. S. Washington, No. 7, Lunts lot sold as above 245 Tbs 4o1ns | @ Golo ooo. saiacee see Geo. S. Washington, No. 8, unimproved 24 feet @ SOOIOOS sere ec are stele sic secu Stree Ere eee L, A. Washington, No. 9, Gordons Lot fronting on iPrincesstreet,«20 st. @) $50:255 45 42 oe. cae Do: lewdames River Share: ..7.. 450 e ec ee DON dOMd 0s oe thie os coc Rae ee DOS Os Ossie eel ono ole sud cic eis slate Cees DOT CONdON sui iaesians oo esis wie Te ane DOE IG! COs eck se ee aes ols ee ee Andrew Parks, Lot No. 5, Square 667, Washington, LIeSSOusquare) feet, @) 626) Cts, 45. .4e eee ee Thos. Peter, Lot No. 12, in same square, 5,730 SOG (tee Ctssria is cise te wins cians cle olratne oee Genl. Spotswood, Lots No. 19, 20, 12, 11, 13 and as much of the reserved land as will be included by extending the S. E. line of Lot No. 19/, divid- ing this lot from Lot No. 18/ until it intersects Glascocks line on the Mountain and so with that line, being part of the Tract called Ashby’s bent, P2OCACTES MapGseee sacs cs Sl ects ee Lots No. 18, 17, 16, 15, 14 and the balance of the reserved land of the above tract, 725 acres DES ST me Oye eee oe lcs alc ce Robert Lewis, 1,063 acres Land on Chattins Run @eSbil Ore Bee eee ee os ans VRE ee ee Law. Lewis, 554 A. 3 R. of land in Frederick A a ae Pies ses ce ccs Ge LR Goto: Burdit Ashton, Jr., 301 acres land in Wormley’s line; 3827) 3 ae can oe a a rele a ecient Ore Andrew Parks, 310 A. 3 R. 4 P. of land in Berkely ony Bullskins2@ S208 ee sie eine ne ee Bush. Washington, A lott & dwelling house in bath, Do., A lott in COs Re ae Colo. Thos. Lee for Corbin Washington’s heirs, 550 Amount 585.— 605.— 680.— 1,613.33 1,206.— 1,244.55 1,212.— 1,005.— 274.— 276.25 279.75 280.— 281.— 772.83 429.75 4,470.83 6,112.25 8,968.45 1,605.33 7,774.06 320.— 60.—Public Sales 459 1803 Amount June 7th, acres of land on Bullskin in Berkely County S250) eee eect eel ener ah teeke 15,125.— Burdit Ashton, Jr., 359 acres of land Greggs & Bryons lots on Bullskin @ $10.12%4 .........---- 3,634.86 Do., 416 Acres on Do. Dimmits & Riley’s Lotts @ STUDS 5. se lela ene erences cio chica 2,964.— Andrew Parks, Great Meadows 234 Acres @ $5.— 1,170.— Thos. Peter, Lot No. 13 square 667 in Washington City cont’g 3,542 sq. ft @ieas CtSey eek. eer 256.79 Geo. S. Washington, Lot No. 14, in same square 3.321 feet @ 8) Cts. oe me ee ns 265.68 1803 June 5th George Washington, the Mohawk land, 1,000 acres GQ) SBS aie ele eter eto aretale ar e ieletreee $5,000.00 April 10th, Thos. Peter, The Montgomery Land, 519 Acres, (TY ENG, aoc coo pnoocorobnnonopooDOgoDNN Sods 5,475.45 “ 14th, Rob. Lewis, The tract of land at the head of Evens’ Mill Run, 542. A. 3 R. @ £4, ........--+--e+-e- 7,236.66 . S Saml. Washington, 249 A. 3 R. 37 P. land in Hamp- shire @ $20.— ......--.---eeeeeerreseerseree 4,999.06 D2ei ely [ June 5th, Colo. Thornton, 1,240 acres of Land, part of Ashbey’s bent tract @ $8. ...------+++s esses: 9,920.— 32,631.17 Total amount of Sales, .........--+----+--«s0- $124,928.01 At a Court held for Fairfax County the 15th day of July, 1811. This Account of Sales of the Estate of George Washington deceased re- turned and ordered to be recorded. Teste, Wo. Moss, Cl. A Copy — Teste, F, W. Ricuarpson Clerk Recorded in Liber J, No. 1, at folio 359, and Ex. Will Books of Fairfax Co., Va.Appendix IV “cc Extract from the ““ Handbook of Manuscripts in the Library of Con- gress.” (Washington Government Printing Office, 1918, pp. 512 to 515.) GEORGE WASHINGTON The Washington papers were purchased from the Washington family in two separate lots, by the Acts of June 30, 1834, and March 3, 1849, and deposited in the Department of State. They were trans- ferred to the Library from the State Department by Executive Order of March 9, 1903, under authority of the Act of February 23, 1908, and combined with the Washington papers already in the Library, acquired with the Force purchase. The papers have been carefully repaired and when bound will fill 302 royal folio volumes, besides about one hundred volumes of letter copy books, diaries and account books in their original bindings. The papers were first arranged in 1780, by Richard Varick, Wash- ington’s Recording Secretary. He caused to be copied the letters written by Washington, the proceedings of the councils of war and the general orders of the commander in chief, from July 8, 1775, to December 31, 1782. These copies, in forty-four folio volumes, are known as the “ Varick Transcripts.” The original drafts from which the copies were made were tied up with the unarranged letters received by Washington, packed in chests, and, with the volumes of transcripts, carted to Mt. Vernon at the close of the war. They were added to, at the close of Washington’s administration as President, by various letter-book records and miscellaneous loose files of political business, and a mass of documents growing out of the military activities in raising and officering the provisional army in 1798 and 1799. A por- tion of them, which in later years was stored in a warehouse in Alexandria, was destroyed by fire. After the papers came into possession of the Government, the“ Handbook of Manuscripts ” 461 drafts of Washington’s letters were bound up, as classified by Varick, under the direction of Jared Sparks. He made an alphabetical index, which furnishes a working basis of consultation of the larger part of the letters received. In the general series of letters to Washington were grouped the army returns and muster rolls of the Continental forces, forming Nos. 99-108 inclusive of the collection, and amounting to thirty-seven volumes as arranged by Peter Force in 1834. These were transferred by the State Department to the Adjutant General of the Army in the War Department, and are still in the custody of that department. Although arranged in strict chronological order the papers natu- rally group themselves under three heads,— the military, political, and (the largest) the personal and private papers. The personal papers begin with the earliest writings of Washington, at the age of twelve, and end with the diary entry of December 13, 1799. The early papers are school exercises, copies of business forms, rules of etiquette, mathematical problems, survey notes, etc. The financial and personal business papers begin about 1750, and are full as to accounts, expenditures, credits, invoices of goods ordered from Eng- land, tobacco and weaving accounts of the Mt. Vernon estate, cash memorandum books, the poll list of Frederick County and the vestry lists of Fairfax and Truro, lists of tithables, etc. The diaries begin with the journey across the western mountains in 1747, and, with some gaps, come down to the date of his appoint- ment as commander in chief in 1775. It appears that no diary was kept during the war and an attempt commenced in May, 1781, was abandoned in November of that year. The diary record is resumed again in 1784. The total number of original diaries in the possession of the Government is thirty-six and the last one ends with the entry, which is presumed to be his last writing, of December 13, 1799. The letter books, drafts of letters and miscellany of a personal character were discontinued in June, 1775, resumed in 1784, and continue, with some gaps, through the year 1799. From 1789 to 1797 the personal correspondence is less than for other periods. From 1794 to the end the letter-book record is supplemented and often duplicated by the press copies, of which there are many. There is much correspondence, during his administration as Presi- dent, with managers and overseers, relative to the Mt. Vernon estate; but a part of the official correspondence of this period is still in the462 Appendix IV Department of State by virtue of its character of an official adminis- trative record. The military group begins with the French and Indian War, the Braddock expedition, orders, letters, instructions, muster rolls, re- turns, financial accounts of the Virginia militia forces, etc., down to and through the year 1758. The Revolutionary group begins with the speech to Congress, June 16, 1775, accepting command of the army, and ends with the speech at Annapolis, December 23, 1783, when he resigned his commission. There are lists of discharged officers, proceedings of boards of of- ficers, negotiations for the exchange of prisoners, accounts and vouchers of headquarters expenses, etc. The last distinct sub-group under the military papers are the papers relative to the Provisional Army of 1798-1799, which is, in the main, lists of names from which to appoint officers; lists which contain many names of former officers of the Continental Army, with interesting notes of personal qualifications and Revolutionary services. The third main group of the Washington papers is the political. Colonial politics, pre-Revolutionary activities in Virginia, and papers relative to Washington’s short service in the Continental Congress are closely allied to the personal group. The prominent political affairs properly begin with Washington’s inauguration as President in 1789. The major portion of the papers from 1789 to 1797 are in the form of folio record copy and letter books, being letters to the War Depart- ment, letters to and from the Treasury Department, messages and communications between the President and the two houses of Con- gress, the miscellaneous or general correspondence. These record books are supplemented by press copies and drafts, which are not, however, numerous until after the year 1794, and in some instances duplicate the copies entered in the record books. There are compli- mentary and political addresses or documents, sometimes partaking of the nature of protests or memorials, the observations, extracts, sum- maries, memoranda, etc., in Washington’s autograph, of various of the political problems of his administration, and copious summaries of conditions, together with opinions from members of his Cabinet upon certain matters submitted to their consideration; and a journal of the proceedings of the President during 1793-1797, which is a sort of diary of official action taken upon the documents and letters submitted to his consideration.“ Handbook of Manuscripts” 463 This is the collection known as the Washington Papers. Other Washington manuscripts are in the Papers of the Continental Con- gress, the Alexander Hamilton Papers, the Jefferson, Madison and Monroe collections, the Theodorick Bland Papers, the Rochambeau Papers, and a few in the Benjamin Franklin and John Paul Jones Papers. The Library of Congress has issued calendars of the miscellaneous Washington manuscripts (from the Peter Force purchase) that were in its custody prior to the transfer of the Washington Papers from the State Department (Washington, G. P. O., 1901), one volume, and of the latter papers, a calendar of the Washington correspondence with the Continental Congress (Washington, G. P. O., 1906), one volume, and a calendar of the Washington correspondence with the military officers of every rank and in every service during the Revo- lutionary War, 1775-1783 (Washington, GiB OF 1915) tous volumes. 1 There is also a most interesting volume published by the Library of Con- gress entitled, “ Aids and Secretaries to Gen. George Washington, Com- mander in Chief of the Continental Army” (Washington, Go Par Os, 190%); which contains thirty-six reproductions in facsimile, from the originals in the Division of Manuscripts, published under the direction and editorship of Mr. Worthington C. Ford. It includes “all the regularly appointed aids and secretaries, the General Orders, a resolution of the Continental Congress, or a definite statement from the Commander in Chief being the authority. It does not include the many individuals who were transiently at Headquarters and occasionally pressed into service as amanuenses.” An example page of the handwriting of each of these is exhibited in the book. Facsimiles of Washington’s and Mrs. Washington’s handwriting are added. The plates are arranged alphabetically and the roll is such an honorable and noble one that we feel we will be pardoned for reproducing here the list of those who helped Washington through the Revolution in his marvelously great literary record: Thomas Mifflin, Joseph Reed, John Trumbull, George Baylor, Edmund Ran- dolph, Robert Hanson Harrison, Stephen Moylan, William Palfrey, Caleb Gibbs, George Lewis, Richard Cary, Samuel Blatchley Webb, Alexander Contee Hanson, William Grayson, Pierre Penet, John Fitzgerald, George Johnston, John Walker, Alexander Hamilton, Richard Kidder Meade, Peter Presley Thornton, John Laurens, James McHenry, Tench Tilghman, David Hum- phreys, Richard Varick, Jonathan Trumbull, Jr., David Cobb, Peregrine Fitz- hugh, William Stephen Smith, Benjamin Walker, Hodijah Baylies.Appendix V THE JAMES WELCH CORRESPONDENCE? To Washington (End.) Received abt. Nov. 24/97. Dear Sir: This will be handed to you by Mr. James Welch on Greenbryor County who is Desirous to lease your Conhaway lands. I am not acquainted with Mr. Welsh myself only from History and by sight. I know he is in trade at Greenbrier Court house, he brought letters from some of my acquaintances in Augusta wishing me to Introduce him to you by a line. I set out for Congress on Wednesday week. Old Robin my old opponent has been Draging me about the District by notifications taking Depositions for five weeks past but I believe the old man conceives himself Defeated now. I recd. a letter from Presley Newell from Pitsburg of a very late Date who says by way of P. S. to the letter that the post had just arrived with the Intelligence that the Inhabitants of the Natchees have Declared in favor of France and hoisted the White flag, that the Indians had attact fort recovery but were beaten off with the loss of one killed & several wounded. I am afraid for Ellicott, am also afraid of French influence. I have the Honor to be with great esteem Your obt. Servt. Danie, Moraan. To Washington His Excellency George Washington: Sir, I will lease your Land on the Great Kanawa for 99 years (viz) 28,000 acres for which I will give you £50 per Thousand yearly which will amount LOY falters Woes s Riera eye es £1,150 p. year otal: “amountir 40 £113,850 Endorsed — From Mr. James Welch presented 24th Novemr. 1797. 1In Vols. 286 et seg., Washington Mss. in the Library of Congress.The James Welch Correspondence 465 To Washington His Excellency George Washington Sir: I will lease your Land on the Great Kanawa (viz) 23,000 acres in the Manner following to wit e. Twill give you,yannually.) 54: oe ems a $9,583.84 The lease to commence in the year 1800 And I will pay you in the following Manner — Ci inetherT8Ol. i... sao ee ee ee ee $19,166.68 theynext payment) to) be madesin S07 ee ee 47,916.70 im thevyear USlO) i200... eee eee ee 28,750.—2 And after that time I will pay annually............... 9,583.34 for 3 years & from that time forever yearly............ 19,166.68 with the privilege of purchasing the land at eight Dollars p acre at any time in 10 years from the Commencement of the lease on my paying you yearly agreeable to the above proposition for the Term of 10 years. Security to be given for the first payment to be paid in Alexandria, the lease and contract to be null and void on the money not being punctually paid. Your Excellency will please to view the proposals and give me an answer by the Bearer Mr. James Cooper. I am with respect — Sir Your Hbl. Sv.— James WELCH. November 29th. 97. T'o Washington Decr. Ist. 1797 Dear Sir Ever Since the rect of your Letter yesterday I have been trying to obtain the necessary information, which you required; but cannot say that I have recd any satisfactory information with regard to the Person— He says himself that he is an honest man but some seem to doubt it— He has been trading with some of the people in Town but I have not been able to learn anything from any of them yet He certainly seems desirous to get possession both of your Land and mine, but I must own that I am affraid to bargain with him. And think the greatest caution necessary in entering into any Engagement with him— I had your Letter of to day delivered to him by one of my Young men whom he told no Answer was required — [I shall still endeavour to discover what kind of a man he is, and if I do discover his Character & situation I shall immediately inform you— Some of my friends have promised me their Assistance — With great sincerity mom Dear Sir Your Devoted & obed. huml. Ser. Addressed: Jas CRAIK. His Excely. Genl. Washington Mount Vernon.466 Appendix V To James Welch Mount Vernon Ist December 1797 Sir, Your proposition to lease my several tracts of Land on the Great Kanhawa, containing by Patents 23,216 acres, being handed to me by Mr. James Cooper, while I had company, and was just going to dinner, allowed me scarcely time to make a few hasty remarks to him, nor am I much better enabled now I have considered them — to answer your propn — first because I do not understand the principle upon which you have established the rents,— 2dly because I am not inclined to give a lease in perpetuity,— 3dly because my interest will certainly require that I should attend to the manner in which these lands are to be disposed of to subtenants (notwithstanding they may be let to an individual for a certain term) and how they are to be improved — also what proportion of the wood should be reserved for the support of each farm &c. &c. 4thly how the fulfillment of the bargain is to be insured and the Rents secured; for it is not to be presumed that I would place it in the power of anyone to strip the land of all its growth in the course of a few years, leaving me, or my heirs, no other alternative than to repossess it thus injured, or to sell it at an under rate to those who might hold the Woodland back of it. 5thly as I have no doubt of selling these lands for more than eight Dollars pr acre by instalments, if divided into lots of from one to five hundred acres (one fourth of the money to be paid down and the residue in three annual payments with interest) it is hardly to be expected that I would part with the fee simple thereof for eight dollars an acre at any time that might best suit the lessee within ten years. While the Rent, according to your proposition (after two years exemption) is fixed at $9,583 until the year 1801 —and then, if I understand your scheme, but suppose I do not, as (besides lying out of the Rent 6 years) they, contrary to all usage, are reduced instead of being in- ereased. I say an indulgence of this sort — under such circumstances, arising from the sale of 23,000 acres at eight dollars only, would amt. to $11,040 annually from the day of sale. If after giving you this view of my sentiments of your last proposi- tion you should think a personal interview would contribute to the removal of difficulties I shall, as I am rarely from home, except my usual rides between breakfast & dinner be ready to give you it, at any time, that may be convenient to yourself, before you leave Alexandria. I am — Sir — Your very Hble Servant Go. WasHINGTON. Mr. James Welch.The James Welch Correspondence 467 To James Welch Mount Vernon 7th Decr. 1797. Dear Sir: I have revolved the subject of our yesterdays conversation and as you disclosed a spirit of liberality in it, I wish we may agree; but I shall inform you with frankness that to part with the fee simple in my Kanhawa lands is the greatest impediment in the way of our bargaining; and I will, as frankly assign the reasons. It has got about, I do not know how, that eight dollars pr. acre is the price I had fixed upon my Kanhawa lands but that is a mistake, the most I ever said on that subject (unless my memory has failed me much) has been that I had been offered eight dollars an acre for some of my lands on the Ohio of inferior quality (in my estimation) & had refused it,— and it is likely I might have added, that if the whole of my Western lands cd. be disposed of at that rate, that I would accept the offer, but it is to be recollected that this would have included near 10,000 acres on the Ohio, between the Great & Little Kanhawa and 3,000 acres on the little Miami near the mouth thereof. It is well known that I have declared often that no one should have my tract of 10,990 acres on the Great Kanhawa for less than ten dollars per acre, if for that. I know the qualities of it myself well, having been three days on it myself & you yourself observed, yes- terday, that you conceived the other tracts of mine on that River, were very little inferior to it. Notwithstanding this detail and expression of my sense of the value of these lands, I shall candidly acknowledge that the rent you offer for them is as much as could be expected under present circumstances, if the annual payment of it can be secured for the first six years in the manner you have suggested — after which the presumption being, that within that time, for your own security you will take care to have responsible tenants thereon, the risk will be less & the property pos- sessed by them, together with the right of Re-entry may be deemed sufficient. Under this statement of the case I make you the following offer, which comes pretty near to your own proposition,— that is to say as the four tracts on the Kanhawa contain 23,216 acres by the Patents, and by presumption more, you shall have a lease of the whole, with proper covenants, skilfully drawn, for thirty years at the rent of $11,148 pr annum, to become due the last day of Decr. in every year, and payable the first day of Mar. in each — April being an improper season to the operations of the years agriculture., which is equivalent to interest of a sale at $8 per acre and shall be subject thereto in fee within six years from the first day of January next, provided the rents are punctually paid during that time — and pro- vided also, that the sum of $200,000 is paid down at the time of the transfer of the Land in fee simple.—— And that you may be the better468 Appendix V enabled to provide the tenants to do this, the first years Rent (to become due the last of Dec. 1798) shall be only $5,000; and the 2nd. years rent shall be $8,000 only.— 23,216 at $8 would amount to no more than $185,728 but so sure am I that such lands as these must rise in price, that it admits of no doubt, in my mind, that the latter sum paid in a short time & vested in stock (3 pr. cts. particularly) would be more advantageous than the former, at or near the end of the sixth year, I should therefore not hesitate a moment in giving it the preference. At the end of thirty years, if the land before the expiration of six years, is not disposed of in fee simple as above, the lease may be renewed so as to complete ninety-nine years on the same covenants, conditioned however for payment of the annual Rent during that period of $22,286. If these, which are the great outline of the proposed agreement, are acceeded to, there can be little or no difference in opinion with respect to other matters; but it may not be amiss, nevertheless, to add that, the tracts are to be laid off into tenements of a proper size or sizes, say for instance, from one to 300 acres; that suitable build- ings shall be erected and orchards planted, within a limited time, that a certain proportion of the Woodland & Timber on each tenement, shall be reserved for the support thereof &c. &c. as not unusual for the security of the rights of both Landlord and tenant. As you requested to have my sentiments on your proposal today, I have written you this long letter, in haste, if the contents meet your approbation, a line or two will express it or it may be verbally com- municated to, Sir, yr. very Hble Servt. Go. WAsHINGTON. Mr. James Welch. To Washington His Excellency Geo. Washington. Sir: I Received your favor by the Boy, viewed the contents and shall answer it Tomorrow or visit you in person myself. I am your Excellency’s most obt. Sv. James WELCH. December 7th 97. To Washington His Excellency Geo. Washington. Sir: As I wish some longer time to consider on the Business between you & me with respect to your last Letter as it is a matter of Import- ance to me. Tomorrow I shall attend you in person & Deliver you my last proposition. I am sir your Excellency’s obt. Sv. James WELCH. Dec 8th 97. His Excellency Geo. WashingtonThe James Welch Correspondence 469 To Washington Endorsed (by G. W.) From Mr. James Welch handed in by him 9th Decem. 1797. His Excellency Geo. Washington. Sir: I am satisfied to lease your lands agreeable to your proposition in part that is I am willing to comply with your first proposition. I'll give you $5,000 for the first year the lease to commence Jay. Ist 1798 & $8,000 for the 2nd year — $11,143 after that yearly for the Term of 30 years at the expiration of which time I will pay you annually $22,286 until the expiration of 99 years with the privilege of purchas- ing out in 7 years after the Commencement of the lease, the purchase money to be paid in the following Manner $50,000 to be paid in the year 1806 on the Ist of Jay. do annually for 3 years which will amount to the money you ask. I am sir your Excellency’s obt. Sv. James WELCH. N.B. Any part of the Money paid as purchase Money on failure of the payment of the whole shall answer as payment for the Lease agreeable to the proposals herein mentioned the rent to decrease agreeable to the payments, further I wish to remark that I think from 50 to 300 acres will be best siz’d lots to lay of & that as may best suit the lease orchards agreeable to the size of the lots as is common throughout the Inhabited part of the Country & comfortable Country Houses to be erected thereon & left in good order at the end of the Lease. To James Keith Mount Vernon 10th Deer. 1797. Dear Sir: I have just concluded a bargain with Mr. James Welch of Green- brier County, for four tracts of land of which I am possessed on the River Kanhawa or in the County of Kanhawa, now Kanhawa, formerly in sevl. other counties (as you will see by the Patents & conveyances herein enclosed) on the following terms: — that is to say —I agree to lease the said lands, to the said James for the term of 30 years, to commence on the Ist day of January next (1798) at the Rent of $5,000 for the first year, to conclude the 31st of Decr. following, for $8,000 the next year, and from thence until the expiration of the 30 yrs. for $11,143 annually, and for 99 years thereafter on an annual Rent of $22,286. The Rents are always to become due on the afore- said 31st of Decr. in each year and distrainable in two Calendar months thereafter, with express covenants to Re-enter upon the Land, if the same is not regularly and duly paid.470 Appendix V It is further agreed, that the said James Welch not only may, but shall, lay out the aforesaid tracts of land into convenient tenements, of from 50 to 300 acres according to the abilities and force of the applicants, & may let the same, but for no longer term than is granted to himself.— Each tenant being obliged within years to build a com- fortable dwelling house of stone or brick, or of wood with a stone or Brick chimney, build a Barn, plant Orchards and make meadow, suit- able to the size, and is moreover, to be compelled to keep a fourth of the wood timber in reserve (for the support of the premises) until the expiration of the term for which the tracts are granted, Namely 30 years — and ¥% to remain so at the expiration of the further term of 99 years — The Sub Tenants to be subject to all the covenants that the principal is, for the Landlord’s security, except the quantum of Rent, which is to be a matter between themselves. Lastly, it is agreed that the said James Welch, shall have the priviledge of purchasing the fee simple of the aforesaid tracts on the following conditions — that is, if on the 1st day of Jany. which shall be in the year 1804, he shall pay the sum of $50,000 one fourth part of the Rent of $11,143 shall cease for that year, if on the 1st day of Jany. 1805 $50,000 more shall be paid another fourth of the rent shall be diminished for that year, if $50,000 more shall be paid on the first of Jany. in the 1806 another fourth of the rent shall cease for that year, and if on the 1st day of Jany. 1807 $50,000 more shall be paid, then and thereafter, the rents are to cease altogether and the said James Welch is to be seized in fee of the property and a con- veyance thereof is to be made accordingly. But it is understood, and must be clearly so expressed, that in failure of exact payments on or before the days above mentioned, all rights or pretension of right to the purchase of the fee simple, ceases from thence forward, but if the first $50,000 is paid & a failure takes place of the second on the day appointed, then, and in that case the whole Rent of $11,143 recommences from that time and the $50,000 so paid to go in dis- charge of the future rents which it secures in that way, and the same if the 2nd payment is added to the first, and the 8rd fails or the 3rd added to the other two & the 4th fails, the positive agreement being, that nothing less than the whole sum of $200,00 pd. precisely at the times aforesaid, shall entitle the said Welch to a fee simple estate in these lands and that all payments short of the whole sum shall be applied in discharge of the future rents, at the rate of $11,143 per annum, until they are expended in this manner. Being informed that you occassionally employ yourself in draughts of this sort, I apply to you, on this occasion, in preference to any others being persuaded, as it is a matter of importance that you will give due attention thereto. Whether it is usual for the lessor or lessee to pay for documents of this sort I know not — but I will see you compensated. I have told Mr. Welch that I would be in Alex- andria on that day next week, against which time if you could haveThe James Welch Correspondence 471 the draught (in rough copy form) ready, it would be convenient for us both. The right of Re-entry and usual covenants for security of the Landlord, will of course be inserted. Welch is to give me col- lateral security for the payment of the first rents but this will be an after matter. I am Go. WASHINGTON. James Keith Esq. To Washington His Excellency Geo. Washington Sir: I waited on Mr. Keith this morning & he informs me that the writings cannot be finished before Monday and then they can be signed and acknowledged before Court. Therefore shall expect you in then if consistent with your affairs. I am your Excellency’s most obt. servt. James WELCH Dec. 15th 97. To Washington Jany. 1798 Alexandria His Excellency Geo. Washington Sir: I take the liberty of sending to you for copies of the plats of the Land I leased of you. Doctor James Craig informs me you have copies of the plats. I'll take particular care of them & return them to you as quick as I get them copied; a few days ago I happened in company with Mr. Joseph Massey surveyor in the North Western Territory, he mentioned that you cou’d not hold the Lands you claimed on the Miamies, the reason why I do not know, but by applying to Mr. Massey I expect you can get full information. I am Sir your Excellys obt. sv. James WELCH. Certificate Mr. James Welch having signified to me, that he has it in his power to dispose of part of a tract of Ninety nine thousand nine hundred and ninety five acres of land, lying on Elk River in the County of Randolph, conveyed to me in Trust, and proposing to subject other Lands of equal or greater value in lieu thereof, in like trust, and estimating further that it will be an accommodation to him, and a benefit to me, in his payments to make the exchange. I do therefore hereby certifie, that upon the ascertainment of this fact, that is, that the substituted property is of equal value, & free from all disputes & incumbrances, I am willing to receive it in lieu of such part of the aforementioned tract of 99,995 acres as he shall472 Appendix V dispose of, and that I will release my claim accordingly, to the same, upon receiving a proper conveyance of the substituted property — Given under my hand this 11th day of Oct. 1798. G. WasHINGTON, To Welch Mount Vernon 15th Feby. 1799 Sir: The first of January is past and February half gone, without my receiving any money from you; — seeing you or even hearing anything from you on this subject—I am in real want of it, and depended upon your repeated assurances of punctual payment at the time the first Rent became due. I hope I shall not have occasion to remind you of this matter again. I am Sir, Your very Hble. Servant Go. WasHINGTON. Mr. James Welch. To Washington Rockingham County Virgn. March 10th 99 His Excellency George Washington: Sir: No doubt you expected to have seen me some time ago! I do ashure you that sundry disappointments has been the cause that I have not complied with my contract. I am preparing as fast as pos- sible to start 20 Famileyes from this county on to the Kanawa by the time I get thrue that Biseness I expect the young gentleman from Kentucky that I sent them last June in order to sell my Lands for the porpos of Reseing money To pay you; when he arives I hope to have it in my power To make the first payment, if you can with con- venience indulge me at this time and not expose my property to the publick I shall deme it as a grate favour; and be more puntule for the future. You will plese write me by post to this place. With due respect your Hm. Svt. James WELCH. To Welch Mount Vernon April 7th 1799. Sir: I have received your letter of the 10th of March from Rocking- ham County, and although I have no expectation of deriving any payment from your Kentucky Expedition, yet, I will (inconvenient as it is to me) wait a while longer to know the result of it: desiring you to be persuaded meantime, that you have not got a person now, that will be trifled with in your dealings. It would be uncandid, Mr. Welch, not to inform you, that I have heard too much of your character lately, not to expect tale after tale, and relation after relation, of your numerous disappointments,The James Welth Correspondence 473 by way of excuses, for the noncompliance of your agreements with me; — but this I can assure you will not answer your purposes. It is not difficult for a person who has no ground on which to expect a thousand cents, to talk with facility and ease of his expectation of receiving ten times as many dollars — the relation of disappointments in which according to his account, he conceives is quite sufficient to ward off the payment of his own solemn Contracts, & to satisfy his Creditors. I am not unacquainted, Sir, with your repeated declarations of your having purchased my Lands on the Great Kanhawa & endeavouring by that means and such like impositions & misrepresentations to obtain extensive credit where you were not known. Letters, to enquire into the truth of these things, have been written to me on the subject. Be cautious therefore how you provoke explanations that must inevitably, end in your disgrace and entire loss of character. A character is valuable to all men and not less so to a speculator. I will, before I conclude, assure you in the most unequivocal terms of two things. First, that I am in extreme want of the money which you gave me a solemn promise I should receive the first of January last,— and secondly — that however you may have succeeded in im- posing upon and deceiving others, you shall not practice the like game with me, with impunity. To contract new Debts, is not to pay old ones. Nor is it a proof that you have any disposition to do it when you are proposing to buy lands &c &c on credit (or partial advances) which can answer no other purpose than that of speculation— or (if you have them) of withholding the means which ought to be applied in the discharge of engagements & debts, proceeding therefrom, which you are bound by every tie to do. Consider this letter well, and then write without any deception to, Sir, Your very Hbl. Sevt. Go. WAsHINGTON. Mr. James Welch. To Washington Stantown Aprl. 25d. 1799 His Excl. Genrl. Washashington Sir: I reed. yours of the 7th. instant and Take notes to the contents; it gives me much uneseness To think that I am to Suffer by the Miss Representattion To you (by I know not hoo) you Say you have herd To much of my character Lately not To Expect Sundry disapoint- ments; hwo it is that is disposed To inger me I know not nor am I abl to prevent pepel from asarting things that is falee; I know my own Feelings and that my intentiones is not to Trifel with you or Eney other parson (Time will Try all things) Bad as I stand with you at present I am detarmned To prove to you that I am not the474 Appendix V man you now think me to be;— as to my decleretion of haveing purched your Land I do deny I never in my Life menched the trans- action To Eney parson but have been frequently asked if I had purched you Land and have answered Yese if Further inquiry was made. I told the parseon or parseons that the purches depended on the payment of a Large Sum of money at a futer day; as to my indevering to obtain credet in concequence of haveing Transacked Bisenes with you; I do deny I am not a man that inqires into Other peppeles Bisenes nor do I make it my Bisenes To tell my Bisenes to Eney parseon; as to my contraction other Debts I do ashure you Sir that the onely Debt I have contracked since you and I had Dealings Was the purches of Two thousand pounds worth of Goods at 18 Monthes credet; these Goods was aplied to The Starting of ireon works and to be paid out of the produc of the Same the Works is now agowing; this transaction Toke plac Last winter and was dun in order to inable me To make payments to you if other Recorces should fail) I do a shure you that in all my tranactions I have made it my Study To fix my property in Such a way as To make me abel to pay you; as to my proposing to purch Lands on credet or for cash since I delt with you I do deny Sundry aplecations has Been made To me but my answer was that my present circumstance wold not admit of me perching I have Exchanged a considerabl quanty of my Lands for other Lands this was also dun in order that I may be abel to pay you I ad no more at present you may be Sure of Seeing me at your plac in the corce of Next Month. I am Sir your Very Hbl. Sarvent James WELCH. To Washington Fredrecksburg May 16th 1799 His Excl Genrl George Washington Sir I find it out of my power To Rese the money in this place; that I am at this time indebted to you; Money is Verry Scarce amoung the marchanes of this place, the cannot be temped to advance money for paper that has Longer than 60 dayes To Run; the paper that I have will be Due on the 25th day of Novembr Next it is Well Securd and Will be puntuelly paid that you Shall have I start this day for Greenbrere and Will procede on to Kentuckey or Send my Brother in order to Rese money for you; this you may depend upon that I will Exart my Self to Rese the money Due you and will make Every a Rengement in my power To be more puntul With you for the future; at Eney Time you Wold think proper To Wright me dereck your Leter to Stantown from that it Will be Sent to me. I am With Due Despt Your Hm Sarvent James WELCH. N.B. if you dont find it consistant with your Self to Giv me a LitelThe James Welch Correspondence AT5 indulgence Let me know and I Will cum down and Giv up the Bargeon and Sacrafise as much of my Property as Will Rese a Sum of money as may be thougt Reseanble for disapointment, the Exposeing of my property To the publick will a meduately prevent the Setelment of the Land from Gowing on of corce that wold prevent me from holding the Bargeon; for my own credet and the Good of that country I prefer Coming to Eney tarmes you may lay down that is Resenabl I have no dout that Eney you will Shall be So.Appendix VI WILETOR GW. Pa CUSRIS In the name of God, amen. I, George Washington Parke Custis, of Arlington House, in the county of Alexandria and State of Virginia, being sound in body and mind, do make and ordain this instrument of writing as my last will and testament, revoking all other wills and testaments whatever. I give and bequeath to my dearly beloved daughter and only child, Mary Ann Randolph Lee, my Arlington House estate, in the county of Alexandria and State of Virginia, con- taining eleven hundred acres, more or less, and my mill on Four-Mile Run, in the county of Alexandria, and the lands of mine adjacent to said mill, in the counties of Alexandria and Fairfax, in the State of Virginia, the use and benefit of all just mentioned during the term of her natural life, together with my horses and carriages, furniture, pictures, and plate, during the term of her natural life. On the death of my daughter, Mary Ann Randolph Lee, all the property left to her during the term of her natural life I give and bequeath to my eldest grandson, George Washington Custis Lee, to him and his heirs forever, he, my said eldest grandson, taking my name and arms. I leave and bequeath to my four granddaughters, Mary, Ann, Agnes, and Mildred Lee, to each ten thousand dollars. I give and bequeath to my second grandson, William Henry Fitzhugh Lee, when he shall be of age, my estate called the White House, in the county of New Kent and State of Virginia, containing four thousand acres, more or less, to him and his heirs forever. I give and bequeath to my third and youngest grandson, Robert Edward Lee, when he is of age, my estate in the county of King William and State of Virginia, called Romancock, containing four thousand acres, more or less, to him and his heirs forever. My estate of Smith’s Island, at the capes of Virginia, and in the county of Northampton, I leave to be sold to assist in paying my granddaughters’ legacies, to be sold in such manner as may be deemed by my executors most expedient. Any and all lands that I may possess in the counties of Stafford, Richmond, and Westmoreland, I leave to be sold to aid in paying my granddaughters’ legacies. I give and bequeath my lot in square No. 21, Washington city, to my son-in-law, Lieut. Col. Robert E. Lee, to him and his heirs for- ever. My daughter, Mary A. R. Lee, has the privilege, by this will,Will of G. W. P. Custis AT7 of dividing my family plate among my grandchildren, but the Mt. Vernon altogether, and every article I possess relating to Washington and that came from Mt. Vernon is to remain with my daughter at Arlington House during said daughter’s life, and at her death to go to my eldest grandson, George Washington Custis Lee, and to descend from him entire and unchanged to my latest posterity. My estates of the White House, in the county of New Kent, and Romancock, in the county of King William, both being in the State of Virginia, together with Smith’s Island, and the lands I may possess in the counties of Stafford, Richmond, and Westmoreland counties are charged with the payment of the legacies of my granddaughters. Smith’s Island and the aforesaid lands in Stafford, Richmond, and Westmoreland only are to be sold, the lands of the White House and Romancock to be worked to raise the aforesaid legacies to my four granddaughters. And upon the legacies to my four granddaughters being paid, and my estates that are required to pay the said legacies being clear of debt, then I give freedom to my slaves, the said slaves to be emanci- pated by my executors in such manner as to my executors may seem most expedient and proper, the said emancipation to be accomplished in not exceeding five years from the time of my decease. And I do constitute and appoint as my executors Lieut. Col. Robert Edward Lee, Robert Lee Randolph, of Eastern View, Rt. Rev. Bishop Meade, and George Washington Peter. This will, written by my hand, is signed, sealed, and executed the twenty-sixth day of March, eighteen hundred and fifty-five. George Wasuineton Parke Custis. (SEAL) 26th March, 1855. Witness: Marrua Custis WILLIAMS. M. Eveene WEBSTER.Appendix VII WILL OF MARY C. LEE In the name of God, amen. I, Mary Custis Lee, widow of General Robert E. Lee, do make, publish, and declare this as my last will and testament. In compliance with the wishes expressed in the last will and testa- ment of my deceased husband, Robert E. Lee, and by virtue of the power and authority therein conferred upon me, I appoint and direct as follows: First. That owing to an arrangement between my children satis- factory to them, and my sons W. H. F. Lee and Robert E. Lee having in writing relinquished all benefit, present or prospective, in the estate of their father, Robert E. Lee, deceased, it is my will and desire, in view of said agreement and relinquishment, that the said W. H. F. Lee and Robert E. Lee be excluded from any participation in the estate of said Robert E. Lee, deceased. Second. It is my will and desire, and I do so appoint and direct, that all of the estate of the said Robert E. Lee shall, upon my decease, be equally divided between my son G. W. Custis Lee and my three daughters, Mary, Mildred, and Agnes, share and share alike, each taking one equal fourth part. Third. Should my son, G. W. Custis Lee, recover the estate called Arlington, situated in the county of Alexandria, Va., or be paid therefor by the Government of the United States, then, and in that event, it is my will and desire, and I so appoint and direct, that the one-fourth part of his father’s estate given to him, the said G. Custis Lee, in the foregoing clause of my will, shall pass and belong to my three daughters above named, in equal portions. I appoint my sons G. W. Custis Lee and W. H. F. Lee executors of this my last will and testament without security. Given under my hand and seal this 9th day of june, A. D. 1873. Mary Custis Lex. Witnesses: A. M. Lez. Francis G. Smirn.Appendix VIII THE WILL OF ROBERT E. LEE I, Robert E. Lee of the U.S. Army, do make ordain & declare this instrument to be my last will & testament revoking all others. 1. All my debts, whatever they may be, & of which they are but few, are to be punctually, & speedily paid. 2. To my dearly beloved wife Mary Custis Lee I give & bequeath the use profit & benefit of my whole Estate real & personal, for the term of her natural life, in full confidence that she will use it to the best advantage in the education & care of my children. 3. Upon the decease of my wife it is my will & desire that my Estate be divided among my children, in such proportions to each, as their situations & necessities in life may require; and as may be designated by her; and I particularly request that my second daugh- ter Anne Carter, who from an accident she has recd. in one of her eyes, may be more in want of aid than the rest, may if necessary be particularly provided for. Lastly I constitute & appoint my dearly beloved wife Mary Custis Lee & my eldest son George Washington Custis Lee (when he shall have arrived at the age of twenty one years) executrix & executor of this my last will & testament, in the construction of which I hope & trust no dispute will arise. In witness of which I have set my hand & seal this thirty first day of August in the year one thousand eight hundred & forty six. R. E. Lee (sear) Witness Frep A. SMITH Capt. ENnars R. CruiksHANK Schedule of Property 100 Shares of the Stock of the Bank of Virginia Richmond ...........--+-+++-- $10,000.00 39 Shares of the Stock of the Valley of Virginia Winchester ......---.--+++-- 3,900.00 $6,100 of Jas. R. & Kanawha Compy. Bonds) e065 cccgs ene e citer: cae ene 6,100.00 $2,000 Virginia 6 per cent State Bonds... 2,000.00 $2,000 Phil: Wil: & Baltimore Rios 6 per cent loan.......-+-++seee reece 2,000.480 Appendix VIII $2,000 Bonds of Kentucky 6 pr. cts ...... 2,000. 6 per cts Bonds of the State of Ohio..... 5,000. Bond of John Lloyd & wife;.3:........ 3,000. Bonds of Workner & Rice of Louis Engel, SEMUOniSMMOn en oe re 4,500. 1 Share of Nat: theatre, Washington City 250. $38,750.00 Nancy & her children at the White House New Kent all of whom I wish liberated, so soon as it can be done to their advantage & that of others. An undivided third part of the tract of land in Floyd Va. devised to me by my mother, of which I am negotiating a sale with M. N. Burwell for $2,500. My share of property in Hardy Va belonging to the estate of my father. My share of a claim of the property leased to the Government by my father at Harpers Ferry & believed to belong to his estate. My share or ¥4 of 200 acres of land in Fairfax Co. Va. R. E. Lex: At Rockbridge County Court November 7th, 1870. The last will and testament of Genl. R. E. Lee was produced in Court and the hand writing of the testator as well in the body of the will as the signature thereto & the schedule thereto attached, was proved by the oaths of Govr. I. Letcher and Col. Wm. Allen, to be the genuine hand-writing of the testator and ordered to be recorded. And on the motion of George Washington Custis Lee the Executor named in the will who made oath thereto and together with Mrs. Mary C. Lee, W. H. F. Lee, and R. E. Lee his securities who justified as to their sufficiency entered into and acknowledged a bond in the penalty of $100,000.00 conditioned according to law — Certificate is granted him for obtaining a probat of said will in due form and said bond is ordered to be recorded. And Mrs. Mary C. Lee the Executrix named in the will not now desiring to qualify reserved the right to join in the probate & qualify hereafter. And it is ordered to be entered of record that the estate passing by the will was estimated not to exceed $50,000.00 that $1.00 stamp duty was paid on the executors bond $25.00 on the probate of said Will and $50.00 State tax. Teste Jno. F. Greentree D. C. A copy Teste: A. T. Suriexps, Clerk.Appendix 1X PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, ON THE PRESENTA: TION OF THE SWORD OF WASHINGTON AND THE STAFF OF FRANKLIN, FEBRUARY 7, 1843. In the House of Representatives of the United States. Washing- ton, February 7, 1843. Mr. Summers, one of the Representatives from the State of Vir- ginia, rose, and addressed the House as follows: Mr. Speaker: I rise for the purpose of discharging an office not connected with the ordinary business of a legislative assembly. Yet, in asking permission to interrupt, for a moment, the regular order of parliamentary proceedings, I cannot doubt that the proposition which I have to submit will prove as gratifying as it may be unusual. Mr. Samuel T. Washington, a citizen of Kanawha county, in the Commonwealth of Virginia, and one of my constituents, has honored me with the commission of presenting, in his name and on his behalf, to the Congress of the United States, and through that body to the People of the United States, two most interesting and valuable relics connected with the past history of our country, and with men whose achievements, both in the field and in the cabinet, best illustrate and adorn our annals. One is the Sword worn by George Washington, first as a Colonel in the Colonial service of Virginia, in Forbes’s campaign against the French and Indians, and afterwards during the whole period of the war of Independence as Commander-in-chief of the American army. It is a plain couteau, or hanger, with a green hilt and silver guard. On the upper ward of the scabbard is engraven, “J. Bailey, Fish Kill.” It is accompanied by a buckskin belt, which is secured by a silver buckle and clasp, whereon are engraven the letters “G. W.” and the figures “1757.” These are all of the plainest workmanship, but substantial, and in keeping with the man and with the times to which they belonged. The history of this sword is perfectly authentic, and leaves no shadow of doubt as to its identity. The last will and testament of General Washington, bearing date on the 9th day of July, 1799, con- tains, among a great variety of bequests, the following clause: “To. each of my nephews, William Augustine Washington, George482 Appendix 1X “Lewis, George Steptoe Washington, Bushrod Washington, and “Samuel Washington, I give one of the swords or couteaux of which “I may die possessed; and they are to choose in the order they are named. These swords are accompanied with an injunction not to “unsheath them for the purpose of shedding blood, except it be for “ self-defence, or in defence of their country and its rights; and, in “the latter case, to keep them unsheathed, and prefer falling with “them in their hands to the relinquishment thereof.” In the distribution of the swords hereby devised among the five nephews therein enumerated, the one now presented fell to the share of Samuel Washington, the devisee last named in the clause of the will which I have just read. This gentleman, who died a few years since in the county of Kanawha, and who was the father of Samuel T. Washington, the donor, I knew well. I have often seen this sword in his possession, and received from himself the following account of the manner in which it became his property in the division made among the devisees: He said that he knew it to have been the side-arm of General Washington during the Revolutionary war; not that used on occasions of parade and review, but the constant service sword of the great chief; that he had himself seen General Washington wear this identi- cal sword, he presumed, for the last time, when, in 1794, he reviewed the Virginia and Maryland forces, then concentrated at Cumberland under the command of General Lee, and destined to co-operate with the Pennsylvania and New Jersey troops, then assembled at Bedford, in suppressing what has been called the “ Whiskey Insurrection.” General Washington was then President of the United States, and as such was commander-in-chief of the army. It is known that it was his intention to lead the army in person upon that occasion had he found it necessary, and he went to Bedford and Cumberland prepared for that event. The condition of things did not require it, and he returned to his civil duties at Philadelphia. Mr. Samuel Washington held the commission of a captain at that time himself, and served in that campaign, many of the incidents of which he has related to me. He was anxious to obtain this particular sword, and preferred it to all the others, among which was the ornamented and costly present from the great Frederick. At the time of the division among the nephews, without intimating what his preference was, he jocosely remarked, “that inasmuch as he was the only one of them then present who had participated in military service, they ought to permit him to take choice.” This sug- gestion was met in the same spirit in which it was made; and, the selection being awarded him, he chose this, the plainest, and, in- trinsically, the least valuable of any, simply because it was the “ Battle Sword.” I am also in possession of the most satisfactory evidence, furnished “ecProceedings in Congress 483 by Colonel George C. Washington, of Georgetown, the nearest male relative now living of General Washington, as to the identity of this sword. His information, as to its history, was derived from his father, William Augustine Washington, the devisee first named in the clause of the will which I have read; from his uncle, the late Judge Bushrod Washington, of the Supreme Court; and Major Lawrence Lewis, the acting executor of General Washington’s will —all of whom concurred in the statement that the true service sword was that selected by Captain Samuel Washington. It remained in this gentleman’s possession until his death, esteemed by him the most precious memento of his illustrious kinsman. It then became the property of his son, who, animated by that patriotism which so characterized the “ Father of his Country”, has consented that such a relic ought not to be appropriated by an individual citizen, and has instructed me, his representative, to offer it to the nation, to be preserved in its public depositories as the common property of all, since its office has been to achieve and secure the common liberty of all. He has, in like manner, requested me to present this Cane to the Congress of the United States, deeming it not unworthy the public acceptance. This was once the property of the philosopher and patriot, Ben- jamin Franklin. By a codicil to his last will and testament, we find it thus dis- posed of: “My fine crab-tree walking stick, with a gold head, curiously ‘wrought in the form of the cap of Liberty, I give to my friend, “and the friend of mankind, General Washington. If it were a ‘““sceptre, he has merited it, and would become it.” General Washington, in his will, devises this cane as follows: “Ttem. To my brother, Charles Washington, I give and bequeath “the gold-headed cane left me by Dr. Franklin in his will.” Captain Samuel Washington was the only surviving son of Charles Washington, the devisee from whom he derived, by inheritance, this interesting memorial; and, having transmitted it to his son, Samuel T. Washington, the latter thus seeks to bestow it worthily, by asso- ciating it with the battle sword in a gift to his countrymen. I cordially concur with Mr. Washington in the opinion that they each merit public preservation; and I obey, with pleasure, his wishes in here presenting them, in his name, to the nation. Let the sword of the Hero and the staff of the Philosopher go together. Let them have place among the proudest trophies and most honored memorials of our national achievements. Upon that staff once leaned the sage, of whom it has been said, “He snatched the lightning from heaven, and the sceptre from tyrants.” A mighty arm once wielded this sword in a righteous cause, even484 Appendia 1X unto the dismemberment of empire. In the hand of Washington, this was “the sword of the Lord, and of Gideon.” It was never drawn except in the defence of public liberty; it was never sheathed until a glorious and triumphant success returned it to the scabbard, without a stain of cruelty or dishonor upon its blade; it was never surrendered except to that country which be- stowed it. Mr. Summers, having concluded his address, delivered the Sword and Staff to the Sergeant-at-arms of the House, who bore them to the Speaker, the latter rising from his seat to receive them. Mr. John Quincy Adams, one of the Representatives from the State of Massachusetts, then addressed the House as follows: In presenting the resolution which I hold in my hand to the House, it may perhaps be expected that I should accompany it with some remarks suitable to the occasion; and yet, sir, I never rose to address this House under a deeper conviction of the want of words to express the emotions that I feel. It is precisely because occasions like this are adapted to produce universal sympathy, that little can be said by any one, but what, in the language of the heart, in tones not loud but deep, every one present has silently said to himself. My respected friend from Virginia, by whom this offering of patriotic sentiment has been presented to the Representative Assembly of the nation, has, it seems to me, already said all that can be said suitable to this occasion. In parting from him, as, after a few short days, we must all do, it will, on my part, be sorrowing that in all probability I shall see his face and hear his voice no more. But his words of this day are planted in my memory, and will there remain till the last pulsation of my heart. The sword of Washington! The staff of Franklin! Oh, sir, what associations are linked in adamant with those names! Washington, the warrior of human freedom — Washington, whose sword, as my friend has said, was never drawn but in the cause of his country, and never sheathed when needed in his country’s cause! Franklin, the philosopher of the thunderbolt, the printing press, and the plough- share! What names are these in the scanty catalogue of the bene- factors of human kind! Washington and Franklin! What other two men, whose lives belong to the eighteenth century of Christendom, have left a deeper impression of themselves upon the age in which they lived, and upon all after time! Washington, the warrior and the legislator! In War, contending by the wager of battle for the inde- pendence of his country, and for the freedom of the human race; ever manifesting, amidst its horrors, by precept and example, his reverence for the laws of Peace, and for the tenderest sympathies of humanity: in Peace, soothing the ferocious spirit of discord, among his ownProceedings in Congress 485 countrymen, into harmony and union, and giving to that very sword now presented to his country a charm more potent than that attributed in ancient times to the lyre of Orpheus. Franklin! the mechanic of his own fortune, teaching, in early youth, under the shackles of in- digence, the way to wealth, and in the shade of obscurity the path to greatness; in the maturity of manhood, disarming the thunder of its terrors, the lightning of its fatal blast, and wresting from the tyrant’s hand the still more afflictive sceptre of oppression: while descending into the vale of years, traversing the Atlantic ocean, braving in the dead of winter the battle and the breeze, bearing in his hand the charter of Independence, which he had contributed to form, and tendering, from the self-created nation to the mightiest monarchs of Europe, the olive branch of peace, the mercurial wand of commerce, and the amulet of protection and safety to the man of peace, on the pathless ocean, from the inexorable cruelty and merciless rapacity of war. And, finally, in the last stage of life, with four score winters upon his head, under the torture of an incurable disease, returning to his native land, closing his days as the Chief Magistrate of his adopted Commonwealth, after contributing by his counsels, under the Presidency of Washington, and recording his name, under the sanc- tion of devout prayer invoked by him to God, to that Constitution under the authority of which we are here assembled, as the Repre- sentatives of the North American People, to receive, in their name and for them, these venerable relics of the wise, the valiant, and the good founders of our great confederated Republic — these sacred symbols of our golden age. May they be deposited among the archives of our Government! and may every American who shall hereafter behold them ejaculate a mingled offering of praise to that Supreme Ruler of the Universe by whose tender mercies our Union has been hitherto preserved through all the vicissitudes and revolutions of this turbulent world, and of prayer for the continuance of these blessings, by the dispensations of his Providence, to our beloved country, from age to age, till Time shall be no more! The resolution moved by Mr. Adams is as follows: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of this Congress be presented to Samuel T. Washington, of Kanawha county, Virginia, for the present of the sword used by his illustrious relative, George Washington, in the military career of his early youth in the seven years’ war and throughout the war of the National Inde- pendence, and of the staff bequeathed by the patriot, statesman, and sage, Benjamin Franklin, to the same leader of the armies of Freedom in the Revolutionary war, George Washington. That these precious relics are hereby accepted in the name of the Nation; that they be %486 Appendix IX deposited for safe keeping in the Department of State of the United States, and that a copy of this resolution, signed by the President of the Senate and the Speaker of the House of Representatives, be trans- mitted to the said Samuel T. Washington. The said resolution was read; and the question was put, Shall it pass? And passed in the affirmative, unanimously. It was then, on motion of Mr. Taliaferro, Ordered, That the addresses of Mr. Summers and Mr. Adams be entered on the Journal; that the resolution be taken to the Senate by the Clerk, accompanied by the sword and staff, with a request that the Senate will concur in the said resolution. The House then adjourned until to-morrow. The following are the letters referred to in the address of Mr. Summers: Coal’s Mouth, Kanawha County, (Va.,) January 9, 1843. My Dear Sir: With this you will receive the war sword of my grand uncle, General George Washington, and the gold-headed cane bequeathed to him by Dr. Benjamin Franklin. These interesting relics I wish to be presented, through you, my dear sir, to the Congress of the United States, on behalf of the nation. Congress can dispose of them in such manner as shall seem most appropriate, and best calculated to keep in memory the character and services of those two illustrious founders of our republic. I am, with esteem, yours, SamMuet T. WASHINGTON. Hon. George W. Summers, House of Representatives. Georgetown, January 31, 1843. Dear Sir: I have before me your letter of the 30th instant, request- ing me to give you any information in my possession in relation to the sword placed in your hands by Mr. Samuel T. Washington, (alleged to have been the service sword of General Washington during the revolutionary war,) and which he has instructed you, in his name, to present to the Congress of the United States. General Washington, by his will, made disposition of his swords in the following words: ‘“‘ To each of my nephews, William Augustine ‘““Washington, George Lewis, George Steptoe Washington, Bushrod ‘““ Washington, and Samuel Washington, I give one of the swords, or “ couteaux, of which I may die possessed; and they are to choose inProceedings in Congress 4.87 “the order they are named. These swords are accompanied with an ‘injunction not to unsheath them for the purpose of shedding blood, “except it be for self-defence, or in defence of their country and its “rights; and in the latter case, to keep them unsheathed, and prefer “ falling with them in their hands to the relinquishment thereof.” Two of these swords are in my possession, being devised to me, the one by my father, William Augustine Washington, and the other by my uncle, the late Judge Bushrod Washington. The descendants of George Lewis and George Steptoe Washington have two other of these swords, and that in your charge is without doubt the one which was selected by Colonel Samuel Washington. My father was entitled to the first choice under the will, but was prevented by indisposition from attending at Mount Vernon when the distribution took place, and Judge Washington selected for him the most finished and costly sword, with which associations were con- nected highly complimentary to General Washington; but I often heard my father say that he would have preferred the sword selected by Colonel Samuel Washington, from the fact that it was used by the General during the revolutionary war. I have at different times heard similar statements as to this fact made by Colonel Samuel Washington, Judge Washington, and Major Lawrence Lewis, and am not aware that it has been questioned by any member of the family. The sword was represented to me as being a couteau, with a plain green ivory handle. I entertain no doubt whatever as to the identity of this sword, and hope that the information I have given may prove satisfactory. I am, very respectfully, your obedient servant, G. C. WASHINGTON. Hon. George W. Summers, House of Representatives. In Senate of the United States, February 8, 1843. A message from the House of Representatives, by Mr. Clarke, their Clerk: Mr. President: The House of Representatives have passed a reso- lution presenting the thanks of Congress to Samuel T. Washington, for the service sword of George Washington and the staff of Benjamin Franklin; in which they request the concurrence of the Senate. The sword and staff accompany the resolution. The Senate proceeded, by unanimous consent, to consider the reso- lution; when Mr. Archer rose, and said that, as the grounds of a proceeding sent from the other House of Congress to this, for concurrence, could not be assumed to be known necessarily, and the resolution before the Senate imparted a distinguished compliment to a native of his own State, he had been advised, and had yielded to the admonition, that488 Appendia IX a few words from one of the Senators of Virginia might be regarded as not inappropriate, and perhaps be expected, in explanation of the resolution. It was known to every member of the Senate that General Washington, by his will, had bequeathed swords to five of his nephews. One of these swords, plain and the least valuable according to ordi- nary estimates of value, the gentleman to whom the first choice had been permitted had had the just taste to prefer, as that which his glorious ancestor had invariably worn, in real service, from the period of early life, when he had, in the cause of his country, then in a colonial condition, first commended himself to honor, and through the entire progress of that great conflict which had resulted in the estab- lishment of our liberties and of his immortal renown. There was not room for a question that the weapon which had just been laid on the table of the President was the identical one to which these interesting associations attached. It might have been proper for him to have stated the evidences of this fact, but the task had already been dis- charged by his colleague and friend in the other House, who had yes- terday, in fulfilling the office of presenting these relics to the nation, added another wreath to the honor of being selected for the function, by the chaste, appropriate, and beautiful address — in entire keeping with the simplicity of the memorial and of the character of its illus- trious proprietor — with which he had gratified that body. There might be persons, Mr. Archer said, disposed to regard the reception of memorials so slight as a sword and a cane as not in keeping with the dignity of a Senatorial body. If such there were, he (Mr. A.) was not to be included in the number of them. The disposition he indulged was widely different. Nor was such the thought of our great precursors in the love and maintenance of lib- erty in the ancient Republics. They had the practice, and regarded it as inestimable, of erecting statues to great departed worth. And why? Could the reason be any other but the effect to keep alive the principle of generous virtue, by presenting and keeping perpetually before the eyes the symbols of its authors? Mr. Archer said that, for his own part, he thought that slighter memorials than statues and mausoleums were far more conducive to this effect, where they had appertained to the common use — been connected with the offices of service — shed a light on the peculiarities of temper or habitude or achievement of the persons to which they related. If this remark were just, how applicable, above all others, to Washington, and this symbol, his sword, the type in its simplicity of his character, in its office of his achievements! WASHINGTON! the only name requiring no eulogy, for the name itself comprehended all eulogy. It had been said by one of the most eminent public men of the age, himself the subject of a Monarchy, (Lord Brougham,) that “ of uninspired men Washington was to be esteemed incomparably the greatest.” Nor was this to be regarded as exaggerated praise, when it was recollected that greatness was to be measured, not byProceedings in Congress 489 virtue only, but a combined consideration of its effects ; and this same consideration proved that no man great as Washington could perhaps now live. Men, not the inferiors of Washington in virtue and in wisdom, might come into existence, but to the fullest development of grandeur of character, circumstances must conspire, and form no unimportant part; and no man could again be placed in circumstances such as marked the situation of Washington. Many men, it was to be hoped, were destined, in that progress of free institutions which marked the character of the age, to be the founders of liberty for their own countries and times; but what was the peculiarity of the position and office of Washington? He was probably appointed, by the ordi- nation of Providence, to prove the founder of liberty for the human race in all times. From the germ which he had planted promised to spread the influence which was destined, it might be hoped, to gather nation after nation under its shadow, and to yield the life-sustaining fruit to all periods in succession. And Franklin, whose name was associated with Washington’s in the presentation of these relics! How curious the coincidence that they should have been associated by such symbols! FRANKLIN, second only to Washington as one of the founders of our Republic, in science a founder greater still! Recent developments made it not improbable that the power of which Franklin had been the first to bring us acquainted with its laws, was the one the most efficient and diffused through the entire processes of physical nature; the thorough knowledge of which was to produce results the most imposing and most important which had ever been unlocked to human vision! These were the men associated with the relics now presented to us, and which, as emblems, these relics were appropriate to recall to memory whenever they were viewed; to inspire admiration of the wisdom they had displayed, gratitude for the benefits they had rendered, venera- tion for the virtue which had adorned them! We had been accus- tomed to call these illustrious men ours. But the time would come when they would equally be exalted as benefactors of human kind, as they had been ours, and their fame the property of their whole race. Dr. Franklin, in the bequest of the cane to General Washington, which was now exhibited to us, had said that he gave it to his friend, and the friend of mankind, who, had it been a sceptre, would have deserved it. And the sceptre that friend has attained which he de- served. It had been an expression, in the ceremonial offices which occurred on the death of Washington, that he was throned in the hearts of his countrymen. The expression fell far short of the full extent of his destiny. It was to be throned in the homage — in the admiration — no! these did not convey the just phrase — in the bound- less veneration of mankind ! Mr. Archer said he would no longer be the impediment to the ex- pression of the acclaiming sentiment which he knew beat in the bosom| 490 Appendix LX of every Senator, to respond, even by the tribute of this humble resolution, to the great titles of Washington and Franklin to our affection, gratitude, and reverence. Mr. Archer having concluded, the question was put, and it was Resolved, unanimously, That the Senate concur in the resolution. On motion of Mr. Archer, the Senate then adjourned.INDEXIndex [Figures in bold face type refer to the literal copy of the Will.]J “ ABINGDON ”, the Custis estate on the Potomac, 224, 227 Accounts, the executors’, 349-363; made in two courts, 349; in the County Court of Fairfax County, 349-354 * Accounts of G. Washington with the United States, commencing June, 1775, and ending June, 1783, com- prehending a space of 8 years”, 151 Adams, Daniel Jenifer, purchase of Charles County farm from, 261-262 Adams, Herbert B., tribute to Wash- ington’s genius, 35; “ Life and Let- ters of Jared Sparks”, 148 Adams, John, quoted, 238 Administration, length of time in- volved in, of the estate, 3 Advertisement, of Western lands in the Maryland and Baltimore Jour- nal, 342-343 Advice to executors and residuary legatees, 67 “ Aids and Secretaries to Gen. Wash- ington, Commander in Chief of the Continental Army”, Library of Congress, 463 n. Alexandria, Virginia, interests in, 14; house and lot in, bequeathed to wife, 42; the Will probated in, al- though not then in Fairfax County, 84-86; his aid in establishing bank in, 132; real estate in, conveyed to executors by McClean, 335 Alexandria Academy, the bequest to, 45-47; establishment and first building of the, 169; letters to Trustees of, 170-171; chartered by the legislature, 171-172 Anderson, James, his superintendent, 15, 219, 377 Anderson, Richard C., letter to, quoted, 314; letter from, quoted, 315 Appraisers, appointed by the Court, 86, 87-88; delayed filing of report of, 86 Arbitration, Washington’s faith in, 3; disputes to be settled by, 36, 69 Arbitrators, method of appointing, under the Will, 3 “ Arlington”, the G. W. P. Custis estate, 227, 229, 230 Ashby’s Bent tract of land, sale of, 291 Ashton, Burdet, 21 Ashton, Mrs. Burdet, 21; bequest to heirs of, 65; the heirs of, and the devise of Mount Vernon, 201 “ Audley”, the later home of Mrs. Lawrence Lewis, 294 Augusta Academy. See LIBERTY Hatt ACADEMY “ Authenticated copy of the Last Will and Testament of George Washing- ton”, Jackson, 1, 2, 40 n. Bacon-Foster, Corra, “ The Potomac Route to the West”, 272 Ball, Burgess, 21 Ball, Mrs. Burgess, 21; bequest to, 66 Ball, George, Gloucester County lands sold to, 121-122; account with, in Ledger “C”, 384 Ballendyne, John, and the Potomac Company, 271 Baltimore and Ohio R. R. Co., and the Chesapeake and Ohio canal, 276 Bank of Alexandria, bequest of stock in, 45-47; debt due to the, 87; es- tablishment and history of, 132- 133; purchase of stock in, 383494 Bank of Columbia, Georgetown, Washington’s interest in, 132; in- teresting history of, 133-136; pur- chase of stock in, 383 Bank of England, Custis stock in, taken over by Washington, 126- 127; advantageous disposal of, 128- 129 Bank of the United States, Act of Congress creating the, 131; Presi- dent Jackson’s hatred of the, 136 Bank stocks, a favorite form of in- vestment with Washington, 126; early interest in, 126; Washing- ton’s holdings of, 132-136 Bassett, Burwell, and the sale of Gloucester County land, 122 Bassett, Frances. See WASHINGTON, Mrs. GrorcE A. Beneficiaries. See LEGATEES Berkeley County, Virginia. See JErF- FERSON CouNTY, WEST VIRGINIA Beverly, Robert, executor of William A. Washington’s estate, executors propose plan for friendly suit to, 355-356 Bixby, William K., presents original Inventory and Appraisement to the Mount Vernon Ladies’ Association of the Union, 877., 88, 401; pub- lication of the Inventory and Ap- praisement by, 401-448 Boston Atheneum, large number of Washington’s books in the, 139- 143; catalogue of, 140n., 141-142 Braddock, General Edward, 304 Braddock’s Road, 301, 303, 304 Brooke, Governor Robert, letter to, 178 Buchan, Earl of, return of the “ Wal- lace Tree” box to, 30; bequest to, 57; 161 Burning Spring tract, the, 322; friendly suit for title of, 337-338; history and description of, 346-347; magnanimous act of Lawrence A. Washington in case of, 347-348 Bust of Washington by Houdon, 107- 108 Butterfield, C. W., “ The Washington- Crawford Letters” quoted, 301, 324 Index CALLAHAN, C. H., “ Washington, the Man and the Mason”, 38n., 163 and n. Calvert, Eleanor. See Custis, Mrs. JOHN PARKE Camp Manufacturing Company, the present owners of the Dismal Swamp lands, 289 Capitol Hill, Washington, 246, 247, 257 Carrington, Colonel Edward, at Mount Vernon, 220 Carrington, Mrs. Edward, quoted, 220 Carroll, Daniel, of Duddington, 255 and 7. Carter, Charles, 21; title to lots in Fredericksburgh owned by, vali- dated by the Will, 51, 161 Carter, Mrs. Charles, 21; bequest to, 65 Cary, Sally. See xEORGE WILLIAM Cash, on hand at time of death, 112 Cash book, meticulous care in keep- ing, 102; of his salary and expenses while President, 375, 385 Cash, Rights, and Credits, 112-125 Charles County, Maryland, his farms in, 260-263 Chase, Salmon P., on the publication of Washington’s Will, 1 Chattels, valuation of the, 91, 410- 448 Chattin’s Run tract of land, sale of, 291 FAIRFAX, MnRs. of the, Chesapeake and Ohio Canal Com- pany, successor of the Potomac Company, 272-275; operation of, abandoned, 276 “ Chotanckers ”, the, 162 Cincinnati, Ohio, the lands near, 311- oa Cireuit Court of the United States for Alexandria County, executors’ accounts made in the, 349-354; friendly suit instituted in the, 357-363; and the Hammond Appeal, 365-366; decree of, reversed by the Supreme Court, 367-368; ceases to exist, 369Index Cireuit Superior Court of Law and Chancery of the County of Alex- andria, and the Matter of Ham- mond’s Appeal, 370 Claims against the Estate, advertise- ment for and adjudication of, 86; Stuart, only one fixed in court, 86- 87 Clark, 321 n. Clark, Colonel George Rogers, 312 Clarke County, Virginia, real estate in what is now, 292-294 Clinton, Governor George, real estate dealings with, 305-311; letter to, quoted, 308, 309; the accounts with, 377, 379, 382 Cohen, Dr. I. Wilson Allen, letter from, Solis, ‘ Washington’s Death and Doctors”, 18 n. Collier, William Miller, “George Washington’s Will and George Washington University”, quoted, 193-194 n. Columbia Historical Society, 272 Colvill, Estate of John, account with the, 382 Colville, Estate of Thomas, account with the, 382 Commissioners of the District of Co- lumbia, subscribe to the stock of the Bank of Columbia, 134; Wash- ington writes, in interest of a Na- tional University, 187-188; co- operation of the, 189; Square No. 21 purchased from the, 232; letter to, 248 Commissions to the executors, 351, 353 Congress, proceedings in, on death of Washington, 18-19; opposition in, to Hamilton’s financial proposals, 130; passes the assumption bill, 350, 130; passes the National Bank Act, 131; President Washington urges promotion of educational in- terests on, 186-187; plan for Na- tional University fails in, 189, 191, 192; requests removal of Washing- ton’s remains to the Capitol, 241; letter to, 306; presentation of Washington’s service sword and Franklin’s cane in, 481-490 495 Constitution of the United States, adoption of the, 130; connection between the Potomac Company and adoption of the, 272-273 Continental Congress, impotency of the, 130 Controversies, to be settled by arbi- tration, 3, 69 County Court of Fairfax County, ex- ecutors’ accounts made to the, 349- 304 Conway, Moncure D., quoted, 97-98, 201 Conway, Richard, letter to, 7 “Correspondence of the American Revolution, Being the Letters of Eminent Men to George Washing- ton from the Time of His Taking Command of the Army to the End of His Presidency ”, Sparks, 150 n. Craik, Dr. James, bequests to, 58, 162-163; opinion of James Welch, 119; payment to, for professional services, 377; letters from, 465, 469 Crawford, Colonel William, negoti- ates purchase of Pennsylvania lands for Washington, 301-302; reports on Round Bottom tract, 324; letters from, concerning Round Bottom, 325, 326, 327; death of, 328; surveys lands on Ohio and Kanawha rivers for Washington, 341-342 Cresap, Michael, letter to, concerning 2ound Bottom tract, 324-325 Cresap, Jr., Michael, suit by, for Round Bottom tract, 330, 333 Cresap vs. McClean, 330%. Crypt, under the dome of the Capitol, 19 and n. Culpeper, Thomas, Lord, original pat- ent of land from, to Nicholas Spencer and John Washington, 197 n. Cumberland Road, the old, 304 Cunningham, Ann Pamela, founder and Regent of the Mount Vernon Ladies’ Association of the Union, 206, 209, 210 Custis, Colonel Daniel Parke, first husband of Mrs. George Washing- ton, 19; value of the estate of,496 Custis, Col. Daniel Parke, continued 93-97; his holdings of Bank of England stock, 127 Custis, Eleanor (Nellie) Parke. See Lewis, Mrs. LAWRENCE Custis, Elizabeth Parke. See Law, Mrs. THOMAS Custis, George Washington Parke (grandson of Mrs. George Wash- ington), “ Recollections and Pri- vate Memoir of Washington”, 12in:, 2267. - 18, 19; 20; 22: 23, 34; bequests to, 64, 66; appointed co- executor, 68; on the value of Colo- nel Custis’ estate, 93-97; bequests to, by Mrs. Washington, 99; 106; birth and early years of, 224-226, 228; letter to, 225; lands inherited from his father, 226-227; marriage, 228; builds “ Arlington House”, 228; later years of, 229; death of, 229; sells land to the Protestant Episcopal Theological Seminary, 229; provisions of his Will, 229- 230; devise of Square No. 21 to, 231; wills Square No. 21 to Robert E. Lee, 235; failure to perfect title to Square No. 21, 235; letter to John A. Washington, 299 n.; Will of, 476 Custis, Mrs. George Washington Parke, marriage of, 228 Custis, Colonel John, father of Dan- iel Parke Custis, 126 Custis, Colonel John Parke (Jack, son of Mrs. George Washington), 19; value of estate from his father, 96, 97; and his Bank of England stock, 127; death of, 224 Custis, Mrs. John Parke, 19-20 Custis, Martha (Patsy, Mrs. Wash- ington’s daughter), 19; value of estate from her father, 96, 97 Custis, Martha Parke. See Perrer, Mrs. THOMAS Custis, Mary Ann Randolph. LEE, Mrs. Rosert E. See DANDRIDGE, BARTHOLOMEW, estate of, released from debt, by Washing- ton, 53, 161; bequest to, by Mrs. Washington, 99 Index Dandridge, John, shares residue of Mrs. Washington’s estate, 99-100 Davis, Rev. Mr., conducts funeral ser- vices of Washington, 18 De Castellux, Chevalier, quoted, 307 Debts, to be paid promptly, 26, 42, 103; the release of certain, due him, 29; total of, unknown, 101; increasing burden of, 101; borrow- ing to pay, 101-104; due Washing- ton, 114 Decker and McSween, “ Historie Ar- lington”, 229 n. “Diaries of George The”, Fitzpatrick, 284, 285, 318 Diary, the last entry in his, 16 Difficult Run, surveys land on, 15; sale of land on, to Sheppards, 124 Dimmock, Mrs. Susan Whitney, 194 Dismal Swamp, real estate in the, 7 Dismal Swamp Land Company, sells share of the, to Henry Lee, 13, 123- 124; his interest in the, 277; offers to sell interest in, to Henry Lee, 277-278; negotiations for sale of, 279-280; Lee rescinds contract for, 282; friendly suit of beneficiaries and executors for sale of, 283, 360; history of the, 283-289 Disputes, to be settled by arbitra- tion, 36, 69 Distillery, at Dogue Run, 7, 13; debt incurred in building, 102, 105; 219; rented to Lawrence Lewis, 220 Distribution, scheme of, for bulk of estate, 238-239 District of Columbia, real estate in, 7; friendly suit for real estate in, 253-258. See also WASHINGTON, CiTy oF Dodge, Colonel H. H., the present superintendent at Mount Vernon, 144 Dogue Run, the mill and distillery at, 13, 199; land on, bequeathed to Lawrence and Eleanor Lewis, 63; 197, 218, 223 Domestic eares, 7-8, 14 Dunnington George, account with, in Ledger “C”, 383 letter to, Washington, 162; quoted,Index EACHES, JOSEPH, special commis- sioner in Matter of Hammond’s Ap- peal, 368-369 “Barly History of Washington Col- lege, now Washington and Lee Uni- versity, The”, Huffner, quoted, 181 n. Eastern Waters, the lands on the, 290-300 Education, interest in and efforts for the advancement of, 168-169, 186- 191 Estate, entire, to wife for life, 42; disposition of residue of, 65- 67; inventory and appraisement of the personal, 86-91, 137, 401- 448 Everett, Edward, efforts for the pur- chase of Mount Vernon, 207 Executors, number of, under the Will, 3, 35, 68; the suit against the, by Dr. Stuart, 105; and the sale of land to George Ball, 122; and the sale of the Round Bottom lands, 123; report of the, on the Bank of Columbia stock, 136; ex- penses for the slaves in the ac- counts of the, 159; follow Wash- ington’s advice as to stock of the Potomac Company, 274; circular to beneficiaries regarding Dismal Swamp land, 281; friendly suit for Dismal Swamp land, 283; and the Ohio lands, 316-317; and the Ken- tucky lands, 320-321; circular re- garding Round Bottom tract, 330- 331; real estate in Alexandria con- veyed to, by McClean, 335; division of Ohio and Great Kanawha river lands by the, 336-337 ; friendly suit against the, for title to the Burn- ing Spring tract, 337-338; accounts of the, 349-363, 375; plan for friendly suit for final closing of the estate, 355-356; bill for friendly suit filed against, 357- 359; decrees in suit against the, 360, 363 FarrFax, Rev. Bryan, Lord Fairfax, 9, 16; bequest to, 58, 164; real estate purchased from, 291 497 Fairfax, Mrs. George William, letter to, 9-11, 138 Fairfax County, Virginia, 3; the Will in the custody of Court of, 24, 39-40; the Will probated in County Court of, 84-86 Family, his, 7; his immediate, at time of his death, 19 Farming interests, of the Mount Ver- non estate, 7, 13, 15, 198, 199 Farms, the several, comprised in the Mount Vernon estate, 197-199; the Maryland, 260-270 Fauquier County, Virginia, real es- tate in, 291 Federalist Party, 24 Ferry, the Washington, 7, 260 Finances, strained state of personal, 6-7 Fishing interests of the Mount Ver- non estate, 7, 199 Fitzhugh, Mary Lee. See CUusTIS, Mrs. GrorcE WASHINGTON PARKE Fitzhugh, Nicholas, sale of Charles County farm to, 265, 268 Fitzpatrick, John C., 5; “The Diaries of George Washington”, 16. ; 151, 318, 344 n. Flour, milling and sale of, 7, 199 Foote, William H., one of the ap- praisers, 86, 88 Ford, Worthington C., 5; “ Writings of Washington”, 67., 150 and n.; “Wills of George Washington and His Immediate Ancestors”, 25 %., 202 n., 240n.; 88; “The Life of Washington ”, 150-151; ** Washing- ton as an Employer and Importer of Labor”, 155 n. Fort Necessity, Pennsylvania, 304, 305 Four Mile Run, surveys his land on, 15 and n., 228; 34; land on, be- queathed to G. W. P. Custis, 64, 226; acquired from George Mercer, 227; G. W. P. Custis builds home near, 228; portion of, sold to the Protestant Episcopal Seminary, 229, 230; grist mill erected on, 229 France, strained relations with, 8, 247 Francis, John, letter from, 248 301,| | | | | | 498 Franklin, Benjamin, his cane _ be- queathed to Charles Washington, 58, 108; cane of, now in the Smithsonian Institution, 167; pres- entation of cane of, in Congress, 481-490 Frederick County, Virginia. CLARKE COUNTY, VIRGINIA Free School, founds the first, in Vir- ginia, 27-28 Friendly suit, against Bushrod Wash- ington for title to Square 667, 253- 257; of heirs against Bushrod Washington for partition or sale of Montgomery County land, 265-268; for sale of share in Dismal Swamp Land Company, 283; for title to the Burning Spring tract, 337-338; for the settlement of the executors’ accounts, 349, 355-363 Funeral of, 18; to be unostentatious, 68 Furniture, bequeathed to Mrs. Wash- ington, 43 See “GEORGE WASHINGTON ”, 303 n. “George Washington”, Wilson, 12 n. “George Washington and Mount Ver- non”, Conway, 201 “George Washington as a Man of Letters”, Penniman, 153 “George Washington, Farmer ”, worth, 203 n. George Washington Memorial Asso- ciation, the, 194-195 George Washington Memorial Build- ing, laying the corner stone of the, 194-195 “George Washington’s Will and George Washington University”, Collier, 193-194 n. Gill, John, account with, in Ledger LOZ, 385 Gilpin, George, schedule, 112 Gloucester County lands, sale of, to George Ball, 121-122 Goods and Chattels, disposition of the, by the Will and by Mrs. Wash- ington, 106-111; inventory of, 401- 448 Hughes, Ha- pays note not in Index Great Kanawha River, the lands on the, 7, 322-348; unsuccessful agree- ment to lease lands on the, 119- 121; correspondence with Welch regarding lands on the, 464-475 Great Meadows, purchases site of bat- tle of, 301-304; executors sell the, tract, 304-305 Green, Sarah, bequest to, 58, 166 Grist mill, on Dogue Run, 199; G. W. P. Custis builds, on Four Mile Run, 229 Gunther, Charles F., the, copy of the Will, 40-41 HAMILTON, ALEXANDER, Washington’s last official letter to Major General, 16; first Secretary of the Treas- ury, 130; urges establishment of a National Bank, 130; opposition to, in Congress, 130; Congress passes and Washington approves his measures, 131; his masterly opinion on the National Bank Act, 131; warns of the danger of a rup- ture with France, 247 Hammond, Thomas, 21; and the con- troversy over the Ashton mortgage, 364-366; executrix of estate of, ap- peals from decision in matter of the Ashton mortgage, 367; the Su- preme Court’s decision on the ap- peal, 368; action of the lower court on reversal, 368; the final compromise in settlement of claim of, 370 Hammond, Mrs. Thomas, 21; be- quest to, 66; the claim against the estate of, 354-355, 364 Hammond, Nancy N., administratrix of estate of Thomas Hammond, 360; appeals from decision in mat- ter of the Ashton mortgage, 367 Hampshire County, Virginia. See Morcan County, West VIRGINIA “Handbook of Manuscripts in the Library of Congress”, quoted, 460- 463 Hanson, Samuel, letter to, 135 Harding, President Warren G., ad- dress at laying of the corner stoneIndex of the George Washington Memo- rial Building, 195 Harpers Ferry, winter quarters for troops in 1798-1799, 292 Harrison, Governor Benjamin, of Vir- ginia, letter to, 174; 342 Haworth, Paul Leland, “ George Washington, Farmer”, 203 n. “ Hayfield”, sold to Lund Washing- ton, 197 Haynie, Sally B., bequest to, 59, 166 Hearst, Mrs. Phebe A., 22 n. Henly, Bartholomew, trust fund for education of, by Mrs. Washington’s Will, 99 Henly, Samuel, trust fund for edu- cation of, by Mrs. Washington’s Will, 99 Henry, Governor Patrick, letter to, 176 Herbert, John, 15 Herbert, U. H., first superintendent of the Mount Vernon Ladies’ As- sociation of the Union, 209 Hillman House, Washington, the re- modeled North Capitol Street house, 250 “Historic Arlington”, Deeker and McSween, 229 n. “Historic Highways”, Hulbert, 303 “ Historical Sketch of George Wash- ington University, A”, 193 n. “ Historical Papers No. 1”, Wash- ington and Lee University, 1817. Houdon, Jean Antoine, the Washing- ton bust and statue by, 107-108 Huffner, Rev. Henry, “The Early History of Washington College, now Washington and Lee Univer- sity ”, 181 . Hughes, Rupert, “George Washing- ton”, 303 n. Hulbert, A. B., “ Washington’s ‘ Tour of the Ohio’ ”, 302 n., 323 n.; “ His- toric Highways”, 303; “ Washing- ton and the West”, 344n. Intness, the last, 17, 18 Indians, troubles with the, 325-326, 343 Internal improvements, impetus given to, by Washington’s far-sighted and 499 courageous example, 273; later re- vival of interest in, 275 Inventory and Appraisement, of the library, 1387; the general, 401-448 ‘Inventory and Appraisement ”, the original, 87 and n., 88-91; pre- sented to the Mount Vernon La- dies’ Association of the Union, 401 ‘Inventory of the Contents of Mount Vernon”, Bixby, 877., 88, 401- 448 Irving, Washington, on the value of the estate left by Colonel Custis, 93; quoted, 214-215, 284 JACKSON, A., publishes exact copy of Washington’s Will with notes, 1; misleading statement regarding land on Four Mile Run, 227 n. Jackson, President Andrew, hatred for the Bank of the United States, 136 James River Company, his disposi- tion of the stock of the, 28-29; be- quest of stock in, 47, 51; sale of the stock of, 125; legislature charters the, 173; block of stock in, presented to Washington by State, 174-176; the donation de- clined unless in trust for public uses, 177, 180; stock in, given to Liberty Hall Academy, 182-183; purchase of stock in, 383 Jefferson, Thomas, 108; opposes Ham- ilton’s financial proposals, 131-132; a strict constructionist, 131-132; President, urges idea of a National University on Congress, 191; Jefferson County, West Virginia, real estate in what is now, 292 John L. Roper Company, purchases Dismal Swamp Land Company’s property, 289 Johnston, Alexander, on Washing- ton’s letters, 153 Johnston, Elizabeth Bryant, “ Wash- ington Day by Day”, 220n. KeritH, JAMES, 119 Kenmore House, Washington, the re- modeled and enlarged North Capi- tol Street house, 250-251500 Kentucky, the real estate in, 2, 7, 318-321 Kerr, James, 316-317 Key, Francis Scott, Bushrod Washington suit, 255 Key, Philip B., solicitor for legatees in friendly suit, 254, 256, 257 Knox, General Henry, letter to, 6 and the Ohio lands, solicitor for in friendly La FAYETTE, MARQUIS DE, bequest of brace of pistols to, 58, 164; letters to, quoted, 157, 308; at Mount Vernon, 204 Land poor, after the Revolution, 8 Lands, the Ohio and the Great Kana- wha River, 322-348; advertisement of the Ohio and Great Kanawha, in the Maryland and Baltimore Jour- mal, 341-342. See also REAL ESTATE Land warrants, purchases two, in Virginia Military District of Ohio, 312; flaw in patents issued on, 312-316 Lane, William Coolidge, catalogue of Washington’s books in the Boston Atheneum, 140”., 141-142 Last Will and Testament. See WILL oF GEORGE WASHINGTON, THE Last years, the, 6-16 Law, Thomas, 20; letter from, quoted, 247 Law, Mrs. Thomas, 20, 22; bequest to, 66; bequest to, by Mrs. Wash- ington, 99 Lawrence A. Washington et als vs. Bushrod Washington and Lawrence Lewis, the friendly suit, 349; sug- gestion of plan and scope for the, 355-356; filing of, in the Circuit Court of the United States at Alex- andria, 357; the complainants in, 358; official title of, 358; the bill of complaint in, 358-359; the an- swer to, 359; referred to special auditor and commissioner, 359; de- cree with exceptions entered in, 360; payments decreed in, 360-361; supplementary and final decree in, 362-363 Index Lear, Colonel Tobias, 18; gift to, 30; 33; life interest in farm to, 59, 165; one of the appraisers, 86, 88; 93, 99; has handling of Washing- ton’s salary, 114; 124; intimate re- lations with Washington, 165; * Wellington” farm assigned to, 199; 219, 344; records by, in Ledger “G”, 375, 385; 377, 380; loan to, 381, 383 Lease, Washington’s farm lands, 293 Ledger, the first diminutive, of boy- hood days, 94, 376 Ledger “A”, important discovery of pasted sheets in, and the D. P. Custis Estate and heirs’ account, 94-95; photostatie copy of, in Mas- sachusetts Historical Society, 151; 201, 202; Dismal Swamp account in, 285 Ledger “B”, account of the Charles County farm in, 262 Ledger “C”, belated discovery of, now in the Lloyd W. Smith col- lection, 94, 375; few debts re- corded in, 102; and the indebted- ness to Dr. Stuart, 105, 115, 151, 376; and the Mercer debt, 264, 380; sale of the Dismal Swamp share recorded in, 280; statement of the George Clinton account in, 308 n., 379; the various records in, 378-385 Ledger “G”, 375; the accounts in, kept by Tobias Lear, 385; Bush- rod Washington’s executor’s ac- counts also in, 385-386 Ledgers, the Washington, 93-96 Lee, E. J., pays balance due for Diffi- cult Run land, 124 Lee, George Washington Custis, in- herits “ Arlington”, 229-230; sells portion of estate to the Govern- ment, 230; conveys land to the Theological Seminary, 230; second president of Washington and Lee University, 230 Lee, General Henry, eulogy of Wash- ington, 2, 18, 19; Washington sells share of Dismal Swamp Company to, 123-124; interest in Dismal form of, forIndex Swamp Land Company offered to, 277-278; agrees to purchase inter- est and makes partial payments, 278-279; fails to meet engagements, 280-281; rescinds contract in favor of estate, 281-282; trades Kentucky land for the stallion “ Magnolia”, 318; 321; account with, in Ledger “oO a7 8384 Lee, Ludwell, letter to, 228 Lee, Mary C. See Lex, Mrs. ROBERT Ki. Lee, General Robert E., president of Washington College, later Wash- ington and Lee University, 183; the Will of, 479-480 Lee, Mrs. Robert E., has life interest in “Arlington”, 229; death of, 230; the Will of, 478 Lee, Jr., Robert E., seeks reimburse- ment for the Ohio lands, 317 Lee, William, freedom for, 27, 45 Legacies, to be paid promptly, 26 Legatees, under the Will, 38-39; agreement of, to ensure fulfillment of provisions of the Will, 245; sale of the Water Lots by, 251-252; friendly suit against Bushrod Washington, 253-258; follow Wash- ington’s advice regarding the Po- tomac Company stock, 274; ex- ecutors’ circular to, regarding Dismal Swamp land, 281; agree- ment of, for sale of the Kentucky lands, 320-321; circular regarding Round Bottom tract to, 330-331; friendly suit against the, for title to the Burning Spring tract, 337- 338; deed of partition of the Ohio and Great Kanawha rivers’ lands by the, 339-340 L’Enfant, Major Pierre Charles, 246 Letters, disposition of Washington’s, by Mrs. Washington, 106 Letters from: Anderson, Richard C., quoted, 315 Craik, Dr. James, quoted, 465, 469 Crawford, Colonel William, quoted, 324, 325, 326, 327 Francis, John, 248 Herbert, William, 102 501 Lee, General Henry, quoted, 278, 280 McClean, Archibald, quoted, 328 Morgan, Daniel, quoted, 464 Pendleton, Edmund, 202 Scott, Gustavus, 135 Spotswood, General 319-320 Thornton, Dr. William, 233 Washington College, Trustees of, quoted, 182 Welch, James, 314., quoted, 464, 465, 468, 471, 472, 473, 474 Letters to: Anderson, Richard C., quoted, 314 Brooke, Governor Robert, 178 Clinton, Governor George, quoted, 308, 309 Commissioners of the District of Columbia, quoted, 187-188, 248 Congress, quoted, 306 Conway, Richard, 7 Cresap, Michael, quoted, 324-325 Custis, G. W. P., quoted, 225 DeCastellux, Chevalier, quoted, 307 Alexander, Fairfax, Mrs. George William, quoted, 9-11, 138 Hanson, Samuel, 135 Harrison, Governor Benjamin, quoted, 174 Henry, Governor Patrick, quoted, 176 Herbert, William, quoted, 101, 102 and n. Keith, James, quoted, 469 Knox, General Henry, 6 La Fayette, Marquis de, quoted, 157, 308 Lee, General Henry, quoted, 277-278 Lee, Ludwell, 228 Lewis, Fielding J., 6 Lewis, John, quoted, 297 Lewis, Lawrence, quoted, 7, 14, 213-214, 216-218, 219 Lewis, Robert, quoted, 12-13, 158 McHenry, James, quoted, 8-9 Madison, James, 177 Members of the Dismal Swamp Company, quoted, 279 Mercer, John F., quoted, 156 Morris, Robert, quoted, 156 Page, John, quoted, 121502 Letters to, continued Randolph, Edmund, quoted, 177 Schuyler, General Philip, quoted, 306 Shreve, Colonel Israel, quoted, 116 Sinclair, Sir John, 157 Thornton, Dr. William, quoted, 233 Walker, Francis, quoted, 298 Washington, Bushrod, 125, 228 Washington, Lund, 127 Washington, William quoted, 220 Welch, James, quoted, 466, 467, 472 Welch, Wakelin, quoted, 128-129 West, John, 26 n. White, Alexander, quoted, 247 Wolcott, Oliver, quoted, 115 Young, Arthur, quoted, 196 Lewis, Betty (niece). See CARTER, Mrs. CHARLES Lewis, Colonel Fielding (brother-in- law), 20; jointly interested in Nansemond County land, 296, 299 Lewis, Mrs. Fielding (sister), 20, 21 Lewis, Fielding (nephew), 21; _ be- quest to, 65 Lewis, George (nephew), 21; bequest of sword to, 30, 59; bequest to, 65 Lewis, Howell (nephew), 21; bequest to, 65 Lewis, John quoted, 297 Lewis, Lawrence (nephew), 2; as aid at Mount Vernon, 7; letters to, 7, 14; marriage of, 11-12; proposed lease of “ Woodlawn” to, 13; 18, 19, 20, 21, 23, 33; bequest of Mount Vernon and Dogue Run lands to, and their delimitation, 63-64; be- quest of interest in residuary estate to, 66; appointed co-executor, 68; jointly active as executor with Mrs. Washington, 92, 98-99; prompt in paying estate’s debts, 103; the devise of ‘“ Woodlawn” to, and his wife, 213; letter to, quoted, 214, 216-218; engagement and marriage of, 215-216; distillery rented to, 219-220; builds at ‘“ Woodlawn”, 221; death of, 221; his children, 221-222; files account of individual Augustine, (nephew), letter to, Index acts as executor, 349-350; makes loan to Washington, 383 Lewis, Mrs. Lawrence, 19, 20, 22, 23, 33; bequests to, 63-64, 66; bequest to, by Mrs. Washington, 99, 106; devise of “ Woodlawn” to, 213; en- gagement and marriage of, 215-216; later life of, 221-222; death of, 222; her home at “Audley”, 294 Lewis, Robert (nephew), letter to, quoted, 12-13; 21; bequest to, 65; letter to, quoted, 158 Lewis, Thomas, official surveyor of Ohio River lands, 325 Liberty Hall Academy, the bequest to, 28-29, 51; early history of, 180- 181; Washington’s gift to, 181- 182; changes name to Washington College, 182; later history of, 183; becomes Washington and Lee Uni- versity, 184; successful record of, 184-185 Library, the, gift of, to Bushrod Washington, 29, 55; in the Inven- tory and Appraisement, 137; mis- cellaneous character of, 137; later history of, 139-140, 141-144; por- tion of, acquired by the Boston Atheneum, 139-143 Library of Congress, Washington Mss. in the, 13 n., 145-146; photo- static copy of the Will in the, 40; Ledgers “A” and “B” in the, 93- 96; makes photostatie copy of Ledger “A”, 151; quotation from the “Handbook of Manuscripts ” of the, 460-463 “Life and Letters of Jared Sparks”, Adams, 148 “ Life of Washington”, Ford, 150-151 “Life of Washington”, Irving, 214- 215 “Life of Washington”, Lodge, 272 “Life of Washington”, Marshall, 146-147 Literary remains, bequeathed to Bushrod Washington, 55, 145; pri- vate and personal correspondence mostly destroyed, 145; military papers and correspondence 1780- 1784 copied by agreement with Con- gress, 145; public papers copiedIndex and now in the Library of Con- gress, 145-146; first use of, made by John Marshall, 146-147; Jared Sparks’ use of, 147-149; other com- pilations of, 150-151; loss of cer- tain of the, 152; some items of, restored to Mount Vernon, 153; essential nature of the writer shown in the, 153 Litigation, no, over meaning and pur- poses of the Will, 3 Little Hunting Creek, 211 Livermore, George, 139 Lodge, Henry Cabot, “Life of Wash- ington”, 272 Long, John Davis, 244 Loudon County, Virginia, real estate in, 291 McCLeaNn, ARCHIBALD, sale of Round Bottom tract of land to, 123, 328- 330; legal controversy with Cresap and Tomlinson, 330, 332-333; con- veys Alexandria real estate to ex- ecutors, 335; 354 McClean vs. Tomlinson, 332 McHenry, James, Secretary of War, letter to, 8-9 McKenna, James L., purchases Dis- mal Swamp interest and sells to Bushrod Washington, 283 McLain, Archibald. See McCLEAN, ARCHIBALD Madison, James, letter to, 177; Presi- dent, urges idea of a National Uni- versity on Congress, 191, 192 Manuscripts, the Washington, in the Library of Congress, 18 n., 145-146; quotation from the “ Handbook ” of the Library of Congress, 460-463 Marshall, Chief Justice John, 93; “Life of Washington”, 146-147; 148 Marshall, Colonel Thomas, in charge of the Kentucky lands, 318, 320 Maryland, the real estate in, 2, 7, 260-270; legislature of, charters Bank of Columbia, 134; the Will of no effect in, 235, 252 Maryland and Baltimore Journal, the, advertisement of Washington’s lands in, 342-343 503 Mason, George, 127 Mason, General Thomas, one of the appraisers, 86, 87 Masons, last rites by the Order of, 18 Massachusetts Historical Society, photostatic copy of Ledger A in. library of, 94n., 151 Mercer, George, conveys land on Four Mile Run to Washington, 227 Mercer, John F., letter to, 156; the debt of, and the Montgomery County tract of land, 263-264; ac- count with, in Ledger “C”, 380 Miami River, Ohio, the lands on the, 311-317 Mill, at Dogue Run, 13, 199 Milling interests of the Mount Ver- non estate, 7 Minor bequests, the, 161-167 Mohawk Valley, New York, real es- tate in the, 7 Money, depreciation in value of, 6 Montgomery County, Maryland, the farm in, 263-270; friendly suit to clear title of, 265-268 Monument. See WasHIneToN Monv- MENT, THE Moore, Alexander, special auditor and commissioner, 350, 351; re- port of, to the County Court of Fairfax County, 352, 353; commis- sioner in the friendly suit, 359, 360, 362, 363 Morgan, General Daniel, introduces James Welch by letter, 119, 464 Morgan, John Pierpont (the young- er), and the possession of Martha Washington’s Will, 393-400 Morgan County, West Virginia, real estate in what is now, 295 Morris, Robert, letter to, 156; 280 Moss, Alfred, Clerk of the County Court of Fairfax County, 39, 40 Mount Vernon, the return to, after the presidency, 6; the estate of, 7; bequest of, to Bushrod Washington, 33, 60-61, 200; his most cherished possession, 196; original grant of, 196; description of, 196-200; the Mansion House of, 199-200; distri- bution of the estate of, under the Will, 200-218; the title to, 201-| | { | 504 Index Mount Vernon, continued 203; testamentary division of, by Bushrod Washington, 204-205; John Augustine Washington inher- its, 205; Mansion House tract passes to the Mount Vernon La- dies’ Association of the Union, 206; later history of, 207-211; the “Wellington” tract of, 211-213; devise of “Woodlawn” tract of, 213-223; the old and new Vaults at, 239-242; Washington’s return to, in 1783, 271 Mount Vernon Ladies’ Association of the Union, purchase of the Mansion House by, 206; history of, 206-211; original of the Inventory and Ap- praisement in possession of, 391 “Mount Vernon, Washington’s Home and the Nation’s Shrine”, Wil- stach, 106n., 203 7., 2407., 242 n. Mourning Rings, bequests of, 58-59, 164; the custom of wearing, 165 NANSEMOND COUNTY, VIRGINIA, real estate in, 296-300 National Bank of the United States, Philadelphia, 136 National Cemetery, Arlington, 227 and . Nationality, Washington’s sense of the new, 3 National University, advocates a, 14; liberal bequest for a, 28, 50, 186; untiring efforts for establishment of a, 186-191; planning for a site for, 187-189, 232; repeated failure in Congress of plan for, 191, 192 Negroes. See SLAVES Nevill, General John, and the Ohio lands, 316-317 “New Chapter in the Early Life of Washington, in connection with the Narrative History of the Potomac Company, A”, Pickell, 272 New York State, the real estate in, 2, 7, 305-311 Nicholas, Robert Carter, Mrs. Wash- ington’s attorney, 98n., 127 North Capitol Street, Washington, houses on, 246, 247-250; destroyed by fire, 250 Northwest Territory, real estate in the, 7. See also OnIo LANDS Norton, Professor Andrews, 139 Norton, Charles Eliot, 139 Notes to the Will, literal copy of the, 75-83 Out0, the real estate in, 2, 7 Ohio Lands, the, 311-317 Ohio River Lands, the, 322-348 PAGE, JOHN, letter to, 121 Parks, Andrew, 21 Parks, Mrs. Andrew, 21; bequest to, 65-66 Pendleton, Edmund, letter from, on the title to Mount Vernon, 202 Penniman, James H., “George Wash- ington as a Man of Letters”, 153 Pennsylvania lands, the, 2, 7, 114- 119; sales of, 115; 301-305; lands near Perryopolis, 271 Personal estate, total value of, 91 Peter, Robert, former owner of Square No. 21, 231, 232 Peter, Thomas, 20; one of the ap- praisers, 86, 88; sale of Montgom- ery County farm to, 267-268, 269 Peter, Mrs. Thomas, granddaughter of Mrs. Washington, 20, 22; be- quest to, 66; bequest to, by Mrs. Washington, 99; 127 Peter’s Hill, Washington, Square No. 21 on, 231, 232 Pickell, John, “ A New Chapter in the Early Life of Washington, etc.”, 272 Political affairs, alarming state of, 8 Potomae Canal Company. See Poro- MAC COMPANY Potomae Company, the, bequest of stock in, 28, 50, 125; chartered by legislature, 173; gift of stock in, declined by Washington, 174-177, 180; 239; Washington’s early in- terest in, 271; Chesapeake and Ohio Canal Company successor to, 272, 275; connection between, and the Constitution of the United States, 272-273; character and value of stock of, 274-275; purchase of stock of, 383Index “Potomac Route to the West, The”, Bacon-Foster, 272 Probating the Will, in Fairfax Coun- ty, Virginia, 84-86; in the District of Columbia, 245 Property, schedule of the, compre- hended in the Will with notes thereon, 71-83 Protestant Episcopal Theological Seminary, Alexandria, 15., 229 Prussing, Eugene E., “ Washington in Love and Otherwise”, 10 7. Public Sales, the, made by the Ex- ecutors, 449-459 “Public Sales made by the Execu- tors of General George Washing- ton, deceased, of his Estate”, re- corded in Will book of Fairfax County, 109-110 Putnam, Rufus, United States land agent at Marietta, Ohio, 314 Quunsy, death caused by an attack of, 17 RANDALL, E. O., “ Washington’s Ohio Lands ”, 318 n. Randolph, Edmund, 177 Randolph, Attorney-General Edmund, opposes National Bank Act, 131 Randolph, Peyton, 127 Rawlins, A., secretary, 41 Real estate, in seven States, 2; large interests in, 7, 238; scheme of dis- tribution of, 31, 32, 238-239; his faith in value of, 32; in the city of Washington, 245-259; losses on city of Washington, 257-258; stock in the Potomac Company deemed, 274; interest in the Dismal Swamp Land Company, 277; sales of the, on the Eastern Waters, 290-300; in Pennsylvania, 301-305; in New York State, 305-311; in Ohio or the “Northwest” Territory, 311- 317; the Rough Creek, in Ken- tucky, 318-321; on the Ohio and Great Kanawha Rivers, 322-348 ‘Recollections and Private Memoir of Washington”, Custis, 127., 98 n.; quoted, 225-226 Republican Party, 24 ” 505 Residuary estate, his plan for the distribution of the, 31, 34, 65-67, 238-239 “ Resolutions of the Dismal Swamp Company, May 1, 1785”, 286 n. Revolutionary War, shrinkage of his liquid capital during the, 8; de- preciated value of paper money during the, 129 Ring. See Mournine RING Robert Cary and Company, his Lon- don agents, 128 Ross, Senator James, vania, 115, 118, 345 Rough Creek, Kentucky, real estate on, 318-321 Round Bottom tract of land on the Ohio, 14, 322; sale of, to Mc- Clean, 123, 328-330; first knowl- edge of, 323-324; letter to Cresap concerning claim to, 324-325; Crawford’s reports on and letters concerning, 324, 325-328; patent issued for, 328; Cresap-Tomlinson- McClean controversy over, 330-334; title of McClean to, upheld, 334 of Pennsy]l- SABIN, JOSEPH F., 340 n. Salary, inadequacy of the presiden- tial, 114 Sales, the public, of goods and chat- tels, 106, 108-109; Bushrod Wash- ington’s plan for the conduct of, 110-111; of the estate by the ex- ecutors, 449-459; of lands on the Eastern Waters, 290-300 “Sally Cary. A Long Hidden Ro- mance of Washington’s Life”, Cary, 10n. Sarcophagi, John Struthers presents marble, to family, 241 Sargent, Winthrop, governor of the Northwest Territory, 314 Schedule of the property compre- hended in the Will with notes thereon, 71-83 Schuyler, General Philip, letter to, quoted, 306 Seott, Gustavus, letter from, 135 Shenandoah Valley, Virginia, real estate in the, 7506 Sheppards, William, purchases the Difficult Run land, 124 Shreve, Colonel Israel, sale of land to, 115; letter to, 116; 118 Sinclair, Sir John, compilation of correspondence with Washington on agriculture, 151; letter to, 157 Slaves, 7; opposition to traffic in, 12- 13, 158; solicitude for the well- being of his, 22, 154-155; freedom and provision for his, 23, 27, 43-45, 53-54, 157-159; behavior of, after his death, 98; his work and in- fluence for manumission of, 155- 158, 160 Smith, Lloyd W., first ledger and Ledger “C” in collection of, 94; cane bequeathed to Richard Wash- ington in collection of, 167; his valuable collection of Washing- toniana, 375-387 Smithsonian Institution, his service sword and Franklin’s cane in the, 167 Snowden, William H., Historic Landmarks and Maryland”, quoted, 222, 223 n. Society of the Cincinnati, contributes to fund of Washington and Lee University, 184 “Some Old Historic Landmarks of Virginia and Maryland”, Snow- den, quoted, 221m., 222, 223 n. South Capitol Street, real estate on. See Water Lots Sparks, Jared, “The Writings of George Washington”, 6n., 149 7.; aids in securing books from Wash- ington’s library for the Boston Atheneum, 138; proposes and ar- ranges with Bushrod Washington for a collection of Washington’s writings, 147-149; success of the undertaking, 149 and n.; his “ Cor- respondence of the American Revo- lution, ete.”, 150 n. Spencer, Nicholas, original grant of land to, and John Washington by Lord Culpeper, 196 Spotswood, General Alexander, 21; purchases part of Ashby’s Bent “Some Old of Virginia 221 n., Index tract of land from estate, 291; let- ters from, regarding the Kentucky lands, 319-320 Spotswood, Mrs. Alexander, 21; be- quest to, 65; and the devise of Mount Vernon, 201 Square No. 21, in Washington, 34; bequeathed to G. W. P. Custis, 64; location of, and present surround- ings, 231, 236-237; his intentions regarding, 232-233; the title to, 234; bequeathed by Custis to Rob- ert E. Lee, 234-235; portions of, sold for taxes, 236, 246 Square No. 634, in Washington, valu- ation of lots in, 256; sale of, 257 Square No. 667, in Washington. See WatTeER Lots Statue of Washington, by Houdon, 108 Stevens, Henry, bookseller, acquires a portion of Washington’s library, 139; books bought from, now in the Boston Atheneum, 139 Stockham, Charles H., “ A Historical Sketch of George Washington Uni- versity ”, quoted, 192, 193 n. Strict Constructionists, opposed to Hamilton’s financial measures, 130 Struthers, John, presents marble sarcophagi for bodies of George and Martha Washington, 241 Stuart, Dr. David, 20; bequests to, 58, 163-164; claim of, against the Estate, 87, 376; executors’ pay- ment of debt to, 104-105 Stuart, Mrs. David, bequest to, 59, 164 Supreme Court of the United States, 3, 36 Sumner, Charles, Will, 1-2, 154 Surveying, of his Washington lot, 14; of the Four Mile Run and Difficult Run farms, 15, 228 Sword, presentation of Washington’s service, in Congress, 481-490 Swords, disposition of the five, and his famous admonition regarding them, 30, 59-60, 166-167 on Washington’s TAMBOUR SECRETARY, Washington’s, now at Mount Vernon, 144Index Thomson, Mary Espy, as to her pos- session of Martha Washington’s Will, 397 Thornton, Colonel John, 21; pur- chases portion of Ashby’s Bent tract from estate, 291 Thornton, Mrs. John, 21; bequest to, 65; and the devise of Mount Ver- non, 201 Thornton, Dr. William, letter from, 232-233; letter to, 233; architect of the North Capitol Street houses, 249 Tomb, body deposited in the old, 18; intentions regarding a new, 34-35. See also VAULT Tomb of Washington, the, 239-242 Tomlinson, Mr., controversy over the Round Bottom tract, 330, 332, 333, 334 Tour, the fifth to the West, 271-272, 303; the fourth to the West in search of land, 302, 323-324; to the North, 306-308 Truro Parish, bequest to, by Mrs. Washington, 99 Trust Company, the Will anticipates the modern, 3, 35 Trustees of the Protestant Episcopal Seminary at Arlington, Virginia, acquire land on Four Mile Run, 228, 230 Unirep STATES SECURITIES, losses in- volved by investment in, 112-113 United States vs. Lee, 227 n., 230 Vautt, the family, provision for con- struction of new, 68; remains to be deposited in, 68; 239-240; new, completed in 1831, 241; remains of deceased members of family re- moved to, 241; marble sarcophagi and vestibule added to, 241 Jirginia, the real estate Tiger is legislature charters Alexandria Academy, 171-172; charters the James River Company and Potomac Company, 173-174; and the gift of stock to Washington, 174-177, 180; confirms grant of Dismal Swamp lands, 287; the Military District of << 507 Ohio reserved by, 312-316; and the suit for recovery of Martha Wash- ington’s Will, 393-400 Virginia vs. Morgan, the suit for re- covery of Martha Washington’s Will, 393-400 Virginia Military District of Ohio, the, 312-313 WALKER, ANN, bequest to, 59, 166 Walker, Francis, letter to, 298 Walker, Dr. Thomas, jointly inter- ested in Nansemond County land, 296, 299 Washington, Ann (niece). ToN, Mrs. BURDET Washington, Anna residue of Mrs. estate, 99 Washington, Augustine (father), the devise of Mount Vernon in his Will, 202 n. Washington, er), 20 Washington, Bushrod (nephew), 2, 21, 23, 29; gift of sword to, 30, 59; bequest of Mount Vernon to, 33, 60-61, 200; and the Gunther copy of the Will, 41; bequest of papers and books to, 55; bequest of interest in residuary estate, 66; appointed co-executor, 68; passive as executor during Mrs. Washing- ton’s survival, 99; executors’ re- port on sale of Maryland farm, 104; note regarding indebtedness to Dr. Stuart, 105; proposes plan for conduct of sale of goods and chattels, 110-111; letter to W. A. Washington as to loss on United See ASH- Maria, shares Washington’s Augustine (half-broth- States stock, 113-114; letter to, 125; and Washington’s library, 139; and Marshall’s ‘Life of Washington”, 146-147, 151-152; agreement with Sparks for collec- tion of the writings of Washing- ton, 147-149; takes possession at Mount Vernon, 205; testamentary division of Mount Vernon by, 205; letter to, quoted, 228; his plan for sale of real estate in city of Wash- ington, 252-253; friendly suit508 Index Washington, Bushrod, continued against, 253-258; and the friendly suit for Montgomery County farm, 265-268; purchases Dismal Swamp interest from McKenna, 283; his plan for disposing of the residuary estate’s real property, 290; depo- sition of, regarding the Burning Spring tract, 338; files account of individual acts as executor, 351- 352; his executor’s accounts in Ledger “C”, 375, 385, 386; his diary of actions as executor, 375- 376 Washington, Charles (brother), 21; bequest of Franklin’s cane to, 58, 162 Washington, Mrs. Charles, bequest of a mourning ring to, 59, 164 Washington, Charles (Lawrence) Augustine (great-nephew), 21, 33; bequests to, 62-63, 66, 212 Washington, Corbin (nephew), 21; bequest to, 66; claim against chil- dren of, 352; payments to, 354; settlement of the difficulty with, 354 Washington, Elizabeth (Betty) (sis- ter). See Lewis, Mrs. FIELDING Washington, Elizabeth (niece). See Spotswoop, Mrs. ALEXANDER Washington, Elizabeth, of “ Hay- field.” See WASHINGTON, Mkrs. LunD Washington, Frances (niece). See Batt, Mrs. BurRGESS Washington, George, importance of study of Will of, 1; enjoins arbi- tration for settlement of disputes, 3, 36, 69; returns to Mount Vernon from public life, 6; financial strain on, 6, 8; widespread property in- terests of, 7; his methodical hab- its, 8-9; letter to Mrs. Fairfax, 10-11; domestic happiness, 11-12; writes last will and testament, 12; domestic and business activities, 13-15; his last days, 15-17; death of, 17; funeral of, 18; tributes to, in Congress, 18-19; family connec- tions, 19-22; plans for division of his estate, 22-23; of the Will of, 24-41; his nationalism, 24, 25; knowledge of legal forms, 25; lib- eral provisions for Mrs. Washing- ton, 26-27, 92; feeling towards his slaves, 27; the fund for the free school, 27-28; and the proposed gift from the State of Virginia, 28; ardent hopes for a National University, 28; and the gift to Liberty Hall Academy, 28-29; re- leases family debts, 29; and the bequest of Mount Vernon, 29; gifts of personal mementoes, 30; the be- quest of his five swords, 30; his scheme for the distribution of the residuary estate, 31-32, 34; feeling towards his wife’s kindred, 33; provision for new Vault, 34-35, 68, 239-242; appointment of the execu- tors, 35, 68; few errors in the Will of, 36-37; the beneficiaries of, 38- 39; later history of the Will of, 39-41; literal copy of the Will of, 42-70; schedule of property comprehended in the Will of, 71-74; notes made to Will by, 75-83; pro- bate of the Will of, 84-86; inven- tory and appraisement under the Will of, 87-91, 401-448; and the Custis estate, 93-97; the ledgers of, 93-96; debts at time of decease of, 101-105; dispersal of his goods and chattels after Mrs. Washing- ton’s death, 106-111; bust and statues of, by Houdon, 107-108; loans to the United States, 112- 113; the debts due, 114; sale of Pennsylvania lands, 114-118; and the unsatisfactory deal with Welch, 119-121; sells Gloucester County lands, 121-122; and the Round Bottom trade with McClean, 123; dealings with General Henry Lee for sale of Dismal Swamp interests, 123-124; sells Difficult Run land to Sheppards, 124; holdings in the Potomac Company and James River Company stocks, 125; bank stocks a favorite form of investment with, 126; takes over Custis’ Bank of England stock, 126-129; appoints Hamilton Secretary of the Treas-Index 509 ury, 130; signs the National Bank Act, 130-132; one of the founders of the Bank of Alexandria, 132- 133; invests in Bank of Columbia stock, 133-136; library and literary remains of, 137-153; the later dis- persal of the library of, 139-143; classification of the library of, 141- 143; letters and papers of, 145- 146; the various “ Lives ” and col- lections of the Writings of, 146- 152; his personality revealed in his writings, 153; and the question of slavery, 154-158; testamentary provision for the care of his slaves, 158-160; the minor bequests of, 161-166; bequest of the swords and his famous admonition concerning them, 166-167; interest in popular education, 168; contributions and bequest to Alexandria Academy, 168-172; bequest to Liberty Hall Academy, 173-185; promotes the James River and the Potomac Com- panies, 173; embarrassed by gift of stock, 174-177; urges plan for National University on Congress, 178-179, 186-190; lack of public interest in his plan, 190-193; love for Mount Vernon, 196-197; pro- pensity for buying land, 197-198; management of the Mount Vernon estate, 198-200; devolution of Mount Vernon to, 201-202; bequest of the “Wellington” estate by, 211-212; bequeaths the “ Wood- lawn” tract to Lawrence Lewis and wife, 213; his letter of invi- tation to Lewis, 213-214; plans for Lawrence and Eleanor Lewis, 216- 221; adoption of the Custis chil- dren by, 224; bequest of Four Mile Run tract to young Custis by, 226; purchases Four Mile Run tract, 227; purchases land in the city of Washington, 231-234; his plan for the distribution of his large land holdings, 238-239; his real estate in Washington, 245-259; activities in the French crisis, 247; provides for new Vault at Mount Vernon, 239-242; purchases farm in Charles County, Maryland, 261-263; ac- quires Montgomery County, Mary- land, land, 263-264; interest in the Potomac Company, 271-276; his last tour across the Alleghenies, 271-272; testamentary advice re- garding stock of the Potomac Com- pany, 273-275; his holdings in the Dismal Swamp Land Company, 277-289; visits the Dismal Swamp, 284-285; inadequacy of his salary as President, 288; his lands on the Eastern Waters, 290-300; general form of his leases, 293; of his out- lying lands, 301-321; the transac- tions with Governor Clinton in New York lands, 305-311; the Ohio or Northwest Territory lands of, 311-317; purchases of land war- rants by, 312-313; disputed titles to his Ohio lands, 312-317; his holdings in Kentucky, 318-321; the Ohio and Great Kanawha River lands his largest holdings, 322- 348; the Round Bottom tract of, 323-335; his advertisement for sale of lands on the Western Waters, 342-343; the executors’ accounts in the settlement of the estate of, 349-363; the purity of character and the greatness of, 372- 373; recent discovery of his first ledger and Ledger “C”, 375-376; the records in the ledgers and ac- count books of, 376-385; corre- spondence with James Welch, 464- 475; presentation of the service sword of, in Congress, 481-490 Washington, Mrs. George, 17; con- sents to removal of husband’s re- mains to Capitol, 19; 22; the be- quests and life interest to, 26-27, 42-43, 56; appointed co-executor, 68; age and health of, 92; liberal provisions in Will for, 92; life in- terest only in bulk of estate, 93; value of her estate from Daniel Parke Custis, 93-97; one of the two active executors, 98; makes her Will, 99; disposition of her estate, 99-100; death and burial, 100; and the personal letters from510 Washington, Mrs. George, continued Washington, 106; disturbed by the conduct of the slaves, 158; re- mains of, now in the new vault, 241-242; the Will of, 389-393; the later loss and recovery of the Will of, 393-400 Washington, George A. (nephew), 21 Washington, Mrs. George A., 33 Washington, George C. (great- nephew), 139; acts as trustee in sale of real estate in city of Wash- ington, 257, 258, 259 Washington, George Fayette (great- nephew), 21, 33; bequests to, 62- 63, 66, 212 Washington, George Steptoe ew), 21; debt of, released, 53; gift of sword to, 30, 59; be- quest to, 65-66; appointed co- executor, 68; and the sales of the New York lands, 310-311 Washington, Hannah. See WAsH- INGTON, Mrs. JoHN A. Washington, Hannah, of “ Fairfield.” See WASHINGTON, Mrs. WARNER (neph- 29, 52- Washington, Harriet (niece). See ParKs, Mrs. ANDREW Washington, Jane (niece). See WASHINGTON, Mrs. WILLIAM AvU- GUSTINE Washington, Jane (niece). THORNTON, Mrs. JOHN Washington, John, original grant of land to, 196 Washington, John Augustine (broth- er); 2a 206 Washington, Mrs. John A., bequest of a mourning ring to, 59, 164 Washington, John Augustine (great- nephew), 139; inherits Mansion House tract of Mount Vernon from Bushrod Washington, 205; grants permission in Will for sale of estate to the Government, 205 Washington, John Augustine (great- great-nephew), inherits Mount Ver- non, 205; sells estate to the Mount Vernon Ladies’ Association of the Union, 206; letter from G. W, P. Custis, 299 n. See Index Washington, John P. A. nephew), 21 Washington, Lawrence (cousin), be- quests to, 58, 162 Washington, Lawrence, aids author, 5 Washington, (great- Lawrence Augustine (nephew), 21; debt of, released, 29, 52-53; bequest to, 65-66; James River Company’s stock sold to, 125; friendly suit of, for title to the Burning Spring tract, 337- 338; magnanimous action of, re- garding the Burning Spring tract, 347-348 Washington, Lund (cousin), letter to, regarding the Custis Bank of England stock, 127; “ Hayfield” sold to, 197; account with, in Ledger “C”, 378 Washington, Mrs. Lund, bequest of a mourning ring to, 59, 164 Washington, Maria (great-niece), 21; bequest to, 66 Washington, Martha Dandridge Cus- tis. See WASHINGTON, Mrs. GEORGE Washington, Mary, executrix of Law- rence A. Washington files bill of revivor in friendly suit, 360 Washington, Mildred (niece). See HAMMOND, Mrs. THOMAS Washington, Mildred. See Wasu- INGTON, Mrs. CHARLES Washington, Robert (cousin), bequest of cane to, 58, 162 Washington, Samuel (brother), 21; release of debt owing by, 51-52, 161; loan made to, 383 Washington, Samuel (nephew), 21; gift of sword to, 30, 59; bequest to, 66; appointed co-executor, 68; purchases Hampshire County land from estate, 295 Washington, Samuel (great-nephew), 21 Washington, Thomas (great-nephew), 21 Washington, Thornton (nephew), 21; title of real estate validated to heirs and assigns of, 51-52, 161; bequest to heirs of, 66 Washington, Mrs. Warner, 15; be-Index quest of a mourning ring to, 59, 164 Washington, William Augustine (nephew), 13, 21, 29; gift of sword to, 30, 59; bequest to, 55, 65; appointed co-executor, 68; 161; and the devise of Mount Vernon, 201; letter to, 220 Washington, Mrs. William A., 21; bequest to, 66 Washington and Lee University. See Liperty HALL ACADEMY “Washington and the West”, bert, 344 n. “Washington as an Employer and Importer of Labor”, Ford, 155 n. Washington Brick Company, present owners of “ Abington” the Custis’ home, 227 n. Washington, city of, real estate in, 7, 8, 18; Square No. 21 in, 14, 34, 231; no legal designation for, 37 n. ; debt incurred in building in, 101, 103; depreciation of value of land in, 234; the beginnings of the, 246; first sales of land in, 246 Washington Coal and Coke Company, 116, 117 and x. Hul- Washington College. See Liperty HALL ACADEMY “ Washington—Crawford Letters, The ”, Butterfield, quoted, 301, 324, 326 n. “Washington Day by Day”, John- ston, 220n. “Washington in Love wise’, Prussing, 10 n. Washington manuscripts, in the Li- brary of Congress, 13., 460-463 Washington Monument, the, first suggestion of, 18; laying the cor- ner stone of, 243, 244; completion and dedication of, 243-244 “Washington, the Man and _ the Mason”, Callahan, 38n., 163 n. Washington’s Bottom, tract of land on the Ohio River, 341; valuation of, 341 “ Washington’s Death and Doctors”, Cohen, 18 n. “Washington’s Ohio Lands”, Ran- dall, 318 n, and Other- old “ Washington’s ‘Tour of the Ohio’ ”, Hulbert, 302 n., 323 n. Water lots, in Washington, 246; beneficiaries’ sale of, 251-252; plan for clearing title of, 252-253; friendly suit over, 253-258; sale of, by court’s commissioner, 257; loss to estate on, 257-258; present condition and value of, 259 Welch, James, Washington’s largest real estate deal made with, 119; unsuccessful outcome of the trans- action with, 119-121; letter from, 314n.; 336, 345; account with, in Ledger “C”, 384; correspondence with, regarding Great Kanawha lands, 464-475 Welch, Wakelin, letter to, regarding sale of Bank of England stock, 128-129 “ Wellington” tract of Mount Ver- non estate, 211-213 West, John, letter to, 26n. West Virginia, the real estate in what is now, 2, 7 White, Alexander, letter to, 247 Will of George Washington, the, pub- lication of Jackson’s copy of, 1-2; the writing of, 12; lack of wit- nesses to, 12, 36-37; preservation of, 24, 39-40; characteristics of, 24-25; the several clauses of, 26- 36; not valid in certain States, 37, 235; beneficiaries under, 38-39; the Gunther copy of, 40-41; literal copy of, schedule and notes, 42-83; pro- bate of, in Fairfax County Court and in District of Columbia, 84-86; appraisers appointed, 86; petition for probate of, in District of Co- lumbia, 245 Will of George W. P. Custis, 476 Will of Martha Washington, 389- 392; the loss and recovery of, 393- 400 Will of Robert E. Lee, 479-480 Will of Mrs. Robert E. Lee, 478 Wills, his familiarity with the draft- ing and administration of, 25 “Wills of George Washington and His Immediate Ancestors”, Ford, 25 n., 202 n., 240 n.512 Wilson, Mr. Justice James, 278, 279, 280 n. Wilson, Woodrow, “George Washing- ton ”, 12 7. Wilstach, Paul, ‘“ Mount Vernon, Washington’s Home and the Na- tion’s Shrine”, 106%7., 203 %., 240 n., 242 n. Winthrop, Robert C., orator at lay- ing of corner stone and at dedi- catory exercises of the Washing- ton Monument, 244 Witnesses, lack of, to the Will, 36-37 Index Wolcott, Oliver, Secretary of War, letter to, 115-116 “Woodlawn”, proposes leasing, to Lawrence Lewis, 13, 33; 213-223 “Woodstock Manor”, Montgomery County, purchase of, 264 “Writings of Washington, The”, Ford, 67., 150 and n. “Writings of George Washington, The”, Sparks, 67., 149 n. Youne, ArtTHourR, letter to, describing Mount Vernon, 196PLEASE RETURN TO ALDERMAN LIBRARY DUE DUE Zee See) CaCl ay > 1 Gil : | 5) 5-34-45RX O01 650 38?