From George Washington to John Gill, 17 May 1795
To John Gill
Philadelphia 17th May 1795.
Sir,
I have received your letter of the 8th instt—and if writings drawn strictly conformably to the spirit of the instructions contained in the enclosed letter to Charles Lee Esqr. (left open for your perusal) will answer your views in the purchase of my land on Difficult run, they may be prepared by him, & sent to me for the signature on my part.1 If, on the other hand, adhering as strictly as I do, to the principle on which I set out, does not meet your approbation, be so good as to return the letter and deeds therein; & the receipt of them will not be less acceptable than the first named writings.
You will perceive by these instructions, that not a stick of timber, wood, Coal or Ore: (if any should be on the land) is to be removed therefrom, until the purchase money is paid. This may be interpreted (at first view) a rigid clause; inasmuch as the ground which may be cleared, & the timber which may be cut for fencing & other purposes, might afford more firewood than the immediate demand of the farm might require—this may be true, but it does not follow that it will be lost, if corded. To husband it therefore (while I retain an interest in the land); to avoid all inducement to fell it, faster than the farm may require; and to avoid all ground for dispute; In a word, not to lessen the value of the property until it is actually gone from me, are my motives to this precaution; especially, as the removal from off the land,2 of a timber tree or two—or a few cords of wood, might give rise to a magnified tale which might induce investigation; & be productive of unpleasant sensations: to avoid which is more desirable than to apply a remedy.3 I am Sir Your Obedient Hble Servt.
Go: Washington
ALS (letterpress copy), NN: Washington Papers; LB, DLC:GW.
1. On this date, GW informed Charles Lee that “Mr Gill (of Alexandria) and I, have been in treaty sometime for a small tract of land which I hold in Loudoun county on Difficult run, at the bridge on the Leesburgh road. If he will agree to the following terms—from the spirit of which there will be no departure—such writings as will subserve both of our purposes, I pray you to draw.
“1st—For him to hold the land by lease for the term of ten years, to commence from the date of the instrument; for the use and occupation of which, he is to pay in coin of the United States, or other money current at the time, & equivalent thereto, four hundred and thirty three dollars and a third yearly, & every year during the continuance of the said lease, at the Bank of Alexandria, for which a check is to be given.
“2d—If any part of the said sum of 433⅓ shall be behind, or unpaid in manner aforesd, thirty days after the same shall become due, it shall & may be lawful (and optional[)] for me to re-enter and take possession of the premises as if no such lease had ever been granted. And if property should no⟨t⟩ be found thereon adequate to the rent, recourse in the ordinary mode, may be resorted—for recovery of the same.
“3d—That not a timber tree—stick of wood—coal made therefrom—or Ore, if any be on the land, shall be removed therefrom, under any pretence whatsoever; or used otherwise than for the purposes of the premises.
“4th—That for the support and benefit of the same, there shall be left standing on the said tract, at the expiration of the lease a fourth part, at least, of the wood.
“5th—It is understood and agreed, and the parties accordingly are to bind themselves as follow—viz.—John Gill, his heirs &ca to pay to George Washington his heirs &ca on or at any time before, the expiration of the aforementioned term of ten years, the sum of Six thousand, six hundred and Sixty six dollars, & two thirds of a dollar, in the manner before mentioned; and for surety thereof, is to give his own bond with sufficient penalty. In consideration of which payment, well & truly performed, George Washington, or his heirs &ca is to convey, in fee simple, the aforesaid tract; and the rent thenceforward is to cease, & determine.
“6th—And Whereas by Deeds of lease & release from the Revd Mr Fairfax to me, the stream of difficult run is made the boundary between the land thus conveyed, to me, and land conveyed by deed from [ ] to [ ] on the other, or lower side of the run and whereas by the last mentioned deed, a straight line is called for as the boundary between the two tracts, which may, according to circumstances, occasion a diminution in the quantity of my land; now it is understood and agreed, (be this as it may) that no alteration, consequent thereof, is to take place in the rent, or in the purchase money of this tract: for by the tract, and not by the acre, I sell it. The Deeds from Mr Fairfax to me, specifies two hundred & seventy five acres only; but by a resurvey, if I recollect rightly, it measures Three hundred & three acres; but I mean to give no other warrantee than I have received of it; and from this, to except what might be involved in dispute by the different lines; & so I would have it expressed, in order to avoid a controversy hereafter” (ALS [letterpress copy], NN: Washington Papers; LB, DLC:GW).
2. The letter-book copy does not have the four previous words.
3. For a summary of GW’s dealings with Gill under this lease, see GW to Gill, 19 Oct. 1799, notes 1 and 2 ( 4:352–53).