West Springfield Sepr 18th 1828.
William Buell Sprague with his most respectful regards to the Honorable Mr Madison, begs that he will accept of his most cordial thanks for the repeated expression of kindness in giving him the information requested in his last letter. It gives him great pleasure to hear of Mr M’s general health, & he hopes that before this time he is quite restored from his late bilious attack. WBS takes the liberty to ask Mr M’s acceptance of an address delivered on the 4th July last by a clergyman in this neighborhood, before the Colonisation Society of this county. He would always regard it a privilege to render Mr M. any service which might be in his power, and begs that he will accept once more the assurance of high respect & sincere gratitude.
RC (DLC). Docketed by JM.
Indenture. Sale of land (in trust for Francis K. Cowherd) in Orange County by JM to Charles P. Howard and Reynolds Chapman
This Indenture made this twentieth day of Sept one thousand eight hundred and twenty eight, between James Madison of the first part, Charles P Howard & Reynolds Chapman of the second part and Francis K Cowherd of the third part, all of the county of Orange and state of Virginia—Whereas the said James Madison is indebted to the said Francis K Cowherd in the sum of three thousand dollars by penal bill bearing even date with these presents and payable twelve months after date, the payment of which debt the said James Madison is willing to secure by conveying to the said Charles P Howard and Reynolds Chapman and the survivor of them, and the heirs of such survivor the tract or parcel of land herein after described in trust for that purpose Now therefore this Indenture witnesseth, that the said James Madison for and in consideration of the premises and of the sum of one dollar to him in hand paid by the said Charles P Howard and Reynolds Chapman at or before the sealing and delivery hereof the receipt whereof is hereby acknowledged hath granted, bargain and sold and by these present to the grants bargain and sold, unto the said Charles P Howard and Reynolds Chapman and the survivor of them and the heirs of such survivor all that tract or parcel of land situated lying and being in the said County of Orange, called Black meadow adjoining the lands of Catesby Cowherd, Yelverton Cowherd and others and containing by estimation eight hundred acres be the same more, less together with all and singular the privileges and appurtenances thereunto belonging. To have and to hold the same to them the said Charles P. Howard and Reynolds Chapman and the survivor of them and the heirs of the survivor to their proper use and behoof In trust nevertheless to and for the following uses and purposes, that is to say, that the said Charles P Howard and Reynolds Chapman and the survivor of them or the heirs of the survivor to their proper use and [ ] In trust nevertheless to and for the following uses and purposes, that is to say, that the said Charles P Howard and Reynolds Chapman and the survivor of them or the heirs of the survivor shall and may after the expiration of twelve months from this day at the request of the said Francis K Cowherd or his legal representative proceed to sell to the highest bidder for ready money the aforesaid tract or parcel of land or so much thereof as shall be necessary, such sale having been previously advertised in some newspaper published in the town of Fredericksburg for thirty days and out of the proceeds of sale in the first place pay all costs and charges attending such sale and secondly the debt aforesaid due the said Francis K Cowherd and the interest which shall have accrued thereon, and the balance if any to the said James Madison or his legal representative—provided however, that the said trustees are not to make sale or advertise a sale of the said land or any part thereof till after the expiration of four months from the time the said Francis K Cowherd or his legal representative shall have required payment of the said debt by notification in writing, of the said James Madison, or his legal representative, nor is such requisition to be made till after the expiration of twelve months from this date. And the said James Madison doth hereby for himself his heirs executors and administrators covenant and agree to and with the said Charles P Howard & Reynolds Chapman and the survivor of them and the heir of the survivor that he will warrant and defend the title of the said land from and against the claims of all persons whatever. But should the aforesaid debt and the interest thereon be paid without any sale being made under this deed, then the same shall be void In testimony whereof the parties aforesaid hereto put their hands and seals the day and year first here in written
Signed sealed & deliveredJames Madison (Seal)
in presence of
W. M. Chapman (Seal) Reynolds Chapman (Seal)
Richd. M Chapman (Seal)
Nathan Salley (Seal) as to J. M.
At a monthly court held for the county of Orange at the courthouse on monday the twenty second of September 1828. This Indenture of trust was proved as to the [ ] of James Madison a party thereto by the oaths of W M Chapman Richard M Chapman and Nathan Salley the witnesses thereto and acknowledged by Reynolds Chapman also a party thereto and ordered to be recorded
Reynolds Chapman c c
Ms (Vi: Orange County Courthouse Records).