James Madison Papers
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From James Madison to Nicholas B. Van Zandt, 31 October 1826

To Nicholas B. Van Zandt

Ocr. 31. 1826

I have just received Sir, your letter of Octr. 28.1 inclosing a copy of your Bill in Chancery and very sincerely sympathise in the distresses which led to it; the more so, as to other motives, it adds the personal sentements it expressed towards me. I cannot but regret at the same time, that it has been thought advisable to make me, in any manner a party, in the persuit of your claim ⟨on⟩ Mr Cutts—you will not be surprized at this regret, when I state that the purchas⟨e⟩ of Property I made of the Bank, was a bonafide one on my own account; that I was from the beginning personally bound2 for payment; and am still so, for the unpaid balance; that the property purchased, will be as absolutely mine if the title of the Bank be good3 as the House in which I dwell; and that neither Mr Cutts, nor Mrs. Cutts have, or ever had in it the smallest right or interest: actual or eventual, in law or in equity; or even by any mutual understanding, express or tacit. And I might add if it could be necessary; that Mr Cutts has long been and still is a debtor to me.4 If these facts receive the confidence due to them, it is not perceived that any possible advantage can be expected for the continuance of my name as a defendant or witness in the judicial proceedings to which you have resorted.

With respect to the furniture secured by a Trust to Mrs Cutts, what I have to say is, that it was purchased with a benevolent fund over which her Husband never had any controul whatever, legal or equitable. I must say also on another point, that I have no knowledge that it was even signified by Mr Cutts, as supposed, that he owed you nothing. I have lost no time in giving this answer to your communication in the hope that it will correct whatever errors may have related to me, and relieve me from a situation unavailing to you, and the more unpleasant, as being so new a one, to me.

I shall apprise Mr. Cutts of your having furnished me with a copy of your Bill and of my having answered5 communication.

FC (NjP: Jasper E. Crane Collection of James and Dolley Madison); draft (DLC). FC in Dolley Madison’s hand, with date and emendations by JM.

1Letter not found.

2JM canceled a word here and replaced it with “bound.”

3JM interlined “if the title of the Bank be good” here.

4For Richard Cutts’s bankruptcy and the sale of his Washington properties to JM, see Madison and Richard Cutts’s Financial Difficulties, Editorial Note, PJM-RS description begins David B. Mattern et al., eds., The Papers of James Madison: Retirement Series (4 vols. to date; Charlottesville, Va., 2009–). description ends , 2:19–22.

5JM wrote “this answer to your” here and then replaced it with “my having answered,” omitting “the.”

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