James Madison Papers

To James Madison from James Barbour, 17 January 1802

From James Barbour

Garrard County near Danvill⟨e⟩ Kentucky Jany. 17th. 1802

Dr Sir

Some of Colo. Geo. Masons Surveys Caveated by Geo. Wilson has been Tryd here wherein Mason was Successfull.1 Joseph Daviess who was Wilson Attorney here & bought him out appeald & followed the appeal himself & says he plead his own cause & has said he has heard that the Feoderal Court has reversed the judgmt. of this Court & given him the Land. After the Death of your father I had the Caveat against him revived in Bardstown District Court where it was at his Death, since the revival Joseph Daviess has brought the Caveat anew in the Feoderal in his own name. James Hughs2 our Attorney or one of them has desired me to write to you to inform you of the Circumstances least Daviess shoud endeavor to take some advantage of you. I told him I believed there was no danger as you woud not do any thing Rashly. I shall here inclose some of Colo. Geo. Masons Observations3 which I think Very good & cannot believe that if the Court at Washington know the law will reverse Masons judgmt. Mr. Hughs Says he Shall most certainly get a judgmt against Wilson here & as the revival of the suit was made before Daviess brought his Suit in the Circuit Court it cannot effect it, it will not be amiss to shew these observations to Masons Lawers even if the Decision is made perhaps the Court will reconsider it. I have seen the Presidents Communications we are much pleased with them here. I have also seen some debates between Giles & Bayard.4 I hope from the great Majority of Republicans in the House of Delegates they will be able to make every necessary enquiery into the Conduct of those defaulters. I wish much to hear that the Cooper will be calld to account for the Staves he received paymt for5 & Mr. Lee for his Ore bank. I think it now morally impossible that we shall go rong—however you do not all please Mr. Daviess the Gent. I have before mentioned he told me that he had been to See all the great men even Mr. Adams & notwithstanding he approvd. of his admini[s]tration he dose not think him a great man. I am Dr Sir with every Sentimt of esteem your Very Hum Set.

Jas. Barbour

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