George Washington Papers

To George Washington from Daniel McCarty, 6 December 1769

From Daniel McCarty

Decr 6th 1769

Dr Sir

I send you by Mr Peirce Bayly the Deeds made by me, and my wife to Mr Chichester, and Likewise them from him, and his wife to me, as also my Grandfathers will, Wherein you will find in the 3d Page how he Gave the Land, Fairfax County was then Stafford, and by Looking over the will you may see some hardships which my father was laid under more then Either of his Brothers—My wifes fathers will I have not, neither is it in my Power to get it at this time, it being on the Records of Lancaster but you may see by the Deeds made to Mr Chichester in what maner it was Given, Which I hope will be Sufficient1—We have at last had a Vestry to lay the Parish Levy which is Sixty three per Pole 34900 being Levy’d Towards Paying for the Church, and by those Very Gentlemen who was so much against it formerly,2 Mrs Posey and Old Mrs Johnston are both Dead within two or three Days of Each other3—You will Remember that I informed You that I have Near Six thousand acres of Land more which is all intail’d, lying in the County of Loudoun, and I must beg your Care of the Papers Now sent, My wife Joyns me in our Compliments to your Self, Mrs Washington and Miss Patcy, hopeing to see you all Return in Good health, And I Remain with Great Esteem Dr Sr Yr Most Obet Hble Servt

Daniel McCarty

N:B: I never Recd yr Letter Until the 24th of Novr.4

ALS, DLC:GW. The letter is addressed to GW “at Williamsburg,” and “per favr of Mr Bayly.”

1On 12 Dec. 1769 GW presented to the House of Burgesses a petition from Daniel McCarty setting forth: “that the Petitioner is seized in Fee Tail under the Will of Daniel M’Carty, his Grandfather, of 2,000 Acres of Land in the Parish of Truro, and County of Fairfax, and is seized in Fee Simple of 1000 Acres of Land, in the County of Fauquier, purchased of Richard Chichester, and Sarah his Wife, and that it will be to the Advantage of the Petitioner, and those claiming in Remainder, if the Intail of the said 2000 Acres of Land in Fairfax was docked, and the said 1000 Acres of Land in Fauquier, with nine valuable Slaves, settled in Lieu thereof; and therefore praying that an Act may pass for that Purpose” (JHB description begins H. R. McIlwaine and John Pendleton Kennedy, eds. Journals of the House of Burgesses of Virginia. 13 vols. Richmond, 1905–15. description ends , 1766–1769, 332–33). The house passed the amended bill on 19 Dec., and GW carried it to the council for its concurrence (ibid., 336, 340–42, 347). The council did not act upon the bill, and in the next session of the legislature, on 7 June 1770, GW and Edmund Pendleton were sent by the House of Burgesses to the council with a message asking the council to “expedite the Passage” of the bill. The following day, 8 June 1770, the council replied: “The Council’s Answer to the Message of your House to expedite the Passage of a Bill, intituled An Act to dock the Intail of certain Lands, whereof Daniel M’Carty is seized, and for settling other Lands and Slaves to the same Uses, is (without taking Notice of the Novelty and unusual Terms of such a Message) that they have exercised that Right which the Constitution has vested in them of rejecting the said Bill, and it is accordingly rejected” (JHB description begins H. R. McIlwaine and John Pendleton Kennedy, eds. Journals of the House of Burgesses of Virginia. 13 vols. Richmond, 1905–15. description ends , 1770–1772, 55–56).

McCarty’s wife was Sinah Ball McCarty, daughter of Maj. James Ball of Lancaster County. McCarty’s grandfather, Daniel McCarty, died in 1724 in Westmoreland County. Richard Chichester (1736–1796), originally of Lancaster County, moved to Fauquier County and in 1766 married Sarah McCarty (d. 1826), daughter of Daniel McCarty. The Chichesters later moved to Fairfax where they lived at their house Newington near Accotink Creek. Both McCarty and Chichester were GW’s cousins.

2The Truro Parish vestry met on 1 Dec. 1769 and decided to supply 34,900 pounds of tobacco “for Buildg the Church &c.” For this and other projected expenses 68,670 pounds of tobacco would be collected by levying “63 lb. Tobo per Poll” (Truro Parish Vestry Book, on deposit at DLC).

3Elizabeth Adair Posey died within six weeks of the sale of John Posey’s ruined estate, which took place on 23–25 October. Mary Johnston’s will was made on 20 Nov. 1769 and proved in court on 18 Dec. (Fairfax County Will Book C [1767–76], 73–74, ViFfCh). She left her entire estate to her granddaughter Mary Johnston Massey, daughter of GW’s old friend George Johnston (d. 1766) and first wife of Lee Massey, minister of Truro Parish.

4Letter not found.

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