Robert Carter writes to Edmund Jenings, Jr., March 8, 1721, who has been acting for his father who had held the lease of the Northern Neck proprietary prior to Carter's assumption of it. Carter disagrees with Jenings about the handling of the lease, especially in their approach to escheats, and in the issuance of deeds. He chides Jenings about the handling of the records, and concludes that he will not fight "a paper controversie with You" but if Jenings will do him justice, he will not pursue the questions he has. He deleted from the draft a sentence about erasures in the records of the dates on which deeds were issued.
Yors. by Captain Turbervile
I have and find
Your notions &
mine very much
differ about Justice in the business of the Escheat
which I shall always Study to do to every body but must be allowed
to make my own reason the measure of my actions & not another
mans, The right of Escheats arises to the Proprietors
no doubt from
the time of the dying seized without heirs, but the right in the Propri=
=etors to the Composition commences from the passing the deed
& I must strangely alter in
my notion
opinion
before I shall be brot. to be
perswaded
to
believe it is right
Just
for me so
to do otherways.
Your distinction that I must pass
the
Deeds as I am Agent for the Proprietors & not in their
my own
name
there's no weight in It that I can see, I believe no person
concerned in their affairs will pass any deed in their own
names so I shall Still lay the Justice of the poor man's case
at Your Door, let the right of Escheats fall whe re
they will
I do not well remember what I said to You about the deeds
that remain in the office unpaid for but if I did Demand
them It was upon the Expectation that they never would be paid
for and than I am sure it is highly reasonable that the Proprie=
=tors should be made acquainted with It, & . . .
that
they may fall upon a right method to come at their rents &
that must be by cancelling & regranting, as for the Consideration
if it is to be had is Colonel Jennings'
right
I make no question
about, but if not I think in Generous Justice he ought to return
the Deeds to the office and I believe he will be of the Same
opinion, but what say You to the last Rent Rolls, be=
=lieve you'll hardly Scruple owning they belong to the office and
nor
the plats neither as many as there was, Indeed I always
thought the Surveys belonged to the owners of the Lands, & we are gone that way is well enough
I can give
You convinceing reasons there was no probability, the office
Should remain where it was, but that in Its proper time
You are the only fit person to make a list of the Deeds that
You have passed since the 29th of September 1719, & of all other things that . . . to . . . in my head & to give me satisfaction
I cannot Expect a
right Information from any Mortal living beside considering
how many erasures there appear to be in the book in the
very place where the Deeds are Dated, how far Your Clerk
may have been concerned in this I cant pretend to know
in all other things, that seem to want an Interpretation
Do me fair and open Justice and I Shall be easy and not desirous
to meddle in Colonel Jenings's time, as I dont take You to be
infallible So I am far from pretending to be so my Self.
when I entered upon the office, I had a very dark pattern to
follow. I preceded You and I hope You will allow me to
say without offence
that I Should be very sorry if my record
books had been kept
in that Dark
mysterious Immethodical
manner as You have made Yors. is, I shall not further enter into a
the method of
paper contoversy with You, if amicable ways won't
do; It's none of my fault, The Proprietors right & mine
too must be come at some way or other, I wish You a cheap-
er bargain in plank than I can afford You, & am Sir