December 25, 1821

I cannot suppose

Johnstown 25 Dec 1821

Dear Nephew,

I cannot suppose that any benefit to anyone can possibly result from Mrs. Cochran's annuity passing through my hands - come from whom it may she will know that it is the county of her Father and if it be not, in her opinion enough, she will look to you to make up the deficiency - and if you refuse, you may be reproached by her and her husband and those reproaches you must hear as much like a Christian as you can.

If Doctor Henry has any real estate would it not be advisable to get an assignment of the oldest judgment against him and sell what estate he has in Otsego - [and] his equity of redemption in the triangle? This might save the expense of foreclosing his equity of redemption under the mortgage. His failure will I fear have a bad effect upon the future sale of the lands which he has had in charge, and it will require much consideration to determine how far it will be advisable to throw, the loss upon those who have purchased of him - how is that estate hereafter to be managed? To make it productive will it not require the attention of some person the greater part of the time?

I am Dear Nephew
Yours Sincerely
D Cady

Mr Gerrit Smith

December 10, 1821

Your Father left us

Johnstown 10th Dec 1821

Dear Nephew,

Your Father left us two weeks since very much depressive in spirits and very much dissatisfied with the world. On the 30th [Ult.] he writes to me and in his letter he says "I cannot do without a payment in May short of $10,000 I ought to have had it before, [cruel] that I have not! I must entreat you to see to it! I think I have reason to believe that the collection is to leave me this cramped thereby [ruling] down my spirits [lo when our] I to obtain a residence!" I know nothing about the means you have of raising money but money must be had and I am apprehensive that your Father intends me shall pay his bonds let the effect be on the estate what it may - and the estate must be great and productive indeed if $250 and can be paid out of it in 15 years and exclusive of takes [Ru?].

I have written to Mr [Talcott] in the Lasher cause + directed him to charge you with a [unusual fir?]. I shall bring our question in that cause before the Court on [demurrer?] unless the Plaintiffs around their replication - and should the Supreme Court decide against us I think we must bring a writ of error. I hope you finished Doctor Henry's business, in good order - Although I have suspected him to be had [way] - since I wrote to you last year.

I am Dear Nephew
Yours Sincerely
Daniel Cady

G. Smith

PS You were to have forwarded to me a list of the tax lands in this part of the estate - that a sale might be made. They ought first to be sold if any thing must go under price.

November 22, 1821

Difficult for me to say

11/22/1821

Dear Nephew,

It is difficult for me to say what you ought to do with Doctor Henry unless I knew what he has done I think however you ought at once to call upon him and get an account of all sales which have been made by him, and of all monies received, and of all bonds and mortgages which he [unreadable] has on hand, you ought if possible to get possession of the bonds and mortgages which may be in his hands. And when you have obtained all the information from him which you can get you ought then to go in person or by a competent agent to every man on the land and learn when he purchased how much and when he has paid any money to Doctor Henry - you ought then to search the Clerk's office from the date of his [power] to this present day and learn to whom he has sold any lands + from whom he has when any mortgages you will have to search the Clerk's offices in Chenango + Broome. And when you have done all this, you will be able to say very nearly how much of a rogue he is - and what must be done with him. I have no doubt he will be unwilling to exhibit his account he will wish you to call again; but you must stay with him until it is done. His power of attorney ought to be delivered up, if he refused that, it will furnish [evidence] that he wants to cheat more. The [reservation] of his [promise] ought to be shown to him, and [reserved] in Chenango + Broome, and notice ought to be given to all persons on the land not to pay him anything now.

In short you must adopt all wise and prudent and energetic measures to get into your hands all the papers relating to the estate and as much of an indemnity for his defaults as you can. He shall have to foreclose his mortgage and that will delay and [embarrass] my future sales of the property for some time. Were their [unreadable] judgments against him it might be safe to take a conveyance from him, but should this be done and the mortgage discharged. The judgment creditors would [claim] a right to sell his share of the land.

Were it not for the business of the roads I would meet you at the Doctors, but should you find the business with him so [embarrassed] that [resort] insist be used to law. Let me know all the facts and if necessary I will attend to it.

I am Dear Nephew
Yours sincerely
Daniel Cady

Mr Gerrit Smith

Johnstown 22nd Nov 1821

October 29, 1821

The cause with Lasher

10/29/1821

Dear Nephew,

I am not certain when the cause with Lasher + Mc Michael will be tried but expect it will be in the first week in December and in January judgment may be given and then you must have ready $7000 to prevent an execution. Should the judgment be against the plaintiff of which I have little very little hope, you may dispose of the $7000 in some great speculation, although we ought to. Have you great crops of wheat ready for market?

Your Father has returned from his eastern journey very much pleased with the Yankees; but your letters which he received on his return at Albany trouble him very much. How he has [merited] from you a charge of having broken up your domestic happiness he cannot imagine. I very much regret that you should ever deem it necessary to make any accusation against him, but when that becomes necessary, would it not be most advisable to state the act which he has done, instead of making a general charge of his having broken up your schemes of happiness? He would then know in what he had offended.

He intends to send his horses to Schoharie, have his carriage at Johnstown, go to Utica in a stage, to Canastota, + boat from that place to Peterboro in a waggon [sic], pack up or sell his goods and bid a long farewell to Peterboro, although he would prefer living at that place to any other.

I hope you may be able to give him abundant consolation and induce him to take back his estate giving you enough to pay for Florence. I am confident he would manage his estate more advantageously than you and I can, and if he did not he would be better satisfied with it.

I think you have settled the Johnson business well + I wish you would negotiate as successfully with Lasher. That man ought to be punished, shall we put him in [gaol] and compel him to take the benefit of the act? Do you intend to let Brown escape? He too ought to be chastised as a rogue.

I am Dear Nephew
Yours Sincerely
Daniel Cady

Mr Gerrit Smith

Johnstown 29th Oct 1821

October 08, 1821

The Chancellor

10/8/1821

Dear Nephew,

The Chancellor has dissolved the injunction in the cause of Lasher and McMichael vs. your Father. It will probably be tried at Troy at the next Circuit in the County of Rensselear [sic], in Nov. or Dec. next. I do not know what may be the result of the trial but you must have the money ready.

I wish you would take the letters which Mr [Trast] wrote to your Father respecting the note and call upon Mr [Trast] and see whether he still recollects what Lasher said respecting the consideration for which he received the note. I have written to Mr [Trast] on the subject but can get no answer from him. I fear he is the friend of Lasher and unwilling to say any thing to his prejudice.

I am Dear Nephew
Yours Sincerely
D Cady

Mr Gerrit Smith

8th Oct. 1821

August 13, 1821

Turnpike question

8/13/1821

Dear Nephew,

Your turnpike question is one which has never been decided by the Court to my knowledge. I do not believe the right to demand toll is the subject of sale on execution. I give this opinion without examination. Yet the gates + road itself may probably be sold and the purchaser although he may not acquire the right to demand the toll may [and] probably would acquire the right of cutting down or removing the gates, + taking possession of the road + toll houses. To that you had better purchase than to loose [unreadable].

The business with Johnson will answer not withstanding the mistakes. Your Father left here last week after having his [gig] repaired in the [least] possible manner so that no lady who is the least inclined to matrimony can say no,

Yours Sincerely
D Cady

Mr G. Smith

Albany 13th August 1821

August 02, 1821

3 weeks since a letter

8/21/1821

Dear Nephew,

About 3 weeks since a letter, enclosing an injunction [+] to serve on Johnson, was put into the Post office at Vernon. I am anxiously waiting to receive an affidavit of service.

Your Father is, I do not know exactly where - at the Springs - at lake George - at Albany or on the road from one of those places to the other or he may, in the eager pursuit of a wife, be on the road to Boston.

I have just received a short letter from Peter and from the [successes] in which he speaks of his health, I fear he is in danger. He speaks of drinking water, living on vegetables + being bled once a week. The physician must be a fool, or the patient is in danger. It frequently appears to be one of the dispensations of providence that a man capable of being splendidly great, should be beset with [passions] or misfortunes, to check his growth and bring on untimely decay. I hope however that Peter's fate will not tend to prove the truth of this remark.

I am Dear Nephew
Yours Sincerely
D Cady

Mr Gerrit Smith
Johnstown 2nd August 1821 [the top right notation of date is incorrect]

March 05, 1821

You will recollect

3/5/1821

Dear Nephew,

You will recollect that last July an action was commenced against your Father by Lasher + Michael on a $5000 note. A will in Chancery was filed against them for [a discovery] of the time and circumstances at and under which they received the note. They have filed their answer to that will and have sworn to such parts as will probably prevent our being able to make any defence. You must therefore by the first of June before be prepared to pay
$5000
Interest 5 years +months 1837
Courts 300
$7137

An application will be made to the Chancellor to dissolve the injunction on the 19th instant which I can hardly hope to resist, and if not the cause will be tried on April at the Albany Circuit + final judgment + execution be had in May. We have a good defence I do not doubt could we get at the truth on the trial, but how can that be done when all the persons knowing the transaction are parties upon the record and cannot be witnesses. Glass or land must be converted into money as fast as may be.

Yours sincerely
D Cady

Mr Gerrit Smith

5th March 1821

February 27, 1821

Saw your father

2/27/1821

Dear Nephew,

I saw your Father last week at Albany very much engaged in buying lands while the sales last all his troubles are forgotten. He feels however somewhat uneasy respecting the Chenango estate in the hands of Doctor Henry and insists that we shall go to him and learn distinctly the situation of the business. I wish you would inform me what you have done with or heard from him, since I wrote to you on the subject.

The rumour is that you are engaged in a speculation in or about Rochester for more interesting glass making or taking care of an estate, and probably that may be attributed to your neglect in not writing to your Father while he has been at Albany. He speaks of that neglect most feeling by, I presume however that he did not know the cause. Land has for the present driven the ladies out of his heart and his mind and I hope that as soon as the tax sales are over he will purchase out the Holland company, to do which he I suspect is very much inclined.

Remember me to Mrs [Backus and Robert]

Yours Sincerely
D Cady

Mr Gerrit Smith

Johnstown 27th Feb 1821

December 21, 1820

writ delivered

12/21/1820

Dear Nephew,

I enclose to you a writ which I wish delivered to a [Coronce?] unless a Sheriff and his very honest deputy Mr French calls refuge and settles the ballance [sic] due upon my foremans order. About 3 weeks since my partner called upon French who denies that he has ever collected the money. I have by this mail written to him and the Sheriff and one on [hath] may call upon you and [riettice?] than have the trouble of a [serit?] with the Sheriff + to trouble you as a witness to prove Frenchs admission that he had received the money you may take a good note note [sic] payable in sixty days. This you can tell them is a favor you give them as they are your other Clintonians.

I have received several letters from your Father who is disappointed that you do not write to him, in his last he intends to muster up courage and go to [theater]. What do your Farm and Treeholders say in regard to the convention? It is a more serious business than is generally supposed - I consider it an artful attempt to increase the power of influence of the large cities + towns at the expense of the county by extending the right of suffrage to every hukster [sic] and vagabond in New York [then?] [unreadable] a most pernicious influence in our elections. There are but few freeholders in that City compared with its population which in the country every solid industrious man is or easily can be a freeholder, but extend the right of suffrage as is contemplated, and that City alone would be entitled to two if not three Senators.

The Freeholders in the country ought to know the powers which they do possess and not tamely surrender them. The exclusive right which freeholders have of voting for governors + senators is a powerful incentive to all who can to purchase freeholds which has a beneficial affect in stimulating to industry + ought not to be needed.

I wish you would stop glass blowing enough to let me know what are the prospects of paying the first installment on our land + interest. Should we [make down] the first year it will discredit us as speculators.

I am Dear Nephew
Yours
D Cady

Mr Gerrit Smith

November 10, 1820

11/10/1820

Dear Nephew,

I have not nor shall I have time to go to Oppenheim to see land advertised by Malcolm. I have however seen the deed and that is so drawn that it will cover but 105 acres instead of 200. The mistake however in the deed may never be discovered by those who [unreadable] it. I find that Malcolm was advertised under the same mortgage about 300 acres in Oppenheim. That is worth I presume about the same as the other. I think it probable that Mr Cochran has a description of all the lands advertised, made by [?] a surveyor. As these lands were mortgaged as collateral security for the note you gave. I think you ought to call on Malcolm + [Lathrop] and tell them that you shall insist on being credited the $200 which you have paid and whatever the land shall sell for + that unless they at once make that arrangement you will take measures to compel them or do it or protect yourself on account of the usury in the note.

I have forwarded to your Father at New York my years account which I presume will reach him but not cure all his misfortunes. I have heard from him and he does not appear to be in possession of a great share of happiness.

I am Dear Nephew
Yours Sincerely
D Cady

Mr Gerrit Smith

10th November

October 17, 1820

Received the Money

10/17/1820

Dear Nephew,

Have you received the money for which I gave you an order? If you have send it by Van [Vechten]. Your Father has gone South how far I do not know. Perhaps to Charleston.

D Cady

Utica 17th Oct 1820

May 06, 1820

half after seven

Johnstown 6 May 1820

Dear Nephew,

I was hear [sic] half after seven. Looked at the calendar and did not find the cause of Robertson. I [however] went to Whitesborough where the Court is held + am now to eat dinner and be off. The bank cause will be decided in [unreadable] against us. You must therefore by that time have $12,000 in your pocket.

Yours Sincerely
D Cady

Mr Gerrit Smith

March 24, 1820

Form of conveyance

3/24/1820

My Dear Nephew,

What form of conveyance do you wish for? For us to execute as Attornies or as Lords of the Soil? If as attornies I ought to have before me the power under which we are to act, its provisions I do not sufficiently recollect to enable me to draw the form of a deed.

I have obtained from Mr Loulden the bill of the goods and the receipt for the note in the receipt. The note is described as one made by Loulden Smith + Co in the judgment it is described as made by Loulden + Smith. How are we to prove that the note described in the receipt and judgment is the same?

How much glass have you made and what are the prospects of selling it? Can you with glass pay the interest of $125,000? If lands in your part of the county depreciate in value as much as they do here, the dividend to be made at the end of fifteen years will not be worth quarrelling about.

I am Dear Nephew
Yours Sincerely
Daniel Cady

Mr. Gerrit Smith

Johnstown 24th March 1820

February 29, 1820

Case of James Robertson

2/29/1820

Dear Nephew,

In the cause of James Robertson vs. your father - Peter, Loulden + Vern [Leutroud?]-I want some papers to enable me to put in a plea which must be done in a few days.

He seeks to recover on two grounds - one a note in the following words -

$249.75 - Twelve months after date for value received we promise to pay to the order of James Robertson at the Manhattan Branch in Utica two hundred and fifty nine dollars and seventy five cents.
New York Sept 18, 1817
Loulden Smith + Co

Last September Peter + Loulden confused a judgment in favor of Mr. Robertson on a note of the same date and amount, but the note described in the record of the judgment is alleged to have been made by "Loulden + Smith" instead of "Loulden Smith +Co". I have no doubt the note on which judgment was ordered is the same on which the plaintiff was declared, and that the variance between the names of the makers has been accidental.

The other demand is for $1983.80 for goods sold on the 11 day of July 1818. For these goods Loulden + Smith gave a note on which they confused a judgment last September - but how is this to be proved? Beckman, Peter or Loulden must have a bill of the goods and a receipt for the note. That bill and receipt must be immediately found and forwarded to me. If it cannot be found we must file a will in Chancery against Robertson for a discovery. Do attend to this without delay and let me hear from you.

I am Dear Nephew
Yours Sincerely
Daniel Cady

Mr Gerrit Smith
PS Where is Lasher, what must be done with him?

February 19, 1820

Foreclose Glass house

2/19/1820

My Dear Sir,

Your father supposed it might be necessary to foreclose the mortgage against the Glass house in Chancery, but as there is not other incumbrance on the property, it will be less expensive and equally advantageous to foreclose by advertisement and sale. You will have the above [purchased] and a copy put up on the outer door of your Courthouse. The person who puts up the copy must make affidavit of the fact. Although I have very little interest in the half [million] contracts, yet I should like to hear from you after and learn whether you are in the full tide of successful experiment and feel no apprehensions that you may find difficulty in meeting all your engagements. The convulsions of the old world, which for the last thirty years have very much influenced all pecuniary concerns in this country, have left us unable to calculate with much certainty as to the future. I cannot believe that lands will for many years to come, command the price they did seven years since. All the capital in the country appears to be pledged, and a new and increased capital must be created by industry before lands will be much sought after.

Your father feels anxious respecting your health. He thinks you are not sufficiently inclined to drive about, either to preserve your health or estate. I hope he misjudges. I understand that Peter has obtained an exemption from imprisonment. Is there no way in which his activity can be rendered useful?

I am My Dear Sir
Yours Respectfully
Daniel Cady

Mr Gerrit Smith

Johnstown 29th Feb 1820

December 10, 1819

Fire at Schenectady

12/10/1819

Dear Nephew

I presume that you have understood that the fire at Schenectady destroyed much of Mr [Lasher's] property so much of it that the probability is that he will be unable to pay the demands which your Father has against him. After this is known to your Father he supposed that it would be most advisable that you or I should call upon [Lasher] and try to make a compromise with him. If he will give up the notes which Van [Stantworth] has [informally] said were delivered to [Lasher] or his agent to indemnify him for the engagement he made to your Father. It was said about a month since that [Lasher] was removing back to Schenectady but I have not heard of his arrival at that place. As you have all the papers in relation to this business, it may be advisable for you to see him as soon as you can ascertain where he is.

I have received no letters from your Father since [I met] with him in Albany, but I have heard that he spent a day at [Hudson] with Mr Williams. I sincerely hope his strange plan may succeed but I cannot say that I believe he will derive from it all that he expected. His mind must be occupied and unless, in the course of his journey, he finds some object which can command all his feelings and attention he will return to Peterboro and, if kindly and affectionately treating will speculate for you the rest of his life. What has Peter determined to do? I hope he does not yet alarm you for as [unreadable] in your Father's plans. I saw the singular letter which be addressed to your Father and regret that he should have permitted himself to be so blind to his duty and interest. I wish to serve him. I wish to see him as great and respectable as his [vigorous] mind and brilliant fancy entitle him to be, but I fear his conduct will be too much influenced by his passions.

Unless you have already spoken to Mr [Talbott] respecting the bank cause, it will be well for you to do it soon it is an important cause and must not be neglected.

I am Dear Nephew
Yours Sincerely
Daniel Cady

Mr Gerrit Smith