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title:“George Mason to Benjamin Waller”
authors:George Mason
date written:1789-8-12

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Mason, George. "Letter to Benjamin Waller." The Papers of George Mason. Vol. 3. Ed. A Rutland. Chapel Hill: The University of North Carolina Press, 1970. 1168-69. Print.
Recipient's Copy, Virginia State Library, Richmond, Va.

George Mason to Benjamin Waller (August 12, 1789)

Gunston-Hall August 12. 1789.
I some Time ago received a Letter from Mr. William Nelson Junr. informing me that Judge. agst. Mr. William Lee was enjoined, except as to the Sum of £1156.13.—and at the same time enclosing me the Clerk of York County's Rect. (as per Copy on the other Side) for Mr. Lee's Injunction Bond, & Release of Errors. I must beg the Favour of you, Sir, to procure, & send me by the Post, as soon as you conveniently can, a Copy of the said Injunction Bond, & Release of Errors; and let me know what has been done in the Execution for that Part of the Judgment, which is not enjoined. I have had repeated Applications from some of Mr. Lee's Relations here, to obtain from me some Order, or Direction, to the Sherif of James City County to stop or postpone the Sale, upon Mr. Lee's promise to pay the above mentioned sum of £1156..13. in a Month or two, or as soon as he cou'd procure Money for Bills of Exchange; but I positively refused; having had too much Experience of Mr. Wm. Lee's Conduct, to place the smallest Confidence in him.
My Friend Mr. John Marshall, of Richmond, has lately transmitted me a Copy of Mr. Lee's Bill of Injunction, and desired that I wou'd return him my Answer to it, as soon as I cou'd; that he might move the Chancellor to dissolve the Injunction; observing, at the same time, that as the principal Ground of the Injunction was the Trial by Surprize, it was probable the Cause might be remitted for a new Trial; but I think, myself, there are so many misrepresentations in the Bill, that upon a full & fair Hearing, it will be dissolved. There is no Affidavit to the Bill, but Mr. Nelson's of the Truth of the Facts stated of his own Knowledge; which from the very Nature of the thing, can be no Facts at all; except a few respecting the proceedings in York County Court. The Copy of the Bill came to Hand too late to prepare my Answer for the August Term; but I purpose having it ready for the succeeding Term. The assertions contained in the Bill respecting the Bills of Exchange I drew on him, & some other Falsehoods, will require, & admit, Refutation, by refering, in my Answer, to the Protests, & some other Papers; and for this Purpose I shall want all the Papers which I transmitted you in the Beginning of the Suit; shou'd any confidential Hand happen to offer soon, you will be pleased to send them to me; otherwise I will send a Messenger to Wmsburg on Purpose for them; being afraid to trust them by the Post.
As Mr. Lee, in his Bill, has expatiated largely on the exorbitant Damages given by the Jury, will it not be proper for me to prove (by some of the Jurors) that they only gave ten per Ct. Damages on the Sum due to me, from the time my Bills were protested? And as he claims some Credits, which I have actually given him in my Account, & gives this as a Reason for praying an Injunction, will it not be proper also to prove that my Account, in which these Credits are given, was laid before the Jury? I am, with great Regard, dear Sir, your most obdt. Sert.
G Mason
(vid: the other side)
York Office July 7th. 1789.
I do hereby certify, that I have this Day filed in my Office, among the Papers in the Suit lately determined in York Court between Geo: Mason Plf. and William Lee Deft. an Injunction Bond signed by the said W. Lee, and Richard Henry Lee, made payable to Geo: Mason; the Penalty being in the sum of two thousand two hundred pounds, conditioned as the Law requires. Filed at the same time, among the Papers in the said Suit, a general Release of Errors from W. Lee to George Mason.

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