Meet John Mercer, father, lawyer and Custis Inheritance
Washington pays his neighbor and lawyer, John Mercer, for help on the Dunbar lawsuit on the Custis estate inheritance 1 Sept 1759. John Mercer's name lives on at George Mason University. The school's library is named after John Mercer. You could include 2 reasons for that. He was uncle and co-guardian to a 10 year old George Mason when George Mason's father drowned in the Potomac. And John Mercer might have had the largest library in Virginia, second only to William Byrd's. George Mason, presumably studied in that library. John Mercer compiled Abridgment of the Laws ofVirginia, which did not make him money both times he compiled them for sale. He was a writer on many subjects,
His Sons:
There is a lot more about this man, especially his famous sons. Hugh Mercer, is not related to this family. This man was lawyer to George Washington. He was a principle in the Ohio Company looking for the promised land.
His one son, George Mercer, was Captain and aid de camp to Colonel George Washington. Another, John Fenton Mercer died in the Battle of Great Cacapon 18 April 1756. Another,John Francis Mercer, became Govenor of Maryland.
Another, James Mercer, became a Virginia State Supreme Court Justice. But first, his Dad made him an apprentice in architecture.
Mercer’s decision was as unconventional as it was prescient, being made at a time when gentlemen were not expected to learn a trade, yet at a moment when the respected place the professional architect was later to have could be envisioned. Indeed, he explained his feeling that those who possessed architectural skills “were more beneficial members of society, and more likely to make a fortune, with credit, than the young Gentlemen of those times, who wore laced jackets attended for improvement at ordinaries, horse races, cock matches, and gaming tables.” Motivated by this honest sense of values, forged in the experience of a self-made man, Mercer proceeded to bind James “apprentice to Mr. Waite, a master carpenter and undertaker (of Alexandria), who covenanted to instruct him in all the different branches of that business. At the same time I bound four young Negro fellows (which I had given him) to Mr. Waite, who covenanted to instruct each of them in a particular branch. These, I expected, when they were out of their time, would place him in such a situation as might enable him to provide for himself, if I should not be able to do any more for him. It is notorious that I received the compliments of the Governour, several of the Council, and many of the best Gentlemen in the country, for having set such an example, which, they said, they hoped would banish that false pride that too many of their countrymen were actuated by.”
On June 25, 1753, Mercer noted in his journal, “At home. Bound son James & Peter & Essex to Wm Waite for 5 yrs.” However commendable this effort to banish “false pride” may have been, it was probably not a realistic solution for James’ career. James, as we shall see, was to make his own choice later and was to follow with great distinction in his father’s footsteps as a lawyer.
Even his 10 year old ward, George Mason, grew up to write the Virginia Bill of Rights and have a college named after him.
So, what is John Mercer doing in September 1759?
He gets paid.
He gets paid for services in 1 Sept 1759 rendered to Geroge Washington who sent him 9 queries on 20 April 1759 regarding the Custis estate. See all the details about this inheritance here.
That inheritance is quite a story. It all starts from a mob determined to kill and mutilate Daniel Parke, Governor of the Leeward Islands. There was a lawsuit on the inheritance, which had festered in the courts for 30 years and reared its ugly head in 1757 and continued on. This was called the Dunbar case, because that murdered Governor had an illigitimate daughter whose husband was Thomas Dunbar who then adopted the last name of Parke, naming himself Dunbar Parke. That murdered Governor also had a legititmate daughter whose name was Francis Parke who married a Custis. Custis' grandson married Martha Dandridge and then died in 1757 and so 2 years later, the widowed Martha Dandridge Custis marries a Colonel George Washington. There's way too much more if you want to dabble for a moment in here.
And John Mercer is the Washington's lawyer on this matter. And his head was spinning.
Founders Online:
John Mercer of Stafford County, Va., was currently acting as GW’s attorney in the settlement of the Custis estate and in the Dunbar case (see Queries to John Mercer, 20 April 1759, and the notes to that document). GW’s anticipated September trip to Mercer’s home was likely related to his dealings with the Custis estate, as GW’s cash accounts show that in September 1759 he spent £25 “By Mr Mercer for Settling Adminn Acct Colo. Custis’s Est[at]e” (General Ledger A, 58).
His final years
Prompted by his illness, he quit his legal practice in the courts in 1765. In the same year he “gave notice to the members of the Ohio Company, that my health & business would not longer allow me to concern myself in their affairs which they had entirely flung upon my hands.” He also “on account of my deafness, refused to act as a justice, which I should not have done otherwise, as I have the satisfaction to know that I have done my country some service in this station.”
Heavily in debt, disillusioned and embittered by the dwindling results of his struggles, he wrote that “I have attended the bar thirty-six years, through a perpetual hurry and uneasiness, and have been more truly a slave than any one I am, or ever was, master of; yet have not been able, since the first day of last January, to command ten pounds, out of near ten thousand due me.”
Born 6 Feb 1704. Dies 14 Oct 1768.
Compiled by Jim Moyer 8/26/2023, research first in 2016, published on wix 9/1/2023, updated 10/8/2023
Sources:
Awesome source
wikipedia
Martha and George Washington's inheritance
The Custis Estate and Dunbar lawsuit
ledger paying John Mercer
9 inquires by GW to John Mercer about the inheritance
GW brought this book from John Mercer Nov 1759
4. On 2 Nov. John Mercer’s petition “was presented to the House and read; setting forth, That he hath (with great Labor and Expence) compiled and printed a complete and correct Abridgment of all the publick Acts of Assembly of this Colony in Force and Use at this Time” (JHB, 1758–1761, 136). Published in Glasgow, in 1759, it was entitled An Exact Abridgement of All the Public Acts of Assembly of Virginia, in Force and Use. January 1, 1758.
Introduced Friday 2 Nov 1759 to the House of Burgesses
4th Session
page 133, November 1, 1759 to of November 21, 1759
A Petition of Johyi Mercer, Gentleman, was prefented to the Houfe and read ; fetting forth.
That he hath (with great Labor and Expence) compiled and printed
a complete and corredl Abridgment of all the publick Adls of Affembly of this Colony in Force and U£e at this Time,
which, by Reafon of his Majefty's not having fignified his Approbation of the Land Law, and his repealing divers Adls printed in the Revifal, and the many Adls paffed fince, he interfperfed in fo many different Books ;
that it is a very difficult Matter to dif tinguifh which of the faid Afts are in Force and which are not ;
befides their being fo fcarce and difficult to procure, that very few, if any, of the County Courts are fumifhed with a complete Colle<5lion of the faid Adls of Affembly at large.
That as the L/Cgiflature of this Colony has thought it reafonable, from Time to Time, to fupply the Magiftrates of the feveral Cotmties (who ferve without Fee or Reward) with the printed A(5ls of Affembly at the publick Expence, the Petitioner hopes this honorable Houfe, to whom he fubmits the Ufefulnefs of his Performance,
will fo far encourage it as to take off his Hands a fufficient Number of the faid Abridgments to fupply the faid Magif- trates,
as he has not only printed it for that Purpofe, but adapted it particularly to their Ufe, by abridging every Claufe of the faid Adls tmder its proper Title, with neceffary Tables ; and the general Complaint through the Colony of the Want of £uch a Colledlion was his principal Inducement to undertake a Work of fo much Labor and Expence in a Multiplicity of other Bufinefs.
That in Order to render that faid Work as ufeful and beneficial as may be, the Petitioner will undertake, as long as he lives, to publifh at the End of every Seffion (at the moft reafonable Expence that may be) an Abridgment of the publick Adls of fuch Seffion, with proper Notes and Diredlions what Alterations are made by fuch new Adls in the former ones.
Ordered, That the faid Petition be referred to M"^ Landoti Carter, M' George Johnfton, W Attorney, M"" Harrifon, and M'' Cary; that they do examine into the Matter thereof, and report the fame, with their Opinion thereupon, to the Houfe.
updated 10/8/2023
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The Houfe proceeded to the Confideration of the Report from the Committee to whom the Petition of John Mercer was referred, made on Monday laft, and referred to be confidered4
#165 (p.139)[ 139]
confidered this Day ;
and the feveral Refolutions of the faid Committee were again twice read, and with fome Amendments, agreed to by the Houfe, as follow :
Refolved,
That the feveral County Courts in this Colony be provided with one of the faid Abridgments for each of the a(5ting Juftices at the publick Expence ; and that it be an Inftru(5lion to the Treafurer of this Colony to j)ay the faid John Mercer for the faid Books, at the Rate of twenty Shillings for each Book, upon his producing to the faid Treafurer a Receipt for the fame from the Clerks of the refpedlive County Courts.
Refolved,
That the Clerks of the faid County Courts deHver one of the faid Books to each of the a(5ling Jtiftices of their refpe(5li\'e Counties.
Ordered,
That the faid Refolutions be engroffed, and that M' Landon Carter do carry them to the Council for their Concurrence.
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