Small, Esq. Questions Title of Ore Bank

ALBERT SMALL,
Attorney and Counsellor at Law.
Hagerstown, Md., July 28th, 1883.

The Hon. The Secry of the Treasury:
Sir:
Just at the close of the Rebellion, while a student here my predecessor found among his father’s “papers” a bundle of notes as to the title of the several parcels making up the Antietam Iron Works, which he upon examination said showed conclusively that the title to the Virginia Ore Banks then worked [?] these works, was in the United States, and these parties were trespassers. As his father had been counsel for McPherson & Brien, former owners of the works, he had said nothing about it. Subsequently the works were sold to the Messrs Ahl who have held them since. My predecessor once mentioning this fact to the resident attorney of the Messrs Ahl he borrowed the notes, and as was natural they disappeared. The property thus alluded to is that offered in the annexed advertisement. The ore banks were, doubtless, bought by the U.S., for use with the Harpers Ferry property. At this distance of time I can recall nothing specific as to the chain of title; it would be necessary that it should be traced and probably a survey made to determine fact positively. I do not doubt, however, that it is a fact that the title is in the U.S.

I am under the impression that I did certainly at the time of the offer of the Harpers Ferry property I thought of advising your predecessor of the fact. I recognized there as I do now that it might readily be assumed to be a speculative effort on my part. That it may come with assurance that my motive is proper. I send this under cover to Mr. Sterling Dist. Ally for Md. that he may add his commendation of my integrity, and that my judgment is worth considering, that the probabilities justify the proper inquiry after it.

I am Sir, very respectfully your servt
Albert Small.

Attached Advertisement:
TRUSTEE’S SALE OF THE VIRGINIA ORE BANK, near Harper’s Ferry, W. Va.– The undersigned trustee, by virtue of a deed of trust from Daniel V. Ahl, John A. Ahl, Peter A. Ahl, Quitman P. Ahl and Frank W. Ahl, of Cumberland County, Penna., said deed being dated December 24th, A. D. 1877, recorded in Deed Book F at pages 127, 128 and 129, in the Clerk’s office of Jefferson County, West Virginia, and given to secure to William T. Hamilton the sum of ten thousand dollars, with interest, from July 2d, 1876, will sell at Harper’s Ferry, West Virginia, in front of Green’s Hotel, on Saturday, the 4th of August, 1883, at one o’clock p.m., the Virginia Ore Bank, and all of the right, title, interest, and estate of the grantors in said deed in and to this property. The “Ore Bank” lies in Jefferson County, bordering on the Potomac River, opposite the Antietam Iron Works, to which it has been an appendage. It comprises about 90 acres of land, and adjoins the lands of Moler’s heirs and of Duke’s heirs, &c., borders upon the Potomac River, and is described by metes and bounds, courses and distances in said deed of trust. It is a very valuable bank of iron ore.
Terms:– Purchase money one-third cash in hand on the day of the sale, one-third thereof with interest in one year, and the residue with interest in two years from the day of the sale, the purchaser to give his promissory notes with good security for deferred payments. The Trustee will retain the legal title until the entire purchase money is paid.
FRANCIS M. DARBY, Trustee.
Charlestown Free Press copy.