Circular to the Legatees of George Washington
March 10th 1807
Gentlemen.
Genl Washington in his life time sold to Arch. McLain what was called the round bottom tract on the Ohio, as containing 587 acres, with a general warranty, at the price of ten dollars an acre. He was bound to take in part payment a house in Alexa. at valuation. This house has been valued, (very high as we think,) and possession delivered to us. McLain has been sued by Tomlinson for a considerable part of this land, and a Judgt was rendered against him as we understand upon the ground that the survey was made prior to the warrant. If this be the ground, and the opinion is sanctioned in the Court of appeals where the cause now is depending, the objection will go to the whole tract and not merely to the part claimed by Tomlinson. There appear to be other objections made to the Generals title, of which we cant so well form an opinion from a mere view of the record.
Should the objections to our title be sustained, the estate of Genl Washington must remunerate McClain in damages which will be a serious matter on two accounts‑1st that the land is supposed to be worth much more than what he gave for it, & 2dly, that the Jury find the quantity to be upwards of 1200 acres, instead of 587 as sold for, & the sale is not for this quantity more or less, but by metes & bounds.
In the event of an unfavorable issue to this business, it is difficult to say what may be the amt of Damages which McLain may recover. It is therefore our decided opinion that it wd be best to compromise with him as soon as possible, by1 taking back the round bottom2 under the cloud which at present hangs over the title, and paying him such a sum as we can get him to be satisfied with. This step however we cannot take without the consent & authority of the legatees.
We therefore request an immediate answer to this letter, either authorising us to act in the business according to the best of our Judgment, or refusing your consent thereto. We shall do nothing more in the business than sound McLain, until all the answers of the legatees are recieved. We are Gentn respectfully yr mo. ob. Servt
Bush. Washington
Law. Lewis
P.S. as it would be a hardship for the Majority of the legatees to be prevented by the dissent of a few from making a compromise which they may deem beneficial to them, we propose to any dissenting legatee, should such there be, to consent to be bound by the agreement of a majority or if he pleases, if two thirds, & that he should say so in his letter.
Source Note
Retained copy, in BW's hand, MHi: Alexander Calvin and Ellen Morton Washburn Autograph Collection.
1. In place of "taking back the round bottom," BW originally wrote "giving him up back his house &" but crossed it out.
2. After the word "bottom" BW originally wrote "for the estate" but crossed it out.
Note: Because this document is only a verified first-pass transcription, it and the document metadata may still contain errors.