To William Augustine Washington
April 6th 1807
Sir,
Genl Washington in his life time sold to Archd McClain, what was call'd the round bottom tract, on the Ohio, 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, The house has been valued, (very high as we think) and possession deliver'd to us. McClain has been sued by Tomlinson for a considerable part of this land, and a judgment was render'd 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 sanction'd 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 claim'd by Tomlinson. There appear to be other objections made to the Genls title, of which we cannot so well form an opinion from a mere view of the record.
Should the objections to our title be sustain'd, 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, & 2ndly 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 unfavourable issue to this business, it is difficult to say what may be the amount of damages which McClain may recover. it is therefore our decided opinion that it would be best to compromise with him as soon as possible, by taking back the round bottom 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 consen<t> & 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 to sound McClain, until all the answers of the legatees are received‑ 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 of two thirds, & that he should say so in his letter— We are respectfully your obt Servts
B. Washington
L. Lewis
L, in Lewis' hand (including both signatures), PPRF. The letter was addressed to the Colonel at "Rock Hill George Town." The cover was postmarked, "Alexa. Va Apr. 8." A note on the verso reads, "Judge Washington and Lawe Lewis's Letter proposing, to submit to their judgment a compromise with McClain for Round Bottom—in which their is a dispuit."