From Henry Banks
Frankfort Jany 24 1823
Dear Sir
I was informed this day by Judge Todd that he should forward by Genl Hardin a draft of a contract prepared some time ago by me. I have lately seen it, and believe that it corresponds with the letters which passed between us.
I have always intended and yet intend fa[i]rly to carry our meaning as I understood it into execution. since that time I have done nothing with the Land and should now prefer to release to you what remains unsold, than to retain the management, and in that event to have what may be so released fairly & comparatively estimated, to be accountable to you for a Moiety of what I may have received more than my proportion to have in like manner a claim upon the part which may be surrended.
Since our former correspondence a part of one of the Tracts has been occupied by a man named Landrum holding under one winston. I instituted an ejector agt him, without knowing under what Title he claimed. Upon examination after the suit was instituted, I discovered that the patents were dated on the same day, he being in possession I could not support my suit. I therefore dismissed and instituted a suit in Chancery— my Bill has not yet been answred. I have been advised to compromise this matter, he considering my Engagements with you, I did not think that I should act correctly in doing so, without your approbation. I rely on the entry and on the information which I have received about it, of my own knowledge I can say nothing.
Sales for Taxes have been made as to your Title. of which I have taken no notice. of these matters I have advised Judge Todd.
I am in great hopes that arrangements may be made satisfactory to us both, & remain with great respect & esteem your very old friend
Henry Banks
P.S A gentleman of the Bar named McHenry resides near the land, at Hartford who I think a proper person to be employed as an agent to close this Business. He is a relation of Genl Hardin.
ALS, ViU: Notable Families of Virginia, Washington Family Papers. Banks addressed the letter to BW at Washington City or Mount Vernon. The letter was postmarked on 13 Feb. Banks noted on the cover the letter was "favord by Genl M.D. Harden." BW endorsed the letter.