Enclosure 6 to Samuel Purviance (May 20, 1782): Memorandums concerning Colo. Henderson's Title from the Cherokee Indians in Answer to Mr. Purviance's Letters (May 20, 1782)

Colo. Henderson's & Company's Purchase from the Cherokee Indians was in or about the year 1774, subsequent to the Treaty of Fort Stanwix; which was in 1768.

The Cherokees had no Representatives at the Treaty at Fort Stanwix, nor were they ever conquered by, or subject to the six Nations, in any Manner whatsoever.

The Cherokee Indians had, at various times claimed the Lands above, or northward of the Cherokee or Tenessee River, a great

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Way up the Ohio, as far as the Great Conhaway River, but generally seemed afraid of asserting their Claim against the six Nations; who were more powerful than they, and professed to claim all the Country above the Tenessee River. It is difficult to determine the Right of disputed Lands between Indian Nations; but from the best Evidence which has appeared upon the Subject, the Claim of the Cherokees against the six Nations, for the Lands above the Tenessee River, was rather vague & uncertain; until confirm'd by the Act of the British Government, subsequent to the Treaty & Purchase at Fort Stanwix from the six Nations:1 from this the Cherokees derive their best Title, & which induced Colo. Henderson & Company to purchase from them. When Lord Bottetourt was Governor here, by an express Instruction & requisition from the Crown, a boundery Line was setled & ascertain'd between the British Subjects in Virginia & the Cherokee Indians; by which the Country below the Kentucky River was acknowledged to belong to the Cherokees; which of course left to them all the Lands afterwards purchased by Colo. Henderson & Company, and the Virginia Assembly in a great measure acquiesced in, & made themselves Parties to this Act of Government, by granting a Sum of Money to defray the Expence of running the said Boundery-Line; this was one of the principal Motives which induced the Virginia Assembly, since the Revolution, to grant Colo. Henderson & Company 200,000 Acres of Land, by Way of Compensation; as his Purchase, tho' made without the Sanction of legal Authority, had saved the Commonwealth the Charge of purchasing; which otherwise they must have done; notwithstanding the said Boundery-Line was considered as only a temporary Matter, & not affecting the original Title of Virginia; which no Boundery-Lines between us & the Indians had ever done; tho' many different ones, from time to time, since the first Settlement of the Colony, have been established.