Enclosure No. 5. [Clause from the Act Establishing a Land Office]
In the Act of Assembly passed in the May session of 1779, entitled "An Act for establishing a Land-Office, and ascertaining the terms & manner of granting waste & unappropriated Lands" interalia, is the following Clause
"No Entry or Location of Land shall be admitted within the Country or Limits of the Cherokee Indians, or on the North West Side of the Ohio River, or on the Lands reserved by Act of Assembly for any particular Nation or Tribe of Indians, or on the Lands granted by Law to Richard Henderson & Company"
NB: Previous to the sd. Act for establishing a Land-Office (I think in the Year 1778) Colo. Richard Henderson & Company's Claim under their Purchase & Deeds from the Cherokee Indians, was heard before the General Assembly of Virginia, when after a long Train of Evidence on both sides, & Colo. Henderson & Company being heard by their Council at the Bar of both Houses, their Indian Title was set aside, as illegal; but as they had been at great Expence, not only in purchasing, but setling a number of Inhabitants upon the Lands, the Assembly voted them, in Consideration thereof, a liberal Compensation in Lands; and a Resolve of both Houses of Assembly was passed for reserving & granting to Colo. Henderson & Company 200,000 Acres of Land upon the Ohio River, & on both Sides of the Green River, by certain Bounds. It therefore became necessary to make the abovementioned Exception & Reservation in the Land-Office Act, in order to secure the sd. Land to Colo. Henderson & Compy. & prevent the Intrusion of other Claims on it.
I have not now bye me the Assembly's Journals of that Year, but am pretty certain the above is a just Recital of the Matter.