2 Feby 1797 Charles Lee Atty General Philadelphia 2 Feby 1797 Sir taken Virginia [undecipherable] added to the United States the lands north east of the Ohio within the limits of her charter. no reservation was made for satisfying the claims for [undecipherable] land of the state officers not on continental establishment of which description John Nelson in his petition is stated to be Consequently the United States are not bound by the terms of cession to satisfy the claim of John Nelson or any other of the like kind. The Indian right to the land between Cumber land and Tenessee ruins, whereon locations were made for the one of John Nelson and others in the state line of Virginia was not extinct at the time of these locations and ransom pay must be viewed as made subject to [undecipherable] night and [unedecipherable] to the possibility of [undecipherable] the boundary line of the land attend to the indians when a [undecipherable] should be made with [undecipherable] on a contract concluded with [undecipherable]. In making the treaty of 10th Jany 1786 with the Chickasaw [undecipherable] [undecipherable] lad at right and did not do [undecipherable] to which John Nelson was deprieved of lands to which he or Virginia under whom he claims had a complete title. The indians had never consented to take those to Virginia, and the utmost right of Virginia was a preemption right - this pre-emption right is not violated or taken away by any act of Congress but is deemed to exist in full form. Whenever the Indians will surrender their right to those lands by treaty, the state of Virginia ought to exercise his right of pre-emption and when obtained, the locateion title of John Nelson to the lands in [undecipherable] plant he preferred to all others under Virginia [udecipherable] to it. Till he in[?] right shall he estimated in a valid and regular manner to this tract of country or Virginia shall find [undecipherable] satisfying claims of this kind [undecipherable] they are. The United States are under no obligation to satisfy them in any manner whatsoever. I am respectfully your most obed Servant Charles Lee

The Secretary at War