A History of the Daniel Boone National Forest 1770 - 1970

Copy of the Deed from the Cherokees to Henderson & Co.
March 17, 1775.

(Furnished by James Alves for Butler's History of Kentucky, 2nd Edition.)

This indenture made this seventeenth day of March in the year of our Lord Christ one thousand seven hundred and seventy-five between Oconistoto chief warrior and first representative of the Cherokee Nation or tribe of Indians and Attacullacullah and Savanooko otherwise Coronoh for themselves and in behalf of the whole nation. Being the aborigines and sole owners by occupancy from the beginning of time of the lands on the waters of Ohio River from the mouth of the Tennessee River up the said Ohio to the mouth or emptying of the Great Canaway or New River and so across by a Southward line to the Virginia line by a direction that shall strike or hit the Holston River six English miles above or Eastward of the Long Island therein and other lands and territories thereunto adjoining, of the one part and Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock of the province of North Carolina of the other part; witnesseth that the said Oconistoto for himself and the rest of the said nation of Indians, for and in consideration of the sum of two thousand pounds of lawful money of Great Britain, to them in hand paid by the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock, the receipt whereof the said Oconistoto and his said whole nation, do and for themselves and their whole tribe of people have granted, bargained and sold, aliened, enfeoffed released and confirmed, by these presents do grant, bargain sell, alien, enfeoff, release and confirm unto them the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, David Hart, James Hogg, and Leonard Hendley Bullock their heirs and assigns forever all that tract, territory or parcel of land, situate lying and being in North America on the Ohio River, one of the eastern branches of the Mississippi beginning on the said Ohio River at the mouth of Kentucky, Chenoca, or what by the English is called Louisa River, from thence running up the said River and the most northwardly branch of the same to the head spring thereof, thence a southeast course to the top ridge of Powel's Mountain, thence westwardly along the ridge of said mountain unto a point from which a northwest course will hit or strike the head spring of the most southwardly branch of Cumberland River thence down the said River including all its waters to the Ohio River, thence up the said River as it meanders to the beginning, &c.

And also the reversion and reversions, remainder and remainders, rents and services thereof, and all the estate, right, title, interest, claim and demand whatsoever of them the said Oconistoto and the aforesaid whole band or tribe of people of, in and to the same premises and of, in and to, every part thereof. To have and to hold the said messuage and territory, and all and singular the premises above mentioned, with the appurtenances unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart, and Leonard Hendley Bullock their heirs and assigns, in several and tenants in common, and not as joint tenants; that is to say, one eighth part to Richard Henderson his heirs and assigns forever; one eight part to Thomas Hart his heirs and assigns forever; one eighth part to Nathaniel Hart his heirs and assigns forever; one eighth part to John Williams his heirs and assigns forever; one eighth part to John Luttrell his heirs and assigns forever; one eighth part to William Johnston his heirs and assigns forever; one eighth part to James Hogg his heirs and assigns forever; one sixteenth part to David Hart his heirs and assigns forever; and one sixteenth part to Leonard Hendley Bullock his heirs and assigns forever; to the only proper use and behoof of them the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart, and Leonard Hendley Bullock their heirs and assigns that, under the yearly rent of four pence or to be holden of the chief, lord or lords of the fee of the premises by the rent and services therefore due and of right accustomed; and the said Oconistoto and the said nation for themselves do covenant and grant to and with the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock their heirs and assigns that they the said Oconistoto and the rest of the said nation of people now are lawfully and rightfully seized in their own right of a good, sure, perfect, absolute and indefeasible estate of inheritance in fee simple of and in all and singular the said messuage, territory and premises above mentioned and of all and every part and parcel thereof with the appurtenances, without any manner or condition mortgage, limitation, of use or uses, or other matter, cause or thing to alter, change, charge or determine the same and also that the said Oconistoto and the aforesaid nation now have good right, full power, and lawful authority in their own right to grant bargain or sell and convey the said messuage territory and premises above-mentioned with the appurtenances to the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart, and Leonard Hendley Bullock their heirs and assigns to the only proper use and behoof of the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock their heirs and assigns according to the true intent and meaning of these presents and also that they the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock their heirs and assigns shall and may from time to time and at all times hereafter peaceably and quietly have, hold, occupy possess and enjoy all and singular the said premises above mentioned to be hereby granted with the appurtenances without the let, trouble hindrance, molestation interruption and denial of them the said Oconistoto and the rest or any of the said nation their heirs or assigns and of all and every other person and persons whatsoever, claiming or to claim by, from or under them or any of them and further that they the said Oconistoto, Attacullacullah, and Savanooko, otherwise Coronoh for themselves and in behalf of their whole nation and their heirs and all and every other person and persons and his and their heirs anything having and claiming in the said messuage territory and premises above mentioned or any part thereof by, from or under them shall and will at all times hereafter at the request and costs of the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart, and Leonard Hendley Bullock their heirs and assigns, make, do and execute or cause or procure to be made, done and executed all and every further and other lawful and reasonable grants, acts and assurances in the law whatsoever for the further, better and more perfect granting, conveying and assuring of the said premises hereby granted with the appurtenances unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart, and Leonard Hendley Bullock their heirs and assigns to the only proper use and behoof of the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock their heirs and assigns according to the true intent and meaning of these presents and to and for none other use, intent or purpose whatsoever, and lastly the said Oconistoto, Attacullacullah and Savanooko otherwise Coronoh for themselves and in behalf of their whole nation have made, ordained, constituted and appointed and by these presents do make, ordain, constitute and appoint Joseph Martin and John Farrow their true and lawful attornies jointly and either of them severally, for them and in their names into the said messuage, territory and premises with the appurtenances hereby granted and conveyed or mentioned to be granted and conveyed or into some part thereof in the name of the whole, to enter and full and peaceable possession and seizure thereof for them and in their names to take and to have and after such possession and seizure so thereof taken and had the like full and peaceable possession and seizure thereof or of some part thereof in the name of the whole, unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock as their certain attorney or attories in their behalf to give and deliver, to hold to them the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley Bullock their heirs and assigns forever according to the purpose and intent and meaning of these presents, ratifying, confirming, and allowing all and whatsoever their attornies or either of them shall do in the premises. In witness whereof the said Oconistoto, Attacullacullah and Savanooko otherwise Coronoh, the three chiefs appointed by the warriors and other head men to sign for and in behalf of the whole nation hath hereunto set their hands and seals this the day and year first above written.

Oconistoto,
X his mark.

Attacullacullah,
X his mark.

Savanooko, otherwise Coronoh,
X his mark.

Signed, sealed and delivered in presence of