Resurrecting the First American West

from the Court of Chancery in Staunton - lest of all the suits in those Courts - and these present situation - which are in the name of the Representative of Joel Hite [unclear] as plaintiffs as also of those suits in which the represes. of Joel Hite &c. are Defendants - also of all the suits in which James Williams & Jonathan Clark are plaintiffs - also of the suits in which they are Defendants - and on receiving these tasks I will point out every suit in which I am willing to give an extra fee. I shall give no extra ^fee in any suit except those connected with the seperate claim. or those against the [unclear] for [unclear] - and where I agree to give an extra fee. That fee must depend on the success of that suit - as also on our success in the seperate claim - for if we loose the ^seperate claim, I do not feel disposed to pay money ^for extra fee, to recover S and H to be divided with the Mrs Green and McKay - who all of them know that they have set up a & unjust claim to what has always been called Hites separate claim. Pray write me directly an let me know whether Mr Tucker appears in the suit for the seperate claim. I feel interested very much indeed that he should. We want an attentive lawyer, and another thing, he lives near you, and from him you can get frequent information how our suits go on, and if any thing should be necessary to communi cate to him, he will be at hand to receive it. If Mr Tucker appears for us at Richmond, suggest to him the propriety of obtaining the lists of the suits. I have mentioned directly that I may point out the extra fees I am willing to give - but as I said before, these fees will be on the suits connected with the seperate claim- and those to depend not only on the success of the particular suit, but on our success in the seperate. I am not willing to give any extra fee unless we succeed in that claim - and if we do succeed in that claim, I shall not stand on trifles. I cannot with patience bear the idea that the other parties should receive apart of what I know (and they know it too) to be honestly- the exclusive property of the Hite family. I will say nor more about them be open that sets up this very very ----- claim - please know of Maj. Holmes whether Mr Hay has the the [unclear] book that contains copies of all the old papers - also my statement of the separate ^ claim is also all the papers repecting the seperate claim. If Mr Tucker appears for us in that suit I wish him to get them from Mr Hay, that he also may make himself acquainted with them. Mr Hay has probably gone through these. attend to the long [Sta.?] I wrote you by Capt. Long. I there said a good deal about the accounts settled between Mr Hite & the Greens - all I there asked you to inform Mr Holmes of ought to be made known to Mr Hay and Mr Tucker - My family are all very well - your sister Nelly and Nancy join in love to Mrs Hite, yourself Miss Nelly &c.

Your very affectionate Jona. Clark May 24th 1800

Dear Sir An opportunity by Captain Hite who is about to go to Virginia presents itself of sending some bonds, which I had intended to have left with you, when I came to this country, but there not being then due, they were with other bonds, not due, put away, and I forgot them, when at your house. I have likewise sent you Mr Hites account against the Company for his services in the Grant business. Capt Hite has appliped to me for it, he says he wishes to make some settlements with you while he is in. I have given the Captain the account - this account was made to the year 1780 in order to make the settlement the spring following at which time it was agreed the arbitration should be made at Richmond {unclear} and I believe the parties met for the purpose. I know some them did- but Colonel Taylor advised that as Mr Randolph could not be had - the arbitrations should be put off untill after the suits with the people were determined. Mr Hites accounts end in 1780 - there is no charges in the book which have since that time show Mr Hite did some other services after that time. I kow he attended in Richmond at the time appointed to arbitrate - and was there a very long time waiting before the other parties cause. and I believe that was the last time he was in Richmond, and I do not ^think he was out afterwards in the neighbourhood, there were no depositions taken after that {unclear} and I believe no surveying except what waas done by me! (The last surveying done by Mr. Hite was in Berkley). in the year 1795 Mr. Hite attended on the south, was to show the owner of that surveying you {unclear} in the year (I believe) 1789. Then their agents met at Colonel Greens and settled their accounts, Mr Hite then presented this account for settlemet, Colonel Green objected and observed that every family had an agent, and inserted that each family should settle with their own agent - Mr Hite thot it unreasonable that the agents should be paid in that manner, and mentioned that the most of the business had been done by the agents of their family - Mr Hites account was not admitted and was to be left to this arbitratirs, their artbitration will never take place, and I do not expect any settlement for those old claims will ever take place between the company, and to Hite and to Hite and the other agents, who acted before the settlement of 1789 will be obliged to look to their own families for payment.