Part 11

As early as 1803[189] President Jefferson had suggested the desirability of the removal of these tribes beyond the Mississippi River, although the first official action taken in this direction was contained in the fifth section of an act of Congress approved March 26, 1804, erecting Louisiana into two Territories. This act appropriated $15,000 to enable the President to effect the desired object. This was supplemented in 1808,[190] when the Secretary of War, in a letter to Agent Meigs giving permission for a delegation of Cherokees to visit Washington, instructed him to improve every opportunity of securing the consent of the Cherokees to an exchange of their lands for a tract west of the Mississippi.

The delegation here spoken of (composed of what were known as Upper Cherokees) visited Washington about the 1st of May, 1808, and, in the course of a discussion of the subject with the Secretary of War, took occasion to complain of an unequal distribution of annuities between the Upper and Lower Cherokees, and advanced a proposition that a dividing line be run between the territory of these two branches of the tribe, inasmuch as the former were cultivators of the soil, and desired to divide their lands in severalty and become citizens of the United States, while the latter were addicted to the hunter life and were indisposed to adopt civilized habits.[191] This proposition met with the personal approval of the Secretary of War. He instructed the agent[192] to ascertain the sentiments of the nation upon such a proposition, to the end that, if possible, those who adhered to aboriginal habits could be induced to accept a country in the newly acquired Territory of Louisiana, in lieu of their proportionate share of the country then occupied by the Cherokee Nation. In pursuance of this plan, the agent lost no opportunity of impressing upon the Cherokees the importance of the approaching crisis in their tribal affairs, and the necessity that some practical method should be adopted to solve the problem of subsistence involved in the rapid diminution of game. Many of the Lower or "hunter" Cherokees became persuaded of the necessity of looking out a new home, and early in January, 1809,[193] President Jefferson addressed a "talk" to them, approving their project and promising facilities for the transportation of a delegation to visit the Arkansas and White River countries, where, in case they found a suitable location, the United States would assign them a sufficient area of territory for their occupation in exchange for their share of the Cherokee domain east of the Mississippi.

Based upon this proposition, a pioneer delegation of the Indians visited that country in the year 1809, and upon their report large numbers (about 2,000, as reported by Agent Meigs) of the nation signified their intention of removal as early as the autumn of that year. The United States authorities were not as yet prepared to defray the pecuniary expense of so large a migration. The agent was therefore directed to discourage for the present anything except the removal of individual families.[194] The situation remained unchanged until the spring of 1811,[195] when the Secretary of War informed Agent Meigs that time and circumstances had rendered it expedient to revive the subject of a general removal and exchange of lands. The latter was advised that it was very desirable to secure a cession of the Cherokee lands lying within the States of Tennessee and South Carolina, and that in case the whole nation could be brought to agree to the proposition of ceding these tracts, as the proportionate share of the "emigrant party," in exchange for lands to be assigned such party on White and Arkansas Rivers, he would be authorized and directed to negotiate a treaty with the Cherokee Nation for that purpose. From this time the subject remained _in statu quo_ for several years, except that small parties of Cherokees, consisting of a few individuals or families, continued to emigrate to the "promised land." It is perhaps interesting to state, in connection with this emigration movement of the Cherokees, that it was primarily inaugurated shortly after the treaty of 1785, at Hopewell, when a few of those dissatisfied with the terms of that instrument embarked in pirogues, and, descending the Tennessee, Ohio, and Mississippi Rivers, reached and ascended the Saint Francis, then in the Spanish province of Louisiana, where they formed a settlement, from whence in a few years they removed to a more satisfactory location on White River. Here they were joined from time to time by their dissatisfied eastern brethren, in families and small parties, until they numbered, prior to the treaty of 1817, between two and three thousand souls.

EFFORTS OF SOUTH CAROLINA TO EXTINGUISH CHEROKEE TITLE.

On the 31st of December, 1810, the governor of South Carolina transmitted to the President a resolution of the legislature of that State urging an extinguishment of the Cherokee Indian title to lands within her State limits.[196] The Secretary of War, in his letter of acknowledgment,[197] assured the governor that measures would soon be taken to bring about the desired cession if possible. Nothing of importance seems, however, to have been done until the winter of 1814, when Agent Meigs was appointed[198] a commissioner for the purpose of negotiating a treaty with this end in view. He was instructed that the State of South Carolina would have an agent present, authorized to defray the expenses of the treaty and to adjust the compensation that should be agreed upon in consideration of the proposed cession, agreeably to the provisions of the twelfth section of an act of Congress approved March 30, 1802, for regulating trade and intercourse with the Indian tribes.

These negotiations not having proved successful, the Secretary of War authorized Agent Meigs[199] to bring a delegation of the Cherokees to Washington for this and other purposes of negotiation.

This delegation arrived early in the spring of 1816, and the Hon. George Graham, being specially authorized by the President, concluded a treaty on the 22d of March of that year.[200] Therein, in consideration of the sum of $5,000, to be paid by the State of South Carolina within ninety days from the date of its ratification by the President and Senate, subject also to ratification by the Cherokee national council and by the governor of South Carolina, the Cherokees ceded to that State all claim to territory within her boundaries.

This treaty was transmitted[201] to the Senate by President Madison, and ratified and proclaimed, as set forth in the abstract of its provisions hereinbefore given, on the 8th of April, 1816.

BOUNDARY BETWEEN CHEROKEES, CREEKS, CHOCTAWS, AND CHICKASAWS.

The lines of demarkation between the respective possessions of the Cherokee, Creek, Choctaw, and Chickasaw Nations had long been a subject of dispute between them. People living in a state of barbarism and principally dependent upon the chase for a livelihood, necessarily roam over a vast amount of territory within which no permanent habitations have been established by themselves. An accurate definition of the boundaries between them and their nearest neighbors pursuing a similar mode of life is unnecessary so long as no disturbing factor is brought into the case. But contact with an ever-encroaching tide of civilization renders essential an accurate definition of limits. The United States, in several of its numerous treaties for the acquisition of territory from these four tribes, had been met with conflicting claims as to its ownership. In order that future disputes and embarrassments of this character should be avoided, the authorities of the United States entertained the idea of causing a boundary line to be run and marked between the adjoining territory of these tribes. The Indian agents were advised by the Secretary of War[202] that the subject was under consideration, the plan being to constitute a commission, consisting of two representatives selected by each tribe and of the United States agents for those tribes, who should, after full examination of the country and the subject, agree upon and fix their respective boundaries. Owing, however, to the complicated state of our foreign relations and the feverish condition of mind manifested by the border tribes, soon followed by war with England and with the Creek Indians, it became necessary to drop further negotiations on the subject, and the matter was not again revived in this form.

After the treaty of 1814 with the Creeks, however, whereby General Jackson exacted from them, as indemnity for the expenses of the war, the cession of an immense tract of country in Alabama and Georgia,[203] the question of the proper limits of this cession on the north and west became a subject of controversy between the United States and the Cherokees, Choctaws, and Chickasaws.

The United States authorities at Washington were anxious that nothing should occur in the adjustment of these boundaries which should cause a feeling of irritation among those tribes. Commissioners had been appointed in the summer of 1815 to survey and mark the boundaries of this Creek cession, and in August of that year we find the Secretary of War giving instructions to Agent Meigs, of the Cherokees, to meet the boundary commissioners, with a few of the principal Cherokee chiefs, at the point on Coosa River where the south boundary of the Cherokee Nation crossed the same, in order that the Cherokees should be satisfied that the commissioners began at the proper point. Several additional reminders were given the agent, during the progress of the survey, that the matter of boundary was a question of fact to be ascertained and determined from the best attainable evidence, and that care must be taken that no injustice should be done the Cherokees.[204] In the following spring[205] a delegation of Cherokees was brought to Washington, by direction of the War Department, and, pending the completion of treaty negotiations with them, the boundary commissioners were instructed not to mark the line between the Cherokees and the Creek cession until further orders.

These negotiations resulted in a second treaty of March 22, 1816[206] (the one for the cession of the tract in South Carolina bears the same date), wherein it was declared that the northern boundary line of the Creek cession of 1814 should be established by the running of a line from a point on the west bank of Coosa River opposite to the lower end of the Ten Islands, above Fort Strother, directly to the Flat Rock or Stone on Bear Creek, said Flat Rock being the southwest corner of the Cherokee possessions, as defined by the treaty with them concluded January 7, 1806.

This boundary brought forth a vigorous though unavailing protest from General Jackson, who argued that the Cherokees never had any right to territory south of the Tennessee and west of Coosa River, but that it belonged to the Creeks and was properly within the limits of their cession of 1814.[207]

All efforts were fruitless in securing any further cession of lands, either north or south of the Tennessee.[208]

Previous to the visit of the Cherokee delegation to Washington and to the instructions given, as referred to above, to the boundary commissioners to suspend the running of the boundary line between the Creek cession and the Cherokees pending negotiations with the latter, General Coffee had been engaged in surveying the line from Coosa River to the Tennessee River.[209] As a result of the negotiations with the Cherokees, additional instructions were given the boundary commissioners[210] (accompanying which was a copy of the Cherokee treaty concluded on the 22d of March preceding) to run and mark the boundary line therein agreed upon from the lower end of the Ten Islands, on Coosa River, to the Flat Rock, on Bear Creek. They were advised that the surveys already made by General Coffee might be of advantage to them, though from an examination of his report it did not appear he had taken any notice of the point at which this line was to terminate, notwithstanding he seemed to have had in view the treaty made with the Cherokees in the year 1806, which proposed Caney Creek and a line from its source to the Flat Rock as the boundary between the Cherokees and Chickasaws. Coffee's line had already excited the jealousy and opposition of the Chickasaws, and on the same day final instructions were given the commissioners to run the line from Coosa River to Flat Rock, Major Cocke, the Chickasaw agent, was directed to advise the Chickasaws that in agreeing upon this line with the Cherokees the United States had in no degree interfered with the conflicting claims of the Chickasaws south of that line and east of Coffee's line; that from an examination of the treaties with the Chickasaws and Cherokees, and especially that of 1786 with the former tribe, it appeared that a point called the Flat Rock was considered a corner of the lands belonging to them, and had since been considered as the corner to the Cherokee, Creek, and Chickasaw hunting grounds. It is proper to state in this connection that for many years an uncertainty had existed in the minds of both the Indians and the United States authorities as to the exact location of this Flat Rock,[211] and whether it was on Bear Creek or on the headwaters of the Long Leaf Pine, a branch of the Black Warrior River. The line as finally run by the commissioners from Flat Rock, on Bear Creek, to Ten Islands, pursued a course bearing S. 67° 56' 27" E. 118 miles and 40 perches.[212] It may be interesting also to quote from a letter[213] from William Barnett, one of the United States boundary commissioners, to his co-commissioner, General Coffee, in which, he states that he has just returned from the council at Turkeytown, at which the Cherokees, Choctaws, Chickasaws, and Creeks were represented, and that the principal purpose of the council was to agree upon and adjust their several boundaries. He notes the fact that the Creeks and Cherokees had agreed to make a joint stock of their lands, with a privilege to each nation to settle where they pleased. The Creeks and Choctaws had fixed on the ridge dividing the waters of the Black Warrior and the Cahawba as their former boundary. The Chickasaws and Cherokees could come to no understanding as to their divisional line, the former alleging that they had no knowledge of any lands held by the latter on the south side of the Tennessee River adjoining them; that they always considered the lands so claimed by the Cherokees as belonging to the Creeks, and in support of this they had exhibited to him a number of affidavits in proof that their line ran from the mouth of a small creek emptying into the Tennessee near Ditto's Landing (opposite Chickasaw Island), up the same to its source, thence to the head of the Sipsey Fork of the Black Warrior, and down the same to the Flat Rock, where the Black Warrior is 200 yards wide; that they had no knowledge of any place on Bear Creek known as Flat Rock, and that running the line to the last mentioned place would be taking from them a considerable tract of country, to which they could by no means consent.[214]

ROADS THROUGH THE CHEROKEE COUNTRY.

In order to secure a proper system of communication between the Tennessee and the Lower Alabama and Mississippi settlements, the United States had long desired the establishment of sufficient roads through the Indian country between those points. The Indians, however, were shrewd enough to perceive that the granting of such a permission would be but an entering wedge for splitting their country in twain, and afford excuse for the encroachments of white settlers.

The establishment of new thoroughfares had therefore been regarded with extreme jealousy and had never been yielded to by them except after a persistency of urging that bordered on force.

In the spring of 1811[215] Agent Meigs was advised by the Secretary of War of the expediency of having a road opened without delay from the Tennessee to the Tombigbee, and also one from Tellico. Both these propositions would require the consent of the Creeks, and for the purpose of securing the most advantageous routes it was contemplated that Captain Gaines should make a journey of exploration and survey of the country between the Alabama and Coosa Rivers on the south and Tennessee and Hiwassee Rivers on the north. The fruition of these plans was also postponed on account of the ensuing war with the Creeks, and the subject was not again broached until after their subjugation. In the spring of 1814 the legislature of Tennessee transmitted two memorials to Congress on the subject, and, by direction of the Secretary of War, Agent Meigs was again instructed[216] to ascertain the bent of the Indian mind in relation thereto. The result was the conclusion, with the approval of the President, of two agreements between the Cherokees and the agents of certain road companies for the opening of two roads through the country of the latter from Tennessee to Georgia. But when the treaty of March 22, 1816, came to be negotiated at Washington, the United States authorities, after much persuasion, procured the insertion therein of an article conceding to the United States a practically free and unrestrained permission for the construction of any and all roads through the Cherokee country necessary to convenient intercourse between the northern and southern settlements.

[Footnote 172: Two treaties appear of the same date and negotiated by the same parties. It is to be noted that the first controls a cession to the State of South Carolina and the second defines certain other concessions to the United States.]

[Footnote 173: United States Statutes at Large, Vol. VII, p. 139.]

[Footnote 174: United States Statutes at Large, Vol. VII, pp. 138 and 139.]

[Footnote 175: February 28, 1807.]

[Footnote 176: December 2, 1807. See American State Papers, Indian Affairs, Vol. I, p. 753.]

[Footnote 177: Letter of Return J. Meigs to Secretary of War, December 3, 1807.]

[Footnote 178: March 10, 1808. See American State Papers, Indian Affairs, Vol. I, p. 752.]

[Footnote 179: January 10, 1812.]

[Footnote 180: In March, 1812.]

[Footnote 181: May 14, 1812.]

[Footnote 182: March 24, 1814.]

[Footnote 183: February 3, 1815.]

[Footnote 184: A full history of Colonel Earle's attempt to secure a site for the erection of iron works will be found among the records and files of the Office of Indian Affairs.]

[Footnote 185: United States Statutes at Large, Vol. II, p. 381. See also amendment to this act by act of February 18, 1841, United States Statutes at Large, Vol. V, p. 412.]

[Footnote 186: Scott's Laws of North Carolina and Tennessee.]

[Footnote 187: March 26, 1808.]

[Footnote 188: See report of General Knox, Secretary of War, to President Washington, July 7, 1789; Creek treaty of 1790; Cherokee treaty of 1791, etc.]

[Footnote 189: Confidential message of President Jefferson to Congress, January 18, 1803.]

[Footnote 190: March 25.]

[Footnote 191: See letter of Secretary of War to Col. R. J. Meigs, May 5, 1808.]

[Footnote 192: May 5, 1808.]

[Footnote 193: January 9, 1809]

[Footnote 194: Letter of Secretary of War to Col. R. J. Meigs, November 1, 1809.]

[Footnote 195: March 27, 1811.]

[Footnote 196: Indian Office files.]

[Footnote 197: March 28, 1811.]

[Footnote 198: December 26.]

[Footnote 199: November 22, 1815.]

[Footnote 200: United States Statutes at Large, Vol. VII, p. 138.]

[Footnote 201: March 26, 1816.]

[Footnote 202: May 8, 1811.]

[Footnote 203: United States Statutes at Large, Vol. VII, p. 120.]

[Footnote 204: Letter of Secretary of War to Agent Meigs, November 22, 1815.]

[Footnote 205: March, 1816.]

[Footnote 206: United States Statutes at Large, Vol. VII, p. 139.]

[Footnote 207: Letter from General Jackson to Secretary of War, June 10, 1816.]

[Footnote 208: Letter from Secretary of War to United States Senators from Tennessee, April 4, 1816.]

[Footnote 209: See letter of Secretary of War to Barnett, Hawkins, and Gaines, April 16, 1816.]

[Footnote 210: April 16, 1816. These boundary commissioners were William Barnett, Col. Benjamin Hawkins, and Maj. E. P. Gaines.]

[Footnote 211: Letter of General Jackson to Secretary of War, June 10, 1816; also from Commissioner Barnett, June 7, 1816.]

[Footnote 212: Old map on file in General Land Office.]

[Footnote 213: June 7, 1816.]

[Footnote 214: From a letter of Agent Meigs bearing date December 26, 1804, it seems that he was just in receipt of a communication from the Chickasaw chiefs relative to their claim to lands on the north side of Tennessee River. The chiefs assert that part of their people formerly lived at a place called Chickasaw Old Fields, on the Tennessee, about 20 miles above the mouth of Elk River; that while living there they had a war with the Cherokees, when, finding themselves too much separated from their principal settlements, they removed back thereto. Afterwards, on making peace with the Cherokees, their boundaries were agreed on as they are defined in the instrument given them by President Washington in 1794.

They further state that they had a war with the Shawnees and drove them from all the waters of the Tennessee and Duck Rivers, as well as conflicts with the Cherokees, Choctaws, and Creeks, in which they defeated all attempts of their enemies to dispossess them of their country.

Agent Meigs remarks that he is convinced the claim of the Chickasaws is the best founded; that until recently the Cherokees had always alluded to the country in controversy as the hunting ground of the four nations, and that their few settlements within this region were of recent date.]

TREATY CONCLUDED SEPTEMBER 14, 1816; PROCLAIMED DECEMBER 30, 1816.[217]

_Held at Chickasaw Council House, between Maj. Gen. Andrew Jackson, General David Merriwether, and Jesse Franklin, commissioners plenipotentiary on the part of the United States, and the delegates representing the Cherokee Nation._

MATERIAL PROVISIONS.

To perpetuate peace and friendship between the United States and the Cherokees and to remove all future dissensions concerning boundaries it is agreed:

1. Peace and friendship are established between the United States and Cherokees.

2. The Cherokee Nation acknowledge the following as their western boundary: South of the Tennessee River, commencing at Camp Coffee, on the south side of the Tennessee River, which is opposite the Chickasaw Island; running from thence a due south course to the top of the dividing ridge between the waters of the Tennessee and Tombigby Rivers; thence eastwardly along said ridge, leaving the headwaters of the Black Warrior to the right hand until opposed by the west branch of Wells' Creek; down the east bank of said creek to the Coosa River, and down said river.

3. The Cherokees cede all claim to land south and west of the above line. In consideration for such cession the United States agree to pay an annuity of $6,000 for ten years and the sum of $5,000 within sixty days after ratification of the treaty.

4. The boundary line above described, after due notice given to the Cherokees, shall be ascertained and marked by commissioners appointed by the President, accompanied by two representatives of the Cherokee Nation.

5. The Cherokee Nation agree to meet the United States treaty commissioners at Turkeytown, on Coosa River, September 28, 1816, to confirm or reject said treaty; a failure to so meet the commissioners to be equivalent to ratification.

Ratified at Turkeytown by the whole Cherokee Nation, October 4, 1816.

HISTORICAL DATA.

FURTHER PURCHASE OF CHEROKEE LANDS.