Part 5

1. The route of the line along the ridge between Cumberland and Tennessee Rivers, and from thence to the Cumberland, at a point 40 miles above Nashville, has already been recited.

2. "The ford where the Kentucky road crosses the river" (Cumberland) is at a point opposite the mouth of Left-Hand Fork, about 12 or 13 miles slightly west of north of Cumberland Gap. From the point "40 miles above Nashville" to this ford, the commissioners adopted, as they declare, the line of Henderson's Purchase; while from the "Kentucky Ford" to the mountain, 6 miles south of the mouth of Camp Creek on Nolichucky, they followed the boundary prescribed by the treaty of July 20, 1777, with Virginia and North Carolina.[54]

3. "Campbell's line" was surveyed in 1777-'78 by General William Campbell, as a commissioner for marking the boundary between Virginia and the Cherokees. It extended from the mouth of Big Creek to the high knob on Poor Valley Ridge, 332 poles S. 70° E. of the summit of the main ridge of Cumberland Mountain, a short distance west of Cumberland Gap.[55] The point at which the treaty line of 1785 struck Campbell's line was at the Kentucky road crossing, about 1-1/2 miles southeast of Cumberland Gap.

4. The treaty line followed Campbell's line until it reached a point due north of the mouth of Cloud's Creek. From this point it ran south to the mouth of that creek, which enters the Holston from the north, 3 miles west of Rogersville.

5. The line from Cloud's Creek pursued a northeasterly direction to Chimney Top Mountain, which it struck at a point about 2 miles to the southward of the Long Island of Holston River.

6. "Camp Creek, near the mouth of Big Limestone, on the Nolichucky" (which is the next point in the boundary line), is a south branch of Nolichucky River in Greene County, Tennessee, between Horse and Cove Creeks, and empties about 6 miles southeast of Greeneville. It was sometimes called McNamee's Creek.

7. The mountain "six miles to the southward of Camp Creek" was in the Great Smoky or Iron Range, not far from the head of that creek.

8. "Thence south to the North Carolina line, thence to the South Carolina Indian boundary." This line was partially surveyed in the winter of 1791, by Joseph Hardin, under the direction of Governor Blount.[56] It ran southeasterly from the mouth of McNamee's or Camp Creek, a distance, as stated by Governor Blount, of 60 miles to Rutherford's War Trace, although the point at which it struck this "Trace," which is given in Governor Blount's correspondence as being 10 or 12 miles west of the Swannanoa settlement, is only a trifle over 50 miles in a direct line from the mouth of Camp Creek.

The "Rutherford's War Trace" here spoken of was the route pursued by General Griffith Rutherford, who, in the summer of 1776, marched an army of 2,400 men against the Cherokees. He was re-enforced by Colonels Martin and Armstrong at Cathey's Fort; crossed the Blue Ridge at Swannanæ Gap; passed down and over the French Broad at a place yet known as the "War Ford;" continued up the valley of Hominy Creek, leaving Pisgah Mountain to the left and crossing Pigeon River a little below the mouth of East Fork; thence through the mountains to Richland Creek, above the present town of Waynesville; ascended that creek and crossed Tuckaseigee River at an Indian village; continued across Cowee Mountain, and thence to the Middle Cherokee Towns on Tennessee River, to meet General Williamson, from South Carolina, with an army bent on a like mission.[57] The boundary between western North Carolina and South Carolina was not definitely established at the date of the survey of Hardin's line and, as shown by an old map on file in the Office of Indian Affairs, the point at which a prolongation of Hardin's line would have struck the South Carolina Indian boundary was supposed to be on or near the 35th degree of north latitude,[58] whereas it was actually more than 20 miles to the north of that parallel and about 10 miles to the north of the present boundary of South Carolina. The definite establishment of this treaty line of 1785 in this quarter, however, became unnecessary by reason of the ratification in February, 1792, of the Cherokee treaty concluded July 2, 1791,[59] wherein the Indian boundary line was withdrawn a considerable distance to the west.

9. The line along the "South Carolina Indian boundary" ran in a southwesterly direction from the point of contact with the prolongation of Hardin's line, passing over "Ocunna" Mountain a short distance to the northwestwardly of Oconee Station and striking the Tugaloo River at a point about 1 mile above the mouth of Panther Creek.[58]

10. The line from Tugaloo River pursued a west of south course to Currahee Mountain, which is the southern terminus of a spur of the Alleghany Mountains, and is situated 4 miles southwest of "Toccoa Falls" and 16 miles northwest of Carnesville, Georgia.

11. From "Currahee Mountain to the head of the south fork of Oconee River," the line pursued a course south 38° west[58] to the source of that stream, now commonly known as the Appallachee River, and was the terminal point of the boundary as defined in this treaty. This line was surveyed in 1798[60] under the direction of Col. Benj. Hawkins.

It is also a pertinent fact in connection with the boundaries defined by this treaty (as already stated in connection with Henderson's treaty), that although a literal reading of the description contained in Henderson's "Great Grant" of 1775 would include all the country watered by the tributaries of the Cumberland, the commissioners who negotiated this treaty of Hopewell in 1785 did not consider Henderson's Purchase as extending south of the Cumberland River proper, except in its course from Powell's Mountain to the head of the most southwardly branch of that river. This branch was considered by these commissioners of 1785 as being the Yellow River, whose source was at best but imperfectly known. They specifically state that they accept the boundaries of Henderson's Purchase in this direction,[61] and as the boundary defined by them between Powell's Mountain and Yellow River was "Campbell's line," they must have considered that line as being the southern limit of Henderson's Great Grant.

[Footnote 1: In pocket at the end of volume.]

[Footnote 2: United States Statutes at Large, Vol. VII, p. 18.]

[Footnote 3: I am informed by Colonel Bushyhead, principal chief of the Cherokee Nation, that Bartram is mistaken in his latter assumption. The letter "r" was never used except among the Overhill Cherokees, and occurred very infrequently with them.]

[Footnote 4: The full title of this work is "Descriptionis Ptolemaicæ Augmentum; sive Occidentis Notitia, brevi commentario illustrata, studio et opera, Cornely Wytfliet, Louaniensis. Lovanii, Typis Iohannis Bogardi, anno Domini MDXCVII."]

[Footnote 5: Campbell's Virginia, p. 268.]

[Footnote 6: Logan's South Carolina, Vol. I, p. 168.]

[Footnote 7: Martin's North Carolina, Vol. I, p. 194.]

[Footnote 8: Logan's South Carolina, Vol. I, p. 141.]

[Footnote 9: Logan's South Carolina, Vol. I, p. 182.]

[Footnote 10: Adair's American Indians.]

[Footnote 11: Report Commissioner Indian Affairs for 1883, p. 272.]

[Footnote 12: Bartram's Travels in North America from 1773 to 1778, p. 371.]

[Footnote 13: From a distribution roll of Cherokee annuities paid in the year 1799 it appears that there were then 51 Cherokee towns, designated as follows: Oostinawley, Creek Path, Aumoia, Nicojack, Running Water, Ellijay, Cabben, High Tower, Pine Log, High Tower Forks, Tocoah, Coosawaytee, Crowtown, Shoemeck, Aumuchee, Tulloolah, Willstown, Acohee, Cuclon, Duck-town, Ailigulsha, Highwassee, Tennessee, Lookout Mountain, Noyohee, Tusquittee, Coosa, Nantiyallee, Saukee, Keyukee, Red Bank, Nukeza, Cowpens, Telassee, Buffalo Town, Little Tellico, Rabbit Trap, Notley, Turnip Mountain, Sallicoah, Kautika, Tausitu, Watoga, Cowee, Chillhoway, Chestuee, Turkey Town, Toquah, Chota, Big Tellico, and Tusskegee.]

[Footnote 14: Ramsey's Annals of Tennessee, p. 46.]

[Footnote 15: Martin's North Carolina, Vol. II, pp. 3, 9, and 11.]

[Footnote 16: Hewat's History of South Carolina and Georgia, Vol. II, pp. 203, 204.]

[Footnote 17: Broad River was formerly known as Eswaw-Huppedaw or Line River. See Mills' Statistics of South Carolina, p. 555.]

[Footnote 18: Williamson's North Carolina, Vol. II, p. 87.]

[Footnote 19: Martin's North Carolina. Vol. II, p. 87.]

[Footnote 20: Ramsey's Annals of Tennessee, p. 68.]

[Footnote 21: Martin's North Carolina, Vol. II, p. 106.]

[Footnote 22: Ib., Vol. II, p. 152.]

[Footnote 23: Ib., Vol. II, p. 226.]

[Footnote 24: Ramsey's Annals of Tennessee, p. 76.]

[Footnote 25: Ib., p. 102.]

[Footnote 26: Ib., p. 109.]

[Footnote 27: Ramsey's Annals of Tennessee, p. 119.]

[Footnote 28: Ramsey's Annals of Tennessee, pp. 110, 121.]

[Footnote 29: There seems to be a confused idea in this description as to the identity of Powell's Mountain. This was doubtless occasioned by a lack of definite knowledge concerning the topography of the country. This ridge, as it is commonly known, does not touch the Holston River, but lies between Powell's and Clinch Rivers. The mountains supposed to be alluded to in that portion of the description are a spur of the Clinch Mountains, which close in on the Holston River, near the mouth of Cloud's Creek.]

[Footnote 30: Mann Butler's Appeal, pp. 26, 27.]

[Footnote 31: American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 32: Martin's North Carolina, Vol. II, p. 339.]

[Footnote 33: Haywood's Tennessee, pp. 16, 17.]

[Footnote 34: Ramsey's Annals of Tennessee, p. 204.]

[Footnote 35: Letter of Governor Blount to Secretary of War, January 14, 1793. See American State Papers, Indian Affairs, Vol. I, p. 431.]

[Footnote 36: American State Papers, Indian Affairs, Vol. I, p. 431, and Ramsey's Tenn., p. 172.]

[Footnote 37: Haywood's Tennessee, p. 451.]

[Footnote 38: Scott's Laws of Tennessee and North Carolina, Vol. I, p. 225.]

[Footnote 39: Letter of Governor Blount to Secretary of War, January 14, 1793. See American State Papers, Indian Affairs, Vol. I, p. 431, also page 263.]

[Footnote 40: Report of Senate Committee March 1, 1797. See American State Papers, Indian Affairs, Vol. I, p. 623. Also Ramsey's Annals of Tennessee, p. 276.] .]

[Footnote 41: Carpenter and Arthur's History of Georgia, p. 253.]

[Footnote 42: Ramsey's Annals of Tennessee, p. 299.]

[Footnote 43: Ib., p. 345.]

[Footnote 44: United States Statutes at Large, Vol. VII, p. 18.]

[Footnote 45: See Nos. 10_a_ and 10_b_ on accompanying map of Cherokee cessions.]

[Footnote 46: By resolution of Congress, March 15, 1785.]

[Footnote 47: Report of Treaty Commissioners, dated Hopewell, December 2, 1785. See American State Papers, Indian Affairs, Vol. I, p. 40.]

[Footnote 48: American State Papers, Indian Affairs, Vol. I, p. 628, and letter of General Winchester to General Robertson, November 9, 1797.]

[Footnote 49: Letter of Hon. John M. Lea, of Nashville, Tenn., to the author.]

[Footnote 50: Letter of Geo. H. Morgan, of Gainesborough, Tennessee.]

[Footnote 51: Report of Treaty Commissioners. See American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 52: American State Papers, Indian Affairs, Vol. I, p. 44.]

[Footnote 53: Journal of Treaty Commissioners. See American State Papers, Indian Affairs, Vol. I, p. 43.]

[Footnote 54: Report of Treaty Commissioners in American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 55: Letter of Return J. Meigs to Secretary of War, May 5, 1803; also, letter of Hon. John M. Lea, Nashville, Tennessee.]

[Footnote 56: Letter of Governor Blount to Secretary of War, December 16, 1792, in American State Papers, Indian Affairs, Vol. I, p. 631.]

[Footnote 57: Ramsey's Annals of Tennessee.]

[Footnote 58: Old manuscript map on file in Indian Office, Washington, D. C.]

[Footnote 59: United States Statutes at Large, Vol. VII, p. 39.]

TREATY CONCLUDED JULY 2, 1791; PROCLAIMED FEBRUARY 7, 1792.[62]

_Held on bank of Holston River, near the mouth of French Broad, between William Blount, governor of the Territory south of Ohio River and superintendent of Indian affairs, representing the President of the United States, on the part and behalf of said States, and the chiefs and warriors of the Cherokee Nation on the part and behalf of said nation._

MATERIAL PROVISIONS.

1. Perpetual peace declared between the United States and the Cherokee Nation.

2. Cherokees to be under sole protection of the United States and to hold no treaty with any State or individuals.

3. Cherokees and the United States to mutually release prisoners captured one from the other.

4. Boundary between the United States and the Cherokees defined as follows: Beginning at the top of Currahee Mountain, where the Creek line passes it; thence a direct line to Tugelo River; thence northeast to Ocunna Mountain and over same along South Carolina Indian boundary to the North Carolina boundary; thence north to a point from which a line is to be extended to the River Clinch that shall pass the Holston at the ridge dividing waters of Little River from those of Tennessee River; thence up Clinch River to Campbell's line and along the same to the top of Cumberland Mountain; thence a direct line to Cumberland River where the Kentucky road crosses it; thence down Cumberland River to a point from which a southwest line will strike the ridge dividing waters of Cumberland from those of Duck River 40 miles above Nashville; thence down said ridge to a point from which a southwest line will strike the mouth of Duck River.

To prevent future disputes, said boundary to be ascertained and marked by three persons appointed by the United States and three persons appointed by the Cherokees.

To extinguish all claim of Cherokees to lands lying to the right of said line, the United States agree to immediately deliver certain valuable goods to the Cherokees and to pay them $1,000 annually.

5. Citizens of United States to have free use of road from Washington District to Mero District and of navigation of Tennessee River.

6. The United States to have exclusive right of regulating trade with the Cherokees.

7. The United States solemnly guarantee to the Cherokees all their lands not herein ceded.

8. Citizens of the United States or others not Indians settling on Cherokee lands to forfeit protection of the United States and be punished as the Indians see fit.

9. Inhabitants of the United States forbidden to hunt on Cherokee lands, or to pass over the same without a passport from the governor of a State or Territory or other person authorized by the President of the United States to grant the same.

10. Cherokees committing crimes against citizens of the United States to be delivered up and punished by United States laws.

11. Inhabitants of the United States committing crimes or trespass against Cherokees to be tried and punished under United States laws.

12. Retaliation or reprisal forbidden until satisfaction has been refused by the aggressor.

13. Cherokees to give notice of any designs against the peace and interests of the United States.

14. Cherokees to be furnished with useful implements of husbandry. United States to send four persons to reside in Cherokee country to act as interpreters.

15. All animosities to cease and treaty to be faithfully carried out.

16. Treaty to take effect when ratified by the President of the United States by and with the advice and consent of the Senate.

[Footnote 60: See resolution of Georgia legislature, June 16, 1802. It is however stated by Return J. Meigs, in a letter to the Secretary of War dated December 20, 1811, that this line was run by Colonel Hawkins in 1797.]

[Footnote 61: American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 62: United States Statutes at Large, Vol. VII, p. 39.]

HISTORICAL DATA.

CAUSES OF DISSATISFACTION WITH THE BOUNDARY OF 1785.

The boundary line prescribed by the treaty of November 28, 1785, had been unsatisfactory to both the Cherokees and the whites. On the part of the former the chief cause of complaint was the non-removal of the settlers in the fork of the French Broad and Holston Rivers and their evident disposition to encroach still farther into the Indian country at every opportunity. The whites, on the other hand, were discontented because further curtailment of the Cherokee territory had not been compelled by the commissioners who negotiated the treaty, and the State authorities of North Carolina and Georgia had protested because of the alleged interference by the General Government with the reserved rights of the States.[63] In retaliation for the intrusions of the whites the Indians were continually engaged in pilfering their stock and other property.

The state of affairs resulting from this continual friction rendered some decisive action by Congress necessary. A large portion of the land in Greene and Hawkins Counties, Tennessee, had been entered by the settlers under the laws of North Carolina, whereby she had assumed jurisdiction to the Mississippi River.[64] These lands were south and west of the treaty line of 1785, as were also the lands on the west side of the Clinch upon which settlements had been made. Settlers to the number of several thousand, south of the French Broad and Holston, were also within the Cherokee limits.[65]

It is true that the authorities of the so-called State of Franklin had in the years 1785 and 1786 negotiated two treaties with the Cherokees, obtaining cessions from the latter covering most, if not all, of these lands,[66] but neither the State of North Carolina nor the United States recognized these treaties as of any force or validity.

These trespasses called forth under date of September 1, 1788, a proclamation from Congress forbidding all such unwarrantable intrusions, and enjoining all those who had settled upon the hunting ground of the Cherokees to depart with their families and effects without loss of time.

General Knox, Secretary of War, under date of July 7, 1789, in a communication to the President, remarked that "the disgraceful violation of the treaty of Hopewell with the Cherokees requires the serious consideration of Congress. If so direct and manifest contempt of the authority of the United States be suffered with impunity, it will be in vain to attempt to extend the arm of government to the frontiers. The Indian tribes can have no faith in such imbecile promises, and the lawless whites will ridicule a government which shall, on paper only, make Indian treaties and regulate Indian boundaries."[67]

He recommended the appointment of three commissioners on the part of the United States, who should be invested with full powers to examine into the case of the Cherokees and to renew with them the treaty made at Hopewell in 1785; also to report to the President such measures as should be necessary to protect the Indians in the boundaries secured to them by that treaty, which he suggested would involve the establishment of military posts within the Indian country and the services of at least five hundred troops. President Washington, on the same day, transmitted the report of the Secretary of War, with the accompanying papers, to Congress. He approved of the recommendations of General Knox, and urged upon that body prompt action in the matter.

Congress, however, failed to take any decisive action at that session, and on the 11th of August, 1790, President Washington again brought the subject to the attention of that body. After reciting the substance of his previous communication, he added that, notwithstanding the treaty of Hopewell and the proclamation of Congress, upwards of five hundred families had settled upon the Cherokee lands, exclusive of those between the fork of the French Broad and Holston Rivers.[68] He further added that, as the obstructions to a proper conduct of the matter had been removed since his previous communication, by the accession of North Carolina to the Union and the cession to the United States by her of the lands in question,[69] he should conceive himself bound to exert the powers intrusted to him by the Constitution in order to carry into faithful execution the treaty of Hopewell, unless it should be thought proper to attempt to arrange a new boundary with the Cherokees, embracing the settlements and compensating the Cherokees for the cessions they should make.

_United States Senate authorizes a new treaty._--Upon the reception of this message the Senate adopted a resolution advising and consenting that the President should, at his discretion, cause the treaty of Hopewell to be carried into execution or enter into arrangements for such further cession of territory from the Cherokees as the tranquillity and interests of the United States should require. A proviso to this resolution limited the compensation to be paid to the Cherokees for such further cession to $1,000 per annum and stipulated that no person who had taken possession of any lands within the limits of the proposed cession should be confirmed therein until he had complied with such terms as Congress should thereafter prescribe.

Accordingly, instructions were issued to William Blount, governor of the Territory south of the Ohio River and _ex-officio_ superintendent of Indian affairs, to conclude a treaty of cession with the Cherokees.[70]

TENNESSEE COMPANY'S PURCHASE.

In the mean time the troubles between the Indians and the settlers had become aggravated from divers causes. Prominent among these was the fact that Georgia had by act of her legislature disposed of 3,500,000 acres of vacant land lying south of Tennessee River to the Tennessee Company. This association undertook to effect a settlement in the year 1791 at or near the Muscle Shoals.[71] The matter coming to the notice of the Secretary of War was made the subject of a strong protest by him to the President.[72]

The latter issued his proclamation forbidding such settlement. The company persisted in the attempt, and as the President had declared such act would place them without the protection of the United States, the Indians were left free to break up and destroy the settlement, which they did.[73]

DIFFICULTIES IN NEGOTIATING NEW TREATY.

In pursuance of Governor Blount's instructions, he convened the Indians at White's Fort, on the present site of Knoxville, Tenn.; and after a conference lasting seven days, succeeded, with much difficulty and with great reluctance on the part of the Cherokees, in concluding the treaty of July 2, 1791.[74]