Part 6

In his letter to the Secretary of War,[75] transmitting the treaty, he asserts the greatest difficulty to have been in agreeing on a boundary, and that the one fixed upon might seem singular. The reason for this peculiarity of description was owing to the fact that the Indians insisted on beginning on the part where they were most tenacious of the land, in preference to the mouth of Duck River, where the Hopewell treaty line began. The land to the right of the line was declared to belong to the United States, because no given point of the compass would describe it. In accordance with his instructions, Governor Blount proposed to the Indians that the ridge dividing the waters of Little River from those of the Tennessee should form a part of the boundary. To this the Indians would not agree, but insisted on the straight line which should cross the Holston where that ridge should strike it. Governor Blount explains that this line is not so limited by the treaty as to the point at which it shall leave the north line or at which it shall strike the Clinch, but that it might be so run as either to include or leave out the settlers south of the ridge; the only stipulations respecting it being that it should cross the Holston at the ridge, and should be run by commissioners appointed by the respective parties.

He urged that the line should be run immediately after the ratification of the treaty, as settlers were already located in the immediate vicinity of it, and more were preparing to follow.

The President transmitted the treaty to the Senate with his message of October 26, 1791,[76] and Senator Hawkins, from the committee to whom it was referred, reported it back to the Senate on the 9th of November following, recommending that the Senate advise and consent to its ratification.[77]

On the 19th of the same month the Secretary of War advised Governor Blount that the treaty had been ratified by the President, by and with the advice and consent of the Senate, and inclosed him 50 printed copies for distribution, although the United States Statutes at Large [Vol. VII, p. 39] give the date of the proclamation of the treaty as February 7, 1792.[78]

[Footnote 63: American State Papers, Indian Affairs, Vol. I, p. 44.]

[Footnote 64: Protest of Col. William Blount to Treaty Commissioners of 1785. American State Papers, Indian Affairs, Vol. I, p. 44, and Ramsey's Annals of Tenn., p. 549. Also Scott's Laws of Tennessee and North Carolina, Vol. I.]

[Footnote 65: American State Papers, Indian Affairs, Vol. I, p. 38.]

[Footnote 66: Ramsey's Annals of Tennessee, p. 345.]

[Footnote 67: American State Papers, Indian Affairs, Vol. I, p. 53.]

[Footnote 68: Ib., p. 83.]

[Footnote 69: The assembly of North Carolina proceeded in 1789 to mature a plan for the severance of Tennessee, and passed an act for the purpose of ceding to the United States of America certain western lands therein described. In conformity with one of the provisions of the act, Samuel Johnson and Benjamin Hawkins, Senators in Congress from North Carolina, executed a deed to the United States on the 25th of February, 1790. Congress accepted the cession by act of April 2, 1790, and Tennessee ceased to be a part of North Carolina.]

[Footnote 70: These instructions were issued in pursuance of the advice and consent of the Senate, under date of August 11, 1790. See American State Papers, Indian Affairs, Vol. I, p. 135.]

[Footnote 71: This act of the Georgia legislature bore date of December 21, 1789. A prior act, bearing date February 7, 1785, had been passed, entitled "An act for laying out a district of land situated on the river Mississippi, within the limits of this State, into a county, to be called Bourbon." See American State Papers, Indian Affairs, Vol. I, p. 114.]

[Footnote 72: January 22, 1791. See American State Papers, Indian Affairs, Vol. I, p. 112.]

[Footnote 73: Ramsey's Annals of Tennessee, pp. 549-556.]

[Footnote 74: United States Statutes at Large, Vol. VII, p. 39.]

[Footnote 75: July 15, 1791. See American State Papers, Indian Affairs, Vol. I, p. 628.]

[Footnote 76: American State Papers, Indian Affairs, Vol. I, p. 123.]

[Footnote 77: Ib., p. 135.]

[Footnote 78: Ib., p. 629.]

SURVEY OF NEW BOUNDARIES.

The Secretary also intrusted the matter of the survey of the new boundary to the discretion of Governor Blount, and suggested the appointment of Judge Campbell, Daniel Smith, and Col. Landon Carter as commissioners to superintend the same. This suggestion was subsequently modified by the appointment of Charles McLung and John McKee in place of Smith and Carter. Governor Blount designated the 1st of May as the date for the survey to commence. Andrew Ellicott was appointed surveyor, he having been previously appointed to survey the line under the Creek treaty of 1790.[79] Before these arrangements could be carried out, the Secretary of War again wrote Governor Blount,[80] remarking that while it was important the line should be run, yet as the United States, in their military operations, might want the assistance of the Cherokees, perhaps it would be better policy to have the lines ascertained and marked after rather than before the campaign then about to commence against the Indians northwest of the Ohio.[81] It was thus determined, in view of numerous individual acts of hostility on the part of the Cherokees and of the desire to soothe them into peace and to engage them as auxiliaries against the northern Indians, to temporarily postpone the running of the line.

After considerable correspondence between Governor Blount and the Cherokee chiefs in council, the 8th of October, 1792, was fixed upon as the date for the meeting of the representatives of both parties at Major Craig's, on Nine-Mile Creek, for the purpose of beginning the survey.[82] In the mean time an increased spirit of hostility had become manifest among the Cherokees and Creeks, the five lower towns of the former having declared war, and an Indian invasion of the frontier seemed imminent. Governor Blount, therefore, in the latter part of September,[83] deemed it wise to call fifteen companies of militia into immediate service, under the command of General Sevier, for the protection of the settlements. Notwithstanding this critical condition of affairs, the boundary line commissioners on the part of the United States assembled at the appointed time and place. After waiting until the following day, the representatives of the Cherokees putting in no appearance, they proceeded to inspect the supposed route of the treaty line. After careful examination they came to the conclusion that the ridge dividing the waters of Tennessee and Little Rivers struck the Holston River at the mouth and at no other point.[84]

They then proceeded to run, but did not mark, a line of experiment from the point of the ridge in a southeast direction to Chilhowee Mountain, a distance of 17-1/2 miles, and also from the point of beginning in a northwest direction to the Clinch River, a distance of 9 miles. From these observations they found that the line, continued to the southeast, would intersect the Tennessee River shortly after it crossed the Chilhowee Mountain, and in consequence would deprive the Indians of all their towns lying on the south side of the Tennessee. This rendered apparent the necessity of changing the direction of the line into a more nearly east and west course, and led the commissioners to express the opinion that the true line should run from the point of the ridge south 60° east to Chilhowee Mountain and north 60° west to the Clinch.

The course thus designated left a number of the settlers on Nine-Mile Creek within the Indian limits.[85]

The records of the War Department having been almost completely destroyed by fire in the month of November, 1800, it is with great difficulty that definite data can be obtained concerning the survey of this and other Indian boundaries prior to that date. It has, however, been ascertained that the above mentioned line was not actually surveyed until the year 1797.

_Journal of Col. Benjamin Hawkins._--The manuscript journal of Col. Benjamin Hawkins, now in the possession of the Historical Society of Georgia, shows that instructions were issued by the Secretary of War on the 2d of February, 1797, appointing and directing Col. Benjamin Hawkins, General Andrew Pickens, and General James Winchester as commissioners on the part of the United States to establish and mark the lines between the latter and the Indian nations south of the Ohio. These instructions reached Colonel Hawkins at Fort Fidius, on the Oconee, on the 28th of February. Notice was at once sent to General Pickens at his residence at Hopewell, on the Keowee, and also to General Winchester, through Silas Dinsmoor, at that time temporary agent for the Cherokee Nation, to convene at Tellico, on Tennessee River, on the 1st of April following, for the purpose of determining and marking the Cherokee boundary line pursuant to the treaty of 1791. Colonel Hawkins joined General Pickens at Hopewell, from which point they set out for Tellico on the 23d of March, accompanied by Joseph Whitner, one of their surveyors, as well as by an escort of United States troops, furnished by Lieut. Col. Henry Gaither. Passing Ocunna station, they were joined by their other surveyor, John Clark Kilpatrick. They reached Tellico block-house on the 31st of March, and were joined on the following day by Mr. Dinsmoor, the Cherokee agent. Here they were visited by Hon. David Campbell, who, in conjunction with Charles McLung and John McKee, had been appointed in 1792, as previously set forth, to survey and mark the line. Mr. Campbell informed them that he and his co-commissioners, in pursuance of their instructions, did in part ascertain and establish the boundary and report the same to Governor Blount, and that he would accompany the present commissioners and give them all the information he possessed on the subject. About the same time confidential information was received that General Winchester would not attend the meeting of his co-commissioners, and that this was understood to be in pursuance of a scheme to postpone the running of the line in the interest of certain intruders upon Indian land. On the 7th of April the commissioners set out to examine the location and direction of the ridge dividing the waters of Little River from those of Tennessee, at the same time noting that "we received information that the line run between the Indians and white inhabitants by the commissioners, mentioned on the 3d instant by Mr. Campbell, was by order, for the express purpose of ascertaining a line of accommodation for the white settlers, who were then over the treaty line." By arrangement they met a number of the interested settlers at the house of Mr. Bartlett McGee on the 9th, and by them were advised that the ridge between the sources of Nine-Mile, Baker's, Pistol, and Crooked Creeks "is that which divides the waters running into Little River from those running into the Tennessee."

Proceeding with their observations, they set out for the point on this ridge "where the experiment line for fixing the court-house of Blount County passes the ridge between Pistol Creek and Baker's Creek, due east from a point on the Tennessee 13-1/2 miles, and this point on the Tennessee is 1-1/2 miles south from a point from where a line west joins the confluence of the Holston and Tennessee." The point on the ridge here spoken of was 2-1/2 miles north of Bartlett McGee's and 1 mile north of the source of Nine-Mile Creek. The commissioners state that in noting observations they count distances in minutes, at the rate of 60' to 3 miles. From the foregoing point they proceeded west 8' to a ridge dividing Pistol and Baker's Creeks; turned south 6' to the top of a knoll, having on the right the falling grounds of Gallagher's Creek. This knoll they called "Iron Hill." Continuing south 11', they crossed a small ridge and ascended a hill 4' SSW., crossing a path from Baker's Creek to the settlements on Holston. From here the ridge bore SSW. 1 mile, SW. by W. 1 mile, SSW. 3 miles, and thence NW., which would make it strike the Holston River near the mouth of that stream. This corresponded with the observations of the previous commissioners who had run the experimental line.

This inspection convinced the commissioners that a considerable number of the white settlers were on the Indian land. The latter were quite anxious that some arrangement should be made for their accommodation in the coming conference with the Indians, but received no encouragement from the commissioners further than an assurance that they should be permitted to gather their crops of small grain and fruit before removal.

Being asked by the commissioners why the line run by Mr. Campbell and his confrères was known by three names, "that of experience, of experiment, and the treaty line with the Indians," they answered that "it was not the treaty line, but a line run to see how the citizens could be covered, as they were then settled on the frontier; that they understood this to be the direction to the commissioners, and that they conformed to it and ran the line as we had noticed in viewing the lands between the two rivers." The settlers also said, "the law, as they were likely to be affected, had been incautiously worded. They understood from it that the line from Clinch to cross the Holston at the ridge would turn thence south to the South Carolina Indian boundary on the North Carolina line. We replied that this understanding of it was erroneous. There was no such course in the treaty, and they should never suppose that the Government would be capable of violating a solemn guarantee; that, although the expression was 'thence south,' yet it must be understood as meaning southeastwardly, to the point next called for, as the point is in that direction and far to the east; that the lands in question had moreover been expressly reserved by the State of North Carolina for the Indians, and the occupants had not, as some others had, even the plea of entry in the land office of that State."

The law referred to above by the settlers and the commissioners was the act of Congress approved May 19, 1796, entitled "An act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers." This act recited the course of the Indian boundary as established by treaty with the various tribes extending from the mouth of Cuyahoga River along the line described in the treaty of 1795 at Greenville, to the Ohio River and down the same to the ridge dividing the Cumberland and Tennessee Rivers; thence, up and along said ridge and continuing according to the Cherokee treaty of 1791 to the river Clinch; "thence down said river to a point from which a line shall pass the Holston, at the ridge which divides the waters running into Little River from those running into the Tennessee; thence _south_ to the North Carolina boundary," etc.

Owing to fears for their personal safety caused by the hostile tone of the settlers toward them, it was not until the 25th of April that a representative delegation of the Cherokees was convened in council by the commissioners. There were present 147 chiefs and warriors. Commissioners were appointed by them to act on behalf of their nation, in conjunction with those on behalf the United States, to run and mark the boundary line, and an agreement was reached that Messrs. Hawkins and Pickens should have authority to select the necessary sites for the proposed military posts within their country.

During the council a delegation of the intruding settlers presented themselves but were not allowed to attend the deliberations, being advised by the commissioners "that it was not in contemplation to make a new treaty but to carry the treaty of Holston into effect; that we did not expect much light on this subject from the Indians; that we should form our decision from the instrument itself and not from interested reporters on either side; that all who were on the Indian lands could not be relieved by us; * * * that he (Captain Henly) and most of the deputation lived on this side of the line of experiment, and that they had informed us that that line was merely to ascertain how the citizens could be accommodated and _on this side of the true line_ intended in the treaty; that to accommodate them a new treaty must be had and a new line agreed on, and, in our opinion, at this time it could not be effected; that the Indians were much alarmed for their situation, and viewed every attempt to acquire land as a violation of the solemn guaranty of the Government; that we need not expect ever to obtain fairly their consent to part with their land, unless our fellow-citizens would pay more respect than we saw they did to their treaties.

Following this conference with the Indians, the commissioners proceeded (examining the country carefully en route) to South West Point, at the mouth of Clinch River, which they reached on the 6th of May, and the journal of Colonel Hawkins concludes with this day's proceedings. It is learned, however, from an old map of the line now on file in the office of Indian Affairs, that the survey was not begun until more than three months after their arrival at South West Point. From another map in the same office it appears that the line as surveyed extended from a point about 1,000 yards above South West Point in a course S. 76° E. to the Great Iron Mountain, and was known as "Hawkins Line."[86] From this point the line continued in the same course until it reached the treaty line of 1785, and was called "Pickens Line." The supposition is that as the commissioners were provided with two surveyors, they separated, Colonel Hawkins with Mr. Whitner as surveyor running the line from Clinch River to the Great Iron Mountains, and General Pickens with Colonel Kilpatrick as surveyor locating the remainder of it. This supposition is verified so far as General Pickens is concerned by his own written statement.[87]

From the point where it struck the Clinch River, the line of cession by this treaty of 1791 followed up the course of that river until it struck Campbell's line at a point 3 or 4 miles southwest of the present town of Sneedville. From this point it became identical with the boundary line prescribed by the treaty of November 28, 1785 at Hopewell.

The tract of country ceded by this treaty comprised the territory within the present limits of Sevier, Cocke, Jefferson, Hamblen, Grainger, and almost the entirety of Knox, as well as portions of Roane, Loudon, Anderson, Union, Hancock, Hawkins, Sullivan, Washington, Greene, and Blount Counties in Tennessee, together with a portion of North Carolina lying principally west of the French Broad River.

[Footnote 79: Ib., p. 628-630.]

[Footnote 80: January 31, 1792. See American State Papers, Indian Affairs, Vol. I, p. 629.]

[Footnote 81: It may not be uninteresting as a historical incident to note the fact that at the time of General Wayne's treaty at Greeneville, in 1795, a band of Cherokees had settled on the head-waters of the Scioto River in Ohio. Not presenting themselves at the conferences preceding that treaty, General Wayne sent them a special message through Captain Long Hair, one of their chiefs, with the information that if they failed to conclude articles of peace with him they would be left unprotected. They sent a delegation to assure General Wayne of their desire for peace, saying that as soon as they gathered their crop of corn they would return to their tribe, which they did.]

[Footnote 82: American State Papers. Indian Affairs, Vol. I, p. 630. According to the original manuscript journal of Col. Benj. Hawkins, Major Craig's house was 1/4 mile below the source of Nine-Mile Creek.]

[Footnote 83: September 27, 1792. See American State Papers, Indian Affairs, Vol. I, p. 630.]

[Footnote 84: Report of Boundary Commissioners, November 30, 1792. American State Papers, Indian Affairs, Vol. I, p. 630.]

[Footnote 85: Report of Boundary Commissioners, November 30, 1792. American State Papers, Indian Affairs, Vol. I, p. 630.]

[Footnote 86: See preamble to treaty of 1798; American State Papers, Indian Affairs, Vol. I, pp. 639-641; letters of Indian Bureau, War Department, December 13 and 14, 1828; also, old manuscript maps in Office of Indian Affairs, Nos. 716 and 749. By the former of these maps it appears that the survey of "Hawkins Line" from Clinch River was begun August 13, 1797, and that "the line commences on the Clinch, one-fourth mile above the ferry, in view of South West Point. (The ferry was 600 yards above the point.) From this point the view through the vista or street passing Captain Wade's garden to the right S. 26 W. the same side of the river above N. 47 W. The beginning tree, a Spanish oak, marked U. S. on the north side and C. on the south; on the oak 1797. A wahoo marked U. S. and C. under the U. S. Aug. 13, continues the line 4 cuts 7 strikes to the Cumberland road, here a white oak marked U. S. and C. The mile trees have U. S. and C. marked on them," etc.]

[Footnote 87: Letter of Gen. Andrew Pickens to Hon. Mr. Nott, of South Carolina, January 1, 1800. See American State Papers, Public Lands, Vol. I, p. 104.]

TREATY CONCLUDED FEBRUARY 17, 1792; PROCLAIMED FEBRUARY 17, 1792.

_Held at Philadelphia, Pennsylvania, between Henry Knox, Secretary of War, on behalf of the United States, and certain chiefs and warriors, in behalf of themselves and the Cherokee Nation._

MATERIAL PROVISIONS.

This treaty was negotiated as, and declared to be, an additional article to the treaty of July 2, 1791, and provided as follows:

1. That the annual sum to be paid to the Cherokees by the United States, in consideration of the relinquishment of lands, made in treaty of 1791, be $1,500 instead of $1,000.

HISTORICAL DATA.

DISCONTENT OF THE CHEROKEES.

As stated in considering the treaty of July 2, 1791, the Secretary of War notified Governor Blount[88] that the President had ratified the same, and inclosed printed copies thereof to him for distribution. This was equivalent to its official promulgation, although the treaty as printed in the United States Statutes at Large gives February 17, 1792, as the date of proclamation.

But, whichever may be the correct date, during the interval elapsing between them, a Cherokee delegation, without the invitation or knowledge of the United States authorities, proceeded to Philadelphia (then the seat of Government), where they arrived on the 28th of December, 1791, bringing with them from Governor Pinckney and General Pickens, of South Carolina, evidence of the authenticity of their mission.[89]

The delegation consisted of six, besides the interpreter, and was headed by Nen-e-too-yah, or the Bloody Fellow. They were kindly received by the President, who directed the Secretary of War to ascertain their business.

Conferences were thereupon held with them, lasting several days, at which the Indians detailed at great length their grievances and made known their wants.