5. To surrender any Indian killing an Englishman.[15]

_Treaty and purchase of 1755._--November 24, 1755, a further treaty was

concluded between the Cherokees and Governor Glenn, of South Carolina.

By its terms the former ceded to Great Britain a territory which

included the limits of the modern districts of Abbeville, Edgefield,

Laurens, Union, Spartanburg, Newberry, Chester, Fairfield, Richland,

and York, and deeds of conveyance were drawn up and formally executed

therefor.[16] This cession included a tract of country between the

Broad and Catawba Rivers which was also claimed and generally conceded

to belong to the Catawba Nation, the boundary line between the latter

and the Cherokees being usually fixed as the Broad River.[17] One of

the main objects of this treaty was to prevent an alliance between the

Cherokees and the French.

_Treaty of 1756._--In the year 1756 Hugh Waddell was commissioned by

the authorities of North Carolina to treat with the Cherokees and

Catawbas. In pursuance of this authority he concluded a treaty of

alliance with both nations.[18] Governor Glenn, also, in the same

year erected a chain of military posts on the frontiers of his recent

purchase. These consisted of Fort Prince George, on the Savannah,

within gunshot of the Indian town of Keowee; Fort Moore, 170 miles

farther down the river; and Fort London, on the south bank of Tennessee

River, at the highest point of navigation, at the mouth of Tellico

River.[19]

_Captain Jack's purchase._--A grant signed by Arthur Dobbs, governor

of North Carolina, et al., and by The Little Carpenter, half king of

the Over-Hill Cherokees, made to Capt. Patrick Jack, of Pennsylvania,

is recorded in the register's office of Knox County, Tennessee. It

purports to have been made at a council held at Tennessee River, March

1, 1757, consideration $400, and conveys to Captain Jack 15 miles

square south of Tennessee River. The grant itself confirmatory of the

purchase by Captain Jack is dated at a general council held at Catawba

River, May 7, 1762.[20]

_Treaty of 1760._--The French finally succeeded in enlisting the active

sympathy of the Cherokees in their war with Great Britain. Governor

Littleton, of South Carolina, marched against the Indians and defeated

them, after which, in 1760, he concluded a treaty of peace with them.

By its terms they agreed to kill or imprison every Frenchman who should

come into their country during the continuance of the war between

France and Great Britain.[21]

_Treaty of 1761._--The hostile course of the Cherokees being still

continued, the authorities of South Carolina in 1761 dispatched Colonel

Grant with a force sufficient to overcome them. After destroying

their crops and fifteen towns he compelled a truce, following which

Lieutenant Governor Bull concluded a treaty with them at Ashley Ferry,

or Charleston.[22] By this instrument the boundaries between the

Indians and the settlements were declared to be the sources of the

great rivers flowing into the Atlantic Ocean.

In 1767 the legislature of North Carolina made an appropriation and

the governor appointed three commissioners for running a dividing-line

between the western settlements of that province and the Cherokee

hunting grounds.[23]

_Treaty and purchase of 1768._--Mr. Stuart, the British superintendent

of Indian affairs, on the 14th of October, 1768, concluded a treaty

with the Cherokees at Hard Labor, South Carolina. Therein it was agreed

that the southwest boundary of Virginia should be a line "extending

from the point where the northern line of North Carolina intersects

the Cherokee hunting grounds about 36 miles east of Long Island in the

Holston River; and thence extending in a direct course north by east to

Chiswell's mine on the east bank of the Kenhawa River, and thence down

that stream to its junction with the Ohio."[24]

This treaty was made in pursuance of appeals from the Indians to stop

further encroachments of settlers upon their lands and to have their

boundaries definitely fixed, especially in the region of the north fork

of Holston River and the headwaters of the Kanawha.

_Treaty and purchase of 1770._--The settlements having encroached

beyond the line fixed by the treaty of 1768, a new treaty was concluded

on the 18th October, 1770, at Lochabar, South Carolina. A new boundary

line was established by this treaty commencing on the south bank of

Holston River six miles east of Long Island, and running thence to the

mouth of the Great Kanawha.[25]

_Treaty and purchase of 1772._--The Virginia authorities in the early

part of 1772 concluded a treaty with the Cherokees whereby a boundary

line was fixed between them, which was to run west from White Top

Mountain in latitude 36° 30'.[26] This boundary left those settlers on

the Watauga River within the Indian limits, whereupon, as a measure

of temporary relief, they leased for a period of eight years from the

Indians in consideration of goods to the value of five or six thousand

dollars all the country on the waters of the Watauga. Subsequently in

1775 [March 19] they secured a deed in fee simple therefor upon the

further consideration of £2,000.[27] This deed was executed to Charles

Robertson as the representative or trustee of the Watauga Settlers'

Association, and embraced the following tract of country, viz: All

that tract on the waters of the Watauga, Holston, and Great Canaway or

New River, beginning on the south or southwest of Holston River six

miles above Long Island in that river; thence a direct line in nearly

a south course to the ridge dividing the waters of Watauga from the

waters of Nonachuckeh and along the ridge in a southeasterly direction

to the Blue Ridge or line dividing North Carolina from the Cherokee

lands; thence along the Blue Ridge to the Virginia line and west along

such line to the Holston River; thence down the Holston River to the

beginning, including all the waters of the Watauga, part of the waters

of the Holston, and the head branches of New River or Great Canaway,

agreeable to the aforesaid boundaries.

_Jacob Brown's purchase._--Jacob Brown, in 1772, for a horse load of

goods leased from the Cherokees a tract on the Watauga and Nonachuchy

Rivers.

Three years later (March 25, 1775) for a further consideration of ten

shillings he secured from them a deed in fee for the leased tract as

well as an additional tract of considerable extent.

The boundary of the first of these bodies of land ran from the mouth

of Great Limestone Creek, thence up the same and its main fork to the

ridge dividing the Wataugah and Nonachuchy Rivers; thence to the head

of Indian Creek, where it joins the Great Iron Mountains, and along

those mountains to the Nonachuchy River; across the Nonachuchy River,

including its creeks, and down the side of Nonachuchy Mountain against

the mouth of Great Limestone Creek and from thence to the place of

beginning.

The second purchase comprised a tract lying on the Nonachuchy River

below the mouth of Big Limestone on both sides of the river and

adjoining the tract just described. Its boundaries were defined as

beginning on the south side of the Nonachuchy River below the old

fields that lie below the Limestone on the north side of Nonachuchy

Mountain at a large rock; thence north 32° west to the mouth of Camp

Creek on the south side of the river; thence across the river; thence

pursuing a northwesterly course to the dividing ridge between Lick

Creek and Watauga or Holston River, thence along the dividing ridge to

the rest of Brown's lands; thence down the main fork of Big Limestone

to its mouth; thence crossing the Nonachuchy River and pursuing a

straight course to the Nonachuchy Mountains and along such mountains to

the beginning.[28]

_Treaty and purchase of 1773._--On the 1st of June, 1773, a treaty

was concluded jointly with the Creeks and Cherokees by the British

superintendent whereby they ceded to Great Britain a tract beginning

where the lower Creek path intersects the Ogeechee River, thence along

the main channel of that river to the source of the southernmost branch

thereof; thence along the ridge between the waters of Broad and Oconee

Rivers up to the Buffalo Lick; thence in a straight line to the tree

marked by the Cherokees near the head of the branch falling into the

Oconee River [on the line between Clarke and Oglethorpe Counties, about

8 miles southeast of Athens]; thence along the said ridge 20 miles

above the line already run by the Cherokees, and from thence across to

the Savannah River by a line parallel to that formerly marked by them.

_Henderson's purchase by the treaty of 1775._--On the 17th of March,

1775, Richard Henderson and eight other private citizens concluded a

treaty with the Cherokees at Sycamore Shoals, on Watauga River. By its

terms they became the purchasers from the latter (in consideration of

£10,000 worth of merchandise) of all the lands lying between Kentucky

and Cumberland Rivers, under the name of the Colony of Transylvania in

North America. This purchase was contained in two deeds, one of which

was commonly known as the "Path Deed," and conveyed the following

described tract: "Begin on the Holston River, where the course of

Powell's Mountain strikes the same; thence up the river to the crossing

of the Virginia line; thence westerly along the line run by Donelson

* * * to a point six (6) English miles east of Long Island in Holston

River; thence a direct course towards the mouth of the Great Kanawha

until it reaches the top of the ridge of Powell's Mountain; thence

westerly along said ridge to the beginning."

This tract was located in Northeast Tennessee and the extreme

southwestern corner of Virginia.[29] The second deed covered a much

larger area of territory and was generally known as the "Great Grant."

It comprised the territory "beginning on the Ohio River at the mouth

of the Kentucky, Cherokee, or what, by the English, is called Louisa

River; thence up said river and the most northwardly fork of the same

to the head-spring thereof; thence a southeast course to the ridge of

Powell's Mountain; thence westwardly along the ridge of said mountain

to a point from which a northwest course will strike the head-spring

of the most southwardly branch of Cumberland River; thence down said

river, including all its waters, to the Ohio River; thence up said

river as it meanders to the beginning."[30] This tract comprises nearly

the whole of Central and Western Kentucky as well as part of Northern

Central Tennessee. Although a literal reading of these boundaries would

include all the territory watered by the Cumberland River and its

branches, the general understanding seems to have been (and it is so

specifically stated in the report of the treaty commissioners of 1785)

that Henderson's purchase did not extend south of Cumberland River

proper.[31] The entire purchase included in both these deeds is shown

as one tract on the accompanying map of cessions and numbered 7.

In this connection it is proper to remark that all of these grants to

private individuals were regarded as legally inoperative, though in

some instances the beneficiaries were permitted to enjoy the benefits

of their purchases in a modified degree. All such purchases had been

inhibited by royal proclamation of King George III, under date of

October 7, 1763,[32] wherein all provincial governors were forbidden

to grant lands or issue land warrants locatable upon any territory

west of the mountains or of the sources of streams flowing into the

Atlantic. All private persons were enjoined from purchasing lands from

the Indians. All purchases made of such lands should be for the Crown

by the governor or commander-in-chief of the colony at some general

council or assembly of the Indians convened for that purpose.

In the particular purchase made by Henderson and his coadjutors, the

benefits thereof were afterwards claimed by the authorities of Virginia

and North Carolina for those States, as the successors of the royal

prerogative within their respective limits. In consideration, however,

of Henderson's valuable services on the frontier, and in compensation

for his large expenditures of money in negotiating the purchase,

the legislature of North Carolina in 1783 granted to him and those

interested with him a tract of 200,000 acres,[33] constituting a strip

4 miles in width from old Indian town on Powell's River to the mouth,

and thence a strip down the Clinch River for quantity 12 miles in

width. The legislature of Virginia also granted them a tract of like

extent upon the Ohio River, opposite Evansville, Indiana.[34]

_Treaties and purchases of 1777._--In consequence of continued

hostilities between the Cherokees and the settlers, General Williamson

in 1776 marched an army from South Carolina and destroyed the towns of

the former on Keowee and Tugaloo Rivers. General Rutherford marched

another force from North Carolina and Colonel Christian a third

from Virginia, and destroyed most of their principal towns on the

Tennessee.[35]

At the conclusion of hostilities with the Cherokees, following these

expeditions, a treaty with them was concluded May 20, 1777, at De

Witt's or Duett's Corners, South Carolina, by the States of South

Carolina and Georgia. By the terms of this treaty the Indians ceded a

considerable region of country upon the Savannah and Saluda Rivers,[36]

comprising all their lands in South Carolina to the eastward of the

Unacaye Mountains.

Two months later (July 20) Commissioners Preston, Christian, and

Shelby, on the part of Virginia, and Avery, Sharpe, Winston, and

Lanier, for North Carolina, also concluded a treaty with the Cherokees,

by which, in the establishment of a boundary between the contracting

parties, some parts of "Brown's line," previously mentioned, were

agreed upon as a portion of the boundary, and the Indians relinquished

their lands as low down on Holston River as the mouth of Cloud's Creek.

To this treaty the Chicamauga band of Cherokees refused to give their

assent.[37]

The boundaries defined by this treaty are alluded to and described

in an act of the North Carolina legislature passed in the following

year, wherein it is stipulated that "no person shall enter or survey

any lands within the Indian hunting grounds, or without the limits

heretofore ceded by them, which limits westward are declared to be as

follows: Begin at a point on the dividing line which hath been agreed

upon between the Cherokees and the colony of Virginia, where the line

between that Commonwealth and this State (hereafter to be extended)

shall intersect the same; running thence a right line to the mouth of

Cloud's Creek, being the second creek below the Warrior's Ford, at the

mouth of Carter's Valley; thence a right line to the highest point of

Chimney Top Mountain or High Rock; thence a right line to the mouth

of Camp or McNamee's Creek, on south bank of Nolichucky, about ten

miles below the mouth of Big Limestone; from the mouth of Camp Creek

a southeast course to the top of Great Iron Mountain, being the same

which divides the hunting grounds of the Overhill Cherokees from the

hunting grounds of the middle settlements; and from the top of Iron

Mountain a south course to the dividing ridge between the waters of

French Broad, and Nolichucky Rivers; thence a southwesterly course

along the ridge to the great ridge of the Appalachian Mountains, which

divide the eastern and western waters; thence with said dividing

ridge to the line that divides the State of South Carolina from this

State."[38]

_Emigration of Chicamauga band._--The Cherokees being very much

curtailed in their hunting grounds by the loss of the territory

wrested from them by the terms of these two treaties, began a

movement further down the Tennessee River, and the most warlike and

intractable portion of them, known as the Chicamaugas, settled and

built towns on Chicamauga Creek, about one hundred miles below the

mouth of the Holston River. Becoming persuaded, however, that this

creek was infested with witches they abandoned it in 1782, and built

lower down the Tennessee the towns usually called "The Five Lower Towns

on the Tennessee." These towns were named respectively Running Water,

Nickajack, Long Island Village, Crow Town, and Lookout Mountain Town.

From thence marauding parties were wont to issue in their operations

against the rapidly encroaching settlements.[39]

Although comparative peace and quiet for a time followed the heroic

treatment administered to the Indians by the expeditions of Williamson,

Rutherford, Christian, and others, reciprocal outrages between the

whites and Indians were of frequent occurrence. The situation was

aggravated in 1783 by the action of the assembly of North Carolina in

passing an act (without consulting the Indians or making any effort

to secure their concurrence) extending the western boundary of that

State to the Mississippi River, reserving, however, for the use of the

Cherokees as a hunting ground a tract comprised between the point where

the Tennessee River first crosses the southern boundary of the State

and the head waters of Big Pigeon River.[40]

_Treaty and purchase of 1783._--On the 31st of May of this same

year, by a treaty concluded at Augusta, Ga., the Cherokee delegates

present (together with a few Creeks, who, on the 1st of November

succeeding, agreed to the cession) assumed to cede to that State

the respective claims of those two nations to the country lying on

the west side of the Tugaloo River, extending to and including the

Upper Oconee River region.[41] With the provisions of this treaty

no large or representative portion of either nation was satisfied,

and in connection with the remarkable territorial assertions of the

State of North Carolina, together with the constant encroachments of

white settlers beyond the Indian boundary line, a spirit of restless

discontent and fear was nourished among the Indians that resulted in

many acts of ferocious hostility.

_Treaties with the State of Franklin._--In 1784, in consequence of the

cession by North Carolina to the United States of all her claims to

lands west of the mountains (which cession was not, however, accepted

by the United States within the two years prescribed by the act) the

citizens within the limits of the present State of Tennessee elected

delegates to a convention, which formed a State organization under

the name of the State of Franklin and which maintained a somewhat

precarious political existence for about four years. During this

interval the authorities of the so-called State negotiated two treaties

with the Cherokee Nation, the first one being entered into near the

mouth of Dumplin Creek, on the north bank of French Broad River, May

31, 1785.[42] This treaty established the ridge dividing the waters of

Little River from those of the Tennessee as the dividing line between

the possessions of the whites and Indians, the latter ceding all claim

to lands south of the French Broad and Holston, lying east of that

ridge. The second treaty or conference was held at Chote Ford and

Coytoy, July 31 to August 3, 1786. The Franklin Commissioners at this

conference modestly remarked, "We only claim the island in Tennessee at

the mouth of Holston and from the head of the island to the dividing

ridge between the Holston River, Little River, and Tennessee to the

Blue Ridge, and the lands North Carolina sold us on the north side

of Tennessee." They urged this claim under threat of extirpating the

Cherokees as the penalty of refusal.[43]

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