The commissioners deputed for the performance of this duty were
Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlan McIntosh.
They convened the Indians in council at Hopewell, S. C., on the 18th
of November, 1785.[47] Hopewell is on the Keowee River, 15 miles
above the junction of that river with the Tugaloo. The commissioners
announced to the Indians the change of sovereignty from Great Britain
to Congress that had taken place in the country as a consequence of the
successful termination of the Revolution. They further set forth that
Congress wanted none of the Indian lands, nor anything else belonging
to them, but that if they had any grievances, to state them freely,
and Congress would see justice done them. The Indian chiefs drafted
a map showing the limits of country claimed by them, which included
the greater portion of Kentucky and Tennessee, as well as portions of
North Carolina, South Carolina, and Georgia. Being reminded by the
commissioners that this claim covered the country purchased by Colonel
Henderson, who was now dead, and whose purchase must therefore not be
disputed, they consented to relinquish that portion of it. They also
consented that the line as finally agreed upon, from the mouth of
Duck River to the dividing ridge between the Cumberland and Tennessee
Rivers, should be continued up that ridge and from thence to the
Cumberland in such a manner as to leave all the white settlers in the
Cumberland country outside of the Indian limits.
At the time, it was supposed this could be accomplished by running a
northeast line from the ridge so as to strike the Cumberland _forty
miles above Nashville_. This portion of the boundary, not having been
affected by the treaty of 1791 (as was supposed by the Cherokees), was
reiterated in that treaty in a reverse direction. But the language
used--whether intentional or accidental--rendered it susceptible of a
construction more favorable to the whites. This language read, "Thence
down the Cumberland River to a point from which a southwest line will
strike the ridge which divides the waters of Cumberland from those of
Duck River, 40 miles above Nashville." As this line was not actually
surveyed and marked until the fall of 1797,[48] and as the settlements
in that locality had in the meantime materially advanced, it became
necessary, in order to exclude the bulk of the settlers from the
Indian country, to take advantage of this technicality. The line was
consequently so run (from a point on said dividing ridge 40 miles above
Nashville) that it struck the Cumberland River about 1 mile above the
mouth of Rock Castle River, a distance of perhaps 175 to 200 miles
above Nashville. This line was surveyed by General James Winchester,
who, under date of November 9, 1797, in a letter to General Robertson,
describes a portion of it as running as follows:
From Walton's road to the Fort Blount road, which it crosses
near the two springs at the 32-mile tree; crosses Obey's River
about 6 or 7 miles from the mouth; Achmugh about 2 miles above
the Salt Lick; the South Fork of Cumberland, or Flute River, 5 or
6 miles from the mouth, and struck Cumberland River about a mile
above the mouth of Rock Castle.
He also adds that the total length of the line (from the dividing ridge
to Cumberland River above Rock Castle) is 138-11/16 miles.
The Fort Blount here mentioned was on the south side of Cumberland
River, about 6 miles in a direct line, southwest of Gainesboro', and
the road led from there to Walton's road, which it joined at or near
the present site of Cooksville.[49] Walton's or Caney Fork road led
from Carthage in an easterly direction, and before the organization
of Putnam County formed the boundary line between Overton and White
counties, from whence it continued easterly through Anderson's Cross
Roads and Montgomery to Wilson's, in Knox County. The "Two Springs,"
are about 2 or 3 miles northwest of Cooksville.[49]
There is much difficulty in determining the absolute course of the
"Winchester line," from the meager description contained in his letter
above quoted. Arrowsmith and Lewis, in their Atlas, published in 1805,
lay down the line as pursuing a perfectly straight course from its
point of departure on the dividing ridge to its termination on the
Cumberland above the mouth of Rock Castle River. Their authority for
such a definition of the boundary is not given. If such was the true
course of the line, the description given in General Winchester's
letter would need some explanation. He must have considered Obey's
River as emptying into Wolf River in order to bring his crossing
of the former stream reasonably near the distance from its mouth
specified by him. He must also have been mistaken in his estimate of
the distance at which the line crossed above the mouth of the South
Fork of the Cumberland. The line of Arrowsmith and Lewis would cross
that stream at least 12 miles in a direct line above its mouth,
instead of five or six. It is ascertained from correspondence with
the officers of the Historical Society of Tennessee, that the line,
after crossing the Fort Blount road at the "Two Springs," continued in
a northeasterly direction, crossing Roaring Fork near the mouth of a
small creek, and, pursuing the same course, passed to the east of the
town of Livingston. "Nettle Carrier," a Cherokee Indian of some local
note, lived on the headwaters of Nettle Carrier's Creek, about four
or five miles east of Livingston, and the line passed about half-way
between his cabin and the present site of that village.[50] Thence it
continued to the crossing of Obey's River, and thence to the point of
intersection with the Kentucky boundary line, which is ascertained
to have been at the northeast corner of Overton County, Tennessee,
as originally organized in 1806. From this point the line continued
to the crossing of Big South Fork, at the place indicated by General
Winchester, and thence on to the Cumberland at the terminal point one
mile above the mouth of Rock Castle River. In the interest of clearness
a literal following of the line indicated in General Winchester's
letter, and also that given by Arrowsmith and Lewis, are shown upon
the accompanying map. At the conference preliminary to the signing of
the treaty of 1785, the Indians also asserted that within the fork of
the French Broad and Holston Rivers were 3,000 white settlers who were
there in defiance of their protests. They maintained that they had
never ceded that country, and it being a favorite spot with them the
settlers must be removed. The commissioners vainly endeavored to secure
a cession of the French Broad tract, remarking that the settlers were
too numerous to make their removal possible, but could only succeed in
securing the insertion of an article in the treaty, providing for the
submission of the subject to Congress, the settlers, in the mean time,
to remain unmolested.[51]
_Protest of North Carolina and Georgia._--During the pendency of
negotiations, William Blount, of North Carolina, and John King and
Thomas Glasscock, of Georgia, presented their commissions as the agents
representing the interests of their respective States. They entered
formal protests in the names of those States against the validity
of the treaty, as containing several stipulations which infringed
and violated the legislative rights thereof. The principal of these
was the right, as assumed by the commissioners, of assigning to the
Indians, territory which had already been appropriated, by act of
the legislature in the case of North Carolina, to the discharge of
bounty-land claims of the officers and soldiers of that State who had
served in the Continental line during the Revolution.[52]
There were present at this treaty, according to the report of the
commissioners, 918 Cherokees, to whom, after the signature and
execution thereof, were distributed as presents goods to the value
of $1,311-10/90. The meagerness of the supply was occasioned, as the
commissioners explained, by their expectancy of only meeting the chiefs
and headmen.[53]
_Location of boundaries._--In the location of the boundary points
between the Cherokees and whites, recited in the fourth article of the
treaty, it is proper to remark that--
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.]