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]