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]

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