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.]