DISPUTES RESPECTING TERRITORY.

In the year 1797 the legislature of the State of Tennessee addressed a

memorial and remonstrance to Congress upon the subject of the Indian

title to lands within that State. The burden of this complaint was

the assertion that the Indian title was at best nothing greater than

a tenancy at will; that the lands they occupied within the limits of

the State had been granted by the State of North Carolina, before the

admission of Tennessee to the Union, to her officers and soldiers of

the Continental line, and for other purposes; that the treaties entered

into with the Cherokees by the United States, guaranteeing them the

exclusive possession of these lands, were subversive of State as well

as individual vested rights, and praying that provision be made by law

for the extinguishment of the Indian claim.[107]

This was communicated to Congress by the President. Mr. Pinckney,

from the committee of the House of Representatives to which the matter

was referred, submitted a report,[108] accompanied by a resolution

making an appropriation for the relief of such citizens of the State

of Tennessee as had a right to lands within that State, by virtue of

the cession out of the State of North Carolina, provided they had made

actual settlement thereon and had been deprived of the possession

thereof by the operation of the act of May 19, 1796, for regulating

intercourse with the Indian tribes. The sum to be appropriated, it was

declared, should be subject to the order of the President of the United

States, to be expended under his direction, either in extinguishing the

Indian claim to the lands in question, by holding a treaty for that

purpose, or to be disposed of in such other manner as he should deem

best calculated to afford the persons described a temporary relief.

_New treaty._--The House of Representatives, on considering the

subject, passed a resolution directing the Secretary of War to lay

before them such information as he possessed relative to the running of

a line of experiment from Clinch River to Chilhowie Mountain by order

of Governor Blount, to which the Secretary responded on the 5th of

January, 1798.[109]

Following this, on the 8th of the same month, President Adams

communicated a message to the Senate, setting forth that the situation

of affairs between some of the citizens of the United States and the

Cherokees had evinced the propriety of holding a treaty with that

nation, to extinguish by purchase their right to certain parcels of

land and to adjust and settle other points relative to the safety

and convenience of the citizens of the United States. With this view

he nominated Fisher Ames, of Massachusetts, Bushrod Washington, of

Virginia, and Alfred Moore, of North Carolina, to be commissioners,

having authority to hold conferences and conclude a treaty with the

Cherokees for the purposes indicated.[110]

The Senate concurred in the advisability of the proposed treaty, but

Fisher Ames and Bushrod Washington having declined, George Walton and

John Steele were associated with Mr. Moore, and detailed instructions

were given for their guidance.[111]

By these instructions they were vested jointly and severally with full

powers to negotiate and conclude a treaty with the Cherokees, limited

only by the scope of the instructions themselves. The Cherokee agent

had already been directed to notify the Indians and the commandant of

United States troops in Tennessee to furnish an escort sufficient for

the protection of the negotiations.

_Further purchase of Cherokee lands proposed._--The commissioners

were directed as a primary consideration to secure, if possible, the

consent of the Cherokees to the sale of such part of their lands as

would give a more convenient form to the State of Tennessee and conduce

to the protection of its citizens. Especially was it desirable to

obtain their consent to the immediate return of such settlers as had

intruded on their lands and in consequence had been removed by the

United States troops, such consent to be predicated on the theory that

the Cherokees were willing to treat for the sale to the United States

of the lands upon which these people had settled. They were directed to

renew the unsuccessful effort made by Governor Blount in 1791 to secure

the consent of the Cherokees that the boundary should begin at the

mouth of Duck River and run up the middle of that stream to its source

and thence by a line drawn to the mouth of Clinch River. The following

alternative boundary propositions were directed to be submitted for the

consideration of the Indians, in their numerical order, viz:

1. A line (represented on an accompanying map by a red dotted line)

from a point on the ridge dividing the waters of the Cumberland from

the Tennessee River, in a southwest direction, until it should strike

the mouth of Duck River; thence from the mouth to the main source of

the river; thence by a line over the highest ridges of the Cumberland

Mountains to the mouth of Clinch River; thence down the middle of the

Tennessee River till it struck the divisional line under the treaties

of 1791 and 1794; thence along said line to its crossing of the Cunchee

Creek running into Tuckasegee; thence to the Great Iron Mountains;

thence a southeasterly course to where the most southerly branch of

Little River crossed the divisional line to Tugaloo River.

2. A line (represented on said map by a double red line) beginning at

the point 40 miles above Nashville, as ascertained by the commissioners

(and laid down on said map); thence due east till it struck the dotted

line on Cumberland Mountains; along said mountains to the junction of

Clinch and Tennessee Rivers; and down the Tennessee to the extent of

the boundary described in the first proposition.

3. A line (dotted blue) beginning at a point 56 miles from the point 40

miles above Nashville, on the northeast divisional line, being 1-1/2

miles south of the road called Walton's or Caney Fork road; thence on

a course at the same distance from the said road to where it crosses

Clinch River; thence resuming the remaining boundary as described in

the first proposition.

4. A line (being a double blue line on the map) beginning at a point

one mile south of the junction of the Clinch and Tennessee Rivers;

thence westerly along the course of the road 1-1/2 miles south thereof

until it entered into Cumberland Mountains; thence a northeasterly

course along the ridges of said mountains on the west of Powell's

Valley and River to the source of the river next above Clear Fork, and

thence down the middle of the same to the northeast divisional line;

the Tennessee River and the further line thence, as described in the

first proposition, to be the remaining boundary.

In case the Indians should accept the first proposition and cede the

tract therein described, or a greater quantity, the commissioners were

to solemnly guarantee the Cherokees the remainder of their country and

agree to their payment by the United States of either an annuity of

$4,000, or to deliver them, on the signing of the treaty, goods to the

amount of $5,000 and the further sum of $20,000 in four equal annual

installments.

Refusing the first and accepting the second proposition, they were to

receive the same guarantee, and an annuity of $3,000, or $5,000 at once

in goods and $15,000 in three equal annual installments.

Refusing the first and second and accepting the third proposition, the

same guarantee was offered and an annuity of $2,000, or $5,000 in goods

on signing the treaty and $10,000 in two equal annual installments.

Accepting the fourth proposition, to the exclusion of the other three,

the same guarantee was to be given, together with an annuity of $1,000,

or $5,000 in goods on signing the treaty and the same amount during the

year 1799.

It was also represented by the Secretary of War that the arts and

practices used to obtain Indian land in defiance of treaties and the

laws, at the risk of involving the whole country in war, had become

so daring, and received such countenance from persons of prominent

influence, as to render it necessary that the means to countervail

them should be augmented. To this end, as well as to more effectually

secure to the United States the advantages of the land which should be

obtained by the treaty, the commissioners were instructed to secure the

insertion into the treaty of provisions of the following import:

1. That the new line should be run and marked by two commissioners, one

of whom should be appointed by the treaty commissioners and the other

by the Indians. They should proceed immediately upon the signing of

the treaty to the execution of that duty, upon the completion of which

three maps thereof should be prepared, one for the use of the Secretary

of War, one for the executive of the State of Tennessee, and one for

the Cherokees.

2. That the Cherokees should at all times permit the President of the

United States to employ military force within their boundaries for

the arrest and removal of all persons seeking to make unauthorized

negotiations with or to incite their hostility toward the United States

or any of its citizens, or toward any foreign nation or Indian nation

or tribe within the limits and under the protection of the United

States; also, of all persons who should settle on or who should attempt

to reside in the Indian country without the written permission of the

President.

3. That the treaty should not be construed either to affect the right

or title of any ejected settler upon the Indian lands to the tract

theretofore occupied by him or in any manner to enlarge his right or

claim thereto; and that all Indian land purchased by the contemplated

treaty, which had not been actually occupied as aforesaid, should

remain subject to the operation of all the provisions of the proposed

as well as any former treaty and of the laws of the United States

relative to Indian country, until such time as said lands should be

sold by and under the authority of the United States. This provision

was intended to prevent any further intrusion on any part of the land

ceded by the State of North Carolina to the United States; as also

upon the land set apart to the Cherokee Indians by the State of North

Carolina, by act of her legislature, passed May 17, 1783, described as

follows, viz: "Beginning on the Tennessee, where the southern boundary

of this State intersects the same, nearest to the Chicamauga towns;

thence up the middle of the Tennessee and Holston to the middle of

French Broad; thence up the middle of French Broad River (which lines

are not to include any island or islands in the said river) to the

mouth of Big Pigeon River; thence up the same to the head thereof;

thence along the dividing ridge, between the waters of Pigeon River and

Tuckasege River, to the southern boundary of this State."

4. The United States should have the right to establish such military

posts and garrisons within the Indian limits for their protection as

should be deemed proper. In case it should be found impracticable to

obtain Duck River or a line that should include within it the road

leading from Southwest Point to Cumberland River for a boundary, the

commissioners were to stipulate for certain parcels of land lying on

such road at convenient distances from each other for the establishment

of houses of entertainment for travelers. Also in case the cession

obtained should not include both sides of the ferry on Clinch River, to

secure a limitation upon the rates of toll that should be charged by

the occupant.

The commissioners repaired to Knoxville, where they ascertained it to

be the desire of the Indians that the treaty negotiations should be

held at Oostenaula, the Cherokee capital.

To this the commissioners objected, but agreed to meet the Indians

at Chota, which they concluded to change to Tuckasege, and, finally,

before the date fixed for the meeting, June 25, again changed it to

Tellico, where the conference was held.[112]

_Tennessee commissioners attend the council._--In the mean time[113]

Governor Sevier of Tennessee designated General Robertson, James

Stuart, and Lachlan McIntosh as agents to represent the interests of

that State at the treaty, and gave them minute instructions covering

the following points,[114] viz:

1. To obtain as wide an extinguishment of the Cherokee claim north of

the Tennessee River as possible.

2. An unimpeded communication of Holston and Clinch Rivers with the

Tennessee and the surrender of the west bank of the Clinch opposite

South-West Point.

3. To secure from future molestation the settlements as far as they had

progressed on the northern and western borders of the State and the

connection of Hamilton and Mero districts, then separated by a space of

unextinguished hunting ground 80 miles wide.

4. To examine into the nature and validity of the claim recently set

up by the Cherokees to lands north of the Tennessee River; whether it

rested upon original right or was derived from treaties; or was founded

only upon temporary use or occupancy.

The council opened early in July. The "Bloody Fellow," a Cherokee

chief, at the outset delivered a paper which he stated to contain their

final resolutions, and which covered a peremptory refusal to sell

any land or to permit the ejected settlers to return to their homes.

After seeking in vain to shake this determination of the Cherokees,

further negotiations were postponed until the ensuing fall, and the

commissioners departed.

On the 27th of August, the Secretary of War addressed some additional

instructions upon the subject to George Walton and Lieut. Col. Thomas

Butler as commissioners (John Steele having resigned and Alfred Moore

having returned to his home in North Carolina), authorizing them to

renew the negotiations. The original instructions were to form the

basis of these negotiations, but if it should be found impracticable to

induce the Indians to accede to either of the first three propositions,

an abandonment of them was to take place, and resort was to be had to

the fourth proposition, which might be altered in any manner as to

boundaries calculated to secure the most advantageous results to the

United States.[115] The council was resumed at Tellico on the 20th of

September, but it was found, during the progress thereof, that there

was no possibility of effecting the primary objects of the State agents

of Tennessee. General Robertson failed to attend. General White (who

had been appointed in the place of Stuart) was there, but Mr. McIntosh

resigned and Governor Sevier himself attended in person.

The treaty was finally concluded on the 2d of October, by which a

cession was secured covering most of the territory contemplated by the

fourth proposition, with something additional. It included most if not

all the lands from which settlers had been ejected by the United States

troops, and they were permitted to return to their homes.

The road privilege sought to be obtained between East and Middle

Tennessee was also realized, except as to the establishment of houses

of entertainment for travelers.[116]

President Adams transmitted the treaty to the Senate,[117] and that

body advised and consented to its ratification.

_Boundary lines surveyed._--In fulfillment of the provisions of the

fifth article of the treaty concerning the survey of boundary lines,

the President appointed Captain Butler as a commissioner to run that

portion of the line described as extending from Great Iron Mountain in

a southeasterly direction to the point where the most southerly branch

of Little River crossed the divisional line to Tugaloo River, which

trust he executed in the summer of 1799.[118] Owing to the unfortunate

destruction of official records by fire, in the year 1800, it is

impossible to ascertain all the details concerning this survey, but it

was executed on the theory that the "Little River" named in the treaty

was one of the northernmost branches of Keowee River.

This survey seems not to have been accepted by the War Department, for

on the 3d of June, 1802, instructions were issued by the Secretary of

War to Return J. Meigs, as a commissioner, to superintend the execution

of the survey of this same portion of the boundary. Mr. Thomas Freeman

was appointed surveyor.[119]

From the letter of Commissioner Meigs, transmitting the plat and field

notes of survey,[120] it appears that much difference of opinion had

existed as to what stream was meant by the "Little River" named in the

treaty, there being three streams of that name in that vicinity. Two of

these were branches of the French Broad and the other of Keowee River.

If the line should be run to the lower one of these two branches of the

French Broad, it would leave more than one hundred families of white

settlers within the Indian territory. If it were run to the branch of

Keowee River, it would leave ten or twelve Indian villages within the

State of North Carolina.

It was therefore determined by Commissioner Meigs to accept the upper

branch of French Broad as the true intent and meaning of the treaty,

and the line was run accordingly, whereby not a single white settlement

was cut off or intersected, and but five Indian families were left on

the Carolina side of the line.[121]

_Status of certain territory._--In this connection it is pertinent

to remark that the State of North Carolina claimed for her southern

boundary the thirty-fifth degree of north latitude.

The line of this parallel was, however, at that time supposed to run

about 12 miles to the north of what was subsequently ascertained to be

its true location.

Between this supposed line of 35° north latitude and the northernmost

boundary of Georgia, as settled upon by a convention between that State

and South Carolina in 1787, there intervened a tract of country of

about 12 miles in width, from north to south, and extending from east

to west, from the top of the main ridge of mountains which divides

the eastern from the western waters to the Mississippi River. This

tract remained, as was supposed, within the chartered limits of South

Carolina, and in the year 1787 was ceded by that State to the United

States, subject to the Indian right of occupancy. When the Indian title

to the country therein described was ceded to the United States by the

treaty of 1798 with the Cherokees, the eastern portion of this 12-mile

tract fell within the limits of such cession.

On its eastern extremity near the head-waters of the French Broad

River, immediately at the foot of the main Blue Ridge Mountains, had

been located, for a number of years prior to the treaty, a settlement

of about fifty families of whites, who by its ratification became

occupants of the public domain of the United States, but who were

outside the territorial jurisdiction of any State. These settlers

petitioned Congress to retrocede the tract of country upon which

they resided to South Carolina, in order that they might be brought

within the protection of the laws of that State.[122] A resolution

was reported in the House of Representatives, from the committee to

whom the subject had been referred, favoring such a course,[123] but

Congress took no effective action on the subject, and when the State

boundaries came to be finally adjusted in that region the tract in

question was found to be within the limits of North Carolina.

_Yellow Creek settlement._--After that portion of the boundary of the

country ceded by the treaty of 1798 which extended along the foot of

Cumberland Mountain until it intersected "Campbell's Line" had been

surveyed, complaint was made by certain settlers on Yellow Creek that

by the action of the surveyors in not prolonging the line to its true

point of termination, their homes had been left within the Indian

country.

Thereupon the Secretary of War instructed Agent Meigs[124] to go in

person and examine the line as surveyed with a view to ascertaining the

truth concerning the complaints.

It was ascertained that the "point" of Campbell's Line was not on

Cumberland Mountain proper, but on the ridge immediately east thereof,

known as Poor Valley Ridge. This ridge is nearly as lofty as the

main range, and Colonel Campbell, in approaching it from the east,

had mistaken it for that range and established his terminal point

accordingly. The surveyors under the treaty of 1798, assuming the

correctness of Colonel Campbell's survey, had made the line of their

survey close thereon. By such action the Indian boundary in that

locality was extended 332 poles further to the east than would have

been the case had the true reading of the treaty been followed.

A number of families of settlers on Yellow Creek, together with a tract

of about 2,500 acres of land, were thus unfortunately left within the

Indian country. All efforts of Agent Meigs to secure a relinquishment

of this strip of territory from the Indians were, however,

ineffectual.[125]

[Footnote 105: United States Statutes at Large, Vol. I, p. 496.]

[Footnote 106: United States Statutes at Large, Vol. VII, p. 62.]

[Footnote 107: This address and remonstrance will be found in full in

American State Papers, Indian Affairs, Vol. I, page 625.]

[Footnote 108: December 20, 1797.]

[Footnote 109: American State Papers, Indian Affairs, Vol. I, p. 629.]

[Footnote 110: American State Papers, Indian Affairs, Vol. I, p. 631.]

[Footnote 111: These instructions were dated March 2, 1798. See

American State Papers, Indian Affairs, Vol. I, p. 639]

[Footnote 112: Ramsey's Annals of Tennessee, pp. 693, 695.]

[Footnote 113: June 20, 1798.]

[Footnote 114: Ramsey's Annals of Tennessee, pp. 693, 695.]

[Footnote 115: American State Papers, Indian Affairs, Vol. I, p. 640.]

[Footnote 116: By act of September 27, 1794, the legislature of the

territory southwest of the Ohio authorized the raising of a fund for

cutting and clearing a wagon road from Southwest Point to Bledsoe's

Lick on the Cumberland. The funds for this purpose were to be raised

by a lottery managed by Cols. James White, James Winchester, Stockley

Donelson, David Campbell, William Cocke, and Robert Hayes. The Indians

not having granted the necessary right of way, its construction was

necessarily postponed, but subsequently, by act of the legislature

of Tennessee passed November 14, 1801, the Cumberland Road Company

was incorporated and required to cut and clear a road from the Indian

boundary on the east side of Cumberland Mountain to the fork of the

roads leading to Fort Blount and Walton's Ferry.]

[Footnote 117: January 15, 1799.]

[Footnote 118: See letter of General Pickens to Representative Nott, of

South Carolina, January 1, 1800. American State Papers, Public Lands,

Vol. I, p. 103.]

[Footnote 119: Letter of Secretary of War to Return J. Meigs, in Indian

Office records.]

[Footnote 120: Dated October 20, 1802.]

[Footnote 121: Commissioner Meigs mentions that the accompanying plat

and field notes of Mr. Freeman, the surveyor, will give more abundant

details regarding this survey. After a careful search, however, no

trace has been found among the Indian Office records and files of

the plat and field notes in question. There is much difficulty in

ascertaining the exact point of departure of "Meigs Line" from Great

Iron Mountains. In the report of the Tennessee and North Carolina

boundary commissioners in 1821 it is stated to be 31-1/2 miles by the

course of the mountain ridge in a general southwesterly course from

the crossing of Cataluche Turnpike; 9-1/2 miles in a similar direction

from Porter's Gap; 21-1/2 miles in a northeasterly direction from the

crossing of Equovetley Path, and 33-1/2 miles in a like course from the

crossing of Tennessee River. All of these courses and distances follow

the crest of the Great Iron Mountains. It is stated to the author, by

General R. N. Hood, of Knoxville, Tenn., that there is a tradition that

"Meigs Post" was found some years since about 1-1/2 miles southwest of

Indian Gap. A map of the survey of Qualla Boundary, by M. S. Temple, in

1876, shows a portion of the continuation of "Meigs Line" as passing

about 1-1/2 miles east of Quallatown. Surveyor Temple mentions it as

running "S. 50° E. (formerly S. 52-1/2° E.")]

[Footnote 122: See memorial of Matthew Patterson and others, dated

"French Broad, 8th January, 1800," printed in American State Papers,

Public Lands, Vol. I, p. 104.]

[Footnote 123: This resolution was reported by Mr. Harper, from the

committee to whom it was referred, to the House of Representatives,

April 7, 1800, and is printed in American State Papers, Public Lands,

Vol. I, p. 103.]

[Footnote 124: February 7, 1803. See Indian Office records.]

[Footnote 125: See report of Agent Return J. Meigs to the Secretary of

War, May 5, 1803, on file in the Office of Indian Affairs.]

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