Notwithstanding the recent and oft-repeated refusals of the Cherokees
to part with more land, a new commission, consisting of Return J. Meigs
and Daniel Smith, was appointed and instructed[139] by the Secretary
of War to negotiate a treaty for the cession of lands in Kentucky,
Tennessee, or Georgia, and particularly of the tract near the Currahee
Mountain, including the Wafford settlement.
They were authorized to pay for the first cession a sum not exceeding
$14,000, coupled with an annuity of $3,000, and for the "Wafford tract"
not exceeding $5,000, together with an annuity of $1,000, and were
directed to give "Vann," a Cherokee chief, $200 or $300 to secure his
influence in favor of the proposed purchase.
_Purchase of Wafford settlement tract._--In pursuance of these
instructions a conference was held with the Cherokees at Tellico,
Tenn.,[140] at which they concluded the arrangements for the cession of
the Wafford tract, but failed in their further objects. The treaty was
signed on the 24th of October, and transmitted to the Secretary of War
a week later,[141] two persons having been appointed to designate and
run the lines of the ceded tract, which was found to be 23 miles and
64 chains in length and 4 miles in width.[142]
_Singular disappearance of treaty._--No action having been taken
looking toward the ratification of this treaty for several years
ensuing, Return J. Meigs, in the winter of 1811,[143] addressed a
letter to the Secretary of War calling attention to it, setting forth
the fact that its consideration had theretofore been postponed on
account of a misunderstanding in relation to the limits of the ceded
tract, but that the Cherokees had now of their own motion, and at their
own expense, had a survey made of 10 miles and 12 chains in length in
addition to the original survey, which would make the tract ceded 33
miles and 76 chains in length, and which would include the plantation
of every settler who could make the shadow of a claim to settlement
prior to the survey of the general boundary line run in 1797[144] by
Colonel Hawkins. He therefore concluded that there could be no reason
for further postponing the ratification of the treaty, and urged that
it be done without delay.
Notwithstanding this letter of Agent Meigs no further notice seems to
have been taken of the treaty, and it had been entirely lost sight
of until attention was again called to it by a Cherokee delegation
visiting Washington early in 1824, nearly twenty years after its
conclusion.[145]
After diligent search among the records of the War Department,
Secretary Calhoun reported[146] that no such treaty could be found and
no evidence that any such treaty had ever been concluded. Whereupon
the Cherokee delegation produced their duplicate copy of the treaty
together with other papers relating to it. The Secretary of War,
after receiving a reply[147] to a letter addressed by him to Colonel
McKee, of the House of Representatives (who was one of the subscribing
witnesses to the treaty), became satisfied of its authenticity, and
the President thereupon[148] transmitted the Cherokee duplicate to the
Senate, which body advised and consented to its ratification. It was
duly proclaimed by the President on the 17th of May, 1824.[149]
[Footnote 142: Commissioner Smith in his letter of October 31, 1804, to
the Secretary of War, states that two persons on the part of the United
States, to be accompanied by two Cherokee chiefs, had been designated
to run the boundaries of this cession. The propriety was then urged on
the Cherokees by the commissioners of making a cession of the lands
lying between East and West Tennessee. Several days were consumed in
urging this proposal, and a majority of the chiefs were probably in
favor of it, but Commissioner Smith remarks that a majority, unless it
amounts almost to unanimity, is not considered with them sufficient to
determine in matters of great interest, particularly in making cessions
of lands.]
[Footnote 126: United States Statutes at Large, Vol. VII, p. 228.]
[Footnote 127: United States Statutes at Large, Vol. I, p. 618.]
[Footnote 128: United States Statutes at Large, Vol. II, p. 82.]
[Footnote 129: The President's appointment of these commissioners bore
date of June 18, 1801.]
[Footnote 130: This interview occurred, as shown by the Indian Office
records, on the 30th of June, 1801, and was adjourned to meet again on
the 3d of July.]
[Footnote 131: July 3, 1801. See Indian Office records.]
[Footnote 132: July 16, 1801. See Indian Office records.]
[Footnote 133: July 17, 1801. See Indian Office records.]
[Footnote 134: June 10, 1802. See Indian Office records.]
[Footnote 135: February 19, 1803. See Indian Office records.]
[Footnote 136: May 30, 1803.]
[Footnote 137: "Vann" was a half-breed of considerable ability and
shrewdness, and was at this time perhaps the most influential chief
among the Cherokees. His home was on the route of the proposed Georgia
road, and when the road was constructed he opened a store and house
of entertainment for travelers, from which he derived a considerable
income.]
[Footnote 138: Letter of Secretary of War to governors of Georgia and
Tennessee, dated November 21, 1803.]
[Footnote 139: April 4, 1804.]
[Footnote 140: October 10, 1804. See letter of Daniel Smith to
Secretary of War, October 31, 1804.]
[Footnote 141: October 31, 1804.]
[Footnote 143: December 20, 1811.]
[Footnote 144: It is stated in a resolution of the Georgia legislature,
passed June 16, 1802, that this line was surveyed by Colonel Hawkins in
1798.]
[Footnote 145: The letter of the Cherokee delegation calling attention
to this matter is dated January 19, 1824.]
[Footnote 146: February 6, 1824.]
[Footnote 147: April 15, 1824.]
[Footnote 148: April 30,1824.]
[Footnote 149: United States Statutes at Large, Vol. VII, p. 228.]