CONTROVERSY CONCERNING "DOUBLEHEAD" TRACT.

Colonel Martin, who was employed by Commissioner Meigs, also surveyed

under the latter's direction during the same month the four small

reserved tracts described in the treaty of October 25, 1805.[155] One

of these afterwards produced much controversy. The language of the

treaty called for three square miles on the north bank of Tennessee

River, _opposite to and below_ the mouth of Hiwassee River. Colonel

Meigs, who was one of the commissioners who negotiated the treaty and

was therefore entirely familiar with its intent, caused this tract to

be surveyed adjoining the main line of cession, extending from Duck

River to the mouth of Hiwassee and north of that line, which placed

the tract opposite to and _above_ the mouth of Hiwassee, instead of

"opposite to and below" the mouth of that river.[156]

As above stated, while this reserve was ostensibly for the location of

a military post and factory or trading establishment, it was really

intended for the Cherokee chief Doublehead and other influential

persons, as the price of their influence in securing from the Cherokees

the extensive cession of land granted by the treaty.

This was sought to be secured by means of a secret article attached

to the treaty. This article was reported to the War Department by the

treaty commissioners[157] and made a matter of record, but it was

never sent to the State Department nor to the Senate for the advice

and consent of that body. After Agent Meigs had erected the Hiwassee

garrison buildings on the tract, suit was brought in 1809 by Colonel

McLung against the agent for the recovery of the land and mesne

profits, basing his claim to title upon a grant from the State of

North Carolina, of date long prior to the treaty of 1805. The suit was

decided in the plaintiff's favor by the Tennessee courts. Subsequently,

in 1838, John Riley made application to the Government for compensation

for the loss of his one-third interest in this tract. The question

was submitted to the Attorney-General of the United States for his

opinion. He decided that the secret article, not having been submitted

to the Senate for approval, was not to be considered as any part of the

treaty; but that, if the commissioners had any authority for making

such an agreement, the defective execution of their powers ought not to

prejudice parties acting in good faith and relying on their authority;

nevertheless, no relief could be had except through the action of

Congress.

This secret article was also applicable to the small tract at and

below the mouth of Clinch River, to the 1 mile square at the foot of

Cumberland Mountain, and to the 1 mile square on the north bank of the

Tennessee River, where Cherokee Talootiske lived. The first mentioned

tract was also intended for the benefit of Doublehead, who leased

it February 19, 1806, to Thomas H. Clark for twenty years. Before

the expiration of the lease Doublehead was killed by some of his own

people. December 10, 1820, the State of Tennessee assumed to grant the

tract to Clark.[158]

The other two tracts alluded to of one square mile each were intended

for Cherokee Talootiske. May 31, 1808, Talootiske perpetually leased

his interest in the Cumberland Mountain tract to Thomas H. Clark.

September 17, 1816, Clark purchased the interest of Robert Bell in the

same tract, the latter deriving his alleged title under a grant from

North Carolina to A. McCoy in July, 1793. This tract was also included

in a grant from North Carolina to J. W. Lackey and Starkey Donaldson,

dated January 4, 1795. The tract on Tennessee River, Talootiske sold to

Robert King, whose assigns also claimed the title under the aforesaid

grant from North Carolina to Lackey and Donaldson.[158]

From the phraseology of the treaty in making these several

reservations, it was concluded advisable in subsequent negotiations to

secure a relinquishment of the tribal title thereto, which was done by

the treaty of July 18, 1817.

[Footnote 151: United States Statutes at Large, Vol. VII, p. 95.]

[Footnote 152: November 2, 1805. See letter of transmittal of Return J.

Meigs and Daniel Smith.]

[Footnote 153: United States Statutes at Large, Vol. VII, pp. 93 and

95.]

[Footnote 154: January 10, 1806.]

[Footnote 155: See field notes of Colonel Martin on file in office of

Indian Affairs.]

[Footnote 156: Letter of R. J. Meigs to Secretary of War, March 4,

1811.]

[Footnote 157: Letter of Meigs and Smith to Secretary of War, January

10, 1806.]

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