CONTROVERSY CONCERNING BOUNDARIES.

Shortly after the conclusion of the treaties of October 25 and 27,

1805, a delegation of Cherokee chiefs and headmen visited Washington.

Messrs. Return J. Meigs and Daniel Smith, the commissioners who had

negotiated those treaties, accompanied them.

The Secretary of War, Hon. Henry Dearborn, was specially deputized by

the President to conduct negotiations with them for the purchase of

such portions of their country as they might feel willing to sell, but

more especially to extinguish their claim to the region of territory

lying to the north and east of Tennessee River and west of the head

waters of Duck River.

The negotiations were concluded and the treaty was signed on the 7th

of January, 1806,[161] and the President transmitted the same to the

Senate on the 24th of the same month; but that body did not consent to

its ratification for more than a year afterwards.[162]

At the time of the conclusion of this treaty, it was supposed by all

the parties thereto that the eastern limit of the cession therein

defined would include all of the waters of Elk River, the impression

being that the headwaters of Duck River had their source farther to the

east than those of the Elk.[163]

The region of country in question had for many years been claimed by

both the Cherokees and the Chickasaws, and the Government of the United

States, not desiring to incur the animosity of either of these Indian

nations, had preferred rather to extinguish by purchase the claim of

each. With this end in view, a treaty had already been concluded with

the Chickasaws, under date of July 23, 1805,[164] resulting in their

relinquishment of all claim to the land north of Duck River lying

east of the Tennessee and to a tract lying between Duck and Tennessee

Rivers, on the north and south, and east of the Columbian Highway, so

as to include all the waters of Elk River. It had been the intention

that the eastern boundary of the cession made by both these nations

should be coincident from the head of Chickasaw Island northward,

but when the country came to be examined with a view to running the

line, it was found that a strict adherence to the test of the Cherokee

cession would leave about two hundred families of settlers on the

headwaters of Elk River still within the Indian country.[165] In the

mean time the Chickasaws, having learned that the United States had

purchased of the Cherokees their supposed claim to the territory as

far west as the Tennessee River, including a large region of country

to the westward of the limits of the cession of 1805 by the former,

construed that fact as a recognition of the sole and absolute title of

the Cherokees thereto, and became in consequence very much excited and

angered. They were only pacified by an official letter of assurance

from the Secretary of War, addressed to Maj. George Colbert, their

principal chief,[166] wherein he stated that in purchasing the Cherokee

right to the tract in question the United States did not intend to

destroy or impair the right of the Chickasaw Nation to the same; but

that, being persuaded no actual boundary had ever been agreed on

between the Chickasaws and Cherokees and that the Cherokees had some

claim to a portion of the lands, it was thought advisable to purchase

that claim, so that whenever the Chickasaws should be disposed to

convey their title there should be no dispute with the Cherokees about

it.

The Cherokees by this treaty also relinquished all claim they might

have to the Long Island or Great Island, as it was sometimes called,

of Holston River. This island was in reality outside the limits of the

country assigned the Cherokees by the first treaty between them and

the United States, at Hopewell, in 1785, but they had always since

maintained that no cession had ever been made of it by them, and

it was deemed wise to insert a specific clause in the treaty under

consideration to that effect.[167]

_Boundaries to be surveyed._--Early in 1807[168] the Secretary of War

notified Agent Meigs that Mr. Thomas Freeman had been appointed to

survey and mark the boundary line conformably to both the treaty of

1805 with the Chickasaws and of 1806 with the Cherokees, as well as

to survey the land ceded between the south line of Tennessee and the

Tennessee River, lying west of the line from about the Chickasaw Old

Fields to the most eastern source of Duck River. He was also advised

that General Robertson and himself had been designated to attend and

superintend the running of such boundary lines. Furthermore, that it

was desirable that the eastern line of both cessions should be one

and the same, for although by the Chickasaw treaty the whole waters

of Elk River were included, it was evident their claim to any lands

east of the line agreed upon by the Cherokees was more than doubtful;

that, therefore, the United States ought not to insist on such a

line as would go to the eastward of the one defined in the Cherokee

treaty, unless the latter could be prevailed upon to extend the same,

in which event they were authorized to offer the Cherokees a moderate

compensation therefor.

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 78 / 266 题