In order to secure a proper system of communication between the
Tennessee and the Lower Alabama and Mississippi settlements, the United
States had long desired the establishment of sufficient roads through
the Indian country between those points. The Indians, however, were
shrewd enough to perceive that the granting of such a permission would
be but an entering wedge for splitting their country in twain, and
afford excuse for the encroachments of white settlers.
The establishment of new thoroughfares had therefore been regarded with
extreme jealousy and had never been yielded to by them except after a
persistency of urging that bordered on force.
In the spring of 1811[215] Agent Meigs was advised by the Secretary
of War of the expediency of having a road opened without delay from
the Tennessee to the Tombigbee, and also one from Tellico. Both these
propositions would require the consent of the Creeks, and for the
purpose of securing the most advantageous routes it was contemplated
that Captain Gaines should make a journey of exploration and survey
of the country between the Alabama and Coosa Rivers on the south and
Tennessee and Hiwassee Rivers on the north. The fruition of these plans
was also postponed on account of the ensuing war with the Creeks, and
the subject was not again broached until after their subjugation.
In the spring of 1814 the legislature of Tennessee transmitted two
memorials to Congress on the subject, and, by direction of the
Secretary of War, Agent Meigs was again instructed[216] to ascertain
the bent of the Indian mind in relation thereto. The result was the
conclusion, with the approval of the President, of two agreements
between the Cherokees and the agents of certain road companies for
the opening of two roads through the country of the latter from
Tennessee to Georgia. But when the treaty of March 22, 1816, came to
be negotiated at Washington, the United States authorities, after much
persuasion, procured the insertion therein of an article conceding to
the United States a practically free and unrestrained permission for
the construction of any and all roads through the Cherokee country
necessary to convenient intercourse between the northern and southern
settlements.
[Footnote 172: Two treaties appear of the same date and negotiated by
the same parties. It is to be noted that the first controls a cession
to the State of South Carolina and the second defines certain other
concessions to the United States.]
[Footnote 173: United States Statutes at Large, Vol. VII, p. 139.]
[Footnote 174: United States Statutes at Large, Vol. VII, pp. 138 and
139.]
[Footnote 175: February 28, 1807.]
[Footnote 176: December 2, 1807. See American State Papers, Indian
Affairs, Vol. I, p. 753.]
[Footnote 177: Letter of Return J. Meigs to Secretary of War, December
3, 1807.]
[Footnote 178: March 10, 1808. See American State Papers, Indian
Affairs, Vol. I, p. 752.]
[Footnote 179: January 10, 1812.]
[Footnote 180: In March, 1812.]
[Footnote 181: May 14, 1812.]
[Footnote 182: March 24, 1814.]
[Footnote 183: February 3, 1815.]
[Footnote 184: A full history of Colonel Earle's attempt to secure a
site for the erection of iron works will be found among the records and
files of the Office of Indian Affairs.]
[Footnote 185: United States Statutes at Large, Vol. II, p. 381. See
also amendment to this act by act of February 18, 1841, United States
Statutes at Large, Vol. V, p. 412.]
[Footnote 186: Scott's Laws of North Carolina and Tennessee.]
[Footnote 187: March 26, 1808.]
[Footnote 188: See report of General Knox, Secretary of War, to
President Washington, July 7, 1789; Creek treaty of 1790; Cherokee
treaty of 1791, etc.]
[Footnote 189: Confidential message of President Jefferson to Congress,
January 18, 1803.]
[Footnote 190: March 25.]
[Footnote 191: See letter of Secretary of War to Col. R. J. Meigs, May
5, 1808.]
[Footnote 192: May 5, 1808.]
[Footnote 193: January 9, 1809]
[Footnote 194: Letter of Secretary of War to Col. R. J. Meigs, November
1, 1809.]
[Footnote 195: March 27, 1811.]
[Footnote 196: Indian Office files.]
[Footnote 197: March 28, 1811.]
[Footnote 198: December 26.]
[Footnote 199: November 22, 1815.]
[Footnote 200: United States Statutes at Large, Vol. VII, p. 138.]
[Footnote 201: March 26, 1816.]
[Footnote 202: May 8, 1811.]
[Footnote 203: United States Statutes at Large, Vol. VII, p. 120.]
[Footnote 204: Letter of Secretary of War to Agent Meigs, November 22,
1815.]
[Footnote 205: March, 1816.]
[Footnote 206: United States Statutes at Large, Vol. VII, p. 139.]
[Footnote 207: Letter from General Jackson to Secretary of War, June
10, 1816.]
[Footnote 208: Letter from Secretary of War to United States Senators
from Tennessee, April 4, 1816.]
[Footnote 209: See letter of Secretary of War to Barnett, Hawkins, and
Gaines, April 16, 1816.]
[Footnote 210: April 16, 1816. These boundary commissioners were
William Barnett, Col. Benjamin Hawkins, and Maj. E. P. Gaines.]
[Footnote 211: Letter of General Jackson to Secretary of War, June 10,
1816; also from Commissioner Barnett, June 7, 1816.]
[Footnote 212: Old map on file in General Land Office.]
[Footnote 213: June 7, 1816.]
[Footnote 214: From a letter of Agent Meigs bearing date December 26,
1804, it seems that he was just in receipt of a communication from the
Chickasaw chiefs relative to their claim to lands on the north side of
Tennessee River. The chiefs assert that part of their people formerly
lived at a place called Chickasaw Old Fields, on the Tennessee,
about 20 miles above the mouth of Elk River; that while living there
they had a war with the Cherokees, when, finding themselves too much
separated from their principal settlements, they removed back thereto.
Afterwards, on making peace with the Cherokees, their boundaries were
agreed on as they are defined in the instrument given them by President
Washington in 1794.
They further state that they had a war with the Shawnees and drove
them from all the waters of the Tennessee and Duck Rivers, as well
as conflicts with the Cherokees, Choctaws, and Creeks, in which they
defeated all attempts of their enemies to dispossess them of their
country.
Agent Meigs remarks that he is convinced the claim of the Chickasaws
is the best founded; that until recently the Cherokees had always
alluded to the country in controversy as the hunting ground of the four
nations, and that their few settlements within this region were of
recent date.]