Chapter IV: Front Matter (4)

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.]

TREATY CONCLUDED OCTOBER 24, 1804; PROCLAIMED MAY 17, 1824.[126]

_Held at "Tellico Block House," Tennessee, between Daniel
Smith and Return J. Meigs, commissioners on the part of the United
States, and the principal chiefs representing the Cherokee Nation._

MATERIAL PROVISIONS.

It is agreed and stipulated that--

1. The Cherokee Nation relinquish and cede to the United States a tract of land bounding southerly on the boundary line between the State of Georgia and the Cherokee Nation, beginning at a point on the said boundary line northeasterly of the most northeast plantation in the settlement known by the name of Wafford's Settlement, and running at right angles with the said boundary line 4 miles into the Cherokee land, thence at right angles southwesterly and parallel to the first mentioned boundary line so far as that a line to be run at right angles southerly to the said first mentioned boundary line shall include in this cession all the plantations in Wafford's Settlement, so called, as aforesaid.

2. In consideration of this cession the United States agree to pay the Cherokees $5,000, in goods or cash, upon the signing of the treaty, and an annuity of $1,000.

HISTORICAL DATA.

NEW TREATY AUTHORIZED BY CONGRESS.

Congress, under date of February 19, 1799,[127] appropriated $25,000 to defray the expense of negotiating a treaty or treaties with the Indians, and again, on the 13th of May, 1800,[128] appropriated $15,000 to defray the expense of holding a treaty or treaties with the Indian tribes southwest of the Ohio River, with the proviso that nothing in the act should be construed to admit an obligation on the part of the United States to extinguish for the benefit of any State or individual the Indian claim to any lands lying within the limits of the United States.

Pursuant to the authority conferred by these enactments, President Jefferson appointed[129] General James Wilkinson, Wm. R. Davie, and Benj. Hawkins as commissioners, and they were instructed by the Secretary of War to proceed to negotiate treaties with the Cherokees, Creeks, Choctaws, and Chickasaws.

_Objects of the treaty._--The objects sought to be attained with the Cherokees were to secure their consent, 1st. To cede to the United States all that portion of their territory lying to the northward of a direct line to be run from a point mentioned in treaty of October 2, 1798, on Tennessee River, 1 mile above its junction with the Clinch, to the point at or near the head of the West Fork of Stone's River, on the ridge dividing the waters of the Cumberland and Duck Rivers which is struck by a southwest line from the point where the Kentucky road crosses Cumberland River, as described in the treaty of Holston.

2. That the Tennessee River should be the boundary from its mouth to the mouth of Duck River; that Duck River should be the boundary thence to the mouth of Rock Creek; and that a direct line should be run for a continuation of the boundary from the mouth of Rock Creek to the point on the ridge that divides the waters of Cumberland from Duck River.

3. That a road should be opened from the boundary line to a circular tract on Tennessee River at the mouth of Bear River, reserved to the United States by treaty of 1786 with the Chickasaws. From this point the road should continue until it reached the Choctaw territory, where it was to connect with a road through the country of the latter to Natchez. The entire line of this road must be open to the free use of citizens of the United States.

4. In case the Indians should refuse to cede any of the lands designated, the commissioners were instructed to obtain, if possible, a cession of all the land lying northward of the road leading from Knoxville to the Nashville settlements, run conformably to the treaty of 1791. If they should be unwilling to grant this, then to ask for a strip of land from 1 to 5 miles in width, to include the said road in its whole extent across their lands. Whether success or failure should attend the first or second objects of their mission, the commissioners were to seek the consummation of the third proposition for a road to the Bear Creek reservation, which would otherwise be of no practical value to the United States.

If consent was obtained to the first three proposals or to the alternative marked 4th, an annuity of $1,000 was authorized and an immediate sum not exceeding $5,000 in cash or goods. If, as had been represented to the War Department, the Cherokees and Chickasaws both claimed the land on either side of Tennessee River for a considerable distance, the commissioners were instructed that they must obtain the assent of both tribes to the opening of the road.

Six days after the issuance of these instructions, a delegation of Cherokees, headed by Chief "Glass," arrived in Washington, and obtained an interview with the Secretary of War.[130] They represented that the promise had been made them, at the treaty of 1798, that they would never be asked to cede any more land. Now they learned that the United States was about to hold another treaty with them to secure further cessions. They also desired to know whether the United States or the settlers got the land theretofore ceded, and why they had not been furnished with the map showing the boundary lines by the treaty of 1798, as had been promised them. In his reply,[131] after seeing the President, the Secretary of War informed them that no desire existed to purchase any more land from them unless they were anxious to sell; that the map should be at once furnished them; that the States of Kentucky and Tennessee had been formed out of the lands already purchased from them, and the main object of the proposed treaty with their nation was to secure the right of way for roads through their country in order to maintain communication between detached white settlements.

The delegation strenuously objected to the proposed "Georgia" road and were informed that the matter would not be pressed, but that the road to Bear River and Natchez was a necessity.

As a result of the visit of this delegation, the instructions to Messrs. Wilkinson, Davie, and Hawkins were modified,[131] it being stated by the Secretary of War that he had been mistaken as to part of the line between the United States and the Cherokees. He therefore directed that the second object of their instructions should be suspended as regarded both the Cherokees and the Chickasaws. Commissioner Davie having declined his appointment, General Andrew Pickens was substituted in his stead.[132]

_Failure of negotiations._--It is only necessary to observe that the commissioners failed in the accomplishment of any of their designs with the Cherokees.

WAFFORD'S SETTLEMENT.

Prior to the survey and marking of the boundary line near Currahee Mountain in Georgia, provided for by the Cherokee treaty of 1785 and the Creek treaty of 1790, which survey did not occur until 1798, one Colonel Wafford, in company with sundry other persons, had formed a settlement in that vicinity, which proved to be within the limits of the Indian country.

Inasmuch as it was supposed these parties had ignorantly placed themselves within the Indian line and had made considerable and valuable improvements, the Government was indisposed to use harsh or forcible means for their ejection, but rather approved of the urgent appeals from Colonel Wafford and his neighbors to make an effort to secure the relinquishment from the Indians of a tract sufficient to embrace their settlement.

The Government had been laboring under the impression that these lands belonged to the Creeks, but the delegation of the Cherokees, headed by "The Glass," who visited Washington in the summer of 1801, claimed them as Cherokee territory, and asked for the removal of the settlers. Commissioners Wilkinson, Hawkins, and Pickens had been instructed[133] to negotiate with the Creeks for the purchase of this tract, but they having reported, upon examination, that the title was undoubtedly in the Cherokees, were directed[134] to report upon the expediency of applying to the Cherokees for a cession of the same.

Such an application having at this time been unfavorably received by the Cherokees, nothing further was done in the matter until the winter of 1803,[135] when the Secretary of War directed a conference to be held with them for the double purpose of securing a cession or a lease for seven years of the "Wafford Settlement" tract and the Indian consent to a right of way for a road through their country from Southwest Point or Tellico Factory to Athens, Ga., with the establishment of the necessary houses of entertainment for travelers along such route. For this latter concession he was authorized to offer them the sum of $500. The Cherokees having refused both these propositions, Agent Meigs was directed[136] to secure the granting of the road privilege, if possible, by offering Vann[137] and other men of influence among them a proper inducement to enlist their active co-operation in the matter. This latter method seems to have been effective, for later in the season[138] the Secretary of War transmitted to the governors of Georgia and Tennessee an extract from an agreement entered into with the Cherokees providing for an opening of the desired road, stating that, as the United States had no funds applicable to the laying out and construction of such a road, it would be proper for the legislatures of those States to make the necessary provision therefor.

The clamor for more land by the constant tide of immigration that was flowing into Kentucky, Tennessee, and Georgia from the North and East became more and more importunate. The desire to settle on Indian land was as potent and insatiable with the average border settler then as it is now.

FURTHER NEGOTIATIONS AUTHORIZED.

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.]

TREATY CONCLUDED OCTOBER 25, 1805; PROCLAIMED APRIL 24, 1806.[150]

_Held at Tellico, Tenn., between Return J. Meigs and, Daniel
Smith, commissioners on behalf of the United States, and certain
chiefs and headmen of the Cherokees, representing that nation._

MATERIAL PROVISIONS.

1. All former treaties providing for peace and prevention of crimes are continued in force.

2. The Cherokees cede to the United States all the land which they have heretofore claimed lying to the north of the following boundary line: Beginning at the mouth of Duck River; thence up the main stream of the same to the junction of the fork at the head of which Fort Nash stood, with the main south fork; thence a direct course to a point on the Tennessee River bank opposite the mouth of Hiwassa River. If the line from Hiwassa should leave out Field's settlement, it is to be marked around his improvement and then continued the straight course; thence up the middle of the Tennessee River (but leaving all the islands to the Cherokees) to the mouth of Clinch River; thence up the Clinch River to the former boundary line agreed upon with the said Cherokees, reserving at the same time to the use of the Cherokees a small tract lying at and below the mouth of Clinch River; from the mouth extending thence down the Tennessee River from the mouth of Clinch to a notable rock on the north bank of the Tennessee in view from Southwest Point; thence a course at right angles with the river to the Cumberland road; thence eastwardly along the same to the bank of Clinch River, so as to secure the ferry landing to the Cherokees up to the first hill and down the same to the mouth thereof, together with two other sections of one square mile each, one of which is at the foot of Cumberland Mountain, at and near the place where the turnpike gate now stands, the other on the north bank of the Tennessee River where the Cherokee Talootiske now lives. And whereas from the present cession made by the Cherokees, and other circumstances, the sites of the garrisons at Southwest Point and Tellico are become not the most convenient and suitable places for the accommodation of the said Indians, it may become expedient to remove the said garrisons and factory to some more suitable place; three other square miles are reserved for the particular disposal of the United States on the north bank of the Tennessee opposite to and below the mouth of Hiwassa.

3. In consideration of the foregoing cession the United States agree to pay $3,000 at once in merchandise, $11,000 in 90 days, and an annuity of $3,000.

4. The United States to have the use of two roads through the Cherokee country, one from the head of Stone's River to Georgia road, and the other from Franklin to the Tombigbee settlements, crossing the Tennessee River at Muscle Shoals.

5. Treaty to take effect upon ratification by the President by and with the advice and consent of the Senate.

[Footnote 150: United States Statutes at Large, Vol. VII, p. 93.]

TREATY CONCLUDED OCTOBER 27, 1805; PROCLAIMED JUNE 10, 1806.[151]

_Held at Tellico, Tenn., between Return J. Meigs and Daniel
Smith, commissioners on behalf of the United States, and certain
chiefs and headmen of the Cherokees, representing that nation._

MATERIAL PROVISIONS.

1. The Cherokees cede the section of land at Southwest Point, extending to Kingston, reserving the ferries and the first island in Tennessee River above the mouth of Clinch River.

2. The Cherokees consent to the free and unmolested use by the United States of the mail road from Tellico to Tombigbee so far as it passes through their country.

3. In consideration of the foregoing the United States agree to pay the Cherokees $1,600 within 90 days.

4. Treaty to be obligatory on ratification by the President by and with the advice and consent of the Senate.

HISTORICAL DATA RESPECTING BOTH TREATIES.

CONTINUED NEGOTIATIONS AUTHORIZED.

The commissioners (Return J. Meigs and Daniel Smith) who were appointed and instructed under date of April 4,1804, and who negotiated the treaty of October 24, 1804, with the Cherokees, it will be remembered, failed in the object of their instructions, except as to the single matter of securing the cession of a tract covering the settlement of Colonel Wafford and others near Currahee Mountain. They were, however, directed to continue their negotiations from time to time until the full measure of their original instructions should be secured.

_Treaties of October 25 and 27, 1805, considered together._--This course was pursued, and after several fruitless conferences the commissioners succeeded in concluding the treaties of October 25, 1805, and October 27, 1805. Inasmuch as these two treaties were negotiated by the same commissioners, acting under the same instructions and at the same conference, they will be considered together. The treaties were upon their conclusion transmitted to the Secretary of War,[152] and, upon submission to the Senate, that body duly advised and consented to their ratification. They were ratified and proclaimed by the President on the 24th of April and 10th of June, 1806, respectively.[153]

_Secret agreement with Doublehead._--Following the transmission of the treaties to the Secretary of War by the commissioners, the latter addressed[154] an explanatory communication to him, in which they set forth that by the terms of the treaty of October 25, 1805, there were reserved three square miles of land, "for the particular disposal of the United States, on the north bank of the Tennessee, opposite and below the mouth of Hiwassa." This reservation, they affirmed, was predicated ostensibly on the supposition that the garrison at Southwest Point and the United States factory at Tellico would be placed thereon during the pleasure of the United States, but that they had stipulated with "Doublehead," a Cherokee chief, that whenever the United States should find this land unnecessary for the purposes mentioned it was to revert to him (Doublehead), provided that he should retain one of the square miles to his own use, but should relinquish his right and claim to the other two sections in favor of John D. Chisholm and John Riley in equal shares.

_Purchase of site for State capital._--The cession by the treaty of October 27, 1805, of the section of land at Southwest Point was secured upon the theory that the State of Tennessee would find Kingston a convenient and desirable place for the establishment of the State capital. A subsequent change of circumstances and public sentiment, however, caused it to be located seven years later at Nashville.

_Boundaries surveyed._--On the 11th of July, 1806, the Secretary of War notified Return J. Meigs of his appointment as commissioner to superintend the running and marking of the line "from the junction of the fork at the head of which Fort Nash stood with the main south fork of Duck River to a point on the Tennessee River bank opposite the mouth of Hiwassee River." He was also to superintend the survey of the lines of the reserved tracts agreeably to the treaty of October 25, 1805.

He was directed to appoint a surveyor, but before running the line from Duck to Tennessee Rivers above described, to have him survey and mark the lines of the 3-mile tract reserved opposite to and below the mouth of Hiwassee, and also, when completed, to designate the most suitable site for the military post, factory, and agency, each site to be 300 feet square and 40 rods distant from the others.

Commissioner Meigs followed the letter of his instructions and caused the lines to be surveyed in accordance therewith. The line from Duck River to the mouth of Hiwassee was begun on the 9th and finished on the 26th of October, 1806. The point of departure at the west end of the boundary line was a red elm tree, trimmed and topped, standing on the extreme point of land formed by the confluence of that branch of Duck River at the head of which Fort Nash stood, with the main south fork of the river. The eastern terminus of the line was a mulberry tree on the north bank of Tennessee River opposite the mouth of Hiwassee River, 73 miles and 166 poles from the beginning.[155]

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.]

TREATY CONCLUDED JANUARY 7, 1806; PROCLAIMED MAY 23, 1807.[159]

_Held at Washington City, D. C., between Henry Dearborn,
Secretary of War, specially authorized thereto by the President of
the United States, and certain chiefs and headmen of the Cherokee
Nation, duly authorized and empowered by said nation._

MATERIAL PROVISIONS.

1. The Cherokees relinquish to the United States all claim to "all that tract of country which lies to the northward of the river Tennessee and westward of a line to be run from the upper part of Chickasaw Old Fields, at the upper point of an island called Chickasaw Island on said river, to the most easterly head-waters of that branch of said Tennessee River called Duck River, excepting the two following described tracts, viz: one tract bounded southerly on the said Tennessee River, at a place called the Muscle Shoals; westerly, by a creek called Te Kee, ta, no-eh, or Cyprus Creek, and easterly, by Chu, wa, lee, or Elk River or Creek, and northerly by a line to be drawn from a point on said Elk River, ten miles on a direct line from its mouth * * * to a point on the said Cyprus Creek, ten miles on a direct line from its junction with the Tennessee River. The other tract is to be two miles in width on the north side of Tennessee River, and to extend northerly from that river three miles, and bounded as follows, viz: Beginning at the mouth of Spring Creek and running up said creek three miles on a straight line; thence westerly two miles at right angles with the general course of said creek; thence southerly on a line parallel with the general course of said creek to the Tennessee River; thence up said river by its waters to the beginning, which first reserved tract is to be considered the common property of the Cherokees who now live on the same, including John D. Chesholm, Au, tow, we, and Cheh Chuh, and the other reserved tract, on which Moses Melton now lives, is to be considered the property of said Melton and of Charles Hicks, in equal shares. * * * Also relinquish * * * all right or claim * * * to the Long Island in Holston River."

2. The United States agree to pay, in consideration of the foregoing cession, $2,000 in money upon the ratification of the treaty; $8,000 in four equal annual installments; to erect a grist-mill within one year in the Cherokee country; to furnish a machine for cleaning cotton; and to pay the Cherokee chief, Black Fox, $100 annually during his life.

3. The United States agree to urge upon the Chickasaws to consent to the following boundary between that nation and the Cherokees south of Tennessee River, viz: Beginning at the mouth of Caney Creek near the lower part of Muscle Shoals, and run up said creek to its head, and in a direct line from thence to the Flat Stone, or Rock, the old corner boundary.

4. The United States agree that the claims of the Chickasaws to the two tracts reserved by article 1 of this treaty, on north side of the Tennessee River, shall be settled by the United States in such manner as will secure the title to the Cherokees.

[Footnote 158: See report of Commissioner Indian Affairs to Secretary of War, December 9, 1834.]

[Footnote 159: United States Statutes at Large, Vol. VII, p. 101.]

TREATY CONCLUDED SEPTEMBER 11, 1807; PROCLAIMED APRIL 22, 1808.[160]

_Held at upper end of Chickasaw Island, in Tennessee River,
between James Robertson and Return J. Meigs, acting under authority
of the Executive of the United States, and a delegation of Cherokee
chiefs representing said nation._

MATERIAL PROVISIONS.

This treaty is simply an elucidation of the first article of the treaty of January 7, 1806, and declares that the eastern limits of the tract ceded by the latter treaty "shall be bounded by a line so to be run from the upper end of the Chickasaw Old Fields, a little above the upper point of an island, called Chickasaw Island, as will most directly intersect the first waters of Elk River; thence carried to the great Cumberland Mountain, in which the waters of Elk River have their source; then along the margin of said mountain, until it shall intersect the lands heretofore ceded to the United States at the said Tennessee ridge."

In consideration of this concession, the United States agree to pay to the Cherokees $2,000 and to permit the latter to hunt upon the tract ceded until the increase of settlements renders it improper.

HISTORICAL DATA.

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.

EXPLANATORY TREATY NEGOTIATED.

This led, upon the assembly of the commissioners and surveyor at Chickasaw Old Fields, in the fall of 1807 (for the purpose of surveying and marking the boundary lines in question), to the negotiation of an explanatory treaty with certain of the Cherokee chiefs, on the 11th of September, 1807,[169] whereby it was agreed that the Cherokee cession line should be extended so far to the eastward as to include all the waters of Elk River and thereby be made coincident and uniform with the Chickasaw line.

_Secret article._--The ostensible consideration paid for this concession, as shown by the treaty, was $2,000; but it was secretly agreed that $1,000 and two rifles should be given to the chiefs with whom the treaty was negotiated.[170]

President Jefferson transmitted this latter treaty to the Senate on the 29th of March, 1808, and having received the consent of that body to its ratification, it was proclaimed by the President on the 22d of April following.

[Footnote 160: United States Statutes at Large, Vol. VII, p. 103.]

[Footnote 161: United States Statutes at Large, Vol. VII, p. 101.]

[Footnote 162: May, 1807.]

[Footnote 163: Message of President Jefferson to U. S. Senate, March 29, 1808, and letter of R. J. Meigs, September 28, 1807. American State Papers, Indian Affairs, Vol. I, p. 753.]

[Footnote 164: United States Statutes at Large, Vol. VII.]

[Footnote 165: President Jefferson to U.S. Senate, March 29, 1808. American State Papers, Indian Affairs, Vol. I, p. 753.]

[Footnote 166: February 21, 1806. Indian Office records.]

[Footnote 167: On the return home of the Cherokee delegation that visited Washington in 1801, "The Glass," a noted Cherokee chief, represented to his people that the Secretary of War had said, "One Joseph Martin has a claim on the Long Island of Holston River." This the Secretary of War denied, in a letter dated November 20, 1801, to Col. R.J. Meigs.]

[Footnote 168: April 1. Indian Office records.]

[Footnote 169: United States Statutes at Large, Vol. VII, p. 103.]

[Footnote 170: Letter of Return J. Meigs to Secretary of War, September 28, 1807, in which he says: "With respect to the chiefs who have transacted the business with us, they will have their hands full to satisfy the ignorant, the obstinate, and the cunning of some of their own people, for which they well deserve this _silent_ consideration."]

TREATY CONCLUDED MARCH 22, 1816; RATIFIED APRIL 8, 1816.[171]

_Held at Washington City, D. C., between George Graham,
specially authorized as commissioner therefor by the President of
the United States, and certain chiefs and headmen duly authorized
and empowered by the Cherokee Nation._

[Footnote 171: United States Statutes at Large, Vol. VII, p. 138.]

MATERIAL PROVISIONS.

1. The Cherokees cede to the State of South Carolina the following tract: Beginning on the east bank of Chattuga River, where the boundary line of the Cherokee Nation crosses the same, running thence with the said boundary line to a rock on the Blue Ridge, where the boundary line crosses the same, and which rock has been lately established as a corner to the States of North and South Carolina; running thence south sixty-eight and a quarter degrees west, twenty miles and thirty-two chains, to a rock on the Chattuga River at the thirty-fifth degree of north latitude, another corner of the boundaries agreed upon by the States of North and South Carolina; thence down and with the Chattuga to the beginning.

2. The United States promise that the State of South Carolina shall pay to the Cherokee Nation, in consideration of the above cession, $5,000, within ninety days after the ratification of the treaty by the President and Senate, provided the Cherokee Nation and the State of South Carolina shall also ratify the same.

TREATY CONCLUDED MARCH 22, 1816;[172] RATIFIED APRIL 8, 1816.[173]

_Held at Washington City, D. C., between George Graham,
specially authorized as commissioner therefor by the President of
the United States, and certain chiefs and headmen duly authorized
and empowered by the Cherokee Nation._

MATERIAL PROVISIONS.

1. The north boundary of the lands ceded by the Creek treaty of 1814, as between such cession and the Cherokees, is declared to extend from a point on the west bank of Coosa River opposite the lower end of the Ten Islands and above Fort Strother, in a direct line, to the Flat Rock or Stone on Bear Creek, a branch of the Tennessee, which line shall constitute the south boundary of the Cherokee country lying west of Coosa River and south of Tennessee River.

2. The Cherokees concede to the United States the right to lay off, open, and have the free use of all roads through their country north of said line necessary to convenient intercourse between the States of Tennessee, Georgia, and Mississippi Territory; also the free navigation of all rivers within the Cherokee territory. The Cherokees agree to establish and maintain on the aforementioned roads the necessary ferries and public houses.

3. In order to prevent future disputes concerning the boundary above recited, the Cherokees agree to appoint two commissioners to accompany the United States commissioners appointed to run said line.

4. When the United States appoint a commissioner to lay off a road as provided for above, the Cherokees shall also appoint one to accompany him, who will be paid by the United States.

5. The United States agree to reimburse individual Cherokees for losses sustained by them in consequence of the marching of militia and United States troops through their territory, amounting to $25,000.

HISTORICAL DATA.

Subsequent to the ratification of the treaty of September 11, 1807, with the Cherokees, no other treaty receiving the final sanction of the Senate and President was concluded with them until March 22, 1816;[174] but in the interval sundry negotiations and matters of official importance were conducted with them, which it will be proper to summarize.

COLONEL EARLE'S NEGOTIATIONS FOR THE PURCHASE OF IRON-ORE TRACT.

In the early part of the year 1807, Col. Elias Earle, of South Carolina, proposed to the Secretary of War the establishment of iron works, with suitable shops, in the Cherokee Nation, on substantially the following conditions, viz: That a suitable place should be looked out and selected where sufficient quantities of good iron ore could be found, in the vicinity of proper water privileges, for such an establishment; that the Indians should be induced to make a cession of a tract of land, not less than 6 miles square, which should embrace the ore bed and water privilege; that so much of the land so ceded as the President of the United States should deem proper should be conveyed to him (Earle), including the ore and water facilities, whereon he should be authorized to erect iron works, smith shops, and so forth. Earle, on his part, engaged to erect such iron works and shops as to enable him to furnish such quantities of iron and implements of husbandry as should be sufficient for the use of the various Indian tribes in that part of the country, including those on the west side of the Ohio and Mississippi Rivers; also to deliver annually to the order of the Government of the United States such quantities of iron and implements as should be needed for the Indian service, and on such reasonable terms as should be mutually agreed upon.

The Secretary of War referred the propositions of Colonel Earle to the President of the United States, who gave them his sanction, and accordingly Agent Meigs, of the Cherokees, was instructed[175] to endeavor to procure from the Cherokees such a cession as was proposed, so soon as Colonel Earle should have explored the country and selected a suitable place for the proposed establishment. Colonel Earle made the necessary explorations, and found a place at the mouth of Chickamauga Creek which seemed to meet the requirements of the case.

Thereupon Agent Meigs convened the Indians in council at Highwassee, Tennessee, at which Colonel Earle was present, and concluded a treaty[176] with them. By its terms, in consideration of the sum of $5,000 and 1,000 bushels of corn, the Cherokees ceded a tract of country 6 miles square at the mouth of Chickamauga Creek, on the south side of Tennessee River, to be laid off in square form so as to include the creek to the best advantage for such site. The treaty also contained a proviso that in case the ore supply should fail at this point, the United States should have full liberty to procure it within the Cherokee territory at the most suitable and convenient place. Twenty-five hundred dollars of the consideration was at once paid in cash to the Indians and 1,000 bushels of corn agreed to be delivered to them the following spring. Colonel Earle carried the treaty to Washington at the next session of Congress for ratification.[177]