The Narrative of the Cherokee Nation. Charles C. Royce

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The Narrative of the Cherokee Nation - Charles C. Royce


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to 3 miles. From the foregoing point they proceeded west 8' to a ridge dividing Pistol and Baker's Creeks; turned south 6' to the top of a knoll, having on the right the falling grounds of Gallagher's Creek. This knoll they called "Iron Hill." Continuing south 11', they crossed a small ridge and ascended a hill 4' SSW., crossing a path from Baker's Creek to the settlements on Holston. From here the ridge bore SSW. 1 mile, SW. by W. 1 mile, SSW. 3 miles, and thence NW., which would make it strike the Holston River near the mouth of that stream. This corresponded with the observations of the previous commissioners who had run the experimental line.

      This inspection convinced the commissioners that a considerable number of the white settlers were on the Indian land. The latter were quite anxious that some arrangement should be made for their accommodation in the coming conference with the Indians, but received no encouragement from the commissioners further than an assurance that they should be permitted to gather their crops of small grain and fruit before removal.

      Being asked by the commissioners why the line run by Mr. Campbell and his confrères was known by three names, "that of experience, of experiment, and the treaty line with the Indians," they answered that "it was not the treaty line, but a line run to see how the citizens could be covered, as they were then settled on the frontier; that they understood this to be the direction to the commissioners, and that they conformed to it and ran the line as we had noticed in viewing the lands between the two rivers." The settlers also said, "the law, as they were likely to be affected, had been incautiously worded. They understood from it that the line from Clinch to cross the Holston at the ridge would turn thence south to the South Carolina Indian boundary on the North Carolina line. We replied that this understanding of it was erroneous. There was no such course in the treaty, and they should never suppose that the Government would be capable of violating a solemn guarantee; that, although the expression was 'thence south,' yet it must be understood as meaning southeastwardly, to the point next called for, as the point is in that direction and far to the east; that the lands in question had moreover been expressly reserved by the State of North Carolina for the Indians, and the occupants had not, as some others had, even the plea of entry in the land office of that State."

      The law referred to above by the settlers and the commissioners was the act of Congress approved May 19, 1796, entitled "An act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers." This act recited the course of the Indian boundary as established by treaty with the various tribes extending from the mouth of Cuyahoga River along the line described in the treaty of 1795 at Greenville, to the Ohio River and down the same to the ridge dividing the Cumberland and Tennessee Rivers; thence, up and along said ridge and continuing according to the Cherokee treaty of 1791 to the river Clinch; "thence down said river to a point from which a line shall pass the Holston, at the ridge which divides the waters running into Little River from those running into the Tennessee; thence south to the North Carolina boundary," etc.

      Owing to fears for their personal safety caused by the hostile tone of the settlers toward them, it was not until the 25th of April that a representative delegation of the Cherokees was convened in council by the commissioners. There were present 147 chiefs and warriors. Commissioners were appointed by them to act on behalf of their nation, in conjunction with those on behalf the United States, to run and mark the boundary line, and an agreement was reached that Messrs. Hawkins and Pickens should have authority to select the necessary sites for the proposed military posts within their country.

      During the council a delegation of the intruding settlers presented themselves but were not allowed to attend the deliberations, being advised by the commissioners "that it was not in contemplation to make a new treaty but to carry the treaty of Holston into effect; that we did not expect much light on this subject from the Indians; that we should form our decision from the instrument itself and not from interested reporters on either side; that all who were on the Indian lands could not be relieved by us; * * * that he (Captain Henly) and most of the deputation lived on this side of the line of experiment, and that they had informed us that that line was merely to ascertain how the citizens could be accommodated and on this side of the true line intended in the treaty; that to accommodate them a new treaty must be had and a new line agreed on, and, in our opinion, at this time it could not be effected; that the Indians were much alarmed for their situation, and viewed every attempt to acquire land as a violation of the solemn guaranty of the Government; that we need not expect ever to obtain fairly their consent to part with their land, unless our fellow-citizens would pay more respect than we saw they did to their treaties.

      Following this conference with the Indians, the commissioners proceeded (examining the country carefully en route) to South West Point, at the mouth of Clinch River, which they reached on the 6th of May, and the journal of Colonel Hawkins concludes with this day's proceedings. It is learned, however, from an old map of the line now on file in the office of Indian Affairs, that the survey was not begun until more than three months after their arrival at South West Point. From another map in the same office it appears that the line as surveyed extended from a point about 1,000 yards above South West Point in a course S. 76° E. to the Great Iron Mountain, and was known as "Hawkins Line."86 From this point the line continued in the same course until it reached the treaty line of 1785, and was called "Pickens Line." The supposition is that as the commissioners were provided with two surveyors, they separated, Colonel Hawkins with Mr. Whitner as surveyor running the line from Clinch River to the Great Iron Mountains, and General Pickens with Colonel Kilpatrick as surveyor locating the remainder of it. This supposition is verified so far as General Pickens is concerned by his own written statement.87

      From the point where it struck the Clinch River, the line of cession by this treaty of 1791 followed up the course of that river until it struck Campbell's line at a point 3 or 4 miles southwest of the present town of Sneedville. From this point it became identical with the boundary line prescribed by the treaty of November 28, 1785 at Hopewell.

      The tract of country ceded by this treaty comprised the territory within the present limits of Sevier, Cocke, Jefferson, Hamblen, Grainger, and almost the entirety of Knox, as well as portions of Roane, Loudon, Anderson, Union, Hancock, Hawkins, Sullivan, Washington, Greene, and Blount Counties in Tennessee, together with a portion of North Carolina lying principally west of the French Broad River.

      Treaty Concluded February 17, 1792

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      PROCLAIMED FEBRUARY 17, 1792.

      Held at Philadelphia, Pennsylvania, between Henry Knox, Secretary of War, on behalf of the United States, and certain chiefs and warriors, in behalf of themselves and the Cherokee Nation.

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      This treaty was negotiated as, and declared to be, an additional article to the treaty of July 2, 1791, and provided as follows:

      1. That the annual sum to be paid to the Cherokees by the United States, in consideration of the relinquishment of lands, made in treaty of 1791, be $1,500 instead of $1,000.

      Historical Data

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      As stated in considering the treaty of July 2, 1791, the Secretary of War notified Governor Blount88 that the President had ratified the same, and inclosed printed copies thereof to him for distribution. This was equivalent to its official promulgation, although the treaty as printed in the


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