USA > Tennessee > Monroe County > Sweetwater > History of Sweetwater Valley > Part 4
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Then arose that wonderful series of events in which John Sevier was leader for the State of Franklin, and Jonathan Tipton was leader for the State of North Caro- lina, which came near involving the factions in the throes of civil war. The Congress of the United States, after much wrangling, however, did not recognize the sena- tors and representatives from Franklin as belonging to a State and they were refused admission. For this, more
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than any other reason, the State of Franklin, by legis- lative enactment on March 1, 1788, ceased to exist.
From then until 1796, when Tennessee was admitted to the Union, the State of North Carolina exercised un- disputed authority over her boundaries.
The history of those times, with Sevier and Tipton as central figures, forms chapters of more thrilling in- terest than the happenings of almost any State in the Union-far more so than bull moose hunting in Maine, witch burning in Massachusetts, or tales of mining in Dead Man's Gulch, and stage robbing in Wyoming and Nevada. It is a favorite theme with writers and his- torians; but however charming narrative could be made it is not within our province to write of them except the bare mention as leading up to other events in our im- mediate section.
WHY FROM WHITE MAN 'S VIEWPOINT NECESSARY TO REMOVE THE CHEROKEE.
In 1735, Ramsey says, the Cherokees had sixty-four towns and six thousand warriors. These towns were scattered over North Georgia, Western North Carolina and a part of Eastern Tennessee. In 1750 there were not so many, having meanwhile been decimated by wars, the Overhill Towns with the Northern Indians and the Lower Towns with the Creeks.
In 1755 the authorities of South Carolina divided the whole Cherokee country into six hunting districts : Over- hill Towns, Valley Towns, Joree Towns, Keowa Towns. Out Towns and Lower Towns; in all thirty-eight towns. They gave the Overhill Towns as Great Tellico, Chatu- gee, Tenasee, Chote, Toqua, Sittiquo and Tallassee.
Bertram's Travels (1773-1778) gives the Overhill Towns on the Tanassee or Cherokee River as Nuasha, Tallase, Chelowe, Sette, Chote, Jaco, T'ahassee, Tamahle, Tuskeege, Sunne Waugh, Nilaqua. Now in the treaty of Waightstill Avery and others, commissioners on the part of North Carolina at Fort Henry on July 20, 1777, with the Overhill Indians (heretofore discussed) the towns given as the abiding place of the head men are: Chota, Toquo, Hiwassee, Mouth of Tellico, Chilhowee, Notchee Creek, Tuskeega. Citico, Chiles Tooch.
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The term "Overhill" means the towns west of the Great Smokies and situated between the (Little) Ten- nessee and Hiwassee Rivers. The white men approach- ing the section mentioned from the east, the country then occupied by the whites, would naturally term the towns on the west of the Smoky or Unaka Mountain the Overhill Towns.
The word "town" as applicable to Indian settlements was not open to the objection given in the song of "Yankee Doodle":
"Yankee Doodle went to town; he wore his striped trousers,
He said he couldn't see the town for so many houses."
An Indian town was a collection of tepees usually located near a considerable water course ; near the tepees were patches cleared from the cane brake, on which the squaws cultivated corn for bread and hominy. This with the game killed by the bucks furnished sufficient subsistence for those residing there. The tepees were made of skins of wild animals supported by poles. They were of conical shape and had an opening at the top for the escape of the smoke, and were of such light character as to be readily carried away by the squaws in case of emergency. The buck scorned anything so degrading as manual labor. Fighting and hunting were his only occupations. The head men of these towns were elective. Only those who had performed some ex- ploit in war or the chase had any voice in the selection. From the statements of historians and from the signa- ture of the head men of the Overhill Cherokees to the different treaties it is almost certain that in the bounds of what is now known as the Hiwassee purchase or dis- triet, embracing most of Monroe county and a part of Loudon and Roane counties, all of Meigs and McMinn and a part of Polk county, the Cherokees really occupied about one thousand square miles only of this territory, to-wit: Bounded on the north by the Little Tennessee River; on the west by the Notchey Creek knobs; on the south by the Hiwassee River; on the east by the Great Smoky Mountains. The Indian population within this boundary it is likely did not exceed five thousand in num-
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ber. Thus counting five to a family would have given . each family in the Overhills Towns a square mile if divided and not held in common. In the Calhoun treaty of March, 1819, Article 2 reads thus: "The United States agreed to pay, according to the treaty of July 8, 1817, for valuable improvements on land in the country ceded by the Cherokees and allow a reservation of six hundred and forty acres to the head of each family (not enrolled for removal to Arkansas) who elects to become a citizen of the United States."
In addition to this, a portion of Article 1 contains this proviso: "All the islands of the Chestatee and the Tennessee and Hiwassee Rivers (except Jolly Island at the mouth of the Hiwassee River) belong to the Chero- kee Nation." This left the Cherokee Nation to keep or dispose of these islands as they saw fit. In relation to one of these islands in Little Tennessee River not far above the site of Old Fort Loudon the late Henry Brad- ley related to me this anecdote. Mr. Bradley was for years an emplove of Colonel Charles M. McGhee, son of John McGhee, of whom the story is told. An Indian chief (name not remembered) owned or claimed an island in the river, the bank of which was owned by McGhee. Mc- Ghee had a very fine rifle of rare make which the Indian was anxious to buy, but MeGhee was unwilling to part with. On one occasion the Indian visited McGhee and after hanging around for a while he remarked: "Big Chief had a dream. McGhee : "I hope it was a pleasant one ; what did the Big Chief dream?" Big Chief dreamed White Chief give Indian his fine gun." "Oh, that's it, is it ? Well, if Big Chief was told by the spirit in a dream that he is to have the 'fine gun' he must not be dis- appointed" (taking it down from the rack and handing it to him). The Indian left in great glee.
Not a great while afterward they met, and after the customary greeting. McGhee said: "How did you like your gun?" "Great gun, kill anything." MeGhee, "White Chief had a dream, too." Indian, "Uh, huh! What?" McGhee, 'White man dream Indian chief made him a deed to the island over there." Indian, "Here, take gun back!" MeGhee shook his head, "Can't do it; Indian dreamed it away from him, no good to him any more." After some minutes of gloomy reflection the
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Indian replied: "Big Chief make you a deed to it, but Indian no dream against white man no more."
Thus in what is now Sweetwater Valley from 1817 . back for four hundred years or more we have the spec- tacle of a section without inhabitants, with no roads and not a trail through it. It was even nameless, not for- evermore, but for a long period.
With the exception of a mound here and there to show a once human occupation and their passing away, it was just as the geologic laws and time and weather left it. The Cherokees came not through it when they went to fight their Northern enemies, nor when they surprised and exterminated the Euchees at the mouth of Hiwassee River; the trail to the Chicasaws and Creeks was not near it. So far as humanity was concerned it was a deserted country without a history or a name; nameless also the streams and ridges. It was given over to the deer, panther, the wild cat, turkey, pheasant, the swan, the duck and other smaller birds and animals. When the white man took possession in 1820 he found it almost as nature made it-Adamless, Eveless and with no apple to tempt save the sour wild crab. On the ridges the chestnut, poplar, the red, black and white oak predomi- nated, in the valley grew abundantly the sycamore, hickory, the gums, the elm, the willow and water oak. The creek flowed tranquilly through the valley on its clear winding way to the Tennessee River, spreading out into ponds and marshes, the home of the mallard, the coot and the crane. However desirable a country it might be to the white man it was not such as the Indian, that child of nature, loved. It had no great wide reaches to gladden the eye, no stream large enough to easily and safely carry his birch bark canoe. To him it was merely a preserve or breeding ground for game. When it got too plentiful here it went to the Tellico and Tennessee where the Indian lived.
So the Cherokees traded this country for land be- yond the Mississippi "unsight, unseen" and "no rue back" as the horse swappers say. As it turned out it was a good trade for both. True it must be admitted that the white man had a slight advantage in knowing that the trade was going to be made and what the terms were to be. The Indian in his childlike simplicity left the de-
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tails to " the party of second part," and Return J. Meigs, backed by the United States government, was prin- cipally the party of the second part, and he was no amateur when it came to a land deal. Be it known, how- ever, that if you have any extra tears to shed over the sorrows of humanity, the Indian does not desire nor need them. Save your sobs for the heroes and heroines of the dime novel, or exploited heathens of the "rubber trust on the Congo, or the down-trodden Moros of Mindanao. Don't acknowledge there is much to weep over in home conditions ; it is too trying on the nervous system. Leave it to the politicians to "point with pride" and "view with alarm": it's their principal stock in trade.
ENCROACHMENT OF WHITES ON CHEROKEE NEUTRAL GROUND.
As early as August, 1790, President Washington in a message to Congress brought up the subject of the en- croachment of white settlers on Cherokee neutral ground. (See "Messages of Presidents," compiled by J. D. Rich- ardson.)
It was alleged that there were five hundred families settled and were occupying places that they had no legal right to.
Negotiations moved more slowly in those days, and it was not till 1798 that a new treaty was made with the Cherokees and the southern line of occupation for white settlers was established, to-wit :
"Commencing at Wild Cat Rock near the Tellico Block House; thence down the northeast margin of the (Little) Tennessee River, not including islands, to a point one mile above the junction of that river with the Clinch; thence at a right angle (northwardly) to Hawkin's line leading to the Clinch River; thence with that line to the Clinch River; thence up Clinch to Emery; thence up Emery to Cumberland Mountain (Wallen's Ridge) ; thence northeast to Campbell's line."
In 1803 President Jefferson urged the removal of the Indian tribes beyond the Mississippi. Congress ap- proved and in 1804 appropriated $15,000.00 for the pur- pose of negotiations, and commissioners were appointed to look into the matter.
By a treaty concluded October 27, 1805, and proclaimed
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June 10, 1806, Return J. Meigs and Dan. Shields being commissioners for the United States, the Cherokees ceded :
(1) The section of land at southwest point, extending to Kingston and the respective ferries of the two rivers and the first island in the Tennessee River above the mouth of the Clinch. (2) The Cherokees consent to the free and unmolested use by the United States of a mail road from the Tellico to the Tombigbee River in the territory of Alabama. This road was made and was called the Federal road. That part through what was afterward the Hiwassee district began at Nile's Ferry, passed by Ho (Torbett's) by what is now Nona- burg and continuing, crossing the Hiwassee River not a great ways from the mouth of the Ocoee. (3) The con- sideration paid for these concessions was $1,609.00.
THE HIWASSEE PURCHASE.
Below we condense some of the material provisions of the Hiwassee Purchase or treaty with the Cherokees in 1819. To give in full would require too much space, and would not likely prove interesting to the general reader. Several of the articles as will be seen by the numbers given are not mentioned. Some of them are lengthy and relate minute particulars for the removal of the In- lians in flat boats; what guns, ammunition, provisions, blankets, etc., are to be furnished them for their start in the new territory.
Treaty concluded February 27, 1819. Proclaimed March 10, 1819. Held at Washington, D. C., between John C. Calhoun, secretary of war, and the chief heads- men of the Cherokee Nation.
TERMS OF TREATY.
(Art. 1.) The Cherokee Nation cedes to the United States all of their lands lying north and east of the fol- lowing line: Beginning on the Tennessee River at a point where Madison county in the territory of Alabama joins the same; thence along the channel of said river to the month of the Hiwassee; thence along the main chan- nel of the last said river to the first hill that closes on this river about two miles above Hiwassee old town:
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thence along the ridge that divides the Hiwassee and the Tellico Rivers to the Tennessee at Talassee; thence along the main channel to the junction of the Cowee and Nantevalee (Nantog Yulee-Nantahala) ; thence with the ridge in the forks of the said river to the top of the Blue Ridge; thence along the Blue Ridge to the Unicoy Turnpike road; thence a straight line to the nearest main source of the Chestatee; thence along the main channel to the Chattahoochee and thence to the Creek boundary ; it being understood that all the islands of the Chestatee and (those) in the Tennessee and Hi- wassee Rivers (except Jolly Island at the mouth of the Hiwassee), which constitute a portion of the boundary, are the property of the Cherokee Nation.
United States right of way, according to the treaty of 1805, not affected; twelve miles square on the Ten- nessee River near the Alabama line to be sold by the United States and the proceeds to be invested, the in- terest to constitute a school fund for the benefit of the Cherokee Nation east of the Mississippi River.
(Art. 2.) The United States agrees to pay according to treaty, July 8, 1817, for valuable improvements on land within the country ceded by the Cherokees, and allow a reservation of six hundred and forty acres to the head of each family (not enrolled for removal to Arkansas) who elects to become a citizen of the United States.
(Art. 5.) Leases made under the treaty of 1817, of land in Cherokee country are void. All white people in- truding upon lands reserved by the Cherokees shall be removed by the United States under the act of March 30, 1802.
(Art. 7.) The United States shall prevent intrusion on the ceded lands prior to January 1, 1820.
THE ORIGIN OF LAND TITLES IN SWEETWATER VALLEY.
It is a far cry from our time to that of Charles II. of England. We would naturally think that he would have had little to do with us here in Sweetwater Valley, yet the title to every acre of land in this section can be traced back to the grant given by that king to Edward, Earl of
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HISTORY OF SWEETWATER VALLEY
Clarendon, and six other nobles on the 24th day of March, 1663. Those were merry times in Merry Eng- land, and Charles, the Merry Monarch, was the merriest of them all. The people had become tired of long faces, long parliaments and long prayers. During the Crom- wellian period places of amusement and theatres were closed. No musical instruments were allowed in the churches, and even the exhibition of Raphael's Madonna- would have been considered a species of idolatry. If a man smiled it was as if he mocked himself for being so festive. Such hymns as "I Would Not Live Alway" were, if not popular, most in vogue. Small wonder that when Oliver Cromwell passed from the stage of action and Charlie from over the water appeared upon the scene, the pendulum of human emotions swung far in the opposite direction, and the parquet, the boxes and galleries all applauded. The people were all weary of tears, tragedy and solemn asservations.
Charles, as principal actor, discounted in merriment the celebrated performances of
"Old King Cole, that merry old soul,
A merry old soul was he;
He called for his pipe and he called for his bowl, And he called for his fiddlers three."
The populace in imitation of Charles. set out to have a rip-roaring, hilarious good time and proceeded to paint the town of London a vivid red. It was a Fourth of July and Christmas celebration all rolled into one.
'Twas in this era of good feeling that Charles, between drinks, which we are told were never very far apart, gave the grants spoken of to the overlords of Carolina, so named in honor of Carolus (Charles). This was likely accomplished in a space of time that the governors of the two Carolinas would occupy in discussing what beverage should next be consumed.
Oh, no! There was nothing small about Charlie. He was all obliging. To satisfy his courtiers and keep his head on his shoulders he would have given them the moon with equal good humor. This grant covered that part of North America included between the parallels of 31 and 36 degrees north latitude, and stretched from the
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Atlantic to the Pacific Oceans. Just think of it, a domain three thousand miles long and three hundred miles wide, the finest land in the world and the inhabitants thereof ! It embraced in its extent the greater part of the South- ern States south of Virginia and Kentucky east of the Mississippi River, a part of Arkansas, Oklahoma, Texas, New Mexico, Arizona and California. In the game of giving Charles has Carnegie and Rockefeller bluffed to a standstill; their combined benefactions of half a bil- lion dollars or so look like thirty cents beside his. But he minded not. If he owned the territory he wanted to shift the responsibility from his shoulders; for he possi- bly knew that there were savage beasts and still more savage men and the French and the Spanish, too, to fight. He was no fighter as his ancestors were. He pre- ferred to feed his ducks in the ponds of Windsor Park, drink the effervescing wines of France and Italy and dance to the lascivious music of the lute. To use an advertising phrase, with him "ladies' society was a specialty." If he did not own the land, then the grim humor of the situation was like that of the father with no assets at all that left to his beloved son a million dol- lars-"to get."
The Earl of Rochester once said that Charles II.
"Never said a foolish thing, And never did a wise one."
We are inclined to differ. This proved a wise act. However, if he had known that North Carolina and Ten- nessee would turn out prohibition States he might have balked. For his warmest friends and bitterest enemies would scarcely claim Charles as a "State-wider." I wish to remark here that we will get to Sweetwater Val- ley after a while. If we do not arrive on schedule time remember that there were no roads and very few trails in the old days I next will write about.
When I wrote the above about the origin of land titles in Sweetwater Valley I did not have access to a copy of the charter of Charles II. There is now before me a hook entitled as follows :
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LAWS of the
STATE OF TENNESSEE, including those of NORTH CAROLINA, NOW IN FORCE IN THIS STATE, from the year 1715 TO THE YEAR 1820, INCLUSIVE.
BY EDWARD SCOTT, one of the judges of the circuit courts of law and equity.
IN TWO VOLUMES. Vol. I.
KNOXVILLE, TENN. Printed by HEISKELL & BROWN.
1821.
As to Charles' fondness for the bowl and amusements, his lack of attention to details, his carelessness as to what he signed or did not sign, provided it did not trench on his own personal privileges, his being guided by his favorites, male and female, the statements written are absolutely true and are not to be added to or subtracted from. That there was any carelessness in the prepara- tion of the charter on the part of the grantees or in the protection of their own interests is not true. For the charter was a wonderfully comprehensive instrument. So far as I have been able to perceive, besides paying the small rent exacted, they were almost independent of the British crown. The overlords mentioned could make laws for the government of the colonists, pardon or punish as they saw fit. There was, however, a provision that the freemen should give their assent to those laws; but in the referendum who should call the elections and
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how the ballots should be counted was not stated. We insert some of the provisions of the charter which are not the exact words of the charter, unless the wording as given are marked as quotations. This charter is very long and occupies ten pages of this volume. The second charter granted by King Charles II. to the pro- prietors of North Carolina was dated March 24th in the fifteenth year of our reign (1665). The proprietors are Edward, Earl of Clarendon, High Chancellor of Eng- land; George, Duke of Albemarle, master of horse; Wil- liam, Earl Craven, Counsellor John Lord Berkely, Coun- sellor Anthony Lord Ashly, Sir George Carteret, Knight and Baronet; Sir John Colleton, Sir William Berkely. King Charles grants to them all that territory called Carolina, "Situate lying and being in our dominions of America; extending from the end of the island called Luke Island, which lieth in the Southern Virginia Seas and within 36 degrees north latitude; and to the west as far as to the south seas and so respectively as far as the river Mathias, which borders upon the coast of Florida and within 31 degrees of northern latitude; and so west in a direct line as far as the south sea as afore- said."
This territory, I take it to mean, was to extend from ocean to ocean. The land having been explored only a few hundred miles to the westward, the immense extent of the territory was not known. The instrument par- ticularly cites that it conveyed all soils, lands, fields, woods, mountains, lakes, rivers, all whales and fish in the bays, the seas upon the coast, all veins, mines and quar- ries discovered or not discovered, all golds, silver, gems, precious stones, metals or any other thing found or to be found within the province, territory or islets in the limits aforesaid. They had power to grant religious liberty and had ample rights, jurisdiction, privileges, prerogatives, royalties, liberties, immunities of any kind whatsoever, and these privileges and rights were to ex- tend to their heirs and assigns forever. The considera- tion for this grant was the fourth part of all golds and silver ore found within its boundaries, and the yearly rent of twenty marks. They had full power and authority to erect, constitute and make several counties, baronies and colonies, also to make and enact under their seals
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and to publish any laws and constitutions whatsoever either appertaining to the public state of the whole province or any particular county of or within the same or to the private utility of particular persons by and with the advice and assent of the free men of said province or territory or of the county for which said law or constitu- tion shall be made; and the said grantees have power to remit, release, pardon and abolish whether before judgment or after all crimes and offenses whatsoever against that law.
They also had power to collect import duties, except that certain articles such as English tools, silks, raisins, almond oil and olives were to be admitted free of duty. They also had power to confer titles and honors ex- cept certains ones, such as dukedoms, earls and baronets, which were exclusively the right of the crown. They had power to designate ports of entry, stating where vessels should enter and trade under such regulations as were prescribed. They were given power also to convey ab- solutely by deed in fee simple any tract or privilege to the colonists which had been conveyed to them by King Charles except legislative and judicial functions. This charter had many other provisions conveying certain powers and privileges, making them, not the governors only, but the absolute owners of the vast domain. It is needless to state again that this territory included what is now the State of Tennessee, but this State would not form a tenth of this grant.
BIOGRAPHICAL SKETCHES.
REV. JAMES AXLEY.
There lie in County Line Cemetery, two and a half miles from Sweetwater near the Athens road, the re- mains of the Rev. James Axley and his wife, Cynthia Axley. On his tombstone is inscribed: "Rev. James Axley died February 23, 1837, aged sixty years. He was presiding elder in the Methodist Episcopal church for thirty years."
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