USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 11
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 11
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 11
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 11
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 11
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 11
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 11
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self from her clothing, left them floating on the water and swam rapidly away. While thus making her escape, some of the soldiers cried out "Shoot her! shoot her!"' but others admiring her activity and courage re- strained those who were in favor of shooting her, by saying " No, let her escape, she is too smart to kill." With respect to the number killed, it was given to Joseph Brown some time afterward by a chief in conversa- tion at Tellico Block-house.
By an act approved May 19, 1796, the following boundary between the United States and the Indian tribes for the States of Kentucky and Tennessee was ordered surveyed and definitely marked. "Beginning at a point on the highlands or ridge on the Ohio River between the mouth of the Cumberland and the mouth of the Tennessee River; thence east- erly along said ridge to a point from whence a southwest line will strike the mouth of Duck River; * thence still easterly on the said ridge to a point forty miles above Nashville; thence northeast to the Cumber- land River; thence up the said river to where the Kentucky road crosses the same; thence to the top of Cumberland Mountain; thence along Campbell's line to the river Clinch; thence down the 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."
At a treaty held at the Chickasaw Bluffs, October 24, 1801, between Brig .- Gen. James Wilkinson, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, "and the Mingo, principal men and warriors of the Chickasaw nation," permission was given the United . States to lay out and cut a wagon road between the settlements of the Mero District in Tennessee and those of Natchez on the Mississippi River. It was agreed that $700 should be paid the Indians to compen- sate them for furnishing guides and assistance. Seventeen Chickasaw chiefs signed the articles of the treaty.
A treaty was held at Tellico, October 25, 1805, between Return Jona- than Meigs and Daniel Smith on the part of the United States, and thir- ty-three chiefs on the part of the Cherokees, by which the Indians ceded all their land north of the following boundary: "Beginning at the mouth of Duck River; running 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 Hiwassee River. If the line from Hiwassee should leave out Field's settlement, it is to be marked round this im- provement and then continue the straight course; thence up the middle of
*See treaty with the Chickasaws, January 10, 1786.
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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 boun- dary 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; thence from the mouth extending 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 there- of together with two other sections of one square mile each, one of which is at the foot of Cumberland Mountain, at and near 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 cessions made by the Cherokees, and other circumstances, the size of the garrisons at Southwest Point and Tellico are becoming not the most convenient and suitable places for the accommodation of the said Indians, it may become expedient to remove the said garrisons and fac- tory 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 Hiwassee." In consider- ation of this cession the Government agree to pay the Indians $3,000 im- mediately in valuable merchandise, and $11,000 within ninety days after the ratification of the treaty and also an annuity of $3,000 to begin im- mediately. The Indians, at their option, might take valuable machines for agriculture and useful domestic or hunting articles out of the $11.000. The Government was also to have the "free and unmolested use" of two new roads "one to proceed from some convenient place near the head of Stone's River and fall into the Georgia road at a suitable place toward the southern frontier of the Cherokees; the other to proceed from the neighborhood of Franklin or Big Harpeth, and crossing the Tennessee at or near the Muscle Shoals, to pursue the nearest and best way to the set- tlements on the Tombigbee."
At Tellico, on the 27th of October, 1805, two days after the above treaty, the same commissioners (Meigs and Smith) concluded an addi- tional treaty with fourteen Cherokee chiefs, the following being a portion of one of the articles of such treaty: " Whereas, it has been represented by the one party to the other, that the section of land on which the gar- rison of Southwest Point stands and which extends to Kingston, is likely to become a desirable place for the assembly of the State of Tennessee to convene at (a committee from that body now in session having viewed
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the situation), now, the Cherokees being possessed of a spirit of concilia- tion, and seeing that this tract is desired for public purposes and not for individual advantages, reserving the ferries to themselves, quitclaim and cede to the United States the said section of land, understanding, at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the Government. We also cede to the United States the first island in the Tennessee above the mouth of Clinch [ River ]."
It was also agreed that mail which had been ordered to be carried from Knoxville to New Orleans through the Cherokee, Creek and Choc- taw countries, should not be molested by the former nation over the Tel- lico and Tombigbee road; and that the Government should pay for the land ceded as above described $1,600 in money or merchandise, at the option of the Indians, within ninety days after the ratification of the treaty.
On the 23d of July, 1805, at a treaty concluded in the Chickasaw country between James Robertson and Silas Dinsmore and the chiefs of the Chickasaws, the latter ceded the following tract of land to the United States: " Beginning at the left bank of [the ] Ohio at the point where the present Indian boundary adjoins the same; thence down the left bank of Ohio to the Tennessee River; thence up the main channel of the Tennessee River to the mouth of Duck River; thence up the left bank .of Duck River to the Columbian highway or road leading from Nashville to Natchez; thence along the said road to the ridge dividing the waters running into Duck River from those running into Buffalo River; thence eastwardly along the said ridge to the great ridge dividing the waters running into the main Tennessee River from those running into Buffalo River near the main source of Buffalo River; thence in a direct line to the great Tennessee River near the Chickasaw Old Fields, or eastern point of the Chickasaw claim, on that river; thence northwardly to the great ridge dividing the waters running into the Tennessee from those running into the Cumberland River so as to include all the waters run . . ning into Elk River; thence along the top of said ridge to the place of beginning; reserving a tract of one mile square adjoining to and below the mouth of Duck River on the Tennessee, for the use of the chief, Okoy, or Lishmastubbee. The commissioners agreed to pay $20,000 for the use of the nation and for the payments of its debts to traders, etc., and to pay ' George Colbert and Okoy $1,000 each. These sums were granted these head men upon the request of the Chickasaw delegation, as a reward for distinguished services rendered the nation; also, the head chief of the nation, Chinnubbee, was granted an annuity of $100 during
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the remainder of " his natural life," "as a testimony of his personal worth and friendly disposition." Two dollars per day was ordered paid an agent of the Chickasaws appointed to assist in running and marking the boundary above described.
On the 7th of January, 1806, at the city of Washington, a treaty was held between Henry Dearborn, Secretary of War, and Double Head, James Vann. Tallotiska, Chuleoah, Sour Mush, Turtle at Home, Katihu, John McLemore, Broom, John Jolly, John Lowry, Red Bird, John Walker, Young Wolf, Skewha, Sequechu and William Showry, chiefs and head men of the Cherokees, Charles Hicks serving as inter- preter, and Return J. Meigs, Benjamin Hawkins, Daniel Smith, John Smith, Andrew McClary and John McClary as witnesses, whereby the following was agreed upon: The Cherokee nation ceded to the United States "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 the Chickasaw Old Fields at the upper part of an island called Chickasaw Is- land on said river, to the most easterly head waters of that branch of said Tennessee River called Duck River, excepting the two following tracts, viz .: one tract bounded southerly on the said Tennessee River at a place called the Muscle Shoals, westerly by a creek called Tekeetanoah or Cypress Creek, and easterly by Chuwalee 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 or junction with Tennessee River, to a point on the said Cypress Creek, ten miles on a direct line from its junc- tion with the Tennessee River. The othertract 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. Chisholm, Autowe and Chechout; and the other reserved tract, on which Moses Milton now lives, is to be considered the property of said Milton and Charles Hicks in equal shares. And the said chiefs and head men also agree to relinquish to the United States all right or claim which they or their nation have to what is called the Long Island in Holstou River."
In consideration of the relinquishment of this land the United States agreed to pay $2,000 to the Indians as soon as the treaty was ratified by
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the President, and $2,000 on each of the four succeeding years, or in all $10,000; and agreed to build a grist-mill in the Cherokee country for the use of the nation; to furnish a machine for cleaning cotton; to pay annu- ally to the old chief, Eunolee, or Black Fox, during the remainder of his life $100, and to settle the claims of the Chickasaws on the two res- ervations described above. Apparently, the terms of this treaty required elucidation, as, September 11, 1807, another meeting between James Robertson and Return J. Meigs and a delegation of Cherokees, of whom Black Fox was one, was held "at the point of departure of the line at the upper end of the island opposite to the upper part of the said Chickasaw Old Fields," on which occasion the following was fixed as the eastern limits of the ceded tract: "A line so to be run from the upper end of the Chickasaw Old Fields a little above the upper part 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 lands heretofore ceded to the United States at the said Tennessee Ridge." It was also agreed that $2,000 should be paid to the Cherokees to meet their expenses at this council or treaty, and that the Cherokee hunters might hunt over the ceded tract "until, by the fullness of settlers, it shall become improper." Eunolee, or Black Fox; Fauquitee, or Glass; Fulaquokoko, or Turtle at Home; Richard Brown and Sowolotaw, or King's Brother, signed this "decla- ration of intention." The following treaty or agreement with reference to the cultivation of a certain tract of ground by the proprietors of the Unicoi road was entered into July 8, 1817:
We, the undersigned chiefs of the Cherokee nation, do hereby grant unto Nicholas Byers, Arthur H. Henly and David Russell, proprietors of the Unicoy road to Georgia, the liberty of cultivating all the ground contained in the bend on the north side of Ten- nessee River, opposite and below Chota Old Town, together with the liberty to erect a grist-mill on Four Mile Creek, for the use and benefit of said road and the Cherokees in the neighborhood thereof; for them, the said Byers, Henly and Russell, to have and to hold the above privileges during the term of use of the Unicoy road, also obtained from the Cherokees and sanctioned by the President of the United States.
At a treaty between Isaac Shelby and Andrew Jackson and the "chiefs, head men and warriors" of the Chickasaw nation held on the 19th of October, 1818, "at the treaty ground east of Old Town, the Indians ceded lands as follows: The land lying north of the south boundary of the State of Tennessee, which is bounded south by the thirty-fifth degree of north latitude, and which lands hereby ceded lie within the following bound- ary, viz .: Beginning on the Tennessee River about thirty-five miles by water below Col. George Colbert's ferry, where the thirty-fifth degree of
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north latitude strikes the same; thence due west with said degree of north latitude to where it cuts the Mississippi River at or near the Chickasaw Bluffs; thence up the said Mississippi River to the mouth of the Ohio; thence up the Ohio River to the mouth of the Tennessee River; thence up the Tennessee River to the place of beginning."
In consideration of this valuable cession "and to perpetuate the hap- piness of the Chickasaw nation" the Government agreed to allow the In- dians an annuity of $20.000 for fifteen successive years; also to allow Capt. John Gordon, of Tennessee, $1,115 due him from the Chickasaws, and also to allow Capt. David Smith, of Kentucky, $2,000 to reimburse him and forty-five soldiers of Tennessee in assisting in the defense of their towns (upon their request) against the attacks of the Creek Indians in 1795. A reservation in the above tract was retained by the Indians. It contained four miles square of land, including a salt spring or lick on or near Sandy River, a branch of the Tennessee. The Chickasaw chief, Levi Colbert and Maj. James Brown were constituted agents to lease the salt licks to a citizen or citizens of the United States for the benefit of the Indians, a certain quantity of salt to be paid therefor annually to the nation; and after two years from the date of the ratification of the treaty no salt was to be sold higher than $1 per bushel of fifty pounds weight. The Government further agreed to pay to Oppassantubbee, a principal chief of the Chickasaws, $500 for his two-mile reservation on the $ north side of the Tennessee River; retained September 20, 1816, to pay John Lewis, a half-breed, $25 for a lost saddle while serving the United States; to pay Maj. James Colbert S1,089, which had been taken from his pocket in June, 1816, at a theater in Baltimore.
Also to give upon the ratification of the treaty to the following named chiefs $150 each: Chinnubbee, king of the Chickasaws; Teshuahmin- go, William McGibvery, Oppassantubee, Samuel Seely, James Brown, Levi Colbert, Iskarwcuttaba, George Pettigrove, Immartoibarmicco, and Malcolm McGee, interpreter; and to Maj. William Glover, Col. George Colbert, Hopoyeabaummer, Immauklusharhopoyea, Tushkaihopoye, Hop- oyebaummer, Jr., James Colbert, Coweamarthlar and Illachouwarhopo- yea, $100 each. At a treaty with the Cherokees held at Washington City, February 27, 1819, the Indians ceded the following tract of country:
All of their lands lying north and cast of the following line. viz. : Beginning on the Ten- nessee River at the point where the Cherokee boundary with Madison County in Alabama "Territory joins the same; thence along the main channel of said river to the mouth of the Hiwassee; thence along its main channel to the first hill which closes in on said river about two miles above Hiwassee; thence along the ridge which divides the waters of the Hiwassee and Little Tellico, to the Tennesee River at Telassee; thence along the main channel to the junction of the Cowee and Nauteyalee; thence along the ridge in the fork of
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said river to the top of the Blue Ridge: thence along the Blue Ridge to the Unicoy turn- pike road; thence by a straight line to the nearest main source of the Chestatee; thence along its main channel to the Chatahouchee, and thence to the Creek boundary: it being understood that all the islands in the Chestatee, and the parts of the Tennessee and Hi- wassee (with the exception of Jolly Island in the Tennessee near the mouth of the Hiwas- see) which constitutes a portion of the present boundary, belong to the Cherokee nation.
ART. 3. It is also understood and agreed by the contracting parties, that a reserva- tion in fee simple, of six hundred and forty acres square, with the exception of Maj. Walker's which is to be located as is hereafter provided, to include their improvements, and which are to be as near the center thereof as possible, shall be made to each of the persons whose names are inscribed on the certified list annexed to this treaty, * all of whom are believed to be persons of industry, and capable of managing their property with dis- cretion and have, with few exceptions, made considerable improvements on the tracts re- served. The reservations are made on the condition that those for whom they are intended shall notify in writing to the agent for the Cherokee nation within six months after the ratifi- cation of this treaty that it is their intention to continue to reside permanently on the land reserved. The reservation for Lewis Ross so to be laid off as to include his house and out- buildings and ferry adjoining the Cherokee agency, reserving to the United States all the public property there and the continuance of the said agency where it now is during the pleasure of the Government; and Maj. Walker's so as to include his dwelling house and ferry, for Maj. Walker an additional reservation is made of 640 acres square, to include his grist and saw-mill; the land is poor and principally valuable for its timber. In addi- tion to the above reservations the following are made in fee simple, the persons for whom they are intended not residing on the same: To Cobbin Smith 640 acres, to be laid off in equal parts on both sides of his ferry on Tellico, commonly called Blair's ferry; to John Ross 640 acres, to be laid off so as to include the Big Island in Tennessee River, being the first below Tellico, which tracts of land were given many years since by the Cherokee nation to them; to Mrs. Eliza Ross, step-daughter of Maj. Walker, 610 acres square, to be located on the river below and adjoining Maj. Walker's; to Margaret Morgan 640 acres square to be located on the west of and adjoining James Riley's reservation; to George Harlin 640 acres square, to be located west of and adjoining the reservation of Margaret Morgan; to James Lowry 640 acres square, to be located at Crow Mocker's old place, at the foot of Cumberland Mountain; to Susannah Lowry 610 acres, to be located at the Toll Bridge on Battle Creek; to Nicholas Byers 640 acres, including the Toqua Island, to be lo- cated on the north bank of the Tennessee opposite to said island.
Immediately after the ratification of this treaty North Carolina ap- pointed commissioners and surveyors to survey and sell the lands ac- quired within her limits under the treaty. These commissioners and surveyors performed their duties without knowing what reservations would be taken by the Indians, or where they would be located. Subse- quently to the sale by the State, commissioners were sent out by the United States Government to survey and lay off the reservations for those Indians who claimed under the treaty. The consequence was that nearly all the reservations conflicted with lands previously sold by the State Com- missioners to citizens, a number of whom had sold their homesteads in older settled portions of the State, and had moved to the newly acquired
*Robert Mclemore, John Baldridge, Lewis Ross, Fox Taylor, Rd. Timberlake, David Fields (to include his mill), James Brown (to include his field by the long pond), William Brown, John Brown, Elizabeth Lowry, George Lowry, John Benze, Mrs. Elizabeth Peck, John Walker, Sr., John Walker, Jr., Richard Taylor, John Mcintosh, James Starr, Samuel Parks, The Old Bark (of Chota)-total 20. (Only those are here given whose- reserves were in Tennessee.)
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territory. These conflicting claims caused much disturbance, the pur- chasers from the State commissioners looking to the State to make their title valid, and the Indians looking to the United States to make their title valid. A great many suits were brought by the Indians in the courts of North Carolina against citizens who had taken possession under titles obtained from the State of North Carolina, and one case was carried to the supreme court of the State and decided in favor of the Indian. Clearly perceiving the disagreeable results that must ensue from a con- tinuance of this state of things, North Carolina felt compelled to take prompt measures for the relief of the citizens to whom she had sold these lands. Time would not permit application to the General Govern- ment to extinguish the Indian title, and she therefore took the only course left open for her to pursue, viz .: to appoint commissioners of her own to purchase of the Indians their claims to the lands. This purchase was effected at a cost to the State of $19,969, besides incidental expenses, the entire sum expended by the State in this matter being $22,000. North Carolina then made application to Congress for the reimbursement to her treasury of this sum, basing her claim for reimbursement on the two
following reasons: First-That the General Government had no power to exercise any control over any part of the soil within the limits of any of the original States, and that the injury sustained by North Carolina resulted from the act of the General Government in the assumption and exercise of this power as set forth in this treaty, and which was a viola- tion of the rights and sovereignty of the State. Second-That the gen- eral policy of the General Government has been to extinguish Indian titles to land within the States when she could do so. The first proposi- tion was discussed at considerable length and the second was sustained by extracts from the treaties of Hopewell, 1785, and of Holston, 1791. The application of North Carolina for the repayment to her of $22,000 was granted by Congress in an act approved May 9, 1828. Soon after the conclusion of the above treaty the following agreement with reference to the laying out and opening of a road from the Tennessee to the Tu- galo River was made and entered into:
CHEROKEE AGENCY, HIWASSEE GARRISON.
We the undersigned chiefs and councilors of the Cherokees, in full council assembled, do hereby give, grant and make over unto Nicholas Byers and David Russell, who are agents in behalf of the States of Tennessee and Georgia, full power and authority to es- tablish a turnpike company to be composed of them, the said Nicholas and David, Arthur Henly, John Lowry, Atto and one other person, by them to be hereafter named in behalf of the State of Georgia, and the above named person are authorized to nominate five prop er and fit persons, natives of the Cherokees, who, together with the white men aforesaid. are to constitute the company; which said company when thus established, are hereby fully authorized by us to lay out and open a road from the most suitable point on the
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