History of Tennessee, its people and its institutions, Part 13

Author: Garrett, William Robertson, 1839-1904; Goodpasture, Albert Virgil, b. 1855
Publication date: 1900
Publisher: Nashville, Tenn., The Brandon co.
Number of Pages: 704


USA > Tennessee > History of Tennessee, its people and its institutions > Part 13


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232. Great Chickasaw Cession .- By a treat; made September 20, 1816, the Chickasaws ceded to the United States their title to certain lands in dispute. The great Chickasaw cession was made October 19, IS18. This treaty was concluded at the " Treaty Ground east of Old Town" with the United States Commissioners, Isaac Shelby and Andrew Jackson. By this treaty, the Chickasaws ceded to the United States all of what is now West Tennessee, the tract extending into Kentucky between the Ohio and Tennessee rivers. A tract in Tennessee, four miles square. was reserved, including "a salt lick, or springs," near Sandy River. Three other small tracts were reserved to individual Indians on condition that all persons living on these reservations shall be subject to the laws of the United States. In consideration of these cessions, the United States agreed to pay "twenty thousand dollars per annum, for fifteen successive years, to be paid annually ;" and also agreed to pay two debts of the Chickasaws, one to Captain Gordon of $1, 115, and one to Captain Smith of $2,000 ; and further agreed to pay to individual Chickasaws sums amounting to $4.264; and further agreed that all annuities heretofore payable in goods should be hereafter paid in cash. In consequence of some delays in the first payments stipulated in the treaty, Andrew Jackson and William B. Lewis raised the inoney on their personal credit, and prompt payment was made.' This cession is marked 15 on the annexed map.


233. Calhoun's Treaty .- February 27, 1819, John C. Calhoun, Secretary of War, concluded a treaty with the Cherokees, who ceded various outlying tracts which had not been included in former treaties. Three of these were extensive tracts, marked on the map respectively 15, ::. and IS. The others were tracts of small area, from one to twelve miles square, which had been retained by the Indiaus as favorite spots, for which they felt a special attachment, or a super- stitious reverence. These are shown on the map, marked respectively 19, 20, 21, 22, and ::. I: was agreed that these minor cessions were to be sold by the United States, the proceeds to be invested in goods and stocks, the annual income of which should be used for establishing school- for the Cherokees. Many stipulations were made for issuing grants of six hundred and forty acres each to individual Indians. The policy of the treaty was to encourage the Cherokees to emigrate west of the Mississippi, and to induce those who remained to abandon their tribal :ela- tions, and to become citizens of the United States. This treaty extinguished the title of the Cherokees to all lands in Tennessee, except the tract marked 24, and known as the " Hiwassee District," to which they retained title until December, 1835.


234. Overton's Treaty .- In IS23, a treaty was made with the Chickasaws by Judge John Overton by which the Chickasaws released claim to the small tracts of land which they had reserved in former treaties. One tract, four miles square, including the salt lick on Sandy River. is shown on the map, marked 24. Another tract, one mile square, on Tennessee River, at the mouth of Duck River, and known as "Okoye's Reservation," is marked 25.


I See two letters of Andrew Jackson in American Historical Magazine, Vol. IV, pp ..::: (April number, 1899).


I36


HISTORY OF TENNESSEE.


235. Attitude of Tennessee and Georgia .- The Cherokees were too weak to engage in war, but were not congenial neighbors. They had learned inany of the arts and vices of civilized life, and had, to a great extent, abandoned their roving habits. They did not need large areas of ground, and had gradually sold all their territory in Tennessee except Hiwassee District. The bulk of the nation had been gradually forced down into Georgia. They showed some dispo- sition to become citizens of the United States, and actually made propositions to that effect. The people of Tennessee and Georgia, however, were bent on their removal across the Mississippi. Both States becaine involved in controversies with the Federal authorities in reference to the Indian rela- tions. The controversy on the part of Tennessce was with reference to the State law directing the sale of disputed reservations. The controversy on


the part of Georgia was more serious.


The United


States accepted the cession of the western lands of Georgia in 1802, and agreed to extinguish all Indian titles to lands within the limits of the State. Georgia demanded the fulfillment of the contract. Meanwhile, and before any steps had been taken for the removal of the Indians, Georgia asserted the right to legislate for the entire State, and to execute her laws within the Indian reservations. The United States claimed that the Indians were a distinct organization within the limits of Georgia. and could be dealt with only by Congress under the treaty-making powers. Governor Troupe. of Georgia, gave notice that he would maintain the MAJOR RIDGE - CHEROKEE CHIEF. authority of Georgia, and matters assumed a hostile shape during the latter part of the adminis- tration of Monroe and the succeeding administration of John Quincy Adams. Finally, the Cherokee Nation, July 26, 1827, adopted a Constitution as an independent and sovereign State. The people of Georgia were indignant at this attempt to establish a separate government within the jurisdiction of a sovereign State, and to assert a right which would be treason. if attempted by her own citizens. Her legislature made what they styled a last appeal to the United States, and expressed a purpose, if this should fail, to take the matter into their own hands.


236. Abortive Treaties .- In 1832, the Indian Territory was laid out west of the Missis- sippi, and in IS34 Congress made enactments for the definite location of the several tribes which were to occupy it. May 6, IS28, James Barbour, Secretary of War, concluded a treaty, and Feb- ruary 14, 1833, Stokes, Ellsworth and Schermerhorn concluded a similar treaty with the Chero- kees. Neither of these treaties were contracts, but were a series of offers made by the United States to induce the Cherokees to remove to the Indian Territory west of the Mississippi River. Both treaties were barren of results. February 10, 1834, George Vashon concluded a treaty with the Cherokees similar in character, and offering additional inducements. This treaty was made inoperative by the refusal of President Andrew Jackson to submit it to the Senate.


237. Treaty of Removal .- This treaty was concluded December 29, 1835, at New Echota. Georgia, between the Cherokees and Gen. William Carroll and John F. Shermerhorn, Commis sioners for the United States. By its provisions the Cherokees ceded to the United States all their lands east of the Mississippi River in consideration of $5,000,000. The United States ceded to the Cherokees fifteen million acres of land in the Indian Territory, which should never be included in any state or territorial government, and agreed to pay all expenses of removal, to furnish one year's subsistence in their new home, to pay for improvements on their lands, to pay various special funds and annuities, among other provisions to add $150.000 to the existing permanent school fund, and to appropriate $60,000 to pay debts due from the Cherokees to citizens of the United States. It was agreed that all who remained should be subject to the laws of the State within which they resided, and, upon becoming qualified as citizens, should be entitled to pre- empt one hundred and sixty acres of land. The treaty contained other important provisions which can not be here recited. March 1, 1836, a supplemental treaty was made, which added $1,000,000 to the obligations of the I'nited States. The Cherokees agreed to remove to the Indian Territory within two years from the ratification of the treaty. By the terms of this treaty, the


137


THE INDIAN TREATIES.


title of the Cherokees was extinguished to Hiwassee District, their last possession in Tennessee. marked on the map 26.


238. The Removal .- The large majority of the Cherokees, led by their famous chief, John Ross, were opposed to this treaty, and protested against it. The United States, however, refused to recognize their authority, and concluded the treaty with the minority party of the Cherokees, led by the chiefs Major Ridge and Andrew Ross. The Cherokee Nation, in full council, in October, IS35, rejected the treaty, but the United States Senate, nevertheless, confirmed it, and President Jackson proclaimed it May 23, 1836. John Ross went to Washington on behalf of his people, and endeavored to per- suade the President and Congress to declare it void. He displayed great diplomatic ability, . and created a strong sentiment of sympathy in favor of the Indians. Henry Clay, Daniel Webster, Edward Everett, Henry A Wise, and other political opponents of President Jackson, warm'y espoused the cause of Ross. Previous to his departure for Texas, David Crockett ardently supported Ross. During the two years which had been allowed the Cherokees for removal, strong efforts were used to revoke the treaty, but President Jackson was firm. Many of the Indians removed in small bands before the appointed date. As the time drew near, Gen. Winfield Scott, with a force of United States troops, was ordered to the Chero- kee country. He issued an address, announc- ing that he would enforce their removal in accordance with the terms of the treaty. Ross made application for extension of time, and JOHN ROSS - CHEROKEE CHIEF. other indulgences, which were granted. De- cember 4, 1838, the last organized band of Cherokees began their march for the Indian Territory. A number, subsequently enumerated at one thousand and forty-six, took refuge in the mountains and remained behind. Most of these afterwards joined their comrades in the West. The few who finally remained abandoned their tribal relations, and became citizens of the United States. The total number of the Cherokees who removed West was stated on the rolls of John Ross to be thirteen thousand one hundred and forty-nine. Upon reaching their new homes, fierce dissen- sions arose between the party of John Ross and the Ridge party, which resulted in the killing of Major Ridge. Finally the nation became unified, and made other treaties with the United States by which they secured a large annual income.


239. The Indian Territory .- The Cherokees, Chickasaws, Creeks, Choctaws, and Semi- noles, known as the " Five Civilized Tribes," are now dwelling peaceably and contentedly in the Indian Territory. They are prosperous, industrious, and law abiding. In addition to large reve- nues derived from the United States for the sale of their eastern lands, they are self-sustaining and wealthy. They owned many negro slaves prior to the general emancipation. They have schools, churches, good governments, and all the appliances of civilization. They have increased in numbers, the total population of the five tribes being 173.097, of which 50,055 are Indiaus. The Cherokee Nation, which numbered 13, 149 upon their arrival, now numbers 56,309, of which 22,015 are Indians. 1


1 United States Census, 1890, Vol. Indians, pp. 242, et seq. In this chapter frequent reference has been made to the invaluable article of Mr. Royce in the Report of the Bureau of Ethnology for 1883-84. This treatise is confined to the Cherokees, and extends beyond the limits of Tennessee.


.


138


TOPICAL ANALYSIS.


TOPICAL ANALYSIS -CHAPTERS X-XVIII.


I. Washington County ; Organized by North Carolina, 1777.


( a ) Washington Judicial District ; Civil and Military Tribunals.


( 6) Population ; Internal Improvements; Important Events ; Indian Hostilities; A Dangerous Crisis.


II. The Cumberland Settlements; 1779 to 1783.


(a) Explorers; Transylvania Purchase; Prospectors; Thomas Sharp Spencer, and Others.


(6) Settlers ; James Robertson ; Donelson's Voyage ; Other Settlers.


(c) Articles of Compact ; Government under the Compact.


(d) Indian Hostilities ; Freeland Station ; Battle of the B. iffs ; Guerrilla Warfare.


(e) The Dark Days ; The Council ; Robertson's Firmness ; Peace with England.


III. Watauga ; 1780 to 1783 ; The South Overrun ; King's Mountain.


IV. Cherokee War; Greene and Davidson Counties formed ; First Cession.


V. State of Franklin ; Its Constitution ; Sevier elected Governor; The Capitol.


VI. Collapse of Franklin in 1788 ; Sevier in Custody.


VII. Sevier's Release ; His election as Delegate ; His appointment as Brigadier-General.


VIII. Cumberland ; 1733 to 1790; Davidson County.


(a) Bounty Lands ; Treaty of Nashborough ; Spanish Intrigues.


( 6) Sumner County formed ; Mero Judicial District.


(c) Indian Hostilities; Appeals for Aid ; Coldwater Expedition.


( d) Second Cession of North Carolina ; Congress accepts the Cession.


IX. Southwest Territory, 1790 to 1796 ; William Blount, Governor.


( a ) President appoints Daniel Smith, Secretary ; David Campbell, John McNairy, Joseph Anderson. Judges.


( 6) President appoints Brigadier-Generals : John Sevier for Washington,. James Robertson for Mero.


( c) Governor organizes Counties : Washington, Sullivan, Greene, Hawkins, David- son, Sumner, Tennessee.


(d) Governor organizes Judicial Districts : Washington, Mero.


(e) Governor appoints Territorial, Judicial, Civil, and Military Officers ; Issues Licenses.


(f) Governor's Policy ; Conciliatory ; Favors Statehood; Not firm in Indian Affairs.


(g) Indian Relations; Spanish Intrigues; Separatists ; Federal authorities De- ceived ; Sentiment of New England.


(1) McGillivray ; Guerrilla Warfare; Chickasaws Friendly; Blount's Vacillation.


(2) Zeigler's Station ; Buchanau's Station; Murder of the Bledsoes; Robertson Resigns.


(3) Captain Handly Defeated ; Beard's Attack ; Cavett Station ; Sevier's Expedition.


(h) Territorial Legislature convenes February 24. 1794.


(1) Forms Jefferson, Knox, Sevier, and Blount Counties, and Hamilton Judicial District.


(2) Provides for Census. Elections, and Constitutional Convention.


( ¿) Convention meets ; Adopts Constitution ; Orders Elections.


(j) Governor Blount notifies President Washington.


X. Southwest Territory becomes State of Tennessee.


( a) State Legislature meets March 28, 1796, and Organizes the State.


( b) Legislature elects John Sevier, Governor ; Elects Senators and Representa- tives to Congress.


( c) Opposition it Congress ; House Passes Bill ; Senate Disagrees.


(d ) Rufus King Opposes ; Samuel Livermore Favors Admission.


(e) Bill Passes May 31 ; Approved by President Washington, June 1, 1796,


XI. Indian Treaties ; See Analysis and List under Map, pages 128, 129.


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139


PART II.


THE HISTORY OF TENNESSEE FROM ITS ADMISSION INTO THE UNION, 1796, TO THE PRESENT TIME.


DIVISION I.


TENNESSEE UNDER THE CONSTITUTION OF 1796.


DIVISION II.


TENNESSEE UNDER THE CONSTITUTION OF 1834.


DIVISION III. TENNESSEE UNDER THE CONSTITUTION OF 1870.


139140


THE GREAT SEAL OF THE STATE OF TENNESSEE.


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FIRST USED BY GOVERNOR ARCHIBALD ROANE, APRIL 24, 1802.


141


DIVISION I.


TENNESSEE UNDER THE CONSTITUTION OF 1796.


CHAPTER XIX.


ADMINISTRATION OF SEVIER - 1796-1801.


240. Sevier Governor for the Constitutional Period of Six Years .- Under the Constitution, the governor was the only officer elected by the people of the whole State. His term of office was fixed at two years, and he was prohibited from serving more than six years in any period of eight years. John Sevier was elected governor with- out opposition, and was twice re- elected with a like unanimity.


241. Sevier an East Tennes- sean .- At the time of his first election, Sevier was beyond the meridian of life. His country · had passed the heroic period, in which he had shone with such . GOV. JOHN SEVIER. matchless splendor. He was the idol of East Tennessee: He had : been the leader of its people from the time Robertson crossed the mountains in 1779. He had defended them against the Indians, to whom his name carried more terror than a regiment of soldiers.1 He had fought back the invading British, and, with Isaac Shelby, had shed immortal glory on East Tennessee at the decisive battle of King's Mountain. During all its ill-starred career, he had been the chief magistrate of the daring young State of Franklin. And after its


1 Gov. William Blount to the Secretary of War.


5


142


HISTORY OF TENNESSEE.


downfall, he had been elected to Congress from the Western District of North Carolina, being the first representative in the United States Congress from the Mississippi Valley.


242. Sevier not in Touch with Middle Tennessee .- While East Tennessee had leaned on John Sevier for safety, the Cumberland settle- ments had never looked to him, nor been the immediate objects of his brilliant achievements. They had not witnessed his daring feats of arms, nor been thrilled by the influence of his great personal magnet- ism. His presence was well-nigh irresistible, and was, in a measure, necessary to his popularity. These facts had an important influence on his career, as the center of population began to move to the westward of the Cumberland Mountains.


243. Putting the State in Accord with the Federal Government .- Before the State was admitted to the Union, it had elected two United States Senators, and provided for the election of two Repre- sentatives and four Presidential Electors. After its admission, the Senate refused to seat the Senators from Tennessee, on the ground that they were prematurely elected. Congress likewise passed an act allow- ing the State but one representative in Congress, which had the effect also to reduce the number of electors from four to three. As soon as these facts reached the governor, he called an extra session of the General Assembly, which met on the 30th day of July, and continued in session ten days. They reëlected Senators Blount and Cocke ; passed an act for the election of one Congressman from the State at large ; and provided for the appointment of three Presidential Electors.


244. Jackson Elected to Congress .- Andrew Jackson offered him- self as a candidate for Congress, and was elected without opposition, being the first representative in Congress from Tennessee. He was the second officer elected by the people of the whole State, Governor Sevier having been the first. Jackson was then a young man of twenty-nine. He had lived in the country, since reaching his majority, in 1788. Under the Territorial government he had made reputation as a district attorney. He was a leading member of the Convention that framed the Constitution for the new State, for which he is said to have suggested the name of Tennessee. He was the greatest leader of men this country has ever produced, and had even then gathered around him the nucleus of a following which afterwards became all-powerful, not in the State only, but in the nation as well.


245. Jackson and Anderson Elected to the Senate .- Before the general election in August, rumors of the imprudent conduct of William


143


TENNESSEE UNDER THE CONSTITUTION OF 1796.


Blount, which resulted in his expulsion from the United States Senate, had reached Tennessee. It was rightly conjectured that he could not be reëlected. Joseph Anderson, who became distinguished for his eminent services, both to the State and nation, was elected to succeed him. At the same session of the Legislature, Andrew Jackson, who had consented to become a candidate, was elected to succeed William Cocke, whose term in the Sen- ate had also expired.


246. Question of the Indian Boundary .- The question of most immediate and pressing interest to the State government, at that time, was the controversy between its people and the neighboring Indians concerning the boundary between them. Governor Sevier determined at the outset, that the safety and security of the settlers would be best promoted by a policy of peace and friendship with the Indians.


JOSEPH ANDERSON.


A few years of quiet. he thoughit, would see the number of settlers so augmented that their progress could never again be seriously retarded by the Indians.


247., Running the Indian Line .- The treaty of Holston had been made in 1791, but was not carried into effect for some time, because of misunderstandings as to the line. Afterwards, the line was actually run and marked. In the meantime, the settlements south of the French Broad and Holston rivers, begun under the Franklin Treaties of Dumplin and Coyatee, had been extended to the Little Tennessee. Moreover, Powell's Valley was being settled under grants from North Carolina. Both of these settlements extended into the Indian country. (See Map of Public Lands, paragraph 270.) The removal of the settlers who were found beyond the line caused intense excitement on the frontiers. But through it all the peace policy of Governor Sevier was pursued with firmness, justice, and patience.


248. The Question of the Public Lands .- There were two other questions of vital interest to the people of the State. They were (I) the disposition of the public lands, and (2) the organization and regu- lation of the militia. Under an act of North Carolina, a land office was opened in Washington County in 1777. A similar office was opened in Sullivan County upon its formation two years later. Both of these offices were closed in 1781. A land office known as John Armstrong's office was opened in 1783. When the State passed the


144


HISTORY OF TENNESSEE.


first act ceding its western territory to the United States, in 1784, this office was also closed. From that date until 1806, a period of twenty- two years, there was not a land office open in the State. This anom- alous state of affairs was caused by the earnest and protracted contro- versy between Tennessee, North Carolina, and the United States as to the right of disposition of the public lands in Tennessee, which is treated in Chapter XXI.


249. Organization of the State Militia .- In order to complete the organization of the State militia, in accordance with the provisions of the Constitution, the first General Assembly passed an act prescribing the mode of electing military officers. Company officers were to be elected by their companies, and the field officers by such persons in their respective counties as were subject to military duty. Brigadier Gen- erals were to be elected by the field officers of their respective districts, and the Major General by the Brigadier Generals and field officers of the State. In case of a tie in the vote for Major General, the governor was to give the casting vote. George Conway was elected Major General.


250. Death of William Blount .- William Blount was one of the great men of the State. Of cavalier stock, he was a pronounced Repub- lican. He began his career among the regulators, at the famous battle of the Alamance. He was a member of the General Assembly of North Carolina, of the Continental Congress, of the convention that formed the Constitution of the United States, and the convention of North Carolina that ratified it. When the Southwest Territory was formed, President Washington appointed him governor, and also Indian agent for the South. His duties were delicate and arduous in the extreme, but he performed them with great intelligence, untiring activ- ity, broad patriotism, and eminently satisfactory results. He earnestly sought the admission of the Territory into the Union as a State, and ' was chairman of its constitutional convention. He became a United States Senator from the new State, but suffered the mortification of an expulsion from that body. But time has not vindicated the justice of his expulsion. His friends did all in their power to counteract its effect. General Robertson spoke of the matter in the saddest, gentlest terms. He had heard, he said, of the action of the Senate with great grief. He never could have judged the letter which was made the basis of the Senate's action, to have been so criminal .? James White, the father of Hugh L. White, having resigned his seat in the


"American Historical Magazine, Vol. IV, p. 344.


145


ADMINISTRATION OF ROANE.


State Senate, of which he was speaker, Governor Blount was elected to that body and made its speaker. He received the kindest attentions from the people without exception. But death claimed him before they had an opportunity to honor him further.


CHAPTER XX.


ADMINISTRATION OF ROANE- 1801-1803.


251. Archibald Roane .- At the end of Governor Sevier's third term, he retired, and Archibald Roane was elected to succeed him. Roane was a native of Pennsylvania. He had a college education, and was a man of erudition as well as legal attainments. After the Revolu- tionary war, in which he took a part, he came to Washington District. When the Territorial government was organized, he was appointed attorney general for the district of Hamilton. He was one of the first judges of the Superior Court of the State, which position he retained until his election as governor. During the last four years of this time, he was associated on the bench with Andrew Jackson, with whom he con- GOV. ARCHIBALD ROANE. tracted a warm friendship.




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