USA > Tennessee > The civil and political history of the state of Tennessee from its earliest settlement up to the year 1796 : including the boundaries of the state > Part 49
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
500
HAYWOOD'S HISTORY OF TENNESSEE.
and it shall be the duty of said surveyors to make out and sign duplicate plats and reports of their surveys and proceedings, to be communicated by each surveyor to the Governor of his respective State, to be deposited and preserved in the office of the Secretary of State, for a testimony and memorial of the boundary between said States. And all cost and expense that may be incurred under the provisions of this article, and in surveying and marking said boundary line, shall be paid by said States jointly and equally.
ARTICLE IV.
The claims to lands lying west of the Tennessee River, and north of Alex- ander's and Munsell's line, derived from North Carolina and Tennessee, shall be considered null and void; and claims to lands lying south of said line and west of the Tennessee River, derived from Virginia or Kentucky, shall in . like manner be considered null and void.
ARTICLE V.
All lands now vacant and unappropriated by any person or persons claim- ing to hold under the States of North Carolina or Tennessee, east of the Ten- nessee River and north of the parallel of latitude 36° 30' north, shall be the property of and subject to the disposition of the State of Kentucky, which State may make all laws necessary and proper for disposing of and granting said lands or any part thereof, and may by herself or officers do any acts nec- essary and proper for carrying the foregoing provisions of this article into effect; and any grant or grants she may make thereof, or of any part there- of, shall be received in evidence in all the courts of law and equity in the State of Tennessee, and be available to the party deriving title under the same; and the land referred to in this article shall not be subject to taxation by the State of Tennessee for five years, except so far as the same may in the meantime be appropriated by individuals.
ARTICLE VI.
Claims to land east of the Tennessee River, between Walker's line and the latitude of 36° 30' north, derived from the State of Virginia in consideration of military services, shall not be prejudiced in any respect by the establish- ment of Walker's line; but such claims shall be considered as rightfully en- tered or granted, and the claimants may enter upon said lands or assert their rights in the courts of justice without prejudice by lapse of time or from any statute of limitations for any period prior to the settlement of the boundary between the two States, saving. however, to the holders and occupants of conflicting claims, if any there be, the right of showing such entries or grants to be invalid and of no effect, or that they have paramount or superior titles to the land covered by Virginia claims.
ARTICLE VII.
All private rights and interests of lands between Walker's line, from the Cumberland River near the mouth of Oby's River to the south-easteru cor- ner of Kentucky, at the point where the boundary line between Virginia and Kentucky intersects Walker's line on the Cumberland Mountain; and the
501
APPENDIX.
parallel of 36° 30' north latitude, heretofore derived from Virginia, North Carolina, Kentucky, or Tennessee, shall be considered as rightfully emanating from either of those States; and the States of Kentucky and Tennessee re- * serve to themselves respectively the power of carrying into grant claims not yet perfected; and in case of conflicting claims, if any such there be, the va- lidity of each claim shall be tested by the laws of the State from which it emanated, and the contest shall be decided as if each State respectively had possessed the jurisdiction and soil, and full power and right to authorize the location, survey, or grant, according to her own rules and regulations.
ARTICLE VIII.
It is agreed that the foregoing articles shall receive the most liberal con- struction for effecting the objects contemplated; and should any disagreement arise as to the interpretation or in the execution thereof, two citizens of the United States, but residents neither of Kentucky or Tennessee, shall be se- lected-one by the executive of each State-with power to choose an umpire in case of disagreement, whose decision shall be final in all points to them submitted.
ARTICLE IX.
Should any further legislative acts be deemed requisite to effectuate the foregoing articles and stipulations, the faith of the two States is hereby pledged that they will unite in making such provisions and respectively pass such laws as may be necessary to carry the same into full and complete ef- fect.
ARTICLE X.
The foregoing articles and stipulations, if ratified by the Legislature of Kentucky during their present session, shall forever be binding and obliga- tory on both States, and take effect from this day.
In faith whereof we, the respective commissioners, have signed these arti- cles and have hereunto affixed our seals. Done in duplicate at Frankfort, the 2d day of February, 1820.
JOHN J. CRITTENDEN, ROBERT TRIMBLE, FELIX GRUNDY,
WILLIAM L. BROWN.
- ARTICLES OF A TREATY OF PEACE
Made and Concluded at Fort Henry, on Holston River, near the Long Island, July 20, 1777, between the Commissioners from the State of North Carolina in Behalf of the Said State of the One Part, and the Subscribing Chiefs of That Part of the Cher- okee Nation Called the Overhill Indians of the Other Part.
ARTICLE I.
That hostilities shall forever cease between the said Cherokees and the peo- ple of North Carolina from this time forward, and that peace, friendship, and mutual confidence shall ensue.
ARTICLE II.
That all white or negro prisoners among the said Cherokees (if any there be), belonging to said State, shall be given up immediately to the person who
502
HAYWOOD'S HISTORY OF TENNESSEE.
shall be appointed to reside among the said Cherokees as agent for the said State, to whom also the said Cherokees are to deliver all the horses, cattle, and other property belonging to the people of the said State, which they have taken away since the beginning of the late war, that can possibly be discov- ered and procured.
ARTICLE III.
That no white man shall be suffered to reside in or pass through the said Overhill towns without a sufficient certificate signed by three justices of the peace of some county of North Carolina, or Washington County in Virginia, or to higher authority of any of the United States, to be produced to be and ap- proved of by the said agent. Any person failing to comply herewith shall be apprehended by the Cherokees, and delivered to the said agent, whom they are to assist in conducting such person to the nearest justice of the peace, to be punished for the violation of this article; and the said Cherokees may ap- ply to their own use all the effects such person shall then and there be pos- sessed of at the time he is taken, in said towns or country, thereunto belong- ing.
And should any runaway negroes get into the Overhill towns, the Cher- okees are to secure such slaves until the agent can give notice to the owners, who, on receiving them, shall pay such reward as the agent may judge rea- sonable.
ARTICLE IV.
That all white men residing in or passing through the Overhill country, authorized or certified as aforesaid, are to be protected in their persons and property, and to be at liberty to remove in safety. And the said State of North Carolina shall have liberty to send one or more traders with goods into any part of the said Overhill country or towns for the purpose of fur- nishing the said Cherokees with necessaries. If any white man shall murder an Indian, he is to be delivered up to a justice of the peace, in the nearest county, to be tried and put to death according to the laws of the State. And if any Indian shall murder a white man, the said Indian shall be put to death by the Cherokees in the presence of the agent at Chota, or two justices of the peace of the nearest county.
ARTICLE V.
That the boundary line between the State of North Carolina and the said Overhill Cherokees shall forever hereafter be and remain as follows, to wit: Beginning at a point in the dividing line, which during this treaty hath been agreed upon, between the said Overhill Cherokees and the State of Virginia, where the line between that State and North Carolina (hereafter to be ex- tended) shall cross or intersect the same; running thence a right line to the north bank of Holston River, at the mouth of Cloud's Creek, being the sec- ond creek below the Warrior's ford at the mouth of Carter's Valley; thence a right line to the highest point of a mountain called the High Rock or Chimney Top; from thenee a right line to the mouth of Camp Creek (other- wise called McNamas Creek), on the south bank of Nolichucky River, about ten miles or thereabouts below the mouth of Great Limestone, be the same more or less; and from the mouth of Camp Creek aforesaid, a south-east course into the mountains which divide the hunting-grounds of the middle
.2
503
APPENDIX.
settlements from those of the Overhill Cherokees. And the said Overhill Cherokees, in behalf of themselves, their heirs, and successors, do hereby freely, in open treaty, acknowledge and confess that all the lands to the east, north-east, and south-east of the said line, and lying south of the said line of Virginia, at any time heretofore claimed by the said Overhill Cherokees, do of right now belong to the State of North Carolina; and the said subscribing chiefs, in behalf of the said Overhill Cherokees, their heirs and successors, do hereby, in open treaty, now and forever, relinquish and give up to the said State; and forever quitelaim to all right, title, claim, and demand of, in and to the land comprehended in the State of North Carolina by the line aforesaid.
ARTICLE VI.
And to prevent as far as possible any cause or pretense on either side to break and infringe on the peace so happily established between North Caro- lina and the said Cherokees, it is agreed by the commissioners and Indian chiefs aforesaid that no white inan, on any pretense whatsoever, shall build, plant, improve, settle, hunt, or drive stock below the said boundary line, on pain of being driven off by the Indians, and further punished according to law; nor shall any man who may go over the line in search of any stray creatures be permitted on any pretense to carry a gun, on pain of forfeiting the same to the informer.
In testimony of all and singular the above articles and agreements, the par- ties aforesaid have hereunto set their hands and seals in open treaty the day and year above written.
Read, interpreted, and ratified on the Great Island opposite to the fort.
Memorandum before signing: That "The Tassel" yesterday objected against giving up the Great Island, opposite to Fort Henry, to any person or country whatsoever, except Col. Nathaniel Gist, for whom and themselves it was re- served by the Cherokees.
"The Raven" did the same this day in behalf of the Indians, and desired that Col. Gist might sit down upon it when he pleased, as it belonged to him and them to hold good talks on.
WAIGHTSTILL AVERY, [SEAL.]
WILLIAM SHARPE,
[SEAL.]
ROBERT LANIER, [SEAL.]
JOSEPH WINSTON, [SEAL.]
OCONOSTOTA, of Chota, his X mark, [SEAL.]
RAYETAEH or THE OLD TASSEL, of Toquoe, his X mark, [SEAL.]
SAVANUKEH or THE RAVEN, of Chota, his X mark, [SEAL.]
WILLANAWAW, of Toquoe, his X mark, [SEAL.]
OOTOSSETENI, of Hiwassee, his X mark,
[SEAL.]
ATTUSAR Or THE NORTHWARD WARRIOR, of the mouth of Tellico River, his X mark, [SEAL.]
OOSKUAH or ABRAM, of Chilhowee, his X mark,
[SEAL.]
ROLLOWCH or THE RAVEN, from the mouth of Tellies River, his X mark, [SEAL.]
TOOSTOOL, from the mouth of Tellies River, his X mark, [SEAL .. ]
AMOYAH or THE PIGEON, of Natchey Creek, his X mark, [SEAL.]
504
HAYWOOD'S HISTORY OF TENNESSEE.
OOSTOSSETIN or THE MANKILLER, of Hiwassee, his X mark, [SEAL.]
TILLEHAWER or THE CHESTNUT, of Tellies, his X mark, [SEAL.]
QUEE LEE KAH, of Hiwassee, his X mark, [SEAL.]
ANNA KE HU JAH Or THE GIRL, of Tuskega, his X mark, [SEAL.]
AENECEKAH, of Tuskega, his X mark, [SEAL.]
SKE AHTU KAIT, of Citico, his X mark,
[SEAL.]
ATTA KULLA KULLA Or THE LITTLE CARPENTER, of Natchey Creek, his X mark, [SEAL.]
OOKOO NEKAH or THE WHITE OWL, of Natchey Creek, his X -
mark, [SEAL.]
KA TA QUILLA or POT CLAY, of Chilhowee, his X mark, [SEAL.]
TUS KA SAH or THE TARRAPIN, of Chiles tooch, his X mark, [SEAL.]
SUNNE WACH, of Big Island town, his X mark, [SEAL.]
WITNESS: Jacob Womack, James Robins, John Reed, Isaac Bledsoe, Brice
Martin, John Reed, John Kearns. JOSEPH VANN, Interpreter.
As an uncommon interest is taken at this day in all that is in- timately connected with the times in which in a weak and infan- tile state the people struggled for independence and freedom from oppression, and as the incidental occurrences of these times will give a lively view of the doings and sayings of the men who then acted on the side of the country, a succinet narrative of all that passed at this treaty can neither be unacceptable nor unin- structive, and therefore it is briefly inserted.
This treaty was appointed by Gov. Henry to be held at Fort Patrick Henry, near the Long Island on the Holston, some time in April, 1777. The parties then met and appointed another time-the 26th of June, 1777. The Governor of Virginia gave notice of the appointed treaty to Gov. Caswell, of North Caro- lina. The object of Virginia was to obtain an alteration of the boundary line run by Donalson, and to have the road to and through the Cumberland Gap included in a cession then to be obtained; for that was the passage through which the people of Virginia traveled to Kentucky. Provisions were ordered to be supplied to the Indians who might be attending on the treaty; and goods, ammunition, salt, and whisky were ordered to be dis- tributed among them. They were directed to procure two per- sons to reside among the Indians, or otherwise to engage twe traders resident in the nation to give the earliest intelligence in their power, from time to time, of occurrences which it was im- portant to be informed of; and they were directed to employ a
1
505
APPENDIX,
gunsmith to reside among the Indians, for the purpose of dress- ing their guns; and they were further instructed, should the treaty succeed according to expectation, to disband the troops who were stationed in Washington County, Va. These instruc- tions were directed to Col. William Christian, Col. William Pres- ton, and Col. Evan Shelby, or any two of them. Col. Gist had been ordered by the government of Virginia to go into the Cher- okee Nation, and to bring to the treaty to be held at Fort Patrick a number of Indians.
On the 30th of June Oconostota and others who accompanied him came to the fort on the Holston with Col. Christian. A few minutes afterward came the commissioners from North Car- olina-Waightstill Avery, William Sharpe, Robert Lanier, and Joseph Winston, Esqs. Gov. Caswell appointed commissioners and instructed them on the 12th of June.
On the 2d of July an Indian warrior called "The Big Bul- let" was privately killed by some rash person, which nearly put an end to the intended treaty. The Indians were greatly alarmed, and did not seem to have entirely recovered from their fears till after the lapse of some days and the most solemn as- surances from the commissioners that the actor would be pun- ished by death, could it be discovered who he was; and they of- fered by proclamation a reward of six hundred dollars for his apprehension.
The 4th of July came on, and was celebrated with considera- ble parade in the presence of the Indians; and they were in- formed in a written address of the cause of the festivity, and of the nature of the dispute between Great Britain and the United States. The chiefs continued to come in slowly till the 10th, on which day arrived "The Tassel," from Chota. On the same day "The Raven" arrived, and Willenewaw. In the evening old Tassel made a speech, in which he professed a desire for peace. Atta kulla kulla was present, as well as Oconnestota. Some speeches were made by the Indians, and they still dwelt on the death of "The Big Bullet," saying, however, that they imputed no blame to any but the individual offender who committed the act.
On the 13th Col. Christian opened the conferences. As usual on such occasions, he was greatly desirous of peace, attributed the late war to the bad advice which they had received from evil-disposed white persons who lived in the Nation, and lament-
506
HAYWOOD'S HISTORY OF TENNESSEE.
ed the sufferings which they had experienced in consequence of it. He invited them to open their hearts, and to lay before the commissioners, unreservedly, all the complaints they had. He spoke of a boundary to be made between them and the white people, and of the authority which he had received from the Governor of Virginia to make it. He regretted the absence of Judge Friend, "The Dragging Canoe," "The Lying Fish," and young Tassel. Mr. Avery followed in a speech of some length, which dwelt on similar topics.
On the 15th various papers were introduced and read, and among others a treaty which the people of Georgia and South Carolina had made with the Cherokees on the 20th of May, 1777, in which was contained the cession of an extensive territory. Oconnestota on this day informed the commissioners that "The Old Tassel" and "The Old Raven" were speakers for him and the whole nation; that to them he had resigned his power on account of his age, but if they ever should speak contrary to his sentiments he would put them right. "The Raven" then rose and delivered them a speech. He rejoiced in the prospects of peace, and was grateful for the attention and good treatment which Oconnestota and his attendants had received from the Governor and people of Virginia on his going and returning from Williamsburg. "My elder brother, of Carolina," said he, "will open the doors of peace, as well as Virginia, that we may see each other clearly, and that they may stand open everlast- ingly." He then adverted to the invitation he had received to make a free disclosure of his complaints, and then proceeded: "I believe that long before my remembrance this land was first found out; the time you know, as you have writings. But I do not know when the first settlements were made on these waters. I believe they were before my remembrance, by the time these medals were given to us [showing a medal ]. Ever since these have been among us we have been more and more distressed; my grievances have been for several years." He spoke of the bad advice which Cameron or Stewart had given him, of his having followed it, and of the difficulties into which he had been led by it. He wished for a boundary to be fixed which could not be passed. He mentioned his own poverty and the . commiseration which now the white people seemed to bestow on him.
1
507
APPENDIX.
"The Old Tassel" rose, and wished for a peace of eternal du- ration, and again adverted to the death of "The Big Bullet." They were grieved at the proposal of Col. Williamson, of North Carolina, to have a considerable part of the lands which his people claimed, and he invoked the pity of the great men of Virginia and North Carolina, and begged that they would do him justice. The provisions of the Indians, he said, were nearly destroyed and themselves stinted for room, because of the encroachments made upon their lands.
Col. Christian replied, and brought unequivocally into view the necessity for fixing a boundary between them and Virginia, so as to prevent all future dissensions for want of known limits. He wished them to state who were the people who had settled on their land, and by whom and where they had been injured, to the end that it might be in the power of the commissioners to give them an answer the next day, when the commissioners intended to propose a boundary.
On the evening of the 15th "The Raven" spoke again. He hoped for justice from the commissioners. "We have been trespassed upon," said he, "by bodies of people upon our hunt- ing-grounds." He wished the Long Island of the Holston to be reserved for holding their treaties and conferences with the white people upon; and after the boundary established, he de- sired that the white people settled upon the Indian territory might not be removed till their crops were gathered in, and he proposed a boundary. He specified the settlements which the white people had made upon the lands of the Indians; and when asked by Mr. Avery if the Indians in some instances had not consented to those settlements, he admitted the fact, but as- cribed it to the fears they were under, and to an expectation of redress from the government. Oconostota denied an absolute sale of the lands to the people on Watauga and Nolichucky. He had told them before the war that he would send to the king, and if he agreed to it they might stay where they were, but that his consent must be had. "They gave us guns," said he, "but as they made a great deal of grain, raised stock, and destroyed our hunting-ground," he had told them that he could not take pay for the lands, but the rent only.
On the 16th Col. Christian spoke; ascribed the settlements to the orders formerly given by George the Second. He proposed
50S
HAYWOOD'S HISTORY OF TENNESSEE.
a boundary from a point in the river to a point two or three miles below Cumberland Gap, for the convenience, ease, and safety to the travelers to Kentucky. He exhorted them not to agree to any thing they did not approve of, and assured them that they had not been invited to that distance from their own settlements in order that advantages might be taken of their situation; and that, although they should differ in opinion, they should receive the most perfect protection, and be conducted in safety to their homes. He pressed them to utter their senti- ments without fear or reserve. "The Old Raven" showed his great reluctance at the proposed boundary, and wished for time to consult with his people. Mr. Avery spoke of the boundary established by "The Big Wolf" (Gov. Tryon ), and of the set- tlements on Watauga without the consent of the Governor of North Carolina, and of their great displeasure on hearing that the Indians had bargained away their lands to these settlers without consulting these Governors, who were neither pleased with the Indians nor with the settlers, and by this means place them between the inhabitants of Carolina and themselves. In this time of peace, he said, they were not driven away nor moved off, nor were they taken under protection by the Governor of North Carolina. They were let alone; no officers were appoint- ed for them by the government, and no judge appointed to pre- side on seats of justice there. The Indians made no request to the Governor and council to have them removed; and when the Cherokees began the late war, they broke over the line between them and the white people agreed upon and fixed by "The Big Wolf" (Gov. Tryon), and they had killed our people on the head waters of the Catawba and Broad Rivers. "An army was raised and sent out upon the path which you had made dark and bloody," said he; "and at the same time, by the desire of these settlers on the waters of the Watauga and Nolichucky, they were taken under the protection of North Carolina, and were supplied with money, ammunition, salt, etc. They were re- ceived and taken in as a part of our people. We promised to support them in that place, and by the assistance and power of North Carolina they have lived there in time of war. Before the war, this power was restrained and kept back beyond the line fixed by The Big Wolf,' but now you have been the cause of bringing it to the Watauga and Nolichucky, and now our courts
-
509
APPENDIX.
must be established here. The power of North Carolina is able to remove this people as you request, but you made war, and then we took them for our people. You have made it very diffi- cult for us to remove them, and it would be more agreeable to our Governor and great council that they should stay. Should a line be now established, we desire for the future that you will not consent to any settlements of the white men on your side of the line without the consent of our Governor and great council, or commissioners by them appointed; and we desire from you a promise that you will not hereafter sell, rent, or make any agree- ment whatever with private persons respecting lands on your side of the line in our range, or privilege of hunting there, for fear of the disturbances which may thence arise." He promised that the commissioners would recommend to the Governor and great council of North Carolina to make laws for the punish- ment of those who should encroach on the Indian lands. He wished a boundary for the perpetuation of friendship. He in- vited them to act freely in accepting or rejecting the proposed boundary line, and disavowed any intention to use compulsion. He proposed a boundary below the white inhabitants, begin- ning at the ford on the Holston where the path crossed at the lower end of the valley; thence toward a point about three miles below Cumberland Gap, until it intersects the line hereafter to be extended between the States of Virginia and North Carolina; and from the said ford, a direct line toward Nolichucky River, five miles west of the mouth of McNamas's Creek; thence south, crossing Nolichucky to the southern bank thereof; and thence south-east into the mountains which divide the hunting-grounds of the Overhill towns from those of the middle settlements. "The Old Tassel" expressed very great reluctance to the pro- posed boundary, and wished the commissioners to write a letter to Gen. Washington by Col. Gist.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.