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 50
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In a speech which he made the next day, the 17th of July, he approved of every thing the commissioners had said, except the boundary which they proposed. He suspected from their ask- ing for so much land that the commissioners meant to entrap them and draw them to a refusal so as to get an excuse for further hostilities. He doubted their authority to apply for a cession of so much land. He had not expected proposals for land, but only for peace. He was willing to leave the subject
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HAYWOOD'S HISTORY OF TENNESSEE.
of the cession to the Governor of Virginia. He alluded to much imposition which he had suffered on the subject of lands. "And," said he, "if this and another house were packed full of goods, they would not make satisfaction. In this speech he often re- peated his dissatisfaction at the proposed boundary. It would spoil the hunting-grounds of his people. "I hope you will con- sider this and pity me; you require a thing I cannot do." He turned to the commissioners of Virginia, and expressed satis- faction at the appointment they had made of an agent to reside in his country, and promised him safety and kindness. Col. Christian wished that some of the Cherokee young men might accompany Col. Gist to Congress and the army of Gen. Wash- ington. In passing through the country they would see its riches, grandeur, and population; the great council of America, and the greatest army which ever had been collected in Amer- ica. "The Old Tassel" hoped that Gen. Washington would get him some redress for the great injury done him in taking away one of his principal towns, which he intimated had been done by the people of South Carolina.
The commissioners of North Carolina would not agree as pro- posed by those of Virginia to give any sums of money for lands, nor to any other boundary than that which had been already proposed, for that alone would include the inhabitants on both sides of the Holston River. North Carolina, they said, had been at the expense of protecting these settlements during the war, and that was consideration enough for the cession they sug- gested. Col. Christian, in a speech to the Cherokees, offered them for the small cession that Virginia wanted two hundred head of breeding cows and one hundred sheep. He promised to send an agent into their country, to reside at Chota, to write them letters, and deliver to them the communications from Vir- ginia, and a gunsmithi to repair their arms. With a little vari- ation the line proposed by Virginia was agreed to by "The Raven," after consulting with the other Indians. He wished it to be as a wall to the skies, so that it should be out of the pow- er of all people to pass it. He agreed to this boundary, in con- fidence that no man would be permitted to pass it, and to the appointment of an agent to reside in the Cherokee Nation, and to give intelligence of all that passed there. But upon the rep- resentation of Col. Christian that the line as proposed by the
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APPENDIX.
Indians would leave out twenty of the white settlers, and that the line as the commissioners proposed it would include them, "The Raven " agreed to the line as proposed by Virginia. Mr. Avery spoke of the little disposition which the Indians seem to have had for some years past to cultivate and improve the friendship existing between them and North Carolina, and in- stanced the small attendance upon the treaty they were invited to come to in April, 1776, when there was a person appointed to hold conferences with them and to make presents to them. He proposed an agent to reside at Chota. He declared the sincer- ity with which the commissioners of North Carolina were seek- ing for peace. But he said that the peace could not be lasting if they would not settle a boundary line with the people of North Carolina, for want of knowing how far to go. The Gov- ernor of Virginia had nothing to do with the affairs of North Carolina, and no reference could be made to him; and it was mysterious, he said, that they had not expected an application for the establishment of a boundary, which was so necessary a part of the treaty. The voluntary withdrawal of the armies of the white people from the country of the Cherokees, when they might have remained there and have built forts, is full proof that the white people did not wish for an excuse to drive them away. The people of North Carolina wished to establish courts of justice on the Watauga, to keep bad men in order, and to punish with death such of them as could not be reclaimed and governed. The people on the Watauga and Nolichucky could not be removed, since they had been under protection in time of the war, which the Cherokees themselves by going to war had made necessary; and that it was now unreasonable for the Cherokees, under such circumstances, to demand their removal. " You claim," said he, " compassion for your distresses, and dur- ing the war you distressed the inhabitants of Watauga and Noli- chucky; you destroyed their substance, and endeavored to kill them; North Carolina, seeing their distress, pitied them and gave them help and support. The damages they received were very great, and they are still in distress and entitled to the pity and protection of North Carolina, which you must think it is right to afford them." He pressed upon them to be friendly in order to have friends. He mentioned the non-restoration of the horses they had taken from the white people, which they
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HAYWOOD'S HISTORY OF TENNESSEE.
had promised to return, but had failed to do so. He then pro- posed another boundary, which they agreed to, and is the same which is inserted in the treaty. "The Tassel," after consulta- tion with his people, agreed to the boundary, complaining at the same time that nothing was paid to them for it, and of the hardship of demanding their lands; "but," said he, "I give them up." He wished, however, that the concession should not be considered final till Gen. Washington's opinion could be ob- tained. This Mr. Sharp, in a speech made to them, objected to, as being a matter between North Carolina and the Cherokees, which none but themselves could settle. And he called upon them to remember that he promised them no reward but friend- ship. "The Raven" hoped that the Governor of North Caroli- na would take pity on them and make compensation for the land, for it had always been customary, when lines were run, to get something for the lands they included. He hoped for pity, but the line should be made as he gave up the land. The com- missioners of North Carolina appointed Capt. James Robertson temporary agent for North Carolina, and in their written in- structions directed to him to repair to Chota in company with the warriors returning from the treaty, there to reside till oth- erwise ordered by the Governor. He was to discover, if possi- ble, the disposition of " The Dragging Canoe " toward this treaty, as also of Judge Friend, "The Lying Fish," and others, who did not attend it, and whether there was any danger of a re- newal of hostilities by one or more of these chiefs. He was also to find out the conversations between the Cherokees and the southern, western, and northern tribes of Indians. He was to search all the Indian towns for persons disaffected to the American cause, and have them brought before some justice of the peace, to take the oath of fidelity to the United States, and in case of refusal to deal with them as the law directed. Trav- elers into the Indian Nation without passes such as the third article of the treaty required were to be secured. He was immediately to get into possession all the horses, cattle, and other property belonging to the people of North Carolina, and to cause them to be restored to their respective owners. He was to inform the government of all occurrences worthy of notice, to conduct himself with prudence, and to obtain the favor and confidence of the chiefs; and in all matters with re-
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APPENDIX. 513
spect to which he was not particularly instructed, he was to ex- ercise his own discretion, always keeping in view the honor and interest of the United States in general, and of North Carolina in particular. These instructions were dated on the same day the treaty was signed, the 20th of July, 1777. The commission- ers addressed a letter to the chiefs and warriors of the middle, lower, and valley towns, on the 21st of July, informing them of the treaty of peace, which they had just signed, and of the in- tention of the commissioners to recommend to the Governor the holding of a treaty with them, of which he should give due notice to them of the time and place. They promised protec- tion and safety to the chiefs and warriors who should attend it, and a suspension of hostilities in the meantime; and they re- quested that the messengers who should be sent from North Carolina to their towns might be protected from insult, be per- mitted to perform their business, and to return in safety. The commissioners of Virginia earnestly advised them to be at peace, reminding them of the sufferings which war had brought upon them, and of the blessings which peace bestows; and they were urged to meet the people of North Carolina in treaty, and to settle all differences with them. The commissioners of North Carolina, finding it impossible to procure hostages, encouraged five of the Indians to go to Rowan County to visit some of their friends there, who had been made prisoners in the late war, and to remain there until the treaty with the middle settlements. They were placed under the care of Maj. Wommack, and a writ- ten protection, with instructions for their safe conduct, was put into their hands. It stated the articles of peace which had been signed, and the names of these five Indians. The major was directed to conduct them in safety to the Quaker Meadows, and there deliver them to Col. Charles McDowel, who would have them safely conveyed to the house of William Sharpe, in Rowan County. They were recommended to the protection of all officers, civil and military, in the State of North Carolina, and the kind treatment of all the good people thereof. The motives for this recommendation were stated to be that whilst these Indians remained with the white people they would be a security for the good behavior of their people, and that good treatment to them would be the means of inducing others to come, who, when the like measures shall be necessary, may answer the same val-
33
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HAYWOOD'S HISTORY OF TENNESSEE.
uable purpose. The commissioners wrote to the persons who had the three prisoners in their custody to send them to the house of William Sharpe, that they might all be collected at one place, and remain there till further orders from the Gov- ernor.
Separate articles were made and signed by the commissioners of Virginia and the same Indians, on the same 20th of July, 1777.
Being about to introduce into the Appendix a document re- lating to the purchase of lands made by Henderson & Co., of the Overhill Cherokees, it is proper to preface it with the transactions of the company from the date of their purchase, on the 17th of March, 1775. Soon after the purchase Hender- son & Co., in order to people the country they had acquired, and to which they gave the name of Transylvania, issued a proc- lamation offering favorable terms to settlers. By it every per- son who should settle in Powel's Valley, within the purchased territory, and raise a crop, in the year 1775, was to be entitled to five hundred acres in his own right, and each taxable person in his family to two hundred and fifty acres; and the company engaged to make the settlers good and sufficient titles for the quantities to which they might be respectively entitled. Joseph Martin was appointed entry-taker, to receive and make entries of the lands belonging to the company. Each person on mak- ing the entry was to pay the entry-taker $1 as his fee, and to pay the proprietors, on receiving a grant, at the rate of 20s. sterling per hundred acres.
On the 31st of March, 1775, Richard Henderson, for himself and company, gave Martin a power of attorney, authorizing and empowering him to settle and people Powel's Valley, in con- formity with instructions then furnished. He was directed not to sell lands to any persons, except such as should make corn in the valley that year, and should be honestly inclined to be- come industrious inhabitants and to promote the felicity of the community. He was restricted from selling after that spring, without further orders, and was authorized to determine all dis- putes between parties respecting their lands.
About the last of April, 1775, Martin arrived in Powel's Val-
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APPENDIX.
ley, and opened an office to receive entries of such lands as the settlers became entitled to.
On the ISth of November, 1775, John Williams, one of the partners, for himself and as agent for the rest, by advertisement requested such persons as were entitled to lands by the terms of the proclamation of the company to come forward and make their entries, properly located, that surveys might be made and deeds issued. He at the same time gave Martin further instruc- tions, specifying on what terms lands should be sold in Transyl- vania until the 1st of June, 1776. By the latter instructions no survey was permitted to contain more than six hundred and forty acres. Purchasers were required to pay for entry and sur- vey, $2, for surveying and a plat, 84; for a deed with the plat annexed, $2; and to the proprietors, at the time the title was completed, at the rate of £2 10s. for each hundred acres, and an annual quit rent of 2s. for each hundred acres to commence in the year 1780.
Any person settling before the 1st of June, 1776, was permit- ted to take up, on the above-mentioned terms, six hundred and forty acres for himself, and three hundred and twenty acres for any taxable person belonging to his family. Surveys were to be run to the cardinal points, unless rivers or mountains ren- dered it inconvenient, and on a navigable river were directed to be not more than one-third longer than wide; and on such wa- ter-course they must extend two poles back for one in front, and surveys approaching within eighty poles of each other were in- variably to join.
The company watched over their concerns with the greatest diligence, nor did they suffer any opportunity to pass without manifesting a determination to use all the means within their reach for the support of their claim in all its parts. When the commissioners appointed to make peace were holding a treaty at Fort Patrick Henry, near the Long Island of the Hol- ston, in July, 1777, on the 1Sth of the month, they presented a memorial to the commissioners, a copy of which follows:
To the Gentlemen Commissioners Appointed by the States of Virginia, North Carolina, and South Carolina to Negotiate a Peace and Settle a Boundary between the Cherokee Indians and the White People.
The memorial of Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, William Johnston, John Luttrell, James Hogg, David Hart, and Leo. Hen. Bulloch showeth that your memorialists did, on the 17th of March,
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HAYWOOD'S HISTORY OF TENNESSEE.
1775, purchase of the said Cherokee Indians, in fair and open treaty, a large tract or territory of land, lying on the Ohio and the branches thereof, and immediately adjoining the line lately run by Col. Donalson as a boundary between the Virginians and the said Cherokees, which was at that time con- veved by two separate deeds from the Cherokees to your memorialists, by which said purchase and deeds all the lands below or on the south-east side of the Kentucky or Louisa River up to the head thereof, or to where Col. Donalson's line strikes or crosses the same; thence along said Donalson's line to the Holston River, six miles above the Long Island; thence down the said river to where the course of Powel's Mountain strikes or intersects the same; thence north-eastwardly along Powel's Mountain, or the course there- of, to a point from which a north-west course will strike the head of the most southwardly branch of the Cumberland River; thence down the said river, including all its waters, to the Ohio; thence up the Ohio to the mouth of the said Kentucky or Louisa River, were granted and conveyed to your memo- rialists with free liberty of forming immediate settlements thereon, without the least disturbance or molestation of them, the said Indians. And where- as the settling and agreeing on a boundary line between the said Indians and white people seems to be a principal object under your consideration, and what we suppose you have full power to perform, we hope regard will be had to our said purchase, so far as not to permit the Indians to reclaim the lands, or any part thereof, which by consent of the whole nation they so fairly sold and willingly gave up.
Your memorialists conceive, with great deference to the gentlemen com- missioners, that the Cherokees cannot, nor in justice ought they, to enter on the lands on the north side of the Holston, nor hunt there, above where the course of Powel's Mountain intersects the said river, nor in any manner be permitted to enter on the land sold as aforesaid to your memorialists.
Your memorialists acknowledge that some of the good people of Virginia have given out in speeches that the lands so bought of the Cherokees were not the property of your memorialists, but belonged to that State or Com- monwealth; that in consequence of such claim the matter is to be heard on the third Monday in their next session of Assembly, at which time your me- morialists have no doubt but that the Assembly will disclaim all pretensions to the lands in dispute, and the title of your memorialists become firmly and indisputably established; as the treaty and purchase are matters of public no- toriety, and the depositions respecting that matter are now in the possession of the Virginia Assembly, so that they cannot at this time be laid before the commissioners for treating and settling a boundary between the Cherokees and white people.
Your memorialists hope that the commissioners will not proceed to run a line through their purchase, or yield any part of the lands contained therein to the Indians, as it will be a manifest injury to private property, and what no law or policy whatever can require; as the Indians voluntarily and for a valuable consideration gave them up, and after a most deliberate consultation agreed forever thereafter to restrain themselves from reclaiming or demand- ing the lands in question.
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APPENDIX.
This memorial was dated on the 1Sth of June, 1777, and was signed by all the members of the company.
The commissioners, after the perusal of the memorial, unani- mously accorded in the opinion that as they had no instructions from their respective governments to inquire into the validity of private purchases from the Cherokees, and as they were fully satisfied that should the commissioners then interfere with the Indians to support the private claims mentioned in the memorial it would at that critical time be attended with bad consequences to the treaty of peace then carrying with that nation, and as the matter did not properly come before them, that they ought not to take any notice of the memorial in any of their conferences with the Indians.
In the month of May, 1783, the company presented a lengthy memorial to the Assembly of North Carolina upon the same subject, and procured the report of a committee upon it, which eventuated in the act of Assembly above mentioned that secured to them the two hundred thousand acres of land in Powel's Val- ley, before described.
The committee who were appointed to consider their memo- rial reported that they had purchased a large tract of country from the Indians, that the purchase was illegal, and that at- tempts to monopolize lands were dangerous and injurious to so- ciety. But as by means of this purchase peaceable possession of the country might be obtained from the Indians, the com- panyought to be compensated for their trouble and for the great expense and risk which they had incurred. This report being concurred with, the act was passed for giving them two hundred thousand acres of land in Powel's Valley, and pursuant thereto a grant issued for the tract which it specified.
THE COPY OF A LETTER
Left by the Cherokees at Gillespie's Station, Which They Took on the 15th of Octo- ber, 178S.
OCTOBER THE 15TH, 17SS. To Mr. John Sevier and Joseph Martin, and to You, the Inhabitants of the New State.
We would wish to inform you of the accident that happened at Gillespie's Fort, concerning the women and children that were killed in the battle. "The Bloody Fellow's " talk is that he is now upon his own ground. He is not like you are; for you kill women and children, and he does not. He
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HAYWOOD'S HISTORY OF TENNESSEE.
had orders to do it, and to order them off the land; and he came and ordered them to surrender, and that they should not be hurt; and they would not, and he stormed it and took it. For you beguiled the head man,* that was your friend and wanted to keep peace; but you began it, and this is what you get for it. When you move off the land, then we will make peace and give up the women and children; and you must march off in thirty days. Five thousand men is our number.
BLOODY FELLOW, CATEGISKEY, JOHN WATTS, GLASS.
* " The Old Tassel."
THE END.
INDEX TO
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
By JOHN HAYWOOD
Compiled by ZELLA ARMSTRONG
This Index of the Edition of 1895, Which Is an Exact Reprint of the Edition of 1823, is published by
THE LOOKOUT PUBLISHING COMPANY Chattanooga, Tennessee, 1939
Haywood's Civil and Political History of Tennessee, source of much of what has since been written of the Volunteer State and the Southwest, published in 1823 and in a later edi- tion in 1891, has lacked an index. When Judge John Hay- wood prepared the history indices were not considered vital and even when his grandson, William H. Haywood, reprinted the volume in 1891 they were not deemed necessary.
Librarians and researchers have regretted the absence of an index to this valuable source book with its literally thousands of references.
At the suggestion and earnest desire of Miss Augusta Brad- ford, Librarian of the B. F. Thomas Historical Room in the Chattanooga Public Library, an index was prepared for use in the Historical Room. Later, again at her insistence, plans were inaugurated for its publication.
It is, therefore, with appreciation of her unselfish interest in the History of Tennessee and the Southwest and her courtesy and aid to historians and genealogical researchers who assemble in the well stored Historical Room of the Chattanooga Public Library that the compiler of this Index to Haywood's Civil and Political History of Tennessee dedicates the pages to
MISS AUGUSTA BRADFORD
ZELLA ARMSTRONG. Chattanooga Tennessee, April 1, 1939.
A
ABINGDON-45, 55, 56, 61, SS, 394. ABRAHAM-Chief Old, 65, 195, 503 ACKENSA-39.
ADAIR-38.
ADAIR-John, 259.
ADAIR-Major, 281.
ADAMS-249.
ADAMS -- George, 49.
ADVENTURE-(Col. Donelson's boat), 98, 99, 100, 101, 106.
ALABAMA FORK-354, 360.
ALABAMA RIVER-429.
ALABAMA TERRITORY-35.
ALAMANCE -- 51.
ALBEMARLE-17.
ALEXANDER -- 24, 25, 499.
ALEXANDER-Mr., 383.
ALGERINES-337.
ALLEGHANY MOUNTAINS-39, 47, 81, 88, 149. 163, 213.
ALLEJOY-467, 479.
ALLEN-John, 230.
ALLEN-Robert, 211.
ALLEN-William. 91.
ALLERTON-Alexander, 219.
ALLISON-David, 194.
ALLISON-Robert, 171.
ALSTON-Philip, 143.
ANDERSON-Colonel, 119.
ANDERSON-John, 155.
ANDERSON-Joseph, 262.
ANDERSON-Judge, 323.
ANDERSON-Luke, 237, 409.
ANDERSON-William, 49.
ANNA-KE-HU-JAH-Chief, 504.
ANNEKAH-Chief. 504.
APPALACHIAN MOUNTAINS-31, 32, 120, 123, 140, 163, 167, 207, 225, 228. 248, 432, 442.
ARKANSAS RIVER-35, 39. 94.
ARMSTRONG-Francis, 107, 218, 340, 346.
ARMSTRONG-John, 32, 121, 123, 263, 347, 470, 496.
ARMSTRONG'S FORT-142.
ARTICLES OF CONFEDERATION- 226.
ASHER'S STATION-126, 244.
ASPEY-George, 136, 219.
ASPEY-Robert, 127.
ASPIE-223.
ASSEMBLY OF FRANKLAND-155, 161. 162, 163, 164, 165, 168, 170, 173. 182, 187.
ASSEMBLY OF GEORGIA-172, 173, 182, 184. 186.
ASSEMBLY OF NORTH CAROLINA- 68. 69. 70. 71. 73. 85, 113. 115, 117. 118, 119, 120, 127, 136, 137. 138, 130.
147, 148, 149, 153, 154, 156. 157, 158, 160, 168, 169, 173, 175, 176, 177, 179, 180, 157, 188, 190, 191, 206, 208, 209, 210, 211, 212, 213. 214, 217, 222. 224, 225, 226, 242, 243, 250, 254, 255, 258, 259, 264, 290, 291, 346, 347, 417. 41S, 516, 517.
ASSEMBLY OF SOUTHWEST TER- RITORY-313, 314, 315, 432, 484.
ASSEMBLY OF VIRGINIA -- 166, 167. ASTIL-245.
ATLANTIC CITIES-315.
ATLANTIC STATES-265, 266.
ATTA-CULLA-CULLAA-Chief. ( Little Carpenter), 41, 44, 468, 504, 505.
ATAHUALPA-430.
ATTUSAH -Chief, 503.
AUGLAISE RIVER-329.
AUGUSTA-76, 394.
AUGUSTA COUNTY, VA .- 49.
AVERY-Waightstill, 68, 140, 503, 505, 506, 507, 50S, 511.
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