History of southwest Virginia, 1746-1786, Washington County, 1777-1870, Part 8

Author: Summers, Lewis Preston, 1868-1943
Publication date: 1903
Publisher: Richmond, Va. : J.L. Hill Printing Company
Number of Pages: 936


USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 8


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IN WITNESS whereof, we the Chiefs of the Confederacy, have hereunto set our marks and seals at Fort Stanwix, the 5th day of November, 1768, in the 9th year of his Majesty's reign.


Signed, Sealed and delivered,


In presence of


Sir William Franklin, Gov. N. J.


Fred Smith, Chief Justice,


Thos. Walker, Commiss'r from Va.


Richard Peters,


James Tilghman, Of the Council,


His.


Texanasore, or Abraham,


Mark. [L. S.]


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His


Conaquieso,


[L. S.]


Mark.


His


Sugnaregsora,


[L. S.]


Mark.


His


Blunt or Chenughita,


[L. S.]


Mark.


His


Tigaya,


[L. S.]


Mark.


His


Gostrave,


[L. S.]


Mark.


This Congress was attended by 3,200 Indians of the different tribes composing the Six Nations, and thus the title of the North- ern Indians to all the territory included within Washington coun- ty was extinguished.


The Confederacy of the Six Nations claimed, by right of con- quest, title to the lands thus ceded. About the year 1685 this Con- federacy of Indians overran and conquered all the country south- wards from the Ohio as far south as Georgia and as far west as the Mississippi. An immense territory, 1,200 miles long and 600 miles broad.


It will be observed from an inspection of this deed that Dr. Thomas Walker was the Virginia Commissioner at this Congress, and he was beyond question interested in the successful negotiation of this treaty, not only in behalf of Virginia, but to a greater extent in behalf of the "Loyal Land Company," of which he was a part owner and the agent. Nothing was of greater importance to the "Loyal Land Company" than the extinguishment of the title of the Indians to the lands on the western waters, out of which they had a grant for 800,000 acres of land, and from the prosecution of their work in surveying, settling and selling the same, they had been re-


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strained and prohibited by the King's proclamation in 1763, and by the action of the Governor and the Council of Virginia.


About the same time John Stuart, Superintendent of Indian Affairs in the South, concluded a treaty with the Cherokee Indians in the absence of Dr. Walker, by which the British Crown acquired the right to all the land lying east of a straight line passing by Chiswell's mine, on the eastern bank of the Great Kanawha* River, and from Chiswell's mine on the eastern bank of the river in a straight line to the confluence of the Great Conhoway in Ohio. The Commissioner of Indian Affairs communicated the result of the treaty to the Governor of Virginia by letter, which letter is as follows :


Hard Labor, Oct. 17, 1768.


Sir :


I have the honor to acquaint you in obedience to his Majesty's commands, on the 13th curr't, I met at this place all the principal Chiefs of the upper and lower Cherokee Nations, and on the 14th by his Majesty's royal authority concluded the Treaty with said Indians, ratifying the cession of land lying within the Provinces of South Carolina, North Carolina and Virginia by them to his Ma- jesty and His heirs forever, and confirming the Boundary line marked by the Lords Commissioners of Trade and Plantations, ac- cording to the several agreements entered into with said Indians. The line now ultimately confirmed and ratified by said Treaty was as follows :


From the place called Towahilie, on the Northern Branch of the Savannah River, a North 50 degrees East course in a straight line, to a place called Dewisses corner, or yellow water, from Dewisses, or yellow water, a North 50 degrees East course in a straight line to the south bank of Reedy River, at a place called Wanghoe, or Elm Tree, where the line behind Carolina terminates. From a place called Wanghoe, or Elm Tree, to the South Bank of Reedy River, a course in a straight line to a mountain called Tagon Mountain where the great ridge of the mountains becomes impervious. In a straight line to Chiswell's mine on the Eastern Bank of the Great Conhoway River, to a N. B. E. course, and from Chiswell's mine on the East- ern Bank of the Great Conhoway in a straight line to a North course


*New River.


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to the confluence of the Great Conhoway with the Ohio. As soon as possible after my return to Charlestown I shall send you extracts of my conference and an authentic copy of the above mentioned Treaty concluded with said Chiefs. I acquainted the Chiefs that I expected their Deputies to set out immediately from this place with my Deputy to meet your Commissioners at Colonel Chis- well's Mine in order to finish marking the Boundary line, as agreed upon, but they objected, and desired that that service might be de- ferred till the spring of next year. The reasons they urged for this delay are as follows: That when they set the 10th of Novem- ber for the time of meeting your Commissioners to proceed upon that important service, they understood that they had no more to mark than from the mountains where the line behind North Caro- lina was, to Chiswell's Mine on the Conhoway, as they considered the river from there to its confluence with the Ohio as a natural Boundary. But as the line is to run in a straight line, almost due North from the Mine, to the mouth of the river, the advanced season of the year will render that service impracticable until the Spring, as the line now ultimately agreed upon runs through a large extent of mountainous country, uninhabited, where in the winter the cold will be extremely intense, and there will be no shel- ter for men, nor food for horses at that season. The reasons ap- peared to me so just and good, that I was obliged to acquiesce in them, and I send this letter by Express to prevent, as much as pos- sible, any disappointment that may result from this alteration. I hope you will receive it in time to prevent your Commissioners from setting out. The Chiefs have appointed the 10th of May next for meeting your Commissioners at Chiswell's Mine, which I hope will prove agreeable and their reasons for altering the time satis- factory to you. I reproached the Cherokees severely for the mur- der of five emigrants from your provinces, who were going to the Mississippi, which was committed in the summer last. They con- fessed it and said the perpetrators were a party of Chilhowie peo- ple who urged in their own defence, that their relations had been killed in Augusta County, in the province, in 1765, for which they had never received any satisfaction although repeated promises had been made either of putting the guilty persons to death, or making a compensation in goods from your province, which they believed, because I had confirmed them. That they nevertheless


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were disappointed, and being tired with waiting, took that satis- faction which they could not obtain from our justice. All the warriors declared that they disapproved of the action, but that the Chilhowie people were authorized by the custom of their country to act as they did, and their idea of never having received any satisfac- tion was undeniable; that in any other instance nothing should pre- vent their executing strict justice according to Treaties. It is not only extremely disagreeable to myself, but very detrimental to his Majesty's service, to be obliged to fail in any promise I make to Indians. The compensation of 500 Indian dressed Deer skins value in goods for every person murdered, which on the faith of Gov. Fauquier's repeated letters, I engaged them to receive, early in the Spring, was extremely moderate, and this you will acknowledge if you will compare it with the sum expended by the Province of Pennsylvania, on a late similar occasion. And I must confess that this disappointment will render me extremely cautious in making promises on any future occasion. .


I am to meet the Chiefs of the Upper and Lower Creek Nations at Silver Bluff on Savannah River, the first of November, to ratify the cessions to his Majesty in the two Floridas and Georgia, and expect to be at Charlestown by the time the bearer can return there.


I have the honor of being, very respected Sir,


Your most obedient and very humble servant,


JOHN STUART.


It will be observed from a perusal of the above letter that the superintendent contemplated the running of the line, as fixed by the treaty, immediately, but the Indians insisted upon postponing the time for running this line till the 10th day of May, 1769.


This treaty gave great dissatisfaction to the Colony of Virginia and to Dr. Walker, the agent for the "Loyal Land Company," for, at the time the treaty was negotiated, hundreds of settlers had fixed their homes on the lands west of the line as fixed, and not only had many settlers occupied portions of these lands, but Dr. Walker as agent for the "Loyal Land Company," and Col. James Patton's representatives, had actually surveyed and sold large and numer- ous tracts of land lying in the present counties of Pulaski, Wythe, Smyth and Washington, and west of the line fixed by this treaty. The result of this treaty gave the Indians an excuse for depredating


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on the settlers, and the settlers were forced to the necessity of denying the rights of the Cherokee Indians to the lands thus set- tled.


The settlers on Holston denied the right of the Cherokees to the lands included within this county, and under the claim that the lands belonged to the Confederacy of the Six Nations, they held possession of their lands and continued their settlements. Dr. Thomas Walker acted as the Virginia representative in the mak- ing of the treaty at Fort Stanwix in the fall of the year 1268 and, by December of that year, had communicated the result to the emigrants along the borders, and no longer could the settlement of this country be postponed. In the winter of 1768 and the early part of the year 1769, a great flood of settlers overran Southwestern Virginia and advanced as far south as Boone's Creek in East Ten- nessee.


The one settler who ventured farthest into the wilderness was Captain William Bean, who, with his family, settled on Boone's Creek, early in the year 1769. His son, Russell Bean, was the first white child born in Tennessee.


When Col. William Byrd visited the Long Island in 1:60, two men, by name Gilbert Christian and William Anderson, accompa- nied his regiment. In this year, 1769, Christian and Anderson de- termined to explore this western wilderness, and, in company with Col. John Sawyers and four others, they crossed the North Fork of the Holston river at Cloud's Fort in Tennessee and explored the wilderness as far as Big Creek, now a part of Hawkins county. where they met a large body of Indians, at which point they deter- mined to return to their homes.


About twenty miles above Cloud's Fort, on the North Fork, they found a cabin on every spot where the range was good, where only six weeks before nothing was to be seen but a howling wilder- ness. When they passed by before, on their outward destination. they found no settlers on Holston, save three families on the head springs of that river.


Just preceding this inrush of settlers, a young Englishman by the name of Smith visited this section of Virginia and describes the country, as he found it, in such an excellent manner that I here copy in full his remarks upon the appearance of the country, as well as the daily journal which he kept. When he had reached


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Southwest Virginia, 1746-1786.


the summit of the mountains above New river, he thus speaks of the view presented :


"Language fails in attempting to describe this most astounding and almost unbounded prospective. The mind was filled with a reverential awe, but at the same time the ideas, and I had almost said soul, were sensibly enlarged. The reflection on our own little- ness did not diminish our intellectual faculties nor consequences, and the mind would boldly soar over the vast extent of the earth and water around, and even above the globe itself, to contemplate and admire the amazing works of the great Creator of all.


In short, the strong, mighty, pointed and extended sensations of the mind at this astonishing period are far beyond the power of human language to describe or convey any idea of.


On the northwest you will observe with great astonishment and pleasure the tremendous and abrupt break in the Alleghany moun- tains, through which pass the mighty waters of New river and the Great Kanawha.


On the west you can very plainly discover the three forks or branches of the Holston, where they break through the great Al- leghany mountains, forming striking and awful chasms.


And still beyond them you may observe Clinch river, or Pelli- sippi; that it is almost equal to all three branches of the Holston. Throughout the whole of this amazing and most extensive per- spective there is not the least feature or trace of art or improve- ments to be discovered.


All are the genuine effects of nature alone, and laid down on her most extended and grandest scale.


Contemplating them fills the eye, engrosses the mind and en- larges the soul. It totally absorbs the senses, overwhelms all the faculties, expands even the grandest ideas beyond all conception and causes you almost to forget that you are a human creature."


He then proceeds to give the details of his journey through this section of Virginia :


"We descended the mountain, and halted for the night on the side of a large rivulet, which we conjectured to be either Little river itself, or some of the waters of it, having crossed the Blue ridge at a most disagreeable and dangerous gap in the afternoon.


Next morning we set out early and traveled down the north side


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Southwest Virginia, 1746-1786.


of the rivulet, which we found to be Little river, until we arrived at New river and at last came to the ford.


The New river is broad, deep and rapid, frequently impassable and always dangerous.


However, we crossed it in safety, though with great difficulty and hazard of being carried down with the stream, and we looked out for a convenient spot on the west side, where we now are, to re- main for the night. The low ground on New river is narrow, but exceedingly rich and fertile ; the high land is also very fine in many places, but excessively broken, rocky and mountainous.


The timber on the high land is very large and lofty, and that on the low ground is almost equal to the prodigious heavy trees on the Roanoke river.


The extreme roughness of this country and the difficulty of ac- cess to it, the roads, or rather paths, being not only almost impas- sable, but totally impossible ever to be rendered even tolerable by any human efforts, will not only greatly retard the settlement of this country, but will always reduce the price and value of the land, be it ever so rich and fertile.


In the morning our horses and ourselves being very much re- freshed, we set out again on our journey, and, after traveling ten or twelve miles, crossed a pretty large water course named Peaks' creek, and soon afterwards a large branch of Reed creek.


In the afternoon we crossed another great ridge of the Alleghany mountains at a gap, and in the evening came to the waters of the Middle Fork of the Holston, where we halted for the night. having traveled this day nearly fifty miles and over a vast quan- tity of excellent land.


Next morning we pursued our journey and traveled down the side of the Middle Fork of the Holston, which we crossed no less than three times this day, and at night came to Stalnaker's, where a few people, indeed all the inhabitants, had also erected a kind of wretched stockade fort for protection against the Indians ; but they had all left it a few days before our arrival and returned to their respective homes.


Here we remained for two days at the old Dutchman's house for rest and refreshment for ourselves and horses, which we had really very much need of, and also to make inquiry concerning our future route.


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Southwest Virginia, 1746-1786.


The land on the Holston is certainly excellent and fertile in the highest degree; the climate also is delightful.


But the value of the estates here cannot be considerable for many years-perhaps centuries to come; for the same roughness that has been mentioned to affect those on New river.


Here we gained intelligence of a nearer way to Kentucky than that commonly made use of, which had very lately been discovered, viz. : by crossing Clinch river about sixty miles from Stalnaker's, going over the great ridge of the Alleghany, or Appalachian moun- tains, at a gap which had been used only by a few of the best hunters, and falling down on the waters of the Warrior's branch, a river that runs into Kentucky. With this route pretty exactly laid down, we set out from the Dutchman's house on the third morning after our arrival, and, after traveling over a vast quantity of exceedingly strong, rich land covered with lofty timber, we reached the banks of the North Branch of the Holston, crossed the river, and put up for the night, having traveled that day more than thirty miles.


The ford of this branch of the Holston is, if possible, worse than any we have hitherto met with, and is indeed extremely dangerous, but we were so familiarized to danger and fatigue as to regard any- thing of that nature but little.


On the next morning we set out on our journey by the route which we had been directed to pursue, and at noon arrived at the summit of a vast chain of mountains which separates the north branch of the Holston from the Clinch river.


Here we had the pleasure of enjoying an extensive, wild and romantic view, particularly that stupendous ridge of the Alleghany, or Appalachian mountains, which is the chief and most lofty of the whole.


It was rendered more interesting to me by reflecting that I must cross it on my journey, our route being directly over it. We made no unnecessary delay, however, on this commanding spot, but de- scended the mountain and pursued with all the expedition we could; and we arrived on the banks of Clinch river late that even- ing, so that we could not venture to cross the ford that night.


In the morning we undertook the hazardous task of fording Clinch river, and accomplished it after several plunges, as usual, over our heads : neither did we halt to dry our clothes until noon, when we rested at the side of a savannah (meadow) ; here we re-


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mained for two hours, and then arose exceedingly refreshed, and pursued our journey.


On the evening we had reached half way up the stupendous west- ernmost ridge of the Alleghany mountains, the last, greatest and loftiest of the whole.


Here we remained all night, concluding to attempt the steepest and most difficult ascent in the morning. We always alighted, and Jed our horses up these prodigious and perilous ascents.


We pursued our journey up the mountain next morning, but the sun was several hours high before we could possibly reach the sum- mit.


This ridge of the Alleghany mountains is indeed of a most stu- pendous and astonishing height, and commands a prospect propor- tionately extensive.


I took a retrospective view, with satisfaction and pleasure, of the vast chain of mountains beyond Clinch river, which I had crossed, and I looked forward, with interested anxiety and eagerness, toward the great ridge of mountains which I had still to pass over.


The summit of this ridge is the most lofty of all the Alleghany. is nearly a mile wide, and consists of excellent strong, rich land of a deep red or a dark reddish-brown color, with very large, tall timber; and there are springs of water almost on the very summit of the mountains. When we rested that night we were on the waters of Warrior's branch."


We give no more of this diary, for our traveler has now passed beyond the limits of the original bounds of Washington county.


The Governor of Virginia, upon the receipt of the letter from John Stuart, the Commissioner of Indian Affairs, immediately set about to undo what had been done by the treaty at Hard Labor, S. C. He thereupon commissioned Colonel Andrew Lewis and Dr. Thomas Walker to visit the Indians and secure a new line from them. On the 5th day of January, 1769, they began their journey to South Carolina for the purpose of seeing the Indians and nego- tiating with them. Dr. Walker and Colonel Lewis returned to their homes in the month of February and made a report to Lord Bote- tourt, which report we here copy in full, as it is very interesting. and explains fully what was done :


My Lord,-On receiving your Excellency's instructions, we be-


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gan our journey to Charlestown, South Carolina; on the fifth day of January, we waited on his Excellency, William Tryon, Esq., at Brunswick, by whom we were kindly received and promised all the assistance in his power; on the next day we went to Fort Johnson, near the mouth of Cape Fear River.


On the 8th, Gov. Tryon wrote us that some Cherokee Indians were at Brunswick, that Judds Friend and Salue, or the Young warrior of Estitoe, were two of them, and that they would wait up at Fort Johnston. His Excellency was again invited to go with them. On their arrival we informed them we were going to their father, John Stuart, Esq., on business relative to the Nation, and should be glad to have their company, and they readily agreed to come with us. On the 9th the officer we had engaged was ready to sail, and we embarked with the two Cherokee Chiefs, two Squaws and an Interpreter. On the 11th, we waited on Mr. Stuart, de- livered your Lordship's letter and full information of our business.


In answer Mr. Stuart told us that the Boundary between the Cherokees and Virginia was fully settled and ratified in Great Britain, and that any proposal of that kind would be very alarming to them, but after some time agreed that we might mention it to them, which we did on the 13th of Jan'y. The Indian Chiefs ap- peared much pleased, and agreed to wait on Mr. Stuart with us, and in his presence, Judds Friend spoke as follows :


Father,-On an invitation from Governor Tryon, we left our country some time since; Our two elder Brothers, Col. Lewis and Doctor Walker, from Virginia, who had matters of importance to mention to us, that equally concerned our people as well as theirs. His news gave us great joy, and we lost no time in waiting on them, and with great pleasure took passage with them in order to wait on you on the business which was much concerning us, as well as their people, and to convince you that we like their talk, we now take them by the hand giving them a welcome, and present them with this string of Wampum.


Father,-They tell us that by running the line lately mentioned, as a boundary between our people and Virginia, a great number of their people will fall within the bounds of our country, which would greatly distress these our poor Brothers; which is far from our intention. And to evidence to you, that we are on all occasions, willing to testify our brotherly affection towards them, we are


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heartily willing to join in any such negotiations as may be thought necessary and most expedient for fixing a new Boundary, that may include all those people settled in our lands in the bounds of Vir- ginia, and we now give them in the presence of you our Father, this string of Wampum as an assurance that those people shall remain in peaceable possession of those lands, until a treaty is held for fix- ing a new Boundary, between them and our people.


Gives a string of Wampum.


We then delivered the following Talk to the Warriors, to be by them communicated to their Nation.


To the Chiefs of the Cherokees :


Brothers,-On the 20th day of December last, being in Williams- burg, we received instructions from Lord Botetourt, a great and good man, whom the great King George has sent to preside over his Colony of Virginia, directing us to wait on your father, John Stu- art, Esq., Supt. Indian Affairs, in order to have a plan agreed upon for fixing a new Boundary between your people and his Majesty's subjects in the Colony of Virginia. On our way to the place, to our great joy, we met with our good brothers, Judds Friend and the Warrior of Estitoe, who with great readiness took a passage with us from Governor Tryon, to this place where we had the happiness to wait upon your father, Mr. Stuart, and with joint application, represented to him the necessity of taking such meas- ures as may effectually prevent any misunderstanding that might arise between his Majesty's subjects of the Colony of Virginia and our brothers the Cherokees, until a full treaty be appointed and held for the fixing a new Boundary that may give equal justice and satisfaction to the parties concerned, and that his Majesty's sub- jects, now settled on the lands between Chiswell's Mines, and the Great Island of Holston River, remain in peaceable possession of said lands, until a line is run between them and our good brothers the Cherokees, who will receive full satisfaction for such lands as you, our brothers, shall convey to our Great King for the use of his subjects.




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