  1 In pocket at the end of volume. 2 United States Statutes at Large, Vol. VII, p. 18. 3 I am informed by Colonel Bushyhead, principal chief of the Cherokee Nation, that Bartram is mistaken in his latter assumption. The letter "r" was never used except among the Overhill Cherokees, and occurred very infrequently with them. 4 The full title of this work is "Descriptionis PtolemaicÆ Augmentum; sive Occidentis Notitia, brevi commentario illustrata, studio et opera, Cornely Wytfliet, Louaniensis. Lovanii, Typis Iohannis Bogardi, anno Domini MDXCVII." 5 Campbell's Virginia, p. 268. 6 Logan's South Carolina, Vol. I, p. 168. 7 Martin's North Carolina, Vol. I, p. 194. 8 Logan's South Carolina, Vol. I, p. 141. 9 Logan's South Carolina, Vol. I, p. 182. 10 Adair's American Indians. 11 Report Commissioner Indian Affairs for 1883, p. 272. 12 Bartram's Travels in North America from 1773 to 1778, p. 371. 13 From a distribution roll of Cherokee annuities paid in the year 1799 it appears that there were then 51 Cherokee towns, designated as follows: Oostinawley, Creek Path, Aumoia, Nicojack, Running Water, Ellijay, Cabben, High Tower, Pine Log, High Tower Forks, Tocoah, Coosawaytee, Crowtown, Shoemeck, Aumuchee, Tulloolah, Willstown, Acohee, Cuclon, Duck-town, Ailigulsha, Highwassee, Tennessee, Lookout Mountain, Noyohee, Tusquittee, Coosa, Nantiyallee, Saukee, Keyukee, Red Bank, Nukeza, Cowpens, Telassee, Buffalo Town, Little Tellico, Rabbit Trap, Notley, Turnip Mountain, Sallicoah, Kautika, Tausitu, Watoga, Cowee, Chillhoway, Chestuee, Turkey Town, Toquah, Chota, Big Tellico, and Tusskegee. 14 Ramsey's Annals of Tennessee, p. 46. 15 Martin's North Carolina, Vol. II, pp. 3, 9, and 11. 16 Hewat's History of South Carolina and Georgia, Vol. II, pp. 203, 204. 17 Broad River was formerly known as Eswaw-Huppedaw or Line River. See Mills' Statistics of South Carolina, p. 555. 18 Williamson's North Carolina, Vol. II, p. 87. 19 Martin's North Carolina. Vol. II, p. 87. 20 Ramsey's Annals of Tennessee, p. 68. 21 Martin's North Carolina, Vol. II, p. 106. 22 Ib., Vol. II, p. 152. 23 Ib., Vol. II, p. 226. 24 Ramsey's Annals of Tennessee, p. 76. 25 Ib., p. 102. 26 Ib., p. 109. 27 Ramsey's Annals of Tennessee, p. 119. 28 Ramsey's Annals of Tennessee, pp. 110, 121. 29 There seems to be a confused idea in this description as to the identity of Powell's Mountain. This was doubtless occasioned by a lack of definite knowledge concerning the topography of the country. This ridge, as it is commonly known, does not touch the Holston River, but lies between Powell's and Clinch Rivers. The mountains supposed to be alluded to in that portion of the description are a spur of the Clinch Mountains, which close in on the Holston River, near the mouth of Cloud's Creek. 30 Mann Butler's Appeal, pp. 26, 27. 31 American State Papers, Indian Affairs, Vol. I, p. 38. 32 Martin's North Carolina, Vol. II, p. 339. 33 Haywood's Tennessee, pp. 16, 17. 34 Ramsey's Annals of Tennessee, p. 204. 35 Letter of Governor Blount to Secretary of War, January 14, 1793. See American State Papers, Indian Affairs, Vol. I, p. 431. 36 American State Papers, Indian Affairs, Vol. I, p. 431, and Ramsey's Tenn., p. 172. 37 Haywood's Tennessee, p. 451. 38 Scott's Laws of Tennessee and North Carolina, Vol. I, p. 225. 39 Letter of Governor Blount to Secretary of War, January 14, 1793. See American State Papers, Indian Affairs, Vol. I, p. 431, also page 263. 40 Report of Senate Committee March 1, 1797. See American State Papers, Indian Affairs, Vol. I, p. 623. Also Ramsey's Annals of Tennessee, p. 276. 41 Carpenter and Arthur's History of Georgia, p. 253. 42 Ramsey's Annals of Tennessee, p. 299. 43 Ib., p. 345. 44 United States Statutes at Large, Vol. VII, p. 18. 45 See Nos. 10a and 10b on accompanying map of Cherokee cessions. 46 By resolution of Congress, March 15, 1785. 47 Report of Treaty Commissioners, dated Hopewell, December 2, 1785. See American State Papers, Indian Affairs, Vol. I, p. 40. 48 American State Papers, Indian Affairs, Vol. I, p. 628, and letter of General Winchester to General Robertson, November 9, 1797. 49 Letter of Hon. John M. Lea, of Nashville, Tenn., to the author. 50 Letter of Geo. H. Morgan, of Gainesborough, Tennessee. 51 Report of Treaty Commissioners. See American State Papers, Indian Affairs, Vol. I, p. 38. 52 American State Papers, Indian Affairs, Vol. I, p. 44. 53 Journal of Treaty Commissioners. See American State Papers, Indian Affairs, Vol. I, p. 43. 54 Report of Treaty Commissioners in American State Papers, Indian Affairs, Vol. I, p. 38. 55 Letter of Return J. Meigs to Secretary of War, May 5, 1803; also, letter of Hon. John M. Lea, Nashville, Tennessee. 56 Letter of Governor Blount to Secretary of War, December 16, 1792, in American State Papers, Indian Affairs, Vol. I, p. 631. 57 Ramsey's Annals of Tennessee. 58 Old manuscript map on file in Indian Office, Washington, D. C. 59 United States Statutes at Large, Vol. VII, p. 39. 60 See resolution of Georgia legislature, June 16, 1802. It is however stated by Return J. Meigs, in a letter to the Secretary of War dated December 20, 1811, that this line was run by Colonel Hawkins in 1797. 61 American State Papers, Indian Affairs, Vol. I, p. 38. 62 United States Statutes at Large, Vol. VII, p. 39. 63 American State Papers, Indian Affairs, Vol. I, p. 44. 64 Protest of Col. William Blount to Treaty Commissioners of 1785. American State Papers, Indian Affairs, Vol. I, p. 44, and Ramsey's Annals of Tenn., p. 549. Also Scott's Laws of Tennessee and North Carolina, Vol. I. 65 American State Papers, Indian Affairs, Vol. I, p. 38. 66 Ramsey's Annals of Tennessee, p. 345. 67 American State Papers, Indian Affairs, Vol. I, p. 53. 68 Ib., p. 83. 69 The assembly of North Carolina proceeded in 1789 to mature a plan for the severance of Tennessee, and passed an act for the purpose of ceding to the United States of America certain western lands therein described. In conformity with one of the provisions of the act, Samuel Johnson and Benjamin Hawkins, Senators in Congress from North Carolina, executed a deed to the United States on the 25th of February, 1790. Congress accepted the cession by act of April 2, 1790, and Tennessee ceased to be a part of North Carolina. 70 These instructions were issued in pursuance of the advice and consent of the Senate, under date of August 11, 1790. See American State Papers, Indian Affairs, Vol. I, p. 135. 71 This act of the Georgia legislature bore date of December 21, 1789. A prior act, bearing date February 7, 1785, had been passed, entitled "An act for laying out a district of land situated on the river Mississippi, within the limits of this State, into a county, to be called Bourbon." See American State Papers, Indian Affairs, Vol. I, p. 114. 72 January 22, 1791. See American State Papers, Indian Affairs, Vol. I, p. 112. 73 Ramsey's Annals of Tennessee, pp. 549—556. 74 United States Statutes at Large, Vol. VII, p. 39. 75 July 15, 1791. See American State Papers, Indian Affairs, Vol. I, p. 628. 76 American State Papers, Indian Affairs, Vol. I, p. 123. 77 Ib., p. 135. 78 Ib., p. 629. 79 Ib., p. 628—630. 80 January 31, 1792. See American State Papers, Indian Affairs, Vol. I, p. 629. 81 It may not be uninteresting as a historical incident to note the fact that at the time of General Wayne's treaty at Greeneville, in 1795, a band of Cherokees had settled on the head-waters of the Scioto River in Ohio. Not presenting themselves at the conferences preceding that treaty, General Wayne sent them a special message through Captain Long Hair, one of their chiefs, with the information that if they failed to conclude articles of peace with him they would be left unprotected. They sent a delegation to assure General Wayne of their desire for peace, saying that as soon as they gathered their crop of corn they would return to their tribe, which they did. 82 American State Papers. Indian Affairs, Vol. I, p. 630. According to the original manuscript journal of Col. Benj. Hawkins, Major Craig's house was 1/4 mile below the source of Nine-Mile Creek. 83 September 27, 1792. See American State Papers, Indian Affairs, Vol. I, p. 630. 84 Report of Boundary Commissioners, November 30, 1792. American State Papers, Indian Affairs, Vol. I, p. 630. 85 Report of Boundary Commissioners, November 30, 1792. American State Papers, Indian Affairs, Vol. I, p. 630. 86 See preamble to treaty of 1798; American State Papers, Indian Affairs, Vol. I, pp. 639—641; letters of Indian Bureau, War Department, December 13 and 14, 1828; also, old manuscript maps in Office of Indian Affairs, Nos. 716 and 749. By the former of these maps it appears that the survey of "Hawkins Line" from Clinch River was begun August 13, 1797, and that "the line commences on the Clinch, one-fourth mile above the ferry, in view of South West Point. (The ferry was 600 yards above the point.) From this point the view through the vista or street passing Captain Wade's garden to the right S. 26 W. the same side of the river above N. 47 W. The beginning tree, a Spanish oak, marked U. S. on the north side and C. on the south; on the oak 1797. A wahoo marked U. S. and C. under the U. S. Aug. 13, continues the line 4 cuts 7 strikes to the Cumberland road, here a white oak marked U. S. and C. The mile trees have U. S. and C. marked on them," etc. 87 Letter of Gen. Andrew Pickens to Hon. Mr. Nott, of South Carolina, January 1, 1800. See American State Papers, Public Lands, Vol. I, p. 104. 88 November 19, 1791. See American State Papers, Indian Affairs, Vol. I, p. 629. 89 American State Papers, Indian Affairs, Vol. I, p. 203. 90 January 18, 1792. 91 January 20, 1792. 92 United States Statutes at Large, Vol. VII, p. 42. 93 This attack was made about midnight on the 30th of September, 1792. See American State Papers, Indian Affairs, Vol. I, p. 294. 94 American State Papers, Indian Affairs, Vol. I, p. 468. 95 Report of Maj. James Ore to Governor Blount, September 24, 1794. He left Nashville September 7, with 550 mounted infantry, crossed the Tennessee on the 12th, about 4 miles below Nickajack, and on the morning of the 13th destroyed Nickajack and Running Water towns, killing upwards of 50 and making a number prisoners. See American State Papers, Indian Affairs, Vol. I, p. 632. 96 United States Statutes at Large, Vol. VII, p. 43. 97 United States Statutes at Large, Vol. VII, p. 43. 98 American State Papers, Indian Affairs, Vol. I, p. 629. 99 Letter of Governor Blount to Secretary of War, March 2, 1792. See American State Papers, Indian Affairs, Vol. I, p. 629. 100 American State Papers, Indian Affairs, Vol. I, p. 628. 101 American State Papers, Indian Affairs, Vol. I, p. 543. 102 American State Papers, Indian Affairs, Vol. I, p. 536. 103 January 3, 1795. See American State Papers, Indian Affairs, Vol. I, p. 536. 104 February 2, 1796. See American State Papers, Indian Affairs, Vol. I, p. 581. 105 United States Statutes at Large, Vol. I, p. 496. 106 United States Statutes at Large, Vol. VII, p. 62. 107 This address and remonstrance will be found in full in American State Papers, Indian Affairs, Vol. I, page 625. 108 December 20, 1797. 109 American State Papers, Indian Affairs, Vol. I, p. 629. 110 American State Papers, Indian Affairs, Vol. I, p. 631. 111 These instructions were dated March 2, 1798. See American State Papers, Indian Affairs, Vol. I, p. 639 112 Ramsey's Annals of Tennessee, pp. 693, 695. 113 June 20, 1798. 114 Ramsey's Annals of Tennessee, pp. 693, 695. 115 American State Papers, Indian Affairs, Vol. I, p. 640. 116 By act of September 27, 1794, the legislature of the territory southwest of the Ohio authorized the raising of a fund for cutting and clearing a wagon road from Southwest Point to Bledsoe's Lick on the Cumberland. The funds for this purpose were to be raised by a lottery managed by Cols. James White, James Winchester, Stockley Donelson, David Campbell, William Cocke, and Robert Hayes. The Indians not having granted the necessary right of way, its construction was necessarily postponed, but subsequently, by act of the legislature of Tennessee passed November 14, 1801, the Cumberland Road Company was incorporated and required to cut and clear a road from the Indian boundary on the east side of Cumberland Mountain to the fork of the roads leading to Fort Blount and Walton's Ferry. 117 January 15, 1799. 118 See letter of General Pickens to Representative Nott, of South Carolina, January 1, 1800. American State Papers, Public Lands, Vol. I, p. 103. 119 Letter of Secretary of War to Return J. Meigs, in Indian Office records. 120 Dated October 20, 1802. 121 Commissioner Meigs mentions that the accompanying plat and field notes of Mr. Freeman, the surveyor, will give more abundant details regarding this survey. After a careful search, however, no trace has been found among the Indian Office records and files of the plat and field notes in question. There is much difficulty in ascertaining the exact point of departure of "Meigs Line" from Great Iron Mountains. In the report of the Tennessee and North Carolina boundary commissioners in 1821 it is stated to be 311/2 miles by the course of the mountain ridge in a general southwesterly course from the crossing of Cataluche Turnpike; 91/2 miles in a similar direction from Porter's Gap; 211/2 miles in a northeasterly direction from the crossing of Equovetley Path, and 331/2 miles in a like course from the crossing of Tennessee River. All of these courses and distances follow the crest of the Great Iron Mountains. It is stated to the author, by General R. N. Hood, of Knoxville, Tenn., that there is a tradition that "Meigs Post" was found some years since about 11/2 miles southwest of Indian Gap. A map of the survey of Qualla Boundary, by M. S. Temple, in 1876, shows a portion of the continuation of "Meigs Line" as passing about 11/2 miles east of Quallatown. Surveyor Temple mentions it as running "S. 50° E. (formerly S. 521/2° E.") 122 See memorial of Matthew Patterson and others, dated "French Broad, 8th January, 1800," printed in American State Papers, Public Lands, Vol. I, p. 104. 123 This resolution was reported by Mr. Harper, from the committee to whom it was referred, to the House of Representatives, April 7, 1800, and is printed in American State Papers, Public Lands, Vol. I, p. 103. 124 February 7, 1803. See Indian Office records. 125 See report of Agent Return J. Meigs to the Secretary of War, May 5, 1803, on file in the Office of Indian Affairs. 126 United States Statutes at Large, Vol. VII, p. 228. 127 United States Statutes at Large, Vol. I, p. 618. 128 United States Statutes at Large, Vol. II, p. 82. 129 The President's appointment of these commissioners bore date of June 18, 1801. 130 This interview occurred, as shown by the Indian Office records, on the 30th of June, 1801, and was adjourned to meet again on the 3d of July. 131 July 3, 1801. See Indian Office records. 132 July 16, 1801. See Indian Office records. 133 July 17, 1801. See Indian Office records. 134 June 10, 1802. See Indian Office records. 135 February 19, 1803. See Indian Office records. 136 May 30, 1803. 137 "Vann" was a half-breed of considerable ability and shrewdness, and was at this time perhaps the most influential chief among the Cherokees. His home was on the route of the proposed Georgia road, and when the road was constructed he opened a store and house of entertainment for travelers, from which he derived a considerable income. 138 Letter of Secretary of War to governors of Georgia and Tennessee, dated November 21, 1803. 139 April 4, 1804. 140 October 10, 1804. See letter of Daniel Smith to Secretary of War, October 31, 1804. 141 October 31, 1804. 142 Commissioner Smith in his letter of October 31, 1804, to the Secretary of War, states that two persons on the part of the United States, to be accompanied by two Cherokee chiefs, had been designated to run the boundaries of this cession. The propriety was then urged on the Cherokees by the commissioners of making a cession of the lands lying between East and West Tennessee. Several days were consumed in urging this proposal, and a majority of the chiefs were probably in favor of it, but Commissioner Smith remarks that a majority, unless it amounts almost to unanimity, is not considered with them sufficient to determine in matters of great interest, particularly in making cessions of lands. 143 December 20, 1811. 144 It is stated in a resolution of the Georgia legislature, passed June 16, 1802, that this line was surveyed by Colonel Hawkins in 1798. 145 The letter of the Cherokee delegation calling attention to this matter is dated January 19, 1824. 146 February 6, 1824. 147 April 15, 1824. 148 April 30,1824. 149 United States Statutes at Large, Vol. VII, p. 228. 150 United States Statutes at Large, Vol. VII, p. 93. 151 United States Statutes at Large, Vol. VII, p. 95. 152 November 2, 1805. See letter of transmittal of Return J. Meigs and Daniel Smith. 153 United States Statutes at Large, Vol. VII, pp. 93 and 95. 154 January 10, 1806. 155 See field notes of Colonel Martin on file in office of Indian Affairs. 156 Letter of R. J. Meigs to Secretary of War, March 4, 1811. 157 Letter of Meigs and Smith to Secretary of War, January 10, 1806. 158 See report of Commissioner Indian Affairs to Secretary of War, December 9, 1834. 159 United States Statutes at Large, Vol. VII, p. 101. 160 United States Statutes at Large, Vol. VII, p. 103. 161 United States Statutes at Large, Vol. VII, p. 101. 162 May, 1807. 163 Message of President Jefferson to U. S. Senate, March 29, 1808, and letter of R. J. Meigs, September 28, 1807. American State Papers, Indian Affairs, Vol. I, p. 753. 164 United States Statutes at Large, Vol. VII. 165 President Jefferson to U.S. Senate, March 29, 1808. American State Papers, Indian Affairs, Vol. I, p. 753. 166 February 21, 1806. Indian Office records. 167 On the return home of the Cherokee delegation that visited Washington in 1801, "The Glass," a noted Cherokee chief, represented to his people that the Secretary of War had said, "One Joseph Martin has a claim on the Long Island of Holston River." This the Secretary of War denied, in a letter dated November 20, 1801, to Col. R.J. Meigs. 168 April 1. Indian Office records. 169 United States Statutes at Large, Vol. VII, p. 103. 170 Letter of Return J. Meigs to Secretary of War, September 28, 1807, in which he says: "With respect to the chiefs who have transacted the business with us, they will have their hands full to satisfy the ignorant, the obstinate, and the cunning of some of their own people, for which they well deserve this silent consideration." 171 United States Statutes at Large, Vol. VII, p. 138. 172 Two treaties appear of the same date and negotiated by the same parties. It is to be noted that the first controls a cession to the State of South Carolina and the second defines certain other concessions to the United States. 173 United States Statutes at Large, Vol. VII, p. 139. 174 United States Statutes at Large, Vol. VII, pp. 138 and 139. 175 February 28, 1807. 176 December 2, 1807. See American State Papers, Indian Affairs, Vol. I, p. 753. 177 Letter of Return J. Meigs to Secretary of War, December 3, 1807. 178 March 10, 1808. See American State Papers, Indian Affairs, Vol. I, p. 752. 179 January 10, 1812. 180 In March, 1812. 181 May 14, 1812. 182 March 24, 1814. 183 February 3, 1815. 184 A full history of Colonel Earle's attempt to secure a site for the erection of iron works will be found among the records and files of the Office of Indian Affairs. 185 United States Statutes at Large, Vol. II, p. 381. See also amendment to this act by act of February 18, 1841, United States Statutes at Large, Vol. V, p. 412. 186 Scott's Laws of North Carolina and Tennessee. 187 March 26, 1808. 188 See report of General Knox, Secretary of War, to President Washington, July 7, 1789; Creek treaty of 1790; Cherokee treaty of 1791, etc. 189 Confidential message of President Jefferson to Congress, January 18, 1803. 190 March 25. 191 See letter of Secretary of War to Col. R. J. Meigs, May 5, 1808. 192 May 5, 1808. 193 January 9, 1809 194 Letter of Secretary of War to Col. R. J. Meigs, November 1, 1809. 195 March 27, 1811. 196 Indian Office files. 197 March 28, 1811. 198 December 26. 199 November 22, 1815. 200 United States Statutes at Large, Vol. VII, p. 138. 201 March 26, 1816. 202 May 8, 1811. 203 United States Statutes at Large, Vol. VII, p. 120. 204 Letter of Secretary of War to Agent Meigs, November 22, 1815. 205 March, 1816. 206 United States Statutes at Large, Vol. VII, p. 139. 207 Letter from General Jackson to Secretary of War, June 10, 1816. 208 Letter from Secretary of War to United States Senators from Tennessee, April 4, 1816. 209 See letter of Secretary of War to Barnett, Hawkins, and Gaines, April 16, 1816. 210 April 16, 1816. These boundary commissioners were William Barnett, Col. Benjamin Hawkins, and Maj. E. P. Gaines. 211 Letter of General Jackson to Secretary of War, June 10, 1816; also from Commissioner Barnett, June 7, 1816. 212 Old map on file in General Land Office. 213 June 7, 1816. 214 From a letter of Agent Meigs bearing date December 26, 1804, it seems that he was just in receipt of a communication from the Chickasaw chiefs relative to their claim to lands on the north side of Tennessee River. The chiefs assert that part of their people formerly lived at a place called Chickasaw Old Fields, on the Tennessee, about 20 miles above the mouth of Elk River; that while living there they had a war with the Cherokees, when, finding themselves too much separated from their principal settlements, they removed back thereto. Afterwards, on making peace with the Cherokees, their boundaries were agreed on as they are defined in the instrument given them by President Washington in 1794. They further state that they had a war with the Shawnees and drove them from all the waters of the Tennessee and Duck Rivers, as well as conflicts with the Cherokees, Choctaws, and Creeks, in which they defeated all attempts of their enemies to dispossess them of their country. Agent Meigs remarks that he is convinced the claim of the Chickasaws is the best founded; that until recently the Cherokees had always alluded to the country in controversy as the hunting ground of the four nations, and that their few settlements within this region were of recent date. 215 May 25. 216 April 7. 217 United States Statutes at Large, Vol. VII, p. 148. 218 See Indian Office records. 219 Letter of Return J. Meigs to the Secretary of War, dated August 19, 1816. American State Papers, Indian Affairs, Vol. II, p. 113. 220 Report of Commissioners Jackson, Merriwether, and Franklin to Secretary of War, dated Chickasaw Council House, September 20, 1816. American State Papers, Indian Affairs, Vol. II, p. 104. 221 Report of Commissioners Jackson and Merriwether to Secretary of War, October 4, 1816. 222 January 7, 1828. 223 February 25, 1828. 224 United States Statutes at Large, Vol. VII, p. 156. 225 Confidential message of President Jefferson to Congress, January 18, 1803. 226 The letter of President Jefferson authorizing a delegation of Cherokees to visit the Arkansas and White River country was dated January 9, 1809, and will be found in the American State Papers, Indian Affairs, Vol. II, p. 125, as well as among the records of the Indian Office. 227 January 9, 1817. 228 Letter of Secretary of War to General Jackson, May 14, 1817. 229 In a letter to Return J. Meigs, under date of September 18, 1816, the Secretary of War says that "the difficulties which have arisen between the Cherokees and the Osages, on the north of the Arkansas, and with the Quapaws, on the south, cannot be finally settled until the line of the cession shall be run and the rights of the Quapaws shall be ascertained. Commissioners appointed by the President are now sitting at Saint Louis for the adjustment of those differences; but should the line of the Osage treaty prove that they are settled upon the Osage lands, nothing can be done for the Cherokees. It is known to you and to that nation that the condition upon which the emigration was permitted by the President was that a cession of Cherokee lands should be made equal to the proportion which the emigrants should bear to the whole nation. This condition has never been complied with on the part of the nation, and of course all obligation on the part of the United States to secure the emigrants in their new possessions has ceased. When the subject was mentioned to the Cherokee deputation last winter, so far were they from acknowledging its force, that they declared the emigrants should be compelled to return." 230 May 14, 1817. 231 On the 17th of May, 1817, these commissioners were advised that the lands proposed to be given the Cherokees on the west of the Mississippi River, in exchange for those then occupied by them, were the lands on the Arkansas and immediately adjoining the Osage boundary line. 232 United States Statutes at Large, Vol. VII, p. 156. 233 These tracts are designated on the accompanying map as Nos. 23 and 24. 234 These tracts are designated on the accompanying map as Nos. 25 and 26. 235 August 1, 1817, the Secretary of War advised the governor of North Carolina that a treaty with the Cherokees had been concluded, by which the Indian claim was relinquished to a tract of country including the whole of the land claimed by them in North Carolina. 236 This memorial bore date of July 2, 1817. 237 United States Statutes at Large, Vol. VII, p. 156. 238 Letter of Secretary of War to Treaty Commissioners August 1, 1817. 239 Letters of Secretary of War to General Jackson and Colonel Meigs, August 9, 1817. 240 Letter of Governor McMinn to Secretary of War, November 29, 1818, and subsequent correspondence during 1819. Governor McMinn's letter of November 29, 1818, states that 718 families had enrolled for emigration since December 20, 1817, and 146 families had taken reservations, which made in all, including those who had already emigrated, about one-half of the Cherokee Nation as committed to the support of the policy involved in the treaty of 1817. February 17, 1819, a Cherokee delegation advised the Secretary of War that, while Governor McMinn's enrollment showed the number of Cherokees who had removed or enrolled to go prior to November 15, 1818, to be 5,291, by their calculation the number did not exceed 3,500, and that they estimated the number of Cherokees remaining east of the Mississippi at about 12,544. 241 The instructions of the Amoha council to the delegation of six bear date of Fortville, Cherokee Nation, September 19, 1817. 242 United States Statutes at Large, Vol. VII, p. 195. 243 May 8, 1818. 244 Secretary of War to Reuben Lewis, United States Indian agent, May 16, 1818. 245 May 16 to 24, inclusive. 246 July 22. 247 United States Statutes at Large, Vol. VII, p. 156. 248 Letter of Secretary of War to Capt. William Bradford, September 9, 1818. 249 Secretary of War to Agent Lewis, July 22, 1819. 250 Field notes and diagram on file in Indian Office. 251 October 6, 1818. 252 July 29, 1818. 253 November 13, 1818. 254 December 29, 1818. 255 November 29, 1818. 256 December 19, 1818. 257 February, 1819. 258 February 11, 1819. 259 Cherokee delegation to Secretary of War, February 17, 1819. 260 United States Statutes at Large, Vol. VII, p. 195. 261 March 6, 1819. 262 March 11, 1819. 263 March 12, 1819. 264 Mr. Houston began his survey at the point where the first hill closes in on Hiwassee River, which he found to be 21/2 miles above Hiwassee Old Town. He also states in his report that he found no ridge dividing the waters of Hiwassee from those of Little River. This line from the Hiwassee River to the Tennessee River at Talassee was 46 miles and 300 poles in length. It was begun May 28 and completed June 12, 1819. The line from the junction of Cowee and Nauteyalee Rivers to the Blue Ridge was begun June 12 and completed June 18, 1819, and was 36 miles long. His report, with accompanying map, was communicated to the Secretary of War with letter dated July 30, 1819. A copy of the field notes may be found in American State Papers, Indian Affairs, Vol. II, pp. 192 and 193. 265 July 24, 1820. 266 Secretary of War to Agent Meigs, August 14, 1820. 267 February 9. See letter of Return J. Meigs to Secretary of War. 268 June 15, 1820. 269 United States Statutes at Large, Vol. VII, p. 311. 270 Meigs was appointed, May 15, 1801, superintendent of Indian affairs for the Cherokee Nation and agent for the War Department in the State of Tennessee. 271 Letter of Meigs to General Wilkinson, dated Marietta, Ohio, February 10, 1801. This letter is in reply to one received from General Wilkinson, in which the latter, among other things, inquires if he can in any way serve the former. Meigs replies: "I will answer these kind inquiries truly. In the first place, I enjoy excellent health; in the next place, I am doing what I can at farming business, endeavoring to maintain a credible existence by industry. I have been for more than two years one of the Territorial legislators; this, though credible, is not profitable. My principal dependence for living is on the labor of my own hands. I am confident, sir, you can serve me, as you are conversant with every department of the Government and may know what places can be had and whether I am capable of being usefully employed. I don't care what it is, whether civil or military or where situated, provided it be an object which you shall think proper for me. I don't know Mr. Jefferson; have always revered his character as a great and good man. I am personally acquainted with Colonel Burr. He ascended the river Kennebeck as a volunteer in the year 1775 and was with me in the Mess a great part of that march to Canada. I think I have his friendship, but he is not yet, perhaps, in a situation to assist me." Colonel Meigs was also a member of the court-martial convened for the trial of General Arthur St. Clair for the evacuation of Ticonderoga. He died at his post of duty in February, 1823, as shown by a letter to the Secretary of War from ex-Governor McMinn, dated the 22d of that month. 272 May 30, 1820. 273 Letter of Secretary of War to Attorney-General, July, 26, 1820. 274 August 12, 1820. 275 August 14, 1820. 276 March 7, 1821. 277 American State Papers, Public Lands, Vol. I, p. 125. 278 January 7, 1822. 279 June 15, 1822. 280 August 24, 1822. 281 November 19, 1822. 282 March 17, 1823. 283 February, 1823. 284 March 17, 1823. 285 Report of commissioners on file in Office Indian Affairs. 286 See correspondence between commissioners and Cherokee council. American State Papers, Indian Affairs, Vol. II, pp. 465—473. 287 October 28, 1823. 288 January 19, 1824. This memorial is signed by John Ross, George Lowrey, Major Ridge, and Elijah Hicks, as the Cherokee delegation. 289 January 30, 1824. 290 February 17, 1824. 291 February 28, 1824. 292 Letter of Georgia delegation to Congress, March 10, 1824. Memorial of Georgia legislature to Congress, December 18, 1823. 293 March 30, 1824. 294 March 29, 1824. 295 This Creek war was in large measure, if not wholly, superinduced by the unlawful and unjust aggressions by citizens of that State upon the rights and territory of the Creeks. Foreign emissaries, however, it is true, encouraged and inflamed the just indignation of the Creeks against the Georgians to the point of armed resistance. 296 May 3, 1824. 297 April 16, 1824. 298 April 24, 1824. 299 February 5, 1827. 300 Letter of Rev. David Brown to Thomas L. McKenney, December 13, 1825. 301 United States Statutes at Large, Vol. IV, p. 217. 302 March 13, 1827. 303 June 4, 1828. 304 January 26, 1828. 305 March 20, 1828. 306 April 20, 1820. 307 Letter of Governor Miller, of Arkansas, to Secretary of War, June 20, 1820. 308 Letter of Secretary of War to Maj. William Bradford, July 21, 1821. 309 Letter of Secretary of War to Governor Miller, of Arkansas, November 6, 1822. 310 October 8, 1821, Governor Miller was instructed by the Secretary of War to remove the Cherokees from lands south of the Arkansas, but its execution was deferred several years pending the establishment of the Cherokee boundaries. 311 Secretary of War to Arkansas Cherokee delegation in Washington, February 12, 1823. 312 March 3, 1824. 313 Indian Office to Cherokee delegation of Arkansas, March 13, 1824, and Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824. 314 Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824. 315 Indian Office to Agent E. W. Duval, Little Rock, Arkansas, July 8, 1824. 316 July 8, 1824. 317 Secretary of War to Governor Izard, of Arkansas, April 16, 1825. 318 See map on file in Indian Office. 319 May, 1825. 320 In a letter from Agent Meigs to the Secretary of War, dated June 2, 1817, Major Lovely is spoken of as having been agent residing with the Cherokees on the Arkansas. He had been an officer of the Virginia line throughout the Revolution and participated in the capture of Burgoyne. He had lived some time in the family of President Madison's father, and went to Tennessee at an early day, whence (after living many years among the Cherokees) he removed with the emigrant party to the Arkansas. In a letter to the Hon. John Cocke from the Secretary of War, December 15, 1826, it is, however, stated that Major Lovely was a factor or trader in the Arkansas country, who took an active part in the preliminary negotiations that led finally to the conclusion of the treaty with the Osages of September 25, 1818. It also appears from the same letter that the estimated area of Lovely's purchase was 7,392,000 acres, and that when the west boundary line of the Cherokees was run, in 1825, it was found that 200 square miles of Lovely's purchase were included within its limits. 321 Secretary of War to Arkansas Cherokee delegation in Washington, February 12, 1823. 322 Secretary of War to Arkansas Cherokee delegation in Washington, October 8, 1821. 323 United States Statutes at Large, Vol. IV, p. 153. 324 United States Statutes at Large, Vol. IV, p. 40. 325 April 3, 1827. 326 Letter of T. L. McKenney to Secretary of War, March 18, 1828. 327 March 27, 1828. 328 April 11, 1828. 329 The areas here given by the State authorities were largely below the quantity actually contained within the limits of the cessions within the States of Georgia, North Carolina, and Tennessee, as will be seen by a glance at the table of such areas on page 378. 330 United States Statutes at Large, Vol. VII, p. 311. 331 Letter of Secretary of War to Western Cherokee delegation. May 17, 1828. 332 Letter of Sub-Agent Brearly to Secretary of War, September 27, 1828. 333 May 28, 1828. 334 Letter of T. L. McKenney to Secretary of War, January 21, 1830. 335 United States Statutes at Large, Vol. VII, p. 414. 336 United States Statutes at Large, Vol. VII, p. 286. 337 See Creek treaty of 1833, United States Statutes at Large, Vol. VII, p. 417. 338 United States Statutes at Large, Vol. VII, p. 311. 339 See preamble to Creek treaty of February 14, 1833, United States Statutes at Large, Vol. VII, p. 417. 340 In March, 1832. 341 United States Statutes at Large, Vol. VII, p. 240. 342 United States Statutes at Large, Vol. VII, p. 478. 343 See Indian Office files. 344 See Indian Office records. 345 United States Statutes at Large, Vol. VII, p. 478. 346 United States Statutes at Large, Vol. VII, p. 488. 347 May 27, 1828. 348 Letter of War Department to Hugh Montgomery, Cherokee agent, May 27, 1828, and to General William Carroll, May 30, 1829. 349 December 18, 1828. 350 Letter of T. L. McKenney to Secretary of War, November, 17, 1829. 351 Letter of T. L. McKenney to Hugh Montgomery, Cherokee agent, August 6, 1830. 352 Letter of Cherokee delegation (East) to Secretary of War, January 21, 1829. 353 Letter of Secretary of War to Cherokee delegation, April 18, 1829. 354 December 20, 1828. 355 Agent Montgomery to the Secretary of War, July 11, 1829. 356 Secretary of War to General William Carroll, May 27, 1829. 357 June 25, 1829. 358 November 19, 1829. 359 June 23, 1829. 360 December 19, 1829. 361 Among other legislation on this subject enacted by Georgia may be enumerated the following, viz: 1. A penalty of forfeiture of all right to his land and improvements was denounced against any Cherokee who should employ any white man, or the slave of any white man, as a tenant-cropper, or assistant in agriculture, or as a miller or millwright. 2. Any Indian who should enroll for emigration and afterwards refuse to emigrate should forfeit all right to any future occupancy within the State. 3. No Indian should be allowed the use of more than 160 acres of land, including his dwelling house. 4. Grants were to be issued for all lots drawn in the late land and gold lottery, though they might lie within the improvements of an Indian who had by any previous Cherokee treaty received a reservation either in Georgia or elsewhere. 5. No contract between a white man and an Indian, either verbal or written, should be binding unless established by the testimony of two white witnesses. 6. Any Indian forcibly obstructing the occupancy by the drawer of any lot drawn in the land and gold lottery should be subject to imprisonment in the discretion of the court. 362 Letter of War Department to Hugh Montgomery, Cherokee agent, June 9, 1830. 363 Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 18, 1830. 364 Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 26, 1830. 365 September 1, 1830. 366 October 20, 1830. 367 Action of Cherokee national council, October 22, 1830. 368 Cherokee Nation vs. State of Georgia, Peters's United States Supreme Court Reports, Vol. V, p. 1. 369 April 17, 1832. 370 July 18, 1832. 371 September 4, 1832. 372 Worcester vs. State of Georgia, Peters's United States Supreme Court Reports, Vol. VI, p. 515. 373 According to the statement of Hon. Geo. N. Briggs, a member of Congress from Massachusetts, President Jackson remarked, after the case of Worcester vs. State of Georgia was decided, "Well, John Marshall has made his decision, now let him enforce it." 374 Treaty June 1, 1773, between the British superintendent of Indian affairs and the Creeks and Cherokees. 375 United States Statutes at Large, Vol. VII, p. 237. 376 Letter of D. B. Mitchell, Creek agent, to Secretary of War. 377 See Indian Office files for these two treaties. 378 United States Statutes at Large, Vol. VII, p. 171. 379 Ib., p. 215. 380 United States Statutes at Large, Vol. VII, p. 237. 381 Ib., p. 289. 382 Ib., p. 307; Creek treaty of November 15, 1827. 383 Letter of Secretary of War to D. B. Mitchell, Creek agent. 384 Letter of Governor Forsyth, of Georgia, to Samuel A. Wales, May 5, 1829. 385 Letter of Montgomery to Wales, May 13, 1829. 386 October 10, 1829. 387 December 30, 1829. 388 January 15, 1830. 389 March 14, 1830. 390 Secretary of War to Governor Gilmer, of Georgia, June 1, 1830. 391 The following paper, which is on file in the Office of Indian Affairs, is interesting in connection with the subject matter of this boundary: Extract from treaties and other documents relative to the Cherokee lines in contact with the Creeks and Chickasaws west of Coosa River: "June 10, 1786.—In the treaty of this date with the Chickasaws the lands allotted them eastwardly 'shall be the lands allotted to the Choctaws and Cherokees to live and hunt on.' In the conference which took place between the commissioners of the United States and the Chickasaws and Cherokees, it was apparent that their claims conflicted with each other on the ridge dividing the waters of Cumberland from those of Duck River and around to the Chickasaw Oldtown Creek on Tennessee, thence southwardly, leaving the mountains above the Muscle Shoals on the south side of the river, and to a large stone or flat rock, where the Choctaw line joined with the Chickasaws. The journal of occurrences at the time were lodged with the papers of the old Congress, and probably were transferred to the office of Secretary of State. On the 7th of January, 1806, in a convention between the United States and Cherokees, on the part of the former by Mr. Dearborn, the United States engaged to use their best endeavors to fix a boundary between the Cherokees and Chickasaws, 'beginning at the mouth of Caney Creek, near the lower part of the Muscle Shoals, and to run up the said creek to its head, and in a direct line from thence to the flat stone or rock, the old corner boundary,' the line between the Creeks and Cherokees east of Coosau River. "In 1802, at the treaty of Fort Wilkinson, it was agreed between the parties that the line was 'from the High Shoals on Apalatche, the old path, leaving Stone Mountain to the Creeks, to the shallow ford on the Chatahoochee.' "This agreement was in presence of the commissioners of the United States and witnessed by General Pickens and Colonel Hawkins. On the 10th October, 1809, a letter was sent from the Cherokees to the Creeks and received in February in the public square at Tookaubatche, stating the line agreed upon at Fort Wilkinson, and that 'all the waters of Etowah down to the ten islands below Turkeytown these lands were given up to the Cherokees at a talk at Chestoe in presence of the Little Prince, and Tustunnuggee Thlucco Chulioah, of Turkeystown, was the interpreter.' "In August, 1814, at the treaty of Fort Jackson, the Creeks and Cherokees were invited to settle their claims, and Colonel Meigs was engaged for three or four days in aiding them to do so. The result was they could not agree, but would at some convenient period agree. This was signed by General Jackson, Colonel Hawkins, and Colonel Meigs. "At the convention with the Creeks, in September, 1815, the Cherokees manifested a sincere desire to settle their boundaries with the Creeks, but the latter first declined and then refused. Tustunnuggee Thlucco, being asked where their boundary was west of Coosau, said there never was any boundary fixed and known as such between the parties, and after making Tennessee the boundary from tradition, and that the Cherokees obtained leave of them to cross it, the policy of the Creeks receiving all destroyed red people in their confederacy, the Cherokees were permitted to come over and settle as low down on the west of Coosau as Hauluthee Hatchee, from thence on the west side of Coosau on all its waters to its source. He has never heard, and he has examined all his people who can have any knowledge on the subject, that the Cherokees had any pretensions lower down Coosau on that side. He does not believe, and he has never heard, there was any boundary agreed upon between them. Being asked by Colonel Hawkins his opinion where the boundary should be, he says it should go up Hauluthee Hatchee, passing a level of good land between two mountains, to the head of Itchau Hatchee, and down the same to Tennessee, about 8 or 9 miles above Nickajack. In the year 1798 the Cherokees had a settlement at the Muscle Shoals, Doublehead and Katagiskee were the chiefs, and the Creeks had a small settlement above the Creek path on Tennessee. The Cherokee settlement extended southwardly from the shoal probably a mile and a half. The principal temporary agent for Indian affairs south of the Ohio was early instructed in 1777 to ascertain the boundary line of the four nations, and instructions were given accordingly by him to Mr. Dinsmore and Mr. Mitchell to aid in doing it. Several attempts were made, but all proved abortive, owing to the policy of the Creeks, which was to unite the four nations in one confederacy and the national affairs of all to be in a convention to be held annually among the Creeks, where the speaker for the Creeks should preside. "At every attempt made among the Creeks when these conventions met, the answer was, 'We have no dividing lines, nor never had, between us. We have lines only between us and the white people, our neighbors.' At times, when the subject was discussed in the convention of the Creeks, they claimed Tombigby, called by them Choctaw River (Choctau Hatchee), the boundary line between them and the Choctaws. Tustunneggee Hopoie, brother of the old Efau Hajo (mad dog), who died at ninety-six years of age, and retained strength of memory and intelligence to this great age, reported publicly to the agent, 'When he was a boy his father's hunting camp was at Puttauchau Hatchee (Black Warrior).' His father had long been at the head of the Creeks, and always told him 'Choctaw River was their boundary with the Choctaws.' He never saw a Choctaw hunting camp on this side the Black Warrior. "A true copy from the original. 392 Letter of Secretary of War to Governor Lumpkin, of Georgia, March 12, 1833. 393 March 21, 1833. 394 Commissioner of Indian Affairs to Agent Montgomery, April 22, 1833. 395 Secretary of War to Governor Lumpkin, of Georgia, January 28, 1834. 396 March 28, 1834. 397 May 1, 1834. 398 March 3, 1834. 399 Letter of John Ross and others to Secretary of War, inclosing protest, May 24, 1834. 400 Letter of Hon. J. H. Eaton to John Ross, May 26, 1834. 401 May 29, 1834. 402 Secretary of War to governor of Georgia, July 8, 1834. 403 May 17, 1834. 404 The Ross delegation was composed of John Ross, R. Taylor, Daniel McCoy, Samuel Gunter, and William Rogers. The Ridge delegation consisted of John Ridge, William A. Davis, Elias Boudinot, A. Smith, S. W. Bell, and J. West. 405 February 11, 1835. 406 Memorandum delivered by Secretary of War to Senator King, of Georgia, February 28, 1835. 407 Memorandum delivered by Secretary of War to Senator King, of Georgia, February 28, 1835. 408 March 16, 1835. 409 September 10, 1835. 410 September 26, 1835. 411 Senate Document 120, Twenty-fifth Congress, second session, p. 124. 412 See proceedings of council. 413 National Intelligencer, May 22, 1838. 414 Schermerhorn to Commissioner of Indian Affairs, December 31, 1835. 415 See report of proceedings of council. 416 National Intelligencer, May 22, 1838. 417 United States Statutes at Large, Vol. VII, p. 488. 418 In addition to these sums, an appropriation of $1,047,067 was made by the act of June 13, 1838, in full of all objects specified in the third supplemental article and for the one year's subsistence provided for in the treaty. 419 Commissioner of Indian Affairs to John Ross, March 9, 1836. 420 Hon. P. M. Butler, in a confidential letter to the Commissioner of Indian Affairs, March 4, 1842, says: "The treaty, as the Department is aware, was sustained by the Senate of the United States by a majority of one vote." 421 United States Statutes at Large, Vol. VII, p. 478 et seq. 422 July 25, 1836. 423 July 30, 1836. 424 The Secretary of War, October 12, 1836, directed General Wool to inform Mr. Ross that the President regarded the proceedings of himself and associates in council as in direct contravention of the plighted faith of their people, and a repetition of them would be considered as indicative of a design to prevent the execution of the treaty even at the hazard of actual hostilities, and they would be promptly repressed. 425 October 17, 1836. 426 Senate confidential document, April 12, 1836, p. 200. 427 National Intelligencer, May 22, 1838. 428 National Intelligencer, May 22, 1838. 429 June 3, 1837. 430 July 15, 1837. 431 September 25, 1837. 432 September 30, 1836. 433 October 25, 1836. 434 Secretary of War to Andrew Jackson, August 21, 1837. 435 October 16, 1837. 436 The amounts adjudicated and paid by this commission, as shown by the records of the Indian Office (see Commissioner of Indian Affairs' letter of March 7, 1844), were as follows:
(The figures as given here are correctly copied from the commissioner's letter, but there is an obvious error either in the footing or in the items.) 437 January 3, 1837. 438 December 1, 1836. 439 This census showed a distribution of the Cherokee population, according to State boundaries, as follows:
440 Secretary of War to Col. William Lindsay, May 8, 1837. 441 March 26, 1838. 442 Speech in reply to Mr. Halsey, of Georgia, January 2, 1838. 443 May 22, 1838. 444 National Intelligencer, June 8, 1838. 445 Secretary of War to James K. Polk, Speaker of the House of Representatives, January 8, 1838. 446 General Macomb to General Scott, April 6, 1838. 447 May 10, 1838. 448 May 18, 1838. 449 Annual report of Commissioner of Indian Affairs, November 25, 1838. 450 Proposal was accepted July 25; emigration to begin September 1 and end before October 20, 1838. 451 The number, according to the rolls of John Ross, who removed under his direction, was 13,149. According to the rolls of Captain Stevenson, the agent who received them on their arrival West, there were only 11,504, and, according to Captain Page, the disbursing officer, there were 11,721. Mr. Ross received on his settlement with Captain Page subsequent to the removal, $486,939.501/4, which made a total payment to Ross by the Government on account of Cherokee removals of $1,263,338.38. (Letter of Commissioner Indian Affairs, June 15, 1842). See, also, Commissioner of Indian Affairs to Commissioner of Land Office, January 9, 1839. 452 Commissioner of Indian Affairs to Secretary of War, September 12, 1839. 453 April 21, 1840. 454 Report of Commissioner of Indian Affairs for 1839. 455 Letter of John Ross to General Arbuckle, June 24, 1839. 456 June 22, 1839. 457 Agent Stokes to Secretary of War, June 24, 1839. 458 July 5, 1839. 459 August 9, 1839. 460 August 27, 1839. 461 August 23, 1839. 462 July 7, 1839. 463 July 10, 1839. 464 August 21, 1839. 465 September 4, 1839, et seq. 466 November 9, 1839. 467 January 22, 1840. 468 April 21, 1840. 469 Coody, in an interview with the Secretary of War, persisted in considering the murders of Boudinot and the Ridges as justifiable. General Arbuckle's letter of notification bore date April 21, 1840. 470 Commissioner of Indian Affairs to Maj. William Armstrong, August 26, 1840. 471 September 22, 1841. 472 March 4, 1842. 473 September 9, 1842. 474 November 8, 1842. 475 United States Statute at Large, Vol. IX, p. 871. 476 May 6, 1844. 477 May 30, 1844. 478 Letter of Secretary of War to Commissioners Jones and Butler, October 18, 1844. 479 October 18, 1844. 480 Letter of General Jones to Commissioner of Indian Affairs, November 17, 1844. 481 He was one of the chiefs of the Arkansas delegation who signed the treaty of May 6, 1828. (See United States Statutes at Large, Vol. VII, p. 314.) 482 Letters of September 12 and November 23, 1844, from Agent Butler to Commissioner of Indian Affairs. 483 Letter of Commissioner Indian Affairs to Agent Butler, January 17, 1845. 484 Letter of Oo-no-leh to Agent Butler, May 15, 1845. Guess left a widow, a son, and two daughters. Hon. T. L. McKenny, in a letter to the Secretary of War, December 13, 1825, says: "His name is Guess, and he is a native and unlettered Cherokee. Like Cadmus, he has given to the people the alphabet of their language. It is composed of eighty-six characters, by which in a few days the older Indians who had despaired of deriving an education by means of the schools *** may read and correspond." Agent Butler, in his annual report for 1845, says: "The Cherokees who cannot speak English acquire their own alphabet in twenty-four hours." 485 September 1, 1845. 486 October 22, 1845. 487 November 12, 1845. They explored up the valley of Stone Fort Creek a distance of 30 miles. 488 Report of the exploring party to their council. 489 January 19, 1846. 490 Letter to the President, February 10, 1846. 491 Letter to the Secretary of War, February 12, 1846. 492 April 2, 1846. 493 Letter of Agent McKissick to Commissioner Indian Affairs, May 12, 1846, and General Arbuckle to Adjutant-General, April 28, 1846. 494 Report of Agent McKissick July 4, 1846. 495 Commissioner Indian Affairs to Maj. William Armstrong, June 24, 1846. 496 July 6, 1846. 497 United States Statutes at Large, Vol. IX, p. 871. 498 The subject of the North Carolina Cherokee interests was also referred to this commission July 13, 1846. 499 Report of Commissioner Indian Affairs to Secretary Interior, January 20, 1855. 500 Second Comptroller of the Treasury to Commissioner of Indian Affairs, February 6, 1849. 501 United States Statutes at Large, Vol. VII, p. 478. 502 United States Statutes at Large, Vol. V, p. 241. 503 United States Statutes at Large, Vol. IX, p. 339. 504 December 3, 1849. 505 United States Statutes at Large, Vol. IX, p. 572. 506 September 5, 1850. 507 United States Statutes at Large, Vol. IX, p. 556. 508 Ibid., p. 871. 509 United States Statutes at Large, Vol. VII, p. 156. 510 Ibid., p. 195. 511 Ibid., p. 311. 512 Ibid., p. 478. 513 Ibid., p. 414. 514 United States Statutes at Large, Vol. IX, p. 556. 515 September 22, 1851. 516 November 22, 1875. 517 April 28, 1877, November 20, 1880, November 17, 1881, and October 13, 1882. 518 United States Statutes at Large, Vol. XXII, p. 328. 519 January 31, 1883. 520 See Senate Executive Document No. 14, Forty-Eighth Congress, 1st session. 521 March 16, 1835. 522 Letter of John Mason, Jr. to Secretary of War, September 25, 1837. 523 United States Statutes at Large, Vol. V, p. 241. 524 See report of Second Auditor and Second Comptroller to Congress, December 3, 1849. 525 See report of Second Auditor and Second Comptroller to Congress, December 3, 1849. 526 November 17, 1851. 527 November 29, 1851. 528 After reciting in detail the "forced" circumstances through which those treaties were brought about, they declared— 1. That no adequate allowance had been made for the sums taken from the treaty fund of 1835 for removal; that though an appropriation had been made, the estimates upon which it was based were too small, and the balance was taken out of the Indian fund. 2. That if allowable in any sense, the Government had no right to take from the Cherokee fund an expense for removal greater than the limit fixed by the eighth article of the treaty of 1835. 3. That the alternative of receiving for subsistence $33.33, as provided for in the treaty of 1835, was refused to be complied with and their people forced to receive rations in kind at double the cost. 4. That the cost of the rations issued by the commandant at Fort Gibson to "indigent Cherokees" was improperly charged to the treaty fund, without legal authority. 5. That the United States was bound to reimburse the amount paid to some two or three hundred Cherokees who emigrated prior to 1835, but who were refused a participation in the "Old Settler" fund. 6. That the Cherokees who remained in the States of Georgia, North Carolina, and Tennessee were not entitled to any share in the per capita fund, inasmuch as they complied with neither of two conditions of their remaining East; and also because the census of those Cherokees was believed to be enormously exaggerated. 7. That the sum of $103,000 had been charged upon the treaty fund for expenses of Cherokees in Georgia during three months they were all assembled and had reported themselves to General Scott as ready to take up their emigration march. 8. That interest should be paid on the balance found due them from April 15, 1851, until paid, Congress having no power to abrogate the stipulations of a treaty. 9. That $20,000 of the funds of the emigrant Cherokees were taken to pay the counsel and agents of the Old Settler party without authority. 529 United States Statutes at Large, Vol. IX, p. 264. 530 Commissioner of Indian Affairs to Secretary of Interior, February 10, 1874. 531 November 20, 1851. 532 United States Statutes at Large, Vol. X, p. 700. 533 The fourth section of this same act made provision that the eighth section of the act of July 31, 1854 (United States Statutes at Large, Vol. X, pp. 315), authorizing the payment of per capita allowance to Cherokees east of the Mississippi, be so amended as to authorize the payment of all such Cherokees as, being properly entitled, were omitted from the roll of D. W. Siler from any cause whatever. 534 United States Statutes at Large, Vol. XVIII, p. 447. 535 United States Statutes at Large, Vol. XV, p. 228. 536 United States Statutes at Large, Vol. XVI, p. 362. 537 This balance, amounting in the aggregate (with interest) to $7,242.76, was paid April 3, 1875. 538 United States Statutes at Large Vol. XVIII, p. 447. 539 A short time prior (September 11, 1874) to the filing of the award of the arbitrators in the case of the Indians vs. Thomas, an agreement was made between the parties in interest to refer certain matters of dispute between Thomas and Johnston to the consideration and determination of the same arbitrators. As the result of this reference an award was made which showed that there was due from Thomas to Johnston upon three several judgments the sum of $33,887.11. Upon this sum, however, credits to the amount of $15,552.11 (including the $6,500 with interest paid to Johnston by the Cherokees under contract of September, 1869) were allowed, leaving the net amount due to Johnston $18,335, which sum he was entitled to collect with interest until paid, together with the costs taxed in the three judgments aforesaid. The arbitrators further found that Johnson held sheriff's deeds for considerable tracts of land which had been sold as the property of Thomas and which were not included among the lands held by him in trust for the Indians. These tracts Johnston had bought in by reason of clouds upon the title and "forbiddals" of the sales at a merely nominal figure. It was therefore declared that these sheriffs' deeds should be held by Johnston only as security for the payment of the balance due him on the judgments in question and for the costs taxed on each. It was further directed that Terrell and Johnston should make sale of so much of the lands embraced in the sheriff's deeds alluded to (excluding those awarded to the Cherokee Indians either as a tribe or as individuals) as would produce a sum sufficient to satisfy the above balance of $18,335 with interest and costs. Following this award of the arbitrators Mr. Johnston submitted a proposition for the transfer and assignment of these judgments to the Eastern Band of Cherokees. Based upon this offer, the Commissioner of Indian Affairs reported to the Secretary of the Interior June 2, 1875, that the interests of the Indians required the acceptance of Johnston's proposition. This recommendation was confirmed by William Stickney, of the President's board of Indian commissioners, in a report to that body. Mr. J. W. Terrell, on behalf of the Eastern Cherokees, as well as their agent, W. C. McCarthy, joined in urging the acceptance of the proposal. Supported by these opinions and recommendations, the Secretary of the Interior, on the 3d of June, 1875, authorized the purchase of the Johnston judgments, and two days later a requisition was issued for the money, and instructions were given to Agent McCarthy to make the purchase. Under these instructions as subsequently modified (June 9, 1875), Agent McCarthy reported (July 27, 1875) the purchase of the judgments, amounting in the aggregate, including interest and costs, to $19,245.53, and an assignment of them was taken in the name of the Commissioner of Indian Affairs in trust for the Eastern Band of Cherokee Indians of North Carolina. From investigations and reports afterward made by Inspectors Watkins and Vandever, it appears that there was much uncertainty and confusion as to the actual status of these lands. The latter gentleman reported (April 10, 1876) that the second award made by the arbitrators was a private affair between Thomas and Johnston and was entirely separate and distinct from the first award in the case of the Indians. He also reported that, despite the purchase of the Johnston judgments by the Indian Department in trust for the Indians, the two commissioners named in the second award proceeded to sell the lands upon which these judgments were a lien, and at the November, 1875, term of the court made a report of their proceedings, which was affirmed by the court. Taking into consideration all these complications, it was recommended by Inspector Vandever that an agent or commission be appointed, if the same could be done by consent of all parties, who should assume the duty of appraising the lands affected by the Johnston judgments, and that such quantity of the lands be selected for the Cherokees as would at such appraisal equal in value the amount of the judgments, interest, and costs, after which the remainder of the lands, if any, should be released to Mr. Thomas. The representatives of Thomas and Johnston also submitted a proposition for adjustment to the Indians, who by resolution of their council (March, 1876) agreed to accept it. In the light of this action and of the recommendation of Inspector Vandever, Congress passed an act (August 14, 1876) authorizing the Commissioner of Indian Affairs to receive in payment of the amount due to the Indians on the Johnston judgments owned by them a sufficient quantity of the Thomas lands to satisfy, at the appraised value, the amount of such judgments, and to deed the lands thus accepted to the Eastern Band of Cherokees in fee simple. The commissioner of appraisal appointed and acting under this act of Congress, and under the supervision of Inspector Watkins, selected 15,211.2 acres, the appraised value of which was $20,561.35, being the exact amount, including interest and costs, due upon the judgments up to October 7, 1876, the date of appraisal. Thereupon a deed (known as the Watkins deed) was executed by the parties representing the Johnston and Thomas interests, conveying the lands so selected to the Commissioner of Indian Affairs in the manner directed by the act of Congress, which deed it was agreed should be supplemented by a new one so soon as a more definite description could be given of the lands after survey. The surveys were made by M. S. Temple, who also surveyed the Qualla boundary tract, a deed for which latter tract (known as the Brooks deed) was executed direct to the Eastern Band of North Carolina Cherokee Indians, and the supplemental deed spoken of above was also executed. Sundry difficulties and complications have continued from time to time to arise in connection with the affairs of these Indians, and as the most effective measure of protection to their interests the Commissioner of Indian Affairs has suggested (April 26, 1882) to Congress the advisability of placing the persons and property of these people under the jurisdiction of the United States district court for the western district of North Carolina. 540 February 17 and March 17, 1853. 541 March 26, 1853. 542 This protest bore date of November 9, 1853, and was filed by Edwin Follin, as their attorney or representative. 543 September 21, 1853. 544 November 22, 1853. 545 Letter of Agent Butler, dated November 30, 1853. 546 Annual report of Agent Butler for 1854. 547 The delegation submitted these propositions in a communication to the Commissioner of Indian Affairs, dated December 28, 1854. 548 Annual report of Agent Butler for 1855. 549 Annual report of Agent Butler for 1857. 550 Annual report of Agent Butler for 1858. 551 October 10, 1860. 552 See reports of Agent Cowart in November, 1860, in Indian Office report of 1860, pp. 224, 225. 553 January 1, 1860. 554 Letter of Agent R. J. Cowart to Commissioner Indian Affairs, September 8, 1860. 555 Letter of S. W. Butler, published in Philadelphia North American, January 24, 1863. 556 Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866, published in pamphlet report of Commissioner of Indian Affairs to the President, bearing date June 15, 1866. 557 Letter of S. W. Butler, in Philadelphia North American, January 24, 1863, and letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866. 558 Letter of Albert Pike, February 17, 1866. The delegates representing the "Southern Cherokees," in their statement to the United States commissioners at the Fort Smith conference, September 16, 1865, say: "Years before the war one portion of the Cherokees was arrayed in deadly hostility against the other; a secret organized society called the 'Pins,' led by John Ross and Rev. Jones, had sworn destruction to the half-bloods and white men of the nation outside this organization," etc. 559 Early in June, 1861. 560 Letter of General Albert Pike to Commissioner of Indian Affairs, February 17, 1866. 561 Ibid. 562 June 12, 1861. 563 June 17, 1861. 564 According to the message of John Ross, as principal chief to the Cherokee national council, October 9, 1861, this convention was held on the 21st of August, 1861. 565 Pike's letter to Commissioner of Indian Affairs, February 17, 1866. 566 Pike's letter to Commissioner of Indian Affairs, February 17, 1866. These treaties were concluded on the following dates respectively: Creek, July 10; Choctaw and Chickasaw, July 12; Seminole, August 1; Shawnees, Delawares, Wichitas, and affiliated tribes resident in leased territory, and Comanches, August 12, 1861. 567 The treaty with the Osages was concluded October 2, that with the Senecas and Shawnees on the same day, and also that with the Quapaws. (See Report Commissioner of Indian Affairs for 1865, p. 318.) 568 The text of this treaty was reprinted for the use of the United States treaty commissioners in 1866. 569 August, 1861. See letter of Commissioner of Indian Affairs to the President, June 15, 1866. 570 General Albert Pike in his letter of February 17, 1866, speaks of being escorted from Fort Gibson to Park Hill on his way to conclude the treaty of October 7, 1861, by eight or nine companies of Colonel Drew's regiment, which had been previously raised as a home guard by order of the national council. 571 This address (printed as document No. 7, accompanying the letter of Commissioner of Indian Affairs to the President, June 15, 1866) bears date of December 19, 1862. This is an evident typographical error for 1861, because the address was in the nature of a censure upon the regiment for its defection on the eve of a battle with the forces of O-poth-le-yo-ho-lo, the loyal Creek leader. This battle occurred at Bushy or Bird Creek, December 9, 1861, and before the expiration of another year Ross had left the Cherokee country under the escort of Colonel Weir. 572 Greeley's American Conflict, Vol. II, p. 32; also, Report of Commissioner of Indian Affairs, June 15, 1866, and numerous other official documents. 573 Report of Commissioner of Indian Affairs to the President, June 15, 1866, p. 10. 574 Letter of General Albert Pike, February 17, 1866; also letter of T. J. Mackey, June 4, 1866. 575 Letter of General Albert Pike, February 17, 1866. 576 Commissioner of Indian Affairs to the President, June 15, 1866. 577 Ibid. 578 Letter of John Ross to O-poth-le-yo-ho-lo, September 19, 1861. 579 Report of Agent Cutler and Superintendent Coffin for 1862. See pages 135 and 138 of the Report of the Commissioner of Indian Affairs for 1862. 580 April 2, 1863. 581 Report of Commissioner of Indian Affairs for 1863, p. 24. 582 United States Statutes at Large, Vol. XIV, p. 799. 583 United States Statutes at Large, Vol. XVI, p. 727. 584 Letter of General J. J. Reynolds to Secretary of the Interior, June 28, 1865; printed in report of Commissioner of Indian Affairs for 1865, p. 295. 585 Report of D. N. Cooley, president of the commission, dated October 30, 1865. 586 Report of D. N. Cooley, president of the commission, dated October 30, 1865. 587 Report of Commissioner of Indian Affairs for 1865, p. 36. 588 Report of Elijah Sells, superintendent of Indian Affairs, October 16, 1865. 589 September 13, 1865. 590 September 15, 1865. 591 September 16, 1865. 592 This objection to consolidation was afterwards withdrawn, and, based upon fuller information of the proposed plan, was most fully concurred in. 593 September 18, 1865. 594 Statement of Southern delegation at an interview held with Commissioners Cooley and Sells, March 30, 1866. They also proposed that a census be taken and each man be allowed to decide whether or not he would live under the jurisdiction of the Ross party. 595 Statement of loyal delegation at interview held with Commissioners Cooley and Sells, March 30, 1866. 596 Sundry interviews between Commissioners Cooley and Sells and the loyal and Southern delegations, from March to June, 1866. 597 June 13, 1865. 598 United States Statutes at Large, Vol. XIV, p. 799. 599 See preamble to treaty of July 19, 1833. 600 John Ross, or Kooeskoowe, was of mixed Scotch and Indian blood on both father's and mother's side. His maternal grandfather was John Stuart, who for many years prior to the Revolutionary war was British superintendent of Indian affairs for the southern tribes and who married a Cherokee woman. He was born about 1790 in that portion of the Cherokee Nation within the present limits of Georgia, and died in Washington, D. C., August 1, 1866. As early as 1813 Ross made a trip to the Cherokee country west of the Mississippi, ascending the Arkansas River to the present limits of Indian Territory, and wrote a detailed account of the situation and prospects of his brethren, the character of the country, etc. In 1820 (and perhaps earlier) he had become president of the Cherokee national committee, and continued so until the adoption of a constitution by the Cherokee Nation, July 26, 1827. Of this constitutional convention Mr. Ross was the president, and under its operation he was elected principal chief, a position which he continued to hold until his death. 601 May 11, 1872. United States Statutes at Large, Vol. XVII, p. 98. 602 April 29, 1874. United States Statutes at Large, Vol. XVIII, p. 41. 603 February 28, 1877. United States Statutes at Large, Vol. XIX, p. 265. 604 See treaty of April 27, 1868. United States Statutes at Large, Vol. XVI, p. 727. 605 See report of Commissioner of Indian Affairs to Secretary of Interior, March 1, 1867, transmitting the agreement. 606 October 9, 1867. 607 United States Statutes at Large, Vol. XVI, p. 727. 608 See Indian Office records. 609 See report of Commissioner Indian Affairs for 1870, p. 376. 610 See report of Commissioner Indian Affairs for 1871, p. 671. 611 August 11, 1871. 612 5,019.91 acres. 613 United States Statutes at Large, Vol. XV, p. 222. 614 August 27, 1868. 615 December 23, 1868. 616 July 6, 1867. 617 March 3, 1868. 618 February 26, 1868. 619 See document "Fortieth Congress, second session—confidential—Executive 3P." 620 United States Statutes at Large, Vol. VII, p. 311. 621 Ibid., p. 414. 622 Ibid., p. 478. 623 United States Statutes at Large, Vol. IX, p. 871. 624 United States Statutes at Large, Vol. IX, p. 446. 625 United States Statutes at Large, Vol. X, p. 283. 626 Indian Office records. 627 December 6, 1867. 628 July 31, 1868. 629 Letter of Cherokee delegation to Commissioner of Indian Affairs, April 23, 1868. 630 Treaty of November 7, 1825, in United States Statutes at Large, Vol. VII, p. 284. 631 Treaty of May 10, 1854, in United States Statutes at Large, Vol. X, p. 1053. 632 United States Statutes at Large, Vol. XVI, p. 53. 633 August 14, 1871. 634 United States Statutes at Large, Vol. XIV, p. 687. 635 April 10, 1868. 636 May 27, 1868. 637 United States Statutes at Large, Vol. XVI, p. 362. 638 Letter of Cherokee delegation to Commissioner of Indian Affairs, February 15, 1871. 639 May 27, 1871. 640 Letter of Cherokee delegation to Commissioner of Indian Affairs, June 10, 1871. 641 United States Statutes at Large, Vol. XVII, p. 228. 642 April 8, 1872. 643 See surveyors' plats on file in Indian Office. 644 See report of Commissioner of Indian Affairs to Secretary of the Interior, March 6, 1875. 645 United States Statutes at Large, Vol. XIX, p. 28. 646 United States Statutes at Large, Vol. XVII, p. 190. 647 United States Statutes at Large, Vol. XIV, p. 717. 648 Treaty of October 21, 1867, United States Statutes at Large, Vol. XV, p. 581. 649 United States Statutes at Large, Vol. XV, p. 593. 650 August 10, 1869. 651 United States Statutes at Large, Vol. XVII, p. 190. 652 October 24, 1872. 653 November 18, 1873. 654 United States Statutes at Large, Vol. XIX, p. 120. 655 January 30, 1877. 656 September 8, 1877. 657 Letter of the Secretary of the Interior to the President, June 21, 1879. 658 June 23, 1879. 659 United States Statutes at Large, Vol. XIX, p. 187. 660 January 27, 1877. 661 Report of Commissioner of Indian Affairs for 1877, pp. 21—23. 662 Report of Commissioner of Indian Affairs for 1878, p. xxxvi. 663 United States Statutes at Large, Vol. XXI, p. 380. 664 Act of May 27, 1878, United States Statutes at Large, Vol. XX, p. 63. 665 Report of Commissioner of Indian Affairs for 1879, p. xl. 666 Report of Commissioner of Indian Affairs for 1881, p. lxiii. The removal was accomplished between October 5 and October 23. 667 Deeds were executed June 14, 1883, by the Cherokee Nation to the United States in trust for each of the tribes located upon Cherokee country west of 96°, such deeds being in each case for the quantity of land comprised within the tracts respectively selected by or for them for their future use and occupation. See Report of Commissioner of Indian Affairs, for 1883, p. lii. 668 February 27, 1871. 669 April 14, 1871. 670 May 4, 1871. 671 The survey was approved by the commissioners December 11, 1871. 672 Acts of July 25, 26, and 27, 1866. 673 May 13, 1870. 674 May 21, 1870. 675 May 23, 1870. 676 June 13, 1870. 677 The persons affected by this action were comprised within four classes, viz: 1. White persons who had married into the tribe. 2. Persons with an admixture of Indian blood, through either father or mother. 3. Adopted persons. 4. Persons of African descent who claimed rights under the treaty of 1866. 678 February 15, 1876. 679 October ——, 1876. 680 April 4, 1879. 681 December 12, 1879. 682 A bill to this effect was introduced into the Senate by Senator Ingalls, of Kansas, June 3, 1879, and reported from the Committee on Indian Affairs, with amendments, June 4, 1880, by Senator Williams, of Kentucky. 683 December 6, 1879. 684 October 16, 1880. 685 November 23, 1880. 686 January 26, 1882. 687 May 9, 1883. 688 William Bartram, who traveled through their country in 1776, says (Travels in North America, p. 483): "The Cherokees in their dispositions and manners are grave and steady, dignified and circumspect in their deportment; rather slow and reserved in conversation, yet frank, cheerful, and humane; tenacious of the liberties and natural rights of man; secret, deliberate, and determined in their councils; honest, just, and liberal, and always ready to sacrifice every pleasure and gratification, even their blood and life itself, to defend their territory and maintain their rights." 689 Hon. J. C. Calhoun, Secretary of War, under date of March 29, 1824, in a communication addressed to the President to be laid before the United States Senate, alludes to the provision contained in the treaty of 1791 and says: "In conformity to the provisions of this article the various utensils of husbandry have been abundantly and constantly distributed to the Cherokee Nation, which has resulted in creating a taste for farming and the comforts of civilized life." 690 May 30, 1820. 691 Letter of Hon. J. C. Calhoun Secretary of War, March 29, 1824. In this letter Mr. Calhoun says: "Certain benevolent societies in the year 1816 applied for permission to make establishments among the Cherokees and other southern tribes, for the purpose of educating and instructing them in the arts of civilized life. Their application was favorably received. The experiment proved so favorable, that Congress, by act of March 3, 1819, appropriated $10,000 annually as a civilization fund, which has been applied in such a manner as very considerably to increase the extent and usefulness of the efforts of benevolent individuals and to advance the work of Indian civilization." 692 The eight districts into which the nation was at this time divided were, Chickamauga, Chatooga, Coosawatee, Amohee, Hickory Log, Etowah, Taquoe, and Aquohee. 693 The census of the nation east of the Mississippi, taken in 1835, exhibited the following facts:
694 In addition there was ceded by this treaty for the location of other Indian tribes all the Cherokee domain in Indian Territory lying west of 96°, containing by actual survey 8,144,772.35 acres or 12,726 square miles. 695 And a fractional square mile comprising 374 acres. Transcriber's Note: Inconsistent spelling and hyphenation are as in the original. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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