Cherokee Mythology (Illustrated Edition). James Mooney

to further entries, not to be opened again until peace had been declared with England, but the borderers paid little attention to the law in such matters, and the rage for speculation in Tennessee lands grew stronger daily.135 In the fall of 1782 the chief, Old Tassel of Echota, on behalf of all the friendly chiefs and towns, sent a pathetic talk to the governors of Virginia and North Carolina, complaining that in spite of all their efforts to remain quiet the settlers were constantly encroaching upon them, and had built houses within a day’s walk of the Cherokee towns. They asked that all those whites who had settled beyond the boundary last established should be removed.136 As was to have been expected, this was never done.

      The Chickamauga band, however, and those farther to the south, were still bent on war, being actively encouraged in that disposition by the British agents and refugee loyalists living among them. They continued to raid both north and south, and in September, 1782, Sevier, with 200 mounted men, again made a descent upon their towns, destroying several of their settlements about Chickamauga creek, and penetrating as far as the important town of Ustana′li, on the headwaters of Coosa river, near the present Calhoun, Georgia. This also he destroyed. Every warrior found was killed, together with a white man found in one of the towns, whose papers showed that he had been active in inciting the Indians to war. On the return the expedition halted at Echota, where new assurances were received from the friendly element.137 In the meantime a Georgia expedition of over 400 men, under General Pickens, had been ravaging the Cherokee towns in the same quarter, with such effect that the Cherokee were forced to purchase peace by a further surrender of territory on the head of Broad river in Georgia.138 This cession was concluded at a treaty of peace held with the Georgia commissioners at Augusta in the next year, and was confirmed later by the Creeks, who claimed an interest in the same lands, but was never accepted by either as the voluntary act of their tribe as a whole.139

      By the preliminary treaty of Paris, November 30, 1782, the long Revolutionary struggle for independence was brought to a close, and the Cherokee, as well as the other tribes, seeing the hopelessness of continuing the contest alone, began to sue for peace. By seven years of constant warfare they had been reduced to the lowest depth of misery, almost indeed to the verge of extinction. Over and over again their towns had been laid in ashes and their fields wasted. Their best warriors had been killed and their women and children had sickened and starved in the mountains. Their great war chief, Oconostota, who had led them to victory in 1780, was now a broken old man, and in this year, at Echota, formally resigned his office in favor of his son, The Terrapin. To complete their brimming cup of misery the smallpox again broke out among them in 1783.140 Deprived of the assistance of their former white allies they were left to their own cruel fate, the last feeble resistance of the mountain warriors to the advancing tide of settlement came to an end with the burning of Cowee town,141 and the way was left open to an arrangement. In the same year the North Carolina legislature appointed an agent for the Cherokee and made regulations for the government of traders among them.142

      Relations with the United States

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From the First Treaty to the Removal—1785–1838

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      Passing over several unsatisfactory and generally abortive negotiations conducted by the various state governments in 1783–84, including the treaty of Augusta already noted,143 we come to the turning point in the history of the Cherokee, their first treaty with the new government of the United States for peace and boundary delimitation, concluded at Hopewell (25) in South Carolina on November 28, 1785. Nearly one thousand Cherokee attended, the commissioners for the United States being Colonel Benjamin Hawkins (26), of North Carolina; General Andrew Pickens, of South Carolina; Cherokee Agent Joseph Martin, of Tennessee, and Colonel Lachlan McIntosh, of Georgia. The instrument was signed by thirty-seven chiefs and principal men, representing nearly as many different towns. The negotiations occupied ten days, being complicated by a protest on the part of North Carolina and Georgia against the action of the government commissioners in confirming to the Indians some lands which had already been appropriated as bounty lands for state troops without the consent of the Cherokee. On the other hand the Cherokee complained that 3,000 white settlers were at that moment in occupancy of unceded land between the Holston and the French Broad. In spite of their protest these intruders were allowed to remain, although the territory was not acquired by treaty until some years later. As finally arranged the treaty left the Middle and Upper towns, and those in the vicinity of Coosa river, undisturbed, while the whole country east of the Blue ridge, with the Watauga and Cumberland settlements, was given over to the whites. The general boundary followed the dividing ridge between Cumberland river and the more southern waters of the Tennessee eastward to the junction of the two forks of Holston, near the present Kingsport, Tennessee, thence southward to the Blue ridge and southwestward to a point not far from the present Atlanta, Georgia, thence westward to the Coosa river and northwestward to a creek running into Tennessee river at the western line of Alabama, thence northward with the Tennessee river to the beginning. The lands south and west of these lines were recognized as belonging to the Creeks and Chickasaw. Hostilities were to cease and the Cherokee were taken under the protection of the United States. The proceedings ended with the distribution of a few presents.144

      While the Hopewell treaty defined the relations of the Cherokee to the general government and furnished a safe basis for future negotiation, it yet failed to bring complete peace and security. Thousands of intruders were still settled on Indian lands, and minor aggressions and reprisals were continually occurring. The Creeks and the northern tribes were still hostile and remained so for some years later, and their warriors, cooperating with those of the implacable Chickamauga towns, continued to annoy the exposed settlements, particularly on the Cumberland. The British had withdrawn from the South, but the Spaniards and French, who claimed the lower Mississippi and the Gulf region and had their trading posts in west Tennessee, took every opportunity to encourage the spirit of hostility to the Americans.145 But the spirit of the Cherokee nation was broken and the Holston settlements were now too surely established to be destroyed.

      The Cumberland settlements founded by Robertson and Donelson in the winter of 1779–80 had had but short respite. Early in spring the Indians—Cherokee, Creeks, Chickasaw, and northern Indians—had begun a series of attacks with the design of driving these intruders from their lands, and thenceforth for years no man’s life was safe outside the stockade. The long list of settlers shot down at work or while hunting in the woods, of stock stolen and property destroyed, while of sorrowful interest to those most nearly concerned, is too tedious for recital here, and only leading events need be chronicled. Detailed notice may be found in the works of local historians.

      On the night of January 15, 1781, a band of Indians stealthily approached Freeland’s station and had even succeeded in unfastening the strongly barred gate when Robertson, being awake inside, heard the noise and sprang up just in time to rouse the garrison and beat off the assailants, who continued to fire through the loopholes after they had been driven out of the fort. Only two Americans were killed, although the escape was a narrow one.146

      About three months later, on April 2, a large body of Cherokee approached the fort at Nashville (then called Nashborough, or simply “the Bluff”), and by sending a decoy ahead succeeded in drawing a large part of the garrison into an ambush. It seemed that they would be cut off, as the Indians were between them and the fort, when those inside loosed the dogs, which rushed so furiously upon the Indians that the latter found, work enough to defend themselves, and were finally forced to retire, carrying with them, however, five American scalps.147

      The attacks continued throughout this and the next year to such an extent that it seemed at one time as if the Cumberland settlements must be abandoned, but in June, 1783, commissioners from Virginia and North Carolina arranged a treaty near Nashville (Nashborough) with chiefs of the Chickasaw, Cherokee, and Creeks. This treaty, although it did not completely stop the Indian inroads, at least greatly diminished them. Thereafter the Chickasaw remained