Native Americans: 22 Books on History, Mythology, Culture & Linguistic Studies. James Mooney

Tennessee, nearly opposite the mouth of Lookout Mountain Creek. Subsequently103 he held a further conference with the Cherokees and endeavored to foster hostilities between them and the Creeks by urging the organization of a company of their young warriors to patrol the frontiers of Mero District for its protection against incursions of the Creeks. To this the leading Cherokee chiefs refused assent, not because of any objection to the proposition, but because they desired time for preparation.

      Intercourse Act of 1796

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Early in the following year104 President Washington, in an emphatic message, laid before Congress a communication from Governor Blount setting forth, the determination of a large combination of persons to take possession of certain Indian lands south and southwest of the Cumberland, under the pretended authority of certain acts of the legislature of North Carolina, passed some years previous, for the relief of her officers and soldiers of the Continental line.

      In view of the injustice of such intrusions and the mischievous consequences which would of necessity result therefrom, the President recommended that effective provision should be made to prevent them.

This eventuated in the passage of the act of Congress, approved May 19, 1796,105 providing for the government of intercourse between citizens of the United States and the various Indian tribes.

Treaty Concluded October 2, 1798106

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      Held near Tellico, in the Cherokee Council House between George Walton and Lieut. Col. Thomas Butler, commissioners on behalf of the United States, and the chiefs and warriors of the Cherokee Nation.

Material Provisions

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      Owing to misunderstandings and consequent delay in running the boundary line prescribed by the treaties of 1791 and 1794, and the ignorant encroachment of settlers on the Indian lands within the limits of such boundaries before their survey, it became desirable that the Indians should cede more land. The following treaty was therefore concluded:

      1. Peace and friendship are renewed and declared perpetual.

      2. Previous treaties acknowledged to be of binding force.

      3. Boundaries of the Cherokees to remain the same where not altered by this treaty.

      4. The Cherokees cede to the United States all lands within the following points and lines, viz: From a point on the Tennessee River, below Tellico Block House, called the Wild Cat Rock, in a direct line to the Militia Spring near the Maryville road leading from Tellico. From the said spring to the Chill-howie Mountain by a line so to be run as will leave all the farms on Nine Mile Creek to the northward and eastward of it, and to be continued along Chill-howie Mountain until it strikes Hawkins's line. Thence along said line to the Great Iron Mountain, and from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little River crosses the divisional line to Tuggaloe River. From the place of beginning, the Wild Cat Rock, down the northeast margin of the Tennessee River (not including islands) to a point one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle until it intersects Hawkins's line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Emmery's River; thence up Emmery's River to the foot of Cumberland Mountain. From thence a line to be drawn, northeastwardly along the foot of the mountain until it intersects with Campbell's line.

      5. Two commissioners to be appointed (one by the United States and one by the Cherokees) to superintend the running and marking of the line, immediately upon signing of the treaty, and three maps to be made after survey for use of the War Department, the State of Tennessee, and the Cherokee Nation respectively.

      6. Upon signing the treaty the Cherokees to receive $5,000 cash and an annuity of $1,000, and the United States to guarantee them the remainder of their country forever.

      7. The United States to have free use of the Kentucky road running between Cumberland Mountain and river, in consideration of which the Cherokees are permitted to hunt on ceded lands.

      8. Notice to be given the Cherokees of the time for delivering annual stipends.

      9. Horses stolen by either whites or Indians to be paid for at $60 each (if by a white man, in cash; if by an Indian, to be deducted from annuity). All depredations prior to the beginning of these negotiations to be forgotten.

      10. The Cherokees agree that the United States agent shall have sufficient ground for his temporary use while residing among them. This treaty to be binding and carried into effect by both sides when ratified by the Senate and President of the United States.

      Historical Data

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Disputes Respecting Territory

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In the year 1797 the legislature of the State of Tennessee addressed a memorial and remonstrance to Congress upon the subject of the Indian title to lands within that State. The burden of this complaint was the assertion that the Indian title was at best nothing greater than a tenancy at will; that the lands they occupied within the limits of the State had been granted by the State of North Carolina, before the admission of Tennessee to the Union, to her officers and soldiers of the Continental line, and for other purposes; that the treaties entered into with the Cherokees by the United States, guaranteeing them the exclusive possession of these lands, were subversive of State as well as individual vested rights, and praying that provision be made by law for the extinguishment of the Indian claim.107

This was communicated to Congress by the President. Mr. Pinckney, from the committee of the House of Representatives to which the matter was referred, submitted a report,108 accompanied by a resolution making an appropriation for the relief of such citizens of the State of Tennessee as had a right to lands within that State, by virtue of the cession out of the State of North Carolina, provided they had made actual settlement thereon and had been deprived of the possession thereof by the operation of the act of May 19, 1796, for regulating intercourse with the Indian tribes. The sum to be appropriated, it was declared, should be subject to the order of the President of the United States, to be expended under his direction, either in extinguishing the Indian claim to the lands in question, by holding a treaty for that purpose, or to be disposed of in such other manner as he should deem best calculated to afford the persons described a temporary relief.

New treaty.—The House of Representatives, on considering the subject, passed a resolution directing the Secretary of War to lay before them such information as he possessed relative to the running of a line of experiment from Clinch River to Chilhowie Mountain by order of Governor Blount, to which the Secretary responded on the 5th of January, 1798.