AMERICAN STATE PAPERS - CLASS II - INDIAN AFFAIRS
American State Papers, Documents, Legislative and Executive, Of the Congress of the United States
Volume IV
Page 38
General Knox, Secretary of War, to the President of the United States
This nation of Indians, consisting of separate towns or villages, are seated on the head waters of the Tennessee, which runs into the Qhio. Their hunting grounds extend from Cumberland river along the frontiers of Virginia, North and South Carolina, and part of Georgia.
The frequent wars they have had with the frontier people of the said States, have greatly diminished their numbers. The commissioners estimated them, in November, 1785, at 2,000 warriors; but they were estimated, in 1787 by Colonel Joseph Martin, who was well acquainted with them, at 2,650; but it is probable they may be lessened since, by the depredations committed on them.
The United States concluded a treaty with the Cherokees, at Hopewell, on the Keowee, the 28th of November, 1785, which is entered on the printed journals of Congress, April 17th, 1786. The negotiations of the commissioners on the part of the United States, are hereunto annexed, marked A.
It will appear, by the papers marked B, that the State of North Carolina, by their agent, protested against the said treaty as infringing and violating the legislative rights of that State.
By a variety of evidence which has been submitted to the late Congress, it has been proved that the said treaty has been entirely disregarded by the white people inhabiting the frontiers, styling themselves the State of Franklin.
The proceedings of Congress on the first of September, 1788, and the proclamation they then issued on this subject, will show their sense of the many unprovoked outrages committed against the Cherokees.
The information contained in the papers marked C, from Colonel Joseph Martin, the late agent to the Cherokees, and Richard Winn, Esq. will further evince the deplorable situation of the Cherokees, and the indispensable obligation of the United State. to vindicate their faith, justice, and national dignity.
The letter of Mr. Winn; the late superintendent, of the first of March, informs, that a treaty will be held with the Cherokees on the third Monday of May, at the {j per War-ford, on French Broad river.
But it is to be observed, that the time for which both he, and Colonel Joseph Martin, the agent to the Cherokees and Chickasaws, were elected, has expired; and, therefore, they are not authorized to act on the part of the Union. If the commissioners appointed , North Carolina, South Carolina, and Georgia, by virtue of the resolve of Congress of the 26th of October, 1787, should attend the said treaty, their proceedings thereon may soon be expected.
But as part of the Cherokees have taken refuge within the limits of the Creeks, it is probable they will be under the same direction, and, therefore, as the fact of the violation of the treaty, cannot be disputed, and as the commissioners have not power to replace the Cherokees within the limits established in 1785, it is not probable, even if a treaty should be held, as stated by Mr. Winn, that the result would be satisfactory.
All which is humbly submitted to the President of the United States.
WAR Office, July 7th, 1789. H. Knox
AMERICAN STATE PAPERS - CLASS II - INDIAN AFFAIRS
American State Papers, Documents, Legislative and Executive, Of the Congress of the United States
Volume IV
Page 38
A. No 1
Hopewell on the Weowee, 2nd December, 1785
SIR:
We enclose to your Excellency a treaty which we entered into on the 28th ultimo, with all the Cherokees at this place. ... We had invited the Chiefs only of the respective towns, but they having some reason to expect ill treatment from some people in that part of the westward of North Carolina, where the exercise of an independent #. has lately been assumed, were under the necessity of bringing their young warriors, their ... children, who were most exposed, to be protected, so that from this nation we have had nine hundred and eighteen. - - - - - -
Previous to entering into the treaty, we, with interpreters who understood the Cherokee language well, explain ed the occurrences of the late war, with the extent of territory ceded to us by the King of Great Britain. We also explained eyery article of the treaty, so that they could comprehend it perfectly. After it was signed, they express ed their§ºto the United States of America for taking them under protection, and treating them with such unexpected justice.
The agents of Georgia and North Carolina attended the treaty, as will appear by their protest, herewith enclosed. The commissioners, in establishing the boundary which is the chief cause of all the complaints of the Indians, were desirous of accommodating the southern States, and their western citizens, in any thing consistent with the duty we owed to the United States.
We established the line from forty miles above Nashville on the Cumberland, agreeable to the deed of sale to Richard Henderson & Co. as far as the Kentucky ford; thence to the mountain six miles south of Nolichuckey, able to the treaty in 1777, with Colonel William Christie, William Preston, and Evan Shelby, on the part of Virginia; and Waitstill Avery, attorney general, Colonel Robert Lanier, William Sharp, and Joseph Winston, on
Page 39 [1789]
the part of North Carolina; thence by, agreement, south, to the North Carolina line, and to the South Carolina Indian boundary; thence to the Tugelo river, the treaty at Dewit’s corner in 1777, with States of South Carolina and Georgia; thence, over the Curra - - ee mountain, to the south fork of Oconee, the *ś, at Augusta, of 1783. The line from Duck river is now given by the Cherokees to accommodate the people of Nashville, and others, south of the Cumberland, (which river is the southern boundary of the lands sold to Richard Henderson & Co.) as it would be difficult to remove them, as well as .# distressing to the citizens.
There are some few people settled on the Indian lands, whom we are to remove, and those in the fork of French Broad and Holston, being numerous, the Indians agreed to refer their particular situation to Congress, and abide their decision. We told them there were too º for us to engage positively to order off, although they had settled expressly against the treaty entered into by Virginia and North Carolina with the Cherokees in 1777.
The commissioners know not what is best to be done in this case. They see that justice, humanity, and good policy, require that some compensation should be made to the Indians for these lands; but the manner of doing it fº would be difficult. However, a small sum we think could be raised on the unlocated lands, as well as those already settled; and which, if appropriated to the purpose of teaching them some useful branches of mechanics, .#be of lasting advantage. Some of the women have lately learnt to spin, and many of them are very desirous that some method should be fallen on to teach them to raise flax, cotton, and wool, as well as to spin weave it.
We have required the aid of the agent of North Carolina, and the commissioners of Georgia, in the execution of the treaty, and we that difficulties will frequently arise, and, indeed, render it ineffectual, if these two states should refuse their co-operation. We have given the Indians some presents, but our stock was so small, compared with the number of Indians, and their naked distressed condition, that the dividend was trifling indeed. We told them that we invited and expected the head-men and warriors only; that the object of our commission was Altogether for their benefit, and we had made provision accordingly.
Spaniards and the French from New Orleans are making, great efforts to engross the trade of the Indians; several of them are on the north side of the Tennessee, and well supplied with proper goods for the trade. The Governor of New Orleans, or West Florida, has sent orders to the Chickasaws to remove all traders from that country, except those who had or should take the oath of allegiance to the Catholic King; and also, had appointed ten traders, who were down after goods, when our informant, a man of respectability, left that country.
We sent a very intelligent, honest man, with our invitation to the Choctaws and Chickasaws, to treat with us, and he brought us assurances from them, that they would attend the treaty; and some of the former set out before he left the Chickasaw nation, but none of them have as yet arrived, and we cannot account for it, unless we give credit to reports, which contradict, expressly, all assurances of their attachment to the United States, and joy on the first notification of the resolution of Congress, appointing commissioners, to treat with them, and receive them into the favor and protection of the United States. The Cherokees say that, the Northern Indians have their emissaries among the Southern tribes, endeavoring to prevail on them to form an alliance offensive against the United States, and to commence hostilities against us in the spring, or next fall, at the farthest; they also say, that, not only the British emissaries are for this measure, but that the Spaniards have extensive claims to the southward, and have been endeavoring to poison the minds of the Indians against us, and to win their affections, by large supplies of arms, military stores, and clothing.
- -
We are at a loss what to do, to complete the object of our commission; the sum to which we are limited, is already, by our disappointments and expenses attendant thereon, so diminished, that we are unable to fix on any place, and therefore must await the further order of Congress.
We have, for the information of Congress, collected, as near as may be, the number of Indians in the four Southern States, and we find the gun-men of the Cherokees, - - 000
The !'; and Lower Creek nation, from an agent who resided seven years in their towns, and employed by John Stewart, for the purpose, - - - - 5,400
The Chickasaws, - - - - - - - - - 800
The Choctaws, - - - - - - - - - 6,000
- 14,000
There are, also, some remains of tribes settled among these, as Shawanees, Eutchees, &c. &c.
At a moderate calculation, we may reckon the women, the children, and the old men, unfit for hunting, to four times the number of gun-men. -
We have the honor to be, with due respect, &c.
BENJAMIN HAWKINS,
ANDREW PICKENS,
JOSEPH MARTIN
LACH’N McINTOSH
His Excellency Richard HENRY.L.E.E. Esq.
President of Congress.
AMERICAN STATE PAPERS - CLASS II - INDIAN AFFAIRS
American State Papers, Documents, Legislative and Executive, Of the Congress of the United States
Volume IV
Page 40
Keeowee, 28th of November, 1785
A. No 3
Hopewell on Keowee, the 18th November, 1785
The commissioners of the United States, in Congress assembled, to treat with the Cherokees, and all other Indians southward of them, within the limits of the United States, assembled.
Present: Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Laughlin McIntosh; from the State of North Carolina; the honorable William Blount, Esq. who produced his commission, as agent for that State.
The commissioners ordered a return to be made of the Indians, and there were five hundred. The head-men and warriors having informed, that the present representation of their tribes was not complete, but would be so in a few days, it was agreed to postpone treating with them until the whole representation should arrive.
November 21
The head-men and warriors of all the Cherokees assembled., Ordered, that the interpreters inform the Indians that commissioners will meet them to-morrow at 10 o’clock, under the bower erected for that purpose.
November 22.
The commissioners assembled. Present: Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Laughlin McIntosh. From the State of North Carolina, William Blount, agent. From the State of Georgia, John King and Thomas Glasscock, commissioners. From all the tribes or towns of the Cherokees, the head-men and warriors. James Madison, Arthur Coody, Interpreters.
The Commissioners delivered the following address to the Indians:
Head-men and warriors of all the cherokees: We are the men whom you were informed came from Congress to meet you, the head-men and warriors of all the cherokees, to give you peace, and to receive you into the favor and protection of the Untied States, and to remove, as far as may be, all causes of future contention or quarrels. That you, your people, your wives and children, may be happy, and feel and know the blessings of the new change of sovereignty over this land, which you and we inhabit.
We sincerely wish you to live as happily as we do ourselves, and to promote that happiness as far as is in our power, regardless of any distinction of color, or of any difference in our customs, our manners, or particular situation.
Page 41
This humane and generous act of the United States, will no doubt be received by you with gladness, and held in grateful remembrance, and the more so, as many of your young men, and the greatest number of your warriors, during the late war, were our enemies, and assisted the King of Great Britain in his endeavors to conquer our country.
You, yourselves, know, that your refused to listen to the good talks Congress sent you; that the cause you espoused was a bad one; that all the adherents of the King of Great Britain are compelled to leave this country, never more to return.
Congress is now the sovereign of all our country, which we now point our to you on the map. They want none of your lands, or any things else which belongs to you; and as an earnest of their regard for you, we propose to enter into articles of a treaty perfectly equal, and conformable to what we now tell you.
If you have any grievances to complain of, we will hear them, and take such measures, in consequence thereof, as may be proper. We expect you will speak your minds freely, and look upon us as the representatives of your father and friend, the Congress, who will see justice done to you. We may now retire, and reflect on what we have told you, and let us hear from you to-morrow, or as soon as possible
November 23
Present as yesterday. After sitting some time in silence, the Tassel of Chota arose, and addressed the commissioners as follows: