map, marked 9.1 For this cession the United States agreed to pay $14,000, and an annuity of $3,000.

226. Fourth Treaty of Tellico.-Two days later, October 27, 1805, another treaty was concluded between the same parties at the same place. In the former treaty the Indians had reserved several small tracts around spots to which they were especially attached. In order to show the purpose of the parties, and to give a specimen of the form of Indian treaties, this treaty is given below in full, omitting the caption and signatures:

“ARTICLE I. Whereas, it has been represented by the one party to the other, that the section of land on which the garrison of Southwest Point stands, and which extends to Kingston, is likely to be a desirable place for the Assembly of the State of Tennessee to convene at, (a committee from that body now in session having viewed the situation), now, the Cherokee, being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes and not for individual advantages, reserving the ferries to themselves, quit claim, and cede to the United States the said section of land, understanding at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the government; we also cede to the United States the first island in the Tennessee above the mouth of Clinch.

“ARTICLE II. And, whereas, the mail of the United States is ordered to be carried from Knoxville to New Orleans, through the Cherokee, Creek, and Choctaw countries; the Cherokees agree that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbee, to be laid out by viewers appointed on both sides, who shall direct it the nearest and best way; and the time of doing the business the Cherokees shall be notified of.

"ARTICLE III. In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians sixteen hundred dollars, in money or useful merchandise at their option, within ninety days after the ratification of this treaty.

“ARTICLE IV. This treaty shall be obligatory between the contracting parties as soon as it is ratified by the President, by and with the consent of the Senate, of the United States. In testimony whereof," etc.2

227. Dearborn's Treaty.—At Washington City, Henry Dearborn, Secretary of War, concluded a treaty with the Cherokees, January 7, 1806, which was proclaimed by the President, May 23, 1807. By this treaty the Cherokees ceded to the United States an extensive tract, lying in Mississippi, Alabama, and Tennessee. The portion of this cession lying in Tennessee, south of Duck River, is shown on the annexed map, marked 12. By this treaty the Cherokees also ceded Long Island, in Holston River. This cession is marked 13 on the annexed map. In consideration of these cessions, the United States agreed to pay ten thousand dollars, and further agreed as follows: "That a gristmill shall, within one year from date hereof, be built in the Cherokee country for the use of the nation, at such place as shall be considered most convenient; that the said Cherokees shall be furnished with a machine for cleaning cotton; and, also, that the old Cherokee chief, called the Black Fox, shall be paid annually one hundred dollars by the United States during his life."

228. Robertson and Meigs' Treaty.—This treaty was held on Chickasaw Island, in Tennessee River, and was concluded with the Cherokees by James Robertson and Return J. Meigs, September 11, 1807, and was proclaimed April 22, 1808. It was merely an elucidation of former treaties, and made no additional cessions of land. In consideration of concessions made by the Indians on the points in dispute, the United States agreed to pay them two thousand dollars, and accorded them the privilege of hunting in the ceded territory. There was also a secret article that one thousand dollars and two rifles should be given to the chiefs who negotiated the treaty.

229. The Capitulation of the Creeks.-Following the crushing blow administered to the Creeks at Tohopeka, Gen. Andrew Jackson dictated to them a treaty which was concluded August 9, 1814. Of the land ceded by the Creeks, no portion was within the limits of Tennessee, but this treaty had an important influence on the history of the State.

230. Sundry Treaties with the Cherokees. - George Graham, Commissioner of the United States, concluded two treaties with the Cherokees March 22, 1816. The first ceded land in South Carolina, for which the State of South Carolina agreed to pay five thousand dollars. The second made no cession of land, but contained important stipulations with reference to boundaries, con ceding to the United States the free navigation of all rivers in Cherokee territory,

1 Haywood, p. 34; Report of Bureau of Ethnology, 1883-1884, pp. 183-190.

2 The cessions made by this treaty are shown in the map, marked 10 and 11. Scott's Edition Laws of Tennessee, Vol. II, pp. 820. 821.

and the right to open and use roads free of charge. For these concessions, and to reimburse the Indians for losses, etc., the United States agreed to pay twenty-five thousand dollars.

Gen. Andrew Jackson, Gen. David Meriwether, and Jesse Franklin, Commissioners of the United States, concluded with the Cherokees a treaty, at the Chickasaw Council House, September 14, 1816. By this treaty the Cherokees ceded a large tract in Georgia, for which they received five thousand dollars in cash, and an annuity of six thousand dollars for ten years. This treaty was ratified by the Cherokee Nation, at Turkeytown, October 4, 1816, and was proclaimed December 30, 1816. By these treaties no cession of land was made within the limits of Tenncssee.

231. Jackson and McMinn's Treaty.-This name has been given in Tennessee to the treaty concluded at the Cherokee Agency, July 18, 1817, between Andrew Jackson, Joseph McMinn, and David Meriwether with the Cherokees. By this treaty a tract of land was ceded in Tennessee, marked 14, provision was made for a census of the Cherokee Nation, and inducements were offered for the removal of the Cherokees west of the Mississippi River. The United States agreed to cede to the Cherokees who should remove, a tract of land north of the Arkansas river, equal in area to the cessions made by the Cherokees in this treaty, to bear the expense of removal, to give each "poor warrior one rifle gun and ammunition, one blanket, one brass kettle, or, in lieu of the brass kettle, a beaver trap," to pay for all improvements on the real estate left behind, and to have a census of the tribe taken, in accordance with which all who removed west should receive their proportional shares of all annuities granted the tribe by previous treaties. Provis ion was also made for granting to each head of a Cherokee family residing within the ceded territorry a tract of six hundred and forty acres, on condition of his becoming a citizen of the United States.

232. Great Chickasaw Cessión.- By a treaty made September 20, 1816, the Chickasaws ceded to the United States their title to certain lands in dispute. The great Chickasaw cession was made October 19, 1818. This treaty was concluded at the Treaty Ground east of Old Town" with the United States Commissioners, Isaac Shelby and Andrew Jackson. By this treaty, the Chickasaws ceded to the United States all of what is now West Tennessee, the tract extending into Kentucky between the Ohio and Tennessee rivers. A tract in Tennessee, four miles square, was reserved, including “a salt lick, or springs," near Sandy River. Three other small tracts were reserved to individual Indians on condition that all persons living on these reservations shall be subject to the laws of the United States. In consideration of these cessions, the United States agreed to pay "twenty thousand dollars per annum, for fifteen successive years, to be paid annually;" and also agreed to pay two debts of the Chickasaws, one to Captain Gordon of $1,115, and one to Captain Smith of $2,000; and further agreed to pay to individual Chickasaws sums amounting to $4,264; and further agreed that all annuities heretofore payable in goods should be hereafter paid in cash. In consequence of some delays in the first payments stipulated in the treaty, Andrew Jackson and William B. Lewis raised the money on their personal credit, and prompt payment was made.1 This cession is marked 15 on the annexed map.

233. Calhoun's Treaty.—February 27, 1819, John C. Calhoun, Secretary of War, concluded a treaty with the Cherokees, who ceded various outlying tracts which had not been included in former treaties. Three of these were extensive tracts, marked on the map respectively 16, 17, and 18. The others were tracts of small area, from one to twelve miles square, which had been retained by the Indians as favorite spots, for which they felt a special attachment, or a superstitious reverence. These are shown on the map, marked respectively 19, 20, 21, 22, and 23. It was agreed that these minor cessions were to be sold by the United States, the proceeds to be invested in goods and stocks, the annual income of which should be used for establishing schools for the Cherokees. Many stipulations were made for issuing grants of six hundred and forty acres each to individual Indians. The policy of the treaty was to encourage the Cherokees to emigrate west of the Mississippi, and to induce those who remained to abandon their tribal relations, and to become citizens of the United States. This treaty extinguished the title of the Cherokees to all lands in Tennessee, except the tract marked 26, and known as the Ocoee District," to which they retained title until December, 1835.

234. Overton's Treaty.-In 1823, a treaty was made with the Chickasaws by Judge John Overton by which the Chickasaws released claim to the small tracts of land which they had reserved in former treaties. One tract, four miles square, including the salt lick on Sandy River, is shown on the map, marked 24. Another tract, one mile square, on Tennessee River, at the mouth of Duck River, and known as "Okoye's Reservation," is marked 25.

1 See two letters of Andrew Jackson in American Historical Magazine, Vol. IV, pp. 99–101 (April number, 1899).

235. Attitude of Tennessee and Georgia.- The Cherokees were too weak to engage in war, but were not congenial neighbors. They had learned many of the arts and vices of civilized life, and had, to a great extent, abandoned their roving habits. They did not need large areas of ground, and had gradually sold all their territory in Tennessee except Ocoee District The bulk of the nation had been gradually forced down into Georgia. They showed some disposition to become citizens of the United States, and actually made propositions to that effect. The

people of Tennessee and Georgia, however, were bent on their removal across the Mississippi. Both States became involved in controversies with the Federal authorities in reference to the Indian relations. The controversy on the part of Tennessee was with reference to the State law directing the sale of disputed reservations. The controversy on the part of Georgia was more serious. The United States accepted the cession of the western lands of Georgia in 1802, and agreed to extinguish all Indian titles to lands within the limits of the State. Georgia demanded the fulfillment of the contract. Meanwhile, and before any steps had been taken for the removal of the Indians, Georgia asserted the right to legislate for the entire State, and to execute her laws within the Indian reservations. The United States claimed that the Indians were a distinct organization within the limits of Georgia, and could be dealt with only by Congress under the treaty-making powers. Governor Troupe, of Georgia, gave notice that he would maintain the authority of Georgia, and matters assumed a hostile shape during the latter part of the administration of Monroe and the succeeding administration of John Quincy Adams. Finally, the Cherokee Nation, July 26, 1827, adopted a Constitution as an independent and sovereign State. The people of Georgia were indignant at this attempt to establish a separate government within the jurisdiction of a sovereign State, and to assert a right which would be treason, if attempted by her own citizens. Her legislature made what they styled a last appeal to the United States, and expressed a purpose, if this should fail, to take the matter into their own hands.

236. Abortive Treaties.-In 1832, the Indian Territory was laid out west of the Mississippi, and in 1834 Congress made enactments for the definite location of the several tribes which were to occupy it. May 6, 1828, James Barbour, Secretary of War, concluded a treaty, and February 14, 1833, Stokes, Ellsworth and Schermerhorn concluded a similar treaty with the Cherokees. Neither of these treaties were contracts, but were a series of offers made by the United States to induce the Cherokees to remove to the Indian Territory west of the Mississippi River. Both treaties were barren of results. February 10, 1834, George Vashon concluded a treaty with the Cherokees similar in character, and offering additional inducements. This treaty was made inoperative by the refusal of President Andrew Jackson to submit it to the Senate.

237. Treaty of Removal.-This treaty was concluded December 29, 1835, at New Echota, Georgia, between the Cherokees and Gen. William Carroll and John F. Shermerhorn, Commissioners for the United States. By its provisions the Cherokees ceded to the United States all their lands east of the Mississippi River in consideration of $5,000,000. The United States ceded to the Cherokees fifteen million acres of land in the Indian Territory, which should never be included in any state or territorial government, and agreed to pay all expenses of removal, to furnish one year's subsistence in their new home, to pay for improvements on their lands, to pay various special funds and annuities, among other provisions to add $150,000 to the existing permanent school fund, and to appropriate $60,000 to pay debts due from the Cherokees to citizens of the United States. It was agreed that all who remained should be subject to the laws of the State within which they resided, and, upon becoming qualified as citizens, should be entitled to preempt one hundred and sixty acres of land. The treaty contained other important provisions which can not be here recited. March 1, 1836, a supplemental treaty was made, which added $1,000,000 to the obligations of the United States. The Cherokees agreed to remove to the Indian Territory within two years from the ratification of the treaty. By the terms of this treaty, the

title of the Cherokees was extinguished to Ocoee District, their last possession in Tennessee, marked on the map 26.

238. The Removal.-The large majority of the Cherokees, led by their famous chief, John Ross, were opposed to this treaty, and protested against it. The United States, however, refused to recognize their authority, and concluded the treaty with the minority party of the Cherokees, led by the chiefs Major Ridge and Andrew Ross. The Cherokee Nation, in full council, in October, 1835, rejected the treaty, but the United States Senate, nevertheless, confirmed it, and President Jackson proclaimed it May

23, 1836. John Ross went to Washington on behalf of his people, and endeavored to persuade the President and Congress to declare it void. He displayed great diplomatic ability, and created a strong sentiment of sympathy in favor of the Indians. Henry Clay, Daniel Webster, Edward Everett, Henry A Wise, and other political opponents of President Jackson, warmly espoused the cause of Ross. Previous to his departure for Texas, David Crockett ardently supported Ross. During the two years which had been allowed the Cherokees for removal, strong efforts were used to revoke the treaty, but President Jackson was firm. Many of the Indians removed in small bands before the appointed date. As the time drew near, Gen. Winfield Scott, with a force of United States troops, was ordered to the Cherokee country. He issued an address, announcing that he would enforce their removal in accordance with the terms of the treaty. Ross made application for extension of time, and other indulgences, which were granted. December 4, 1838, the last organized band of Cherokees began their march for the Indian Territory. A number, subsequently enumerated at one thousand and forty-six, took refuge in the mountains and remained behind. Most of these afterwards joined their comrades in the West. The few who finally remained abandoned their tribal relations, and became citizens of the United States. The total number of the Cherokees who removed West was stated on the rolls of John Ross to be thirteen thousand one hundred and forty-nine. Upon reaching their new homes, fierce dissensions arose between the party of John Ross and the Ridge party, which resulted in the killing of Major Ridge. Finally the nation became unified, and made other treaties with the United States by which they secured a large annual income.

239. The Indian Territory.-The Cherokees, Chickasaws, Creeks, Choctaws, and Seminoles, known as the "Five Civilized Tribes," are now dwelling peaceably and contentedly in the Indian Territory. They are prosperous, industrious, and law abiding. In addition to large revenues derived from the United States for the sale of their eastern lands, they are self-sustaining and wealthy. They owned many negro slaves prior to the general emancipation. They have schools, churches, good governments, and all the appliances of civilization. They have increased in numbers, the total population of the five tribes being 178,097, of which 50,055 are Indians. The Cherokee Nation, which numbered 13,149 upon its arrival, now numbers 56,309, of which 22,015 are Indians.1

1 United States Census, 1890, Vol. Indians, pp. 242, et seq. In this chapter frequent reference has been made to the invaluable article of Mr. Royce in the Report of the Bureau of Ethnology for 1883-84. This treatise is confined to the Cherokees, and extends beyond the limits of Tennessee.

TOPICAL ANALYSIS-CHAPTERS X-XVIII.

I. Washington County; Organized by North Carolina, 1777.

II.

III.

IV.

(a) Washington Judicial District; Civil and Military Tribunals.

(b) Population; Internal Improvements; Important Events; Indian Hostilities; A Dangerous Crisis.

The Cumberland Settlements; 1779 to 1783.

(a) Explorers; Transylvania Purchase; Prospectors; Thomas Sharp Spencer, and Others.

(b) Settlers; James Robertson; Donelson's Voyage; Other Settlers.

(c) Articles of Compact; Government under the Compact.

(d) Indian Hostilities; Freeland Station; Battle of the Bluffs; Guerrilla Warfare.
(e) The Dark Days; The Council; Robertson's Firmness; Peace with England.

Watauga; 1780 to 1783; The South Overrun; King's Mountain.
Cherokee War; Greene and Davidson Counties formed; First Cession.

V. State of Franklin; Its Constitution; Sevier elected Governor; The Capitol.

VI. Collapse of Franklin in 1788; Sevier in Custody.

VII. Sevier's Release; His election as Delegate; His appointment as Brigadier-General.
VIII. Cumberland; 1783 to 1790; Davidson County.

(a) Bounty Lands; Treaty of Nashborough; Spanish Intrigues.

(b) Sumner County formed; Mero Judicial District.

(c) Indian Hostilities; Appeals for Aid; Coldwater Expedition.

(d) Second Cession of North Carolina; Congress accepts the Cession.

IX. Southwest Territory, 1790 to 1796; William Blount, Governor.

(a) President appoints Daniel Smith, Secretary; David Campbell, John McNairy, Joseph Anderson, Judges.

(b) President appoints Brigadier-Generals: John Sevier for Washington, James Robertson for Mero.

(c) Governor organizes Counties: Washington, Sullivan, Greene, Hawkins, David. son, Sumner, Tennessee.

(d) Governor organizes Judicial Districts: Washington, Mero.

(e) Governor appoints Territorial, Judicial, Civil, and Military Officers; Issues Licenses.

(f) Governor's Policy; Conciliatory; Favors Statehood; Not firm in I dian Affairs.

(g) Indian Relations; Spanish Intrigues; Separatists; Federal authorities Deceived; Sentiment of New England.

(1) McGillivray; Guerrilla Warfare; Chickasaws Friendly; Blount's Vacillation.

(2) Zeigler's Station; Buchanan's Station; Murder of the Bledsoes; Robertson Resigns.

(3) Captain Handly Defeated; Beard's Attack; Cavett Station ; Sevier's Expedition.

(h) Territorial Legislature convenes February 24, 1794.

(1) Forms Jefferson, Knox, Sevier, and Blount Counties, and Hamilton Judicial District.

(2) Provides for Census, Elections, and Constitutional Convention.

(i) Convention meets; Adopts Constitution; Orders Elections.
(j) Governor Blount notifies President Washington.

X. Southwest Territory becomes State of Tennessee.

(a) State Legislature meets March 28, 1796, and Organizes the State.

(b) Legislature elects John Sevier, Governor; Elects Senators and Representatives to Congress.

(c) Opposition in Congress; House Passes Bill; Senate Disagrees.

(d) Rufus King Opposes; Samuel Livermore Favors Admission.

(e) Bill Passes May 31; Approved by President Washington, June 1, 1796.

XI. Indian Treaties; See Analysis and List under Map, pages 128, 129.