Public Documents


By Archibald Henderson 

One of the most vexing and important problems confronting both 
Britain and the American colonies, preceding, during and following 
the Revolutionary War, was the establishment of western boundary 
lines with the Indian tribes. 

On October 7, 1763, a royal proclamation was issued, forbidding 
settlement to the westward of the sources of the rivers which flow 
into the Atlantic. The proclamation had the effect of promoting the 
movement to establish westward boundaries to the colonies, especially 
those having indefinite charter claims, extending westward to myth- 
ical ^'South Seas." Repeated and ruthless encroachments by the white 
settlers upon the Indian lands, showing callous disregard for the 
rights of the Indian tribes, was a primary factor in forcing the issue 
of running new western boundaries to the colonies, from New York 
on the north to Georgia on the south. ^ In the summer of 1767 Gov- 
ernor William Tryon of North Carolina personally directed the 
running of a boundary line Avith the Cherokee tribe, which, curiously 
enough, lay entirely in South Carolina. The line, fifty-three miles 
long, ran from Reedy River to a mountain which was named Tryon."^ 

At Fort Stanwix, New York, on November 5, 1768, Great Britain 
through Sir William Johnson, superintendent of Indian affairs for 
the northern colonies, negotiated a treaty with the Six Nations of 
Indians, by which a new western boundary was established, extend- 
ing as far south as the Tennessee River. Recognizing the conflicting 

' An abstract of the report of the comnussioners of North Carolina and Virginia who conducted 
this treaty with the Cherokee chiefs of the Overhill towns appears as an appendix to John Haywood's 
Civil and Political History of Tennessee (1823), reprint (1891). After repeated researches, the editor 
located the original document in the manuscript collections of the North Carolina Historical Com- 
mission at RaleiRh. It is a single folio of sheets, stitched together, numbering 102 manuscript pages. 
This record of the proceedings, made on the ground, is evidently the document referred to in the first 
of two letters from William Sharpe and Waightstill Avery, two of the North Carolina commi'^sionen*, 
to Governor Richard Caswell, August 7, 1777, regarding the treaty. They report .sending in to the 
governor a "full Journal" of the proceedings at Long Island on Holston, Julv, 1777. Cf. North Carolina 
Colonial liecfn-ds. XI, 566 ff. (Hereafter this work will be cited as A'. C Crl. liec.) 

•Consult E. H. O'Callaghan (ed.). Documents Relative to the Colonial I'^nt'T^/ of '.he Sla'e of Xexo 
York . . . (Albany. 1857), VII and VIII; C. W. Alvord, The Mississippi Vnllei/ in British Politict 
(Cleveland, 1917): A. Henderson, The Conquest of the Old Southwest (New York, 1920). 

» N. C. Col Kec, VII, 245, 460. 470, 503. When the North Carolina-South Carolina boundary line 
wa."H subsequently nm, Tryon mountain, earlier supposed to be well within Noith Carolina, was found 
to be ciuesed by the boundary line. 


56 The North Carolina Historical Review 

claims of the Cherokee, Sir William Johnson acknowledged that title 
to the trans-Alleghany region west of Virginia and the Carolinas 
could be secured only by extingaiishing the claims of the Cherokee 

Indeed, three weeks earlier than the treaty at Fort Stanwix, John 
Stuart on behalf of Great Britain had ne<2:otiated with the Cherokee 
tribe the treaty of Hard Labor, South Carolina, October 14, by which 
the boundary line was continued direct from Tryon Mountain to 
Colonel Chiswell's mine (present Wytheville, Virginia), and thence 
in a straight line to the mouth of the Great Kanawha. Within two 
years, hundreds of settlers in Virginia had encroached upon the 
Indian lands; and in consequence. Governor Botetourt directed the 
negotiation of a new treaty with the Cherokee. On October 18, 1770, 
a treaty was made with the Cherokee tribe at Lochaber, South Caro- 
lina, the new line beginning at the intersection of the North Caro- 
lina-Cherokee line (a point seventy-odd miles east of Long Island of 
Holston River), running thence in a west course to a point six miles 
east of Long Island, and thence in a direct course to the confluence 
of the Great Kanawha and Ohio rivers.^ When Colonel John Donel- 
son ran the line in 1771, he pressed for an alteration of the line in 
order to have natural boundaries. For an additional compensation of 
twenty-nine hundred pounds, promised the Cherokee tribe, the line 
was changed for part of its course, breaking off at the head of Louisa 
River, running thence to the mouth thereof, and thence up the Ohio 
to the mouth of the Great Kanawha.^ 

On March 14-17, 1775, at the Sycamore Shoals of the Vv^atauga 
River, Judge Richard Henderson of North Carolina, representing a 
group of capitalists organized under the name of the Transylvania 
Company, purchased of the Cherokee tribe their title to some 
20,000,000 acres of land, in present North Carolina, Virginia and 
Kentucky. Two deeds were executed, one for the bulk of the territory, 
the other for a free corridor to Cumberland Gap, called respectively 
the Great Grant and the Path Deed. Although purchase by private 

• Johnson to GaRe, Dec. 16, 1768. A spirited exchansce of letters on this matter took place between 
Johnson and Col. John Stuart, superintendent of Indian affairs for the Southern colonies. Cf. Thti 
Papers of Sir William Johnson (Albany, 1930), VI, passim. Consult also C. W. Alvord, "Genesis of the 
Proclamation of 1703," Michiftan Historical Collections, Vol. 36 (1908). 

• A^. C. Col. Rec, VII, 851-5. 

• Consult A. Henderson, The Conquest of the Old Southwest; also C. W. Alvord, The Mississippi Valley 
in British Politics, (Cleveland, 1917). 

Treaty of Long Island of Holston oT 

iudividuals from the Indian tribes was expressly forbidden by royal 
proclamation, the best legal talent in England and the American 
colonies maintained the legality of sncli purchase.' In the autumn 
of 1776, the Virginia House of Burgesses asserted its charter claims 
to that part of the Transylvania Company's purchase lying back of 
Virginia, and erected this territory into the county of Kentucky.** 

Following ravages by the Cherokee tribes upon the frontier settle- 
ments in North Carolina, Virginia, South Carolina and Georgia, a 
powerful punitive expedition, in four sections, was sent out against 
the Cherokee Indians in the summer and autumn of 177G. The In- 
dians were routed, their towns overrun, and crops destroyed. Two 
treaties followed this war, each resulting in the alienation of large 
sections of land from the Cherokee tribe. Bv the treatv concluded 
at De Witts Corner, South Carolina, May 20, 1777, the Lower 
Cherokee surrendered all of their remaining territory in South Caro- 
lina, with the exception of a narrow strip along the western border. 
The other treaty, at the Long Island of Holston River, on July 20, 
1777, which is considered in the present paper, resulted in the cession 
by the Overhill Cherokee of all their lands east of the Blue Bidge, 
together with a corridor containing the route travelled b}^ emigrants 
from Virginia and North Carolina to Kentucky through Cumberland 

In the copy of the document which follows, spelling and punctua- 
tion are preserved throughout, as in the original. This very full and 
elaborate document throws much light on the events of those stirring 
times, which have received far from adequate treatment in our 
written history. 

'Consult A. Henderson, The Conquest of the Old Southwe-ft; also his "A Pre-Rpvolutionary Revolt 
in the Olil Southwest." in the Mix^isaipjii Valley Historical lieview, September, lfl30. 

' jV. a Col. Rec., XIV, 314. Cf. Max Farrand, "The Indian Boundary Line," American Historical 
Review, x. 

' Consult fifth and einhteenth Annual Reports of the Bureau of American Ethnoloey (Government 
Printing Office), and The Indians of North Carolina (Senate Document No. 677). For maps showing 
ces.sion.s and treaty lines, consult fifth Annual Report, I. c., and A. Henderson, The Conquest of the Old 

58 The North Caeolina Historical Review 


To the Commissioners appointed on behalf of the Commonwealth of 
Virginia to Treat with the Cherokee Indians the 26*^^ ins^. June, 

Gentlemen : 

I received your letter dated at Fort Patrick Henry and since that 
time Col. Christian has had before the Board of Council the proceedings 
of the Treaty held with the overhill Cherokee Indians. In transacting 
of which the Board are of opinion that you have acted with propriety. 
I have sent by Express to the Gov^. of North Carolina notifying him of 
the time proposed for the next meeting and desiring him to send Com- 
missioners to act on behalf of that State. I have had several conferences 
with these Indians and have generally thrown out the same Ideas that 
you did, and moreover endeavored to lead them into the light of our 
situation with Great Britain, and also that of our commercial connec- 
tions. I have referred them to you and the Commissioners who I hope 
will attend to represent North Carolina in order to have a boundary 
line between them and the white people established, and told them that 
if such Commissioners do not or when met will not join in that busi- 
ness, you are then to agree with the Indians upon a line betwixt them 
and Virginia in the best manner you can for the Interest of the frontier 
Inhabitants, so that you at the same time do strict justice to the Indians. 

It is a verry desirable object to obtain an alteration of our Boundary 
line run by Donelson. We cannot communicate with the Kentuckie 
with tolerable convenience but through Cumberland Gap. If the Indians 
therefore will agree to an extension so as to take in that place it may be 
very useful. But at all events it seems necessary to stipulate a right for 
our people to travel through that Gap unmolested. You are in all your 
transactions to keep in view as much as possible the Interest of the 
United States as well as that of this particular one. 

I have sent orders for M^. Maddison and M'". Shelby to supply you 
with what provisions you may want for the Indians which you are to 
supply them with as you think their necessity may require in order that 
they or their wives and children may not suffer for want of Bread. The 
goods, ammunition, Salt, whiskey and Tobacco which I expect will be 
laid in you are to distribute as you may think best to give the Indians 
satisfaction. You may promise them a further supply of goods as soon 
as our commerce will enable us to fernish them. As a proper person 
residing amongst those people might render great service to this country. 
You may employ one for that purpose and inform this Board who you 
may appoint and on what terms. And if a proper person cannot be 

Treaty of Long Island of Holston r>0 

engaged for the above purpose you may employ two Traders in whom 
you can confide to give the earliest Inteligence of any occurrence that 
may be of Importance. As a Black Smith may be of great service in 
dressing their Guns and other suitable work for them you may employ 
one to reside among them if to be had on reasonable Terms. Several 
things may happen in which you are not particularly Instructed, in all 
such cases you are impowered to Act for the good of the United States 
in the best manner you can. Should the Treaty terminate in the manner 
this Board expects it will be necessary to continue .many Troops in 
Washington County, You are therefore impowered and desired to dis- 
charge all the men on those stations except such as you may think neces- 
sary to continue. 

I am gentlemen 

Your most Humble Serv^ 

P. Henry 

To Col. William Christian 

Col. William Preston and 

Col. Evan Shelby or any two of them. 

On the 28^^ Col. Gist^ and a party of Indians arrived, and 
in consequence of this Intelligence the folloAving Letter was writ- 
ten and sent by Express to Gen^ Rutherford. 

Virginia Fort Patrick Henry on Holston River 

June 28th 1777^ 

Col. Nathaniel Gist has this hour arrived at this place from Chote. 
where ho had been ordered by Government, to bring in a number of 
Cherokees to a Treaty to be held here; and informs that an Indian 
runner had come from Tallassa, a Creek Town about 12 or 13 days ago, 
when he saw all the Warriors of that Nation convened at a great 
council. That they then agreed to a man on going to War against the 
frontiers of Georgia and were to set out for that purpose in seven days 
from that time. The fellow that brings this Intelligence Col. Gist is 
well acquainted with and says it cannot be doubted of. He also informs 
that the English have landed four thousand Troops at Pensacola who 
intended to proceed up through the Creek Nation, and that a number of 
Highlanders were amongst them; this account he had from an Indian 

' Nathaniel Gist, who had incraliatcd himself with the Cherokee chiefs, was a son of the famous 
Christopher Gist, seout and explorer. Christopher Gist was living on tlie Upper Yadkin Hivcr in 
North Carolina at the time he was employed to make the important exploration for the Ohio Company 
of Virginia in 17.')0. He and two of his sons, Nathaniel and Thomas, were with General Praddork on 
the stricken field of Braddock's Defeat. He was GcorRC Washington's guide in the notable mission 
from Gen. Dinwiddie to I.egiiardier de St. Pierre, the French commander of Fort I e Hoeuf. Nathaniel 
Gist was a colonel in the Viiginia line during the Revolution, and did valuable service in the war 
against the Cherokee Indians. During the latter part of the war he was in command of the fort at 
Old Hedstone, and at the conclusion of the war, settleil a.s a planter in Virginia, east of the Hlue Ridge. 
In the spring of 171)3 he removed to Kentucky, and settled on a 7000 acre tract in Hourb.Tn County. 
His home, "Canewood," was famous for hospitality. He died early in the nineteenth century. 

60 The North Carolina Historical Review 

who saw them and came straight from pensacola. The Indian also 
informs that the English Agents were buying great numbers of Pack 
Horses from the Choctaw Traders, for the purpose of carrying a cam- 
paign against some of the States perhaps Georgia. This interesting 
intelligence I have made free to send you by way of Col. Carter, that 
it may be forwarded with all convenient speed to Col. Williamson; that 
the frontiers of Georgia may have notice of their danger and if possible 
prevent the stroke intended against them by the Savages. I am 

Sir tho unacquainted 

Y^. verry Humble serv*. 
To Gen^ Rutherford W"^. Preston^ 

The Commissioners from North Carolina were at CoP. Car- 
ters on their way to the Treaty when the above Letter came open 
they immediately certified a true copy thereof and sent it the 
nearest way to Col. Williamson and wrote an apology to Gen^ 
Rutherford for taking the liberty. 

30*^^ June Col. Christian^ with Oconostota and his party that 
were at Williamsburgh came to the Port, and a few minutes after- 
wards Waightstill Avery,* William Sharpe,^ Robert Lanier^ & 
Joseph Winston^ Esq^"^. the commissioners from North Carolina 

« William Preston, only son of John and Elizabeth (Patton) Preston, was born December 25, 1729, 
in the little village of Newton Limanaddy, Ijondonderry County, Ireland. Pie accompanied the family 
to America as a small lad; and spent his early years in clearing forests, surveying, and keeping bool^ 
for the merchants of Staunton, Va. For several years prior to 1756, he served as deputy sheiiff of 
Augusta County. He served as a captain on the ill-starred Sandy Creek Expedition against the 
Shawnee Indians in 1757; and the same year he and Thomas Lewis, as commissioners, negotiated a 
peace with these Indians. For some years he was active in border military service, and was chosen 
colonel of the Augusta militia, Aug. 16, 1763. He served in the ^'irginia House of Burgesses in 1766, 
and was very active in county affairs, as justice of the peace, sheriff and county lieutenant of Fincastle 
County, where he resided. He took an active part in the campaign in defense of the exposed settle- 
ments in 1774, although not present at the Battle of the Great Kanawha. He was acli ,e in surveying 
lands in Kentucky, through his deputies; was a member of the Fincastle Committee of Safety, and 
opposed the activilies of the Transylvania Company. He was an active patriot thioughout the 
Revolution; and among other services headed a troop of three hundred Virginians who fought bravely 
at the Battle of Guilford Court House. He died at his home, .June 28, 1783. 

» William Christian was a native of Augusta County, Va. He was educated at Staunton, and early 
saw active military service, commanding a company under Col. Bird in the French and Indian War. 
Regarded as a leader in Botetourt County, whore he resided, he was appointed colonel of militia in 
1774. He headed three hundred men in the Shawnee War, but did not arrive at Point Pleasant in time 
for the decisive battle. In 1775, he was a delegate to the state convention. Appointed colonel of the 
Virginia line in the regular army, in 1776 he commanded twelve hundred men in a punitive campaign 
against the Cherokee Indians. During the remainder of the Revolution, he served the colonies locally, 
having res^igned his command in the regular army. A leader in civil as well as military life, he served 
in the legislature, where he took a prominent part In 1785, he removed to Kentucky, settling on Bear- 
grass. Here he was welcomed as a leader in defence of the country. The following year, while leading 
a partv in pursuit of marauding Indians, he was killed. 

• Waightstill Avery, born atGroton, Conn., .May 10, 1741, received an excellent preparatory training, 
and was giaduated at the College of New Jersey (Princeton\ 1766, with first honors. After studying 
law under I.yttleton Dennis in Maryland, he removed to Mecklenburg County, .\orth Carolina, where 
he became eminent as a lawyer. He was one of the leadris in the advanced and patriotic actions in 
Mecklenburg in 1775, looking toward independence. He represented his county in the Provincial 
Congress at HilLsboro, August, 1775; and as a delegate to the Congress at Halifax, November, 1776, 
he made important contributions in drafting the state constitution. So prominent was his leadership 
in negotiating the Treaty of Long Island, July 20, 1777, that it was afterwards commonly called Avery's 
Treaty. After serving as representative in the state legi.slature in 1777_ which elected him the first 
attorney general of North Carolina, he removed to Jones County. Resigning the office of attorney- 
general in 1779, he was elected colonel of militia of Jones County. In 1781 he removed to Swan Ponds 
in Burke ('ounty. He reprcjcinted this county in the house of Commons 1732-5 and 1793. and in the 
senate in 17C6. In 1777, he was appointed, by Governor Alexander Martin, along with John McDowell 
and John Sevier, to treat with the Cherokee Indians. He died in 1821. 

Treaty of Long Island of Holston 01 

State of North Carolina 

To Waightstill Avery, William Sharpe, Robert Lanier and Joseph 
Winston Esq". Greeting. 

Out of the assurance we have of Your Integrity Abilities and Fididity 
to the State, we do hereby appoint you the said Waightstill Avery, 
William Sharp, Robert Lanier and Joseph Winston commissioners on 
the part and behalf of this State to Act in Conjunction with the com- 
missioners appointed by the States of Virginia and South Carolina or 
either of them in establishing a Peace and fixing a Boundary line be- 
tween the Cherokee Indians and the white people. 

You or any two or more of You are therefore to proceede to the Long 
Island on Holston, on the twenty sixth day of this Instant or at sucli 
time and place as may be agreed upon by the Commissioners of the 
aforesaid States for the purpose aforesaid; And you or any two or 
more of you are hereby Invested with competent power to negociate the 
aforesaid Treaty; and any Acts by you or two or more of You in con- 
junction with Commissioners of the other States or the Commissioners 
of either of them done shall be obligatory on this State. 

Witness Richard Caswell Esq"". Governor Captain General and Com- 
mander in Chief of the said State under his hand and seal at arms at 
Newbern the 12^^ day of June Anno Dommini 1777, and in the first 
Year of our Independence. 

By his Excellencys Command R*^. Caswell 

James Glasgow Sec. 

* William Sharpe was born near Rock Church, Cecil County, Maryland, December 13, 1742. He pur- 
sued classical studies; and studied law, becjinning practice in Mecklenburg County, North Carolina, 
whither he had removed in 1763. Prior to the Revolution he settled in Rowan, now Iredell, County; 
and wivs a prominent member of the Committee of Safety. He represented Rowan in the Provincial 
Congress at Ne^'vbern, April, 177o; and at Hillsborough, August, 1775. In 1776, he served as aide to 
General GrifTUh Rutherford in the Indian campaign. As delegate to the convention at Halifax in No- 
vember, 1770, he helped to frame the first constitution of the State. He was a member of the Continental 
Congress 1779-1782; and during the same period was tv ice representative of Rowan County in the State, 1781 and 1782. He died near Statcsville, Iredell County, .luly 1, 1818. 

' Robert I>anicr, whose brothers-in-law were Major Joseph Williams, Clerk of the Court of Surry 
County for many years, and Major .Joseph Winston, treated elsewhere, wa.s a prominent and influential 
loader of his day. He was long a resident of Rowan County; and in 1771 and airain in 1777, he was 
appointed by the legislature one of the cominis.^ioners to erect a court hou-e in the town of S.iHsbury. 
He lived at the Shallow F'ord on the Yadkin, where he kept a store: and supplied Gov. Tryon's army 
with flour, wheat and steers during the campaign against the Reijulators. In 1773, along with GrifHth 
Rutherford, Anthony Hampton, ,Iohn Hraley and Chri.«tian Rniter, he was appointed commLssioner 
to run the diviiiiiifr liiie.s for Surry County and St. Jude's Parish. He was appointed ju.-'tice of the 
peace (1776), and elected survey ..r (1778), for Surry County. He represented Surry in the Ict^islature, 
1770-,"); and was state senator in 1777. He was a delegate from Surry to the provincial congresses, at 
Hillt^borough, Aug 1775, ami Halifax, November, 1776. By the former he was appointed comini'^sary 
for the Salisbury District. Somewhat later he was elected trerisurer of Salisbury District, which olTice 
he held until his death about 1787. His career and services arc unrecorded in the historical literature 
of North Carolina. 

' Joseph Winston wa.«» born in Louisa County, Virginia, June 17, ]7i&. He received a fnir education 
for that day. At the age of seventeen, he was severely wounded in an engagement with Indians, 
narrowly escaping with his life. /\bout 1770 he removed to North Caroliiui, locating on Town Fork 
of Dan River, then Surry, later Stoke.s County. In August, 1775, he wa? a member of the Provincial 
Congress at Hiilsboro; and also represented Surry in the Provincial Congress at Halifax in April, 1770. 
In I'ebruarv, 1776, he went on the expedition against the Scotch Tories at (^ross Creek. Ranger and 
major of militia, he served on Hutherford's expedition against the Ch<>rok»e Indians in 1776. He repre- 
sented Surry County in the Icgislatvire as representative in 1777, as senator in 17S7 and 1789: and Stokes 
County as senator in 17!'0, 17'.M, 1R()2. 1S07, 1812. He wiis active in the Revolution, partiripatinir in 
many minor engagements and I ring distinguished for his conduct at King's Mountain and Guilfonl 
Court Mouse He represented his district in Congr.^ss for three teims. !7lt2-3 and lJ'03-7. In 1S12, along 
with John Sevier and Isaac Shelby he was pnsented with a swor<i, voftvl for gallantry at Kings 
Mountain. On the Organization of Stokes County he was elected licutenaut-colonel. He died near 
Germantown, Apiil 21, 1815. 

62 The North Carolina Historical Review 

Wednesday 2'^. July, an Indian Warrior named the Big 
Bullet was killed on the Great Island by some evil minded white 
man. A few of the Indian Chiefs were immediately assembled 
when Oconostota made to the Commissioners of both States the 
following speech. 

My Brothers will hear what I have to say to them as I have come 
from my Father below (meaning Gov^ Henry). We are now talking 
in the House of Peace let both our Fathers hear of the accident that 
has happened. I remember the talk that was lately given at W"^^burgh, 
and the Belt, I hold it still. The Gov'", told me that no man should 
break the Belt given me by him, whose talk I have now in my mind. 
He told me that he had hold of one end of the Belt and myself the other ; 
but the white people has given the first stroke and tryed to break it; 
they have struck me and spilt Blood about the chain unknown to my 
father. What they have done shall not spoil the good Talks. Let my 
Brothers now talk and try to clear it up. The talk is like last night 
which I had with our Father, it shall not spoil his good talks. I shall 
think nothing of it as it was done by a bad man. Our Father took 
fifty of our women and children and sent them flour to support them 
when they were like to perish. If he speaks nothing about this accident 
I shall not. But the good Talks between your beloved men are hurt 
with Blood sprinkled about; I hope you'll try to clear it oif. My 
Brother knows I have been with him and done all I could for Peace, as 
he was leading us by the hand for Peace this accident happened. I hope 
my Brothers will say nothing thats bad as we are talking of peace. My 
people shall hear nothing thats bad as I believe it was done by a verry 
bad man who has no way of living. Cameron and Stuart will hear of 
this accident, they will laugh and be pleased at it ; but I do not care for 
what they can say. I shall tell my own people not to mind Camerons & 
Stewarts Talks I have told them I was done with them, and all the 
Talks they give me, my Brothers of Virginia shall hear. 

I shall say the same to the warriors who I expect every day; and 
desire them not to mind it as it was done by a bad man. I look upon 
it as an accident; my Brothers need not believe I think hard of it, for 
I am no ways angry on this occasion as it was done by a verry bad man. 
This is the second time such an accident has happened, but it shall not 
make us think the least hard of it. 

To which the Commissioners returned the following answer. 

We your Brothers of Virginia and North Carolina are extremely 
sorry for the accident that has fallen out in the murder of one of your 
people by a wicked White man, while we are eating and drinking to- 
gether and talking of Peace; a Peace which we hope we and our children 
will enjoy to the mutual benefit of both Nations. We hope you are 

Treaty of Long Island of Holston 63 

convinced that this horrid Action was done by some Devilish evil 
minded person who wants to destroy the good talks that are now be- 
tween your brother & you. We have lost people in your Nation by bad 
men, and we forgave it as we knew the good men and warriors were not 
concerned ; for the same reason we expect you will pass over this acci- 
dent, as the great Being above knows that we are innocent of it; and 
that it will not be a means of hindering the peace so happily began 
between us. You know that forty four of your people traveled to see 
the Governor of Virginia, that they were well treated and returned in 
safety, which may convince you of our regard for and care of your 
beloved man and his friends as well as of all your people. 

We now promise you that we will use our utmost endeavors to have 
the murderer taken and punished according to our Laws. We thank 
you for your good talks on this occasion, and are rejoiced that our 
sentiments are the same and that both parties are willing to wipe away 
the Blood off the great chain of friendship, which binds us together as 
one people. In hopes you will overlook this accident for which we are 
all heartily grieved, and that it will not spoil the good talks on either 
side, we give you this string of Wampum. 

July 3*"**. Began an enquiry in order to discover the murderer. Ex- 
amined a number of persons on Oath, found the Gun that had been dis- 
charged at the Indian, took up the owner, who acquitted himself by 
introducing a number of Witnesses that proved his being in another 
place at that time. 

In the afternoon the following Advertisement was posted on the Fort 
Gate and a number of copies thereof made out and sent through the 

Six Hundred Dollars reward. 

Whereas some wicked and evil minded person unknown on the second 
Instant did in a secret and cowardly manner, feloniously kill and murder 
a Cherokee Indian, called the Big Bullet, while the said Indian was 
attending a Treaty of Peace, and by the Law of Nations was entitled to 
all the protection of a foreign Embassador. And whereas the said 
Barbarous & Trecherous act of felony tends to destroy all confidence 
between the Indians and white People, prevent Peace, prolong the 
Indian War and perpetuate the calamities thereof, without and on the 
frontiers of Virginia & North Carolina. 

We the subscribers therefore in order to keep the way of Peace open, 
and bring the offender to condign punishment, have thought fit to offer 
the above reward of Six hundred Dollars, to any person who will dis- 
cover the murderer of the said Indian called the Big Bullet; being a 
Barberous, Treacherous felony against the Law of Nations, and such 

64 The Nokth Carolina Historical Review 

as would disgrace the most faithless Savage, and we do hereby promise 
and engage that the above reward shall be paid on conviction of the 

Fort Henry 3*^ of July 1777— 

W. Christian Commissioners 

W. Preston from Virginia 

Waightstill Avery 

W"*. Sharpe Commissioners 

Rob^. Lanier from 'N^. Carolina 

Joseph Winston 

At a Treaty held at this place last April the Commissioners 
sent a Talk by Col. Gist to the Dragging Canoe who returned 
CoP. Gist the following answer. 


Tho' your messenger is not come to me yet I have heard your Talks 
and hold them fast as long as I live, for they have opened my Eyes and 
made me see clear, that Cameron and Stewart have been telling me lies, 
when we had any Talks with the Virginians he was always mad with us, 
and told us that all that the Virginians wanted was to get our Land and 
kill us, and that he had often told us we would not hear him till the 
Virginians would come and kill us all. ]N^ow Brother I plainly see that 
he made me quarrel with the greatest friends that we ever had, who 
took pity on us even in the greatest distress, when my old men, women 
and children is perrishing for something to live on, this makes it more 
plain to me that he cared not how many of us were killed on both sides 
so that we were dead, killed in Battle, or perrished with hunger, any 
way so we were dead. 

Brother, I heard you were taken prisoner and confined, my heart was 
sorry as tho you had been my born Brother, when I thought of their bad 
treatment to you I expected never to see you. I thought they had killed 
you or sent you away as that I should never see you more. That made 
my heart verry cross and I went to war more for revenge for you than 
any other reason. But now Brother I am sorry for it, since I see that 
the great being above has sent you back to save me and my people. 
Now Brother the great Warrior and your beloved men are sitting to- 
gether, I am determined that I nor my people shall never spoil their 
good talks while I live, when I am dead there will be annother man to 
take my place. 

Brother I am going to see the man that told me all those lieing Talks 
and return him his meddle and Beds and tell him for the future to keep 
all his lieing talks to himself. He sends me word that he is coming 
from Mobile with a great many Scotsmen and intends to offer you a 

Treaty of Long Island of Holston 65 

peace; if you wont accept it he intends to kill and force you to it. 
Brother I shall make no stop on the road, but shall be back soon and 
come straight to you and tell you all the news. If I should not come in 
soon pray excuse me to the beloved men as you are better acquainted 
with me than they are, and you can talk better than I can, and you 
know Brother I will not do anything that will make you ashamed of 
me among your people. 

Test Geo : Hart June 8^*^ 1777. 

Joseph Vann a half Indian who had formerly been employed by M*". 
Cameron as an Interpreter came to the Fort at the request of the Com- 
missioners by Col. Gist. He shewed a letter from Cameron as follows. 

Little Tallassa June 6^^ 1777. 

I received the Virginia Talks which you sent me by Haley for which 
I thank you. It seems to be verry low with them indeed by the mean 
artifices they fall upon to deceive the Indians but their lies will not 
avail, as I fancy the present campaign will open the eyes of all America 
and deter them in future from revolting from their Lawful Kink. 
Excuse my not enlarging as I have not time, so must refer you to M*". 
M<^Donnald for the news as I understand you live contiguous to him. 
I am surprized you do not come in as I have sent several messages for 
you. I have kept you in pay till the 31^*^ of December last, and if you 
will be here before the last of this month, I will endeavor to retain you 
in pay longer; but if you should neglect to come it will not bo in my 
power to save you. 

I am your verry Humble serv*^. 
Alexander. Cameron 

To M^ Joseph Vann. 

July 4*^ The aniversary of the Declaration of Independence was ob- 
served. The Soldiers belonging to the Garrison were paraded and fired 
two rounds, each in six platoons and for the 13*^** one general voley. The 
Great Guns were also fired. 

The Indian Chiefs were acquainted with the festivity in the following 
speech, and had a present of whiskey delivered to them at the same 


Just one Year ago the 13 United States declared themselves free and 
Independent. And that they would no longer be in subjection and 
Slavery to the King of Great Britain. The Americans have now for 
one year since their freedom fought against their Enemies that came in 
the Ships over the Great water, and have beat them in many Battles, 
have killed some thousands of them and taken many prisoners and the 
Great Being above hath made them verry prosperous. We hope there- 
fore that this day every year hereafter will be a day of rejoicing and 

Brothers, as this is a day of general rejoicing throughout the 13 
United Countries from Canada to Floridas we hope our Brothers the 
Cherokees will now rejoice and be merry with us. 

The Young Warriors then closed the entertainment with a Dance. 

From this time till the 10^^ sundry Chiefs with small parties came in. On that day the old Tassell came in and spoke to the Commissioners as follows. My Brothers may be certain I will tell them the truth. It was but the other day we were talking together when we promised we would tell all we knew to each other. I will now tell all I know about the Norward Indians that lately came to Chote, as their talk was to me. These mingoe^ came in after Vanns express arrived. They had met with the second man of Chilhowey on his way here, and he turned back with them, and next day I met them at Chote and spoke to them as follows. Brothers, I am Glad to see you once more; we have been at war and making Peace several years. Last year you came here and told me lies from your council, which did me and my people great hurt. But I now make you welcome; but your stay must be short. (I gave them a small string and told them this was the beloved Town where the Warriors speak together). I see by your looks that your hearts are bad, and that you have been doing mischief as you came here. I gave you this string that you may tell the truth. I am now going to the beloved men at the Island where our talks with the white people are good, and not as they used to be. You are come now contrary to my expectation. Some of your people came here last year and told lies, and set me and my people at war with a people that I never intended to be at War with; and it looked as if my Nation were but like one House against them. It was but the other day I was at the Island making Peace with my elder Brothers and all your bad Talks shall not again spoil it. I am now talking with you who I have called my elder Brothers. I find the days are dark between you and the white People; but that shall not spoil my good Talks. You may kill a great many of them, even four, five, or six thousand and as many more will come in their place. But the red men cannot destroy them. Your lies made me have the short trouble I had, but I am now carrying on good Talks and all you can say shall not prevent them. And I hope you will soon be doing the same, as our elder Brothers are verry merciful to our women and children. They then answered Treaty of Long Island of Holston 67 Brothers we are only come to see you and not to hold talks. When we left our Towns all the Northern Tribes were ready to strike the white People. Only one man who desired them to wait untill he would go to the Lakes and see the white people there. We have been forty days on our Journey. Sixty of us set out together from our Towns and on our way attacted a Fort on Kentuckie where we lost one man and got two scalps. We left that Fort and attacted another small one, but no damage was done on either side that we know of. we then parted and forty nine went home; and we came to see if the Cherokees were cut off as had been reported. But we are now in haste to return to meet the Indians who are to invade the frontiers from this River to the Forks of Ohio. The Western Tribes have all been spoken too; and that Northern Tribes are all ready for War. The Nottawagoes had been spoken to by a great Town of white people far off, perhaps Quee- beck, who said "will you be always fools? will you never learn sense? "don*t you know there is a line fixed between you and the white people, "that if they set their foot over it you might cut it off ; and if they turn "and set their heels over, you might cut them off also ? Now they have "come over the line and encroached on your lands and why will you "suffer it? Don't you understand this?" These Indians then agreed this was truth, and immediately sent runners through all their land amongst all their Tribes, who agreed to send a few of their Warriors to strike the Blow, and then the white people might follow if they please, and go amongst them, and try to cut them off as they have done the Cherokees. These Notawagoes instantly sent out some warriors who killed two white men and then returned, and a large Body of them were about to set out a second time; but the white people at the great Falls (perhaps Niagara) said they should not go out untill they would give them a writing on paper to lay on every mans Breast they should kill, that the white people might know the reason of it. We were told by some Twightwes that a large Body of their people had set out to kill white people, and on our way here above the Falls of Ohio we saw signs of them returning with a vast number of Horses they had taken from the white people, and we dont doubt but they have done great Damages. The Nottawagoes said if the white people comes out against you they will be discovered as your men are always in the woods, then you must give us notice and we will come and fight them. There are three towns of the Shawnese & Delawares where the Cornstalk and Captain White eyes lives, whom we have spoken to and told them it was verry well for them to carry on their good Talks with the white people, for that these Towns & us had no connections. The Nottawagoe Warriors came to two Delaware Towns with Belts, and told them "they had agreed to go "to war with the white people and desired that they might moove off, 'least in the war they might be trod down by them, or the white people. "That they did not want them to join; but they must remove beyond "the mingoes, to be out of their way. And they might still carry on "their good Talks with the white people.'^ They also spoke to Cap*, "White Eyes and told him he was a great [chief?] and a warrior. "That they had given him the beloved Fire, and it gave them great "trouble to ask him to remove, as he was dreadful amongst the red men ; "for fear something might come out of the ground which would put "out that fire." This is all we can tell you which we can assure you is the truth. In the last part of the Talk they said "You are now making "peace for the security and safety of your Nation." We do not want "your assistance. If we suffer, we will bear the loss ourselves, for we "are looking for it, and deserve it; as our young men are determined to "go to war and try the white men. It may be that we and our elder "Brothers may yet talk together of Peace, and we will keep hold of the "friendship we have with the Cherokees, but we desire no assistance "from them, as we did not give them any when they were in trouble."

I told the road they must take which was down the Little River and through Cumberland gap ; and that they must not hurt any white man on this side of that mountain, least it would destroy the good talks that were going on. But now I am convinced that it was them that did the mischief the other day (meaning the captivating Cash Brooks about thirty miles from this place) and not my people, for as I came up, I looked where they should have crossed the river as I directed them, but could not discover sign of them. 11*^ July in the morning the Commissioners from N'orth Carolina were informed by a letter that a number of people on Nonachuckie & Watauga appeared to have Hostile intentions against the Indians on the Island, In consequence of which Mess'"^. Avery and Winston rode out in order to suppress all such outrages. The same day the Raven & Willenewau came in. In the evening the Old Tassel on behalf of the other Warriors spoke as follows. JN"ow you shall hear what I have to say to my elder Brothers. It seems as fresh in my mind as if it was only two nights ago since we had our last Talk. Our beloved man has been to see your beloved man of Virginia. Now I have seen you my elder Brothers which makes me glad and its augmented by our beloved mans return to us. I have now fast hold of you by the hand and will not let loose my hold. I am now verry thankful to the powers above that the people of my Elder Brother and my own people are now got here to this place; a place which I have come to with all my people to make all things straight. My heart is good to all my Brothers, but I am sorry I have been a little short in coming here. There was so many days appointed for my beloved man to go and see our beloved elder Brother and likewise to return in, which they did not according to the appointed time, but now we are here together in order to make all things straight. Yesterday you and I had Talks together, you said it was what I would to bring on the business, which I do not desire because you are the elder Brothers. All Treaty of Long Island of Holston 69 our principal men are now here and tomorrow morning if you please you may bring on the principal Talks. There are many of my people de- sirous to return home again, and I would be glad how soon the business might come on that they may go to work in their fields which are now suffering for want of Labour. A string of Beads The Commissioners postponed the business near two days waiting the return of Mess'■^ Avei*y & Winston. 13'^ July The Potclay Chief of Chilhowey and the Pidgeon of Notchy Creek being Deputed by the Chief of the Cherokees now on the Long Island to have a conference with the Commis- sioners on the subject of the late murder of the Big Bullet in order that the whole matter may be done away and the Blood washed off before the Treaty is opened which is proposed to be tomorrow. To whom the Commissioners spoke as follows. Brethren, We your Brothers of Virginia and North Carolina are extremely sorry for the accident that happened in the murder of the Big Bullet by one of our wicked men. We have already declared to your beloved man, and we now declare to you that it was done contrary to our intention; and that we were altogether strangers to it and we also assure you that we have done every thing in our power to discover the murderer and have him tryed and punished by our Laws, for the Great Being above hath said that whosoever shedeth mans Blood, by man shall his Blood be shed. We now take the Ball out of his Body and bury it deep in the ground, that no uneasiness or remembrance thereof may remain in your minds, and that your hearts may be at rest while you sit at our Council Fire. With these few goods we cover the ground where this unfortunate man fell, and the grave in which he is laid, that these places may never more be known or remembered by his friends and relatives, and that their Tears may be wiped away, and that no drops of his Blood may fall into our Council Fire, or on the chain of friendship that links us to- gether, but that all may be washed off, and that we shall not drop our enquiry after the murderer as we abhor both him and the crime he has done. Three match coats & three Shirts These Deputies returned to their camp on the Island and after some time spent, they with about twelve other Chiefs returned to the Fort; and after spreading the three match coats on two Benches and seating the Commissioners and Oconostoto & Attakulla kulla thereon, The Pot- clay spoke as follows. My elder Brothers are now going to hear what I have to say to them. These warriors now sitting here have prepare<l to let you hoar a par- 70 The J^orth Carolina Historical Review ticular Talk, because they did send the good Talks to Chota by the woman messenger, which all my beloved men and Warriors accepted, reeeived gladly and thought verry good. On receiving the Talks at Chote, I rose up to go and make reply to it. The Doors were all shut, were dark ; but I opened them, and made the path light for them to pass along. I found the seats that had been prepared, for our beloved men to have the good talks on, were lying here in the grass. I lighted up the pipe of friendship from off them; opened all strong Gates in the way, and went to see the Governor of Virginia. I opened and made the way clear. One of the beloved men of Virginia took me by the hand, and led me and my great beloved man to the great beloved man of Virginia, who sit him down on his Great seat of friendship & Justice. We found it a beloved place of friendship, which we never knew before, till we were placed on that seat. IN'ow our beloved man has been led in the same manner back safe to this place. My Great friend and Brother hath led my Great beloved man safe to this place, from the Great man of Virginia; where he had been brightning the Great chain of friendship so bright that its brightness might reach the skies. When we had got to this place, the chain happened to turn a little and one of our men fell; but that shall make no odds; all the warriors have agreed it shall not, and that they will hold the chain verry fast and strong. I look upon it as permitted by the Great Being above that this accident hap- pened. A string of Beads. Then the Mankiller of Great Highwassee rose and spoke as follows. I am now going to speak to you my elder Brothers tis a desolate place where we first took hold of each other, and went to the Great seat of Justice. I now mean to return thanks for the kind treatment received on the Journey. I am verry glad to see that my Great friend and Brother has taken such particular care of my Great beloved man. I find that it was not by his desire or that of any of my elder Brothers people, the late accident happened, for we are still drawing the same breath of light, every day with you, and sitting on the same seats round the same Fire. We cannot blame the Great Supreme Being above for the accident that has happened. Fve heard it said that this Great Being sent a beloved man to us to make mens minds peacible, and at the same time sent likewise a Bad man to the Earth, who I blame as the author of this mischief. But the first Great man is now clearing and taking it all away and turning it all to good. Now I^m convinced 'twas that bad man who was sent to the Earth, who put it into the mind of the bad white man to do this Act, and pluck away the Great bright chain which bound us together. But now every drop of Blood is wiped from off this chain so that not a speck remains thereon, and I give you this in confirmation thereof. . ^ . /. t-» i A string of Beads Treaty of Long Island of Holston 71 I am now going to speak to my Brothers of North Carolina who were here likewise when this accident happened, and confirm to them what has been said to my Brothers of Virginia, and to assure them it is all done away, and shall no more be thought of, for I have thrown away all thoughts thereof into the Swift running water which must carry it clean away. I am convinced in my own Breast it is not the Great Being above, but the wicked one who put it into the heart of the evil- minded white man to do this act. The Good being is allsufficient all powerful and good, and is a lover of all Flesh ; and would not do it. He let down a Great stake and fastened it in the Ground; it was a wood that would never rot but stand there always. This was for all good men to take hold of and hold fast by. But the bad man is frequently laying stones and chunks in the way of bad men for them to stumble over. A string of Beads July 14*** 1777 Present in Council William Christian ) ^ . . ^ ^. . . William Preston f Commissioners for Virginia Waightstill Avery William Sharp Robert Lanier & Joseph Winston Commissioners for North Carolina Col. Nathaniel Gist on business from General Washington Oconostoto & / <. ^1 the Raven \ o^ Chote Ata kulla kulla* Big White owl & ) i. ^^ j r^ ^ Pidgeon 1 of Notchy Creek • Atta-Kulla-Kulla. In his "Narrative of a Kentucky Adventure in 1775," DeBow's Reriew, February, 1854, Felix Walker, in speaking of the Treaty at the Sycamore Shoals, March !4-17. 1775, says: "Among others at the treaty, there was a distinp-uished chief called Atta-Kulla-Kulla, the Indian name, known to the white people by the name of the Little Carpenter — in allusion, say the Indians, to his deep, artful, and ingenious diplomatic abilities, ably demonstrated in negotiating treaties with the white people, and influence in their national councils; like as a white carpenter covdd make every notch and joint fit in wood, so he could biing all his views to fill and fit their places in the political machinery of his nation. He was the most celebiated and influential Indian among all the tribes then known; con- sidered as the Bolon of his day. He was said to be about ninety years of age, a very small man, and «o lean aud light habited, that I scarcely believe he would have exceeded more in weight than a pound for each year of his life. He was marked with two large scores or scars on each cheek, his ears cut and banded with silvet, hanging nearly down on each shoulder, the ancient Indian mode of distinction in •ome tribes, and fashion in others. In one of hie public talks he deliveied to the whites, he spoke to this effect: Hewas an old man, hadpiesidedas chief in theii council, and as president of his nation, for more than half a century; had formerly been appointed agent and envoy extraordinary to the King of England on business of the first importance to his nation; he crossed the big water, arrived at his destination, was received with great distinction, had the honor of dining with hi.^ majesty and the nobility; had the utmost respect paid to him by the great men among the white people; had accom- plished his mission with success; and from the long standing in the highest dignities of his nation, he clumed the confidence and good faith in all and every thing he would advance in support of the rightful claims of his people to the Bloody Ground, then in treaty to be sold to the white people." 72 The North Carolina Historical Review The old Tassel Willanawaw } of Toquse To tac ha ch Utasch or norward Warrior \ Creek killer ( of Teblicho and Chestnut l a new Town at its mouth Raven "^ Mankiller ) Queluca I of Highwasaw Tarapine ) oi • (of the Island Town & fekiyuca r y-t .. Shiatuka ) ^^^^^^ In, he, ke, hiyah ) of Tuskee^a An nu chah S -L^sKeega Chow, we, hah a messenger from the valey settlements to hear what should be done Joseph Vann and Charles Murphey Interpreters. Major Daniel Smith Clerk.^ Col. Christian opened the conference with the following speech. Friends and Brethren, Beloved man and Chiefs of the warlike Nation of the Cherokees. We your Brethren of Virginia are rejoiced to see you once more sitting round the council Fire, which was kindled at this place last spring, and which burns brighter and clearer by our frequent meetings before it and that we have the pleasure to see the Great Chain which binds us together made stronger and our friendship enlarged by the addition of our Brethren of N**. Carolina who are now sitting in council with us, and who we are assured came heartily disposed to strengthen and brighten the chain, to put an end to a short tho de- » Daniel Smith, born in Stafford County. Virginia, October 28. 1748, was educated at William and Mary College. He became an expert surveyor, and early identified himself with western afifairs. In 1773 he was appointed deputy surveyor, in 1780 high sheriff of Augusta County. He was active in the defence of the frontier during Dunmore's War. His maps and surveys of the Holston country were authoritative for that period. In 1779, he and Thomas Walker, as commissioners for Virginia, ran the dividingline between North Carolina and Virginia, disagreeing with the North Carolina commissioners, headed by Richard Henderson, who ran an independent line. Somewhat later he removed to the Cumberland region, where he became prominently identified with the growth of the settlements. In 1788 he was appointed brigadier-general of Mero District; and 1790, secretary of the Territory South of the Ohio River. In 1796 he was a member of the constitutional convention. He was appointed to the United States Senate to fill the vacancy caused by the resignation of Andrew Jackson, and served from October 6, 1798. to March 3, 1799. He was subsequently elected to the United States Senate, serving from March 4, 1805, to March 31, 1809, when he resigned. Died at his home, 'Rock Caatle," near Hen- dersonviUe, Sumner County, Tennessee, June 6, 1818. Treaty of Long Island of Holston 73 structive War, and to confirm a Lasting, Just and Honorable Peace. We hope that our meetings will be frequent and friendly, and that our Children will sit round this fire when we shall be no more. We your Brothers of Virginia flatter ourselves that the treatment that your beloved man and his Warriors and friends met with from our Governor, and on their long journey to and from W"^^burgh has given them the greatest satisfaction; and we hope you are pleased that we have led them by the hand in safety to this place, and that we have delivered them into the bosom of their friends without any violence or insult being offered them during more than sixty days they were under our immediate care. We on our part are pleased that our common friend CoP. Gist and the young Gentleman who went with him into your Country are returned safe to their friends and that they were well treated while they were there. This mutual confidence will convince our common enemies that the white people and Cherokees are one people fastened together by the strongest bands of friendship and interest. Brethren, we have taken every method in our power to supply you, and we have it in command from our Governor to assure you, that as soon as our trade which has been greatly interupted by the war with England is on a better footing you may expect a farther and more ample supply of goods. We have also endeavoured to relieve the distress of your people by a timely supply of provisions, salt, powder, lead and other necessaries in a larger and fuller manner than we have done our own frontier people who were sufferers by the war. This war and these distresses you we unhappily involved in by the advice of the N^orward Indians and bad men among yourselves, who persuaded your young men to begin a war contrary to the advice of your old wise beloved men and warriors whose hearts was good towards the white people. But we now hope your young men have seen their error, and that for the future they will listen to the advice of their fathers and the old wise men, and pay no more regard to any bad men who may be amongst you or to any who will send letters to you to engage your Xation any more in a war with your elder Brothers the white people. You may now be convinced by our whole conduct since the war and even when our army part of which belonged to North Carolina was in your country, how desireous and ready we have been to renew our ancient friendship and to be at peace with the Cherokees. You remember the talks we had here last Spring when we laid the foundation of a peace between you and your elder Brothers the white people. In confirmation of what I have now said I give you this string of wampum. Brothers We are now met in full council to build up that peace and make it strong and lasting; so strong that our greatest enemies cannot break it, and so lasting that our children yet unborn may mutually enjoy the 74 The J^orth Carolina Historical Review blessings and benefits of it. This is our design in meeting you here; and we expect you are come to this place with the same intentions. The Great Being above who made us all, and who gave understanding to men, hath put it into all our hearts to meet here this day to put an end to a destructive war, by a firm and honorable peace; and we hope he will look down upon us with pleasure while we are engaged in so desireable a work, for he is a God of peace and does not delight in war tho he often permits it. In order to bring about this happy event we once more invite you to open your whole hearts, let all your complaints and grievances be made known without reserve and hide nothing from us, and we will do the same with you. As this is the surest method to heal all diiferences that have subsisted or do subsist amongst us. We are fully authorized by the Governor of Virginia to fix a Boundary between your country and the white people, and to settle a firm peace with your Wation for the benefit of your people as well as ours. Though we have been here some time we waited with patience as we know your journey was long and that you could not all be here at the day appointed. In the mean time we have had the pleasure of talking with your beloved man and many of his warriors and of seeing your young men eating, drinking and dancing with our young men like friends and Brothers. We are verry sorry that Judge friend, the Drag- ing Canoe, the lying Fish and young Tassel are not come to the Treaty as we expected they might have been of use in your Council ; but as you assure us there are warriors here to represent all your Towns and that you are fully authorized by your people to confirm the peace, we shall go on with that important business. In confirmation that our hearts are good towards the Cherokees and that what we have said is truth we give you this string of wampum. a string M*". Avery then delivered the following speech. Friends and Brethren beloved man and Chiefs of the warlike N'ation of the Cherokees. We your Brothers of North Carolina are appointed by the Governor and council of that country to meet you at this place to hear your talks and if your talks and hearts are good toward the white people, we have power to join with our Brothers of Virginia to make a firm and lasting peace with you for the benefit of your people and our people. We rejoice to see you all at the Council fire and to hear of the friendly intercourse between you and your Brothers of Virginia. We rejoice that your beloved man and some of his people have made a visit to the beloved man of Virginia & have returned in safety. It was that your hearts would last year to make war with us, but we are now glad to hear that you want to make peace. Your nation begun the war and made the path dark towards three countries (Virginia N**. Treaty of Long Island of Holston 75 Carolina and South Carolina) You made the path dark and bloody. The warriors of these three countries have now traveled in the path which you made dark and bloody, but we are glad to hear that your Nation and South Carolina have washed the blood out of the path and that your Nation and the Virginians are now washing the path bright and clear between your two countries. If your hearts are good we are willing that the paths every where between your country and North Carolina should be made light and clear also. We are glad to hear that a chain of friendship is established one end in your Nation and the other end in Charles Town, & that another chain of friendship is fixed one end in Chote and the other end in W^^burgh. We have power and are willing to establish another chain the one end in Chote and the other end in Newbern. We have power to carry one end to our Governor in Newbern and he is there ready to take hold and hold it fast. Your elder Brothers of North Carolina were not first to make peace, nor will they be first to break it, but will be steady and faithful friends. Brothers, as we came from our beloved man below we desire to hear what our brothers the Cherokees have to say; as you struck first and made the path dark, it is necessary that you should begin to clear it up. We desire you to open your hearts and freely make known to us and our brothers of Virginia all your complaints and grievances, and we will listen and hear and will endeavour to redress them and do you Justice. To convince you that our hearts are good and that we are willing to make peace with you, we give you this string of wampum. A string July 15'*^ 1777. Present as yesterday and Col. Shelby also. A letter from Col. Williamson of South Carolina a speech of the Commissioners for South Carolina and Georgia to the Creeks and their answer thereto, as also the articles of a Treaty between South Carolina &; Georgia and the middle Valley and lower Towns of the Cherokees were read and interpreted to the Indians. Col°. Williamsons answer to CoK Prestons letter of the 28^** June last is as follows. White Hall July 5^^ 1777 Sir, A copy of your letter to Gen^ Rutherford of the 28^^*^ June was just now delivered to me the contents of which is very alarming. But from all the inteligence I can collect I have the greatest reason to believe the inteligence given by Col°. Gist is ill founded. What I think is a con- vincing proof that the Creeks are not disposed to break with us so 76 The North Carolina Historical Review readily, was their readiness to agree to and meet the Georgia Commis- sioners in Congress at M^. Galphins Cowpen at Ogeechy in that State, the 5^^ of last month a copy of the talks are herewith forwarded. Eleven of the principle head men of the Creeks are now on the road (with M*". Galphin) to Charleston to visit the president and settle some matters in regard to the trade opened with them from s^. State, during their absence below I cannot imagine these people will adopt unfriendly measures, from all these considerations and letters just received from Charleston, which gives not the least hint of troops being expected on the coast, I think this news must have been fabricated by some Emisary of Stewart or his party merely with a view to disturb the frontier set- tlers of the Southern States. Altho times wear a promising aspect, we should be on our guard, and I heartily thank you for your early com- munication of this matter. M*". Gist mentioned it to me in a letter dated Chote the 9^^ of June but not so particularly, copy of which with other advices I this day dispatched by express to Charlestown to his Excel- lency the President. M''. Galphin writes me a few days ago that the Big fellow with a small party of disaffected Creek Indians were just returned from an excursion down about Holston River & brought with them one scalp ; but the head men who attended the Congress said if he & his party did not immediately lay down the hatchet they would spoil the path to Pensacola. Herewith I send you the latest Gazette from Charlestown which con- tains the articles of the definitive Treaty of peace entered into by the Commissioners from this State and Georgia with the Cherokee Deputies at Dewits corner where six hundred and three Indians attended of all denominations. I am with respect Sir your mo ob^. humb®. serv^ A. Williamson Articles of the definite Treaty of Peace concluded on and signed at Dewits Corner the 20*^^ day of May 1777 between the States of S°. Carolina and Georgia and the Cherokee Indians. Article 1®^ The Cherokee N^ation acknowledge that the Troops that during the last summer repeatedly defeated their forces, victoriously penetrated through their lower Towns middle settlements and vallies, and quietly and unopposed, built, held and continue to hold the Fort at Seneca, thereby did effect and maintain the conquest of all the Chero- kee lands, eastward of the Unacay Mountain; and to and for their people did acquire possess, and yet continue, to hold in and over the said lands all and singular the rights incidental to conquest ; and the Cherokee Nation in consequence thereof do cede the said lands to the said people, the people of South Carolina. Article 2**. South Carolina will immediately send a supply of goods into the Cherokee Nation and settlements for sale and permit the Chero- Treaty of Long Island of Holston 77 keea during their good behaviour to inhabit the middle settlements and valiea westward of the highest part of the occonnee mountain ; but they shall not, beyond a line extended South West and North East across the highest part of the Occonnee mountain, proceed or advance without per- mission from the commanding Officer at Fort Kutledge, to apply for which one runner may at any time be sent by the Cherokees: provided never the less that during this present year the Cherokees may raise gather and remove the corn they have planted on the East side of the Occonnee mountain. Article 3**. The Government of South Carolina will endeavour that the Cherokees be furnished with supplies of goods as usual; and that the trade will be put under the best regulations. Every person who, without a proper pass or license shall arrive in the Cherokee Nation or settlements the Cherokees shall immediately apprehend and deliver to the commanding Officer at Fort Rutledge, and seize to their own use all the cattle. Horses, goods, and effects conducted into their settlement by every such person. Article 4**^. Every white person who instigated or endeavoured to instigate the Cherokees to the late war or encouraged or aided them, or endeavoured to do so in the prosecution of it, and who now is or here- after may be in their power shall without delay, by the Cherokees be apprehended and delivered to the Commanding Officer at Fort Rut- ledge; and the Cherokees shall take to their own use all the effects which in their Nation or settlements they may find in the possession of or belonging to every such white person, and for every such white person so delivered, shall be paid five hundred pounds weight of dressed leather or the value thereof. Article 5***. Any Indian who in the Cherokee Nation or settlements shall murder a white person shall be immediately apprehended and con- veyed to Fort Rutledge by the Cherokees who in presence of the Com- manding Officer, at that post, shall put the murderer to death; and if any white or other person belonging to South Carolina or Georgia, shall in the Cherokee Nation or any white or other person shall in South Carolina or Georgia murder a Cherokee Indian, every such person, duly convicted thereof shall suffer death in presence of the Cherokee Indians, if any shall attend at the time and place of execution; and that they may have an opportunity of attending, due notice of the time and place of such intended execution shall be sent to the Cherokees. Article 6^**. All white and Indian persons shall be set at liberty as soon as possible; all Negroes taken during the late War and who now are or hereafter may be in the power of the Cherokees, shall as soon as possible be delivered up to the Commanding Officer at Fort Rutledge, together with the horses by any of their people before the late War stolen from South Carolina, Georgia, North Carolina or Virginia, and which now are or hereafter may be in the power of the Cherokees, to the end that restitution may bo made to their true owners. 78 The North Carolina Historical Review Article 7^^. For every runaway ITegroe that shall be apprehended and delivered by the Cherokees to the commanding Officer at Fort Rut- ledge shall be paid one hundred weight of leather, or the value thereof. Article 8^^. The hatchet shall be forever buried and there shall be an universal peace and friendship reestablished between South Caro- lina including the Catawba and Georgia on one part and the Cherokee Nation on the other; there shall be a general oblivion of injuries; the contracting parties shall use their utmost endeavours to maintain the peace and friendship now established, and the Cherokees shall at all times apprehend and deliver to the Commanding Officer at Fort Rut- ledge, every person white or red, who in their Nation or settlements, shall by any means endeavour to instigate a war by the Cherokee Nation, or hostility, or roberry by any of their people, against or upon any of the American States, or subjects thereof. In witness of all and every thing herein determined between South Carolina, Georgia and the Cherokee Nation, we their under written Commissioners and Deputies by virtue of our full powers, severally, and not one for the other, have signed this present definitive Treaty, in their respective names, and have caused our scales to be hereunto affixed. Done at Dewitts corner this twentieth day of May in the year of our Lord ono thousand seven hundred and seventy seven. Andrew Williamson Leroy Hammond I ^ . . ^ c^^ r-i ^^ William Henry Drayton > Commissioners for S". Carolina D. Horry Jonathan Bryan Jonathan Cochran [• Commissioners for Georgia William Glascock Oustassittee Canaliskeeticowee Cleronakee Skullaluska Cloooketa Choownatee Oosknah Chinisteska Cherokee Deputies Then Oconostoto informed the Commissioners that the old Tassel and old Raven were the chief speakers for him and the whole Nation that to them he had resigned his power on account of his age, but if they ever should speak contrary to his sentiments he woud put them right. The old Raven then rose and spoke as follows. Treaty of Long Island of Holston 79 IsTow my elder Brothers shall hear what I have to say. It has been several days since my elder Brother brought my beloved man here. I was pleased to hear the good talks yesterday from all the beloved men who came here to meet us. It has been several days since you returned from the fatiague and trouble of bringing my beloved man here, for which I am very thankful, and also much pleased to see we all here are of one mind. I am come and I find every thing agreeable ; I brought all the young Warriors and many people belonging to my Nation to hear this good talk (here he handed one end of the belt which the old Warrior had got from the Governor, to Col Christian and held the other end himself) It has been a considerable time since my elder Brother took my beloved man and led him to his Great seat of Justice and back again here ready to conclude all the good talks heretofore entered upon. I give you hold of one end of this Belt which I hold the other, and I never will let it go, but hold it fast forever. This is the bright chain of friendship which we have hold of, not only us but the young ones on both sides, even the children yet unborn have hold of it through us, and shall be fast linked together by it. This is the Great chain of friend- ship which the great beloved man of Virginia ordered should be taken hold of by us his children ; it is" a light for those yet unborn to walk by, that they may see the path of peace and know what is done at this place. It was ordered by the Great beloved man of Virginia that it should be held fast by both of us everlastingly. The Great man above put it into his heart to do so, that it might be a light for both our people to walk by; I join you all heart and hand, (here he withdrew the belt) Yester- day you spoke to me that I should particularly open all my grievances, by which I understood you were taking pity on me, for which I am verry thankful, and as both your talks are good alike, you shall hear them. You said that you had my beloved man here some days, and that you waited patiently untill the rest of us come passing the time away by seeing both our young folks dancing and playing together. Now I have come myself and return you my thanks for the kind treatment given to my beloved man. This is the spot where we took hold of each other, on which the white seats of justice were first placexi and the peace fire kindled up. I am only the younger Brother but yet I know how to keep these white seats of Justice fast here where they are set. and I will do it, as this is the place where the seats of Friendship are; the place where each of us have taken hold of one another, it being put into all our hearts to do so by the Great man above. I am determined to keep this light of friendship always fresh in my mind even as now. Three be- loved men are talking together Virginia, Carolina & Chote all talking the peace talks together; on my own part I never will neglect the least particular of this Peace, but observe every part thereof verry faithfully; each beloved man will confirm the same for the quiet and safety of all three parties. I have no more beloved men behind to tell every thing 80 The IToeth Carolina Histoeical Review that is done to, but you have and I rely that you will make everything known that is done here to your Great beloved men below. My elder Brothers of Carolina will open the doors of peace as well as Virginia, that we may see each other clearly, and that they may stand open ever- lastingly; you my elder Brothers was talking to me yesterday at this time of day I listened attentively; you desired me to open my heart and make known my grievances; I should have been glad if they had reached your ears long ago, but I believe all talks that I ever made that way were spoiled; but now I believe you will do me justice, for which I shall be verry thankful. I believe that long before my remem- brance this land was first found out, the time you know as you have writings; but I do not know when the first settlements were made on these waters; but I believe they were before my remembrance, by the time these meddles were given to us; (shewing a meddle) ever since these have been among us we have been more and more distressed; my grieveances have been for several years. The beloved man which I had in my land some time ago used to give us talks which I thought were verry good, but I believe now they were bad and never went to you or your beloved men. We were kept in blindness by him and no grieveances redressed which he frequently promised should be done. He told us that when we found any of your people on our land to take their guns, Horses and every thing they had and said if we killed them no harm would come of it, which advice I followed and it had like to have been my ruin. But I find now that my elder Brothers know my poverty you are the beloved men, I ought to have applied to you before for I see you take pity on me ; you drive me to open my heart, I'll hide nothing from you, which when I've done I'll leave you to consider on. You my elder Brothers took me by the hand and told me to sit still and not believe any of their lies. I believe, all your talks were straight and good. There is another red people on the frontiers of Virginia who we are not at war with we talked together, they did not stay long with me, but went to the woods; I told them I was coming here; perhaps some of my elder Brothers may suspect I encouraged them to hurt you ; I have no private place about my body to hide any thing if I had done so. Tis my heart I am opening to you. I shall make short my talks, for many words are not necessary to come to the truth, all my people knows this to be a truth & I hope yours do likewise. A string Now my elder Brothers are going to hear the last of the talk I shall deliver to day. The Great beloved man of Virginia spoke to mine who went to see him and said ^'Now my friend & Brother I take you by the hand here is my friend who will leat you to the rest of your people; there the people of North Carolina will meet you likewise, and fix a Treaty of Long Isi.and of Holston 81 hard and lasting Boundary between your and their countries for I find you have been much wronged" I hope this Boundary will bo made so that it may not be crossed without consent being first had. A string I have now said all I can say to the purpose, I dont care how soon I could be going home for I have a bad enemy in my com field, I want to go and turn him out. (meaning weeds) The peace and safety of both parties was made before we came here, we only come to shew you our good will and to meet our beloved man. The old Tassell then rose and adressing himself to the Com- missioners of Virginia (after shaking hands) spoke as follows. It is the third moon since we first took hold of each other by the hand, which was ordered by the Great man above, and you remember what talks we had together ; I spoke freely from my heart that it might sink deeper into yours; as we were making the peace when I was here before, my friends you said this was the bloody path, I have swept it clean, and it shall no more be thought of. You likewise said that all the flesh wasted on both sides should be thought of no more, but as if they had been hurried so long ago that a large tree had grown upon the grave. Twas you and me had this talk when we were concluding peace. It shall be an everlasting peace. It was so ordered by the great man above and for that reason we will be the last to break it, altho a wicked white man did spill a little blood which shall no more be thought of. Now all my elder Brothers have heard both beginning and end of our Talks. I expect there will be interuption for any of either people to go where they please. These beads are for CoP. Gist to take to the Norward A string to CoP. Gist I remember what you said concerning the letters from Col°. William- son who I know verry well, I heard all you said on this matter before, and also that CoP. Williamson had been through all our Country and that he wanted the land as far as the Seneca. I remember all the talks which my people said they had with CoP. Williamson. When he said he wanted the land as far as the Unacay Mountain, our people said they would consider of it. I live in Toquoe and my beloved people in Chote, we did not go far away and came back again these middle settlement people did so too, and I dont see how they can claim the land by that, for we drove the white people from their houses too. Many of their people have been to that treaty but chiefly women and children they returned from there naked as my hand and crying with hunger by which it appeared that they only wanted our land and not to make peace. The beloved men of Virginia now here I suppose are good men 82 The North Carolina Historical Review sent by their Great beloved man. I tbink tbe same of my Brothers of North Carolina. Now I hope your Great beloved men will take pity on us and do us justice, as our provisions is chiefly destroyed, and give us a little room, because your people have encroached upon us verry close and scarcely given us room to turn round. I've been talking with the beloved men of Virginia, and I hope nothing will break the good talks we have had together. My Brothers of North Carolina were not here before to hear the good talks, but these they hear and I hope all three of us will observe them. Col^. Christian in behalf of the Commissioners then spoke as follows. Brethren, Our Governors the beloved men of Virginia and North Carolina have given us their Commissioners full power and authority to settle a peace and fix a boundary line between the Overhill Cherokees (as the middle and lower settlements are not represented here) and their own countries, in the same manner as if they were both present, this important part of the peace now making between us we ought to go fully and clearly into at this time, that nothing might be left to occasion disputes hereafter but that every thing in our power may be now done and finished, to make the peace firm and the boundary lasting and that every obstacle thereto may be removed and thrown out of the way. We would now desire to be informed what people they were that have settled on your lands by whom you have been injured and at what time, that it may be in our power to give you an answer which we shall do tomorrow morning at which time we shall propose a boundary. July 15*^^ in the evening. Present as before. The Raven then spoke as follows. As you gave me the opportunity to consult all my people about the matter proposed, I have got all their opinions since we broke up a while ago, there is a great many of my people waiting at home to hear what is -to be done here. The Great beloved man of Virginia took pity of us and sent for us here to settle every thing well and clear. You shall hear what we have concluded on and shall leave yourselves to judge of it till morning. As the beloved man of Virginia has taken pity of us from the greatest to the smallest, and the beloved men are here from both States, who we are thankful to hear, and hope they will take upon themselves to do us justice. We have been trespassed upon by bodies of people on our hunting grounds. The Great beloved man desired that a boundary line should be run between us and the white people, and said that Col°. Shelby lived near the line and was to see that each party kept on their own side of the line. Here is the long Island where we are talking the peace talks and where we have the white seats of Tkeaty of Long Island of Holston 83 justice, and the beloved fire; let the place never be removed but kept for Justice, and the peace talks; let these seats and this fire always remain fast here on this particular spot of ground. If you fix upon a boundary and have it run I dont want your people that have grain in the ground to remove till their grain is ripe; let their grain first be ripe and then remove. If the beloved men think fit let the West line be extended to the North fork and from thence to the great gap in Cumberland mountain. The proposal that I shall make to North Carolina shall be that the line where it struck the River above Col°. Shelbys shall run from thence a South course. The Nonachuckey people have extended much dowTi that River and on several Creeks. They are the people we want moved off, and some about the mouth of Watauga. There is Chilhowey and Cettico that have their Hunting grounds chiefly up Nonachuckey that is the course they hunt and never down the River. If I can carry home the news that these people are to be removed, they will be verry thankful. Mr. Avery then interogated them as follows. We take notice that the Indians complain of encroachments on Watauga & Nonachuckie, do you complain of all Watauga? (The Raven) We complain only of the lower part as high up as Col**. Carters and Nonachuckie. Mr. Avery) do you complain of all Nonachuckie? Raven) We complain of about and below Browns and Tuskega old Towns. Mr. Avery) did not the white people settle there by your consent ? Raven) They did, but fear only made us agree to it and we ex- pected redress again, but the white people instead of stoping wdiere they were; encroached still farther and farther; fear only made us agree to a settlement at all, but we expected Government would again remedy us. M*". Avery) did you not afterwards agree to sell those lands and receive pay for them? Oconostoto) I told the Watauga & Nonachuckie people that I would send talks to my Father over the water (it was then good times) I told these people that if he agreed to it, then they must stay, but that his consent must be had. They gave us guns, but as they made a great deal of grain raised stock and destroyed our hunting, I told them that we could not take pay for the lands but the rent only. A memorial of CoP. Richard Henderson and company was presented to the Commissioners of Virginia & North Carolina relating to their purchase of land from the Indians which they have ordered to be entered on the Journal of their proceedings immediately after this; and they are unanimously of opinion that as they have no instructions from their respective Governments to enquire into the validity of private purchases from the Cherokees, and as they are fully satisfied that if 84 The North Carolina Historical Review the Commissioners were now to interfere with the Indians to support the private claims mentioned in the said memorial, it would at this critical time be attended with bad consequences to the treaty of peace now carrying on with that Nation, and as the matter does not properly come before them, they ought not to take any notice of the memorial in any of their conferences with these people. The MEMORIAL. To the Gentlemen Commissioners appointed by the States of Vir- ginia, North Carolina & South Carolina, to negociate a peace and settle a boundary between the Cherokee Indians and the white people. The memorial of Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, William Johnston, John Luttrell, James Hogg, David Hart, and Leo : Hen : Bullock, sheweth. That your memorialists did on the seventeenth day of March in the year of our Lord one thousand seven hundred and seventy five purchase of the said Cherokee Indians in fair and open Treaty a large tract or territory of land lying on the Ohio and Branches thereof and immediately adjoining the line lately run by CoP. Donelson^^ as a boundary between the Virginians and the said Cherokees, which was at that time conveyed by two seperate deeds from the said Cherokees to your Memorialists; by which said purchase and deeds all the lands below or on the South East side of Kentuckie or Louisa River up to the head thereof or to where Col^. Donelsons line crosses or strikes the same, thence along said Donelsons line to Holston River six miles above the long Island, thence down the said River to where the course of Powels Mountain strikes or intersects the same, thence North Eastwardly along Powels Mountain or the course thereof to a point from which a North West course will strike the head of the most Southwardly Branch of Cumberland River, thence down the said River including all its waters to the Ohio, thence up the Ohio to the mouth of the said Kentuckie or Louisa River, were Granted and con- veyed to your Memorialists with free liberty of forming immediate set- tlements thereon without the least disturbance or molestation of them the said Indians. And whereas the settleing and agreeing on a Boundary line between the said Indians and white people seems to be a principle object under your consideration, and what we suppose you have full >» John Donebon, born about 1718, was a native of Pittsylvania County, Virginia. He was well edu- cated and possessed gifts as a writer. He served his state in the House of Burgesses. In 1772 he ran the famous line about which so much controversy took place, known as Donelson's Line. The purpose of the treaty at the Long Island of Holston, July 20, 1777, was to altei Donelson's Line, to extend Vir- ginia's boundary westward, and to open a free pathway for emigration to Kentucky. It was during this treaty, without doubt, that Judge Richard Henderson secured the services of Donelson and James Robertson to lead two parties, for establishing a settlement at the French Lick, afterwards Nashborough, later Nashville. Donelson's journal of the voyage in "the good boat Adventure," which set out from the Long Island on December 22, 1779, is a fascinating account of a remarkable voyage. Henderson thus was the prime mover in the founding of Nafhyille, Robertson and Donelson remaining there to defend and stabilize the group of settlements. Later he was active in land affairs and political issues in Tennessee, and in Kentucky, which he frequently visited. In 1783, Donelson and Joseph Martin, under appointment by the governor of Virginia, conducted a treaty of amity with the Indian tribes near Nashville. In 1784-5 he was actively interested in land speculation and was appointed surveyor for the recently established county of Houston in Georgia. In the autumn of this year he was slain from ambush by an assassin whose identity was never discovered. Treaty of Long Island of Holston 85 power to perform. Wo hope regard will be had to our said purchase, 80 far as not to permit the Indians to reclaim the lands or any part thereof, which by consent of the whole Nation they so fairly sold and willingly gave up. Your memorialists conceive with great difference to the Gentlemen Commissioners, that the Cherokees cannot nor in Justice ought not to enter on the lands, on the N^orth side of Holston or hunt thereon above where the course of Powels Mountain intersects the said River, nor in any manner be permitted to enter on the land sold as aforesaid to your memorialists. Your Memorialists acknowledge that some of the good people of Vir- ginia have given out in speeches that the lands so bought of the Chero- kees were not the property of your Memorialists, but belonged to that State or Commonwealth; that in consequence of such claim the matter is to be heard on third monday in their next Session of Assembly, at which time your Memorialists have no doubt but that Assembly will disclaim all pretentions to the lands in dispute, and the title of your memorialists become firmly and indisputably established. As the Treaty and purchase are matters of public notariety and the depositions respect- ing that matter are now in possession of the Virginia Assembly so they cannot at this time be laid before the Commissioners for Treating and settling a boundary between the Cherokees and white people. Your Memorialists hope that the Commissioners will not proceed to run a line through their purchase, or yield any part of the lands con- tained therein to the Indians as it will be a manifest injury to private property and what no law or policy whatever can require, as the Indians voluntarily and for a valuable consideration gave them up, and after a most deliberate consultation agreed forever thereafter to restrain themselves from reclaiming or demanding the lands in question. June 18^*^ 1777. John Luttrell James Hogg David Hart & Leo : Hen : Bullock Richard Henderson Thomas Hart Natl Hart John Williams William Johnston^* July 16'^ 1777. Present as Yesterday Col**. Christian spoke as folloAvs. Friends and Brethren. We your Brothers of Virginia could readily give you reasons why the lands on this River were settled by white people, and shew that the good 'I For biographical sketches of all the co-partners of the Transylvania Company, consult the fol- lowing books, monographs, and historical essays by the editor: "The Conquest of the Old Southwest"; "The Star of Empire"; "The Creative Forces in Westward Expansion" (American H''storical Reriev), XX); "Richard Henderson and the Occupation of Kentucky" (Mississippi Valley IIisU*rical Ktriew, I); The l>ansylvania Company and the Founding of Heudorson, Kentucky; and Thansylvania: an Attempt to Establish the Fourteenth American State. 86 The North Carolina Historical Review old King over the water granted these lands to us who were his subjects, and give us great encouragement from time to time to settle ourselves and families thereon, we could also shew you that this present King who has endeavoured to enslave his people, could find no other way to break these Grants than by ordering his servants Stewart and Cameron to tell you that the white people had settled these lands without his consent, and to desire you to drive them off or kill them, this was one reason why you went to war, by which you have been so much the sufferers. But to convince you more and more that we want to do you the strictest justice as well as our ov^m people who settled this River under the authority we have just mentioned ; we only desire to take in on our side the line those who have actually settled on this River and planted corn last year ; and go so low on the River as to take in these settlements and to run a straight line from the River to a point two or three miles below Cumberland gap, that our road to our settlements on the Ken- tuckie (a country we long ago bought of the N^.ward Indians) may be open and that our people may travel to and from that country un- molested, and without doing you any damage. This boundary will fully satisfy your elder Brother of Virginia ; it is all he desired us to ask and but a verry little more than you yourselves offered last night. The lands that will fall within the lines we have proposed, produce but little game to your Hunters and therefore cannot be of much service to your IS'ation, and this boundary will stand firm and unshaken through many genera- tions; as our Governor will recommend it to the Great Council of Vir- ginia to make Laws to punish any white man who will settle below it within the limits of Virginia, or by any means attempt to injure you in the peacable possession thereof. We shall also recommend it to our Governor to order the line from the River below the plantations to the mountain three miles below Cumberland Gap to be run as soon as the season of the year will admit, which we suppose will be in the fall, or it may be done now if you desire it. By abiding to this line a final end will be put to all our differences and the Cherokees & Virginia be lasting friends. We desire to inform you that we do not wish to oblige or force you to comply with this demand, for should you believe it unjust or hurtful to your Illation, and therein differ in opinion from us we would desire you to tell us freely and without reserve in the same manner as if we were sitting round your council fire in Chote. You may be assured that we did not send for you to this place in order to take any advantage of your distance from home or w^eakness here. We consider you as a Great I^ation met w^ith us in free and open Treaty; and you may be assured that we will protect you from all harm and conduct you safe to your Country; and that altho we may differ in opinion we will do you all the service we can; therefore whatever you do or say on this important article of our Treaty we hope you will do it from your heart and speak your sentiments without fear or reserve. Treaty of Long Island of Holston 87 We desire in the name of Virginia if this line is agreed on that for the future you shall not consent that any white people shall settle on your side thereof on any account whatsoever within the limits of Vir- ginia without the concurence of the Governor or his Commissioners appointed for that purpose ; so that you ought not to sell, rent, or make any agreement whatsoever with private persons respecting the Lands aforesaid or give them the least encouragement to settle or hunt thereon or even keep their stocks of cattle or Horses within your country. And should any wicked white man attempt such a thing you are to give us notice thereof and we shall order a party to bring him off and punish A double string The warriors then withdrew for a short time to consult each other and after returning the old Raven spoke as follows. Friends and Brothers. I am going to speak to you because it is a general talk. Yesterday you heard all the sentiments of my heart. I left you last night to con- sider what I said to you. You desired me to consider a proper Bound- ary; and you now propose another to go a little farther than I men- tioned. As my friends and Brothers are talking together they are to declare every thing in truth to each other. I understand from my friend it was by the old Great Man over the water that my land was settled; but I know nothing of it. The time is fresh in both our mem- ories when he was sitting on the Throne and if the land ever belonged to him its more than I know of. You and I were talking last night to- gether on the subject of the Boundary line and I told you what I thought a proper place. You propose a line that goes beyond what I mentioned and binds verry close upon me. My people have many minds about it and I cannot readily agree that the line you propose shall be established. One of the greatest grievances that I complained of was that of en- croachments on our lands. But let not this hurt our peace talks. It was the desire of the great beloved man of Virginia that a firm boundary should be made between the elder and younger Brothers and altho there is a little odds in our opinions let it not spoil our peace. It is oftentimes the case when one Brother wants a thing which another sets store by that the first desires hard to get it; but if they are affectionate Brothers it is no odds. I hope nothing will be carried to the Governor of Virginia but what's agreeable to him; altho I cant agree to the demand that is made. I own I was a little surprised when I heard what my friend said just now. But I confess I ought not as he told me at the same time that both me and my people should be safe, which was not the case some years ago. this matter is a little misterious and I cannot give you a clear answer. But I hope you will reconsider the matter and reflect that it is one of my greatest grievances. T hope you 88 The Noeth Carolina Historical Review will take no resentment at this my objection as from tlie talks we have just had I have no reason to think you will. What I desire is that you would reconsider the matter and I will consult my people likewise returned the String Down this River is the place that causes some of my Warriors to object ; but it will not spoil our good talks. We want to fix a firm and lasting Boundary. When this is once done my people will know where it is and they shall not trespass upon you. M"". Avery then spoke as follows. Beloved man and chief of the Cherokee I^ation. Brothers you have complained to us that the people of North Carolina have encroached on your lands. Now listen and hear what your Brothers of North Carolina have to say to you. Many years ago the Governor of North Carolina, who you called the Big Wolf, Governor Tryon, agreed with your Nation, and fixed a line between your and our people. And so long as both Nations lived in peace our Governor and Council did not order any settlement, to be made over that line. If any such had been made without your consent, you ought to have complained to our Governor and Council. When our Governor and Council heard of the settlements on Watauga being made without their consent, and that you had made bargins with those people about lands without consulting them, they were not well pleased with those people nor with you: that you should make bargins to place inhabitants, between your Country and our Country without their con- sent. However in time of peace these inhabitants were not driven away or removed off. Neither were they taken under protection. But they were let alone; no officers were appointed by Government; no beloved man sent to sit on the seats of Justice there. You did not complain to the Gov*", and Council to have them removed. When you began the late War, you broke over the line between your Nation and our people agreed upon and fixed by the Big Wolf, and you killed our people on the head waters of the Catawba & broad river. And after you had broke over the line and made the path dark and bloody between our two Countries we traveled in the path of War to your Country. Our Governor and Council sent out an Army against your Nation. And at the same time, by the desire of the settlers on the waters of Watauga & Nolachucky, took them under the protection of the State, and supplied them with money, amunition & salt &c. And they were taken in, & admitted in time of the war, as our people. We promised to support them in that place; &; by the assistance & a little of the power of North Carolina, they have lived there in time of War. Before the War this power was restrained & kept back beyond the line fixed by the Big Wolf. But now Treaty of Long Island of Holston 89 by making War you have been the occasion of bringing this power to Watauga & Nolachucky. And now some of our beloved men may come &; sit on the seats of Justice there. You have requested that those people should be removed quite away; and the power of North Carolina is great enough to remove them. But you made war & we then took these people for our own people. You have made it verry troublesome for us to remove them ; and it would be more agreeable to our Governor and great Council, for them to stay. We desire in behalf of the State of North Carolina, that if a line should now be agreed upon between your Country & our Country, that you for the future, shall not consent that any white people shall settle on your side the line, on any account whatever, without the consent of our Governor and Great Council or Commissioners by them appointed for that purpose, and we desire that you will now faithfully promise that you will not hereafter sell rent or make any agreement whatsoever, with private persons respecting the Lands on your side the line, as aforesaid; or the range or privilege of Hunting thereon; lest such bargins should again ocasion Disputes be- tween you and your brothers of North Carolina. Brothers; We are now about to fix a line that is to remain through all generations, and be kept by our Childrens children; and we hope that both Nations will hereafter never have any more disputes. We shall recommend it to our Governor &; Great Council of North Carolina, to make Laws to punish any white man, who shall settle or encroach on your lands or in any manner injure or disturb you. By fixing a line and abiding by the same, we may be lasting friends. We desire to inform you that we do not wish to oblige or force you to comply with our proposals now to he made; for if you should believe them to be unjust and hurtful to your Nation, & therein differ in opinion from us, we desire you to tell us freely and without reserve, in the same manner as you would tell your own people in Chote. And whatever you say on this important article of our treaty, we hope you will speak freely from your Hearts. We desire to know your opinion whether you think it w^ould be just to remove the inhabitants of Watauga & Nolachuckey; or whether you do not think it would be better for both Nations for your beloved man k chiefs to fix a boundary, below our inhabitants, beginning at the ford on holston, where the path crosses at the lower end of valley, running thence a straight course towards a point about three miles below Cum- berland Gap, untill it intersects the line hereafter to be extended between the States of Virginia & North Carolina; and from the said ford, a straight line towards Nolachuckey River five miles West of the mouth of McNamies Creek thence South, crossing Nolachuckey to the Southern bank thereof & from thence South East into the mountains, which divide the Hunting grounds of the Overhill Towns from those of middle set- tlements. * o . A btring 90 The Noeth Caeolina Historical Eeview To which the old Tassell replied. I look upon it the line you ask is much too nigh to my l^ation it takes in all your settlers on Kolachuckey River, which are themselves too nigh ; but this shall not spoil our good talks. I want liberty to raise my children and have an open Country. I speak freely because I have a right to speak in my own behalf. This line I cannot agree to, as it is too near my [N'ation ; nearer I believe than you think for. for I look upon it you would not make an unreasonable demand. I am verry thankful for the many good talks between us for the safety and security of my people ; but did not expect you would talk of boundaries so near my Towns. It seems as if my elder Brothers speak with a stranger mouth than I can, but this argument seems weak when set against what I say, for that line is too near me. I believe my elder Brothers want to know my principles. I thought they had known them before. I never was guilty of telling lies, all my people depend upon my word; and I tell you none of them have a bad heart against my Elder Brothers at this time. This is all I have to say this evening upon the subject, tomorrow I will speak again. I want to talk about CoP. Gist going to General Washington & I want the Commissioners to write a letter for CoP. Gist to carry to that great Warrior in behalf of my Nation. 17^^ July. Present as on the 15*** The old Tassell spoke as follows. Now the beloved men of North Carolina shall hear my reply to what they said to me last night. The talks you gave me came from the Governor to make a path from your Country to mine and was verry good till you came to talk of the boundary line. My beloved man and the beloved man of Virginia have taken hold of each other fast high up the arm. It may be the same by my brothers of North Carolina. But by their asking so much land it seems as if they want to see what we would say, that we might refuse something, and they might catch us in a trap for an excuse. I left people both at home and in the woods far beyond there, who are waiting and listening to hear what I do. As you are talk- ing of much land I dont know how they would like that part of your proposal. As I said before the beloved men are here together. My beloved Man has been to see the Great beloved man of Virginia who I suppose wrote to your Great beloved man to send you here, and talk about making Peace. I want to know whether he wrote anything to him to require so much land as you seem to do. I am talking to my Brothers so I call you all. as to land I did not expect any thing on that subject; but only concerning peace. The man above hath ordered it so that the white benches shall be set down for us, and I hope nothing will Treaty of Long Island of Holston 91 enter either of our hearts but good thoughts. I would leave it to the beloved man of Virginia to settle all things (about Lands) between us. I am talking with my elder Brothers on a subject I cannot clearly com- prehend. I did not expect it would have been put to me at this time; for my elder Brothers have imposed much on me in the land way. if this and another house was packed full of goods they would not make satisfaction. But I will leave the difference between us to the great Warrior of all America. It seems misterious to me why you should ask so much land so near me. I am sensible that if we give up these lands they will bring you more a great deal than hundreds of pounds. It spoils our hunting ground; but always remains good to you to raise families and stocks on, when the goods we receive of you are rotten and gone to nothing. Your stocks are tame and marked; but we dont know ours they are wild. Hunting is our principle way of living. I hope you will consider this and pity me. Here is my old friend the Elk (meaning CoP. Preston) and two particular from Virginia hearing the answer I make to my brothers of J^orth Carolina, you require a thing I cannot do, for which reason I return you the string of Beads to consider upon again. In my talks at Chote Town house there shall be nothing bad towards my elder Brothers. I will hold them fast and strong. I have been often told that my elder Brothers were naked and had nothing. I said if so I will be naked also. I looked for nothing but to raise my children in peace and safety. My former friend who is now my Brothers enemy told me if I listened to you I should wear hickory bark shirts ; but that Talk I do not mind. returned the String Then the old Tassell spoke to the Virginia Commissioners as follows. I am going to speak to my friends and elder Brothers who I hope will remember what I am going to say. Ever since winter the good talks have been going on between us. Here is the Raven who first came to us with the good talks. Your second messenger happened to be killed by some of our bad people, who were not at that time well to my elder Brothers, and it was a great grievance to me. When the Raven came here last winter it was proposed to him by my elder Brothers, that a great and good w^arrior should go with him into the Nation ; but this he objected to for fear some bad people should accidentily meet with him, and kill him. In that case the Raven said **he must die also." Then another man was sent with him, for which I am verry thankful to my elder Brothers, in that they left the good Warrior with his own people. Now I have got this good Warrior fast by the hand, and will lead him to the beloved seats in Chote, where he shall sit down and keep the beloved talks, between me and my Elder Brothers. I'll take him and 92 The North Carolina Historical Review lead him through all the Towns in safety. He shall sit down and smoke with my heloved man. and hold the chain of friendship hard and fast, that nobody shall pluck it from him, as I have him by the hand and determine never to let him go. I hope my elder Brother will never be sorry that he is gone with me. As he is a good man to you he will be the same to us. Any News that comes to us there of any kind, and from any place he shall send it here to this seat of Justice, that my elder Brothers may know it. CoP. Christian then spoke as follows: Friends and Brethren At our last meeting at this place, a letter from our Great Warrior Gen^ Washington was delivered to his Brother Oconostoto, by one of his war Captains and your friend CoP. Gist. By this letter you were invited to send some of your young warriors to our GenP. Camp where they will meet with a hearty welcome, be treated as friends and be at liberty to return in safety to their country whenever they desire it, and also they shall be under the care of CoP. Gist and be paid and well cloathed during their stay. He likewise mentioned to you the success of his Battles and engagements on many occasions. We can now assure you from the best inteligence we have been able to procure that his success continues and that his army is increased to a great number. You are sensible that CoP. Gist went all the way to see that Army and the Great Council of thirteen United Countries last winter, and brought inteligence and good talks from thence. You know the pains and trouble he has been at, and how careful he has been to you in bringing about a happy peace, betwixt you and your Brethren the white people. And that he has long been a friend to your Nation from these reasons we would earnestly recommend it to you, to let some of your Warriors and young men accompany him to the Northward, as they can safely trust themselves with him. They will then have an op- pertunity of traveling through an extensive, rich and populous Country. They will see the Grand Council of thirteen United Countries, in the Great City of Philadelphia, and at the Generals Camp they will see the finest and largest Army that ever was in America, drawn into the field to fight for the liberty of all the good people therein, and to keep them from being enslaved. They may also if they choose it learn the white peoples art of War, under that Great and experienced General, who will be a father and friend to your Nation. When they return, they can bring back all the News. We do not want them to fight our Battles, but to see the riches and grandeur of our Army and Country. This invitation has been given to many tribes of Indians in friendship with the white people ; and some parties of the Warriors as we have been informed have joined the General. For the same purpose he has de- sired some of your young men, which is to show our enemies, that we have many Nations of Indians in friendship with us. Treaty of Long Island of Holston 93 To which the Tassell replied as follows. Here is my friend and Brother (pointing to Col Gist) whom I look upon as one of my own people. He is going to leave me and travel into a far Country, but I hope he'll return. Here is one of my people the Pidgeon that will accompany him but I do not know of many more that will. He will think no trouble of the journey it is all by land and will seem light to him. He once went over the Great Water where he could not see which way he was going; but this journey will be all by land and he will think nothing of the fatague. I am verry thankful that such a man as the Pidgeon has undertaken this journey; because we think much of him, and I rely that my friend will take care of him. I cannot be accountable how many men will go with the pidgeon and my friend ; I know of only three or four there may be more but will see at night. Now this is the last talk I have to give. We have been long here and some of my people are desirous to go to their cornfields which may be on sufferance for want of labour. Tomorrow I am verry sensible some of them will set out. I want the talks over myself as soon as possible; but I know matters of great con- sequence cannot be hurried on. I hope the business will get so far done that I may go in three days. But we will see one another often times at this place where the beloved fire is left. A string to CoP. Gist The Tassell continued his speech as follows. The beloved man who is pitched upon to hold the good talks (meaning Cap^ Jo. Martin )^^ fast with me; my beloved man the Raven shall take him fast by the Hand and lead him to the beloved seats in Chote, there to hold each other forever. I had a beloved man once in my land, which was Cameron, who was always talking in my house, in behalf of the white Traders, who brought us supplies of goods. It has been but a little while dark. Here is Ellis Harland who lives in the beloved Town ; when we get home, shall go to Seneca and bring us goods as usual, there is George Lowry, my Trader in Toquo, him and Col**. Gist took hold of each other, and hold the peace Talk, and my friend here, knows it; I determine to send him with Ellis Harland likewise. Joseph Vann is inclined to supply us with goods; He will be living again with us verry '• Joeeph Martin, born in Albemarle County, Virginia, in 1740 was wild and lawless as a lad, neg- lecting his education and running away to join the army at Fort Pitt. In 1769 he made an abortive attempt to establish a settlement in Powell's Valley, but was driven off by the Indians. In 1773 he removed to Henry County, Va., and the following year served as a lieutenant in Dunmoro's War. In Janiiary, 1775, as agent for the Transylvania Company, he established the famous settlement, afterwards forted. known as Martin's Station. Following his appointment as captain of militia, he served on Christian's expedition against the Cherokee Indian?. Among other phases of military service, he was in command of the troops at the Long I.sland of Ilolston during the treaty, July 20, 1777. As outcome of that treaty, he was appointed by Gov. Henry agent to the Cherokee tiibe on behalf of Virginia. Until his death on December 18, 1808, he was one of the most influential men on the North Carolina frontier, frequently serving as agent and commissioner for Virginia in negotiations with the Indians, and representing Sullivan County in the North Carolina legislature, which appointed him brigadier-general of Washington District. No frontiersman of his day served in so many important public capacities or accompli.shed more for the pacification of the Indians and the settlement of the Weatern borders of North Carolina and Virginia. 94 The N^orth Carolina Historical Review shortly in friendship, and I hope will be agreeable to you. When I have this your warrior and my friend sitting on the seat of Justice in Chote, every small thing that is heard (as often times it is from the Creek l^ation) shall be sent and explained by him to my elder Brothers; and I will always assist him in this good work. The Warriors that go to the great and noble Warrior, will let him know that I have this good man with me in my towns. It may be some satisfaction for him to hear, of one of his Young Warriors being so well received in our beloved Town. I hope your great and noble Warrior of America, will consider my condition, because it is poor and low with me; because I think the people of South Carolina are seeking too much land from me. I hope these my friends here do not take this amiss. My desire is that this powerful Warrior will give me some redress, for the great injury of taking from me one of my principal Towns. This day Col°. Christian delivered to the Commissioners of North Carolina the following proposals (viz) July 17*^ 1777) The Virginia Commissioners propose to join with the Commissioners of iNTorth Carolina, in recommending to the Gov- ernors of the two States, an extension of the boundary line between the States as far West as can be obtained of the Indians ; if possible beyond the present inhabitants who planted and were actual settlers in 1776. that then the Virginia Commissioners will propose to the Indians to run a line from that point, to a point in the mountain three miles below Cumberland Gap; and that they will give the Indians a specifick sum for the lands North of that line; and that the North Carolina Commis- sioners should propose to the Indians, from where the extension of the Boundary, between the two States terminates, to turn such courses as will secure their inhabitants as far as the line of the hunting Grounds, between the middle & Overhill Settlements. CoK Christian having intimated that an immediate answer in writing was expected, the following was prepared and delivered (Viz) We the Commissioners of North Carolina do agree with the Com- missioners of Virginia, to recommend to the General Assemblies of the two States, to extend the line between them as far West, as the Indians shall agree to give up at this Treaty. But we think that the proposals made yesterday respecting the boundary line between our State and the Indians, ought not to be altered. We think it would be verry unjust to give up to the Indians any part of the settlements, that our State took under protection during the War. We are of opinion that the proposal of yesterday, will no more than secure us a regular boundary tolerably straight so as to include our inhabitants on both sides of Holston River, Treaty of Long Island of Holston Ui) as many on the North side will probably fall into our State. As we expect that no settlements will be permitted to be made within five miles of the Indian line on our side; we think it will be so much the more necessary that this line should be regular & straight; and that it would be verry inconvenient to have it irregular with many angles. We have no intention to purchase any lands from the Indians; neither can we imagine that the General Assembly of our State will think it just to pay large sums of money for lands and settlements, which they have at a great expence, protected during the War. July 18*^ Present as on the 15^^ ; CoP. Christian spoke as follows. Friends & Brethren, Our business at this place was to make peace with our ancient allies the Cherokees ; a peace that cannot be broken by the artifice or injustice of our enemies & yours and which we hope will be settled on such a good foundation as to continue unbroken through many succeeding genera- tions; and under which your nation may live in safety, flourish and become more powerful than ever. In order thereto we desired you to make your complaints & grieveances all known without reserve; and we should do the same with you. This we have both done; and find you have been greatly imposed upon, and abused by bad men amongst your- selves, who persuaded you from time to time to rob the white people, and at length to go to war with them, before you made your complaints known to our Governor; by which means you involved yourselves & us in trouble. But as all this is done away, and we are once more become friends and Allies; we thought the surest way to continue that friend- ship and strengthen that Alliance, would be to fix a boundary between you & your brothers of Virginia that may stand firm & unbroken thr'o ages yet to come. The boundary we propose is to take in all the inhabi- tants on this side the River, to the second Creek below the Warriors ford at the lower end of Carters Valley, being about three miles below the fording; then a straight line in Cumberland Mountain, three miles below the great gap, thr'o which the path goes to the Kentuckie. Breth- ren consider that the difference between this line, and that run by CoP. Donelson, by consent of your Nation; and you will find it is not so great as you imagined. You are sensible that if we had desired or wanted your land, we should have left an army in your Country and not have invited you to treat with us, or support you in your greatest dis- tress & promised to assist in protecting you against your enemies. All this was done to you as friends, without requiring any other return than your friendship and confidence. Nor do we now mean to ask the above lands from you, for any favour you have already received or is about to receive from us at this Treaty, so far from it that we propose to give you 96 The North Carolina Historical Review two hundred head of breeding Cows and one hundred head of Sheep for it, by the fall to be delivered at this place when the line is run, at which we desire some of your Warriors to be present that your people may have stocks of their own. This stock we give as a compensation for the land that falls within our state when the boundary line between Virginia and Worth Carolina is run, which may be of great use in cloathing and supporting your people. In short, on your agreeing to this boundary, our peace will be confirmed and you may rest assured of the friendship of Virginia on all future occasions, and that we will become one people linked together by the strongest chain of friendship, interest and mutual defence. This is the earnest desire of our Governor and his great men who desired us to do you the strictest justice, as we expect it is of your beloved man and his warriors. It will then be in our power to prevent our people from breaking over the line or other wise injuring you, which will not be in our power if there is no boundary fixed between us. We will also send a beloved warrior with the interpreter to reside in Chote to write your letters, and deliver our talks to you from time to time and to transact your business while he continues there; and we will also send a person down with you now, to repair your Arms, when they are out of order, at the expence of Virginia. Brethren we have now endeavoured to show you some of the many benefits that will arise to your people, by fixing on and settling a boundary between your country and Virginia, in the manner we have proposed, from which you may readily conclude the many incon- veniences that must follow on a refusal th'o we are at Peace. We hope you will calmly and attentively consider these things, and be assured that we dont want to take least advantage of your situation, but to do every thing with you on just and generous terms. A double string The Commissioners then withdrew, and left the Indians alone to consult, after a short time being met again, the Raven spoke as follows. Now my elder Brothers shall hear what I have to say which is the certain truth without wavering. You and me have each other fast by the hand and we will forever keep our hold; altho some difference may arise in our opinion, while we are talking the friendly talks together. The bright chain of friendship is laid aside till we can settle the bonds of our Countries. I find that my elder Brothers pities me, and is not willing to share me of my land, which makes me take consideration of the matter. Here is my friends. Brothers and beloved man on both sides, holding verry agreeable talks together which I hope will never be inter- rupted. The path shall last forever and I shall sit at home safe, and confide that my elder Brothers will put it out of the power of all people Treaty of Long Island of Holston \)1 to cross it, as if it was a wall that reached up to the skies. I shall sit at home and believe that this path now going to be made is such as no man may cross. My elder Brothers may be assured that I will prevent all my young men in the same manner. I trust to your beloved man to take care that none of your people breaks over this line. As all the good talks have been ended and we are making the path good between us we will always be Brothers and this path shall forever be observed, as our children after us are here represented and we are acting for future gen- erations. My elder Brothers desired me to mention a boundary, and after that you proposed another. But I tell you now we will begin our line at the mouth of big Creek just below Robisons fort, and run from thence a straight line three miles to the left of Cumberland Gap. As for the path towards Kentuckie, I dont know exactly where it is; but the Gap I speak of is a verry remarkable one, and there is a verry high nobb to the left of it which the line may run to. And let the path go where it will I dont mind, for you are welcome to a path, through our land any where. From the mouth of this Creek to the top of that mountain, is the boundary fixed in my mind, and I give it up freely; tho it is or used to be a considerable part of our hunting ground; by reason you talk verry good, and has pity on me. My young people have not all got guns. My stock is all wild, and as you have pitied me, I hope you will give me a few, out of the abundance you have. I should not have spoke on this head, but a number of my young men are quite without, and our stock is getting verry wild. Many of my people are at home and some that are counted particular wamors ; to them I shall endeavour to make all things straight and prevent all evil, th'o from the talks sent to me I have no right to think any w411 attempt, to break our chain of friend- ship. I have taken hold of a warrior of my elder Brother to carry home with me, that nothing shall be hid. He shall sit down with me at home on the seat of justice, and give you every intelligence that comes to my Nation. He is the same man first proposed last winter, and I am glad the reasons I then gave weighed with you for not sending him, but the unfortunate one (meaning Sam^ Newel) Now as we have fixed on a boundary which when it is run, as the warrior will ever be with us, if any of my people trespass on you through him you shall know it and the same will be done if your people encroach on me. I'll hold the bright clear string of friendship in the front of my breast, as a mark that he shall be noticed through all my nation. This Warrior I'm going to receive, shall never receive any damage. I always will suppress any plot (if any should be) that may be to his hurt. I have done talking now. I understood there was a quantity of ammunition here to be given us; I should be glad it might be given to us this evening that we may be done. This string I give that it may be confirmed to you that what I have said is the truth; and that I expect to take your Warrior home with me and make him a great Warrior in my Nation. A String 98 The ^orth Carolina Historical Review CoP. Christian then spoke as follows. Friends and Brethren, We are sorry to give you or ourselves any farther trouble about a boundary between you and your Brethren of Virginia, as the time is passing, that both parties longs to get to their homes and families. We agree with you that the line shall be like a wall, high and strong that none can pass over or break down. But all that we asked at first was to keep our settlers within that wall, and that we could travel to the Ken- tuckie without doing you any injury for which we have offered you a reasonable reward or consideration. But we hope you will consider the matter again; and th'o from the mouth of the Creek you mention, to that we proposed, the line to begin at, is but a verry little way, it will leave out near twenty of our people, who have planted corn there, and can be of little use to you. Therefore we expect you will allow the line to begin at the mouth of the second Creek below the ford and extend to the place you point out in Cumberland mountain. Then these people who settled there will be pleased as well as all your Brothers and the line will be strong. You know our beloved man the Governor has not strained you in any thing, for which reason we expect you will not stand out about that small point of land; but small as it is, several families must be ruined if they should be moved off; and it cannot be of any real benefit to you. The Raven then spoke as follows. I depend on you to let the Governor of Virginia know that I had fixed a boundary, but that at your request I suffered it to go to the place you propose upon my land. Col. Christian spoke as follows. Brothers We have now settled the boundary between you & your Brothers of Virginia and you may be assured our Governor and great council will make it verry strong. What we have promised you shall be delivered when we run the line, of which you shall have due notice. We will inform our Governor, of your friendly behaviour at the treaty, and show him your good talks. We will send a proper person to reside in Chote to hear your talks and do your business and ours while he stays there. And we promise you he shall be a good man and warrior. That all we have done or may do here may be remembered by us and our children yet unborn, we will write the whole on a large paper; and your beloved man and Warriors sign it on behalf of all the Overhill Cherokees, and we shall do the same on behalf of our Governor and his council. And that you may have it, when you please, to show it to all your people and know all that it contains; we will give you a fair copy Treaty of Long Island of Holston 99 of it. While we are preparing this paper, in the mean time we would in the name of our Governor, earnestly recommend it to you to agree with our Brothers the Commissioners from North Carolina, & fix a strong wall between your people and that country, by which the peace, safety and happiness of your Nation will be fully secured and you v;ill have the great chain that begins in Chote held fast by the Governors of three Great Countries, which border on yours. And there is no doubt but these Governors will on all occasions, show you their friendship, and do your people all the service they can ; by which these three great Countries and the Cherokees will become one people. In confermation, A String. July the 19^^ present as on the 15^** M*". Avery spoke as follows Beloved man and chiefs of the Cherokee Nation. Brothers We (North Carolina and Chote) have for some days past, been speaking the talks of peace. We have listened attentively to what you said, and hope we remember all. What you say about peace is verry good and friendly. Brothers now listen and hear what we are going to say we come from the Governor & Council of North Carolina, to speak for them and all that country. They must all hear the peace talks that you and we shall speak this day, and will all observe the peace that shall be made, and we must do justice to all. Brothers listen well to what I am going to say. In former times you had little intercourse with your Brothers of North Carolina. We considered you as neighbors friends & Brothers. Your young men and ours have had time to grow up in the last peace. After the Big Wolf (Gov**. Tryon) had settled a line with your Nation; our Governor and great Council sent you no talks all that time, that we know of, or received any from you. Thus matters continued untill last fall was a year, our Great Council appointed a beloved man to deliver you a talk; you were then our friends. They gave this beloved Man a thousand pounds out of their Treasury, which was sufficient to buy 3 or 4000 of Gun powder, with this money he was to purchase such goods as would best suit you and to give them to you as a present. M"". Wilkin- son at Keowee was to give you notice. Our beloved man went last april or may was a year, few or none of you came to hoar our good talks <S: receive our presents. We then thought to s(Mid you good talks frequently, to cultivate a good friendship with you, and hear good talks from you as friends. We hope this will be the case when we live in friendship hereafter. We propose that a beloved man shall reside at Chote in behalf of our State to deliver the talks of our Great beloved man to your Great beloved man and all your Warriors; also to write your talks to him, that the 100 The ISTorth Carolina Historical Review good talks may go from the everlasting doors of friendsliip, that shall always stand open at IsTewbern to the doors of friendship at Chote; and the good talks also go from Chota to Newbern ; and that by this means the path of Peace may be kept clear, and Brothers on both sides see one another clearly, your complaints if you shall hereafter have any will surely come to the ears of our great beloved man & the great Council, which you told us you long ago wished for. In your talks to us, day before yesterday, you seemed to doubt whether your Brothers of I^orth Carolina, were sincerely willing to make peace with you. Brothers we were sori*y to hear this. We appeal to the great being above who knows all our hearts. He knows all our hearts are sincere, and that we are willing to have peace with you, if you will make peace with us on just and honorable terms ; a peace that will be lasting. We do not desire to make a short Peace; but a firm and ever lasting peace. If you will not settle a boundary line with us the peace cannot be lasting; for we cannot tell our people how far to go, and this will make disputes between us hereafter. You propose to delay this matter and refer it to the Governor of Virginia, but he has nothing to do with it, both States having distinct seperate interests (and powers) like two Brothers. You said that you did not expect it, did not come prepared for this necessary part of the Treaty, which is verry strange & mis- terious to us. You also seem to suspect that we went to entrap you for an excuse, but in order to convince you that your suspicions are wrong, we would observe to you that when your Nation had begun the war, that was provocation & excuse enough; if your Brothers of North Carolina had been averse to peace, they needed no other excuse to carry on the war. But our armies returned & left the whole country to your Nation, as before the War. This may convince you that our State are not desirous to drive you away; but to let you live there in Peace as friends & neighbors, if you will remain peacible and be friends. This may also convince you that our State did not covet your lands inas- much as one army, did not stay in the middle settlements, where they had possession, and might have built forts and kept the country. We desired you to speak your mind freely and believe you have done it ; we thank you for it. We also have spoken our minds freely, and this is the way to know one anothers sentiments fully. Now listen Brothers to what we shall say. Our Great beloved man and Great Council of North Carolina, are desirous not to suffer any bad men to live between your country, and your Brothers of that Country; and they want to establish a seat of Justice at Watauga, and to send a beloved man to sit thereon; that this beloved man may keep all bad people in order, and cause those that are verry bad to be hanged up by the neck ; and suffer none to injure you or make mischief between us. You have proposed that all the people of Watauga & Nolachuckie, should be removed quite away, and we have told you in what manner Treaty of Long Island of Holston 101 during the war which you had made; North Carolina took them under protection for their own people and supported them there in war; and that you by making this war had caused this protection to come, that having now become friends and promised to support them, we desire to be always friends. We now tell you that wo think it unjust and un- reasonable, for you to ask us to drive them away. You mention your distress. You allow it good and right to pity those in distress, during the war, you distressed the inhabitants of Watauga and ^^olachuckie. You were stronger, and endeavoured to destroy their substance and kill them all in their distress North Carolina pitied and gave them help & support; this we hope you allow was right and good, their substance which you destroyed and the damage you did them was verry great. They are still in distress & still entitled the pity <S: assistance of North Carolina & must have it ; which you will also allow is right. The Horses Avhich you took from these people, your beloved man promised last fall should be brought in and returned and the stock made good we are sorry that this has not been complied with on your part. Brothers listen. The Great Being above hath said that the man who would have friends must show himself friendly. Now as Calamity is the common lot of mankind, you may in the course of things see great trouble & want our assistance as friends & allies now Brothers, if you are good and friendly on this occasion, who knows but the Great Being above who lives to reward friendly actions, may put it into the Heart of the Great beloved man of North Carolina & the Great Council to help you at some future day when your necessities may require it. He no doubt, put it into their hearts to make you the present we spoke of, and he can send down all good thoughts into the hearts of man. Lastly to convince you that we are sincerely disposed for peace, & willing to be as easy with you as we possibly can, in justice to our own inhabi- tants, we have reconsidered the matter of the boundary line, and now propose one which we understand will be more agreeable to your War- riors (viz) Beginning on the North bank of Holston River, at the mouth of Clouds Creek being the second Creek, below the lower end of Carters Valey, running thence a straight line towards a high point or Nobb in Cumberland Mountain to the left hand of the great Gap, untill this line shall meet with the line between the two States, hereafter to be extended ; and running from the mouth of Clouds Creek aforesaid a straight line to the highest point of a mountain called the High rock or Chimney top, and from thence a straight line to the mouth of Camp Creek otherwise called McNamies Creek on the South bank of Nola- chuckie River, and from the mouth of Camp Creek, a South East course into the mountains that divide the Hunting grounds, of the Over hill Towns from those of the middle settlements. In confirmation, a String. 102 The North Carolina Historical Review The Warriors being consulted for a short time, the Chiefs re- sumed their seats, then the old Tassell arose and replied as follows. The beloved men of Carolina shall now hear what I have to say, now I will let you know what I have to say; and I hope you'll remember, That the Island you see there belongs to CoP. Gist. It is to keep the beloved fire on, to bring the Cherokees to talk by. I\^o man shall hold any right thereto but Col°. Gist. Your beloved fire shall be on this side the River last war your beloved fire was on this side and ours on the Island, so that it must be reserved for him. I am the man that speaks to my elder Brothers, I speak to my elder Brothers nothing but truth as I always do. dont stop your ears, but hear and remember well. Dont forget, as people sometimes do. Observe that none are so deaf as those who will not hear. Dont forget. Here was my elder Brother talking just now. I shall remember what w^as said. I shall send my great Talk to the Great Warrior of America, for him to consider what has been doing. He is the head of all, he ought to hear and consider the talks; likewise the Governor of Virginia that nothing may be hid that has been done. You have asked me for the ground I walk upon ; you have asked me for my land; the dividing line to begin on the River where the Virginia people left it, running thence to the Chimney top; thence across ISTonachucky to the Creek you mentioned. Let this be the line untill CoP. Gist returns and brings word from the Great Warrior of America, and then the line can be marked. As you are the beloved men of Carolina, I listened to your talks they went to my heart. The land I give up, will ever hold good ; it will ever be as good as it is now ; and when we are all dead and gone it will continue to produce. There- fore I expect when you come to run the line, that you will bring some acknowledgement. You have now come empty handed, with nothing to make us an acknowledgement for the land, which will afford bread to those yet unborn, when goods will be rotten and gone. You come here from the Governor of Worth Carolina to talk peace talks & make a line ; but you'll tell your beloved man of the value of the land. — IN'ow I am done; I give up the land you asked; I shall say no more. If you ask for more, I will not give it. In confirmation I give you a string. A string. About this time it rained ; The Commissioners, Indian Chiefs and some Warriors retired to a house in the Fort where M"". Sharp spoke as follows. Brothers, We have now heard you talk about the Boundary line and want to understand it clearly. We would bo glad that the Great War- rior of America should hear all the good talks that hath been between U8 at this place. But we think it absolutely necessary to have the line Treaty of Long Island of Holston 103 agreed to and established between jour country and ours immediately. We think it is not necessary to delay that matter untill we hear from the Warrior of America; because our present controversy is a matter that only respects your Country and ours, and the sooner it is done the better, and what we agree to no man will alter. Remember now that we dont promise, nor flatter you with the hopes of any reward but our friendship which we hope you will merit and thereby may be as lasting as your JSTation. [therefore we hope you will now agree with us on a boundary, and meet some of our beloved men, sometime this fall (of which you shall have due notice) and have the path marked clear and make it high and strong ; thereby our peace may be lasting and tend to the happiness of both Nations. N, B. The paragraph contained in the last five lines of the above talk was objected against, as improper to be delivered at this time, and the reasons given by M^. Avery. The Raven replied sitting, I do not know how to answer. I am agreeable to the last talk. I hope the great beloved man of Carolina will take pity on us and consider us for the land which I think he ought to do, but I do not demand it. But it was always a custom when lines were run to get something. I hope pity will be taken on me but the line shall be made firm and lasting as I give up the land. Articles of a Treaty of Peace made and concluded at Fort Patrick Henry near the Long Island on Holston July 20^^ 1777, between the Commissioners from the Commonwealth of Virginia in behalf of that State; and the subscribing chiefs of that part of the Cherokee Nation called the Overhill Indians. Article 1^^ That hostilities shall forever cease between the said Cherokees and the people of Virginia from this time; and that Peace, friendship, and mutual confidence ensue, and if either party is attacted by any Nation of Indians whatsoever, the other party is to give such assistance as may be required, as soon as men can be raised for that purpose, after the requisition is made, without pay or reward. Article 2^^. That all white or negroe prisoners belonging to any of the United States, among the said Indians, if any there be; shall be given up immediately to the person who shall be appointed to reside at Chota as agent for the State of Virginia; to whom also the said Cherokees are to deliver all Horses Cattle or other property belonging to the people of Virginia; which they have taken since the beginning of the late War that can possibly be discovered and procured. Article 3**. That no white man shall be suffered to reside in or pass thr'o the Over Hill Towns without a proper Certificate signed by three magistrates in the County of Washington in Virginia or in the County 104 The North Carolina Historical Review of Watauga in N^orth Carolina to be produced to & approved of, by said Agent. Any person failing or neglecting to comply herewith is to be apprehended by the Cherokees and delivered to the said agent, whom they are to assist in conducting such person to the Commanding Officer at Fort Henry, and the said Cherokees may apply to their own use, all the effects such persons may be in possession of at the time they are taken in the I^ation. And should any runaway Negroes get into the Overhill Towns, the Cherokees are to secure such slaves untill the agent can give Notice to the owners, who on receiving them are to pay such reward as the agent may judge reasonable. Article 4*^. That all white men residing in or passing thr'o the Overhill Country properly authorized or certified as aforesaid, are to be protected in their persons and property, and to be at Liberty to remove in safety when they desire it. If any white man shall murder an Indian he is to be delivered up to a magistrate in Washington County to be tried & put to death according to the Laws of the State. And if any Indian shall murder a white man the said Indian is to be put to death by the Cherokees, in the presence of the agent at Chota or two magistrates in the County of Washington. Article 5^^. That as many white people have settled on lands, below the boundary between Virginia and the Cherokees, commonly called Donaldsons line, (which lands they have repeatedly claimed in the course of this Treaty) & which makes it necessary to extend and fix a new boundary; and just and equitable to purchase the lands con- tained therein. It is therefore agreed by & between the said Commis- sioners in behalf of the Commonwealth of Virginia of the one part, and the subscribing Chiefs in behalf of the said Cherokees, on the other part, in free & open Treaty, without restraint fear reserve or compulsion of either parties; that a boundary line between the people of Virginia & the Cherokees be established, and the lands within the same be sold and made over to the said Commonwealth, which line is to begin at the lower corner of Donaldson line on the north side of the River Holston and to run down that River according to the meanders thereof, and binding thereon including the great Island at the mouth of Clouds Creek, being the second Creek below the Warriors ford at the mouth of Carters Valey; thence running a straight line to a high point on Cum- berland mountain, between three and five miles below or westward of the great gap, which leads to the settlements on the Kentuckie this last mentioned line is to be considered as the boundary between Virginia and the Cherokees. And all the land between the said line, and that run by CoP. Donelson, and between the said River and Cumberland Mountain as low as the new Boundary, is to be the present purchase. For which tract of land or so much thereof as may be within the limits of Virginia, when the boundary between the States of Virginia, & Caro- lina is extended, the said Commissioners agi*ee in behalf of the Com- Treaty of Long Island of Holston 105 monwealth, to give the said Cherokees two hundred Cows and One hun- dred Sheep, to be delivered at the Great Island when the said line shall be run from the River to Cumberland Mountain, to which the said Cherokees promise to send deputies and twenty young men, on due N^otice of the time being given them. And for and in consideration of the said stocks of Cattle and Sheep, the said Chiefs do for themselves and their Nation sell make over & convey to the said Commonwealth all the lands contained within the above described Bounds, and do hereby for- ever quit and relinquish all their right title Claim or interest in and to the said lands or any part thereof and they agree that the same may be held enjoyed & ocupied by the purchasers, and that they have a just right and are fully able to sell and convey the said lands in as full clear and ample a manner, as any lands can possibly be or ever have been sold made over or conveyed by any Indians whatever. Article 6^^. And to prevent as far as possible any cause or pretence on either side to break and infringe on the peace so hapily established between Virginia and the Cherokees, it is agreed by the Commissioners and Indian Chiefs aforesaid, that no white man on any pretence what- soever shall build plant improve settle hunt or drive any stock below the said boundary, on pain of being drove off by the Indians, and his property of every kind being taken from him. But all persons who are or may hereafter settle above said line are quietly and peacibly to reside therein without being molested disturbed or hindered by any Cherokee Indian or Indians, and should the Stoek of those who settle near above the line, range over the same into the Indian Land, they are not to be claimed by any Indian, nor the owner or any person for him to be pre- vented from hunting them; provided such person do not carry a gun, otherwise the gun & stock are both forfeited to the Indians, or any other person, who on due proof can make it appear; nor is any Indian to hunt or carry a Gun within the said purchase without licence first ob- tained from two Justices; nor to travel from any of the Towns over the Hill to any part within the said Boundary, without a pass from the Agent. This article to be in force untill a proper Law is made to pre- vent encroachments on the Indian Lands & no longer. Article 7^'\ That all Goods of every kind given by the Commonwealth of Virginia to the said Cherokees are to be delivered them; and that one of the Commissioners with a party of men go some distance to escort them out of the settlements. Signed by the Virg^. Comr®. & 20 Chiefs & Warriors Col". Christian spoke as follows Friends and Brethren, Warriors and Chiefs. Last Spring we your Brothers of Virginia met you at this place, and kindled the Council fire. We then smoked the pipe of Peace shaked the hand of friendship and brightened the Great chain that linked our 106 The E'orth Carolina Historical Review fathers together, which unhappily had contracted some rust. We opened the path from Chote to Williamsburgh, washed the Blood away that darkened it and made it so clear and light, that your beloved man and a number of his friends walked therein without stumbling; and shaked hands with our beloved man the Governor and his great Council and had many good talks with them. We have met a second time to confirm the Peace we then began and have been many days speaking together like friends, round the same council fire. All our talks have been good as they were intended to strengthen and brighten the chain of friend- ship. Our alliance has been made stronger by our Brethren of I^orth Caro- lina who sit before this council fire with us. They have taken hold of the Great chain to put it into the hands of their Governor at Newbern who we make no doubt Avill receive it with pleasure and hold it fast. We have hurried the War hatchet and the black belts deep in the ground, and planted a tree over them, that they may forever be hid and forgotten by us; and in their place we have taken fast hold of the Great Chain and the White Belts which we will never more let loose, we have made a firm, lasting and as we believe an honorable Peace; and established a boundary between your country and ours, which we hope will last till time shall be no more, future generations will see it and enjoy the happy effects of it when all present shall be in the dust and forgotten. The cry and the noise of War will no more be heard in our land, by which so many brave warriors fell; nor will your Warriors faces be any more blacked, to meet us in the field of battle nor their hands stained with the blood of lonely people traveling in the path. On con- trary we will every man return in peace and safety, to our own homes and employ ourselves in the most delightful business of life, that of raising and taking care of our children. Then our thoughts will be easy and our minds at rest ; and we will not be so ready to listen to the talks of bad men, nor so easily imposed upon by them. The Great & Good being who rules and governs this world in wisdom, hath put into all our hearts to make this Peace. We hope he hath smiled with pleasure upon us while we have been employed in it; and that the Peace we have now made will be a blessing to our posterity while that Great light shines, or this water continues to run in this stream. After giving our warrior and friends who are going with you into your particular care and de- livering such presents as our Governor has sent to this place, nothing more remains for us to do, but to assure you of the friendship of Vir- ginia; and that we will truly represent your good conduct to our Gov- ernor ; and to shake you our Brothers by the arm, wish you a safe journey to your country, a happy meeting with your families and friends and peace and prosperity to your whole Nation. A String. Treaty of Long Island of Holston 107 Articles of a Treaty of peace made and concluded at Fort Henry on Holston River near the Long Island July 20*^^ 1777 be- tween the Commissioners from the State of North Carolina in behalf of the said State of the one part and the subscribing Chiefs of that part of the Cherokee Nation called the Overhill Indians of the other part. Article 1^^ That Hostilities shall forever cease between the said Cherokees and the white people of North Carolina from this time for- ward; and that peace, friendship & mutual confidence shall ensue. Art. 2. That all white or Negroe prisoners among the said Cherokees (if any there be) belonging to said State shall be given up immediately to the person who shall be appointed to reside among the said Cherokees as agent for said State; to whom also the said Cherokees are to deliver all the Horses cattle and other property belonging to the people of the said State, which they have taken away since the beginning of the late War, that can possibly be discovered and produced. Art. 3^^. That no white man shall be suffered to reside in or pass through the said Overhill Towns without a sufficient certificate signed by three Justices of the Peace of some County of North Carolina or Washington County in Virginia or higher authority of any of the United States to be produced to, and approved of by the said agent, any person failing to comply herewith shall be apprehended by the Cherokees and delivered to the agent, whom they are to assist in con- ducting such person to the nearest Justice of the peace to be punished for the Violation of this Article; and the said Cherokees may apply to their own use all the effects such person shall then and there be pos- sessed of at the time he is taken in said Towns or County thereunto be- longing, and should any runaway Negroes get into the Overhill Towns the Cherokees are to secure such Slaves untill the agent can give notice to the owners, who on receiving them shall pay such reward as the agent may judge reasonable. Art. 4^*^. That all white men residing in or passing through the Over- hill country, authorized or certified as aforesaid are to be protected in their persons and property, and to be at liberty to remove in safety. And the said State of North Carolina shall have liberty to send one or more Traders with goods into any part of the said Overhill Country or towns for the purpose of furnishing the said Cherokees with necessarys. If any white man shall murder an Indian he is to bo delivered up to a Justice of the Peace in the nearest County to be tryed and put to death according to the Laws of the State. And if any Indian shall murder a white man, the said Indian shall be put to death by the Cherokees in the presence of the agent at Chote or two Justices of the Peace of the nearest County. Art. 5^**. That the Boundary line between the State of North Caro- lina and the said Overhill Cherokees shall forever hereafter be and 108 The North Carolina Historical Review remain as follows (to wit) Beginning at a point in the dividing line which during this treaty hath been agreed upon between the said Over- hill Cherokees and the State of Virginia, where the line between that State and ISTorth Carolina (hereafter to be extended) shall cross or intersect the same; running thence a right line to the I^orth bank of Holston Biver at the mouth of Clouds Creek, being the second Creek below the Warriors ford at the mouth of Carters Yaley; thence a right line to the highest point of a mountain called the high rock or Chimney Top; from thence a right line to the mouth of Camp Creek otherwise called McJN'amies Creek on the South bank of N'onachuckie River, about ten miles or thereabouts below the mouth of Great Limestone, be the same more or less; and from the mouth of Camp Creek aforesaid a South East course into the Mountains, which divide the Hunting grounds of the middle settlements from those of the Overhill Cherokees. And the said Overhill Cherokees in behalf of themselves their heirs and successors do hereby freely in open Treaty, acknowledge and confess that all the lands to the East, North East & South East of the said line and lying South of the said line of Virginia at any time heretofore claimed by the said Overhill Cherokees do of right now belong to the State of North Carolina; and the said subscribing chiefs in behalf of the said Overhill Cherokees their heirs and successors do hereby in open Treaty now and forever relinquish and give up to the said State and forever quit claim all right, title, claim and demand of in and to the Lands comprehended in the State of North Carolina by the lines aforesaid. Article 6*^*^. And to prevent as far as possible any cause or pretence on either side to break and infringe on the peace so happily established between North Carolina and the said Cherokees, it is agreed by the Commissioners and Indian Chiefs aforesaid, that no white man on any pretence whatsoever, shall build, plant, improve, settle, hunt, or drive stock below the said Boundary line on pain of being drove off by the Indians, and further punished according to Law. Nor shall any man who may go over the line in search of any stray creature be permitted on any pretence to carry a Gun on pain of forfeiting the same to the informer. In testimony of all and singular the above articles & agreements the parties aforesaid have hereunto set their hands and seals in open treaty the day and year above written. Read interpreted signed and ratified in the Great Island opposite to the Fork. Memorandum before signing, that the Tassell yesterday objected against giving up the Great Island opposite to Fort Henry to any per- son or country whatever except CoP. Nathaniel Gist for whom and themselves it was reserved by the Cherokees. The Raven did the same this day in behalf of the Indians and desired that CoP. Gist might sit down upon it when he pleased, as it belonged to him, and them to hold good talks on. Treaty of Long Island of Holston 109 Waightstill Avery (Seal) William Sharp (Seal) Robert Lanier (Seal) Joseph Winston (Seal) Witnesses Jacob Womack James Robison John Reed Isaac Bledsoe Brice Martin John Redd John Kearns Oconostoto his X mark (Seal] (of Chote) Kay eta eh his X mark (SeaF (or the old Tassell) (of Toquoe ) Savanukeh his X mark (Seal] (or the Raven) (of Chote ) Willanawaw his X mark (Seal] (of Toquoe) Ootosseteh his X mark (Seal] (of Highwassa) Attusah his X mark (Seal] (or the N^.ward warrior ) (of the mouth of Tellico River) Oosku'ah his X mark (Seal] (or Abram ) (of Chilhowey) Tholloweh his X mark (Seal] (or the Raven from the ) (mouth of Tellico River) Toos tooh his X mark (Seal] (from the mouth of) (Tellico River ) Awo Yah his X mark (Seal] (or the Pidgeon ) (of Natchey Creek) Oostope* teh his X mark (Seal] (or the mankiller) (or highwassa ) Tille ' hau ' eh his X mark (Seal] (or the Chesnut) (of Tellico ) Quu lu kah his X mark (Seal^ (of Highwassee) Anna ke hu jah his X mark (Seal] (or the Girl of Tuskegee) Anneechah his X mark (Seal] (of Tuskega) Ske'aktu kah his X mark (Seal] (of Cetico) Atta kul'la^kulla his X mark (Seal (or the little Carpenter) (of Natchey Creek ) 110 The !North Caeolina Historical Review Oo koo ne kali his X mark (Seal) (or the white owl ) (of Watchey Creek) Tha ta gulla his X mark (Seal) (or the Potclay of Chilhowey) Tus ka sah his X mark (Seal) (or the Tarapin) (of Chiles tooch) Sun ne wauh his X mark (Seal) (of Big Island Town) In the Island July the 20*^ before signing the fifth article of the Peace with the Virginians, when CoP. Christian came to that part which mentioned the Great Island; The old Tassel made an objection saying "I told you yesterday so plain that no one could misunderstand. We will not dispose of this Island but we reserve it to hold our Great Talks on. Even the grass is for our creatures and the wood to kindle our beloved fire with, people may settle around it but not on it. As CoP Gist is our friend and Brother, it is his ground as well as ours; and he may sit down and settle upon it. "When the old Tassell was called upon to sign the Articles after they had been all fairly Iterpreted, he said "ever since I signed a paper for CoP. Henderson I am afraid of signing papers. He told me many lies and deceived us. He never shewed to me but one paper and I hear he has eight or nine. But on being told by the Commissioners that this was a public agreement be- tween two N^ations, and as they would have a copy of the Articles, there could be no danger of deception. He then signed verry readily. Immediately after signing the JSTorth Carolina Articles Mr. Avery spoke as follows. Friends and Brothers Chiefs and Warriors of the Cherokee Nation. We have now kindled the beloved fire, smoked the pipe of Peace and joined the hand of friendship which is much augmented by our Brothers of Virginia. We have now made a firm and as we hope a lasting peace that will tend to the prosperity and happiness of both Nations. We now assure you of the firm and steady friendship of North Carolina. We expect that your Great beloved man and some other Chiefs and Warriors will make a visit this fall to our Governor and Great Council ; and we promise they shall be treated kindly as friends and Brethren, conducted there and returned safe to the bosom of their own Country and people. We do also assure you that we will make known to our Governor Great Council and all our people, all the good Talks we have had together since we came to this place; and they will all rejoice to Treaty of Long Island of Holston 111 hear them. We hope that your people and our people will remember and keep the Peace inviolate. The beloved man that we send to your Towns to do your business and ours we expect you will treat as a friend & Brother and assist him in the recovery of the property that you took from the white people during the late War, and which you have now promised to deliver. As you are in a great hurry, we shall not detain you longer than to observe that the great being above hath put it into all our hearts, and we have hurried the hatchet deep in the ground never to be taken up again, and wiped away all the blood out of the path ; it is all wholy done away, that our children yet unborn to the latest ages may sit around this beloved fire. We now take you by the arm high up, wish you a hearty farwell, and the happiness and prosperity of your ISTation. We shall carry the chain of Friendship to our Great beloved man who will receive it willingly to his heart, hold it fast and keep it bright forever. A String. The old Tassell then spoke as follows. I Avas apprised of the matter yesterday taking hold of an agent. I think one is not sufficient for both States, I will take hold of one of the North Carolina Warriors, and take him home. A great number of my people at home will hear all the good Talks, and when I bring a warrior from each State, and preserve their peace and safety, then my people will see clearly. ]^ow I have taken hold of my Brother from North Carolina by the hand. Some of my people that are ungovernable, may say something when I go home, but I will have the two beloved War- riors from both States by the hand. They can do the business better than one. As to trade and commerce, it lies in the breast of the seat of Govern- ment, and my two beloved men will be there to see that all things will be done right and taken care of. I have had a little trade from pensa- cola, things were dear, the first peace Talks of South Carolina and Georgia said "We see how your father took pity on you and supplied "you with goods, but they were so dear you could not buy a rag to cover "you we will let you have them cheaper.'^ We the subscribers. Commissioners appointed in behalf of the State of North Carolina to negociate a Treaty of Peace and settle a boundary line with the Cherokees, having happily accomplished these desirable purpossees with the Over hill Towns; in order to recover the Horses & other property belonging to the inhabitants of said State and have the same sent to their respective owners, & other purposes. We do therefore appoint Captain James Robison a temporary Agent for said State for the purposes hereafter mentioned. 112 The IsTokth Carolina Historical Review In consequence of this appointment, you the said Agent shall immedi- ately repair to Chot^ in company with the warriors returning from this Treaty; at which place you are to reside while you continue in this business untill you receive further orders from the Governor of said State. When you arrive there or as soon afterwards as it is prudent you are to endeavour to find out the temper of the draging Canoe and whether or how far he and his people approve of the present peace with North Carolina ; as also Judge Friend the Lying Fish & other Chiefs who did not appear at the Treaty and if they do not fully accede to the peace and boundary, whether there is any danger of one or more of those Chiefs renewing Hostilities against this or any other State. You will also endeavour to find out any talks that pass between the Cherokees, the Southern, Western and Northern Tribes of Indians. You are to make the strictest enquiry among all the Towns for persons who are enemies or unfriendly to the American cause, and have them convened before some Justice of the Peace to take an Oath of fidelity to the United States and on their refusal to be dealt with according to the Laws of this State, You will examine all travellors who pass through that country, which you can meet with, and such as have not proper papers must be secured agreeable to the third article of the Treaty. You are immedi- ately to use your utmost endeavours to have in your possession all the horses, cattle and other property belonging to the inhabitants of our State and cause the same to be conveyed safely and immediately to their respective owners. You will miss no opportunity of informing Govern- ment of the things worthy of notice. In all your transactions in that department you are to conduct yourself with the utmost prudence; and by that means obtain the favour and confidence of the Chiefs. As many things may occur which we cannot foresee and consequently cannot instruct you, in these cases you must exercise your own judgment, having the strictest eye to the honor and interest of the United States in general and this in particular; as also to the articles of our treaty. Your close attention to the business to which you are now appointed, and your candour and uprightness in the performances thereof, will put in your power to render essential services to your country. Sir Your Humble Servt^ \ Waightstill Avery William Sharp Robert Lanier Joseph Winston Fort Henry 20'^ July 1777. Treaty of Long Island of Holston ii;^. July 21"^ 1777 To the Beloved men and warriors of the middle, lower and Valley Towns of the Cherokees Friends and Brethren. We the Commissioners from Virginia and ]^^orth Carolina have the pleasure to inform you that we have kindled the Great Council fire at this place, that the beloved man of Chote with a number of his War- riors and about four hundred of his people are sitting round it; and that we have been here several days delivering good talks to each other. We have brightened the chain of friendship that had contracted some rust ; and the beloved man of Chote and our Governors have taken fast hold of it. We have washed the blood out of the path from Chote to this place ; and from here to the Great Towns where our Governors lives, so that the Cherokees may walk therein with safety. We have estab- lished a boundary between the Overhill country and the two Countries of Virginia & North Carolina. A boundary so strong that it cannot be broken down, and so high that our Enemies cannot get over it. We and the Chiefs & warriors have signed our names to the articles of our peace and are about to part in peace tomorrow and return to our homes in safety and think of nothing but raising our children. As the chain of friendship between North Carolina and your country has been broken, and the path made dark and bloody ; we wish the whole Cherokee Nation to be at peace with all the neighboring Countries, that all the paths may be made open & clear; the great chain of friendship brightened and the Great Council fire once more kindled. We your Brothers of North Carolina will recommend it to our Governor to hold a treaty of peace with you and to give you due notice of the time and place where it shall be held; that all our differences may be made up and peace friendship and mutual confidence once more restored between North Carolina and your country. And we do, in behalf of the powers of that Government promise protection & safety to all such of your chiefs. Warriors and people who shall attend, & they shall be supplied with provisions during the Treaty. In the mean time hostilities shall cease and no more be committed by our Warriors on your people; and we expect on your part that your warriors will not commit hostilities on our people; and that when we send a messenger to your Towns with good talks, you will permit him to perform his business and return in safety, and that you will protect him from insult. We your Brothers of Virginia earnestly wish & advise you to be at peace & in friendship with all your neighbors. You know the evils of War as you have suffered greatly by it; and you are no stn^ngers to the blessings and benefits of peace. Therefore, there is no doubt but you 114 The Nokth Carolina Historical Review will readily meet in Treaty with your Brethren and settle all differences. We desire you to have this talk read in your towns that all your people may hear it. In confirmation we send you a string of White Beads Com''^. from William Christian William Preston ^ _. . . Evan Shelby" i ^""S'"^ Waightstill Avery n William Sharpe ( Com", from Robert Lanier i ^^. Carolina Joseph Winston ^ After the foregoing Talk had been interpreted to the messen- ger from the Valey, one of the Chiefs of Cowee and a few other middle settlement Indians, that came to see the Treaty, Clana nah one of the Chiefs of Cowee spoke as follows, I have listened to all your good talks and hope I shall remember all; and my people shall hear all. I look upon Chote to be the beloved town of the whole I^^ation, and that it has been the means of saving all my people. When my people hear all the good talks that have passed at this place they will be verry thankful. When I shall be coming at a great distance from Cowee my people will see the light of good news, like the day springing from afar. The beloved man of Cowee sent me to this place to hear all the talks that shall pass. I have found them all good and for the safety of my Nation. The chain of friendship is brightened, which will last during all ages and my people will be verry glad to hear it. All the beloved talks are equal to the talks of the beloved town of Chote; it is all one seat of justice. It was by the consent of the beloved man of Chote to have a seat of Justice at Cowee; It will be a day of rejoiceing there to hear all the good talks at this place. I am verry thankful to have it in my power to receive your good talks & carry them to my people. It is not only I that rejoice but when they shall hear it it will open the hearts and breasts of all my people, with rejoicing at the good news. It will be an everlasting peace and safety to both sides, both me and my elder >• Evan Shelby, born in Wales in 1720, emigrated with his father's family to Maryland, about 1735, settling near North Mountain in present Washington County. Here he lived an active life as woods- man, hunter and Indian trader. During the old French and Indian war, he served prominently, first as lieutenant and later as captain, under both Forbes and Washington. He won distinction for his con- duct at the battle of the Great Kanawha; was second in command to Col. William Christian in the Cherokee expedition in 1776; and led the successful expedition against the Chicamaugas in 1779. At Sapling Grove, now Bristol, Tenn.-Va., whither he had emigtatcd in 1771, he built a fort known as Shelby's Station, which harbored many refugees during peiiods of Indian warfare. Here for years he kept a store, farmed and raised cattle on an extensive scale, and mingled with the leading pioneers of his day. In 1777, when his home was believed to be in Washington County, Virginia, he was ap- pointed by Gov. Henry, colonel of the county and justice of the peace. In 1779, his estate was found to lie in North Carolina; and Shelby, then a colonel, was appointed brigadier-genei al by Gov. Richard Caswell. In 1780 and 1781, he served Sulivan County as senator in the North Carolina legislature. He died at his home on December 4, 1794. I Treaty of Long Island of Holston 115 Brothers. I am glad to see that a beloved man of North Carolina is here to carry my talks to the great beloved man of that country. In confirmation A String Theelhoona ^koo a messenger from Cheeweyeh in the Valley then arose and spoke as follows, I listened to all the talks, & am glad to hear them all good, and will carry them all to my people. I am the more proud for what you have told me this morning, that my own people shall hear all the good Talks as well as Chote and that part of the Nation; especially as you are a beloved man of North Carolina and I am only a messenger. I have received your good Talks verry gladly and shall carry them home when my people are waiting and will receive them gladly as I have done. There are a great many beloved men in the Valley, listening and waiting untill I come home to hear your good talks, & they will receive them with a great deal of joy. You the beloved men of North Carolina have spoke to me. that you will send for me to a treaty. I will keep myself always prepared and my people will be in readiness whenever the Mes- senger comes for to attend and meet you at that Treaty. You the beloved men from North Carolina have given good talks which I shall carry home. We our people & yours are Strangers now, but I hope we shall not be so long; but be acquaintances & friends. In confirmation A String M"". Commissary. You are to deliver to Cap^ Isaac Shelby at Fort Patrick Henry six hundred weight of flour & one bag, in lieu of so much borrowed for the North Carolina Agent, and charge the same to the Public Account. Yours &c. 21«^ July 1777 ^ Waightstill Avery To M*-. And^. Grier ( William Sharp Commissary for Washington Destrict i Robert Lanier ^ Joseph Winston It having been found during the course of the Treaty that it would be impossible to obtain Hostages; the Commissioners of North Carolina requested that some of the Indian chiefs and warriors would go down and make a visit to the Governor of that State, thinking that those visiters would for the present and during the journey answer the same purpose as Hostages, after the Articles were signed five Indians offered to go down into Rowan County to see three of their friends who were captivated during the War, and stay there untill the intended treaty with the Middle Settlements. For the above reason their proposal was 116 The IN^okth Carolina Historical Review excepted, & the said five Indians were delivered, (in form, in presence of the head warriors) to the care of Major Womack; & the following protection and instructions for their safe conduct were given him. Fort Patrick Henry 22^ July 1777. Whereas the Treaty of Peace between the State of IsTorth Carolina and the Over Hill Cherokees, hath been held and the Articles of said Peace agreed to, signed & ratified in open Treaty five Cherokee Indians have been delivered into your custory and charge (towit) Aneechah one of the Chiefs of Tuskega, Willey of the same Town & three from Cowee of the middle settlements. You are hereby directed to conduct them in safety to the Quaker meadows, and there deliver them to CoP. Charles McDowel who will have them safely conveyed to the house of William Sharpe in Rowan County. The said Indians are recommended to the protection of the several Officers both Civil and Military in this State, and to the kind treatment of all the good people thereof. As they will while among us be a great security for the peacible behaviour of their Nation ; and as the good treatment these may receive from our people be the means of inducing others to come, who when the like measure shall be necessary, may answer the same valuable purpose : We therefore request and hope that every person will endeavour to protect them from insult, and give them good usage that they may go home satisfied. Sir. Your Humble Serv^ Waightstill Avery W"'. Sharpe The Commissioners wrote to the persons who had the three prisoners in their custody, to send them to the house of William Sharpe that they might all be collected at one place & remain there until farther orders from his Excellency the Governor. HISTORICAL NOTES Edited by D. L. Corbitt The notes in this issue consist of two articles on the Federal Con- stitution, a letter to Samuel Johnston relative to the Constitution, a private letter from ^^Richmond to a Gentleman in Philadelphia" discussing the Constitution, and obituary notices.
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