159 United States Statutes at Large, Vol. VII, p. 101.

160 United States Statutes at Large, Vol. VII, p. 103.

161 United States Statutes at Large, Vol. VII, p. 101.

162 May, 1807.

163 Message of President Jefferson to U. S. Senate, March 29, 1808, and letter of R. J. Meigs, September 28, 1807. American State Papers, Indian Affairs, Vol. I, p. 753.

164 United States Statutes at Large, Vol. VII.

165 President Jefferson to U.S. Senate, March 29, 1808. American State Papers, Indian Affairs, Vol. I, p. 753.

166 February 21, 1806. Indian Office records.

167 On the return home of the Cherokee delegation that visited Washington in 1801, "The Glass," a noted Cherokee chief, represented to his people that the Secretary of War had said, "One Joseph Martin has a claim on the Long Island of Holston River." This the Secretary of War denied, in a letter dated November 20, 1801, to Col. R.J. Meigs.

168 April 1. Indian Office records.

169 United States Statutes at Large, Vol. VII, p. 103.

170 Letter of Return J. Meigs to Secretary of War, September 28, 1807, in which he says: "With respect to the chiefs who have transacted the business with us, they will have their hands full to satisfy the ignorant, the obstinate, and the cunning of some of their own people, for which they well deserve this silent consideration."

171 United States Statutes at Large, Vol. VII, p. 138.

172 Two treaties appear of the same date and negotiated by the same parties. It is to be noted that the first controls a cession to the State of South Carolina and the second defines certain other concessions to the United States.

173 United States Statutes at Large, Vol. VII, p. 139.

174 United States Statutes at Large, Vol. VII, pp. 138 and 139.

175 February 28, 1807.

176 December 2, 1807. See American State Papers, Indian Affairs, Vol. I, p. 753.

177 Letter of Return J. Meigs to Secretary of War, December 3, 1807.

178 March 10, 1808. See American State Papers, Indian Affairs, Vol. I, p. 752.

179 January 10, 1812.

180 In March, 1812.

181 May 14, 1812.

182 March 24, 1814.

183 February 3, 1815.

184 A full history of Colonel Earle's attempt to secure a site for the erection of iron works will be found among the records and files of the Office of Indian Affairs.

185 United States Statutes at Large, Vol. II, p. 381. See also amendment to this act by act of February 18, 1841, United States Statutes at Large, Vol. V, p. 412.

186 Scott's Laws of North Carolina and Tennessee.

187 March 26, 1808.

188 See report of General Knox, Secretary of War, to President Washington, July 7, 1789; Creek treaty of 1790; Cherokee treaty of 1791, etc.

189 Confidential message of President Jefferson to Congress, January 18, 1803.

190 March 25.

191 See letter of Secretary of War to Col. R. J. Meigs, May 5, 1808.

192 May 5, 1808.

193 January 9, 1809

194 Letter of Secretary of War to Col. R. J. Meigs, November 1, 1809.

195 March 27, 1811.

196 Indian Office files.

197 March 28, 1811.

198 December 26.

199 November 22, 1815.

200 United States Statutes at Large, Vol. VII, p. 138.

201 March 26, 1816.

202 May 8, 1811.

203 United States Statutes at Large, Vol. VII, p. 120.

204 Letter of Secretary of War to Agent Meigs, November 22, 1815.

205 March, 1816.

206 United States Statutes at Large, Vol. VII, p. 139.

207 Letter from General Jackson to Secretary of War, June 10, 1816.

208 Letter from Secretary of War to United States Senators from Tennessee, April 4, 1816.

209 See letter of Secretary of War to Barnett, Hawkins, and Gaines, April 16, 1816.

210 April 16, 1816. These boundary commissioners were William Barnett, Col. Benjamin Hawkins, and Maj. E. P. Gaines.

211 Letter of General Jackson to Secretary of War, June 10, 1816; also from Commissioner Barnett, June 7, 1816.

212 Old map on file in General Land Office.

213 June 7, 1816.

214 From a letter of Agent Meigs bearing date December 26, 1804, it seems that he was just in receipt of a communication from the Chickasaw chiefs relative to their claim to lands on the north side of Tennessee River. The chiefs assert that part of their people formerly lived at a place called Chickasaw Old Fields, on the Tennessee, about 20 miles above the mouth of Elk River; that while living there they had a war with the Cherokees, when, finding themselves too much separated from their principal settlements, they removed back thereto. Afterwards, on making peace with the Cherokees, their boundaries were agreed on as they are defined in the instrument given them by President Washington in 1794.

They further state that they had a war with the Shawnees and drove them from all the waters of the Tennessee and Duck Rivers, as well as conflicts with the Cherokees, Choctaws, and Creeks, in which they defeated all attempts of their enemies to dispossess them of their country.

Agent Meigs remarks that he is convinced the claim of the Chickasaws is the best founded; that until recently the Cherokees had always alluded to the country in controversy as the hunting ground of the four nations, and that their few settlements within this region were of recent date.

215 May 25.

216 April 7.

217 United States Statutes at Large, Vol. VII, p. 148.

218 See Indian Office records.

219 Letter of Return J. Meigs to the Secretary of War, dated August 19, 1816. American State Papers, Indian Affairs, Vol. II, p. 113.

220 Report of Commissioners Jackson, Merriwether, and Franklin to Secretary of War, dated Chickasaw Council House, September 20, 1816. American State Papers, Indian Affairs, Vol. II, p. 104.

221 Report of Commissioners Jackson and Merriwether to Secretary of War, October 4, 1816.

222 January 7, 1828.

223 February 25, 1828.

224 United States Statutes at Large, Vol. VII, p. 156.

225 Confidential message of President Jefferson to Congress, January 18, 1803.

226 The letter of President Jefferson authorizing a delegation of Cherokees to visit the Arkansas and White River country was dated January 9, 1809, and will be found in the American State Papers, Indian Affairs, Vol. II, p. 125, as well as among the records of the Indian Office.

227 January 9, 1817.

228 Letter of Secretary of War to General Jackson, May 14, 1817.

229 In a letter to Return J. Meigs, under date of September 18, 1816, the Secretary of War says that "the difficulties which have arisen between the Cherokees and the Osages, on the north of the Arkansas, and with the Quapaws, on the south, cannot be finally settled until the line of the cession shall be run and the rights of the Quapaws shall be ascertained. Commissioners appointed by the President are now sitting at Saint Louis for the adjustment of those differences; but should the line of the Osage treaty prove that they are settled upon the Osage lands, nothing can be done for the Cherokees. It is known to you and to that nation that the condition upon which the emigration was permitted by the President was that a cession of Cherokee lands should be made equal to the proportion which the emigrants should bear to the whole nation. This condition has never been complied with on the part of the nation, and of course all obligation on the part of the United States to secure the emigrants in their new possessions has ceased. When the subject was mentioned to the Cherokee deputation last winter, so far were they from acknowledging its force, that they declared the emigrants should be compelled to return."

230 May 14, 1817.

231 On the 17th of May, 1817, these commissioners were advised that the lands proposed to be given the Cherokees on the west of the Mississippi River, in exchange for those then occupied by them, were the lands on the Arkansas and immediately adjoining the Osage boundary line.

232 United States Statutes at Large, Vol. VII, p. 156.

233 These tracts are designated on the accompanying map as Nos. 23 and 24.

234 These tracts are designated on the accompanying map as Nos. 25 and 26.

235 August 1, 1817, the Secretary of War advised the governor of North Carolina that a treaty with the Cherokees had been concluded, by which the Indian claim was relinquished to a tract of country including the whole of the land claimed by them in North Carolina.

236 This memorial bore date of July 2, 1817.

237 United States Statutes at Large, Vol. VII, p. 156.

238 Letter of Secretary of War to Treaty Commissioners August 1, 1817.

239 Letters of Secretary of War to General Jackson and Colonel Meigs, August 9, 1817.

240 Letter of Governor McMinn to Secretary of War, November 29, 1818, and subsequent correspondence during 1819. Governor McMinn's letter of November 29, 1818, states that 718 families had enrolled for emigration since December 20, 1817, and 146 families had taken reservations, which made in all, including those who had already emigrated, about one-half of the Cherokee Nation as committed to the support of the policy involved in the treaty of 1817.

February 17, 1819, a Cherokee delegation advised the Secretary of War that, while Governor McMinn's enrollment showed the number of Cherokees who had removed or enrolled to go prior to November 15, 1818, to be 5,291, by their calculation the number did not exceed 3,500, and that they estimated the number of Cherokees remaining east of the Mississippi at about 12,544.

241 The instructions of the Amoha council to the delegation of six bear date of Fortville, Cherokee Nation, September 19, 1817.

242 United States Statutes at Large, Vol. VII, p. 195.

243 May 8, 1818.

244 Secretary of War to Reuben Lewis, United States Indian agent, May 16, 1818.

245 May 16 to 24, inclusive.

246 July 22.

247 United States Statutes at Large, Vol. VII, p. 156.

248 Letter of Secretary of War to Capt. William Bradford, September 9, 1818.

249 Secretary of War to Agent Lewis, July 22, 1819.

250 Field notes and diagram on file in Indian Office.

251 October 6, 1818.

252 July 29, 1818.

253 November 13, 1818.

254 December 29, 1818.

255 November 29, 1818.

256 December 19, 1818.

257 February, 1819.

258 February 11, 1819.

259 Cherokee delegation to Secretary of War, February 17, 1819.

260 United States Statutes at Large, Vol. VII, p. 195.

261 March 6, 1819.

262 March 11, 1819.

263 March 12, 1819.

264 Mr. Houston began his survey at the point where the first hill closes in on Hiwassee River, which he found to be 2¹/₂ miles above Hiwassee Old Town. He also states in his report that he found no ridge dividing the waters of Hiwassee from those of Little River. This line from the Hiwassee River to the Tennessee River at Talassee was 46 miles and 300 poles in length. It was begun May 28 and completed June 12, 1819. The line from the junction of Cowee and Nauteyalee Rivers to the Blue Ridge was begun June 12 and completed June 18, 1819, and was 36 miles long. His report, with accompanying map, was communicated to the Secretary of War with letter dated July 30, 1819. A copy of the field notes may be found in American State Papers, Indian Affairs, Vol. II, pp. 192 and 193.

265 July 24, 1820.

266 Secretary of War to Agent Meigs, August 14, 1820.

267 February 9. See letter of Return J. Meigs to Secretary of War.

268 June 15, 1820.

269 United States Statutes at Large, Vol. VII, p. 311.

270 Meigs was appointed, May 15, 1801, superintendent of Indian affairs for the Cherokee Nation and agent for the War Department in the State of Tennessee.

271 Letter of Meigs to General Wilkinson, dated Marietta, Ohio, February 10, 1801. This letter is in reply to one received from General Wilkinson, in which the latter, among other things, inquires if he can in any way serve the former. Meigs replies: "I will answer these kind inquiries truly. In the first place, I enjoy excellent health; in the next place, I am doing what I can at farming business, endeavoring to maintain a credible existence by industry. I have been for more than two years one of the Territorial legislators; this, though credible, is not profitable. My principal dependence for living is on the labor of my own hands. I am confident, sir, you can serve me, as you are conversant with every department of the Government and may know what places can be had and whether I am capable of being usefully employed. I don't care what it is, whether civil or military or where situated, provided it be an object which you shall think proper for me. I don't know Mr. Jefferson; have always revered his character as a great and good man. I am personally acquainted with Colonel Burr. He ascended the river Kennebeck as a volunteer in the year 1775 and was with me in the Mess a great part of that march to Canada. I think I have his friendship, but he is not yet, perhaps, in a situation to assist me." Colonel Meigs was also a member of the court-martial convened for the trial of General Arthur St. Clair for the evacuation of Ticonderoga. He died at his post of duty in February, 1823, as shown by a letter to the Secretary of War from ex-Governor McMinn, dated the 22d of that month.

272 May 30, 1820.

273 Letter of Secretary of War to Attorney-General, July, 26, 1820.

274 August 12, 1820.

275 August 14, 1820.

276 March 7, 1821.

277 American State Papers, Public Lands, Vol. I, p. 125.

278 January 7, 1822.

279 June 15, 1822.

280 August 24, 1822.

281 November 19, 1822.

282 March 17, 1823.

283 February, 1823.

284 March 17, 1823.

285 Report of commissioners on file in Office Indian Affairs.

286 See correspondence between commissioners and Cherokee council. American State Papers, Indian Affairs, Vol. II, pp. 465—473.

287 October 28, 1823.

288 January 19, 1824. This memorial is signed by John Ross, George Lowrey, Major Ridge, and Elijah Hicks, as the Cherokee delegation.

289 January 30, 1824.

290 February 17, 1824.

291 February 28, 1824.

292 Letter of Georgia delegation to Congress, March 10, 1824. Memorial of Georgia legislature to Congress, December 18, 1823.

293 March 30, 1824.

294 March 29, 1824.

295 This Creek war was in large measure, if not wholly, superinduced by the unlawful and unjust aggressions by citizens of that State upon the rights and territory of the Creeks. Foreign emissaries, however, it is true, encouraged and inflamed the just indignation of the Creeks against the Georgians to the point of armed resistance.

296 May 3, 1824.

297 April 16, 1824.

298 April 24, 1824.

299 February 5, 1827.

300 Letter of Rev. David Brown to Thomas L. McKenney, December 13, 1825.

301 United States Statutes at Large, Vol. IV, p. 217.

302 March 13, 1827.

303 June 4, 1828.

304 January 26, 1828.

305 March 20, 1828.

306 April 20, 1820.

307 Letter of Governor Miller, of Arkansas, to Secretary of War, June 20, 1820.

308 Letter of Secretary of War to Maj. William Bradford, July 21, 1821.

309 Letter of Secretary of War to Governor Miller, of Arkansas, November 6, 1822.

310 October 8, 1821, Governor Miller was instructed by the Secretary of War to remove the Cherokees from lands south of the Arkansas, but its execution was deferred several years pending the establishment of the Cherokee boundaries.

311 Secretary of War to Arkansas Cherokee delegation in Washington, February 12, 1823.

312 March 3, 1824.

313 Indian Office to Cherokee delegation of Arkansas, March 13, 1824, and Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824.

314 Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824.

315 Indian Office to Agent E. W. Duval, Little Rock, Arkansas, July 8, 1824.

316 July 8, 1824.

317 Secretary of War to Governor Izard, of Arkansas, April 16, 1825.

318 See map on file in Indian Office.

319 May, 1825.

320 In a letter from Agent Meigs to the Secretary of War, dated June 2, 1817, Major Lovely is spoken of as having been agent residing with the Cherokees on the Arkansas. He had been an officer of the Virginia line throughout the Revolution and participated in the capture of Burgoyne. He had lived some time in the family of President Madison's father, and went to Tennessee at an early day, whence (after living many years among the Cherokees) he removed with the emigrant party to the Arkansas. In a letter to the Hon. John Cocke from the Secretary of War, December 15, 1826, it is, however, stated that Major Lovely was a factor or trader in the Arkansas country, who took an active part in the preliminary negotiations that led finally to the conclusion of the treaty with the Osages of September 25, 1818. It also appears from the same letter that the estimated area of Lovely's purchase was 7,392,000 acres, and that when the west boundary line of the Cherokees was run, in 1825, it was found that 200 square miles of Lovely's purchase were included within its limits.

321 Secretary of War to Arkansas Cherokee delegation in Washington, February 12, 1823.