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138. Letter of Secretary of War to governors of Georgia and Tennessee, dated November 21, 1803.

139. April 4, 1804.

140. October 10, 1804. See letter of Daniel Smith to Secretary of War, October 31, 1804.

141. October 31, 1804.

142. Commissioner Smith in his letter of October 31, 1804, to the Secretary of War, states that two persons on the part of the United States, to be accompanied by two Cherokee chiefs, had been designated to run the boundaries of this cession. The propriety was then urged on the Cherokees by the commissioners of making a cession of the lands lying between East and West Tennessee. Several days were consumed in urging this proposal, and a majority of the chiefs were probably in favor of it, but Commissioner Smith remarks that a majority, unless it amounts almost to unanimity, is not considered with them sufficient to determine in matters of great interest, particularly in making cessions of lands.

143. December 20, 1811.

144. It is stated in a resolution of the Georgia legislature, passed June 16, 1802, that this line was surveyed by Colonel Hawkins in 1798.

145. The letter of the Cherokee delegation calling attention to this matter is dated January 19, 1824.

146. February 6, 1824.

147. April 15, 1824.

148. April 30,1824.

149. United States Statutes at Large, Vol. VII, p. 228.

150. United States Statutes at Large, Vol. VII, p. 93.

151. United States Statutes at Large, Vol. VII, p. 95.

152. November 2, 1805. See letter of transmittal of Return J. Meigs and Daniel Smith.

153. United States Statutes at Large, Vol. VII, pp. 93 and 95.

154. January 10, 1806.

155. See field notes of Colonel Martin on file in office of Indian Affairs.

156. Letter of R. J. Meigs to Secretary of War, March 4, 1811.

157. Letter of Meigs and Smith to Secretary of War, January 10, 1806.

158. See report of Commissioner Indian Affairs to Secretary of War, December 9, 1834.

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.