In 1804 the Reverend Gideon Blackburn, a Presbyterian minister of Tennessee, opened a school among the Cherokee, which continued for several years until abandoned for lack of funds.207
Notwithstanding the promise to the Cherokee in the treaty of 1798 that the Government would “continue the guarantee of the remainder of their country forever,” measures were begun almost immediately to procure another large cession of land and road privileges. In spite of the strenuous objection of the Cherokee, who sent a delegation of prominent chiefs to Washington to protest against any further sales, such pressure was brought to bear, chiefly through the efforts of the agent, Colonel Meigs, that the object of the Government was accomplished, and in 1804 and 1805 three treaties were negotiated at Tellico agency, by which the Cherokee were shorn of more than eight thousand square miles of their remaining territory.
By the first of these treaties—October 24, 1804—a purchase was made of a small tract in northeastern Georgia, known as the “Wafford settlement,” upon which a party led by Colonel Wafford had located some years before, under the impression that it was outside the boundary established by the Hopewell treaty. In compensation the Cherokee were to receive an immediate payment of five thousand dollars in goods or cash with an additional annuity of one thousand dollars. By the other treaties—October 25 and 27, 1805—a large tract was obtained in central Tennessee and Kentucky, extending between the Cumberland range and the western line of the Hopewell treaty, and from Cumberland river southwest to Duck river. One section was also secured at Southwest point (now Kingston, Tennessee) with the design of establishing there the state capital, which, however, was located at Nashville instead seven years later. Permission was also obtained for two mail roads through the Cherokee country into Georgia and Alabama. In consideration of the cessions by the two treaties the United States agreed to pay fifteen thousand six hundred dollars in working implements, goods, or cash, with an additional annuity of three thousand dollars. To secure the consent of some of the leading chiefs, the treaty commissioners resorted to the disgraceful precedent of secret articles, by which several valuable small tracts were reserved for Doublehead and Tollunteeskee, the agreement being recorded as a part of the treaty, but not embodied in the copy sent to the Senate for confirmation.208 In consequence of continued abuse of his official position for selfish ends Doublehead was soon afterward killed in accordance with a decree of the chiefs of the Nation, Major Ridge being selected as executioner.209
By the treaty of October 25, 1805, the settlements in eastern Tennessee were brought into connection with those about Nashville on the Cumberland, and the state at last assumed compact form. The whole southern portion of the state, as defined in the charter, was still Indian country, and there was a strong and constant pressure for its opening, the prevailing sentiment being in favor of making Tennessee river the boundary between the two races. New immigrants were constantly crowding in from the east, and, as Royce says, “the desire to settle on Indian land was as potent and insatiable with the average border settler then as it is now.” Almost within two months of the last treaties another one was concluded at Washington on January 7, 1806, by which the Cherokee ceded their claim to a large tract between Duck river and the Tennessee, embracing nearly seven thousand square miles in Tennessee and Alabama, together with the Long island (Great island) in Holston river, which up to this time they had claimed as theirs. They were promised in compensation ten thousand dollars in five cash installments, a grist mill and cotton gin, and a life annuity of one hundred dollars for Black-fox, the aged head chief of the nation. The signers of the instrument, including Doublehead and Tollunteeskee, were accompanied to Washington by the same commissioners who had procured the previous treaty. In consequence of some misunderstanding, the boundaries of the ceded tract were still further extended in a supplementary treaty concluded at the Chickasaw Old Fields on the Tennessee, on September 11, 1807. As the country between Duck river and the Tennessee was claimed also by the Chickasaw, their title was extinguished by separate treaties.210 The ostensible compensation for this last Cherokee cession, as shown by the treaty, was two thousand dollars, but it was secretly agreed by Agent Meigs that what he calls a “silent consideration” of one thousand dollars and some rifles should be given to the chiefs who signed it.211
In 1807 Colonel Elias Earle, with the consent of the Government, obtained a concession from the Cherokee for the establishment of iron works at the mouth of Chickamauga creek, on the south side of Tennessee river, to be supplied from ores mined in the Cherokee country. It was hoped that this would be a considerable step toward the civilization of the Indians, besides enabling the Government to obtain its supplies of manufactured iron at a cheaper rate, but after prolonged effort the project was finally abandoned on account of the refusal of the state of Tennessee to sanction the grant.212 In the same year, by arrangement with the general government, the legislature of Tennessee attempted to negotiate with the Cherokee for that part of their unceded lands lying within the state limits, but without success, owing to the unwillingness of the Indians to part with any more territory, and their special dislike for the people of Tennessee.213
In 1810 the Cherokee national council registered a further advance in civilization by formally abolishing the custom of clan revenge, hitherto universal among the tribes. The enactment bears the signatures of Black-fox (Ina′lĭ), principal chief, and seven others, and reads as follows:
In Council, Oostinaleh, April 18, 1810.
1. Be it known this day, That the various clans or tribes which compose the Cherokee nation have unanimously passed an act of oblivion for all lives for which they may have been indebted one to the other, and have mutually agreed that after this evening the aforesaid act shall become binding upon every clan or tribe thereof.
2. The aforesaid clans or tribes have also agreed that if, in future, any life should be lost without malice intended, the innocent aggressor shall not be accounted guilty; and, should it so happen that a brother, forgetting his natural affections, should raise his hands in anger and kill his brother, he shall be accounted guilty of murder and suffer accordingly.
3. If a man have a horse stolen, and overtake the thief, and should his anger be so great as to cause him to shed his blood, let it remain on his own conscience, but no satisfaction shall be required for his life, from his relative or clan he may have belonged to.
By order of the seven clans.214
Under an agreement with the Cherokee in 1813 a company composed of representatives of Tennessee, Georgia, and the Cherokee nation was organized to lay out a free public road from Tennessee river to the head of navigation on the Tugaloo branch of Savannah river, with provision for convenient stopping places along the line. The road was completed within the next three years, and became the great highway from the coast to the Tennessee settlements. Beginning on the Tugaloo or Savannah a short distance below the entrance of Toccoa creek, it crossed the upper Chattahoochee, passing through Clarkesville, Nacoochee valley, the Unicoi gap, and Hiwassee in Georgia; then entering North Carolina it descended the Hiwassee, passing through Hayesville and Murphy and over the Great Smoky range into Tennessee, until it reached the terminus at the Cherokee capital, Echota, on Little Tennessee. It was officially styled the Unicoi turnpike,215 but was commonly known in North Carolina as the Wachesa trail, from Watsi′sa or Wachesa, a prominent Indian who lived near the crossing-place on Beaverdam creek, below Murphy, this portion of the road being laid out along the old Indian trail which already bore that