Two months later (July 20) Commissioners Preston, Christian, and Shelby, on the part of Virginia, and Avery, Sharpe, Winston, and Lanier, for North Carolina, also concluded a treaty with the Cherokees, by which, in the establishment of a boundary between the contracting parties, some parts of "Brown's line," previously mentioned, were agreed upon as a portion of the boundary, and the Indians relinquished their lands as low down on Holston River as the mouth of Cloud's Creek. To this treaty the Chicamauga band of Cherokees refused to give their assent.37
The boundaries defined by this treaty are alluded to and described in an act of the North Carolina legislature passed in the following year, wherein it is stipulated that "no person shall enter or survey any lands within the Indian hunting grounds, or without the limits heretofore ceded by them, which limits westward are declared to be as follows: Begin at a point on the dividing line which hath been agreed upon between the Cherokees and the colony of Virginia, where the line between that Commonwealth and this State (hereafter to be extended) shall intersect the same; running thence a right line to the mouth of Cloud's Creek, being the second creek below the Warrior's Ford, at the mouth of Carter's Valley; thence a right line to the highest point of Chimney Top Mountain or High Rock; thence a right line to the mouth of Camp or McNamee's Creek, on south bank of Nolichucky, about ten miles below the mouth of Big Limestone; from the mouth of Camp Creek a southeast course to the top of Great Iron Mountain, being the same which divides the hunting grounds of the Overhill Cherokees from the hunting grounds of the middle settlements; and from the top of Iron Mountain a south course to the dividing ridge between the waters of French Broad, and Nolichucky Rivers; thence a southwesterly course along the ridge to the great ridge of the Appalachian Mountains, which divide the eastern and western waters; thence with said dividing ridge to the line that divides the State of South Carolina from this State."38
Emigration of Chicamauga band.—The Cherokees being very much curtailed in their hunting grounds by the loss of the territory wrested from them by the terms of these two treaties, began a movement further down the Tennessee River, and the most warlike and intractable portion of them, known as the Chicamaugas, settled and built towns on Chicamauga Creek, about one hundred miles below the mouth of the Holston River. Becoming persuaded, however, that this creek was infested with witches they abandoned it in 1782, and built lower down the Tennessee the towns usually called "The Five Lower Towns on the Tennessee." These towns were named respectively Running Water, Nickajack, Long Island Village, Crow Town, and Lookout Mountain Town. From thence marauding parties were wont to issue in their operations against the rapidly encroaching settlements.39
Although comparative peace and quiet for a time followed the heroic treatment administered to the Indians by the expeditions of Williamson, Rutherford, Christian, and others, reciprocal outrages between the whites and Indians were of frequent occurrence. The situation was aggravated in 1783 by the action of the assembly of North Carolina in passing an act (without consulting the Indians or making any effort to secure their concurrence) extending the western boundary of that State to the Mississippi River, reserving, however, for the use of the Cherokees as a hunting ground a tract comprised between the point where the Tennessee River first crosses the southern boundary of the State and the head waters of Big Pigeon River.40
Treaty and purchase of 1783.—On the 31st of May of this same year, by a treaty concluded at Augusta, Ga., the Cherokee delegates present (together with a few Creeks, who, on the 1st of November succeeding, agreed to the cession) assumed to cede to that State the respective claims of those two nations to the country lying on the west side of the Tugaloo River, extending to and including the Upper Oconee River region.41 With the provisions of this treaty no large or representative portion of either nation was satisfied, and in connection with the remarkable territorial assertions of the State of North Carolina, together with the constant encroachments of white settlers beyond the Indian boundary line, a spirit of restless discontent and fear was nourished among the Indians that resulted in many acts of ferocious hostility.
Treaties with the State of Franklin.—In 1784, in consequence of the cession by North Carolina to the United States of all her claims to lands west of the mountains (which cession was not, however, accepted by the United States within the two years prescribed by the act) the citizens within the limits of the present State of Tennessee elected delegates to a convention, which formed a State organization under the name of the State of Franklin and which maintained a somewhat precarious political existence for about four years. During this interval the authorities of the so-called State negotiated two treaties with the Cherokee Nation, the first one being entered into near the mouth of Dumplin Creek, on the north bank of French Broad River, May 31, 1785.42 This treaty established the ridge dividing the waters of Little River from those of the Tennessee as the dividing line between the possessions of the whites and Indians, the latter ceding all claim to lands south of the French Broad and Holston, lying east of that ridge. The second treaty or conference was held at Chote Ford and Coytoy, July 31 to August 3, 1786. The Franklin Commissioners at this conference modestly remarked, "We only claim the island in Tennessee at the mouth of Holston and from the head of the island to the dividing ridge between the Holston River, Little River, and Tennessee to the Blue Ridge, and the lands North Carolina sold us on the north side of Tennessee." They urged this claim under threat of extirpating the Cherokees as the penalty of refusal.43
Treaty Relations with the United States
This general history of the Cherokee Nation and the treaty relations that had existed with the colonial authorities from the period of their first official contact with each other is given as preliminary to the consideration of the history and provisions of the first treaty negotiated between commissioners on the part of the United States and the said Cherokee Nation, viz, the treaty concluded at Hopewell, on the Keowee River, November 28, 1785, an abstract of the provisions of which is hereinbefore given.44
The conclusion of this treaty marked the beginning of a new era in the relations between the whites and Cherokees. The boundaries then fixed were the most favorable it was possible to obtain from the latter without regard to previous purchases and pretended purchases made by private individuals and others. Although the Indians yielded an extensive territory to the United States,45 yet, on the other hand, the latter conceded to the Cherokees a considerable extent of territory that had already been purchased from them by private individuals or associations, though by methods of more than doubtful legality.
The contentions between the border settlers of Virginia, North Carolina, South Carolina, and Georgia, as well as of the authorities of those States, with the Cherokees and Creeks, concerning boundaries and the constantly recurring mutual depredations and assaults upon each other's lives and property, prompted Congress, though still deriving its powers from the Articles of Confederation, to the active exercise of its treaty-making functions. It was, therefore, determined46 to appoint commissioners who should be empowered under their instructions, subject, of course, to ratification by Congress, to negotiate a treaty with the Cherokees, at which the boundaries of the lands claimed by them should be as accurately ascertained