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420
Tin* following, publiflie-d in a pamphlet, wai
obligingly h.mded the Editors,by a gentleman
immediately from Philadelphia.
The REMONSTRANCE and PE
TITION of the LEGISLATURE
of the State of TE NNt s5 E it, to the
Senate of the United States.
ift. THEY remonstrate against the
extension of the boundary between the
United States and the Cherokee Indi
ans by Benjamin Hawkins, Andrew
Pickens, and James Winchester, Com
miflicners on the part of the United
States, from the River Clinch to Chi
howee mountain, as nor being in confor
mity to the treaty of Hollton, but in
error, as appears by the report of John
M‘Clel!an, Patrick Sharkey, and James
Gillcfpy, of the 14th inlianr, a copy of
which is hereunto annexed, whereby ma
ny families have been compelled to leave
their houfe* and homes, who, had the
said line Men extended agreeably to
treaty, wmid have been secure in their
houses aud property.
2d. They remonstrate again!! the pro
clamation of Thomas Butler, Lieut. Col.
Commanding the troops of the United
States in the Hare of Tenne'flee, of the
19th of August, a copy of which is here
unto annexed, and is referred to, requir
ing all persons fettled upon the Chero
kee lands (according to the extension of
the boundary line by the said Commis
sioners) to remove therefrom by the 25th
Ocio. under pretext of the re-eitablifh
ment of tranquility upon the frontiers,
whereas, previous to that proclamation,
perfect peace and tranquility had been
restored and continued upon the frontiers
upwards of two years ; and whereas the
-Cherokee Indians did not require such
removal, as appears by the Governor's
n.ullage to the General Aifembly of the
28th instant, a copy of which is hereunto
annexed and rclcrrcd to.
3d. That the proclamation above al
ln led to, regard iefs of the feelings of hu
manity, required all persons fettled upon
the India fs lauds, in number irom 2500
to 3000 men, women and children to re
move from the fame at an unusual ihort
notice and at an inclement season of the
year, a time lei's tha 1 has been allowed
under ti.nilar circumstances, by ail civil
ized nations within this century, for the
performance of such an operation, great
ly to the injury and oppreliion of the said
citizens and settlers.
4th. ‘That tne objefts of Col. But
ler’s proclamation were generally per
sons lcttlcd upon lands u.ider titles fair
ly derived from the Hate of North-Ca
rolina, or upon titles of occupancy,fitnc
tioned by the said Hate, which can be ful
ly explained ty the Senators and Re
preientatives of this State in Congrcfs.
5:• hly. The declaration of Col. But
ler, in his letter to James Stuart, Esq.
Speaker of the House of Reprefentatiyes
of the 27 th ult. “ that the navigation of
the Holfton is not provided for by trea
ty.” See the third and fourth refoiu
tions of our body ol the 19th inst. here
unto annexed.
6thly. The ailumption of right over
the ferry across Clinch by Mr. Haw
kins, on the part of the Chcrokees, and
the polling by Col. Butler of a military
guard to prevent persons travelling from
Waihington to Mero diftrift, to pals a
fordol that River, two miles above the
said ferry. Sec aifothe laid resolutions,
and a llatement ot fails refpccling Mr.
Hawkins’s conduct touching that ferry,
and Mr. Butler’s touching tne laid ford,
hereunto annexed.
This legiflatqrc deeply imprelfed with
a sense of the grievances as before Hated,
cannot fufFer thenafelves to doubt but
that they will be taken into immediate
confide ration, and redress granted.
Done in General Aflcmbly, by unani
mous vote, at Knoxville, October 28,
1 797*
J AMES STU ART, Speaker
of the Houje of Representatives.
JAMES WHITE,
Speaker of the Senate.
AtteH. T. H. Williams, c.h.r.
G. Roulftone, c. s.
Statement offals ref petting the ferry and
ford across the river Clinch.
FOUR years previous to the arrival
of Mr. Hawkins, and Lieut. Col. But
ler if. the Hate, which was in the course
ol lafi summer, a road had been opened
from Valhington to Mero dill rid, pas
sing C inch rivernear the mouch thereof,
igreeaUy to the treaty of HolHon,and a
lerrv etablifhed across the said river,
where * interfered the said road,which
* as kept by a citizen of Tenncilce, for
his own benefit and emolument. Upon
*| c a j uva l ol Mr. Hawkins, he alfum
£-15* oTver 0 T v er the said ferry for the
that it w u P on ground
India lS and that the
Indu, ls „ wned lhe Undj „„ bjth sides
•“'!* r,v (ndm,htt,„<fii, 2 the said
road w as amh ifcl by tnat) * anJ rem
l , out t, 0 .J ame * Kichardfun at or a
n th/? d t°r ar * pcr annum 5 Whcreup
rhc demanded and
Columbian JEufeum, &c.
received one fourth of a dollar for the
ferriage of a man and horfc, and for
other lcrvices in proportion; whereas,
considering the great number of horse
men, waggons, and Hock that daily pass
it, and the perfed lecurity afforded to
that ferry by the Hate of peace with the
Indians and theftrong garrifonat South
WcH Point (within halfa mile of it) one
eight of a dollar for such a service is an
extravagant price.
Observe how far the principle will ex
tend. If the Indians, or their agent,
Mr. Hawkins, in whom the people have
less confidence than in the Indians them
selves, have a right to demand a price
for ferriage, they may demand such a
price as will amount to a prohibition of
the use of the said road, altho’ secured
•by treaty.
Travellers finding themselves thus
imposed upon, determined to resort to a
ford, two miles above, to which, upon
the south fide, they could approach upon
lands to which the Indian claim is ex
tinguilhed, and might proceed half way
across the River, the Indian claim being
that far also extinguilhed; but upon
their attempting to pals, they were op
posed by a military guard, pofied by
Col. Butler upon the north bank, or In
dian fide, and compelled with insolence,
at the point of the bayonet to return and
cross the ferry, at such prices, with the
waggons, Hock, Sec. as Mr. Hawkins
had been plea fed to impose. The injury
the Indians would receive by travellers
being permitted to pass at this ford,
would be neither more nor IclV than the
loft of the Hi rubs, grass, and herbage, the
width of a road'for two miles, the dif
tanec from the ford to the road which
pailes at the before deferibed ferry.
It is to be observed, that the legifla
turc have not understood, that the In
dians are opposed to the crofling at this
ford, nor to the use of a road for the two
miles; but on the contrary, there is rea
son to beiieve they w r ould have no objec
tion to either.
It would be well for the officers who
impose such trivial rcltridions as refpeds
the Indians, and important as it refpeds
the citizens of this country to recollect
that the Indians yearly and daily hunt
upon millions of acres of land to which
their claim has been for years extinguilh
ed, unmoleftfed by the white people, and
for them to contemplate whether such
reftridions will not produce, if not com
pelled, a retaliation; we mean the tak
ing the hair cf fome innocent hunters,
upon those lands; and if such retaliation
lhoald take place, will not the authors
of these ill-judged and injudicious re
ftridions be thereby the authors of the
war which will certainly be the conse
quence.
These fads have been collcded from
the bed information that could be had,
and to this legislature appear to be true.
T 0 the settlers within the Cherokee boun
dary, as eftabljhed by the trea'y of
Holfton , on the fecund day of July one
thousand jeven hundred and ninety-one.
Fellow Citizens,
IT having become absolutely necclfa
ry to the re-eHablilbmcnt of tranquility
on the frontiers ; to the preservation ol
the peace with the Indians; to the per
formance of our treaties and engage
ment* with them, and to the due execu
tion ol the laws, that all persons having
intruded upon the Cherokee lands,fiiouid
be removed.
1 am commanded by the President of
the United States to make this necessity
known to you, and, to require and en
join upon you to remove from the fame.
I am also direded to observe, that Ihould
any of you have fettled within the Che
rokee boundary, under a title or grant,
acquired from the Hate of North Caro
lina, that your titles will neither be pre
judiced, nor impaired by removal,
but will be available according to their
force, whenever the Indian right to the
ame (hail be extinguilhed by treaty.
Previous to which every attempt to oc
cupy these lands under colour of grants,
or otherwise, will be a violation of law,
and mull be refiHcd.
I am further to inform you, that un
der the preemption that the settlements
in question have originated in a mistaken
opinion, or from the mifinformation of
designing men, refpeding the nature of
your rights, there will, in consequence
beallowed toall settlers on the Cherokee
lands that hate crops growing, from the
date hereof to the twenty-ifth day of
Odober 1797, to retire from the fame,
with their cattle and effeds. I have it
in command besides, to march to your
neighborhood to fee that this admonito
ry i%ricc is complied with, and to ren
der all the well disposed every affiftancc
in my power to facilitate their removal.
Given at the Head-Quarters of the
fourth Regiment, this 19th day of
Augufl, one thousand seven hun
red and ninety-seven.
Thomas Butler, lieut. col.
commanding the troops of the United
States, in the state of Tcnndfce,
State of Tennessee. — By order
of the Legislature.
REPORT
Os the ComnvJJioners appointed to trace the
line lately defignatTd by the Commifjion
ers of the United States, &c.
Mr. Speaker & Gentlemen of the Senate,
AND
Mr. Speaker ad Gentlemen of the
House of Reprefcntatives.
IN obedience to your resolution of
the fifth instant, we have traced the line
designated by James Winchester , Andrew
Pickens , and Benjamin Hawkins , com
missioners on the part of the United
States, for afeertaining the line agreea
ble to the treaty of Holfton, from the
river Clinch to Chilhowee mountain—
thefe commissioners commenced that line
about a mile above the mouth of Clinch,
upon the bank thereof, and extend it
south seventy-eight degrees east, nine
teen miles and five poles ; then struck
the river Holfton five miles and three
quarters, according to the meanders from
its junction with the Tennellee; and
after eroding the Holfton continued the
fame course until they completed the
distance of twenty-four miles, two hun
dred and eight poles fron the begin
ning; thence south twelve degrees well,
two hundred and forty poles ; thence
south seventy-six degrees east, to Chil
howee mountain, diltance ten miles from
the point formed by the termination of
the line, south twelve degrees weft, two
hundred and forty poles, as above de
feribed they extended a line until it in
terfered the line they had previously
run from Clinch to Holfton, as also a
bove deferibed, which interfedion was
ten miles and three quarters from the
beginning upon Clinch, and marked it
in the fame manner as they marked the
other line. We prelent you herewith,
an accurate draught of the above desig
nated lines, this line does not cross the
river Holfton at the ridge dividing the
waters of Tennellee from those of Lit
tle River, nor touch it in any part of
its extension, nor is it a straight line,
both of which the treaty of Holfton re
quires ; conjequently, we REPORT,
this line not to be run agreeable to the
said treaty. The time we have employ
ed in the execution of this duty lias not
permitted us to afeertain, with precision,
where the line ought to pass the Hol-
Hon agreeably to said treaty, but from a
very perfed knowledge of the country,
its water courses and leading ridges, we
hefitare not to fay, that it MUST pals
the Hollton very near its junction with
the Tenneflec ; and thus palling the
Holfton would relieve a great many ol
the unfortunate settlers, men, women
and children, who are now in a few days,
by the extension of an erroneous line, to
be turned out of house and home by mi
litary force, troops of the United States,
and compelled to feck for Ihelter in the
approaching inclemen t season of the year.
—Nor have vve been able to afeertain,
with positive certainty the number of
families who were fettled on the Indian
fide of the said line, prior to the ad of
celfion of North Carolina ; but from
the bell information that we have col
leded, there appears to have been lixty
eight, and at present there are about
three times that number.
WE deem it proper to REPORT to
your honorable body, that we have seen
a copy of the introductory letter writ
ten by Benjamin Hawkins in favor of
Col. David Craig, to the secretary of
war, without date, but captioned cove
•camp, 36 miles from Clinch, on the
line, in which is the following paragraph
—“ The three commissioners were u
nanimous in fixing the present boundary
line, and all the citizens who have visit
ed us concur in the justness of the deci
fion.”—And to alfert to you, that the
relult of our enquiries upon that head
is, that no citizen whatever, unconnec
ted with office, does concur in the just
ness of their decision. In other words,
Mr. Hawkins has given the secretary of
war official information, which is not
true.—We have thought it our duty to
be thus particular refpccling Mr. Haw
kins, left his information fhouldbccon
fidered by the secretary of war as cor
reCl, and the obj efts of it be thereby
much injured.
We have the honor, gentlemen,
To be your moll obedient servants,
JOHN M‘CLELLAN,
PAT. SHARKEY,
JAMES GILLESPY.
Odlober 14, 1797.
STATE of TEiNNji,;>SE£, \
Knox County. j
October 14, 1797.
THIS day personally appeared John
M‘Cleilan, Patrick Sharkey , and James
Gfllejpy, before me James White t a jus
tice ot the peace for said county, and
made oath, that the within statement is
just and true, to the best of their know
ledge and belief.
Sworn to and fubferibed before me, the
day and year above written.
JOHN MCCLELLAN,
- PAT. SHARKEY,
JAMES GILLESPY.
JAMfiS WHITE, J, P, ‘
In the Hotf/e of ReprefentativeSy Ofio
her ig, 1707.
RESOLVED, That it appear. u
thts general aflembly by the report of
thetr commissioners, John M‘Clellan
1 atnek Sharkey, and James Gillelpv
appointed to examine the line lately rua
and marked from the river Clinch t*
ymlhowee mountain, by Andrew Pick
ins, James Winchester and Benjamia
Hawkins, commissioners on the part of
the United States, that the laid line it
not extended agreeably to the treaty of
Hollton inasmuch as it is not a straight
line : and inasmuch as it does not crofV
the river Holftonat the ridge dividing
the waters of Tennessee from those of
Little River, nor touch the Laid
any place of its ex ten lion. *
2. Rfohed That this general aflem-
b *y W 1“ conlider the removing, by m i.
litary torce, any citizen or citizens who
, arc now fettled south of the said line ic
not being extended agreeable to treaty
but in error, as an ad of violent oppref*
non, and an undue exercise of the mili
tary over the civil authority.
3. Refolded) That the free and un
moleftcd ule of a roau from Walhingtoa
to Mero dill rid, and of the navigation
of the river Tennessee, as secured to the
citizens and inhabitants of the United
States, by the fifth article of the treaty
of Holfton ; aifo secures to the said
citizens and inhabitants, all the rights
neceflary to carry the said article into
complete eiFed for their benefit.
4* Rejoined therefore , That any mea
gre or measures taken by the officers of
the federal government to flop or impede
any person or persons from palling down
the waters, leading into the Tenefiee
river, or to take pcffeflion of any ferry
or ferries, upon any river or rivers
which interfed the. said road, for the
benefit of the Indians or of the United
States, is an infradion of the said treaty
by the said United States, to the inju
ry of fueh persons as may be flopped or
impeded in their paflagedown the river
ieading into the Tennessee, or as may
be fubjeded to a toll at any ferry for
the benefit of the Indians or the United
States.
5. Refolded, That a copy of the re
port of the commissioners, M'Clcllan,
Sharkey, and Gillefpy, and of these re
solutions be immediately forwarded to
the governor, with a request that he
will, without delay,lay the fame before
the commanding officer of the troops of
the United States in the state of Ten
nefl'ece.
JAMES STUART, S.H.R.
Atfeft
THO. H. WILLIAMS, C. H. R.
In Senate , Qttober 19, 1797.
RESOLVED, That thishouie con
cur with the foregoing reflations.
JAMES WHITE, t. *
By order
G. ROULSTONE, c. s.
Knoxville, Odober 20, 1797.
The Speaker of the Senate , and of the
House of Reprefentati*vet .
AT this important crisis, when great
numbers of our fellow-citizens are in a
few days to be compelled, by the Uni
ted States, to leave their farms, their
homes, and property, under the pretext
that the Cherokee Indians require fuck
removal immediately, I conceive it my
duty to lay before you a mrjfage or talk ,
delivered to me by Arthur Coodj , a
principal man of that nation, and one of
the interpreters of the United States, a
few days past, from a number of the mod
influential chiefs ; it was in substance as
follows : u Let the people know, who
“ appear to be upon our lands by the
“ extension of the line, that we do not
“ wish them to remove, and that we are
<( willing they shall remain until were
(t turn from hunting, and we will then
“ talk further on the fubjed.”
It is probable they will return from
hunting about chriftmas.
Your obedient servant,
JOHN SEVIER.
For New-Providcnce,
THE SCHOONER^
Hr ? WILL fail o the 1 Oth in-
A&id M Kffant, has accommodations
far 2or 3 paffenger* for
teJCH icrms apply to the Capta;a
on uoard, lying at the Fort.
February 6. n '9°’
FOR - SALE,
Or •will be Chartered to the Wejh-htdits^.
MINERVA,
1 a8 ton* burthen, not : t
months old, and completc
ly ready for the receptm*
J&SI&Sm of a cargo. For term* ap
ply to the Captain on board, or to^
Hunter, Prefstman Cos.
February 1. n 9T-^
Blanks of all kinds
No. 98.