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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.