Appalachian Summit
16. White Seats of Justice
Following the destruction of the Cherokee towns and crops in the summer and fall of 1776, the Lower Towns concluded a treaty with South Carolina at De Witts Corner on May 20, 1777, at which the Cherokee gave up all their remaining territory in South Carolina except for a narrow strip along the western border. Two months later the Overhill Towns met with representatives from Virginia and North Carolina. [1]
Proceedings At A Treaty With The Overhill Cherokee Indians Held At Fort Patrick Henry Near The Long Island On Holston River In June And July 1777
Patrick Henry –
To the Commissioners appointed on behalf of the Commonwealth of Virginia to Treat with the Cherokee Indians on the 26th inst. June,
Gentlemen:
I have sent by Express to the Govr. of North Carolina notifying him of the time proposed for the next meeting and desiring him to send Commissioners to act on behalf of that State. . . .
I have sent orders for Mr. Maddison and Mr. Shelby to supply you with what provisions you may want for the Indians which you are to supply them with as you think their necessity may require in order that they or their wives and children may not suffer for want of Bread. The goods, ammunition, Salt, whiskey and Tobacco which I expect will be laid in you are to distribute as you may think best to give the Indians satisfaction.
At a Treaty held at this place last April the Commissioners sent a Talk by Col. Gist to the Dragging Canoe who returned Col. Gist the following answer.
Brother
Tho’ your messenger is not come to me yet I have heard your Talks and hold them fast as long as I live, for they have opened my Eyes and made me see clear, that Cameron and Stewart have been telling me lies, when we had any Talks with the Virginians he was always with us, and told us that all the Virginians wanted was to get our Land and kill us, and that he had often told us we would not hear him till the Virginians would come and kill us all. Now Brother I plainly see that he made me quarrel with the greatest friends that we ever had, who took pity on us even in the greatest distress, when my old men, women and children is perrishing for something to live on, this makes it more plain to me that he cared not how many of us were killed on both sides so that we were dead, killed in Battle, or perrished with hunger, any way so we were dead.
Test Geo: Hart June 8th 1777.
The anniversary of the Declaration of Independence was observed. The Soldiers belonging to the Garrison were paraded and fired two rounds, each in six platoons and for the 13th one general voley. The Great Guns were also fired.
The Indian Chiefs were acquainted with the festivity in the following speech, and had a present of whiskey delivered to them at the same time.
Brothers.
Just one Year ago the 13 United States declared themselves free and Independent. And that they would no longer be in subjection and Slavery to the King of Great Britain. The Americans have now for one year since their freedom fought against their Enemies that came in the Ships over the Great water, and have beat them in many Battles, and killed some thousands of them and taken many prisoners and the Great Being above hath made them verry prosperous. We hope therefore that this day every year hereafter will be a day of rejoicing and Gladness.
Brothers, as this is a day of general rejoicing throughout the 13 United Countries from Canada to Floridas we hope our Brothers the Cherokees will now rejoice and be merry with us.
The Young Warriors then closed the entertainment with a Dance.
From this time till the 10th sundry Chiefs with small parties came in. On that day the old Tassell came in and spoke to the Commissioners as follows.
Old Tassell -
My Brothers may be certain I will tell them the truth.
It was but the other day we were talking together when we promised we would tell all we knew to each other. I will now tell all that I know about the Norward Indians that lately came to Chote, as their talk was to me. . . . I met them at Chote and spoke to them as follows.
Brothers, I am Glad to see you once more; we have been at war and making Peace several years. Last year you came here and told me lies from your council, which did me and my people great hurt. But I now make you welcome; but your stay must be short. . . . You are come now contrary to my expectation. Some of your people came here last year and told lies, and set me and my people at war with a people I never intended to be at War with; and it looked as if my Nation were but like one House against them. . . . I find the days are dark between you and the white People; but that shall not spoil my good Talks. You may kill a great many of them, even four, five, or six thousand and as many more will come in their place. But the red man can not destroy them. Your lies made me have the short trouble I had, but I am now carrying on good Talks and all you can say shall not prevent them. And I hope that you soon will be doing the same, as our elder Brothers are verry merciful to our women and children.
in the morning the Commissioners from North Carolina were informed by letter that a number of people on Nonachuchkie & Watauga appeared to have Hostile intentions against the Indians on the Island, In consequence of which Messrs. Avery and Winston rode out in order to suppress all such outrages.
William Christian Commissioners for Virginia
William Preston
Waighstill Avery Commissioners for North Carolina
William Sharp
Robert Lanier &
Joseph Winston
Col. Nathaniel Gist on business from General Washington
Oconostoto & of Chote
the Raven
Ata kulla kulla
Big White owl Y of Notchy Creek
Pidgeon
The old Tassel of Toquse
Willanawaw
To tac ha ch
Pot Clay & of Chilowey
Abram
Utasch or norward Warrior of Tebliocho and
Creek killer a new Town at its mouth
Chestnut
Raven
Mankiller of Highwasaw
Queluca
Tarapine
Sunnuah of the Island Town &
Skiyuca Cetico
Shia tu ka
In, he, ke, hiyah of Tuskeega
An nu Chah
Cuow, we, hah a messenger from the valley settlements
to hear what should be done
Joseph Vann and Charles Murphey Interpreters.
Major Daniel Smith Clerk
Col. Christian opened the conference with the following speech.
Friends and Brethren, Beloved man and Chiefs of the warlike Nation of the Cherokees
We your Brothers of Virginia flatter ourselves that the treatment that your beloved man and his Warriors and friends met with from our Governor, and on their long journey to and from Wmsburgh has given them the greatest satisfaction; and we hope that you are pleased that we have led them by the hand in safety to this place, and that we have delivered them into the bosom of their friends without any violence or insult being offered them during the more than sixty days they were under our immediate care. We on our part are pleased that our common friend Colo. Gist and the young Gentleman who went with him into your Country were returned safe to their friends and that they were well treated while they were there. This mutual confidence will convince our common enemies that the white people and the Cherokees are one people fastened together by the strongest bands of friendship and interest.
Brethren, we have taken every method in our power to supply you, and we have it in command from our Governor to assure you, that as soon as our trade which has been greatly interrupted by the war with England is on a better footing you may expect a farther and more ample supply of goods.
We have also endeavored to relieve the distress of your people by a timely supply of provisions, salt, powder, lead and other necessities in a larger and fuller manner than we have done our own frontier people who were suffers by the war. This war and these distresses you were unhappily involved in by the advice of the Norward Indians and bad men among yourselves, who persuaded your young men to begin a war contrary to the advice of your old wise beloved men and warriors whose hearts were good toward the white people. . . .
Brothers
We are now met in full council to build up that peace and make it strong and lasting; so strong that our greatest enemies cannot break it, and so lasting that our children yet unborn may mutually enjoy the blessings and benefits of it. . . . In order to bring about this happy event we once more invite you to open your whole hearts, let all your complaints and grievances be known without reserve and hide nothing from us, and we will do the same with you. As this is the surest method to heal all differences that have subsisted or do subsist amongst us. . . .
We are verry sorry that Judge friend, the Dragging Canoe, the lying Fish and young Tassel are not come to the Treaty as we expected they might have been of use in your Council; but as you assure us there are warriors here to represent all your Towns and that you are fully authorized by your people to confirm the peace, we shall go on with that important business. In confirmation that our hearts are good toward the Cherokees and that what we have said is truth we give you this string of wampum.
Mr Avery delivered the following speech.
Friends and Brethren beloved man and Chiefs of the warlike Nation of the Cherokees.
We your Brothers of North Carolina are appointed by the Governor and council of that country to meet you at this place to hear your talks and if your talks and hearts are good toward the white people, we have power to join with our Brothers of Virginia to make a firm and lasting peace with you for the benefit of your people and our people. . . .
It was in your hearts to last year make a war with us, but we are now glad to hear that you want to make peace. Your nation begun the war and made the path dark towards three countries (Virginia No. Carolina and South Carolina) You made the path dark and bloody. The warriors of these three countries have now traveled in the path you made dark and bloody, but we are glad to hear that your Nation and South Carolina have washed the blood out of the path and that your Nation and the Virginians are now washing the path bright and clear between your two countries.
If your hearts are good we are willing that the paths every where between your country and North Carolina should be made light and clear also. . . .
as you struck first and made the path dark, it is necessary that you should begin to clear it up. We desire you to open your hearts and freely make known to us and our brothers from Virginia all your complaints and grievances, and we will listen and hear and will endeavor to redress them and so do you Justice.
To convince you that our hearts are good and that we are willing to make peace with you, we give you this string of wampum.
July 15th
Oconostoto informed the Commissioners that the old Tassel and old Raven were the chief speakers for him and the whole Nation that to them he had resigned his power on account of his age, but if they should ever speak contrary to his sentiments he would put them right.
The old Raven then rose and spoke as follows.
Now my elder Brothers shall hear what I have to say. I brought all the young Warriors and many people belonging to my Nation to hear this good talk. . . . Yesterday you spoke to me that I should particularly open all my grievances, by which I understood you were taking pity on me, for which I am very thankful, and as both your talks are good alike, you shall hear them. You said that you had my beloved man here some days, and that you waited patiently untill the rest of us come passing the time away by seeing both of our young folks dancing and playing together. Now I have come myself and return you my thanks for the kind treatment given to my beloved man.. . . you desired me to open my heart and make known my grievances; I should have been glad if they had reached your ears long ago, but I believe you will do me justice, for which I shall be verry thankful. I believe that long before my remembrance this land was first found out, the time you know as you have writings; but I do not know when the first settlements were made on these waters; but I believe they were before my remembrance, by the time these meddles were given to us; (shewing a meddle) ever since these have been among us we have been more and more distressed; my grievances have been for several years. The beloved man which I had in my land some time ago used to give us talks which I thought were verry good, but I believe now they were bad and never went to you or your beloved men. We were kept in blindness by him and no grieveances redressed which he frequently promised should be done. He told us that when we found any of your people on our land to take their guns, Horses and everything they had and said if we killed them no harm would come of it, which advise I followed and it had like to have been my ruin. But I find now that my elder Brothers know my poverty you are the beloved men, I ought to have applied to you before I see you take pity on me; you drive me to open my heart, I'll hide nothing from you, which when I've done I'll leave you to consider on.
A string
The Great beloved man of Virginia spoke to mine who went to see him and said "Now my friend & Brother I take you by the hand here is my friend who will lead you to the rest of your people; there the people of North Carolina will meet you likewise, and fix a hard and lasting Boundary between you and their countries for I find you have been much wronged" I hope this Boundary will be made so that it may not be crossed without consent being first had.
A string
Colo. Christian in behalf of the Commissioners then spoke as follows.
Brethren, Our Governors the beloved men of Virginia and North Carolina have given us their Commissioners full power and authority to settle a peace and fix a boundary line between the Overhill Cherokees (as the middle and lower settlements are not represented here) and their own countries . . . that everything in our power may now be done and finished, to make the peace firm and the boundary lasting and that every obstacle thereto may be removed and thrown out of the way.
We would now desire to be informed what people they were that have settled on your lands by who you have been injured and at what time, that it may be in our power to give you an answer which we shall do tomorrow morning at which time we shall propose a boundary.
July 15th in the evening, Present as before.
The Raven then spoke as follows,
We have been trespassed upon by bodies of people on our hunting grounds. The Great beloved man desired that the boundary line should be run between us and the white people, and said that Colo Shelby lived near the line and was to see that each party kept to their side of the line. Here is the Long Island where we are talking the peace talks and where we have the white seats of justice, and the beloved fire; let this place never be removed but kept for Justice, and the peace talks; let these seats and this fire always remain fast here on this particular spot of ground. If you fix upon a boundary line and have it run I dont want your people to have grain in the ground to remove until their grain is ripe; let their grain first be ripe and then remove.
The proposal that I shall make to North Carolina shall be that the line where it struck the River above Colo Shelbys shall run from thence a South course. The Nonachuckey people have extended much down that River and on several Creeks.
They are the people we want moved off, and some about the mouth of Watauga. There is Chilhowey and Cetico that have their Hunting grounds chiefly up Nonachuckey that is the course they hunt and never down the River. If I can carry home the news that these people are to be removed, they will be very thankful.
Mr Avery then interrogated them as follows. We take notice that the Indians complain of encroachments on Watauga & Nonachucky, do you complain of all Watauga?
(The Raven) We complain only of the lower part as high up as Colo. Carters and Nonachuckie.
Mr Avery) do you complain of all Nonachuckie?
Raven) We complain of about and below Browns and Tuskega old Towns.
Mr Avery) did not the white people settle there by your consent?
Raven) They did, but fear only made us agree to it and we expected redress again, but the white people instead of stopping where they were; encroached still farther and farther. . . .
Mr Avery) did you not afterwards agree to sell those lands and receive pay for them?
Oconostoto) I told the Watauga & Nonachuckie people that I would send talks to my Father over the water (it was then good times) I told these people that if he agreed to it, then they must stay, but that his consent must be had. They gave us guns, but as they made a great deal of grain and raised stock and destroying our hunting, I told them that we could not take pay for the lands but rent only.
July 16th Present as Yesterday
Colo Christian spoke as follows.
Friends and Brethren.
We your Brothers of Virginia could readily give you reasons why the lands on this River were settled by white people, and shew that the good old King over the waters granted these lands to us who were his subjects, and give us great encouragement from time to time to settle ourselves and families thereon, we could also shew you that this present King who has endeavored to enslave his people, could find no other way to break these Grants than by ordering his servants Stewart and Cameron to tell you that the white people had settled these lands without his consent, and to desire you to drive them off and kill them, this was one reason why you went to war, by which you have been so much the suffers.
But to convince you more and more that we want to do you the strictest justice as well as our own people who settled this River under the authority we have just mentioned; we only desire to take in on our side the line those who have actually settled on this River and planted corn last year; and to go so low on the River as to take in these settlements and to run a straight line from the River to a point two or three miles below Cumberland gap, that our roads to the settlements on the Kentuckie (a country we long ago bought from the Noward Indians) may be open and that our people may travel to and from that country unmolested, and without doing you any damage. This boundary will fully satisfy your elder Brother of Virginia; it is all that he desired us to ask and but a verry little more than you yourselves offered last night. . . . By abiding to this line a final end will be put to all our differences and the Cherokees & Virginia be lasting friends.
A double string
The warriors then withdrew for a short time to consult each other and after returning the old Raven spoke as follows.
Friends and Brothers.
I am going to speak to you because it is a general talk. Yesterday you heard all the sentiments of my heart. I left you last night to consider what I said to you. You desired me to consider a proper Boundary; and now you propose another to go a little farther than I mentioned. . . . My people have many minds about it and I cannot readily agree that the line you propose shall be established. . . . I hope nothing will be carried to the Governor of Virginia but whats agreeable to him; altho I cant agree to the demand that is made. . . . What I desire is that you should reconsider the matter and I will consult my people likewise.
returned the String
Mr. Avery then spoke as follows.
Beloved man and chief of the Cherokee Nation. Brothers you have complained to us that the people of North Carolina have encroached on your lands. Now listen and hear what your Brothers of North Carolina have to say.
Many years ago the Governor of North Carolina, who you called the Big Wolf, Governor Tryon, agreed with your Nation, and fixed a line between you and our people. . . . When our Governor and Council heard of the settlements on Watauga being made without their consent, and that you had made bargains with those people about lands without consulting them, they were not pleased with those people or with you: that you should make bargains to place inhabitants, between your Country and our Country without their consent. However in time of peace these inhabitants were not driven away or removed off. . . . You did not complain to the Govr. and council to have them removed. When you began the late War you broke over the line between your Nation and our people agreed upon and fixed by Big Wolf, and you killed our people on the head water of the Catawba & broad river. And after you had broke over the line and made the path dark and bloody between our two Countries we traveled in the path of War to your Country. Our Governor and Council sent out an Army against your Nation. And at the same time, by the desire of the settlers on the waters of Watauga & Nolachucky, took them under the protection of the State, and supplied them with money, ammunition & salt &c. . . .You have requested that those people should be removed quite away; and the power of North Carolina is great enough to remove them; and it would be more agreeable to our Governor and Council for them to stay. . . . We are now about to fix a line that is to remain through all generations, and be kept by our Childrens children. . . . We desire to know your opinion whether you think it would be just to remove inhabitants of Watauga & Nolachuckey; or whether you do not think it would be better for both Nations for your beloved man & chiefs to fix a boundary, below our inhabitants, . . .
A String
To which old Tassell replied.
I look upon it the line you ask is much too nigh to my Nation it takes in all your settlers on Nolachuckey River, which are themselves too nigh; but this shall not spoil our good talks. I want liberty to raise my children and have an open Country. I speak freely because I have a right to speak in my own behalf. This line I cannot agree to, as it is too near my nation; nearer I believe than you think for. For I look upon it you would not make an unreasonable demand. I am verry thankful for the many good talks between us for the safety and security of my people; but did not expect you would talk of boundaries so near my Towns.
17th July Present as on the 15th.
The old Tassell spoke as follows.
Now the beloved men of North Carolina shall hear my reply to what they said to me last night. The talks you gave me came from the Governor to make a path from your Country to mine and was very good till you came to talk of the boundary line. My beloved man and the beloved man of Virginia have taken hold of each other fast high up the arm.
It may be the same by my brothers of North Carolina. But by their asking so much land it seems as if they want to see what we would say, that we might refuse something, and they might catch us in a trap for an excuse. I left people both at home and in the woods far beyond there, who are waiting and listening to hear what I do. As you are talking of much land I dont know how they would like that part of your proposal.
. . . my elder Brothers have imposed much on me in the land way. If this and another house were packed full of goods they would not make satisfaction. It seems misterious to me why you should ask so much land so near me. I am sensible that if we give up these lands they will bring you more a great deal than hundreds of pounds. It spoils our hunting ground; but always remains good to you to raise families and stock on, when the goods we receive of you are rotten and gone to nothing.
Your stocks are tame and marked; but we dont know ours they are wild. Hunting is our principle way of living. . . . you require a thing I cannot do, for which I return you the string of Beads to consider upon again.
returned the String
July 18th Present as on the 15th
Colo. Christian spoke as follows.
Friends & Brethren,
Our business at this place was to make peace with our ancient allies the Cherokees; . . . to fix a boundary between you and your brothers of Virginia that may stand firm & unbroken thr'o ages yet to come. . . . Brethren consider that the difference between this line, and that run by Colo. Donelson, by consent of your Nation; and you will find that it is not so great as you imagined. You are sensible that if we had a desire or wanted your land, we should have left an army in your Country and not have invited you to treat with us. . . . we propose to give you two hundred head of breeding Cows and one hundred head of Sheep for it, by the fall to be delivered at this place when the line is run, at which we desire some of your Warriors to be present that your people may have stocks of their own. This stock we give as a compensation for the land that falls within our state when the boundary line between Virginia and North Carolina is run, which may be of great use in cloathing and supporting your people.
A double string
The Commissioners then withdrew, and left the Indians alone to consult, after a short time being met again, the Raven spoke as follows.
Now my elder Brothers shall hear what I have to say which is the certain truth without wavering. You and me have each other fast by the hand and we will forever keep our hold; altho some differences may arise in our opinion, while we are talking the friendly talks together. The bright chain of friendship is laid aside till we can settle the bounds of our Countries. . . . My elder Brothers desired me to mention a boundary, and after that you proposed another. But I tell you now we will begin our line at the mouth of big Creek just below Robinsons fort, and run thence a straight line three miles to the left of Cumberland Gap.
A String
Colo. Christian then spoke as follows.
th'o from the mouth of the Creek you mentioned, to that we proposed, the line to begin at, is but a verry little way, it will leave out near twenty of our people, who have planted corn there, and can be of little use to you. Therefore we expect you will allow the line to begin at the mouth of the second Creek below the ford and extend to the place you point ouy in Cumberland mountain.
The Raven then spoke as follows.
I depend on you to let the Governor of Virginia know that I had fixed a boundary, but that at your request I suffered it to go up to the place you propose upon my land.
Col. Christian spoke as follows.
We have now settled the boundary between you & your Brothers of Virginia and you may be assured our Governor and great council will make it verry strong. What we have promised you shall be delivered when we run the line, of which you shall have due noticed. We will inform our Governor, of your friendly behaviour at the treaty, and show him your good talks.
July the 19th present as on the 15th
Mr. Avery spoke as follows
In former times you had little intercourse with your Brothers of North Carolina. After the Big Wolf (Govr. Tryon) had settled a line with your Nation; our Governor and great Council sent you no talks all that time, that we know of, or received any from you. . . .
In your talks to us day before yesterday, you seemed to doubt whether your Brothers of North Carolina, were sincerely willing to make peace with you. Brothers we are sorry to hear this. We appeal to the great being above who knows all our hearts. He knows all our hearts are sincere, and that we are willing to have peace with you, if you will make peace with us on just and honorable terms; a peace that will be lasting. We do not desire to make a short Peace; but a firm and everlasting peace. If you will not settle a boundary line with us the peace cannot be lasting; for we cannot tell our people how far to go, and this will make disputes between us hereafter. You propose to delay this matter and refer it to the Governor of Virginia; but he has nothing to do with it, both states having distinct separate interest (and powers) like two Brothers.
Our Great beloved man and Great Council of North Carolina . . . want to establish a seat of Justice at Watauga, and to send a beloved man to sit thereon; that this beloved man may keep all bad people in order, and cause those that are very bad to be hanged up by the neck; and suffer none to injure you or make mischief between us. You have proposed that all the people of Watauga & Nolachuckie, should be removed quiet away, and we have told you in what manner during the war which you had made; North Carolina took them under protection for their own people and supported them there in war; and that you by making this war had caused this protection to come. That having now become friends and promised to support them, we desire to always be friends. We now tell you that we think it unjust and unreasonable for you to ask us to drive them away.
. . . we have reconsidered the matter of the boundary line, and now propose one which we understand will be more agreeable to your Warriors.
In confirmation, a String.
The Warriors being consulted for a shot time, the Chiefs resumed their seats. Then the old Tassell arose and replied as follows.
I shall send my great Talk to the Great Warrior of America, for him to consider what has been doing. His is the head of all, he ought to hear and consider the talks; likewise the Governor of Virginia, that nothing may be hid that has been done. You have asked me for the ground I walk upon; you have asked me for my land; the dividing line to begin at the River where the Virginia people left it, running thence to the Chimney top; thence across Nolachuckie to the Creek you mentioned. Let this be the line until Colo. Gist returns and brings word from the Great Warrior of America, and then the line can be marked. As you are the beloved men of Carolina, I listened to your talks they went to my heart. The land I give up, will ever hold good; it will ever be as good as it is now; and when we are all dead and gone it will continue to produce. Therefore I expect that when you come to run the line, that you will bring some acknowledgement. You have now come empty handed, with nothing to make us an acknowledgement for the land, which will afford bread to those yet unborn, when goods will be rotten and gone. You come here from the Governor of North Carolina to talk peace talks & make a line; but you’ll tell your beloved man of the value of the land. – Now I am done; I give up the land you asked; I shall say no more. If you ask for more, I will not give it. In confirmation I give you a string.
A string
Colo. Christian spoke as follows.
Friends and Brethren, Warriors and Chiefs.
We have burried the War hatchet and the black belts deep in the ground, and planted a tree over them that they may be forever hid and forgotten by us; . . .
The cry and noise of War will no more be heard in our land, by which so many brave warriors fell; nor will your Warriors faces be any more blackened, to meet us in the field of battle nor their hands stained with the blood of lonely people traveling in the path. . . . The Great & Good being who rules and governs this world in wisdom, hath put into all our hearts to make this Peace. We hope he hath smiled with pleasure upon us while we have been employed in it; and that the Peace we have now made will be a blessing to our posterity while the Great light shines, or this water continues to run in this stream.
A String.
[1] Archibald Henderson, "The Treaty of Long Island of Holston, July 1777," North Carolina Historical Review VIII, 1 (1931): 57, 76-78. All the remaining quotes in this chapter are from this source, pages 58-115.