He recommended the appointment of three commissioners on the part of the United States, who should be invested with full powers to examine into the case of the Cherokees and to renew with them the treaty made at Hopewell in 1785; also to report to the President such measures as should be necessary to protect the Indians in the boundaries secured to them by that treaty, which he suggested would involve the establishment of military posts within the Indian country and the services of at least five hundred troops. President Washington, on the same day, transmitted the report of the Secretary of War, with the accompanying papers, to Congress. He approved of the recommendations of General Knox, and urged upon that body prompt action in the matter.
Congress, however, failed to take any decisive action at that session, and on the 11th of August, 1790, President Washington again brought the subject to the attention of that body. After reciting the substance of his previous communication, he added that, notwithstanding the treaty of Hopewell and the proclamation of Congress, upwards of five hundred families had settled upon the Cherokee lands, exclusive of those between the fork of the French Broad and Holston Rivers.[68] He further added that, as the obstructions to a proper conduct of the matter had been removed since his previous communication, by the accession of North Carolina to the Union and the cession to the United States by her of the lands in question,[69] he should conceive himself bound to exert the powers intrusted to him by the Constitution in order to carry into faithful execution the treaty of Hopewell, unless it should be thought proper to attempt to arrange a new boundary with the Cherokees, embracing the settlements and compensating the Cherokees for the cessions they should make.
United States Senate authorizes a new treaty.—Upon the reception of this message the Senate adopted a resolution advising and consenting that the President should, at his discretion, cause the treaty of Hopewell to be carried into execution or enter into arrangements for such further cession of territory from the Cherokees as the tranquillity and interests of the United States should require. A proviso to this resolution limited the compensation to be paid to the Cherokees for such further cession to $1,000 per annum and stipulated that no person who had taken possession of any lands within the limits of the proposed cession should be confirmed therein until he had complied with such terms as Congress should thereafter prescribe.
Accordingly, instructions were issued to William Blount, governor of the Territory south of the Ohio River and ex-officio superintendent of Indian affairs, to conclude a treaty of cession with the Cherokees.[70]
TENNESSEE COMPANY'S PURCHASE.
In the mean time the troubles between the Indians and the settlers had become aggravated from divers causes. Prominent among these was the fact that Georgia had by act of her legislature disposed of 3,500,000 acres of vacant land lying south of Tennessee River to the Tennessee Company. This association undertook to effect a settlement in the year 1791 at or near the Muscle Shoals.[71] The matter coming to the notice of the Secretary of War was made the subject of a strong protest by him to the President.[72]
The latter issued his proclamation forbidding such settlement. The company persisted in the attempt, and as the President had declared such act would place them without the protection of the United States, the Indians were left free to break up and destroy the settlement, which they did.[73]
DIFFICULTIES IN NEGOTIATING NEW TREATY.
In pursuance of Governor Blount's instructions, he convened the Indians at White's Fort, on the present site of Knoxville, Tenn.; and after a conference lasting seven days, succeeded, with much difficulty and with great reluctance on the part of the Cherokees, in concluding the treaty of July 2, 1791.[74]
In his letter to the Secretary of War,[75] transmitting the treaty, he asserts the greatest difficulty to have been in agreeing on a boundary, and that the one fixed upon might seem singular. The reason for this peculiarity of description was owing to the fact that the Indians insisted on beginning on the part where they were most tenacious of the land, in preference to the mouth of Duck River, where the Hopewell treaty line began. The land to the right of the line was declared to belong to the United States, because no given point of the compass would describe it. In accordance with his instructions, Governor Blount proposed to the Indians that the ridge dividing the waters of Little River from those of the Tennessee should form a part of the boundary. To this the Indians would not agree, but insisted on the straight line which should cross the Holston where that ridge should strike it. Governor Blount explains that this line is not so limited by the treaty as to the point at which it shall leave the north line or at which it shall strike the Clinch, but that it might be so run as either to include or leave out the settlers south of the ridge; the only stipulations respecting it being that it should cross the Holston at the ridge, and should be run by commissioners appointed by the respective parties.