..^/^■>.-: ' --- PROTEST OF N. C. AGAINST THE HOPKVELL TREATY -^y<:-^- ^: ,-i»^' liil,'i!i!!: . -""r^ , .4'M'S!;i;i!i!!l» ■ ," iiir ' "' ^.' ^i- IHI mkM THE LIBRARY OF THE UNIVERSITY OF NORTH CAROLINA THE COLLECTION OF NORTH CAROLINIANA Cp970.03 N87g C.2 UNIVERSITY OF N.C. AT CHAPEL HILL 00032203918 This book must not be token from the Library building. 2l8t. CONGRESS. 1ST. SESSION PROTEST ^ OP NORTH CAROLIHi'i AGAINST THE HOPE'^LL TREATY WITH THE GHEROKEES MAKGH 29,1830 EXTRACTS FROM THE JOURNAL OP THE GENERAL ASSEMBLY 0^' N.C.PROM GOVEHNB GRO'flfFLL'v'^ MESSAGE NOV. ib, 1786. -*- OA ijlst Congress, m ^ f /OS J 1*^ Session. . ^ ^^ i^ c75 PROTEST OF NORTH CAROLINA Against the Hopewell treaty with the Cherokees^ S,'c. March 29, 1830. Laid on the table by Mr. White, and ordered to be printed. Extracts from the Journals of the General Assembly of North Carolina, at their Session commencing November 18, 1786. Extract from Governor Caswell's message. I The treaties entered into by Commissioners, under the authority of Con- gress, with the Indians of the Cherokee and Chickasaw nations, are so inconsistent with the legislative rights of this State, and such an infringe- ment on the Constitution, that I flatter myself they will not be passed over unnoticed by you. Extract from the Journal of the House of Commons, Jan. 6, 1787. The House resumed the consideration of the report of the committee on sundry papers respecting Indian treaties, &c. ; which being read and amend- ed, was concurred with in the following words, viz: Your committee, to whom was referred sundry papers respecting Indian treaties and Indian affairs, beg leave to report, That they have examined with attention the papers to them relerred, and they find that, by the trea- ties entered into between the Commissioners appointed by the United States to treat with the Southern Indians, and the Cherokee and Chickasaw In- dians, at Hopew'>ll, ontheKeowee, the Commissiontrs of the United States have allotted to the said Indians certain lands as their hunting grounds, which are obviously within the jurisdiction ot this State, being North of the boundary established by law between the citizens and Indians, and a great part of which is for a valuable consideration sold to our citizens, some of whom are now actually living thereon. Your committee observe, that the Commissionefs having only allotted these lands to the Indians as their hunting grounds, the treaty doth not thereby annul the title of those who hold under our laws, but has clogged ^ it in a manner different from the intentions of the Legislature, and which vi does, in effect, suppose aright in the United States to interfere with our le- "^^ gislative rights, which is inadmissible. Your committee, thereum).n, ^pommend that the delegates of this State in Congress be instructed ta^ sii^ our rights to the lands in question to the United States of America in Congress assembled; to obtain a disavowal of the treaties so far as they effect the same; and, if the same should be per- sisted in, which your committee cannot suppose from the known rectitude and wisdom of Congress, that, finally, they formally protest against the same. A. MACLAINE, Chairman. On the same day the following joint resolutions were adopted by both Houses, viz: Resolved, That this General Assembly conceive the said treaty, so far as it relates to ceding to the Indians certain lands within the bounds or limits' of this State, is clearly an infringement of the legislative and territorial rights of the same, as set forth in the Constitution of the State, and therefore cannot be conceded to. Resolved, That it is the sense of this General Assembly that this State has an indefeasible right to a considerable part of the lands ceded by the said treaty to the Indians, which right was obtained by purchase from the natives; and that even Congress are not libert)^ to dispose of any part of the same, by treaty, sale, or exchange. Resolved, as the opinion of this General Assembly, That the exclusive privilege granted by the Confederation to the United States in Congress to decide on peace and war, was never meant or intended to authorize the ces- sion of any part of the territory of the individual States in the Union, as described and ascertained by their several ancierxt charters: And whereas many of the citizens of this State have obtained from the same titles to lands on the waters of the Mississippi, and some of them already reside thereon, who must necessarily be greatly injured should thfey be compelled to remove with their families therefrom: And whereas by the express words of the said treaty, they are declared out of the protection of the United States, if they do not, in a limited time, leave their habitations and retire out of the ceded bounds: And whereas the said treaty, should it be carried into effect, would deprive the officers and soldiers of the late continen- tal line of this State of a great part of the bounty of lands allowed them by the General Assembly as a reward for military services in bringing about our glorious Revolution: it was promised to them; became a debt of justice and gratitude, and was almost the only recompence the State had to give to those hardy veterans, who spent their time and shed their blood in the service of their country: the honor of the State was pledged to secure their rights, and it would be highly unjust to snatch the boon from them when no equiva- lent is obtained to the United States: And whereas it is impracticable for many of the citizens of this State, who have settled themselves within the limits of the said cession, to remove agreeably to the tenor of the said trea- ty, and must, therefore, be exposed to the cruelty and rage of the merciless savages: Resolved, therefore, That the delegates from this State in Congress be in- structed to oppose the ratification of the said treaty in the most explicit and decided terms; and, in case the same should take effect, (which, from the known rectitude and wisdom of Congress, cannot be supposed,) to enter thereto the formal protest of this State. 3 ^ [ 108 ] EXTRACTS FROM THE LETTER BOOKS IN THE OFFICE OF THE EXECUTIVE OF NOUTH CAROLINA. Extract of a letter from the Governor to JVilliam Blount. North Carolina, Kinston, 3d September ^ 1785. Sir: Herewith you will receive a commission, appointing you agent for this State to attend ihe treaties to be held by Commissioners appointed by Congress with the Cherokee and other Southern Indians. I am therefore to request you will repair to Galphinton, in the State of Georgia, in lime to be present at the treaty to be held by the said Commis- sioners there with the Creek Indians, on the third Monday in September, instant; and from thence, after the business of the treaty being completed, you will proceed to the treaty to be held on Keowee, in the State of South Carolina; at each of which treaties, as the representative or agent of the State, you will be pleased to use your best endeavors to advance the inte- rests of, the State, and prevent any encroachment upon the territory or liber- ties of the same. From William Blount to Governor Caswell. Augusta, November llM, 1785. Sir: On the ninth instant the Continental Commissioners left Galphinton, without holding a treaty with the Creek Indians, after having waited there seventeen days for the kings, head men, and warriors, of that nation to make their appearance; during which time, only the kings, &c. of two tribes ap- peared: each attended with about twenty Indians of their respective towns. Although no treaty was entered into, the Commissioners of Congress, soon after their arrival at Galphinton, showed to the agents on the part of the States of North Carolina and Georgia the draft of the treaty they meant to propose to the Indians; against which, the agenis on the part of the State of Georgia entered a formal protest, because, in their opinion, the proposed treaty tended to deprive their State of a part of her soil and sovereignty. To this protest the Commissioners of Congress gave a written answer, from which the following is an extract: " We find, moreover, that the several Indian nations have uniformly, both before and since the Revolution, been treated with as free and independent peojjle, and the sole proprietors of the soil, until any part of it is fairly and willingly purchased from, or relin- quished by, them; that the protection and guardianship of these their rights, which were universally allowed to have been in the King of Great Britain, are now devolved upon, and vested in, the Congress of the United States, which they have exercised before as well as since our Independence, and very early divided the executioii of this trust into three districts — the Northern, Middle, and Southern." From JVilUam Blount, Esq. to Governor Caswell. PcNEY Grove, March 1, 1786. Sir: On the 11th day of November I had the honor to address a letter to your Excellency, from Augusta, informing j^ou that the Creek Indians had not acceded to the propositions of the Continental Commissioners to meet [ 108 ] - 4 them at Galphinton to form a treaty, which I presume you have received. Since that period, the Cherokees, Choctaws, and Chickasaws have met them at Hopewell, on Keowee, and formed treaties very prejudicial to the State of North Carolina. That with the Cherokees was completed and signed November 28, a copy of which is contained in the book you will receive herewith, as is every other necessary copy that respects either of the above- mentioned treaties. Those with the Choctaws and Chickasaws were signed on the 5th and 10th of January, and are the same as the Cherokee treaty, except the third article, which establishes their respective boundaries. I thought it unnecessary to protest agahist the treaty with the Choctaws, be- cause they claimed no part of the lands lying within the chartered limits of the State of North Carolina. The State of Georgia appointed three agents to attend the treaties to be held by the Continental Commissioners, of which the present Governor was one; and they protested, as well at Hopewell as at Galphinton, against the right of the Commissioners to treat with any In- dians resident within the limits of their State. Fro)/i William Blount^ Esq. to the United States' Commissioners. Hopewell, on Kiowee, November 22, 1785. Gentlemen: Having, yesterday, had the honor to lay before you my commission, appointing me agent on the part of the State of North Carolina, I now consider it my duty to lay before you the following extract from the Constitution of that State, which was agreed to in full convention at Halifax, on the 18th of December, 1776; [He here recites the article declaring the boundaries of the State.] and to remark to you, that, years after the forma- tion and publication of the aforesaid Constitution, the State of North Caro- lina entered into and signed the Articles of Confederation, by which she has fiot given up to the United States any part of the soil described in the afore- said Constitution, nor the sovereignty thereof. I have the honor to be. Your most obedient humble servant, WILLIAM BLOUNT, Jigent for the Slate of North Carolina. Benjamin Hawkins, ^ ^ . , • ^ .^ . . ..7 ., /^, Andrew Picfexs I ^ommissione7^s, appointed totreat with the Che?-- Tncr-T^rr M^oT.T^r ' c otceBS, uiid all ifiidians Southward of them JOSEPH iVlARTIN, ,' -ir- ji. tt -j i ci ^ Lachlin M'Intosh, J ^'^^'^^ ^^^ ^'"^^^ ^^«^^*- From William Blount, Esq. to the Commissioners, S^c. Hopewell, on Keowee, November 28, 1785. Gentlemen: The State of North Carolina have at this time a law in force and use, allotting the lands contained within the following bounds to 5 r 108 ] the Cherokee Indians, beginning on the Tennessee River, where the Southern boundary of the State (of North Carolina) intersects the same, nearest the Chickamaga Towns; thence, up the middle of the Tennessee and Holston Rivers, to the middle of French Broad River; thence, up the middle of the said French Broad River, (which lines are not to include any island) to the mouth of Big Pidgeon River, then up the same, to the head thereof; then along the dividing ridge between the waters of Pidgeon River and Tucka- seegee River, to the said Southern boundary; thence West, with the said botrndary, to the beginning. Should you by treaty fix any other boundaries within the limits ot the said State of North Carolina, between the said Cherokee Indians and her citizens, that State will consider such treaty as a violation and infringement of her legislative and constitutional rights. The lands contained within the limits of Davidson county, which begins on Cumberland river, where the northern boundary of the State of NorLh Carolina first intersects the same, then south fifty-five geographical miles, then west to the Tennessee river, then down the said river, until the said river intersects the said northern boundary, then east with the said boundary to the beginning, have been ap- propriated by the State of North Carolina to the payment of the bounties of land promised to the officers and soldiers of the continental line of that State. It is said the militia of that county are in number seven hundred, and the State of North Carolina have sold and granted to sundrv citizens, for a valua- ble consideration, several millions of acres of land, situate, lying, and being between the Mississippi and the line fixed by Col. Christie and ethers in the year 1777, and without the limits of Davidson county, and on which lands several thousands of people are settled. I am your most obedient humble servant, WM. BLOUNT, ^gent For the State of North Carolina. Benjamin Hawkins, Andrew Pickens, Joseph Martin & Lachlin M'Intosh, Esquires, ConiTnissioners, appointed to treat with the Cherokees, and all other Indians southward within the limits of the U. States. The underwritten Agent on the part of the State of North Carolina, pro- tests against the treaty at this instant about to be signed and entered into between Benjamin Hawkins, Andrew Pickens, Joseph Martin, and Lachlin M'Intosh, Commissioners on the part of the United States of America, and the Cherokee Indians on the other part, as contain-ng several stipulations that infringe and violate the legislative rights of that State. Done at Hope- well, on Keowee, November 28th, 1785. WM. BLOUNT. HoPEWEiL ON Keowee, Januai-y 10th, 1786. Gentlemen: I beg leave again to call your attention to my letters of the 22d and 28th of November, and again to assure, that, should you by treaty £x any bounds between the citizens of North Carolina and any nation of In- dians within the limits of said Statt?, as declared in her constitution and biJt C 108 ] 6 of rights, or allot any lands to any nation, tribe, or town of Indians, to live oi* hunt on within the said limits, the said State shall and will consider such treaty or allotment a violation of her constitutional and legislative rights. I have the honor to be, Yours, &c. WM. BLOUNT, Agent For the State of North Carolina. Benjamin Hawkins, Andrew Pickens, Joseph Martin & Lachlin M'Intosh, > Esquires, Commissioners ^ Sj-c. 8fc. The underwritten Agent for the State of North Carolina protests against the treaty on this day about to be entered into between Benjamin Hawkins, Joseph Martin, and Andrew Pickens, Commissioners on the part of the United States of America, and the Chickasaw Indians on the other part, be- cause it contains stipulations which infringe and violate the constitutional and legislative rights of that State, Done at Hopewell, on Keowee, January 10th, 1786. WM. BLOUNT. ' |!j|!i|!fi!l|i| I' J i ,, 1.;- ■t-ia: r --■.r^"-