YALE UNIVERSITY LIBRARY Bought with the income of the ANN S. FARNAM FUND John P. Arthur. Western North Carolina A HISTORY (FROM 1730 TO 1913) BY JOHN PRESTON ARTHUR PUBLISHED BY The Edward Buncombe Chapter of the Daughters of the American Revolution, of Ashevllle, N. C. RALEIGH. N. C. Edwards & Bbotjqhtom Printing Compant 1814 Copyright, 1914 By E. H. D. Morrison BIBLIOGRAPHY The references are to the names of authors or works as follows: Allen: means "A History of Haywood County," by W. C. Allen, Waynes- ville, 1908. Asheville's Centenary: means an article by that name which was pub lished in the Asheville Citizen in February, 1898, by Foster A. Sondley, Esq., of the Asheville Bar. Balsam Groves: means "The Balsam Groves of the Grandfather Moun tain," by Shep. M. Dugger of Banner Elk, Watauga county. Byrd: means the "Writings of Col. Wm. Byrd of Westover," 1901. Carolina Mountains, by Margaret W. Morley, 1913 Col. Rec: means Colonial and State Records of North Carolina. Draper: means "Kings Mountain and Its Heroes," by Dr. L. C. Draper. Dropped Stitches: means "Dropped Stitches in Tennessee History," by Hon. John Allison, Nashville, 1896. Dugger: means "The Balsam Groves" named above. Fifth Eth. Rep.: means the Fifth Annual Report of the Bureau of Ethnology, 1883-'84. Foote's Sketches: means "Foote's Sketches of North Carolina." Hart: means "Formation of the Union," by A. B. Hart, 1901. Heart of the Alleghanies: means a work of that name by Zeigler & Gross- cup, 1879. Herndon: means "Abraham Lincoln," by W. H. Herndon and J. W. Weik, 1892. Vol. I. Kerr: means W. C. Kerr's Report of the Geological Survey of North Carolina, 1875. McClure: means "The Early Life of Abraham Lincoln," by Ida M. Tarbell, 1896. McGee: means "A History of Tennessee," by R. G. McGee, American Book Company, 1900. Nineteenth Eth. Rep.: means the Nineteenth Annual Report of the Bureau of Ethnology, 1897. Polk: means "North Carolina Hand-Book," by L. L. Polk, 1879, Raleigh. Ramsey: means "Annals of Tennessee," by Dr. J. G. Ramsey. Roosevelt: means "The Winning of the West," by Theodore Roose velt, 1905, Current Literature Publishing Company. Tarbell: means "Life of Abraham Lincoln," by Ida M. Tarbell, Vol. I, 1900. Thwaites: means "Daniel Boone," by Reuben Gold Thwaites. Waddell: means the "Annals of Augusta County, Va., " by Joseph A. Waddell, 1886, or the second volume, 1902. Wheeler: means "Historical Sketches of North Carolina," by John H. Wheeler, 1851. Woman's Edition: means the "Woman's Edition of the Asheville Citi zen," published by the women of Asheville, November 1895. Zeigler & Grosscup: means "The Heart of the Alleghanies," by them, 1879. (5) CONTENTS Page Chapter I — Introductory 7 Chapter II — Boundaries 18 Chapter III — Colonial Days 60 Chapter IV — Daniel Boone 79 Chapter V— Revolutionary Days 96 Chapter VI — The State of Franklin 113 Chapter VII — Grants and Litigation 131 Chapter VIII — County History 143 Chapter IX — Pioneer Preachers 215 Chapter X — Roads, Stage Coaches and Taverns 229 Chapter XI — Manners and Customs 248 Chapter XII — Extraordinary Events 292 Chapter XIII — Humorous and Romantic 327 Chapter XIV— Duels 356 Chapter XV — Bench and Bar 373 Chapter XVI — Notable Cases and Decisions 407 Chapter XVII — Schools and Colleges 420 Chapter XVIII — Newspapers 449 Chapter XIX — Swepson and Littlefleld 457 Chapter XX — Railroads 469 Chapter XXI — Notable Resorts and Improvements 491 Chapter XXII — Flora and Fauna 512 Chapter XXIII — Physical Peculiarities 528 Chapter XXIV — Mineralogy and Geology 542 Chapter XXV — Mines and Mining 552 Chapter XXVI — The Cherokees 566 Chapter XXVII — The Civil War Period 600 Chapter XXVIII — Political 628 Appendix 652 Index 659 WESTERN NORTH CAROLINA A HISTORY CHAPTER I INTRODUCTORY Our Lordly Domain. Lying between the Blue Ridge on the East and the Iron, Great Smoky and TJnaka mountains on the West, is, in North Carolina, a lordly domain. It varies in width from about forty miles at the Virginia line to about seventy-five when it reaches Georgia on the Southerly side. Running Northeast and Southwest it borders the State of Tennessee on the West for about two hundred and thirty miles, following the meanderings of the mountain tops, and embraces approximately eight thousand square miles. No where within that entire area is there a tract of level land one thousand acres in extent; for the mountains are every where, except in places where a limpid stream has, after ages of erosion, eaten out of the hills a narrow valley. Between the Grandfather on the east and the Roan on the west, the distance in a straight line is less than twenty miles, while from Melrose mountain, just west of Tryon, to the corner of North Carolina, Georgia and Tennessee, is over one hundred and fifty miles. The Appalachians. According to the Smithsonian Insti tution, the name Alleghany is from the language of the Dela- *^ ware Indians, and signifies a fine or navigable river. * It is sometimes applied to the mountain ranges in the eastern part of the United States, but the Appalachians, first applied by De Soto to the whole system, is preferred by geographers. 2 The Grandfather Mountain. The Blue Ridge reaches its culmination in this hoary pile, with its five-peaked crown of archsean rocks, and nearly six thousand feet of elevation. (7) 8 HISTORY OF WESTERN NORTH CAROLINA Of this mountain the following lines were written in 1898: TO THE GRANDFATHER MOUNTAIN. 3 Oldest of all terrestrial things — still holding Thy wrinkled forehead high; Whose every seam, earth's history enfolding, Grim Science doth defy — Teach me the lesson of the world-old story, Deep in thy bosom hid; Read me thy riddles that were old and hoary Ere Sphinx and Pyramid! Thou saw'st the birth of that abstraction Which men have christened Time; Thou saw'st the dead world wake to life and action Far in thy early prime; Thou caught'st the far faint ray from Sirius rising, When through space first was hurled, The primal gloom of ancient voids surprising, This atom, called the World! Gray was thy head ere Steam or Sail or Traffic Had waked the soul of Gain, Or reed or string had made the air seraphic With Music's magic strain! Thy cheek had kindled with the crimsoned blushes Of myriad sunset dyes Ere Adam's race began, or, from the rushes, Came Moses, great and wise! Thou saw'st the Flood, Mount Arrarat o'er-riding, That bore of old the Ark; Thou saw'st the Star, the Eastern Magi guiding To manger, drear and dark. Seething with heat, or glacial ices rending Thy gaunt and crumbling form; Riven by frosts and lightning-bolts — contending In tempest and in storm — Thou still protesteth 'gainst the day impending, When, striving not in vain, Science, at last, from thee thy riddles rending, Shall make all secrets plain! The Peculiarities of the Mountains. Until 1835 the mountains of New Hampshire had been regarded as the loftiest of the Alleghanies; but at that time the attention of John C. Calhoun had been drawn to the numerous rivers which come from all sides of the North Carolina mountains and he shrewdly reasoned that between the parallels of 35° and 36° and 30', north latitude, would be found the highest pla- INTRODUCTORY teau and mountains of the Atlantic coast. The Blue Ridge is a true divide, all streams flowing east and all flowing west having their sources east or west of that divide. The Linville river seems to be an exception to this rule, but its source is in Linville gap, which is the true divide, the Boone fork of the Watauga rising only a few hundred feet away flowing west to the Mississippi. There are two springs at Blowing Rock only a few feet apart, one of which flows into the Yadkin, and thence into the Atlantic, while the other goes into the New, and thence into the Gulf of Mexico; while the Saddle Moun tain Baptist church in Alleghany county is built so exactly on the line that a drop of rain falling on one side of the roof goes into the Atlantic, while another drop, falling on the opposite side ultimately gets into the Gulf. When the Alleghanies Were Higher Than the Alps. What is by some called The Portal is the depression between the Grandfather on the East and the Roan mountain on the West. When it is remembered that the Gulf of Mexico once extended further north than Cairo, Illinois, and that both the Ohio and the Mississippi once emptied into that inland sea without having joined their waters, it will be easy to under stand why these mountains must have been much higher than at present, as most of their surface soil has for untold ages been slowly carried westward to form the eastern half of the valley of the Mississippi from Cairo to New Orleans. Thus, the Watauga first finds its way westward, followed in the or der named by the Doe, the Toe, the Cane, the French Broad, the Pigeon, the Little Tennessee and last by the Hiwassee. The most northerly section of this western rampart is called the Stone mountains, and then follow the Iron, the Bald, the Great Smoky, the Unaka, and last, the Frog mountains of Georgia. The Blue Ridge, the transverse ranges and the western mountains contain over a score of peaks higher than Mount Washington, while the general level of the plateau between the Blue Ridge and the mountains which divide North Carolina from Tennessee is over two thousand feet above sea level. Where most of these streams break through the western barrier are veritable canons, sometimes so nar row as to dispute the passage of wagon road, railroad and river. For a quarter of a mile along the Toe, at Lost Cove, the railroad is built on a concrete viaduct in the very bed of 10 HISTORY OF WESTERN NORTH CAROLINA the river itself. The mountains are wooded to their crests, except where those crests are covered by grass, frequently forming velvety mountain meadows. The scenery is often grand and inspiring. It is always beautiful; and Cowper sings: "Scenes must be beautiful that, daily seen, Please daily, and whose novelty survives Long knowledge and the scrutiny of years. " The Aborigines. This region was, of course, inhabited from time immemorial by the Indians. The Catawbas held the country to the crest of the Blue Ridge. To the west of that line, the Cherokees, a numerous and warlike tribe, held sway to the Mississippi, though a renegade portion of that tribe, known as the Chicamaugas, occupied the country around what is now Chattanooga. 4 Old pottery, pipes, arrow- and spear-heads are found at numerous places throughout these mountains; and only a few years ago Mr. T. A. Low, a lawyer of Banner Elk, Avery county, "picked up quite a num ber of arrow-heads in his garden, some of which were splen did specimens of Mocha stone, or moss agate, evidently brought from Lake Superior regions, as no stones of the kind are found in this part of the country."6 None of the towns of these Indians appear " to have been in the valleys of the Swan- nanoa and the North Carolina part of the French Broad."6 Parties roamed over the country. Since many of the arrow heads are defective or unfinished, it would seem that they were made where found, as it is unlikely that such unfinished stones would be carried about the country. The inference is that many and large parties roamed through these unsettled regions. 7 Numbers of Indian mounds, stone hatchets, etc., are found in several localities, but nothing has been found in these mounds except Indian relics of the common type. 8 Asheville on an Old Indian Battle-Ground? "There is an old tradition that Asheville stands upon the site where, years before the white man came, was fought a great battle, between two tribes of aborigines, probably the Cherokees and the Catawbas, who were inveterate enemies and always at war. There is also a tradition that these lands were for a long while neutral hunting grounds of these two tribes. " 9 Indian Names for French Broad. According to Dr. Ram sey this stream was called Agiqua throughout its entire length • INTRODUCTORY 11 but Zeigler & Grosscup tell us that it was known as the Agiqua to the Over Mountain Cherokees [erati] only as far as the lower valley; and to the Ottari or Valley Towns Indians, as Tahkeeosteh from Asheville down; while above Asheville "it took the name of Zillicoah." But they give no authority for these statements. Origin of the Name "French Broad." Mr. Sondley10 states that "as the settlement from the east advanced towards the mountains, the Broad river was found and named; and when the river, whose sources were on the opposite or western side of the same mountains — which gave rise to the Broad river [on the east] — became known, that ... its course tra versed the lands then claimed by the French, and this new found western stream was called the French Broad." Origin of the Name "Swannanoa." The same writer (Mr. Sondley), after considering the claims of those who think Swannanoa means "beautiful", and of those who think it is intended to imitate the wings of ravens when flying rapidly, is of opinion that the name is but a corruption of Shawno, or Shawnees, most of whom lived in Ohio territory, and he seems to think that Savannah may also be a corruption of Shawno, which tribe may have dwelt for a time on the Savannah river in remote times. He then quotes Mr. James Mooney, "that the correct name of the Swannanoa gap through the Blue Ridge, east of Asheville, is Suwali Nunnahi, or Suwali trail," that being the pass through which ran the trail from the Cher okee to the Suwali, or Ani-Suwali, living east of the moun tains. He next quotes Lederer (p. 57) to the effect that the Suwali were also called Sara, Sualty or Sasa, the interchange of the I and r being common in Indian dialects. The First White Men. It is difficult to say who were the first white men who passed across the Blue Ridge. There is no doubt, however, that there are excavations at several places in these mountains which indicate that white men car ried on mining operations in years long since passed. This is suggested by excavations and immense trees now growing from them, which when cut down show rings to the number of several hundred. It is true that these excavations may have been made by the Indians themselves, but it is also possible that they may have been made by white men who were wandering through the mountains in search of gold, sil- 12 HISTORY OF WESTERN NORTH CAROLINA ver or precious stones. Roosevelt (Vol. i, 173-4) says that unnamed and unknown hunters and Indian traders had from time to time pushed their way into the wilderness and had been followed by others of whom we know little more than their names. Dr. Thomas Walker of Virginia had found and named Cumberland river, mountains and gap after the Duke of Cumberland in 1750,. though he had been to the Cumber land in 1748 (p. 175). John Sailing had been taken as a captive by the Indians through Tennessee in 1730, and in that year Adair traded with the Indians in what is now Ten nessee. In 1756 and 1758 Forts Loudon and Chissel were built on the headwaters of the Tennessee river, and in 1761 Wallen, a hunter, hunted near by . . . In 1766 James Smith and others explored Tennessee, and a party from South Caro lina were near the present site of Nashville in 1767. De Soto. It is considered by some as most probable that De Soto, on the great expedition in which he discovered the Mississippi river, passed through Western North Carolina in 1540. x 1 In the course of their journey they are said to have arrived at the head of the Broad or Pacolet river and from there to have passed "through a country covered with fields of maize of luxuriant growth, " and during the next five days to have "traversed a chain of easy mountains, covered with oak or mulberry trees, with intervening valleys, rich in pas turage and irrigated by clear and rapid streams. These mountains were twenty leagues across." They came at last to "a grand and powerful river" and "a village at the end of a long island, where pearl oysters were found." "Now, it would be impossible for an army on the Broad or Pacolet river, within one day's march of the mountains, to march westward for six days, five of which were through mountains, and reach the sources of the Tennessee or any other river, without passing through Western North Carolina. " l 2 But the Librarian of Congress says: "There appears to be no au thority for the statement that this expedition [Hernando De Soto's] entered the present limits of North Carolina. " 1 3 In the same letter he says that Don Luis de Velasco, "as vice roy of New Spain, sent out an expedition in 1559 under com mand of Luna y Arellano to establish a colony in Florida. One of the latter's lieutenant's appears to have led an expe dition into northeastern Alabama in 1560." Also, that the INTRODUCTORY 13 statement of Charles C. Jones, in his "Hernando De Soto" (1880), that Luna's expedition penetrated into the Valley river in Georgia and there mined for gold is questioned by Wood bury Lowery in his "Spanish Settlements within the pres ent limits of the United States" (New York, 1901, p. 367). 14 There are unmistakable evidences of gold-mining in Macon and Cherokee counties which, apparently, was done 300 years ago; but by whom cannot now be definitely determined. How ever, there is no Valley river in Georgia, and the probability is that the Valley river of Cherokee county, N. C, which is very near the Georgia line, was at that time supposed to be in the latter State. The Roundheads of the South. Towards this primeval wilderness three streams of white people began to converge as early as 1730. * 6 They were Irish Presbyterians, Scotch Sax ons, Scotch Celts, French Huguenots, Milesian Irish, Ger mans, Hollanders and even Swedes. "The western border of our country was then formed by the great barrier-chains of the Alleghanies, which ran north and south from Pennsyl vania through Maryland, Virginia and the Carolinas." Geor gia was then too weak and small to contribute much to the backwoods stock; the frontier was still in the low country. It was difficult to cross the mountains from east to west, but easy to follow the valleys between the ranges. By 1730 emi grants were fairly swarming across the Atlantic, most of them landing at Philadelphia, while a less number went to Charles ton. Those who went to Philadelphia passed west to Fort Pitt or started southwestward, towards the mountains of North Carolina and Virginia. Their brethren pushed into the interior from Charleston. These streams met in the foothills on the east of the Blue Ridge and settled around Pittsburg and the headwaters of the Great Kanawha, the Holston and the Cumberland. Predominent among them were the Presby terian Irish, whose preachers taught the creed of Knox and Calvin. They were in the West what the Puritans were in the Northeast, and more than the Cavaliers were in the South. They formed the kernel of the American stock who were the pioneers in the march westward. They were the Protestants of the Protestants; they detested and despised the Catholics, and regarded the Episcopalians with a more sullen, but scarce ly less intense, hatred. They had as little kinship with the 14 HISTORY OF WESTERN NORTH CAROLINA Cavalier as with the Quaker; they were separated by a wide gulf from the aristocratic planter communities that flourished in the tidewater regions of Virginia and the Carolinas. They deemed it a religious duty to interpret their own Bible, and held for a divine right the election of their own clergy. For generations their whole ecclesiastic and scholastic systems had been fundamentally democratic. The creed of the back woodsman who had a creed at all was Presbyterianism; for the Episcopacy of the tidewater lands obtained no foothold in the mountains, and the Methodists and Baptists had but just begun to appear in the West when the Revolution broke out. Thus they became the outposts of civilization; the van guard of the army of fighting settlers, who with axe and rifle won their way from the Alleghanies to the Rio Grande and the Pacific. "They have been rightly called the Roundheads of the South, the same men who, before any others, declared for American independence, as witness the Mecklenburg Declara tion. "16 "They felt that they were thus dispossessing the Canaanites, and were thus working the Lord's will in prepar ing the land for a people which they believed was more truly His chosen people than was that nation which Joshua led across the Jordan. " 1 7 A New Englander's Estimate. In her "Carolina Moun tains," (Houghton, Mifflin Co., 1913) Miss Margaret W. Morley, of New England, but who has resided about a dozen years in these mountains (Ch. 14) says that although North Carolina was originally settled "from almost all the nations of Europe," our mountain population, in "the course of time, became homogenious" ; that many had come to "found a fam ily," and "formed the 'quality' of the mountains"; while others, " at different times drifted in from the eastern lowlands as well as down from the North. " Indeed, the early records of Ashe county, show many a name which has since become famous in New York, Ohio and New England — such as Day, Choate, Dana, Cornell, Storie and Vanderpool. Continuing, Miss Morley says (p. 140) : "Most of the writers tell us rather loosely that the Southern mountains were originally peopled with refuges of one sort and another, among whom were criminals exported to the New World from England which, they might as well add, was the case with the whole of the newly discovered continent, America being then the INTRODUCTORY 15 open door of refuge for the world's oppressed . . . but we can find no evidence that these malefactors, many of them 'indentured servants', sent over for the use of the colo nists, made a practice of coming to the mountains when their term of servitude expired. . . . The truth is, the same people who occupied Virginia and the eastern part of the Carolinas, peopled the western mountains, English predomi nating, and in course of time there drifted down from Vir ginia large numbers of Scotch-Irish, who, after the events of 1730, fled in such numbers to the New World, and good Scotch Highlanders, who came after 1745. In fact, so many of these staunch Northerners came to the North Carolina mountains that they have given the dominant note to the character of the mountaineers, remembering which may help the puzzled stranger to understand the peculiarities of the people he finds here today. . . . The rapid growth of slavery, no doubt, discouraged many, who, unable to suc ceed in the Slave-States, were crowded to the mountains, or else became the "Poor White" of the South, who must not be for a moment confounded with the "Mountain White," the latter having brought some of the best blood of his na tion to these blue heights. He brought into the mountains and there nourished, the stern virtues of his race, including the strictest honesty, an old-fashioned self-respect, and an old-fashioned speech, all of which he yet retains, as well as a certain pride, which causes him to flare up instantly at any suspicion of being treated with condescension. . . . " She gives the names of Hampton, Rogers, McClure, Morgan, Rhodes, Foster and Bradley as indicative of the English, Scotch and Irish descent of our people — names that "are crowned with honor out in the big world." It is also a well- known fact that Andrew Jackson, Abraham Lincoln, Admiral Farragut and Cyrus T. McCormick came from the same stock of people. She adds, very justly : "Bad blood there was among them, as well as good, and brave men as well as weak ones. The brave as well as the bad blood sometimes worked out its destiny in Vendetta and "moonshining," al though there never existed in the North Carolina mountains the extensive and bloody feuds that distinguish the annals of Virginia and Kentucky." (P. 144). 16 HISTORY OF WESTERN NORTH CAROLINA The Moonshiner, she declares, (p. 201) is "a product of conditions resulting from the Civil War, before which time the moutnaineer converted his grain into whiskey, just as the New Englander converted his apples into cider. The act of distilling was not a crime, and became so only because it was an evasion of the revenue laws. ... At the begin ning of the Civil War for the sake of revenue a very heavy tax was placed on all distilled alcoholic liquors. After the war was over the tax was not removed, and this is the griev ance of the mountaineer, who says that the tax should have been removed; that it is unjust and oppressive, and that he has a right to do as he pleases with his own corn, and to evade the law which interferes with his personal freedom." But, she adds : "Within the past few years the moonshiner, along with many time-honored customs, has been rapidly van ishing. An Appreciation. Such just, truthful, generous and sym pathetic words as the above, especially when found eminat- ing from a New Englander, will be highly appreciated by every resident of the Carolina mountains, as we are accus tomed to little else than misrepresentations and abuse by many of the writers from Miss Morley's former home. Her descriptions of our flowers, our gems, our manners and cus toms, our scenery, our climate and the character of our peo ple will win for her a warm place in the affections of all our people. "The Carolina Mountains" is by far the best book that has ever been written about our section and our people. The few lapses into which she has been betrayed by incorrect information will be gladly overlooked in view of the fact that she has been so just, so kind and so truthful in the estimate she has placed upon our virtues and our section. Poor Comfort. Very little comfort is to be derived from the fact that some writers claim ("The Child That Toileth Not," p. 13) that a spirit of fun or a "great sense of humor" among the mountain people induces them to mislead strang ers who profess to believe that in some sections of the moun tains our people have never even heard of Santa Claus or Jesus Christ; by pretending that they do not themselves know any thing of either. Indeed, a story comes from Aquone to the effect that a stranger from New England who was there to fish in the Nantahala river once told his guide, a noted wag, INTRODUCTORY 17 that he had heard that some of the mountain people had not heard of God or Jesus Christ. Pretending to think that the visitor was referring to a man, the guide asked if his ques tioner did not mean Mike Crise, a timber-jack who had worked on that river a dozen years before, and when the stranger replied that he meant Jesus of Bethlehem, the wag, with a perfectly straight face, answered : "That's the very p'int Mike came from" — meaning Bethlehem, Pa. There fore, when we read in "The Carolina Mountains (p. 117) that "The mountaineer, it may be said in passing, sells his molasses by the bushel," and (p. 220) that "Under the Smoky mountain we heard of a sect of 'Barkers,' who, the people said, in their religious frenzy, run and bark up a tree in the belief that Christ is there, " we are driven to the conclusion that Miss Morley, the author, was a victim of this same irre sistible "sense of humor." notes. ^Letter of R. D. W. Connor, Secretary N. C. Hist. Com., January 31, 1912. 2Zeigler & Grosscup, p_. 9. 3This mountain is said to be among the oldest geological formations on earth, the Laurentian only being senior to it. 'Roosevelt, Vol. Ill, 111-112. BT. A. Low, Esq. 6Asheville Centenary. 'Ibid."Ibid.'Ibid. i°Ibid. "Zeigler & Grosscup, p. 222. 12Asheville Centenary. "His letter to J. P. A., 1912. i*Ibid "Roosevelt, Vol. I. p. 137. This entire chapter (ch. 5, Vol. I), from which the follow ing excerpts have been taken at random, contains the finest tribute in the language to the pioneers of the South. "Ibid., 214. "Ibid. W. N. C. 2 CHAPTER II BOUNDARIES A Digression. The purpose of this history is to relate facts concerning that part of North Carolina which lies be tween the Blue Ridge and the Tennessee line; but as there has never been any connected account of the boundary lines between North Carolina and its adjoining sisters, a digression from the main purpose in order to tell that story should be pardoned. Unfounded Traditions. It is said that the reason the Ducktown copper mines of Tennessee were lost to North Car olina was due to the fact that the commissioners of North Carolina and Tennessee ran out of spirituous liquors when they reached the high peak just north of the Hiwassee river, and instead of continuing the line in a general southwest- wardly course, crossing the tops of the Big and Little Frog mountains, they struck due south to the Georgia line and a still-house. The same story is told as to the location of Ashe ville, the old Steam Saw Mill place on the Buncombe Turn pike about three miles south of Asheville, at Dr. Hardy's former residence, being its chief rival; but when it is recalled that two Indian trails crossed at Asheville, and the legislature had selected a man from Burke as an umpire of the dispute, it will be found that grave doubts may arise as to the truth of the whiskey tradition. 1 It was the jagged boundary between North and South Carolina and the stories attributing the same to the influence of whiskey that called forth the fol lowing just and sober reflections : Abstemious or Capable in Strong Drink? Hon. W. L. Saunders, who edited the Colonial Records, remarks in Vol. v, p. xxxviii, that "there is usually a substantial, sensible, sober reason for any marked variation from the general direc tion of an important boundary line, plain enough when the facts are known; but the habit of the country is to attribute such variations to a supposed superior capacity of the com missioners and surveyors on the other side for resisting the power of strong drink. Upon this theory, judging from prac- (18) BOUNDARIES 19 tical results, North Carolina in her boundary surveys, and they have been many, seems to have been unusually fortunate in having men who were either abstemious or very capable in the matter of strong drink; for, so far as now appears, in no instance have we been overreached. " 2 A Sanctuary for Criminals. Prior to the settlement of these boundary disputes grants had been issued by each col ony to lands in the territory in controversy; which, according to Governor Dobbs, "was the creation of a kind of sanctuary allowed to criminals and vagabonds by their pretending, as it served their purpose, that they belonged to either province." 3 "But," adds Mr. W. L. Saunders, "who can help a feeling of sympathy for those reckless free-lances to whom constraint from either province was irksome? After men breathe North Carolina air for a time, a very little government will go a long way with them. Certainly the men who publicly 'damned the King and his peace' in 1762 were fast ripening for the 20th of May, 1775."* The First Grant of Carolina. Charles the Second's grant of Carolina in 1584 embraced only the land between the mouth of the St. Johns river in Florida to a line just north of Albemarle Sound; but he had intended to give all land south of the settlements in Virginia. This left a strip of land between the Province of Carolina and the Virginia settle ments. 6 In 1665 the King added a narrow strip of land to those already granted. This strip lay just north of Albe marle Sound, and its northern boundary would of course be the boundary line between Carolina and Virginia. It was about fifteen miles wide, and had on it "hundreds of fam ilies, " which neither colony wished to lose. 6 The First Survey. In 1709, both colonies appointed commissioners to settle this boundary. North Carolina appointed Moseley and John Lawson; but Lawson left his deputy, Colonel Wm. Maule, to act for him. 7 In 1710 these commissioners met Philip Ludwell and Nathaniel Harrison, commissioners from Virginia, but our commissioners insisted that the surveying instruments used by the Virginians were not to be trusted, and the meeting broke up without having accomplished anything except the charge from the Virginians that Moseley did not want the line run because he was trad ing in disputed lands. 8 When the commissioners from these 20 HISTORY OF WESTERN NORTH CAROLINA two colonies did meet in March 1728, it was found that our commissioners had been right in 1710 as to the inaccuracy of the Virginia instruments, and the Virginians frankly admit ted it. 9 North Carolina and Virginia Boundary. x ° On the 27th of February, 1728, William Byrd, Will Dandridge, and Richard FitzwiUiam, as commissioners from Virginia, met Edward Moseley, C. Gale, Will Little and J. Lovick, as com missioners from North Carolina, at Corotuck Inlet, and began the survey on the 27th day of March, and continued it till the weather got "warm enough to give life and vigor to the rat tlesnakes" in the beginning of April, when they stopped till September 20, when the survey was renewed; and after going a certain distance beyond their own inhabitants the North Carolina commissioners refused to proceed further, and pro tested against the Virginia commissioners proceeding further with it.11 In this they were joined by FitzwiUiam of Vir ginia. This protest was in writing and was delivered October 6, when they had proceeded 170 miles to the southern branch of the Roanoke river "and near 50 miles without inhabitants, " which they thought would be far enough for a long time. To this the two remaining Virginia commissioners, Byrd and Dan dridge, sent a written answer, to the effect that their order was to run the line "as far towards the mountains as they could; they thought they should go as far as possible so that "His Majesty's subjects may as soon as possible extend themselves to that natural barrier, as they are certain to do in a few years;" and thought it strange that the North Carolina com missioners should stop "within two or three days after Mr. Mayo had entered with them near 2,000 acres within five miles of the place where they left off." Byrd and Dandridge Continue Alone. The North Carolina commissioners, accompanied by FitzwiUiam of Vir ginia, left on October 8th; but Byrd and Dandridge continued alone, crossing Matrimony creek, "so called from being a lit tle noisy, " and saw a little mountain five miles to the north west "which we named the Wart. " 1 2 On the 25th of October they came in plain sight of the moun tains, and on the 26th, they reached a rivulet which "the traders say is a branch of the Cape Fear. " Here they stop ped. This was Peters creek in what is now Stokes county. x 3 BOUNDARIES 21 It was on this trip that Mr. Byrd discovered extraordinary virtues in bear meat. This point 1 4 was on the northern bound ary of that part of old Surry which is now Stokes county. The "Break" in the Line Accounted for. A glance at the map will show a break in the line between Virginia and North Carolina where it crosses the Chowan river. This is thus accounted for:16 Governors Eden of North Carolina and Spottswood of Virginia met at Nansemond and agreed to set the compass on the north shore of Currituck river or inlet and run due west; and if it "cutt [sic] Chowan river between the mouths of Nottoway and Wiccons creeks, it shall continue on the same course towards the mountains; but it it "cutts Chowan river to the southward of Wiccons creek, it shall con tinue up the middle of Chowan river to the mouth of Wiccons creek, and from thence run due west." It did this; and the survey of 1728 was not an attempt to ascertain and mark the parallel of 36° 30', but "an attempt to run a line between cer tain natural objects . . . regardless of that line and agreed upon as a compromise by the governors of the two States." 1 6 The Real Milk in the Cocoanut. Thus, so far as the Colonial Records show, ended the first survey of the dividing line between this State and Virginia, which one of the Virginia commissioners has immortalized by his matchless account, which, however, was not given to the world until 1901, when it was most attractively published by Doubleday, Page & Co., after careful editing by John Spencer Bassett. But Col. Byrd does not content himself in his "Writings" with the insinuation that the North Carolina commissioners and Mr. Mayo had lost interest immediately after having entered 2,000 acres of land within five miles of the end of their survey. He goes further and charges (p. 126) that, including Mr. FitzwiUiam, one of the Virginia commissioners, "they had stuck by us as long as our good liquor lasted, and were so kind to us as to drink our good Journey to the Mountains in the last Bottle we had left!" He also insinuates that FitzwiUiam left because he was also a judge of the Williamsburg, Virginia, court, and hoped to draw double pay while Byrd and Dandridge con tinued to run the line after his return. But in this he exult antly records the fact that FitzwiUiam utterly failed. The Ninety-Mile Extension in 1749. In October, 1749, the line between North Carolina and Virginia was extended 22 HISTORY OF WESTERN NORTH CAROLINA from Peters creek, where it had ended in 1728 — which point is now in Stokes county — ninety miles to the westward to Steep Rock creek, crossing "a large branch of the Mississippi [New River], which runs between the ledges of the moun tains" — as Governor Johnston remarked — "and nobody ever drempt of before." William Churton and Daniel Weldon were the commissioners on the part of North Carolina, and Joshua Fry and Peter Jefferson on the part of Virginia. "It so happens, however, that no record of this survey has been preserved, and we are today without evidence, save from tradition, to ascertain the location of our boundary for ninety miles." 17 This extension carried the line to within about two miles east of the Holston river; and we know from the statute of 1779 providing for its further extension from that point upon the latitude of 36° 30' that it had been run considerably south of that latitude from Peters creek to Pond mountain, from which point it had, apparently without rhyme or reason, been run in a northeastwardly direction to the top of White Top mountain, 1 8 about three miles north of its former course, and from there carried to Steep Rock creek, near the Holston river, in a due west course. The proverbial still-house, said to have been on White Top, is also said to have caused this aberration; but the probability is that the commissioners had a more substantial reason than that. The Last Extension of This Line. In 1779 North Caro lina passed an act19 reciting that as "the inhabitants of this State and of the Commonwealth of Virginia have settled them selves further westwardly than the boundary between the two States hath hitherto been extended, it becomes expedient in order to prevent disputes among such settlers that the same should be now further extended and marked. " To that end Orandates — improperly spelled in the Revised Statutes of 1837, Vol. ii, p. 82, "Oroondates" — Davie, John Williams Caswell, JamesKerr,WilliamBailey Smith and Richard Henderson should be the commissioners on the part of North Carolina to meet similar commissioners from Virginia to still further extend it. But it was expressly provided that they should begin where the commissioners of 1749 had left off, and first ascertain if it be in latitude 36° 30', "and if it be found to be truly in" that latitude, then they were "to run from thence due west BOUNDARIES 23 to the Tennessee or the Ohio river; or if it be found not truly in that latitude, then to run from said place, due north or due south, into the said latitude, and thence due west to the said Tennessee or Ohio river, correcting the said course at due intervals by astronomical observations."20 Colonial Records. Vol. iv, p. 13.) The Line Run in 1780. Richard Henderson was appoint ed on the part of North Carolina, and Dr. Thomas Walker on that of Virginia, to run this line, and they began their task in the spring of 1780; and on the last day of March of that year Col. Richard Henderson met the Donelson party on its way from the Watauga settlements to settle at the French Lick, in the bend of the Cumberland. (Roosevelt, Vol. iii, p. 242.) But nine years before, in 1771, Anthony Bledsoe, one of the new-comers to the Watauga settlement, being a practical surveyor, and not being certain that that settlement was wholly within the borders of Virginia, extended the line of 1749 from its end near the Holston river far enough to the west to satisfy himself that the new settlement on the Watauga was in North Carolina. 2 x Disputed Carolina Boundary Lines. From the Prefa tory Notes to Volume V, Colonial Records, p. 35, etc., it appears that the dispute between the two Carolinas as to boundary lines began in 1720 "when the purpose to erect a third Province in Carolina, 2 2 with Savannah for its northern boundary," began to assume definite shape, but nothing was done till January 8, 1829-30, when a line was agreed on "to begin 30 miles southwest of the Cape Fear river, and to be run at that parallel distance the whole course of said river;" and in the following June Governor Johnson of South Caro lina recommended that it run from a point 30 miles south west of the source of the Cape Fear, shall be continued "due west as far as the South Sea," unless the "Waccamaw river lyes [sic] within 30 miles of the Cape Fear river," in which case that river should be the boundary. This was accepted by North Carolina until it was discovered that the "Cape Fear rose very close to the Virginia border,"23 and would not have "permitted any extension on the part of North Caro lina to the westward." Meanwhile, both provinces claimed land on the north side of the Waccamaw river."24 In 1732 Gov. Burrington [of North Carolina] published a proclama- 24 HISTORY OF WESTERN NORTH CAROLINA tion in Timothy's Southern Gazette, declaring the lands lying on the north side of the Waccamaw river to be within the Province of North Carolina, to which Gov. Johnson [of South Carolina] replied by a similar proclamation claiming the same land to belong to South Carolina; and also claiming that when they [the two governors] had met before the Board of Trade in London to settle this matter in 1829-30, Barrington had "insisted that the Waccamaw should be the boundary from its mouth to its head," while South Carolina had contended that "the line should run 30 miles distant from the mouth of the Cape Fear river on the southwest side thereof, as set forth in the instructions, and that the Board had agreed thereto, unless the mouth of the Waccamaw river was within 30 miles of the Cape Fear river; in which case both Governor Barring- ton and himself had agreed that the Waccamaw river should be the boundary." The omission of the word "mouth" in the last part of the instructions Governor Johnson thought "only a mistake in wording it. " 2 5 The Line Partially Run in 1735. In consequence of this dispute commissioners were appointed by both colonies, who were to meet on the 23d of April, 1735, and run a due west line from the Cape Fear along the sea coast for thirty miles, and from thence proceed northwest to the 35th degree north latitude, and if the line touched the Pee Dee river be fore reaching the 35th degree, then they were to make an offset at five miles distant from the Pee Dee and proceed up that river till they reached that latitude; and from thence they were to proceed due west until they came to Catawba town; but if the town should be to the northward of the line, "they were to make an offset around the town so as to leave it in the South government." They began to run the line in "May, 1735, and proceeded thirty miles west from Cape Fear . . . and then went northwest to the country road and set up stakes there for the mearing26 or boundary of the two provinces, when they separated, agreeing to return on the 18th of the following September. " In September the line was run northwest about 70 miles, the South Carolina commis sioners not arriving till October. These followed the line run by the North Carolina commissioners about 40 miles and finding it correct, refused to run it further because they had not been paid for their services. A deputy surveyor, how- BOUNDARIES 25 ever, took the latitude of the Pee Dee at the 35th parallel and set up a mark, which was from that date deemed to be the mearing or boundary at that place. Line Extended in 1737 and in 1764. In 1737 the line was extended in the same direction 22 miles to a stake in a meadow supposed to be at the point of intersection with the 35th parallel of north latitude.27 In 1764 the line was ex tended from the stake due west 62 miles, intersecting the Charleston road from Salisbury, near Waxhaw creek28 at a distance of 61 miles. The "Line of 1772." In 1772, after making the required offsets so as to leave the Catawba Indians in South Carolina in pursuance of the agreement of 1735, the line was "ex tended in a due west course from the confluence of the north and south forks of the Catawba river to Tryon mountain." But North Carolina refused to agree to this line, insisting that "the parallel of 35° of north latitude having been made the boundary by the agreement of 1735, it could not be changed without their consent. . . . The reasons that controlled the commissioners in recommending this course . . . were that the observations of their own astronomer, President Cald well of the University, showed there was a palpable error in running the line from the Pee Dee to the Salisbury road, that line not being upon the 35th parallel, but some 12 miles to the South of it, and that "the line of 1772" was just about far enough north of the 35th parallel to rectify the error, by allowing South Carolina to gain on the west of the Catawba river substantially what she had lost through misapprehen sion on the east of it." North Carolina in 1813 "agreed that the line of 1772" should be recognized as a part of the bound ary. 29 "The zig-zag shape of the line as it runs from the southwest corner of Union county to the Catawba river is due to the offsets already referred to, and which were neces sary to throw the reservation of Catawba Indians into the Province of South Carolina. " Northern and Southern Boundaries. The peace of 1783 with Great Britain did nothing more to secure our west ern limits than to confirm us in the control of the territory already in our possession; for while the Great Lakes were rec ognized as our northern boundary, Great Britain failed to formally admit that boundary till the ratification of the Jay 26 HISTORY OF WESTERN NORTH CAROLINA treaty, on the ground that we had failed to fulfill certain promises; and while she had likewise consented to recognize the 31st parallel as our southern boundary, it had been secretly agreed between America and Great Britain that, if she recov ered West Florida from Spain, the boundary should run a hundred miles further north than the 31st parallel. For this land, drained by the Gulf rivers, had not been England's to grant, as it had been conquered and was then held by Spain. Nor was it actually given up to us until it was acquired by Pinckney's masterly diplomacy. (Roosevelt, Vol. iii, p. 283 et seq.) France's Duplicity. The reasons for these reservations were that while France had been our ally in the Revolution ary war, Spain was also the ally of France both before and after the close of that conflict; and our commissioners had been instructed by Congress to "take no steps without the knowledge and advice of France." It was now the interest of France to act in the interest of Spain more than in that of America for two reasons, the first of which was that she wished to keep Gibralter, and the second, that she wished to keep us dependent on her as long as she could. Spain, however, was quite as hostile to us as England had been, and predicted the future expansion of the United States at the expense of Flor ida, Louisiana and Mexico. Therefore, she tried to hem in our growth by giving us the Alleghanies as our western boundary. The French court, therefore, proposed that we should content ourselves with so much of the trans-AUeghany territory as lay around the head waters of the Tennessee and between the Cumberland and Ohio, all of which was already settled; "and the proposal showed how important the French court deemed the fact of actual settlement. " But John Jay, supported by Adams, disregarded the instructions of Congress and negotiated a separate treaty as to boundaries, and gave us the Missis sippi as our western boundary, but leaving to England the free navigation of the Mississippi. 2 (Roosevelt, Vol. iii, p. 284.) Inchoate Rights Only Under Colonial Charters. "In settling the claims to the western territory, much stress was laid on the old colonial charters; but underneath all the verbiage it was practically admitted that these charters con ferred merely inchoate rights, which became complete only after conquest and settlement. The States themselves had BOUNDARIES 27 already by their actions shown that they admitted this to be the case. Thus, North Carolina, when by the creation of Washington county — now the State of Tennessee, — she rounded out her boundaries, specified them as running to the Mis sissippi. As a matter of fact the royal grant, under which alone she could claim the land in question, extended to the Pacific; and the only difference between her rights to the regions east and west of the river was that her people were settling in one, and could not settle in the other. " (Roosevelt, Vol. iii, p. 285.) Western Lands an Obstacle. One of the chief objec tions to the adoption of the Articles of Confederation, which Congress formulated and submitted to the States November 15, 1777, by some of the States was that each State had con sidered that upon the Declaration of Independence it was pos sessed of all the British lands which at any time had been in cluded within its boundary; and Virginia, having in 1778, cap tured a few British forts northwest of the Ohio, created out of that territory the "County of Illinois," and treated it as her property. Other States, having small claims to western ter ritory, insisted that, as the western territory had been secured by a war in which all the States had joined, all those lands should be reserved to reward the soldiers of the Continental army and to secure the debt of the United States. Maryland, whose boundaries could not be construed to include much of the western land, refused to ratify the articles unless the claim of Virginia should be disallowed. It was proposed by Vir ginia and Connecticut to close the union or confederacy with out Maryland, and Virginia even opened a land office for the sale of her western lands; but without effect on Maryland. At this juncture, New York, which had less to gain from western territory than the other claimants, ceded her claims to the United States; and Virginia on January 2, 1781, agreed to do likewise. Thereupon Maryland ratified the articles, and on March 1, 1781, the Articles of Confederation were duly put into force. From that date Congress was acting under a written charter or constitution. (Hart, Sec. 45.) Cession of Western Territory. When, at the close of the Revolution, it became necessary that Congress take steps to carry out the pledge it had given (October 10, 1780) to see that such western lands should be disposed of for the common 28 HISTORY OF WESTERN NORTH CAROLINA benefit, and formed into distinct republican States under the Union, it urged the States to cede their western territory to it to be devoted to the payment of the soldiers and the payment of the national debt. The northern tier of States soon after wards ceded their territory, with certain reservations; but the process of cession went on more slowly and less satisfac torily in the southern States. Virginia retained both juris diction and land in Kentucky, while North Carolina, in 1790, granted "jurisdiction over what is now Tennessee," but every acre of land had already been granted by the State. (Hart, Sec. 52). This, however, is not strictly true, much Tennessee land not having been granted then. The Carolinas Agree to Extend "The Line of 1772." In 1803 the Legislature of North Carolina passed an act (Rev. Stat. 1837, Vol. II, p. 82) for the appointment of three com missioners to meet other commissioners from South Carolina, to fix and establish permanently the boundary line between these two States "as far as the eastern boundary of the terri tory ceded by the State of North Carolina to the United States. This act was amended in 1804, giving "the governor for the time being and his successor full power and authoriy to enter into any compact or agreement that he may deem most advisable " with the South Carolina and Georgia authori ties for the settlement of the "boundary lines between these States and North Carolina." But this act seems only to have caused confusion and necessitated the passage of another act in 1806 declaring that the act of 1804 should "not be con strued to extend or have any relation to the State of Georgia. " (Rev. Stat. 1837, p. 84.) Commissioners Meet in Columbia in 1808. 30 Commis sioners of the States of North and South Carolina, however, met in Columbia, S. C, on the 11th of July, 1808, and among other things agreed to extend the line between the two States from the end of the line which had been run in 1772 "a direct course to that point in the ridge of mountains which divides the eastern from the western waters where the 35° of North latitude shall be found to strike it nearest the termination of said line of 1772, thence along the top of said ridge to the western extremity of the State of South Carolina. It being understood that the said State of South Carolina does not mean by this arrangement to interfere with claims which the BOUNDARIES 29 United States, or those holding under the act of cession to the United States, may have to lands which may lie, if any there be, between the top of the said ridge and the said 35° of north latitude." Agreement of September, 1813. 31 But, although the commissioners from the two States met at the designated point on the 20th of July, 1813, they found that they could not agree as to the "practicability of fixing a boundary line according to the agreement of 1808," and entered into an other agreement "at McKinney's, on Toxaway river, on the fourth day of September, 1813, " by which they recommended that their respective States agree that the commissioners should start at the termination of the line of 1772 "and rim a line due west to the ridge dividing the waters of the north fork of the Pacolet river from the waters of the north fork of Saluda river; thence along the said ridge to the ridge that divides the Saluda waters from those of Green river; thence along the said ridge to where the same joins the main ridge which divides the eastern from the western waters, and thence along the said ridge to that part of it which is intersected by the Cherokee boundary line run in the year 1797; from the center of the said ridge at the point of intersection the line shall extend in a direct course to the eastern bank of Chatooga river, where the 35° of north latitude has been found to strike it, and where a rock has been marked by the aforesaid com missioners with the following inscription, viz.: lat. 35°, 1813. It being understood and agreed that the said lines shall be so run as to leave all the waters of Saluda river within the State of South Carolina; but shall in no part run north of a course due west from the termination of the line of 1772." The commissioners who made the foregoing agreement were, on the part of North Carolina, John Steele, Montfort Stokes, and Robert Burton, and on the part of South Carolina Joseph Blythe, Henry Middleton, and John Blasingame. Rev. Stat. 1837, Vol. ii, p. 86). Commissioners Appointed in 1814. Pursuant to the above provisional articles of agreement North Carolina in 1814 ap pointed General Thomas Love, General Montfort Stokes and Col. John Patton commissioners to meet other commission ers from South Carolina to run and mark the boundary line between the two States in accordance with the recommenda- 30 HISTORY OF WESTERN NORTH CAROLINA tion of the commissioners who had met and agreed, "at Mc Kinney's, on Toxaway river, on the 4th of September, 1813." (Rev. Stat. 1837, Vol. ii, p. 87). Around Head Springs of Saluda River. 3 2 But these commissioners met and found, "by observations and actual experiments that a course due west from the termination of the line of 1772 would not strike the point of the ridge divid ing the waters of the north fork of Pacolet river from the waters of the north fork of Saluda river in the manner con templated, . . . and finding also that running a line on top of the said ridge so as to leave all the waters of Saluda river within the State of South Carolina would (in one place) run a little north of a course due west from the termination of the said line of 1772," agreed to run and mark a line "on the ridge around the head springs of the north fork of Saluda river," and recommended that such line be accepted by the two States. Termination of 1772 Line Starting Point of 1815 Line. Therefore the Legislature of North Carolina passed an act (Rev. Stat. 1837, Vol. ii, p. 89) fixing this line as "beginning on a stone set up at the termination of the line of 1772" and marked "N. C. and S. C. September fifteenth, eighteen hun dred and fifteen, " running thence west four miles and ninety poles to a stone marked N. C. and S. C, thence south 25° west 118 poles to the top of the ridge dividing the waters of the north fork of the Pacolet river from the north fork of the Saluda river . . . thence to the ridge that divides the Saluda waters from those of Green river and thence along that ridge to its junction with the Blue Ridge, and thence along the Blue Ridge to the line surveyed in 1797, where a stone is set up marked N. C. and S. C. 1813; and from this stone "a direct line south 6834° west 20 miles and 11 poles to the 35° of north latitude at the rock in the east bank of the Chatooga river, marked latitude 35 AD: 1813, in all a distance of 74 miles and 189 poles." Confirmation of Boundary Lines. In 1807 the North Carolina Legislature passed an act (Rev. Stat. 1837, Vol. ii, p. 90) which "fully ratified and confirmed" these two agreements, and another act (Rev. Stat. Vol. ii, p. 92) reciting that these two sets of commissioners "in conformity with these articles of agreement" had "run and marked in part the boundary BOUNDARIES 31 line between the said States." This act further recites that the North Carolina commissioners "have reported the run ning and marking of said boundary line as follows: "To commence at Ellicott's rock,33 and run due west on the 35° of north latitude, and marked as follows: The trees on each side of the line with three chops, the fore and aft trees with a blaze on the east and west side, the mile trees with the number of miles from Ellicott's rock, on the east side of the tree, and a cross on the east and west side; whereupon the line was commenced under the superintendance of the undersigned com missioners jointly: Timothy Tyrrell, Esquire, surveyor on the part of the commissioners of the State of Georgia, and Robert Love, surveyor on the part of the commissioners of the State of North Carolina — upon which latitude the undersigned caused the line to be extended just thirty miles due west, marking and measuring as above described, in a conspic uous manner throughout; in addition thereto they caused at the end of the first eleven miles after first crossing the Blue Ridge, a rock to be set up, descriptive of the line, engraved thereon upon the north side, Sep tember 25, 1819, N. C, and upon the south side 35 degree N. L. G.; then after crossing the river Cowee or Tennessee, at the end of sixteen miles, near the road, running up and down the said river, a locust post marked thus, on the South side Ga. October 14, 1819; and on the north side, 35 degree N. L. N. C., and then at the end of twenty-one miles and three quarters, the second crossing of the Blue Ridge, a rock engraved on the North side 35 degree N. L. N. C., and on the south side Ga. 12th Oct., 1819; then on the rock at the end of the thirty miles, engraved thereon, upon the north side N. C. N.. L. 35 degrees, which stands on the north side of a mountain, the waters of which fall into Shooting Creek, a branch of the Hiwassee, due north of the eastern point of the boundary line, between the States of Georgia and Tennessee, commonly called Montgomery's line, just six hundred and sixty-one yards. " The Legislature then enacted "That the said boundary line, as described in the said report, be, and the same is hereby fully established, ratified and confirmed forever, as the bound ary line between the States of North Carolina and Georgia." The last section of the act confirming the survey of the line from the Big Pigeon to the Georgia line, as run and marked by the commissioners of North Carolina and Tennessee in 1821, (Rev. Stat. 1837, Vol. ii, p. 97) provides "that a line run and known by the name of Montgomery's line, beginning six hundred and sixty-one yards due south of the termination of the line run by the commissioners on the part of this State and the State of Georgia, in the year one thousand eight hun dred and nineteen, ending on a creek near the waters of Shoot ing Creek, waters of Hiwassee, then along Montgomery's 32 HISTORY OF WESTERN NORTH CAROLINA line till it strikes the line run by commissioners on the part of North Carolina and Tennessee in 1821, to a square post marked on the east side N. C. 1821, and on the west side Tenn. 1821, and on the south side G. should to be the divid ing line between North Carolina and Georgia, so soon as the above line shall be ratified on the part of the State of Georgia." ORIGIN OF THE WALTON WAR. "North Carolina claimed for her southern boundary the 35th degree of north latitude. The line of this parallel, however, was at that time supposed to run about twelve miles north of what was subsequently ascertained to be its true location. Between this supposed line of 35° north latitude and the northernmost boundary of Georgia, as settled upon by a convention between that State and South Carolina in 1787, there intervened a tract of country of about twelve miles in width, from north to south, and extending from east to west, from the top of the main ridge of mountains which divides the eastern from the western waters to the Mississippi river. This tract remained, as was supposed, within the chartered limits of South Carolina, and in the year 1787 was ceded by that State to the United States, subject to the Indian right of occupancy. When the Indian title to the country therein described was ceded to the United States by the treaty of 1798 with the Cherokees, the eastern portion of this 12-mile tract fell within the limits of such cession. On its eastern extremity near the head-waters of the French Broad river, immediately at the foot of the main Blue Ridge Mountains, had been located, for a number of years prior to the treaty, a settlement of about fifty families of whites, who, by its ratification became occupants of the public domain of the United States, but who were outside of the territorial jurisdiction of any State. These settlers petitioned Congress to retrocede the tract of country upon which they resided to South Caro lina, in order that they might be brought within the protection of the laws of that State. A resolution was reported in the House of Repre sentatives from the committee to whom the subject had been referred, favoring such a course, but Congress took no effective action on the sub ject, and when the State boundaries came finally to be adjusted in that region the tract in question was found to be within the limits of North Carolina."34 The Walton War. That there should have been great confusion and uncertainty as to the exact boundary lines between the States in their earlier history is but natural, especially in the case where the corners of three States come together, and still more especially when they come together in an inaccessible mountainous region, such as characterized the cornerstone between Georgia, South and North Caro- BOUNDARIES 33 lina. And that renegades and other lawless adventurers should take advantage of such a condition is still more natural. It is, therefore, not surprising to read in "The Heart of the Alleghanies," (p. 224-5) that: "In early times, criminals and refugees from justice made the fastnesses of the wilderness hiding places. Their stay, in most cases, was short, seclusion furnishing their profession a barren field for operation. A few, however, remained, either adopting the wild, free life of the chase, or preying upon the property of the community." Walton County. Such a community existed at the com mencement of the last century on the head waters of the French Broad river in what are now Jackson and Transyl vania counties. Some even claimed that this territory be longed to South Carolina. But Georgia, about December, 1803, created a county within this territory and called it Walton county. Georgia naturally attempted to exercise jurisdiction over what it really believed was its own territory, and North Carolina as naturally resisted such attempts. Consequently, there were "great dissentions, . . . the said dissentions having produced many riots, affrays, assaults, batteries, woundings and imprisonments." The North Carolina and Georgia Line. On January 13, 1806, Georgia presented a memorial to the House of Rep resentatives of Congress, complaining that North Carolina was claiming lands lying within the State of Georgia, and asking that Congress interpose and cause the 35th degree of north latitude to be ascertained and the line between the two States plainly marked. The Twelve Miles "Orphan" Strip. This was referred to a committee which, on February 12th, reported that "be tween the latitude of 35° north, which is the southern boundary claimed by North Carolina, and the northern boundary of Georgia, as settled by a convention between that State and South Carolina, intervenes a tract of country supposed to be about twelve miles wide, from north to south, and extending in length from the western boundary of Georgia, at Nicajack, on the Tennessee, to his northeastern limits at Tugalo, and was consequently within the limits of South Carolina, and in the year 1887 it was ceded to the United States, who [sic] accepted the cession." This territory remained in the posses sion of the United States until 1802, when it was ceded to the W. N. C 3 34 HISTORY OF WESTERN NORTH CAROLINA State of Georgia, when the estimated number of Settlers on it was 800. It was not known where these settlers came from; but the land had belonged to the Cherokees until 1798 when a part of it was purchased by the whites by treaty held at Tellico. 3 5 Walton County, Georgia. At the earnest entreaty of these inhabitants Georgia in 1803 formed the inhabited part of this territory into Walton county and appointed commis sioners to meet corresponding commissioners to be appointed by North Carolina to ascertain and mark the line. But Congress took no definite action on this report. A Survey Agreed Upon. The two States, in 1807, came to an agreement as to the basis of a survey. In a letter dated at Louisville, Ga., December 10, 1806, Gov. Jared Irwin to Gov. Nathaniel Alexander of North Carolina, enclosed sun dry resolutions adopted by the legislature of Georgia, and announced that that body had appointed Thomas P. Carnes, Thomas Flournoy and William Barnett as commissioners to ascertain the 35th° of north latitude "and plainly mark the dividing line between the States of North Carolina and Geor gia." On January 1, 1807, Gov. Alexander enclosed to Gov. Irwin a copy of an act of the legislature passed at the preced ing session assenting to the proposition of Georgia and ap pointing John Steele, John Moore and James Welbourne commissioners on the part of North Carolina. It was sub sequently agreed that the commissioners from both States should meet at Asheville June 15, 1807; Rev. Joseph Caldwell, president of the North Carolina University, was the scientist for North Carolina, while Mr. J. Meigs represented Georgia in that capacity. The Record. In the minute docket of the county court of Buncombe, pp. 104 and 363, the proceedings of these com missioners are set forth in full, showing that Thomas Flour noy, one of the Georgia commissioners, did not attend but that on the 18th of June, 1807, the others met at Bun combe court house and agreed on a basis of procedure, the most important point being that the 35th parallel was to be first ascertained, after which it was to be marked and agreed on as the line. This they proceeded to do, with the result that on the 27th of June, at Douthard's gap on the summit of the BOUNDARIES 35 Blue Ridge, they signed a supplemental agreement to the effect that they had discovered by repeated astronomical ob servations that the 35th degree of north latitude is not to be found on any part of said ridge east of the line established by the general government as the temporary boundary between the white people and the Indians, and having no authority to proceed over that boundary "in order to ascertain and mark that degree," they agreed that Georgia had no right to claim any part of the territory north or west of the Blue Ridge and east or south of the present temporary line between the whites and Indians; and would recommend to the Georgia Legislature that it repeal the act which had established the county of Walton on North Carolina soil. Both sets of commissioners then agreed to recommend amnesty for all who had been guilty of violating the laws of either State under the assumption that it had no jurisdiction over that territory. Following is the story as to how they had reached this agree ment: The "Astonishment" of the Georgians.36 These scien tists made their first observations at the house of Mr. Amos Justice, which they supposed to be on or near the dividing line of 35° north latitude, but discovered that it was "22 miles with in old Buncombe," which astonished them; for Mr. Sturges, the Surveyor General of Georgia, had previously ascertained this meridian to be at the junction of Davidson's and Little rivers. But, said the Georgia commissioners in their report to their governor, they were "accompanied by an artist [sic] appointed by the government [of the United States] whose talents and integrity we have no reason to doubt," whose observations accorded very nearly with their own; they "were under the necessity of suspending our astonishment and pro ceeding on the duty assigned us. " Supplementary Agreement at Caesar's Head. When they got to the junction of Davidson and Little rivers and found that they were stUl 17 minutes north of the 35th meridian, they "proceeded to Cesar's Head, a place on the Blue Ridge about 12 horizontal miles directly south and in the vicinity of Douthet's Gap, which was from 2' 57" to 4' 54" north of the 35th parallel. They then signed the supplementary agreement of June 27. 36 HISTORY OF WESTERN NORTH CAROLINA Georgia's Sporting Blood. On December 28, 1808, Gov. Irwin of Georgia wrote to Governor Stone of North Carolina, asking for the appointment of a new commission on the part of North Carolina to meet one already appointed by the leg islature of Georgia; but Gov. Stone declined in a communi cation of March 21, 1809, in which he states that it "does not readily occur to us on what basis the adjustment is to rest, if not upon that where it now stands — the plighted faith of two States to abide by the determination of commissioners mutu ally chosen for the purpose of making the adjustment those commissioners actually made". On December 7, 1807, North Carolina had adopted and ratified the joint report of the com missioners of the two States and on December 18 "passed an act of amnesty for offenders within the disputed territory. " 3 7 Georgia is Snubbed. 3 7 But Georgia sent still another petition to Congress by way of appeal, and its legislature on December 5, 1807, "put forth an earnest protest against the decision arrived at by their own commissioners." But al though on April 26, 1810, Mr. Bibb of Georgia, asked the United States to appoint some person to run the dividing line, and it was referred to a select committee on the 27th of the following December, that committee never reported. Georgia must have become reconciled, however, for in 1819 its legislature refused relief to certain citizens who had claimed land in this disputed territory. Contour Map and 35th Parallel. The late Captain W. A. Curtis, for a long time editor of the Franklin Press, said, in "A Brief History of Macon County," (1905) p. 23, 38 that "it has long been accepted as a fact that the southern bound ary of Macon and Clay counties, constituting the State line between North Carolina and Georgia, is located on the 35th parallel of north latitude. This is either a mistake or else the latest topographical charts are incorrect. According to the charts a straight line starts from the top of Indian Camp mountain on the southern boundary of Translyvania county, 6M miles north of the 35th parallel, and dips somewhat south of west until it reaches the Endicott (Ellicut) Rock at the corner of South Carolina exactly on the 35th parallel, and, instead of turning due west at this place, it continues on a straight line for about twenty miles, or to 833^ degrees west longitude, which is near the top of the Ridge Pole, close by BOUNDARIES 37 the southwest corner of Macon county; then it turns due west, running parallel with the 35th, and about one mile south of it, on towards Alabama. One peculiarity of this survey is that Estatoa, or Mud Creek Falls, which has long been considered as being in Georgia, are, according to the map, in North Carolina. Mud creek crosses the State line a few yards above the falls into North Carolina, and at about half way between the falls and the Tennessee river passes back into Georgia. But, by examining some old records belonging to the State Library at Raleigh in 1881, I am convinced that the line between the States of Georgia and North Carolina has never been correctly surveyed." The North Carolina and Tennessee Boundary. By the Cessions Act, Revised Statutes, 1837, Vol. ii, p. 171, North Carolina authorized one or both United States Senators or any two members of Congress to execute a deed or deeds to the United States of America of the lands west of a line begin ning on the extreme height of the Stone mountain, at the place where the Virginia line intersects it, running thence along the extreme height of the said mountain to the place where Watauga river breaks through it, thence a direct course to the top of the Yellow Mountain, where Bright's road crosses the same, thence along the ridge of said mountains between the waters of Doe river and the waters of Rock creek to the place where the road crosses the Iron mountain, from thence along the extreme height of said mountain, to where Nole- chucky river runs through the same, thence to the top of the Bald mountain, thence along the extreme height of the said mountain to the Painted Rock, on French Broad river, thence along the highest ridge of the said mountain to the place where it is called the Great Iron or Smoky mountain, thence along the extreme height of said mountain to the place where it is called Unicoy or Unaka mountain, between the Indian towns of Cowee and Old Chota, thence along the main ridge of the said mountain to the southern boundary of this State." The 10th section provided that "this act shall not prevent the people now residing south of French Broad, between the rivers Tennessee and Pigeon, from entering their pre-emp tions on that tract, should an office be opened for that purpose under an act of the present general assembly." 38 HISTORY OF WESTERN NORTH CAROLINA To Pay Debts and Establish Harmony. The reasons for making this cession are set out in the act itself and are to the effect that Congress has "repeatedly and earnestly recom mended to the respective States . . . claiming or owning vacant western territory," to make cession to part of the same, as a further means "of paying the debts and establish ing the harmony of the United States;" "and the inhabitants of the said western territory being also desirious that such cession should be made, in order to obtain a more ample pro tection than they have heretofore received." The act also provides that neither the land nor the inhabitants of the ceded territory shall be estimated in ascertaining North Carolina's proportion of the common expense occasioned by the war for independence. Also that in case the lands laid off by North Carolina for the "officers and soldiers of the Continental line" shall not "contain a sufficient quantity of lands fit for cultiva tion to make good the quota intended by law for each, such officer or soldier who shall fall short of his proportion may make up the deficiency out of lands of the ceded territory." Having been admonished by the claim of the citizens of Watauga that until Congress should accept the ceded territory they would be in a state "of political orphanage," the legislature, later in the session of 1784, had been careful to pass another act by which North Carolina retained jurisdiction and sover eignty over the land west of the mountains, and continued in force all existing North Carolina laws, "until the same shall be repealed or otherwise altered by the legislative authority of said territory." The act ordering the survey is ch. 461, Potter's Revisal, p. 816, Laws 1796. The First Tennessee Boundary Survey. From the narratives of David Vance and Robert Henry of the battles of Kings Mountain 3 9 and Cowan's Ford, as well as from the dairy of John Strother, can be gathered a fine account of the survey from Virginia to the Painted Rock on the French Broad and the Stone on the Cataloochee Turnpike. The sur vey began on the 20th of May and ended Friday the 28th of June, 1799. The original of Strother's diary is filed in the suit of the Virginia, Tennessee & Carolina Steel and Iron Com pany vs. Newman, in the United States court at Asheville, N. C. The actual survey began May 22d, "at a sugar-tree and beech on Pond mountain, so called from two small ponds on it." BOUNDARIES 39 Both trees are now gone, and a stone four feet by two feet by sixteen inches in thickness, is buried in the ground where they stood, with a simple cross, east and west, chiseled upon it. Its upper surface is level with the ground, and it was placed there in 1899 or 1900 by a Mr. Buchanan of the United States coast survey. Marion Miller and John and Alfred Bivins assisted him. Mr. Miller still lives within a mile and a half of the corner rock. Strother's party set out from Asheville May 12, and reached Capt. Robert Walls on New River, where Strother arrived on the 17th, and met with Major Mussendine Mathews, of whom Judge David Schenck says40 that he "rep resented Iredell county in the House of Commons from 1789 to 1802 continuously. He was either a Tory or a Cynic, it seems." They were awaiting the arrival of Col. David Vance and Gen. Joseph McDowell, but as they did not come, Strother went to the house of a Mr. Elsburg on the 18th. The Party Gathers. Col. Vance and Major B. Collins arrived on the 19th, and they all went to Captain Isaac Weaver's. They were General Joseph McDowell, Col. David Vance, Major Mussendine Mathews, commissioners; John Strother and Robert Henry, surveyors; Messers. B. Collins, James Hawkins, George Penland, Robert Logan, Geo. David son, and J. Matthews, chain-bearers and markers; Major James Neely, commissary; two pack-horse men and a pilot. They camped that night on Stag creek. On the night of the 23d of May they camped "at a very bad place" in a low gap at the head of Laurel Fork of New river and Laurel Fork of Holston at the head of a branch, "after having passed through extreme rough ground and some bad laurel thickets." A road now runs through that laurel thicket, built since the Civil War, and runs from Hemlock postoffice, where there is now a narrow gauge lumber railroad and an extract plant, to Laurel Bloom- ery, in Tennessee. A small hotel now stands half on the North Carolina and half on the Tennessee side of the line those men then ran, and the gap is called "Cut Laurel" gap because it is literally cut through the laurel for a mile or more. 4 x Thou sands of gallons of blockade whiskey used to be carried through that gap when there was nothing but a trail there. It is called by Mr. Strother a low gap, but it is one of the highest in the mountains. On the 28th they went to a Mr. Miller's and got a young man to act as a pilot. Strother went from Miller's 40 HISTORY OF WESTERN NORTH CAROLINA "to Cove creek, where I got a Mr. Curtis and met the company in a low gap between the waters of Cove creek and Roan's creek where the road crosses the same," on Wednesday night, the 29th. Crossed Boone's Trail. This, in all probability, is the gap through which Daniel Boone and his party had passed in 1769 on their way to Kentucky. It is between Zionville, N. C. and Trade, Tenn., and the gap is so low that one is not con scious of passing over the top of a high mountain. Tradition says that an Indian trail went through the same gap, and traces of it are still visible to the north of the present turn pike. The young man who had been employed as a pilot at Mr. Miller's house on the 28th was found on the 29th not to be a "woodsman and of course he was discharged." On June 1st they came to the "Wattogo" river, where they killed a bear, "very poor," upon which and "some bacon stewed together, with some good tea and johnny cake we made a Sab bath morning breakfast fit for a European Lord. " There is a tradition among the people living near the falls of the Watauga at the State line, that the line between the peak to the north of the falls and the Yellow mountain was not actually run and marked; but the field notes of both Strother and Henry show that the line was both run and marked all the way. The reason the line was run from the peak north of the Watauga to the bald of the Yellow was because the act required it to be run in precisely that way; the language being "to the place where Watauga river breaks through it [the mountain], thence a direct course to the top of the Yellow Mountain where Bright's road crosses the same." As it is impossible to see the Yellow from the river at the falls where the river breaks through, it was necessary to get the course from the top of the peak north of the river. Rattlebugs. On Saturday, June 1st, they came upon "a very large rattlebug, " which they "attempted to kill, but it was too souple in the heels for us. " On the night of May 31st they had had "severe lightning and some hard slaps [sic] of thunder. " Laurel and Ivy. There are some who, nowadays, contend that ivy and laurel did not grow in these mountains while the Indians occupied them, and cite as proof that it is almost BOUNDARIES 41 impossible to find a laurel log with rings indicating more than a hundred years of growth. But Bishop Spangenburg men tions having encountered laurel on what is supposed to have been the Grandfather mountain in 1752, and John Strother, in his diary of the survey between Virginia and North Caro lina in 1799, repeatedly mentions it, both before and after crossing the ridge which divides the waters of Nollechucky from those of the French Broad. What are now known as the "Ivory Slicks," is a tunnel cut through the otherwise impen etrable ivy on the slope between the Hang Over and Dave Orr's cabins on Slick Rock, south of the Little Tennessee. Two Wagon Roads Across the Mountains. Even at that early date there seem to have been two roads crossing the mountains into Tennessee, for the very next call of the statute is "thence along the ridge of said mountain between the waters of Doe river and the waters of Rock creek to the place where the road crosses the Iron mountain." Bright used to live at the Crab Orchard, long known as Avery's Quarters, about a mile above Plum Tree, and where W. W. Avery now lives. 4 2 On the 5th of June Major Neely "turned off the line today and went to Doe river settlements for a fresh supply of provisions, " and was to meet them at the Yellow mountain, where on that day the trees were "just creeping out of their winter garb," and where "the lightning and thunder were so severe that they were truly alarming." From "the yellow spot" on the Yellow, whither they had gone to take observations, but were prevented by the storm, "we went back and continued the line on to a low gap at the head of Roaring or Sugar creek of Towe [sic] river and a creek of Doe river at the road leading from Morganton to Jonesborough, where we encamped as wet as we could be." This fixes the main road between North Caro lina and the Watauga settlement, which had been finished in 1772, and over which Andrew Jackson was to pass in the spring of 1788. 43 Robert Henry mentions a Gideon Lewis as one of the guides from White Top mountain, and it is re markable that a direct descendant of his and having his name is now living at Taylor's Valley, near Konarok, Va., and that several others now live near Solitude or Ashland, N. C. Was This Ever "No Man's Land"? When the survey ing party came to the Yellow they found that the compass had been deflected when it had been sighted from the peak just 42 HISTORY OF WESTERN NORTH CAROLINA north of Watauga Falls, caused doubtless by the proximity to the Cranberry Iron mountain, of whose existence apparently they then had no knowledge. Of late years some have supposed that the "territory between the Iron mountain and the Blue Ridge, after the act of cession, was left out of any county from 1792 or 1793 till 1818 or 1822, and was without any local government till it was annexed to Burke county." L. D. Lowe, Esq., in the Watauga Democrat of July 3d, 1913, gave the following explanation: "It is quite true that there was no local government, but it was not for the reason that this part of the territory was not claimed by Burke county; but it was because the lands had been granted to a few, and there were only a limited number of people within the territory to be governed, hence there was very little attention paid to it. " In previous articles in the same paper he had shown that "the reason this territory had not been settled at an earlier date" was because "the State had been paid for more than three hundred thousand acres embraced within the boundaries of six grants, " but had failed to refer to the fact that "these grants or some of them had especially excepted certain other grants within their boundaries — for example, certain grants to Waightstill Avery, Reuben White, John Dobson and others. Within the past twenty-five years it has been clearly demon strated that some of the Cathcart grants run with the Ten nessee line for 14 miles." Home Comforts. "Mr. Hawkins and myself went down to Sugar creek to a Mr. Currey's, where we got a good supper and a bed to sleep in," continues the diary. Evidently the food in the camp had about given out, for we hear nothing more of meals "fit for a European Lord;" but, instead, of the comforts of good Mr. Currey's bed and board. Here too they "took breakfast with Mrs. Currey, got our clothes washed and went to camp, where Major Neely met us with a fresh supply of provisions. It rained all day [and] of course we are still at our camp at the head of Sugar creek. " Pleasant Beech Flats. The next day they crossed "high spur of the Roan mountain to a low gap therein where we encamped at a pleasant Beech flat and good spring. " Any one who has never seen one of these "pleasant beech flats" would scarcely realize what they are like. As one ascends any of the higher mountains of North Carolina, the BOUNDARIES 43 size of all the trees perceptibly diminish, especially near the six thousand feet line, to be succeeded, generally, on the less precipitous slopes, by miniature beech trees, perfect in shape, but resembling the so-called dwarf-trees of the Japanese. They really seem to be toy trees. John Strother's Flowers of Rhetoric. It was here that they "spent the Sabbath day in taking observations from the high spur we crossed, in gathering the fir oil of the Balsam of Pine which is found on the mountain, in collecting a root said to be an excellent preventative against the bite of a rattle snake, and in visioning the wonderful scene this conspicuous situation affords. There is no shrubbery grows on the tops of this mountain for several miles, say, and the wind has such a power on the top of this mountain that the ground is blowed in deep holes all over the northwest sides. The prospect from the Roan mountain is more conspicuous [extensive?] than from any other part of the Appelatchan mountains." Cloudland. A modern prospectus of the large and comfortable hostelry, called the Cloudland hotel, which has crowned this magnificent mountain for more than thirty years, the result of the ardor and enterprise of Gen. John H. Wilder of Chattanooga, Tenn., could not state the charms of this most charming resort, now become the sure refuge of hundreds of sufferers from that scourge of late summer and early autumn and known'as hay fever, more invitingly. Unsurpassed View. Of the magnificence of this view a later chronicler has this to say: "That view from the Roan eclipses everything I have ever seen in the White, Green, Cat- skill and Virginia mountains. " This is a statement put into the mouth of a Philadelphia lawyer in 1882 by the authors of "The Heart of the Alleghanies," p. 253. Mountain Moonshine. On Monday they "proceeded on between the head of Rock creek and Doe river, and en camped in a low gap between these two streams. The next day they went five or six miles to the foot of the Iron mountain to a place they called Strother's Camp, where they had some good songs, "then raped [wrapped] ourselves up in our blank ets and slep sound till this morning." Here "Cols. Vance and Neely went to the Limestone settlements for a pilot, returned to us on the line at two o'clock with a Mr. Collier as pilot and two gallons whiskey, we stop, drank our own health 44 HISTORY OF WESTERN NORTH CAROLINA and proceeded on the line. Ascended a steep spur of the Unaker mountain, got into a bad laurel thicket, cut our way some distance. Night came on, we turned off and camped at a very bad place, it being a steep laurelly hollow," but the whiskey had such miraculous powers that it made the place "tolerably comfortable." Bad Luck on the Thirteenth. On Thursday the 13th, if they were superstitious, the expected bad luck happened; for here they were informed that for the next two or three days' march the pack-horses could not proceed on the line — - that is, could not follow the extreme height of the mountain crest. This was a calamity indeed; but what was the result? How did these men meet it? We read how: Between Hollow Poplar and Greasy Cove. "Myself [John Strother] together with the chain-bearers and markers packed our provisions on our backs and proceeded on with the line, the horses and rest of the company was conducted round by the pilot a different route. We continued the line through a bad laurel thicket to the top of the Unaker mountain and along the same about three miles and camped at a bad laurelly branch." On Friday, however, they came "to the path crossing [the Unaker mountain] from Hollow Poplar to the Greasy Cove and met our company. It rained hard. We encamped on the top of the mountain half a mile from water and had an uncomfortable evening. " Devil's Creek and Lost Cove. It seems that the infor mation Mr. Collier had given "respecting the Unaker moun tain was false," and Mr. Strother prevailed upon the com missioners to discharge him on Saturday the 15th of June. They then crossed the Nolechucky "where it breaks through the Unaker or Iron mountain." Here it is that that match less piece of modern railroad engineering, the C. C. &. O. R. R., disputes with the "Chucky" its dominion of the canon and transports from its exhaustless coal mines in Virginia hundreds of tons of the finest coal to its terminus on the Atlantic coast. Robert Henry Meets His Fate. Here, too, it being again found "impracticable to take horses from this place on the line to the Bald mountain, Mr. Henry, the chain-bearers and markers, took provisions on their backs [and] proceeded on the line and the horses went round by the Greasy Cove and BOUNDARIES 45 met the rest of the company on Sunday on the top of the Bald mountain, where we tarried till Tuesday morning." "Tarrying" in the Greasy Cove. One cannot help wondering why they "tarried" here so long; but no one who has ever visited that "Greasy Cove" and shared the hospital ity of its denizens need long remain without venturing a guess; for it is a pleasant place to be, with the "red banks of Chucky" still crumbling in the bend of the river and the ravens croak ing from their cliffs among the fastnesses of the Devil's Look ing Glass looming near. 4 4 The C. C. & 0. have their immense shops here now, covering almost a hundred acres of land. Vance's Camp. From the Bald mountain, now in Yancey county, it seems that Col. Love became their pilot; and five or six miles further on in "a low gap between the head of Indian creek and the waters of the south fork of Laurel, we encamped and called it Vance's Camp." The richness of the moun tains is noted. The Grier Bald. This Bald is sometimes called the Grier Bald from the fact that David Grier, a hermit, lived upon it for thirty-two years. 4 5 Grier was a native of South Carolina who, because one of the daughters of Col. David Vance refused to marry him, built himself a log house here in 1802, just three years after Colonel Vance had passed the spot, and it is probable Grier first heard of it through this gentleman. In a quarrel over his land he killed a man named Holland Higgins and was acquitted on the ground of insanity "and returned home to meet his death at the hands of one of Hol land's friends." Boone's Cove. On Wednesday the 19th of June, after having suffered severely the previous night from gnats, they went to "Boone's Cove, between the waters of Laurel and Indian creeks," while on the 20th they had to pass over steep and rocky and brushy knobs, with water scarce and a consid erable distance from the line. All day Friday their horses suffered from want of water and food, part of the way being impassable for horses; while on Saturday it took them "four hours and 23 minutes" to cut their way one and one-fourth miles to the top of the mountain, where, after getting through the laurel, they "came into an open flat on top of Beech moun tain where we camped till Monday at a good spring and excel lent range for our horses." 46 HISTORY OF WESTERN NORTH CAROLINA A Recruit of Bacon. On Monday, the 24th of June, their provisions began to fail them again, but they proceeded on the line six miles and "crossed the road leading from Bar- nett's Station to the Brushy Cove and encamped in a low gap between the waters of Paint creek and Laurel river."46 They had a wet evening here; but as they "suped on venison stewed with a recruit of bacon Major Neely brought in this day from the Brushy Cove settlement," we may hope their lot was not altogether desolate; for it is possible that this enterprising commissary, Major Neely, might have brought them something besides that "recruit of bacon"; for it will be recalled that on a former occasion he went for a pilot and returned not only with a pilot but with two gallons of a liquid that "had such marvelous powers" that it made a very "bad place" "tolerably comfortable." Barnett's Station. At any rate, they knew they were nearing the end of their long and arduous journey, for they had now reached the waters of Paint creek, which they must have known was in the neighborhood of the "Painted Rock," their destination. The Barnett Station referred to above was probably Barnard's old stock stand on the French Broad river, five or six miles below Marshall. Off the Track for Awhile. After losing their way on the 25th and "having a very uncomfortable time of it" on Paint creek, they got on the "right ridge from the place we got off of it and proceeded on the line five miles and encamped between the waters of F. B. R. [French Broad river] and Paint creek. " "Hasey" and "Anctoous. " Thursday 27. This morning is cloudy and hasey. The Commissioners being anctoous to get on to the Painted Rock started us early"; but they took a wrong ridge again and had to return and spend an uncom fortable evening. Dropping the Plummet from Paint Rock. However, on Friday, the 28th day of June, 1799, they reached the Painted Rock at last and measured its height, finding it to be "107 feet three inches high from the top to the base," that "it rather projects out," and that "the face of the rock bears but few traces of its having formerly been painted, owing to its being smoked by pine knots and other wood from a place at its base where travellers have frequently camped. In the year 1790 it was not much smoked, the pictures of some BOUNDARIES 47 humans, wild beasts, fish and fowls were to be seen plainly made with red paint, some of them 20 and 30 feet from its base." Animal Pictures Have Disappeared. How much more satisfactory this last sentence would have been if he had only added: "I saw them." For, as the rock appears today, the red paint seems to be nothing more or less than the oxida tion of the iron in the exposed surfaces, while all trace of "some humans, wild beasts," etc., mentioned by him have entirely disappeared. The Real "Painted Rock." However, he leaves us in no doubt that they had reached the real Painted Rock called for by the Act of Cession, ceding "certain lands therein de scribed"; for he goes on to say that, while "some gentlemen of Tennessee wish to construe as the painted rock referred to" another rock in the French Broad river "about seven miles higher up on the opposite or S. W. side in a very obscure place," that "it is to be observed that there is no rock on French Broad river that ever was known as the painted rock but the one first described, which has, ever since the River F. Broad was explored by white men, been a place of Pub- lick Notoriety." Surpasses a "Best Seller" of To-day. This is the next to the concluding sentence in this quaint and charming nar rative — a narrative that one hundred and fifteen years after it was penned can still be read with more interest than many of the so-called "best sellers" of the present day. "We then went up to the Warm Springs where we spent the evening in conviviality and friendship." The Loneliness of Bachelorhood. But it is in the very last sentence that one begins to suspect that John Strother was at that time a bachelor, for we read : "Saturday, 29th. The Company set out for home to which place I wish them a safe arrival and happy reception, as for myself I stay at the Springs to get clear of the fatigue of the Tour." One wonders whose bright eyes made his "fatigue" so much greater than that of the others and kept him so long at the springs. To the "Big Pigeon." The line from the Painted Rock to the Big Pigeon was run a few weeks later on by the same 48 HISTORY OF WESTERN NORTH CAROLINA commissioners and surveyors; but we have no narrative of the trip, which, doubtless, was without incident, though the way, probably, was rough and rugged. Second Tennessee Boundary Survey. North Carolina having acquired by the treaty of February 27, 1819, all lands from the mouth of the Hiwassee "to the first hill which closes in on said river, about two miles above Hiwassee Old Town; thence along the ridge which divides the waters of the Hiwassee and Little Tellico to the Tennessee river at Talas- see; thence along the main channel to the junction of the Cowee and Nanteyalee; thence along the ridge in the fork of said river to the top of the Blue Ridge; thence along the Blue Ridge to the Unicoy Turnpike road; thence by straight line to the nearest main source of the Chastatee; thence along its main channel to the Chattahoochee, etc.,"47 it became necessary to complete its boundary line from the Big Pigeon at the Cataloochee turnpike southwest to the Georgia line. To that end it passed, in 1819 (2 R. S. N. C, 1832), an act under which James Mebane, Montford Stokes and Robert Love were appointed commissioners for North Carolina for the pur pose of running and marking said line. These commissioners met Alexander Smith, Isaac Allen and Simeon Perry, com missioners representing Tennessee, at Newport, Tenn., at the mouth of the Big Pidgeon, July 16, 1821; and, starting from the stone in the Cataloochee turnpike road which had been set up by the commissioners of 1799, they ran in a southwest- wardly course to the Bald Rock on the summit of the Great Iron or Smoky mountain, and continued along the main top thereof to the Little Tennessee river. The notes of W. Dav enport's field book give as detailed an account of the progress of these commissioners and surveyors as did John Strother's in 1799; but as they met no one between these two points there was little to relate. The same or another party might follow the same route to-day and they would meet no one. But Mr. Davenport does not call the starting point a "turn pike." He calls it a "track," which was quite as much as it could lay claim to, the present turnpike having been built from Jonathan's creek up Cove creek, across the Hannah gap, passing the Carr place and up the Little Cataloochee, through Mount Sterling gap, as late as the fifties. 4 8 At twenty miles from the starting point they were on "the top of an extreme BOUNDARIES 49 high pinnacle in view of Sevierville. " At 22 miles they were at the Porter gap, from which, in 1853, Eli Arrington of Waynes- ville carried on his shoulders W. W. Rhinehart, dying of milk-sick, three miles down the Bradley fork of Ocona Luftee to a big poplar, where Rhinehart died. Near here, although they did not know it then, an alum cave was one day to be discovered, out of which, in the lean years of the Southern Confederacy, Col. William H. Thomas and his Indians were to dig for alum, copperas, saltpeter and a little magnesia to be used in the hospitals of this beleaguered land, in default of standard medicines which had been made contraband of war. Arnold Guyot and S. B. Buckley. Here, too, Arnold Guyot, the distinguished professor of geology and physical geography of Princeton college, came in 1859, following Prof. S. B. Buckley, and made a series of barometric measurements, not alone of the Great Smoky mountain chain, but also of that little known and rugged group of peaks wholly in Tennessee, known as the Bull Head mountains. Doubtful of a Road Ever Crossing the Smokies. Surveyor Davenport noted a low gap through which "if there ever is a wagon road through the Big Smoky mountain, it must go through this gap." Well, during the Civil War, Col. Thomas, with his "sappers and miners," composed of Cherokee Indians and Union men of East Tennessee, did make a so-called wagon road through this gap, now called Collins gap; and through it, in January, 1864, General Robert B. Vance carried a section of artillery, dragging the dismounted cannon, not on skids, but over the bare stones, only to be captured himself with a large part of his command at Causbey creek two days later. But no other vehicle has ever passed that frightful road, save only the front wheels of a wagon, as it is dangerous even to walk over its precipitous and rock- ribbed course. No other road has ever been attempted, and this one has been abandoned, except by horsemen and foot men, for years. Not even a wagon track is visible. On the 7th of August they came at the 31st mile to Meigs' Post. At the 34th mile they came in view of Brasstown; and next day, at the 45th mile, they reached the head of Little river, and must have been in plain view of Tuckaleechee Cove and near Thunderhead mountain, both immortalized by Miss Mary N. Murfree (Charles Egbert Craddock) in her stories of the W. N. C i 50 HISTORY OF WESTERN NORTH CAROLINA Tennessee mountains. On the 11th they were at the head of Abram's creek, which flows through Cade's Cove into the Little Tennessee at that gem of all mountain coves, the Har den farm at Talassee ford. On the 13th they came to a "red oak ... at Equeneetly path to Cade's cove. " This is only a trail, and is at the head of one of the prongs of Eagle creek and not far from where Jake and Quil Rose, two famous mountaineers, lived in the days of blockade stills. Of course they did not still any! On this same unlucky 13th, they came to the top of a bald spot in sight of Talassee Old Town, at the 57th mile. This is the Harden farm spoken of above, and is a tract of about 500 acres of level and fertile land. On the 16th they passed over Parsons and Gregory Balds. On this day also they crossed the Little Tennessee river "to a large white pine on the south side of the river at the mouth of a large creek, 65th mile." From there on to the Hiwassee turnpike the boundary line is in dispute, the case being now before the Supreme Court of the United States. One of the marks still visible is that made on the 19th, at the 86th mile, "a holly tree . . . near the head of middle fork of Tellico river. " They were then close to what has since been known as State Ridge, on which in July, 1892, William Hall, stand ing on the North Carolina side of the line, was to shoot and kill Andrew Bryson; and if these surveyors had not done their work well, Hall might have suffered severely; for, all uncon sciously, this man was to invoke the same law Carson and Vance and other noted duellists had relied on, when they "fought across the State line."49 Zim. Roberts, who lives under the Devil's Looking Glass, says that a healthy white oak tree, under which Hall was standing when he fired at Bryson, began to die immediately and is now quite dead. On the 20th of August they were at "the 89th mile, at the head of Beaver Dam" creek of Cherokee county, N. C, and not far from the Devil's Looking Glass, " an ugly cliff of rock, where the ridge comes to an abrupt and almost perpendicular end. On that day, at the 93d mile, they came to "the trad ing path leading from the Valley Towns to the Overhill set tlements," reaching the 95th mile on that path before they paused. That Sahara-Like Thirst. On the 24th, at the 96th mile, they were on the top of the Unicoy mountain, and on BOUNDARIES 51 the same day they reached "the hickory and rock at the wagon road, the 101st mile, at the end of the Unicoy moun tain." It was here that tradition says that the Sahara-like thirst overtook the party; as from the 101st mile post their course was "due south 15 miles and 220 poles to a post oak post on the Georgia line, at 23 poles west of the 72d mile from the Nick-a-jack Old Town on the Tennessee river." Tryon's Boundary Line. "In the spring and early sum mer of 1767 there were fresh outbreaks on the part of the Indians. Governor Tryon had run a boundary-line between the back settlements of the Carolinas and the Cherokee hunt- ting-grounds. But hunters and traders would persist in wan dering to the west of this line and sometimes they were killed."60 Indian Boundary Lines. Almost as important as the State lines were the Indian boundary lines ; biH most of jvhem were natural boundaries and have given Mit little trouble. There was one notable exception, howevefs\ and that is ',he Meigs and Freeman Line. According to the^map of Vie "Former Territorial Limits of the Cherokee Indian^" ac companying the Fifth Annual Report of the Bureau of EreL- nology, 1883-84, there were three lines run to establish the boundary between the Cherokees and the ceded territory under the treaty of October 2, 1798; the first of which was run by Captain Butler in 1798, and extending from "Meigs' post on the Great Stone mountain t;0 a fork of the Keowee river in South Carolina known as L ttle river. But, accord ing to the text51 the line was not run till the summer of 1799, and is described as "extending from Great Iron moun tain in a southeasterly direction to the point where the most southerly branch of Little river crossed the divisional line to Tugaloo river." However, "owing to the unfortunate de struction of official records by fire, in the year 1800, it is im possible to ascertain all the details concerning this survey, but it was executed on the theory that the "Little River" named in the treaty was one of the northermost branches of Keowee river." 52 Return J. Meigs and Thomas Freeman. But, "this sur vey seems not to have been accepted by the War Depart ment, for on the 3d of June, 1802, instructions were issued by the Secretary of War to Return J. Meigs, as commissioner, 52 HISTORY OF WESTERN NORTH CAROLINA to superintend the execution of the survey of this same por tion of the boundary. Mr. Thomas Freeman was appointed surveyor."53 "There were three streams of that name in that vicinity. Two of these were branches of the French Broad and the other of the Keowee.' ' Expediency Governed. "If the line should be run to the lower of these two branches of the French Broad, it would leave more than one hundred white families of white settlers within the Indian territory. If it were run to the branch of the Keowee river, it would leave ten or twelve Indian vil lages within the State of North Carolina." It was, therefore, determined by Commissioner Meigs to accept the upper branch of the French Broad as the true intent and meaning of the creaty, and the line was run accordingly; whereby '"not a^single white settlement was cut off or intersected, and but £ ye Indian .families were left on the Carolina side of the line./ V jSocation of ^Ke "Meigs Post. " In a footnote (p. 181-2) Cmmissironer Meies refers to the plat and field-notes of Sur- v^9f*^Freeman, bii| the author declares that they cannot be found among the lidian office records. 5 4 Also that there is "much difficulty inlascertaining the exact point of departure of the 'Meigs Line' 'from the great Iron Mountains. In the report of the Tennessee and North Carolina boundary com missioners in 1821 it instated to be "31 3^ miles by the cource of the mountain ridge ma general southwesterly course from the crossing of Cataloochee turnpike; 93^ miles in a similar direction from Porter's gap; 21^ miles in a northeasterly direction from the crossir^ of Equovetley Path, and 333^ miles in a like course from the crossing of Tennessee river. " ... It was stated to the author by Gen. R. N. Hood, of Knoxville, Tenn., that there is a tradition that "Meigs Post" was found some years since about lj^ miles southwest of Indian gap. A map of the survey of Qualla Boundary, by M. S. Temple, in 1876, shows a portion of the continuation of "Meigs Line as passing about V/2 miles east of Qualla- town." Surveyor Temple mentions it as running "south 50° east (formerly south 52J^° east)." Meigs' Post should have stood at the eastern end of the Hawkins Line which had been run by Col. Benj. Hawkins and Gen. Andrew Pickens in August, 1797, pursuant to the treaty of July 2, 1791, com- BOUNDARIES 53 mencing 1000 yards above South West Point (now Kingston) and running south 76° east to the Great Iron Mountain. B 5 "From this point the line continued in the same course until it reached the Hopewell treaty line of 1785, and was called the "Pickens line."66 The Hopewell treaty line ran from a point west of the Blue Ridge and about 12 miles east of Hen- dersonville, crossed the Swannanoa river just east of Asheville, and went on to McNamee's camp on the Nollechucky river, three miles southeast of Greenville, Tenn. "The supposition is that as the commissioners were provided with two survey ors, they separated, Col. Hawkins, with Mr. Whitner as sur veyor, running the line from Clinch river to the Great Iron Mountains, and Gen. Pickens, with Col. Kilpatrick as sur veyor, locating the remainder of it. This state wast is veri fied so far as Gen. Pickens is concerned by h m ^he sumr*-n statement."57 . Swannanor Col. Stringfield Follows the Line. G^jjj known a^ers' Esq., an attorney of Waynesville, says there is nmv 3ol. W. W. Stringfield of the same place writes that he measured nine and one-half miles southwestwardly of Porter's gap "and found Meigs' post, a torn-down stone pile on the top of a smooth mountain. .' . . Meigs' and Freeman's line was as well marked as any line I ever saw; I traced this line south 52}4 ° east, from Scott's creek to the top of Tennessee mountain, between Haywood and Transylvania counties, a few miles south of and in full view of the Blue Ridge or South Carolina line ... I found a great many old marks, evidently made when the line was first run in 1802. I became quite familiar with this line in later years, and ran numerous lines in and around the same in the sale of the Love "Speculation" lands. . . . Many of these old marked trees can still be found all through Jackson county, on the waters of Scott's creek, Cane or Wurry-hut, Caney Fork, Cold or Tennessee creek, and others." 5 8 When he was running the line he was told by Chief Smith of the Cherokees, Wesley Enloe, then over 80 years old, Dr. Mingus, then 92 years old, Eph. Connor and others, that he was on the Meigs line. Return Jonathan Meigs. "He was the firstborn son of his parents, who gave him the somewhat peculiar name 54 HISTORY OF WESTERN NORTH CAROLINA Return Jonathan to commemorate a romantic incident in their own courtship, when his mother, a young Quakeress called back her lover as he was mounting his horse to leave the house forever after what he had supposed was a final refusal. The name has been handed down through five gen erations." 69 . . . Treaty of 1761. 60 The French having secured the active sympathy of the Cherokees in their war with Great Britain, Governor Littleton of South Carolina, marched against the Indians and defeated them, and in 1760, concluded a treaty with them, under which the Cherokees agreed to kill or im prison every Frenchman who should come into their country during the war. But as the Cherokees still continued hos- tUe Seath Carolina sent Col. Grant, who conquered them in 17rl^ and concluded a treaty by which "the boundaries be tween the Indians and the settlements were declared to be the sources of the gre&t rivers flowing into the Atlantic ocean." As the Bhie Ridge is an unbroken watershed south of the Potarmi river, this made that mountain range the true east ern rroundary of the Indians. This treaty remained in force till the treaty of 1772 anti the purchase of 1775 to the north ern part of that boundary, or the land lying west of the Blue Ridge and north of the NoUechucky river. It remained in force as to all land west and south of that territory till 1785 (November 28), called the treaty of Hopewell. Treaty of 1772 and Purchase of 1775. The Virginia authorities in the early part of 1772 concluded a treaty with the Cherokees whereby a boundary line was fixed between them, which was to run west from White Top mountain, which left those settlers on the Watauga river within the Indian limits, whereupon, as a measure of temporary relief, they leased for a period of eight years all the country on the waters of the Watauga river. "Subsequently in 1775 (March 19) they secured a deed in fee simple therefor, "... and it em braced all the land on "the waters of the Watauga, Holston, and Great Canaway [sic] or New river." This tract began "on the south or southwest of the Holston river six miles above Long Island in that river; thence a direct line in nearly a south course to the ridge dividing the waters of Watauga from the waters of Nonachuckeh (NoUechucky or Toe) and along the ridge in a southeasterly direction to the Blue Ridge BOUNDARIES 55 or line dividing North Carolina from the Cherokee lands; thence along the Blue Ridge to the Virginia line and west along such line to the Holston river; thence down the Holston to the beginning, including all waters of the Watauga, part of the waters of Holston, and the head branches of the New river or Great Canaway, agreeable to the aforesaid boundaries." 61 Treaty of Hopewell, 1785. Hopewell is on the Keowee river, fifteen miles above its junction with the Tugaloo. It was here that the treaty that was to move the boundary line west of the Blue Ridge was made. This line began six miles southeast of Greenville, Term., where Camp or McNamee's creek empties into the NoUechucky river; and ran thence a southeast course "to Rutherford's War Trace," ten or twelve miles west of the Swannanoa settlement. This "War Trace" was the route followed by Gen. Griffith Rutherford, when, in the summer of 1776, he marched 2,400 men through the Swannanoa gap, passed over the French Broad at a place still known as the "War Ford"; continued up the valley of Hominy creek, leaving Pisgah mountain to the left, and crossing Pigeon river a little below the mouth of East Fork; thence through the mountains to Richland creek, above the present town of Waynesville, etc. From the point where the line struck the War Trace it was to go "to the South Carolina Indian bound ary." Thus, the line probably ran just east of Marshall, Asheville and Hendersonville to the South Carolina line, though its exact location was rendered "unnecessary by rea son of the ratification in February, 1792, of the Cherokee treaty concluded July 2, 1791, wherein the Indian boundary line was withdrawn a considerable distance to the west." 62 North Carolina's Indian Reservation. Meantime, how ever, North Carolina being a sovereign State, bound to the Confederation of the Union only by the loose articles of confederation, in 1883, set apart an Indian reservation of its own; which ran from the mouth of the Big Pigeon to its source and thence along the ridge between it and the waters of the Tuckaseigee (Code N. C, Vol. ii, sec. 2346) to the South Carolina line. This, however, does not seem to have been supported by any treaty. The State had simply moved the Indian boundary line twenty miles westward to the Pigeon river at Canton. 56 HISTORY OF WESTERN NORTH CAROLINA Treaties of 1791 and 1792. The treaty of 1791 was not satisfactory to the Indians and another treaty supplemental thereto was made February 17, 1792, which in its turn was followed by one of January 21, 1795, and another of October 2, 1798. They all call for what was afterwards run and called the Meigs and Freeman line, treated fully under that head. 6 3 Treaty of February 27, 1819. This treaty cedes all land from the point where the Hiwassee river empties into the Tennessee, thence along the first ridge which closes in on said river, two miles above Hiwassee Old Town; thence along the ridge which divides the waters of Hiwassee and Little Tellico to the Tennessee river at Talassee; thence along the main channel to the junction of the Nanteyalee; thence along the ridge in the fork of said river to the top of the Blue Ridge; thence along the Blue Ridge to the Unicoy Turnpike, etc. . This moved the line twenty miles west of what is now Frank lin.64 Treaty of -New Echota, December 29, 1835. By this treaty the Cherokees gave up all their lands east of the Mis sissippi river, and all claims for spoliation for $5,000,000, and the 7,000,000 acres of land west of the Mississippi river, guar anteed them by the treaties of 1828 and 1833. This was the treaty for their removal, treated in the chapter on the East ern Band. 6 6 The Rainbow Country. During the year 1898 while Judge H. G. Ewart was acting as District Judge of the U. S. Court at Asheville, some citizen^ of New Jersey obtained a judgment against the heirs of the late Messer Fain of Chero kee county for certain land in the disputed territory, known as the Rainbow Country because of its shape. The sheriff of Monroe county, Tennessee, armed with a writ of possession from the Tennessee court, entered the house occupied by one of Fain's sons and took possession. Fain had him arrested for assault and trespass, and he sued out a writ of habeas corpus before Judge Ewart, who decided the case in favor of Fain; but the sheriff appealed to the Circuit Court of Appeals for the 4th circuit, and Judge Ewart was reversed. There upon Fain sued out a writ of certiorari before the Supreme Court of the United States; but after the writ had been granted Fain decided not to pay for the printing of the BOUNDARIES 57 large record, and the case was dismissed for want of prose cution. This was one of the forerunners to litigation with Tennessee. Recent Boundary Disputes. There is now pending be fore the Supreme Court of the United States a controversy between the State of Tennessee and the State of North Caro lina over what is known as the "Rainbow" country at the head of Tellico creek, Cherokee county. Tennessee claims that the line should have followed the main top of the Unaka mountains instead of leaving the main ridge and crossing one prong of Tellico creek which rises west of the range. This is probably what should have been done if the commissioners who ran the line in 1821 had followed the text of the statute literally; but they left the main top and crossed this piong of Tellico creek, and their report and field-notes, showing that this had been done were returned to their respective States and the line as run and marked was adopted by Tennessee as well as by North Carolina. 6 6 Lost Cove Boundary Line. In 1887, Gov. Scales, under the law providing for the appointment of a commission to meet another from Tennessee to determine at what point on the NoUechucky river the State line crosses, appointed Cap tain James M. Gudger for North Carolina, J. R. Neal be ing his surveyor; but there was -a disagreement from the outset between the North Carolina and the Tennessee com missioners. The latter msisted on going south from the high peak north of the NoUechucky river, which brought them to the deep hole at the mouth of lost Cove creek, at least three quarters of a mile east of the point at which the line run for the North Carolina commissioner reached the same stream, which was a few hundred yards below the mouth of Devil's creek. The North Carolina commissioner claimed to have the original field-notes of the surveyors, and followed them strictly. Neither side would yield to the other, and the line remains as it was originally run in 1799. The notes followed by Captain Gudger were deposited by him with his report with the Secretary of State at Raleigh. See Pub. Doc. 1887, and Dugger v. McKesson, 100 N. C, p. 1. Macon County Line. The legislature of North Carolina provided for a survey between Macon County, N. C, and Rabun county, Ga., in 1879, from Elliquet's Rock, the cor- 58 HISTORY OF WESTERN NORTH CAROLINA ner of North Carolina, South Carolina and Georgia, to the "Locust Stake", and as much further as the line was in dis pute. L. Howard of Macon county was the commissioner for North Carolina. (Ch. 387, Laws 1883.) Tennessee Line Between Cherokee and Graham. The line between these two counties and Tennessee was ordered located by the county surveyors of the counties named ac cording to the calls of the act of 1821. See Ch. 202, Pub. L. 1897, p. 343. NOTES. ^sheville's Centenary. 2Col. Rec., Vol. V, p. xxxix. aibid.'Ibid. "Hill, p. 31-32. •Ibid., p. 33. 'Ibid., p. 89." •Ibid., p. 88. "Ibid., 89. "Col. Rec, Vol. Ill, p. 23 et seq. "Ibid., Vol. II, p. 790. "Ibid., p. 794. 13" The line thus run was accepted by both Colonies and remains still the boundary between the two states '' Hill, 89. 14Byrd, 190. 15Col. Rec, Vol. II, p. 223. 16Ibid., Vol. I, p. xxiv. "Col. Rec, Vol. IV, p. xiii. 18The large green, treeless spot on the top of this mountain, covered with grass, is sur rounded by a forest of singular trees, locally known as "Lashorns. " From a sketch of Wilborn Waters, "The Hermit Hunter of White Top," by J. A. Testerman, of Jefferson, Ashe Co., N. C, the following description of these trees is taken: "They have a diameter of from 15 to 30 feet, and their branches will hold the weight of several persons at one time on their level tops. They resemble the Norway Spruce, but do not thrive when trans planted." The diameter given above refers to that of the branches, not of the trunks. "Ch. 144, Laws 1779, 377, Potter's Revisal; W. C. Kerr in Report of Geological Survey of N. C, Vol. I, (1875), p. 2, states that this survey carried the line beyond Bristol, Tenn.- Va. 20A glance at any map of Tennessee reveals the fact that the line does not run "due west" all the way; but that does not concern North Carolina now. "Roosevelt, Vol. I, 217. 22Oglethorpe did not sail for Savannah till November 17, 1732. 23Its head waters are in Rockingham and Guilford counties. 2 4The mouth of the Waccamaw river must be 90 miles southwest from that of the Cape Fear. "Col. Rec, Vol. IV, 8. 26Mear means a boundary, a limit. "Col. Bee, Vol. IV, p. vii, and W. C. Kerr's Report of the Geological Survey of N. C, (1875). 28It was in the Waxhaw settlement that Andrew Jackson was born, March 15, 1767. 2»P otter's Revisal, p. 1280. "Potter's Revisal, 1131. "Ibid., 1280. "Ibid., 1318. "Ellicott's Bock is on the west bank of Chatooga river. Rev. St. N. C, Vol. II, 145. Andrew EHicott had been previously appointed to survey the line under the Creek treaty of 1790, according to Fifth Eth. Rep., p. 163. "Fifth Eth. Rep., p. 182. "N. C. Booklet, Vol. Ill, No. 12. "Ibid."Ibid. "By the late C. D. Smith, 1905. "Draper, 259. "In the Narrative of Vance and Henry of the Battle of Kings Mountain, published in 1892 by T. F. Davidson. "Ambrose gap is a few miles southwest, and is so called because a free negro of that name built a house across the State line in this gap, and when he died his grave was dug hali in Tennessee and half in North Carolina, according to local tradition. "Draper, 176. 43Allison, p. 4. BOUNDARIES 59 "Robert Henry had gone to get Robert Love as a pilot; and a few years later he mar ried Love's daughter Dorcas. "Zeigler & Grosscup, pp. 271-2-3. "Bishop Asbury's diary shows that he was at Barnett's Station, November 4, 1802. "Fifth Eth., 219, 220. "Laws 1850-51, ch. 157. But there was a road of some kind, for Bishop Asbury mentions crossing Cataloochee on a log in December, 1810. "But O the mountain — height after height, and five miles over!" ¦"114 N. C. Rep., 909, and 115 N. C, 811. Also Laws 1895, ch. 169. "Thwaite, 69. "Fifth Eth., 181. "Ibid."Ibid."Ibid., 181. "Ibid., 168. "Ibid. "Ibid., 168. "154 N. C. Rep., 79. "Nineteenth Eth., 214. "Fifth Eth., 146. "Ibid. "Ibid., 156-157. "Ibid., 158-159, 169. "Ibid., 219. "Ibid., 253. "Rev. St. N. C, Vol. Ill, 96-97. CHAPTER III COLONIAL DAYS Though the mountains were not settled during colonial days except north of the ridge between the Toe and Watauga rivers, the people who ultimately crossed the Blue Ridge lived under colonial laws and customs, or descended from those pioneers who did. Therefore, colonial times in North Carolina, especially in the Piedmont country, should be of interest to those who would know how our more remote ances tors lived under English rule. This should be especially true of those venturesome spirits who first crossed the Blue Ridge and explored the mountain regions of our State, what ever may have been the object of their quest. For "when the first Continental Congress began its sittings the only frontiersmen west of the mountains and beyond the limits of continuous settlement within the old thirteen colonies were the two or three hundred citizens of the Little Watauga com monwealth. 1 For they were a commonwealth in the truest sense of the word, being beyond the jurisdiction of any gov ernment except that of their own consciences. In these circumstances they voluntarily formed the first republican government in America. "The building of the Watauga commonwealth by Robertson and Sevier gave a base of oper ations and furnished a model for similar commonwealths to follow."2 For the first written compact that, west of the mountains, Was framed for the guidance of liberty's feet, Was writ here by letterless men in whose bosoms, Undaunted, the heart of a paladin beat. Earl of Granville. There were eight Lords Proprietors to whom Carolina was originally granted in 1663. Among them was Sir George Carteret, afterwards Earl of Granville. 3 On the 3d of May, 1728, the king of England bought North Carolina and thus ended the government of the Lords Pro prietors. But he did not buy the interest of the Earl of Gran ville, who refused to sell; though he had to give up his share (60) COLONIAL DAYS 61 in the government of the colony. Hence, grants from Earl of Granville are as valid as those from the crown; for in 1743 his share was given him in land. It included about one-half of the State, and he collected rents from it till 1776, his dis honest agents giving the settlers on it great trouble. Moravians. The Moravians were a band of religious brethren who came to America to do mission work among the Indians and to gain a full measure of religious freedom. Their plan was to build a central town on a large estate and to sell the land around to the members of the. brotherhood. The town was to contain shops, mills, stores, factories, churches and schools. After selecting several pieces of lowlands, Bishop Spangenberg bought from the Earl of Granville a large tract in the bounds of the present county of Forsyth, and called the tract Wachovia, meaning "meadow stream."4 On November 17, 1753, a company of twelve men arrived at Wachovia, and started what is now Salem. This Bishop Spangenberg is spoken of in Hill's "Young People's History of North Carolina" as Bishop Augustus G. Spangenberg; while the Spangenberg whose diary is quoted from exten sively in the next few pages signs himself I. Spangenberg. He will be called the Bishop, nevertheless, because he "spake as one having authority." 6 First to Cross the Blue Ridge. Vol. V, Colonial Rec ords (pp. 1 to 14), contains the diary of I. Spangenberg, of the Moravian church. He is the first white man who crossed the Blue Ridge in North Carolina, so far as the records show, except those who had prolonged the Virginia State line in 1749. He, with his co-religionist, Brother I. H. Antes, left Edenton September 13, 1752, for the purpose of inspecting and selecting land for settling Moravian immigrants. The land was to have been granted by Earl Granville, and the surveyor, Mr. Churton, who accompanied the expedition, had instructions from that proprietor to survey the lands, and as he was to be paid three pounds sterling for each 5,000-acre tract, he was averse to surveying tracts of smaller acreage. His instructions limited him also to north and south and east and west lines, which frequently compelled the good Bishop to include mountains in his boundaries that he did not par ticularly desire. Having run three lines this surveyor declined to run the fourth, and the Bishop notes that fact in order 62 HISTORY OF WESTERN NORTH CAROLINA to save his brethern the trouble of searching for lines that were never run or marked. The surveyor, however, did sur vey for the Bishop smaller tracts than those containing 5,000 acres, though reluctantly. Quaker Meadows. In Judge Avery's "Historic Homes" (N. C. Booklet, Vol. IV, No. 3) he refers to the fact that these meadows were so called from the fact that a Quaker (Mora vian) once camped there and traded for furs. This Quaker was Bishop Spangenberg. He reached on November 12, 1752, the "neighborhood of what may be called Indian Pass. The next settlement from here is that of Jonathan Weiss, more familiarly known as Jonathan Perrot. This man is a hunter and lives 20 miles from here. There are many hunters about here, who live like Indians: they kill many deer, sell ing their hides, and thus live without much work." On the 19th of November he reached Quaker Meadows, "fifty miles from all settlements and found all we thought was required for a settlement, very rich and fertile bottoms. . . . Our survey begins seven or eight miles from the mouth of the 3d river where it flows into the Catawba. What lies further down the river has already been taken up. The other [west ern] line of the survey runs close to the Blue Ridge. . . . This piece consists of 6,000 acres. We can have at least eight set tlements in this tract, and each will have water, range, etc. ... I calculate to every settlement eight couples of brethren and sisters." Buffalo Trails. There were no roads save those made by buffaloes. The surveyor was stopped by six Cherokees on a hunt, but they soon became friendly. November 24th they were five miles from Table Rock, which with the Hawk's Bill is so conspicuous from Morganton, where they surveyed the fifth tract of land, of 700 or 800 acres. Musical Wolves. "The wolves, which are not like those in Germany, Poland and Lapland (because they fear men and do not easily come near) give us such music of six differ ent cornets, the like of which I have never heard in my life. Several brethren, skilled in hunting, will be required to exter minate panthers, wolves, etc. " Old Indian Fields.6 On November 28th they were camped in an old Indian field on the northeast branch of Middle Little river of the Catawba, where they arrived on COLONIAL DAYS 63 the 25th, and resolved to take up 2,000 acres of land lying on two streams, both well adapted to mill purposes. That the Indians once lived there was very evident — possibly be fore the war which they waged with North Carolina — "from the remains of an Indian fort: as also the tame grass which was still growing about the old residences, and from the trees. " On December 3d they camped on a river in another old Indian field at the head of a branch of New river, "after passing over frightful mountains and dangerous cliffs." Where Men Had Seldom Trod. On the 29th they were in camp on the second or middle fork of Little river, not far from Quaker Meadows "in a locality that has probably been but seldom trodden by the foot of man since the creation of the world. For 70 or 80 miles we have been traveling over terrible mountains and along very dangerous places where there was no way at all." One might call the place in which they were camped a basin or kettle, it being a cove in the mountains, rich of soil, and where their horses found abun dant pasture among the buffalo haunts and tame grass among the springs. The wild pea-vines which formerly covered these mountains, growing even under the forest trees most luxuri antly for years after the whites came in, afforded fine pas turage for their stock. It also formed a tangled mat on the surface of the earth through which it was almost impossible for men to pass. Hence, the pioneers were confined gener ally to the Indian and buffalo trails already existing. These pea-vines return even now whenever a piece of forest land is fenced off a year or two. On the Grandfather? It would seem that they had been misled by a hunter whom they had taken along to show them the way to the Yadkin; but had missed the way and on De cember 3d came "into a region from which there was no out let except by climbing up an indescribably steep mountain. Part of the way we had to crawl on our hands and feet, and sometimes we had to take the baggage and saddles from the horses, and drag them up, while they trembled and quivered like leaves. The next day we journeyed on: got into laurel bushes and beaver dams and had to cut our way through the bushes. Arrived at the top at last, we saw hundreds of mountain peaks all around us, presenting a spectacle like ocean waves in a storm." The descent on the western side 64 HISTORY OF WESTERN NORTH CAROLINA was "neither so steep, nor as deep as before, and then we came to a stream of water, but no pasture. . . . The next day we got into laurel bushes and beaver dams and had to cut our way through the bushes. ..." Wandering Bewildered in Unknown Ways. "Then we changed our course — left the river and went up the mountain, where the Lord brought us to a delicious spring, and good pasturage on a chestnut ridge. . . . The next day we came to a creek so full of rocks that we could not possible cross it; and on both sides were such precipitous banks that scarcely a man, certainly no horse could climb them . . . but our horses had nothing — absolutely nothing. . . . Directly came a hunter who had climbed a mountain and had seen a large meadow. Thereupon, we scrambled down . . . and came before night into a large plain. . . . Caught in a Mountain Snowstorm. "We pitched our tent, but scarcely had we finished when such a fierce wind storm burst upon us that we could scarcely protect ourselves against it. I cannot remember that I have ever in winter anywhere encountered so hard or so cold a wind. The ground was soon covered with snow ankle deep, and the water froze for us aside the fire. Our people became thoroughly dis heartened. Our horses would certainly perish and we with them." In Goshen's Land. "The next day we had fine sunshine, and then warmer days, though the nights were 'horribly' cold. Then we went to examine the land. A large, part of it is al ready cleared, and there long grass abounds, and this is all bottom. Three creeks flow together here and make a con siderable river, which flows into the Mississippi according to the best knowledge of our hunters." There were countless springs but no reeds, but "so much grass land that Brother Antes thinks a man could make several hundred loads of hay of the wild grass. . . . There is land here suitable for wheat, corn, oats, barley, hemp, etc. Some of the land will prob ably be flooded when there is high water. There is a mag nificent chestnut and pine forest near here. Whetstones and millstones which Brother Antes regards the best he has seen in North Carolina are plenty. The soil is here mostly lime stone and of a cold nature. . . . We surveyed this land and took up 5,400 acres. . . . We have a good many mountains, COLONIAL DAYS 65 but they are very fertile and admit of cultivation. Some of them are already covered with wood, and are easily acces sible. Many hundred — yes, thousand crab-apple trees grow here, which may be useful for vinegar. One of the creeks presents a number of admirable seats for milling purposes. This survey is about 15 miles from the Virginia line, as we saw the Meadow mountain, and I judged it to be about 20 miles distant. This mountain lies five miles from the line between Virginia and North Carolina. In all probability this tract would make an admirable settlement for Christian In dians, like Grandenhutten in Pennsylvania. There is wood, mast, wild game, fish and a free range for hunting, and admir able land for corn, potatoes, etc. For stock raising it is also incomparable. Meadow land and pasture in abundance." After "a bitter journey among the mountains where we were virtually lost and whichever way we turned we were literally walled in on all sides," they came on December 14, 1752, to the head of Yadkin river, after having abandoned all streams and paths, and followed a course east and south, and "scrambling across the mountains as well as we could." Here a hunter named Owen, "of Welch stock, invited us into his house and treated us very kindly." He lived near the Mulberry Fields which had been taken up by Morgan Bryant, but were uninhabited. The nearest house was 60 miles distant. The First Hunters. The hunters who assisted the Bishop in finding the different bodies of suitable land were Henry Day, who lived in Granville, John Perkins, who lived on the Catawba, "and is known as Andrew Lambert, a well-known Scotchman," and Jno. Rhode, who "lives about 20 miles from Capt. Sennit on the Yadkin road." John Perkins was especially commended to the Brethren as "a diligent and true worthy man, and a friend to the Brethren." The late Judge A. C. Avery said he was called "Gentleman John," and that Johns river in Burke was named for him. 7 Settlers from Pennsylvania. "Many of the immi grants were sent to Pennsylvania, and they had traveled as far west as Pittsburg early in the 18th century. The Indians west of the Alleghanies were, however, fiercer than any the Quakers had met; but to the southwest for several hundred miles the Appalachians "run in parallel ranges . . . through W. N. C. 5 66 HISTORY OF WESTERN NORTH CAROLINA Virginia, West Virginia, the Carolinas and East Tennessee . . . " and through these "long, deep troughs between these ranges . . . Pennsylvanians freely wandered into the South and Southwest ..." and "between the years 1732 and 1750, numerous groups of Pennsylvanians — Germans and Irish large ly, with many Quakers among them — had been . . . grad ually pushing forward the line of settlement, until now it had reached the upper waters of the Yadkin river, in the north west corner of North Carolina."8 "Thus was the wilder ness tamed by a steady stream of immigration from the older lands of the northern colonies, while not a few penetrated to this Arcadia through the passes of the Blue Ridge, from eastern Virginia and the Carolinas. " 9 Nick-a-Jack's Cave. Almost the first difficulties those who first crossed the mountains encountered was from the depredations of renegade Indians and desperate white men defiant of law and order. There was at this time (1777-78) a body of free-booters, composed of "adventurous and unruly members from almost all the western tribes — Cherokees, Creeks, Chickasaws, Choctaws, and Indians from the Ohio, generally known as Chickamaugas. Many Tories and white refugees from border justice joined them and shared in their misdeeds. Their shifting villages stretched from Chicka- mauga creek to Running Water. Between these places the Tennessee twists down through the somber gorges by which the chains of the Cumberland range are riven in sunder. Some miles below Chickamauga creek, near Chattanooga, Lookout mountain towers aloft into the clouds; at its base the river bends round Moccasin Point, and then rushes through a gap between Walden's Ridge and the Raccoon Hills. Then, for several miles, it foams through the winding Narrows between jutting cliffs and sheer rock walls, while in its boulder- strewn bed the swift torrent is churned into whirlpools, cata racts, and rapids. Near the Great Crossing, where the war parties and hunting parties were ferried over the river, lies Nick-a-jack's cave, a vast cavern in the mountain-side. Out of it flows a stream up which a canoe can paddle two or three miles into the heart of the mountain. In these high fastnesses, inaccessible ravines, and gloomy caverns the Chickamaugas built their towns, and to them they retired with their prisoners and booty after every raid on the settlements." COLONIAL DAYS 67 French and Indian War Land Warrants. 1 ° The Chick amaugas lived on Chickamauga creek and in the moun tains about where Chattanooga now stands; they were kins men of the Cherokees. In 1748 Dr. Thomas Walker and a party of hunters came from Virginia into Powell's Valley, crossing the mountains at Cumberland gap, and named it and the river in honor of the Duke of Cumberland, Prime Minister of England. In 1756-7 the English built Fort Lou don, 30 miles from Knoxville, as the French were trying to get the Cherokees to make war on the North Carolina set tlers. After the treaty of peace between France and England in 1763 many hunters poured over the mountains into Ten nessee; though George III had ordered his governors not to allow whites to trespass on Indian lands west of the moun tains, and if any white man did buy Indian lands and and the Indians moved away the land should belong to the king. He appointed Indian commissioners; but the whites persisted, some remaining a year or more to hunt and were called Long Hunters. Land warrants had been issued to officers and soldiers who had fought in the French and Indian wars and those issued by North Carolina wanted to settle in what is now Tennessee. The Iroquois complained that whites were killing their stock and taking their lands, and at a great Indian council at Fort Stanwix, at Rome, N. Y., the northern tribes gave England title to all their lands between the Ohio and Tennessee rivers in 1767. But the Indian commissioners for the southern tribes called a council at Hard Labor, S. C, and bought title to the same land from the Cherokees. These treaties were finished in 1768. William Bean in 1769 was living in a log cabin where Boone's creek joins the Watauga. In 1771 Parker and Carter set up a store at Rogersville, and people from Abingdon (called Wolf's Hill) followed, and the settlement was called the Carter's Valley settlement. In 1772 Jacob Brown opened a store on the NoUechucky river, and pioneers settling around, it was called NoUechucky set tlement. Shortly before Bean had settled the Cherokees had attacked the Chickasaws and been defeated, and the settlers got a ten years' lease from Indians for lands they claimed. In May 1771, at Alamance, Tryon had defeated the Regula tors and many of them had moved to Tennessee. Most settlers in Tennessee thought they were in Virginia, but either 68 HISTORY OF WESTERN NORTH CAROLINA Richmond or Raleigh was too far off, so they formed the Watauga Association in 1772 and a committee of 13 elected five commissioners to settle disputes, etc., with judicial powers and some executive duties also. It was a free government by the consent of every individual. When the Revolution ary War began Watauga Association named their country Washington District and voted themselves indebted to the United Colonies for their share of the expenses of the war. The Watauga Settlement and Indian Wars. This caused the British government to attempt the destruction of these settlements by inciting the Cherokees to make war upon them. Alexander Cameron was the Indian commis sioner for the British and he furnished the Indians with guns and ammunition for that purpose; but in the spring of 1776, Nancy Ward, a friendly Indian woman, told the white settlers that 700 Cherokee warriors intended to attack the settlers. They did so, but were defeated at Heaton's Station and at Watauga Fort. In these battles the settlers were aided by Virginia. James Robertson and John Sevier were leaders in these times. It was after this that Virginia and North Carolina and South Carolina sent soldiers into the Cherokee country of North Carolina for the extermination of the sav age Cherokees. J 1 In August 1776 the Watauga Settlement asked to be annexed by North Carolina, 113 men signing the petition, all of whom signed their names except two, who made their marks. There seems to be no record of any formal annexation; but in November, 1776, the Provisional Congress of North Carolina met at Halifax and among the delegates present were John Carter, John Sevier, Charles Robertson and John Haile from the Washington District. It is, there fore, safe to conclude that Watauga had been annexed, for these men helped to frame the first free constitution of the State of North Carolina. But this Watauga Association seems to have continued its independent government until February, 1778; for in 1777 (November) Washington Dis trict became Washington county with boundaries cotermi nous with those of the present State of Tennessee. Magis trates or justices of the peace took the oath of office in Feb ruary, 1778, when the entire county began to be governed under the laws of North Carolina. Thus, the Watauga Asso ciation was the germ of the State of Tennessee, and although COLONIAL DAYS 69 there is on a tree near Boone's creek an inscription indicating that Daniel Boone killed a bear there in 1760, William Bean appears to have been the first permanent settler of that sec tion. Indeed, this author states that Col. Richard Hender son, of North Carolina, induced Boone to make his first visit to Kentucky in the spring of 1769, and that James Robertson, afterwards "The Father of Middle Tennessee, " accompanied him; but stopped on the Wautaga with William Bean and raised a crop, removing his family from Wake county in 1770 or 1771. Forts Loudon and Dobbs. Fort Loudon was on the Little Tennessee. It was attacked and besieged by the Indians, and surrendered August 9, 1760, after Indian women had kept the garrison in food a long time in defiance of their own tribesmen. 1 2 In 1756 Fort Dobbs was constructed a short distance south of the South Fork of the Yadkin. 1 3 For the first few years Fort Dobbs was not much used, * 4 the Catawbas being friendly; but in 1759 the Yadkin and Ca tawba valleys were raided by the Cherokees, with the usual results of ruined crops, burned farm buildings, and murdered households. The Catawbas, meanwhile, remained faithful to their white friends. Until this outbreak the Carolinas had greatly prospered; but after it most of the Yadkin families, with the English fur-traders, huddled within the walls of Fort Dobbs, but many others fled to settlements nearer the Atlantic. 1 6 In the early winter of 1760 the governors of Virginia and North and South Carolina agreed upon a joint campaign against the hostiles, and attacked the Cherokee towns on the Little Tennessee in the summer of 1760, com pletely crushing the Indians and sent 5,000 men, women and children into the hills to starve. 1 6 With the opening of 1762 the southwest border began to be reoccupied, and the aban doned log cabins again had fires lighted upon their hearths, the deserted clearings were again cultivated, and the pursuits of peace renewed. x 7 Remains of Fort Loudon. In June, 1913, Col. J. Fain Anderson, a noted historian of Washington College, Tenn., visited Fort Loudon, and found the outline of the ditches and breastworks still visible. The old well was walled up, but the wall has fallen in. He says there were twelve small iron cannon in this fort in 1756, all of which had been "packed 70 HISTORY OF WESTERN NORTH CAROLINA over the mountains on horses, " and that a Mr. Steele who lives at McGee's Station — the nearest railroad station to the old fort — has a piece of one of them which his father ploughed up over forty years ago. The land on which the fort stood now belongs to James Anderson, a relative of J. F. Anderson, near the mouth of Tellico creek. But no tablet marks the site of this first outpost of our pioneer ancestors. Westward the Course of Empire Takes Its Way. From Judge A. C. Avery's "Historic Homes of North Caro lina" (N. C. Booklet, Vol. iv, No. 3) we get a glimpse of the slow approach of the whites of the Blue Ridge : "According to tradition the Quaker Meadows farm near Morganton was so called long before the McDowells or any other whites established homes in Burke county, and derived its name from the fact that the Indians, after clearing parts of the broad and fertile bottoms, had suffered the wild grass to spring up and form a large meadow, near which a Quaker had camped before the French and Indian War, and traded for furs." This was none other than Bishop I. Spangenberg, the Moravian, who, on the 19th of November, 1752, (Vol. v, Colonial Records, p. 6) records in his diary that he was en camped near Quaker Meadows "in the forest 50 miles from any settlement." The McDowell Family. Judge Avery goes on to give some account of the McDowells : Ephraim McDowell, the first of the name in this country, having emigrated from the north of Ireland, when at the age of 62, accompanied by two sons, settled at the old McDowell home in Rockbridge coun ty, Virginia. His grandson Joseph and his grandnephew "Hunting John" moved South about 1760, but owing to the French and Indian War went to the northern border of South Carolina, where their sturdy Scotch-Irish friends had already named three counties of the State, York, Chester and Lancas ter. One reason for the late settlement of these Piedmont regions was because the English land agents dumped the Scotch-Irish and German immigrants in Pennsylvania, from which State some moved as soon as possible to the unclaimed lands of the South. "Hunting John" and His Sporting Friends. "But as soon as the French and Indian war permitted the McDow ells removed to Burke. 'Hunting John' was so called be- COLONIAL DAYS 71 cause of his venturing into the wilderness in pursuit of game, and was probably the first to live at his beautiful home, Pleasant Gardens, in the Catawba Valley, in what is now McDowell county. About this time also his cousin Joseph set tled at Quaker Meadows; though 'Hunting John' first en tered Swan Ponds, about three miles above Quaker Meadows, but afterwards sold it, without having occupied it, to Waight- still Avery. . . . The McDowells and Carsons of that day and later reared thorough-bred horses, and made race-paths in the broad lowlands of every large farm. They were su perb horsemen, crack shots and trained hunters. John McDowell of Pleasant Gardens was a Nimrod when he lived in Virginia, and we learn from tradition that he acted as guide for his cousins over the hunting grounds when, at the risk of their lives, they, with their kinsmen, James Greenlee and Captain Bowman, [who fell at Ramseur's Mill in the Revo lutionary War] traveled over and inspected the valley of the Catawba from Morganton to Old Fort, and selected the large domain allotted to each of them." Log-Cabin Ladies' Whims. "They built and occupied strings of cabins, because the few plank or boards used by them were sawed by hand and the nails driven into them were shaped in a blacksmith's shop. I have seen many old buildings, such as the old houses at Fort Defiance, the Lenoir house and Swan Ponds, where every plank was fastened by a wrought nail with a large round head — sometimes half an inch in diameter. From these houses the lordly old propri etors could in half an hour go to the water or the woods and provide fish, deer or turkeys to meet the whim of the lady of the house. They combined the pleasure of sport with the profit of providing their tables. . . . 'Hunting John' prob ably died in 1775. " Living Without Law or Gospel? William Byrd, the Vir ginia commissioner who helped to run the boundary between North Carolina and Virginia in 1728, wrote to Governor Bar- rington, July 20, 1731, 18that it "must be owned that North Carolina is a very happy country where people may live with the least labor that they can in any part of the world, " and "are accustomed to live without law or gospel, and will with great reluctance submit to either." This is still true of North Carolina, except the statement — which was never true — that 72 HISTORY OF WESTERN NORTH CAROLINA we were accustomed to live without law or gospel in 1731 ; for when this identical gentleman was seeking to get paid for his services as a commissioner to run the boundary line in 1728, he wrote the Board of Trade that the Reverend Peter Foun tain, the chaplain of that survey "christened over 100 chil dren among the settlers along the line in North Carolina." A "Bird" Who Spelt His Name Improperly. In spite of his animadversions upon the pioneer settlers of the eastern part of our State, we must always incline to forgive Col. Wil liam Byrd of Westover after reading his piquant and learned disquisitions upon many matters in the "Dividing Line." He must truly have been what we of more modern times call a "Bird," although he spelt his name with a y. Where Every Day was Sunday. 1 9 Following are Col. Byrd's Pictures of Colonial Days: "Our Chaplain, for his Part, did his Office, and rubb'd us up with a Seasonable Ser mon. This was quite a new Thing to our Brethren of North Carolina, who live in a climate where no clergyman can Breathe any more than Spiders in Ireland. For want of men in Holy Or ders, both the Members of the Council and Justices of the Peace are empowered by the Laws of that Country to marry all those who will not take One another's Word; but for the ceremony of Christening their children, they trust that to chance. If a parson come in their way, they will crave a Cast of his office, as they call it, else they are content their Offspring should remain Arrant Pagans as themselves. They account it among their greatest advantages that they are not Priest-ridden, not remembering that the Clergy is rarely guilty of Bestriding such as have the misfortune to be poor. . . . One thing may be said for the Inhabitants of that Pro vince, that they are not troubled with any Religious Fumes, and have the least Superstition of any People living. They do not know Sunday from any other day, any more than Robinson Crusoe did, which would give them a great Advan tage were they given to be industrious. But they keep so many Sabbaths every week, that their disregard of the Seventh Day has no manner of cruelty in it, either to servants or cattle." Nymph Echo in the Dismal Swamp. 2 ° Once, when sep arated from their companions, Col. Byrd "ordered Guns to be fired and a drum to be beaten, but received no Answer, COLONIAL DAYS 73 unless it was from that prating Nymph Echo, who, like a loquacious Wife, will always have the last word, and Some times return three for one. " They Brought no Capons for the Parson. 2 1 Some of the people were apprehensive that the survey would throw their homes into Virginia. "In that case they must have sub mitted to some Sort of Order and Government; whereas, in North Carolina, every One does what seems best in his own Eyes. There were some good Women that brought their children to be Baptiz'd, but brought no Capons along with them to make the solemnity cheerful. In the meantime it was Strange that none came to be marry' d in such a Multi tude, if it had only been for the Novelty of having their Hands Joyn'd by one in Holy Orders. Yet so it was, that tho' our chaplain Christen'd above an Hundred, he did not marry so much as one Couple during the whole Expedition. But marriage is reckon'd a Lay contract, as I said before, and a Country Justice can tie the fatal Knot there, as fast as an Arch bishop." Gentlemen Smell Liquor Thirty Miles.22 "We had several Visitors from Edenton [who] . . . having good Noses, had smelt out, at 30 Miles Distance, the Precious Liquor, with which the Liberality of our good Friend Mr. Mead had just before supply'd us. That generous Person had judg'd very right, that we were now got out of the Latitude of Drink proper for men in Affliction, and therefore was so good as to send his Cart loaden with all sorts of refreshments, for which the Commissioners return' d Him their Thanks, and the Chap lain His Blessing." Getting up an Appetite for Dog.23 "The Surveyors and their Attendants began now in good earnest to be alarm ed with Apprehensions of Famine, nor could they forbear look ing with Some Sort of Appetite upon a dog that had been the faithful Companion of their Travels." Poverty with Contentment. 2 4 The following is Col. Byrd's idea of some of our people who lived near Edenton in 1728: "Surely there is no place in the world where the Inhabitants live with less labor than in North Carolina? It approaches nearer to the descrip tion of Lubberland than any other, by the great felicity of the Climate, the easiness of raising provisions, and the Slothf ulness of the People. . . . 74 HISTORY OF WESTERN NORTH CAROLINA The Men, for their Parts, just like the Indians, impose all the Work upon the poor Women. They make their Wives rise out of their Beds early in the morning, at the same time that they lye and Snore, till the sun has run one third his course, and disperst all the unwholesome damps. Then, after Stretching and Yawning for half an Hour, they hght their Pipes, and, under the Protection of a cloud of Smoak, venture out into the open Air; tho', if it happens to be never so httle cold they quickly return Shivering into the Chimney corner. When the weather is mild, they stand leaning with both their arms upon the corn-field fence, and gravely consider whether they had best go and take a Small Heat at the Hough; but generally find reasons to put it off till another time. Thus they loiter away their lives, like Solomon's Sluggard, with their arms across, and at the Winding up of the Year Scarcely have Bread to Eat. To speak the truth, 'tis aversion to Labor that makes People file off to N. Carolina, where Plenty and a warm Sun confirm them in their disposition to Laziness for their whole Lives." Our Commissioner Treats the Parson to a Fricassee of Rum. 2 5 The chaplain went once to Edenton, accompanied by Mr. Little, one of the North Carolina commissioners, "who to shew his regard for the Church, offer'd to treat Him on the Road with a fricassee of Rum. They fry'd half a Doz en Rashers of very fat Bacon in a Pint of Rum, both of which being disht up together, served the Company at once for meat and Drink. " The Democracy of the Colonists.26 "They are rarely guilty of Flattering or making any Court to their governors, but treat them with all the Excesses of Freedom and Famil iarity. They are of opinion their rulers wou'd be apt to grow insolent, if they grew Rich, and for that reason take care to keep them poorer, and more dependent, if possible than the Saints in New England used to do their Governors. " The Men of Alamance. Meantime the exactions of the British tax collectors had brought on the Regulators War, and the battle of Alamance in May, 1771, resulted in the departure of a "company of fourteen families" from "the present county of Wake to make new homes across the mountains. 2 7 The men led the way and often had to clear a road with their axes. Behind the axmen went a mixed procession of women, children, dogs, cows and pack-horses loaded with kettles and beds." These settled in Tennessee on the Watauga river. James Robertson, "a cool, brave, sweet-natured man was the leader of the company." Then came John Sevier and many others. In the language of the COLONIAL DAYS 75 Hon. George Bancroft, historian and at that time minister to England, "it is a mistake if anyone have supposed that the Regulators were cowed down by their defeat at Alamance. Like the mammoth, they took the bolt from their brow and crossed the mountains." Of them and those who followed them, Hon. John Allison in his "Dropped Stitches of Ten nessee History" (p. 37) says: "The people who made it possible for Tennessee to have a centennial were a wonderful people. Within a period of about fifteen years they were engaged in three revolutions; participated in organizing and lived under five different governments; established and administered the first free and independent government in America, founded the first church and the first college in the Southwest; put in operation the second newspaper in the 'New World West of the Alleghanies'; met and fought the British in half a dozen battles, from Kings Mountain to the gates of Charleston, gaining a victory in every battle; held in check, beat back and finally expelled from the country four of the most power ful tribes of Indian warriors in America; and left Tennesseans their fame as a heritage, and a commonwealth of which it is their privilege to be proud." The Freest of the Free. The historian, George Ban croft, exclaims : ' 'Are there any who doubt man's capacity for self-government? Let them study the history of North Carolina. Its inhabitants were restless and turbulent in their imperfect submission to a government imposed from abroad; the administration of the colony was firm, humane and tran quil when they were left to take care of themselves. Any government but one of their own institution was oppres sive. North Carolina was settled by the freest of the free. " 2 8 The First Public Declaration of Independence. This was made at Halifax, N. C, by the Provisional Congress, April 12, 1776, when its delegates to the Continental Con gress were authorized to concur with other delegates in "declaring independence and forming foreign alliances," reserving the right of forming a constitution and laws for North Carolina. The Scotch-Irish; Their Origin and Religion. 29 "Men will not be fully able to understand Carolina till they have opened the treasures of history and drawn forth some few particulars respecting the origin and religious habits of the Scotch-Irish and become familiar with their doings previous to the Revolution— during that painful struggle — and the 76 HISTORY OF WESTERN NORTH CAROLINA succeeding years of prosperity; and Carolina will be respected as she is knwon. " In Pioneer Days. 3 ° The men and boys wore moccasins, short pantaloons and leather leggings, hunting shirts, which were usually of dressed deerskin, cut like the modern shirt, open the entire length in front and fastened by a belt. In this belt were carried a small hatchet and a long, sharp hunting knife. They wore caps of mink or coon skin, with the tail hanging behind for a tassel. The rifles were long, muzzle- loading, flint-locks, and in a pouch hung over one shoulder were carried gun-wipers, tow, patching, bullets, and flints, while fastened to the strap was a horn for powder. The women and girls wore sun bonnets, as a rule, and had little time to spend on tucks and ruffles. There was no place at which to buy things except the stores of Indian traders, and they had very few things white people wanted. . . . The pioneer moved into a new country on foot or on horse back and brought his household goods on pack horses. They were about as follows : The family clothing, some blankets and a few other bed clothes, with bed ticks to be filled with grass or hair, a large pot, a pair of pothooks, an oven with lid, a skillet, and a frying pan, a hand mill to grind grain, a wooden trencher in which to make bread, a few pewter plates, spoons, and other dishes, some axes and hoes, the iron parts of plows, a broadax, a froe, a saw and an auger. Added to these were supplies of- seed for field and vegetable crops, and a few fruit trees. When their destination was reached the men and boys cut trees and built a log house, split boards with the froe and made a roof which was held on by weight poles, no nails be ing available. Puncheons were made by splitting logs and hewing the flat sides smooth for floors and door shutters. Some chimneys were made of split sticks covered on the in side with a heavy coating of clay; but usually stones were used for this purpose, as they were plentiful. The spaces between the log walls were filled in by mortar, called chinks and dobbin. Rough bedsteads were fixed in the corners of the rooms farthest from the fire place, and rude tables and benches were constructed, with three-legged stools as seats. Pegs were driven into the walls, and on the horns of bucks the rifle was usually suspended above the door. Windows were few and unglazed. Then foUowed the spinning wheel, COLONIAL DAYS 77 the reel, and the hand loom. Cards for wool had to be bought. The horses and cattle were turned into the woods to eat grass in summer and cane in winter, being enticed home at night by a small bait of salt or grain. The small trees and bushes were cut and their roots grubbed up, while the larger trees were girdled and left to die and become leaf less. Rails were made and the clearing fenced in, the brush was piled and burnt, and the land was plowed and planted. After the first crop the settler usually had plenty, for his land was new and rich. Indeed, the older farmers of this region were so accustomed to clearing a "new patch" when the first was worn out, instead of restoring the old land by modern methods, that even at this time they know little or nothing of reclaiming exhausted land. Cooking was done on the open hearths by the women who dressed the skins of wild animals and brought water from the spring in rude pails, milked the cows, cut firewood, spun, wove, knit, washed the clothing, and tended the bees, chickens and gardens. When the men and boys were not at work in the fields they were hunting for game. After the first settlement time was found for cut ting down the larger trees for fields, and the logs were rolled together by the help of neighbors and burned. The first rude cabin home was turned into a stable or barn and a larger and better log house constructed. When the logs had been hewed and notched neighbors were invited to help in raising the walls. The log-rollings and house-raisings were occasions for large dinners, some drinking of brandy and whiskey, games and sports of various kinds. There were no schools and no churches at first, and no wagon roads; but all these things followed slowly. Other Early Explorers. In the case of Avery v. Walker, (8 N. C, p. 117) it appears that Col. James Hubbard and Captain John Hill had "been members of Col. George Do- horty's party" and explored "the section of country around Bryson City, Swain county, shortly before April 22, 1795"; that Col. John Patton, the father of Lorenzo and Montreville Patton of Buncombe, and who owned the meadow land on the Swannanoa river which was sold to George W. Vander- bilt by Preston Patton, and the "haunted house" at the ford of that river, when the stage road left South Main street at what is now Victoria Road and crossed the Swannanoa, there, 78 HISTORY OF WESTERN NORTH CAROLINA instead of at Biltmore, was then county surveyor of Bun combe, and refused to survey land on Ocona Lufty for Waight- still Avery because it was "on the frontier and the Indian boundary had not then actually been run out, and it might be dangerous to survey near the line." Also that Dohorty's party had a battle with the Indians at the mouth of Soco creek, and that what is now Bryson city was then called Big Bear's village. In Eu-Che-Lah v. Welch (10 N. C, p. 158) will be found an exhaustive study of the laws of Great Britain in colonial days regarding the granting of Indian lands and of the various treaties made by the State with the Cherokee In dians since July 4, 1776. NOTES. 'Roosevelt, Vol. Ill, 276 to 280. 2Ibid.3Hill, pp. 32, 116.