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Federal court records: Latimer v. Poteet, Meigs Post

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  • - OF THE UNITED STATES. Lattimcr v. Poteet. operations: and whereas, further delays in carrying the said fourth article into complete effect did take place, so that the boundaries mentioned and described were not regularly ascertained and marked, until the latter part of the year 1797 ; before which time, and for want of knowing the direct course of said boundary, divers settlements were made by citizens of the United States upon the Indian lands, over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties ; but which settlers were removed from the said Indian lands, by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as the nature of the case had admitted." The fourth article declares, " In acknowledgment for the protection of the United States, and for the considerations hereafter expressed and contained, the Cherokee nation agrees, end does hereby relinquish and cede to the United States, all the lands within the following points and lines, viz : from a point on the Tennessee river, below Tellico block house, called the "Wildcat Rock, in a direct line to the Militia Spring, near the Maryville road, leading from Tellico. From the said spring to the Chilhowee mountain, by a line so to be run as will leave all the farms on Nine-mile creek to the northward and eastward of it; and to be continued along Chilhowee mountain ♦until it strikes Hawkins's line. Thence, along the said line, to the r*9 Great Iron mountain ; and from the top of which a line to be con- "- tinued in a south-easterly course, to where the most southerly branch of the Little river crosses the divisional line to Tugalo river ; and from the place of beginning, at the Wildcat Rock, down to the north-east margin of the Tennessee river (not including islands), to a point or place one mile above the junction of that river with the Clinch ; and from thence, by a line to be drawn in a right angle, until it intersects Hawkins's line leading from Clinch; thence, down the said line, to the river Clinch ; thence, up the said river, to its junction with Emmery's river ; and thence, up Emmery's river, to the foot of Cumberland mountain, &c." The 5th article provided, that this line . should be run and marked under the superintendence of commissioners appointed by both parties r and that maps should be made, one of which was to be deposited in the war-office. The Indian boundary established by the treaty of Holston calls for certain lines and natural objects, which, it would seem, give as much certainty to a boundary as could well be given, short of a marked line or water-course. It was to begin at the top of the Currahee mountain, where the Creek line passes it. This mountain is in the state of Georgia, and is designated on the maps of that state ; and " where the Creek line passes it," is easily ascertained. From this point, the line was to run direct to Tugalo river, an object well known, and marked on the maps ; thence, north-east to the Occunna mountain, and over the same, along the South Carolina Indian boundary, to the North Carolina boundary. This mountain is designated on the map, and the boundaries called for, being established, were known. From the North Carolina southern boundary, the line was to run north, to a point, from which a line is to be extended to the river Clinch, that shall pass the Holston, at the ridge which divides the waters running into Little river from those running into the Tennessee. The point at which the line shall strike the Holston, at the ridge, not being certain, gave rise to some contro-
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