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Federal court records: Latimer v. Poteet, Meigs Post

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  • wcu_great_smoky_mtns-9774.jpg
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  • OF THE UNTIED STATES. " were not regularly ascertained and marked, until the latter part of the year 1707. The second article provides, that, the treaty subsisting between the present contracting parties, are acknowledged to be of full and operating force ; together with the construction and usage under their respective articles, and so to continue. And in the third article, it, is declared, that the limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty. *Thc object of the govern- r ment in entering into this treaty was, to purchase the Indian terri- 1 torv, into which white settlers had intruded, at and near Nine Mile creek, and perhaps other places,-. The line established was run and marked, and we have the original map, or a copy of the survey, before us, which was returned to the war department. That this purchase was of territory not included in the boundaries of the Holston treaty, will not be disputed. And from the language of the third article, it is clear, that the parties did not intend to establish an entirely new boundary, but to make such alterations of the Holston boundary as should secure the object of the United States. The land lying southwest of the Holston boundary belonged to the Indians ; and it was a part of this land that was purchased by the treaty of Tellico. Of course, this purchase extended from the Holston treaty line southerly ; for no one can suppose, that a strip of Indian land would be left between the treaty lines of Holston and Tellico. The facts go clearly to show, that the Tellico purchase was up to the Holston line, and that the part of that line to which the purchase did not extend, was designated ; and the point where the Tellico line varied from it, so as to include the lands purchased, is marked on the map. And this shows the propriety of the language used in the third article of the Tellico treaty; that "the boundaries should remain the same as established by existing treaties, where not altered by the present treaty." The line of this treaty was to begin "at, the Wildcat Rock, in a direct line to the Militia Spring, near the MaryPUe road, leading from Tellico. From the said spring, to tlte Chilhowee mountain, by a line so to b*> 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." This line is laid down on the map, and although it is not called the southern boundary of the Holston treaty, yet it is recognised as the northern boundary of the territory purchased ; and consequently, must be the Holston boundary. Hawkins's line extends from Clinch, crossing the Holston, some miles above its mouth, and runs between the waters of Little river and those of the Tennessee, as appears from the map, and continues until it reaches the summit of the Great Iron mountain. At this ]>oint, a monument is erected ; but if the line was extended beyond this, easterly, it was not, probably, marked ; and it is not laid down on the plat. It is probable, that the original survey of this line was destroyed, when the war-office was burnt, in 1800. From the Wildcat Rock, the Tellico treaty calls "to run down the north-east margin of the Tennessee river, 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
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Object’s are ‘parent’ level descriptions to ‘children’ items, (e.g. a book with pages).