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WCU - Great Smoky Mountains - A Park for America

Federal court records: Latimer v. Poteet, Meigs Post

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Item 1 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 2 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 3 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 4 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 5 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 6 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 7 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 8 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Federal court records: Latimer v. Poteet, Meigs Post

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Item 10 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 11 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 12 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item 13 - Federal court records: Latimer v. Poteet, Meigs Post
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Federal court records: Latimer v. Poteet, Meigs Post

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Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • OF THE UNITED STATES. Lattimer v. Poteet. by this construction, is wholly disregarded. And on what ground, isthis construction attempted to be maintained ? The answer must be, simply on the call for the line to cross the Holston river at the ridge. A call, in itself, somewhat indefinite, and which was never construed by the Indians to mean the mouth of the Holston ; nor was such a construction insisted on by the United States, either at the time the treaty was concluded, or afterwards. The Hopewell treaty line, in running a southerly course, strikes the northern boundary of North Carolina, near Nalichuchey, and extends south to the North Carolina line, and thence to the South Carolina Indian boundary. From a point in the Hopewell line, near where it strikes the southern boundary of Nort Carolina, a line seems to have been run by General Pickens, north seventy-six west, to the slate road leading from Ashville to Clayton, in Georgia. But. this line has no connection with any other, and does not appear to have been regarded, either by the United States or the Indians, as any part of the line established by the Holston treaty. It was certainly not run agreeable to the treaty. The evidence establishes, very satisfactorily, that Hawkins's line, so far as it goes, is the boundary of the Holston treaty ; and it is very clear, from the language of the treaty, that from the Clinch, crossing the Holston river at the ridge, to the point at which this line will intersect a line run north from the southern boundary of North Carolina, a straight line was intended. Of this, no doubt can exist ; and it is only necessary to extend Hawkins's line from the top of the Great Iron mountain, eastward, to the point where it shall intersect a line run north from the place where the South Carolina Indian boundary strikes the southern boundary of North Carolina. This, we feel authorized to say, from the evidence before us, constitutes the boundary of the Holston treaty. It is argued, that it was not in the power of the United States and the Cherokee nation, by the treaty of Tellico, in 1798, to vary in any degree the treaty line of Holston ; so as to affect private rights, or the rights of North Carolina. The answer to this is, that the Tellico treaty does not purport to alter the boundary of the Holston treaty, but by the acts of the parties, this boundary is recognised. Not that a new boundary was substituted, but that the old one was substantially designated. Will any one deny, that the parties to the treaty are competent to determine any dispute respecting its limits. In what mode can a controversy of this nature be so satisfactorily determined as by the contracting parties. If their language in the treaty be wholly indefinite, *or the natural objects called for ,^ are uncertain or contradictory, there is no power but that which >■ formed the treaty which can remedy such defects. And it is a sound principle of national law, and applies to the treaty-making power of this government, whether exercised with a foreign nation or an Indian tribe, that all questions of disputed boundaries may be settled by the parties to the treaty. And to the exercise of these high functions by the government, within its constitutional powers, neither the rights of a state, nor those of an individual, can be interposed. We think it was in the due exercise of the powers of the executive and the Cherokee nation, in concluding the treaty of Tellico, to recognise in terms, or by acts, the boundary of the Holston treaty. It is agreed, that if Hawkins's line shall be extended as the Holston
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Great Smoky Mountains - A Park for America

This digital collection was created to contribute to the public's understanding of the forces and ideas that led to the establishment of the Great Smoky Mountains National Park in 1934. The most vi...

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