At a meeting of the principal Chiefs & Warriors of the Cherokee Nation, with John Stuart, Esqr, Superintendent of Indian Affairs, &c., at Lochabor, So. Carolina, October 18th, 1770.
Present: Colo. Donelson, by appointment of his Excellency, the Right Honble Lord Botetourt, in behalf of the province of Virginia; Alexr Cameron, deputy Superintendant; James Simpson, Esqr, Capt. Winter, Christopher Peters, Esqr, Edw’d Wilkinson, Esqr, and Jno. Hamerrar, Esqr. Besides a great number of the back in habitants of the province of South Carolina, and the following chiefs of the Cherokee Nation: Oconistoto,
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Kittagusta, Attacallaculla, Keyatoy, Tiftoy, Tarrapino, Eny of Tugalo, Scaliloskie, Chimista, Chimista of Wataugali, Otaciti of Hey Wassie, and about a thousand other Indians of the same nation.
John Watts, David McDonald, Jno. Vaust, Interpreters.
Treaty, Monday, 22d Oct’r.
At a congress of the principle chiefs of the Cherokee Nation, held at Lochaber, in the province of South Carolina, on the 18th day of Octbr, in the year of our Lord 1770, by John Stuart, Esqr, his Majesty’s Agent for, and Superintendent of, the affairs of the Indian Nation in the southern district of No. America.
A treaty for a cession ! his most sacred Majesty, George the third, by the Grace of God of Great Britain, France & Ireland, King, defender of the faith, &c., by the Said Nation of Cherokee Indians, of certain lands lying within the limits of the Dominion of Virginia.
Whereas a treaty entered into & concluded at Hard Labour the 14th day of Octr, in the year 1768, by John Stuart, esquire, his Majesty’s Agent for, & superintendent of the affairs of, the Indian Nations inhabiting the southern district of North America, with the principal and ruling chiefs of the Cherokee Nation, all the lands formerly claimed by & belonging to the said Nation of Indians lying within the province of Virginia to the eastward of a line, beginning at the boundary of the province of No. Carolina & Virginia, running in a N. B. E. Course to Colo Chisewell’s mine on the eastern bank of the Great Canaway, & from thence in a straight line to the mouth of the said Great Canaway river, where it discharges itself into the Ohio river, were ceded to his most sacred Majesty, his heirs and sucessors; and whereas by the above recited treaty all the lands lying between Holsten’s river, & the line above specified were determined to belong to the Cherokee Nation to the great Loss &
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inconvenience of many of his Majesty’s subjects inhabiting the said lands; and representation of the same having been made to his Majesty by his Excellency, the Rt. Honble Norborne Baron de Botetourt, his majesty’s Lieutenant & Govr General of the dominion of Virginia, in consequence whereof his majesty has been graciously pleased to signify his Royal Pleasure to John Stuart, Esq., his Agent for, and Superintendent of, Indian Affairs in the Southern district of North America, by an instruction contained in a letter from the Right Honble the Earl of Hillsborough, one of his Majesty’s principal secretaries of state, Dated the 13th of May, 1769, to enter into a negotiation with the Cherokees for establishing a new boundary line beg’g at the point where the No. Carolina line terminates, & to run thence in a west course to Holsten’s river, where it is intersected by a continuation of the line dividing the province of No. Carolina & Virginia, and thence a straight course to the confluence of the great Canaway and Ohio rivers.
Decr 12th, 1770.
Article 1st. Pursuant Therefore to his Majesty’s orders & power & authority vested in John Stuart, Esqr, Agent for and Superintendent of the affairs of the Indian tribes in the Southern district, It is agreed upon by the said John Stuart, esqr, on behalf of his most sacred Majesty, George the third, by the grace of God, of Great Britain, France & Ireland, King, defender of the faith, &c.; And by the subscribing cherokee chiefs and warriors on behalf of their said nation in consideration of his Majesty’s paternal goodness, so often demonstrated to them, the said Cherokee Indians, & from their affection & friendship for their Brethren, the inhabitants of Virginia, as well as their earnest desire of removing as far as possible all cause of dispute between them & the said inhabitants on account of encroachment on lands reserved by the said Indians for themselves & also for a valuable consideration in various sorts of Goods paid to them by the said John Stuart, esqr, on behalf of the dominion of Virginia, that the hereafter recited line be ratified and confirmed and it is hereby ratified & confirmed accordingly, And it is by these presents firmly stipulated & agreed upon by the parties aforesaid that a line beginning where the boundary line between the province of
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No. Carolina & the Cherokee hunting grounds terminates & running thence in a west course to a point six miles east of long Island in Holstins river & thence to said river six miles above the said long Island thence in a ** course to the confluence of the great Canaway & Ohio rivers, shall remain and be deemed by all his Majesty’s white subjects as well as all the Indians of the Cherokee Nation the true & just limits & boundaries of the lands reserved by the said Nation of Indians for their own proper use and dividing the same from the lands ceded by them to his Majesty within the limits of the province of Virginia, and that his Majesty’s white subjects inhabiting the province of Virginia shall not, upon any pretence whatsoever, settle beyond the said line, nor shall the said Indians make any settlements or encroachments on the lands which by this treaty they cede and confirm to his Majesty; and it is further agreed that as soon as his Majesty’s Royal approbation of this treaty shall have been signified to the Governor of Virginia or Superintendent this treaty shall be carried into execution.
Article IInd. And it is further agreed upon and stipulated by the contracting parties that no alteration whatsoever shall hence forward be made in the boundary line above recited & now solemnly agreed upon, except such as may hereafter be found expedient & necessary for the mutual interest of both parties & which alteration shall be made with the consent of the superintendant or such other person or persons as shall be authorized by his Majesty as well as with the consent & approbation of the cherokee Nation of Indians at a congress or general meeting of said Indians to be held for said purpose and not in any other manner.
In Testimony whereof the said Superintendant on behalf of his Majesty & the underwritten cherokee chiefs on behalf of the Nation have signed & sealed this present treaty at the time & place aforesaid.
JOHN STUART. [L. S.]
Chinista of Sugar Town, [L. S.]
Chinista of Wataugah, [L. S.]
Otasite Hey Wassie, [L. S.]
Oconistoto Y C, [L. S.]
Kittagusta, [L. S.]
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Attacullaculla, [L. S.]
Keyatoys Mark, [L. S.]
Kinlilaps do, [L. S.]
Ukayonla, [L. S.]
Chuckamuntas, [L. S.]
Sky agusta Tiftoy, [L. S.]
Terrapino, [L. S.]
Ency of Tugalo, [L. S.]
Scalilus Key of Sugar Town. [L. S.]
By order of the Superintendant, William Ogilvy, Sec’y.
The proceedings of the above Congress & also the said treaty were read in Council Decr 12th, 1770.
