Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1895-11-27

their road, killed game for their sup
port, aud on their arrival at Fort Stain
wix, they Immediately rendered the
skins to the Indians of the Six Nation,
saying they are yours, we killed then
after we passed the Big River. The
Cherokees have always designated tht
Tennessee by this name. The treaty ol
Folt Stainwix passed away from the
Six Nations, the sole sovereigns of the
soil, all their rights southeast of the
Ohio, and down to the Cherokee River
which they say in the treaty, is theil
just right, and vested the soil and SOW.
ereignty in the British king. This title
was relinquished to the United States
by the treaty of 1888, and indeed be
came vested in the respective States
where it lay, by the declaration of in.
dependence on the 4th of July, 1776
for that act having been eventually
supported, is valid one, and was eff
fectual from the day of its transaction.
The claim of the Six Nations is founded,
as their traditional history says, upon
the conquest of the country from the
first possessors, or sovereigns of the soil.
As if Gov. Blount was lying on a
bed of roses, and had more leisure on
his hands than could be employed in
recreation, the Governor of Virginia
began TO make him uneasy. Governor
Blount had directed the officers of the
territory to exercise jurisdiction as far
as Henderson line; the Governor of
Virginia issued proclamation in op
position to the fact which the instruc-
tions maintained. The act of Virginia
for extending her jurisdiction, mean
ing no doubt the act of the 7th Decem-
ber, 1901, was founded, as Gov. Blount t
alleged, on resolution of the Assem-
bly, of North Carolina, passed long
after the acceptance of cession by Con
gress, and many months after the or
ganization of the territorial govern
ment, and could only have meant to
establish Walkers line, as far west as
the claim of North Carolina extended
at the time of passing the resolution.
For the information of the people, and
in support of the arguments he urged ,
Gov. Blount procured and published
a copy of the proceedings of the North
Carolina legislature; his opponents
were not convinced, and this dispute
remained one cause of the many cares
which kept his mind disturbed, during
the whole time of his gubernatorial
office.
On the 22d of November, 1899, Gov.
Blount wrote TO Gov. Lee of Virginia,
on the subject of the jurisdictional
line; he stated, that there could be no
doubt but that the act of Virginia, and
the resolution of North Carolina,
had fixed the boundary line between
those two States; but that Norta Caro-.
lima, after the acceptance of the cession
act by Congress, had no power to fix
the line between Tennessee and Vir
ginia, and that the resolution was sew
eral months after that period. North
Carolina, he alleged, had exercised
Jurisdiction without any objection on
the part of Virginia to the date of the
cession act, and the federal govern
ment since; space of ten years. He
considered it his duty to extend the
territorial jurisdiction to that line, the
law of Virginia and the proclamation
of his excellency, notwithstanding,
and should continue to exercise it until
he should receive instructions from the
federal government.
1t may not be improper to remark,
that The resolution of North Carolina
was made at the same session in which
was passed the act for ceding the ter
ritory to Congress, which session com.
menced on the end of November, 1892,
and ended ON the 22d of December,
1872. AT that time, and long. after.
wards in North Carolina, and until an
alteration was made by an act of the
legislature, all the acts of the legisla
ture related as in England, to the first
day of the session; and consequently,
the first resolution preceded the deed
made to Congress-, on the Goth of Feb.
ruary, 100; both of these resolutions
intended the completion of their OBJ
Ject, by statute to be passed by the
legislature. Whether either of them
could be legally considered as an agree
ment obligatory upon North Carolina,
when afterwards accorded to by Vir-
ginia, is point to be discussed in the
first place, before it can be assented to.
The objection is not so properly for
want OF power in the Legislature at the
date of the first resolution, as it is for
want of the statute which the resolu.
tion of 1889 recommended. The State
of Virginia soon after, when she agreed
to divisional line half way between
Walker s and Henderson's line, un.
doubtedly considered that the North
Carolina resolution was incompetent
TO the purpose.
Gen. Sewer endeavored with the
greatest anxiety, whilst stationed at
South West Point, to obviate all Just
grounds of complaint on the part of the
friendly Indians. Hearing by report
circulated in camp that party from it
had surprised an Indian camp, killed
faIl