ROYCE.] TREATY OF OCTOBER 2, 1798. Let 
the Clinch, and from thence by a line to be drawn ina 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; thence up Emmery’s River to the foot of Cum- 
berland Mountain. From thence a line to be drawn northeastwardly 
along the fvot of the mountain until it intersects with Campbell’s line. 
5. Two commissioners to be appointed (one by the United States and 
one by the Cherokees) to superintend the running and marking of the 
line, immediately upon signing of the treaty, and three maps to be 
made after survey for use of the War Department, the State of Tennes- 
see, and the Cherokee Nation respectively. 
6. Upon signing the treaty the Cherokees to receive $5,000 cash and 
an annuity of $1,000, and the United States to guarantee them the re- 
mainder of their country forever. 
7. The United States to have free use of the Kentucky road running 
between Cumberland Mountain and river, in consideration of which the 
Cherokees are permitted to hunt on ceded lands. 
8. Notice to be given the Cherokees of the time for delivering annual 
stipends. 
9. Horses stolen by either whites or Indians to be paid for at $60 
each (if by a white man, in cash; if by an Indian, to be deducted from 
annuity). All depredations prior to the beginning of these negotiations 
to be forgotten. 
10. The Cherokees agree that the United States agent shall have 
sufficient ground for his temporary use while residing among them. 
This treaty to be binding and carried into effect by both sides when 
ratified by the Senate and President of the United States. 
HISTORICAL DATA. 
DISPUTES RESPECTING TERRITORY. 
In the year 1797 the legislature of the State of Tennessee addressed 
a memorial and remonstrance to Congress upon the subject of the In- 
dian title to lands within that State. The burden of this complaint 
was the assertion that the Indian title was at best nothing greater than 
a tenancy at will; that the lands they occupied within the limits of the 
State had been granted by the State of North Carolina, before the ad- 
mission of Tennessee to the Union, to her officers and soldiers of the 
Continental line, and for other purposes ; that the treaties entered into 
with the Cherokees by the United States, guaranteeing them the ex- 
clusive possession of these lands, were subversive of State as well as 
individual vested rights, and praying that provision be made by law 
for the extinguishment of the Indian claim.! 
This was communicated to Congress by the President. Mr. Pinckney, 

1This address and remonstrance will be found in full in American State Papers, 
Indian Affairs, Vol. I, page 625. 
