Envisaging the West: Thomas Jefferson and the Roots of Lewis and Clark


Treaty of Lochaber 1770

Treaty of Lochaber
Virginia Magazine of History and Biography, IX (1902): 360-364.
Continued consternation over the exact location of boundary between the Cherokee nation and Virginia led to this 1770 settlement of the line. At issue was a contested swath of land that had been ceded to the Indians at Hard Labor. The new agreement adjusted the border to give lands east of a line running from the Holston River to the convergence of the Great Canaway (Great Kanawha) and Ohio Rivers to the British province of Virginia.

Saturday 20th October.

Present as the day before

The Superintendant proceeded and Explained the following Treaty, and afterwards it was Signed by him and the principal Chiefs. South Carolina At a Congress of the principal Chiefs of the Cherokee Nation, at Lochaber in the Province of South Carolina, on the Eighteenth Day of October in the year of our Lord One Thousand Seven Hundred and Seventy, by John Stuart Esquire His Majestys Sole Agent for and Superintendant of Indian Affairs in the Southern district of North America.

A Treaty for a Cession to His most Sacred Majesty George the Third by the Grace of God of Great Britain France and Ireland King defender of the faith and so forth, by the said Nation of Cherokee Indians of certain Lands lying within the Limits of the dominion of Virginia. Whereas by a Treaty Entered into and concluded at Hard Labour, the Fourteenth day of October One Thousand Seven Hundred and Sixty Eight, by John Stuart Esquire His Majesty's Agent and Superintendant 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, and belonging to, Said Nation of Indians, lying within the Province of Virginia, to the Eastward of a Line beginning at the Boundary of the provinces of North Carolina and Virginia; Running in a N:B:E Course to Colo. Chiswells mine on the Eastern Bank of the Great Canaway and from thence in a Straight Line to the Mouth of the said Great Canaway, where it discharges itself into the Ohio River Maps: ; were Ceded to His Majesty His Heirs and Successors, And Whereas by the above recited Treaty all the lands Lying between Holsteins River Maps: and the Line above Spicified, were determined to belong to the Cherokee Nation, to the great Loss and Inconveniency 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 Right Honorable Norborne Baron de Botetourt His Majestys Lieutenant and Governor General of the dominion of Virginia in Consequence whereof His Majesty has been graciously pleased; to Signify His Royal pleasure to John Stuart Esquire His Agent and Superintendant of Indian Affairs in the Southern district of North America, by an Instruction Contained in a Letter from the Right Honorable The Earl of Hillsborough one of His Majestys principal Secretaries of State dated 13 May 1769, To Enter into a Negotiation with the Cherokees for Establishing a new Boundary Line Beginning at the point where the North Carolina Line Terminates, and to Run thence in a West Course to Holsteins River Maps: , where it is Intersected by a Continuation of the Line dividing the province of North Carolina and Virginia and thence Straight to the Confluence of the Canaway and Ohio River Maps: s.

Article 1st.

Pursuant therefore to His Majestys orders to, and power and Authority Vested in John Stuart Esquire Agent for and Superintendant of the Affairs of the Indian Tribes in the Southern District. It is agreed upon by the said John Stuart Esquire on Behalf of His most Sacred Majesty George the Third by the Grace of God of Great Britain France and Ireland King, defender of the Faith, and so forth and by the Subscribing Cherokee Chiefs and Warriors on behalf of their Said Nation, in Consideration of His Majestys paternal goodness so often demonstrated to them the said Cherokee Indians, and from their affection and Friendship for their Brethern the Inhabitants of Virginia, as well as their Earnest desire of removing as far as possible all Cause of Dispute between them and the said Inhabitants on Account of Encroachments on Lands reserved by the Said Indians for themselves, and also for a Valuable Consideration in various Sorts of Goods, paid to them by the said John Stuart Esquire on Behalf of the Dominion of Virginia. That the hereafter Recited Line be ratified and Confirmed and it is hereby Ratified and Confirmed accordingly. And It is by these presents firmly Stipulated and agreed upon by the parties aforesaid, that a Line beginning where the Boundary Line between the province of North Carolina and the Cherokee Hunting grounds terminates and Running thence in a West Course to a point Six Miles East of Long Island and thence to Holstens River Maps: Six Miles above said Long Island and thence in a Straight Course to the Confluence of the Great Canaway and Ohio Rivers Maps: ," Shall Remain and be deemed by all His Majestys white Subjects, as well as the Indians of the Cherokee Nation, The True and just Limits and 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 Majestys 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 Majestys Royal approbation of this Treaty shall have been signified to the Governor of Virginia or Superintendant 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 henceforward be made in the Boundary Line above recited and now Solemnly agreed upon, except such as may hereafter be found Expedient and necessary for the Mutual Interests of both parties, and which Alteration Shall be made with the Consent of the Superintendant or such other person or persons as shall be Authorised by His Majesty as well as with the Consent and 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 and the Underwritten Cherokee Chiefs on Behalf of their Nation have Signed and Sealed this present Treaty at the Time and place aforesaid.

John Stuart
Superintendant Oucconnastotah his X mark (L.S.) Kittagusta his X mark (L.S.) Altahkullakulla his X mark (L.S.) Kaheatoy his X Mark (L.S.) Wolf of Keowee his X Mark (L.S.) Uka Youla his X Mark (L.S.) Chukamuctas his X Mark (L.S.) Teutchkee his X Mark (L.S.) Kinnatitah his X Mark (L.S.) Tiftoy his X Mark (L.S.) Tarrapin his X Mark (L.S.) Ecuij his X Mark (L.S.) Skaliloske his X Mark (L.S.) Chinista his X Mark (L.S.) Chinista Watoga his X Mark (L.S.) Otacite of Higwassie his X Mark (L.S.) By order of the Superintendant William Ogilvy Secretary