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Charles Robertson Grant Deed

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Watauga Treaties: The Charles Robertson Grant Deed

The Charles Robertson Grant, also known more simply as the Watauga Grant, was a transaction for the sale of land by the Cherokee Nation to Charles Robertson.

The map depicts the area in East Tennessee bought by Charles Robertson from the Cherokees on behalf of the Watauga settlers The area is bounded by the Donaldson survey line on the north, the North Carolina border on the east and the Nolichucky/Watauga river watershed on the west

The transaction occurred at Sycamore Shoals on the Watauga River on March 19, 1775. The Charles Robertson Grant was for a large tract in what is now East Tennessee some of which had been previously leased from the Cherokee.

Standort

The Charles Robertson Grant was one of five property transactions made at Sycamore Shoals in the present day city of Elizabethton, Tennessee. Collectively known as the Watauga Treaties the transactions resulted in the Great Grant Deed, the Path Grant Deed, two Jacob Brown Grant Deeds and the Charles Robertson Grant Deeds. The Great Grant provided for the sale of land in Central Kentucky to the Richard Henderson and Company was transacted on March 17, 1775. [1] [2] The Path Grant provided for the sale of land in present day East Tennessee and Southwest Virginia and a secure path way into Kentucky. The Jacob Brown Grants provided for the sale of property included within the Nolichucky River watershed in present day Green County Tennessee. The Robertson and Brown Grants clarified ownership of existing settlers south of the Treaty of Lochaber line and the Holston River

The Charles Robertson Deed resulted from what were the very first agreements with the Cherokee and other Native Americans for land west of the Allegheny Mountains. The Watauga Treaties were the beginning of the American Westward Expansion.

The Watauga Settlements

The Watauga settlements provided the leadership for developing the facilities necessary to host The Henderson Co and the cherokee

The Watauga Settler Buyers

As Clerk who was appointed Trustee for the Watauga Association, Charles Robertson bought the property from the Cherokee for the sum of 2,000 British Pounds. [3] Previously, the association had leased the property including the settlements from the Cherokee. The Charles Robertson purchase from the Cherokee was mirrored a few days later by Jacob Brown for the adjacent Nolichucky Grants.

The Tennessee Historical Marker located at Sycamore Shoals in Elizabethton Tennessee describing the Watauga Association land purchase from the Cherokee by Charles Robertson in March 1775

As Trustee, Charles Robertson recorded the grant in the original ledger book. Subsequently, this ledger was used by James Smith who became clerk of the land office that opened in Ft Watauga on April 1, 1775. The ledger is known as “Old Book A”. The Charles Robertson Deed is on Page 1. Later with the formal establishment of Washington County by North Carolina, the book was transferred to Jonesborough. The original book is said to reside in the original land office papers held by the North Carolina State Archives. A copy is in the custody of the Tennessee State Library and Archives. [4] The property included was deeded to the present holders, lessors, who were now provided clear unequivocal title to the land. One such subsequent deed was noted on page 415 conveying property to William Bean. [5]

The petition notes the uncertainty and confusion of the Watauga settlers that resulted from the current law and the colonial government under which they might be governed. There was confusion as to where the line separating Virginia from North Carolina actually existed on the ground where they were living. The Donaldson Survey of 1772 established the line as latitude 36° 30’ and a very precise point that was where the South Fork of the Holston river intersected with line at a point 6 miles upstream from the tip of the Long Island of the Holston. The petition is quite long and contains the signatures of 466 male Watauga settlers. The following is an excerpt of the opening sentences:

To the Hon. the Provincial Council of North-Carolina:

The humble petition of the inhabitants of Washington District, including the River Wataugah, Nonachuckie, &c., in committee assembled, Humbly Sheweth, that about six years ago, Col. Donelson, (in behalf of the Colony of Virginia,) held a Treaty with the Cherokee Indians, in order to purchase the lands of the Western Frontiers; in consequence of which Treaty, many of your petitioners settled on the lands of the Wataugah, &c., expecting to be within the Virginia line, and consequently hold their lands by their improvements as first settlers; but to their great disappointment, when the line was run they were (contrary to their expectation) left out; finding themselves thus disappointed, and being to inconveniently situated to move back, and feeling an unwillingness to loose the labour bestowed on their plantations, they applied to the Cherokee Indians, and leased the land for a term of ten years, before the expiration of which term, it appeared that many persons of distinction were actually making purchases forever; thus yielding a precedent, (supposing many of them, who were gentlemen of the law, to be better judges of the constitution than we were,) and considering the bad consequences it must be attended with, should the reversion be purchased out of our hands, we next preceded to make a purchase of the lands, reserving those in our possession in sufficient tracts for our own uses, and resolving to dispose of the remainder for the good of th community. Watauga_Petition . 1776 – via Wikisource. {{citation}}: Unknown parameter |Page= ignored (|page= suggested) (help)

Many historians treat the petition with short summations. The petition provides keen insight into the angst and thinking of the Watauga settlers and to develop an understanding of the place and time the petition should be read in it's entirety. The fact there are 466 signers is not insignificant. The petition is a serious document.

The Cherokee Sellers

In 1775, there were 64 Cherokee towns with a total population of less than more than 9,000 people known collectively as the overhill, middle town and lower towns [6] By the 1750s the Cherokee population stood at approximately 25,000. Twenty years later through open warfare with the relentlessly encroaching white population and by the ravaging effect of diseases carried by explorers and settlers the population had been reduced to less than 9,000. [7]

Present Day Boundary Legacies of the Watauga Treaties

The Watauga Grant Deed

The deed was shown to have been recorded in Old Book A, Page 1. The lands within the Watauga grant boundary described in the deed are the valleys to the west of the mountains dividing North Carolina from the Indian lands. A tracing of the boundary along the state Tennessee/North Carolina line from Indian Creek north easterly to the current Tennessee Virginia state line clearly shows the major creeks and thus the drainage.

The yellow area describes the Charles Robertson Grant that was one of the five Watauga Treaty Grants of March 1775

The deed refers to a ridge dividing the watersheds of the Watauga and Nolichucky rivers. The low ridge forming the watershed divide runs generally north from a spot on the Nolichucky river bluff just east of the Taylor Bridge to a spot on Spurgeon Knob and the bluff of the Holston River at Boone Dam. An identifiable intermediate spot lies between the head waters of Boones Creek on the east and Big Limestone Creek on the west. The important line can be traced by following the high points on either the USGS topographical map or Google Earth

The deed parcels clause twice makes reference to lands within the watershed of the great Conaway or New river. There is no area within that border that includes creeks flowing east to the new River. There is a large bulge departing from the mountain ridge line that includes the high mountain village of Trade, Tennessee. The creek beginning there is Roan Creek that flows into the Watauga River (US TVA Watauga Lake). The inclusion of lands within the New River Water shed cannot be accounted for. Compare structure with path grant DEED

Old Book Wataugah Purchase A Page 1.
Deed Book Page 1
This Indenture made this nineteenth day of March in the year of our Lord Christ one thousand seven hundred and seventy five Between Oconistoto Chief Warrior and first representative of the Cherokee Nation or tribe of Indians & Attacullaculy & Savanucah otherwise Coronoh for themselves and the rest of the whole nation being Aborigines and sole owners by occupation from the beginning of time of the Lands on the waters of Holston & Wataugah rivers & other Lands & Territories thereunto belonging of the one part and Charles Robertson of the Settlement of Wataugah of the other part Witnesseth, that the said Oconistoto for himself and the rest of the said Nation of Indians for and in consideration of two thousand pounds of Lawful money of Great Brittain to them in hand paid by the said Charles Roberson the receipt whereof the said Oconostoto and the whole nation do and for themselves and their whole tribe of people have granted bargained and sold aliened enfeoff’d releas’d and confirmed and by these presents do grant bargain sell enfeoff release and confirm unto him the said Charles Robertson his heirs and assigns forever all that tract territory or parcel of Land on the waters of Wataugah, Holston and great Conaway or New River Beginning on the on the south or south west side of Holston River six English Miles above the Long Island in said river thence a direct line over a So. Wt. course to the ridge which divides the waters of Wataugah from the waters of Nonachuckeh thence along the various courses of said ridge nearly a south east course to the blue ridge or line dividing North Carolina from the Cherokee Lands. Thence along the various courses of said ridge to the Virginia line thence West along the Virginia line to Holston river

Deed Book Page 2
The Deed obtained from the thence down the meanders of Holston river to the first station including all the waters of Wataugah part of the waters of Holston and the head branches of New river or great Canaway agreeable to the bounds aforesaid, and also the reversion & reversions remainder & remainders, rents and issues thereof and all the Estate right title Interest claim and demand whatsoever of them the said Oconistoto and the aforesaid whole band or tribe of people in and to the same premises & of in and to the every part and parcel thereof. To have and to hold the said message and territory and all the singular the premises above mentioned with the appurtenances unto the said Charles Roberson his heirs and assigns in severalty and tenants in common and not as Joint to the only proper use and behoof of the said Charles Robertson his heirs and assigns forever under the yearly rent of four pence or to beholden of the Chief Lords or Lords of the Fee of the premises by the rents and services therefore due and of right accustomed, and the said Oconistoto and the said Nation for themselves do covenant and grant to and with the said Charles Robertson his heirs and assigns that they the said Oconistoto and the rest of the said Nation of people now are lawfully and rightfully seized in their own right of a good sure perfect and absolute and indefeasible estate of Inheritance in fee simple of and in all and singular the said Messuage territory and premises above mentioned and of all & every part and parcel thereof with the appurtenances with out any manner of condition mortgage limitation of use or uses or other matter cause or thing to alter change charge or

Deed Book Page 3
Cherokees for the Wataugah Purchase determine the same and also that the Oconistoto and the aforesaid Nation now have good full power and lawful Authority in their own right to grand bargain & sell and convey the said messuage territory and premises above mentioned with the appurtenances unto the said Charles Robertson his heirs and assigns according to the true intent and meaning of these presents and also the said Charles Robertson his heirs and assigns shall and may from time to time and at all times hereafter peaceably and quietly have hold possess and enjoy all and singular the said premises above mentioned to be hereby granted with the appurtenances, without the trouble hindrance molestation interruption and denial of them the said Oconistoto and the rest or any of the said nation their heirs or assigns and of all and every other person and persons whatsoever claiming or to claim by power or under them or any of them; and lastly the said Oconistoto Atticullicully Savenuka otherwise Coronoh for themselves and in behalf of the whole nation and their heirs and all and every other person and persons and his and their heirs anything having or claiming in the said Messuage territory and persons above mentioned or any part thereof by power or under them shall and will at all times hereafter, at the request and costs of the said Charles Roberson his heirs or assigns make do and execute or cause or procure to be made done or executed all and every further and other lawful and reasonable grants, acts and appurtenances in the law whatsoever for the further better and the more perfect granting conveying and assuring of the

Deed Book Page 4
Deed Obtained from the Indians said premises hereby granted with the appurtenances unto the said Charles Robertson his heirs and assigns to the only proper use and behoof of the said Charles Roberson his heirs and assigns forever according to the true intent and meaning of these presents ratifying and confirming and allowing all and whatsoever he shall do in the premises. In Witness whereof the said Oconistoto Attacullicully & Savanuka other wise Coronoh for themselves and in behalf of the whole Nation hath here unto set their hands and affixed their seals the day and year first written.

Signed Sealed & delivered In presence of

John Sevier Oconistoto & his mark (seal) Wm. Baily Smith Atticullicully C his mark (seal) Jesse Benton Tennessy Warrior X his mark (seal) Tilman Dixon Willinawaugh # his mark (seal) William Blevins Thos. Price Jos. Vann (seal) Lynguister [8]

The Watauga settlers William Baily Smith, Tilman Dixon, and Thomas Price and the Cherokee Attaculla and Savanooko, and the Translator Joseph Vann also signed the Path Grant Deed.

Actions by North Carolina

The Great Grant Deed article indicates that the entire proceedings at Sycamore Shoals were likely transactions by sellers with no right to sell and buyers with no right to buy. In the Charles Roberson transactions that statement turned out to be only half true. The Cherokee were certainly the aboriginal owners of the property along the Watauga.[9] The Royal Proclamation of 1763 by King George III on October 3 prohibited settlement of the lands west of the Alleghenies which formed the Eastern Continental Divide. [10][11] Such lands were considered to be Indian lands but not subject to sale to British crown colonists.

There was a controversy that grew out of the Great Grant but directly affected the people of the Watauga settlements. In anticipation of the various land transactions eventually made at Sycamore Shoals in March 1775, North Carolina Governor Martin issued a proclamation on February 1775 in opposition.[12] Subsequently in accord with Virginia and the voices of the Watauga settlers demanding clarification of the boundaries, North Carolina nullified the Transylvania Colony and asserted sovereignty over the western territory. That western territory was declared to be the Washington District and included all of what is now Tennessee. This action formally transpired in November 1777.[13][14] Along with the Great Grant and the Henderson Memorial to the commission requesting relief, the Watauga Treaty Grants of 1775 were ignored by the Virginia and North Carolina commissioners who were negotiating with the Cherokee at the Treaty of Long Island in July 1777.[15]

Thus in a negative turn of events, the Charles Robertson purchase was found to be null and void.

To put subsequent events in context, that by July 1777, there was a war of revolution in process. The large tracts of the Great Grant and the Path Grant were mostly the business of Virginia with North Carolina being secondary. As noted in the Great Grant Deed, the serious inquiry that took place in the form of hearings and formal proceedings with depositions and evidence were conducted by Virginia. The formal nullification by Virginia was finally made in December 1778.

At the Treaty Of Long Island in July 20, 1777, Col Avery, the commissioner from North Carolina, responding to a speech by the Old Raven of Chota, also known as Savanooko otherwise Coronok, lectured the Cherokee and the settlers on the problems of the sovereign resulting from the out of other treaty dealings for land. The sales and leasing of land beyond the existing treaty bounds resulted in war and bloodshed of settlers and Cherokee. Part of the treaty understanding must be that all such transactions beyond the new boundary to be established must cease.[22] Although payment for the lands in question had been made previously and sometimes more than once, and although some of the commissioners declared no other payment should be made, Col Christian pronounced a payment for the Cherokee hunting grounds of 200 breeding cattle and 100 sheep. Thus, with cattle, the need to hunt was reduced.[23] Thus it was that Charles Robertson and the other Watauga settlers lost title to the much of lands previously purchased at the Watauga Treaty of March 1775. Since the purpose of the 1777 Long Island Treaty by the sovereign North Carolina was to create peace and establish a border, it was not the intent to take away the settled lands the new treaty was meant to protect. Thus it was that on November 27, 1778, one John Carter of Washington County now securely a part of North Carolina, issued the File:Brown Warrant 562.pdf. Wikisource.noted above to the county surveyor to survey a tract of 640 acres on the Nolichucky River at the mouth of Cherokee Creek. Subsequently, the county surveyor surveyed the land and prepared File:Brown Warrant 562 Survey.pdf. Wikisource..[24] The survey resulted in Grant 790 from North Carolina for the noted 640 acres. Jacob Brown was recipient of two other grants by North Carolina. The first, also in 1779 was recorded as Grant 995 for 640 acres. [25] The second was somewhat later for 200 acres entered as Grant 1156.[26] The total of all the grants by North Carolina to Jacob Brown was 1,480 acres. The three properties were adjacent and along the Nolichucky river. Thus it was that Jacob Brown obtained formal title to the lands he had settled on the Nolichucky River


References

  1. ^ Skinner page 170
  2. ^ Ramsey Page 119
  3. ^ Ramsey page 119
  4. ^ Tennessee State Library and Archives
  5. ^ Note: How to treat this Bean Deed? Send to Wiki Commons with citation here?
  6. ^ Ramsey page 82
  7. ^ http://www.wnchistory.org/Exhibits/cherokee.html
  8. ^ http://tsla.tnsosfiles.com/digital/teva/sites/foundingdocuments/index.htm
  9. ^ Ramsey page 119
  10. ^ Skinner page 111
  11. ^ Ramsey page 71
  12. ^ Henderson 1 page 277
  13. ^ Henderson 1,Page 277
  14. ^ Henderson 2, page 57
  15. ^ Henderson 2, page
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