The Treaty of Sycamore Shoals
TREATY OF WATAUGA.
Copy of the Deed from the Cherokees to Henderson & Co.
March 17, 1775.
This indenture made this seventeenth 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 and Attacullacullah and Savanooko otherwise Coronoh for
themselves and in behalf of the whole nation. Being the aborigines and sole
owners by occupancy from the beginning of time of the lands on the waters
of Ohio River from the mouth of the Tennessee River up the said Ohio to
the mouth or emptying of the Great Canaway or New River and so across by a
southward line to the Virginia line by a direction that shall strike or hit the
Holston River six English miles above or Eastward of the Long Island therein
and other lands and territories thereunto adjoining, of the one part and
Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John
Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley
Bullock of the province of North Carolina 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 the sum of two thousand pounds of lawful money of
Great Britain, to them in hand paid by the said Richard Henderson, Thomas
Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James
Hogg, David Hart and Leonard Hendley Bullock, the receipt whereof the said
Oconistoto and his said whole nation, do and for themselves and their whole
tribe of people have granted, bargained and sold, aliened, enfeoffed released
and confirmed, by these presents do grant, bargain sell, alien, enfeoff, release
and confirm unto them the said Richard Henderson, Thomas Hart, Nathaniel
Hart, John Williams, John Luttrell, William Johnston, David Hart, James
Hogg, and Leonard Hendley Bullock their heirs and assigns forever all that
tract, territory or parcel of land, situate lying and being in North America on
the Ohio River, one of the eastern branches of the Mississippi beginning on
the said Ohio River at the mouth of Kentucky, Chenoca, or what by the
English is called Louisa River, from thence running up the said River and the
most northwardly branch of the same to the head spring thereof, thence a
southeast course to the top ridge of Powel's Mountain, thence westwardly
along the ridge of said mountain unto a point from which a northwest course
will hit or strike the head spring of the most southwardly branch of
Cumberland River thence down the said River including all its waters to the
Ohio River, thence up the said River as it menaders to the beginning, &C
And also the reversion and reversions, remainder and remainders,
rents and services 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 of, in and to the same premises and of, in and to, every part
thereof. To have and to hold the said messuage and territory, and all and
singular the premises above mentioned, with the appurtenances unto the said
Richard Henderson, Thomas Hart, Nathaniel Hart, Jojin Williams, John
Luttrell, William Johnston, James Hogg, David Hart, and Leonard Hendley
Bullock their heirs and assigns, in several and tenants in common, and not as
joint tenants; that is to say, one eighth part to Richard Henderson his heirs
and assigns forever; one eight part to Thomas Hart his heirs and assigns
forever; one eighth part to Nathaniel Hart his heirs and assigns forever; one
eighth part to John Williams his heirs and assigns forever; one eighth part to
John Luttrell his heirs and assigns forever; one eighth part to William
Johnston his heirs and assigns forever; one eighth part to James Hogg his heirs
and assigns forever; one sixteenth part to David Hart his heirs and assigns
forever; and one sixteenth part to Leonard Hendley Bullock his heirs and
assigns forever; to the only proper use and behoof of them the said Richard
Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell,
William Johnston, James Hogg, David Hart, and Leonard Hendley Bullock
their heirs and assigns that, under the yearly rent of four pence or to be
holden of the chief, lord or lords of the fee of the premises by the rent 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
Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John
Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley
Bullock their 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, 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 and every part and parcel thereof with
the appurtenances, without any manner or condition mortgage, limitation, of
use or uses, or other matter, cause or thing to alter, change, charge or deter-
mine the same and also that the said Oconistoto and the aforesaid nation now
have good right, full power, and lawful authority in their own right to grant
bargain or sell and convey the said messuage territory and premises above-
mentioned with the appurtenances to the said Richard Henderson, Thomas
Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James
Hogg, David Hart, and Leonard Hendley Bullock their heirs and assigns to the
only proper use and behoof of the said Richard Henderson, Thomas Hart,
Nathaniel Hart, John Williams, John Luttrell, William Johnston, James Hogg,
David Hart and Leonard Hendley Bullock their heirs and assigns according to
the true intent and meaning of these presents and also that they the said
Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John
Luttrell, William Johnston, James Hogg, David Hart and Leonard Hendley
Bullock their heirs and assigns shall and may from time to time and at all
times hereafter peaceably and quietly have, hold, occupy possess and enjoy
all and singular the said premises above mentioned to be hereby granted with
tile appurtenances without the let, 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, from or under them or any of them and
further that they the said Oconistoto, Attacullacullah, and Savanooko, other-
wise Coronoh for themselves and in behalf of their whole nation and their
heirs and all and every other person and persons and his and their heirs
anything having and claiming in the said messuage territory and premises
above mentioned or any part thereof by, from or tinder them shall and will at
all times hereafter at the request and costs of the said Richard Henderson,
Thomas Hart, Nathaniel Hart, John Wifliarns, John Luttrell, William
Johnston, James Hogg, David Hart, and Leonard Hendley Bullock their heirs
and assigns, make, do and execute or cause or procure to be made, done and
executed all and every further and other lawful and reasonable grants, acts
and assurances in the law whatsoever for the further, better and more perfect
granting, conveying and assuring of the said premises hereby granted with the
appurtenances unto the said Richard Henderson, Thomas Hart, Nathaniel
Hart, John Williams, John Luttrell, William Johnston, James Hogg, David
Hart, and Leonard Hendley Bullock their heirs and assigns to the only proper
use and behoof of the said Richard Henderson, Thomas Hart, Nathaniel Hart,
John Williams, John Luttrell, William Johnston, James Hogg, David Hart and
Leonard Hendley Bullock their heirs and assigns according to the true intent
and meaning of these presents and to and for none other use, intent or
purpose whatsoever, and lasily the said Oconistoto, Attacullacullah and
Savanooko otherwise Coronoh for themselves and in behalf of their whole
nation have made, ordained, constituted and appointed and by these presents
do make, ordaIn, constitute and appoint Joseph Martin and John Farrow
their true and lawful attornies jointly and either of them severally, for them
and in their names into the said messuage, territory and premises with the
appurtenances hereby granted and conveyed or mentioned to be granted and
conveyed or into some part thereof in the name of the whole, to enter and
full and peaceable possession and seizure thereof for them and in their names
to take and to have and after such possession and seizure so thereof taken and
had the like full and peaceable possession and seizure thereof or of some part
thereof in the name of the whole, unto the said Richard Henderson, Thomas
Hart, Nathaniel Hart, John Williams, John Luttrell, William Johnston, James
Hogg, David Hart and Leonard Hendley Bullock as their certain attorney or
attornies in their behalf to give and deliver, to hold to them the said Richard
Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Luttrell,
Williarn Johnston, James Hogg, David Hart and Leonard Hendley Bullock
their heirs and assigns forever according to the purpose and intent and mean-
ing of these presents, ratifying, confirming, and allowing all and whatsoever
their attornies or either of them shall do in the premises. In witness whereof
the said Oconistoto, Attacullacullah and Savanooko otherwise Coronoh, the
three chiefs appointed by the warriors and other head men to sign for and in
behalf of the whole nation hath hereunto set their hands and seals this the
day and year first above written.
Oconistoto,
X his mark.
Attacullacullah,
X his mark.
Savanooko, otherwise Coronoh,
X his mark.
signed, sealed and delivered in presence of
William Bailey Smith, George Lumlin,
Thomas Houghton, Castleton Brooks,
J. P. Bacon, Tilman Dixon,
Valentine Turey, Thomas Price, Linguist.