-- Curt, in Phoenix, Arizona http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?db=curti_m Transylania Real Estate: Speculation of Cherokee Lands by Linda Hoxit Raster On March 17, 1775, Richard Henderson and eight other private investors purchased two large tracts of land from the Cherokee at a meeting at Sycamore Shoals on the Watauga River for £10,000 in merchandise. This was named "The Colony of Transylvania in North America." Company investors Col. Richard Henderson, Col. John Williams, Thomas Hart, Col. David Hart, Capt. Nathaniel Hart, Col. John Luttrell, James Hogg, William Johnson, and Leonard Henley Bullock would seem to have found the formula for success. Aside from sheer force of capital, their varied backgrounds included extensive experience in military, law and business. They hired rugged frontiersmen such as Daniel Boone and Joseph Martin to help tame the wilderness for new settlers.1 And while their purchase of Cherokee lands was made in violation of the royal proclamation of 1763, this direct interference in Cherokee relations marked the beginning of a new era in commercial land acquisition. Land speculation would rarely again be bound by legal restraints. The Transylvania Purchase was certainly not the first white settlement beyond the Indian Boundary. Hunters and traders had long ventured into Indian Territory. Behind them came individuals and small settlements staking out unofficial claims beyond the reach of British law and taxes.2 Henderson forged a relationship with Daniel Boone as early as 1863 when British law prohibited further settlement in Indian Territory. The original company used Boone's hunting trips as an excuse for Boone to examine the western territory and locate the best lands for future settlement. On the eve of the Revolution, Henderson and his now larger Transylvania Company stood 1 Lyman C. Draper, The Life of Daniel Boone, ed. Ted Franklin Belue (Mechanicsburg, PA: Stackpole Books, 1998). 570-579. 2 Archibald Henderson, "The Creative Forces in Westward Expansion: Henderson and Boone," The American Historical Review. 20, 1 (Oct. l9l4): 69-91. Spring 2002 45 ready to take advantage of the pending chaos.3 Henderson's purchase attracted international alarm even before it was completed. Colonel William Preston wrote to Governor Earl of Dunmore about the situation on January 23,1775 describing the negotiations and purchase plans. Henderson planned to sell the property at extremely low prices. Preston was concerned that people would settle on these lands and not consider themselves as British subjects. "Henderson undertakes to make deeds in his own and company's names to the purchasers as sole proprietors of the land, and may easily persuade those ignorant people to believe his title good; does not propose paying quitrents unless His Majesty will recognize his title, and in that case will only give up the sovereignty and pay the usual quitrents; but will reserve that granting the land to the company."4 By March 14, 1775, the crisis demanded intervention. Governor Earl of Dunmore wrote to the Earl of Dartmouth about his concerns and described his efforts to stop Henderson that included sending out surveyors into the area. He also mentioned another plan, "I thought likewise it might have some effect in defeating this design of Henderson if I could excite fears in the Indians concerned, and I have sent a message to them..."5 However, tensions continued to escalate. Settlers arrived near Boonesborough as well as the Watauga and Holston Rivers, all within Cherokee Territory. The British stocked the Cherokee with guns, ammunition, and supplies to help defend their territory.6 In the end, British reaction to the Transylvania Purchase proved irrelevant for the colony itself. Col. John Luttrell died during his military service September 15, 1781. Indians killed Nathaniel Hart near Boonesborough July 22, 1782. The remaining seven original stockholders of the Transylvania Company found their dream snatched away by the new nation. Virginia and North Carolina thought enough of the Crown's laws 3 Henderson, "The Creative Forces of Westward Expansion," 99-100. 4 William Preston to Governor Earl of Dunmore (25 Jan. 1775), K.G. Davies, ed., Documents of the American Revolution I770 - I783 (Colonial Office Series), XI, Transcripts 1775 January to June (Dublin: Irish University Press, 1975), 33-34. 5 Davies, Documents of the American Revolution 1770 - 1783, 81-82. 6 John Stuart to Lord George Germain (23 Aug 1776)' K.G. Davies, ed., Documents of the American Revolution 1770 - 1783 (Colonial Office Series) XII, Transcipts 1776 (Dublin: lrish University Press, 1975), 188-191. 46 Tuckasegee Valley Historical Review to agree that all such purchases should be on behalf of the state and thus claimed the Transylvania purchases for themselves. In 1783, North Carolina was willing to grant Henderson and other interested Transylvanians 200,000 acres as compensation. This land was far from Boonesborough and would involve renewed efforts to settle. This solved two problems for the state: Compensation to Henderson and improved control of Indian Lands. Despite its ultimate failure, the Transylvania Company did mark the beginning of a new era in Cherokee relations in which diplomatic relations would be largely controlled by commercial land speculation interests, taking a dominant roll over the trade networks which had brought the Cherokee into a dependent relationship with white settlers. Transylvania was conceived as the perfect business scheme. Ignoring laws, it focused on three necessary ingredients: access to capital, gained through the investors; access to land, gained through Cherokee negotiations; and access to a market, gained by advertising inexpensive land to potential settlers hungry for land of their own and frightened by the aspects on the coming war. But Transylvania failed because it lacked the one vital factor that would dominate speculation activity in Cherokee Territory: Government influence. Land speculators would learn their lessons quickly. Over the next twenty-five years, speculation activity on all levels adapted to a constantly changing political landscape. By the time of the Treaty of Tellico in 1798 such business had become a well-oiled machine capable of consuming hundreds of thousands of acres in a single transaction with the promise of massive future profits. Speculators learned to manipulate access to land, investment capital, markets, and government power and policy to their advantage. And when it came to speculation of Cherokee Territory, speculators learned from the Transylvania Colony that direct involvement in negotiations and government activity was the key to successful land speculation. Far from the evolving settlement of Boonesborough, relations with the Cherokee were less than commercial. July 29, 1776 the North Carolina Council of Safety sent General Griffith Rutherford and his militia from the District of Salisbury against the Cherokee in response to a plea for help from Virginia. Gen. Rutherford was to meet with South Carolina troops under the command of Major Andrew Williamson. They would march Spring 2002 47 together to meet troops from Virginia. The goal of the military attack was to destroy the Cherokee villages. As the success of the campaign continued, the Council of Safety sent a letter to Gen. Rutherford via Waightstill Avery to make preparations to secure the area, build a fort if possible, and prepare for coming bad weather. Avery would deliver fresh supplies and return with information.7 Such careful planning was necessary with growing concern that the various Indian nations might unite against the Colonies. By 1777,the Cherokee threat had been virtually annihilated through the military destruction of the Cherokee towns. Over the next few years only minor military efforts would be needed to maintain control over the Cherokee.8 May 20, 1777 the Cherokee relinquished great amounts of their South Carolina lands at a treaty at DeWitt's Corner. Soon after, on July 20, a similar treaty was completed between the Cherokee and the states of North Carolina and Virginia. This treaty was sometimes referred to as Avery's Treaty as Waightstill Avery played a dominant role in negotiating on behalf of North Carolina. This treaty included the stipulation that "no person shall enter or survey anylands within the Indian hunting grounds, or without the limits heretofore ceded by them." North Carolina ratified the treaty the following year.9 In the meantime, the thoughts of the soldiers changed from warfare to business. North Carolina developed a system of granting land in 1777.Three men, including General Rutherford, presented the bill for the establishment of a Land Office.10 Individuals were required to locate unoccupied land and enter a claim for that land at the county courthouse. If there were no challenges to the claim, a warrant was issued. The claimant could sell this warrant, or use it to have the property surveyed by the county surveyor. Once the warrant holder had the survey, he could pay the proper fees and obtain a grant from that state 7 Council of Safety to Genl. Rutherford (11 Sep 1776), Walter Clark, ed., State Records of North Carolina, 24 vols. (Raleigh: State of North carolina, 1895), XI:351-352. 8 Robert L. Ganyard, "Threat from the West: North Carolina and the Cherokee 1776-1778," The North Carolina Historical Review XLV, 1 (Jan., 1968): 63-64. 9 Charles C. Royce, The Cherokee Nation of Indians (Chicago: Aldine Publishing Company, 1975), 150. l0 Clark. State Records of North Carolina, XXIV:43-48. 48 Tuckasegee Valley Historical Review which specified the price,location and amount of land, orders to register the grant at the local courthouse within a year and instructions to pay taxes.11 This was followed by the creation of Burke County. Rutherford County quickly followed, though the established lines were vague and final boundaries would not be drawn until 1788. Despite the length of time in determining boundary lines, attorney George Smathers would later conclude that Burke County was never meant to include property south of the Earl of Granville's southern boundary line and Rutherford County was never meant to cover area west of the Blue Ridge Divide.12 Smathers also recognized that numerous grants were issued for land at the head of the French Broad River despite these limitations, many of which should have been void. Though at the time Smathers wrote, sufficient time had passed to make this only an interesting bit of trivia.13 Charles McDowell, a participant in the Cherokee expedition was appointed entry taker for the new Burke County. Among the first entries were several McDowell family and Davidson family entries for land on the French Broad River stretching from Swannanoa area where Rutherford's army crossed the French Broad River South towards the headwaters of the river.14 Both families had officers involved in Rutherford's march against the Cherokee and many of these entries were for land remaining in Cherokee Territory. Waightstill Avery, who led the treaty negotiations, would also take out entries for land in this area at the head of the French Broad River. While securing a legitimate title for these lands would take years, the existence of the treaty lines drawn by Avery himself would help protect these claims from other entries. For these grants, early claims kept the price low reducing the need for the scarce capital. Access to the land came through the military service. The amount of land involved was relatively small and sold primarily through family and business networks. Legal status for these titles was secured through political appointments in 11 Helen F.M. Leary, ed., North Carolina Research: Genealogy and Local History (Raleigh: North Carolina Genealogical Society, 1980), 207-21l. 12 George H. Smathers, The History of Land Titles in Western North Carolina.(Asheville, NC: The Miller Printing Company, 1938), 22. 13 Smathers, The History of Land Titles in Western North Carolina. 22. 14 Edith Warren Huggins, ed., Burke County, NC Land Records. Vol. l 1778. (Raleigh: Carolina Copy Center, 1977). Spring 2002 49 county offices, such as McDowell's appointment as Entry Taker as well as network connections impacting local politics and Cherokee relations. When North Carolina formed Buncombe County in 1792, the Davidson family figured heavily in county politics with the first court being held at Col. William Davidson's house. Thomas Davidson was appointed as Entry Taker. Lambert Clayton, who had married into the Davidson family, was appointed as Justice. One of the first orders of business was to complete a road from William Davidson's house on the Swannanoa River to Davidson River where many of these early land claims were still located within Cherokee Territory, including the home of Lambert Clayton.15 In 1802, Clayton used his influence to encourage running the new Cherokee Boundary Line West of his property. In response to a letter from Col. Meigs, Clayton wrote concerning the location of "Little River" meant to be the southern end of the line. He claimed the Little River must refer to a branch of the "Savandhia" as the Little River on the French Broad River near his home had only recently been named Little River.l6 Despite Clayton's claims, land records show that Little River had held that name for several years.17 Political appointees used their offices in many ways to facilitate speculation corruption. Surveyors took bribes to change boundaries. Entry Takers took bribes to change entry dates so that previously claimed land could still be acquired. Lambert Clayton created a deal with land buyer John Brown, cautioning him to secrecy to protect Clayton's political position.18 But all these efforts were minor issues involving minor players in the race to seize Cherokee Lands. And such secretive manipulation was necessary for smaller businessmen to hope for even some measure of success. 15 April Session 1792, Buncombe County, NC Court Records, vol l. 16 Little River is located in present day Transylvania County, North Carolina that was included in the original boundary of Buncombe County. Lambert Clayton to Col. Meigs (15 Sep. 1802), Records of the Cherokee Indian Agency in Tennessee l80l-1835, Roll l: Correspondence & Misc. Records 1801-1802 (Washington: National Archives, 1952). Microfilm # 208. 17 The 1792 Buncombe County Court records contain several references to Little River. Additional references are found in the entries of John Carson in the 1794 Buncombe County, NC Land Entry Book. 18 Newsome A.R., ed., "John Brown's Journal of Travel in Western North Carolina in 1795," The North Carolina Historical Review XI (1934): 284-313. 50 Tuckasegee Valley Historical Review While the McDowell, Avery, and Davidson family networks expanded their Western North Carolina land holdings, the Blount fimily was building an empire. These three North Carolina brothers: John Gray, Thomas, and William, worked together to maintain and expand their massive planter class holdings and business interests. John Gray was the center of the international business operations,living on the family estate. Thomas chose a military career. William used political appointments to protect the family business interests. Their land speculation ventures began by 1783 when William Blount, then a delegate in the NC Congress, joined five other North Carolinians in forming a company to form a colony at Muscle Shoals on the Tennessee River. Other company members were Richard Caswell,leader of the NC Senate; General Griffith Rutherford; Joseph Martin and John Donelson, Indian Agents forVirginia and former associates of Richard Henderson; and John Sevier, colonel of the militia of Washington County on the Holston. Like the Transylvania Colony, the Muscle Shoals Company purchased titles for the Shoals region directly from the Cherokee. Blount then set out to convince the State of Georgia to secure a grant for the territory. In doing so, he advised Donelson to lie if necessary to convince Georgia of a large number of people preparing to settle in the Shoals region.19 Blount and the company also looked out for their property interests through opposing establishing the state of Franklin. Blount and Martin also served in the negotiations at the Treaty of Hopewell in 1785, again looking out for their own business interests along side of the interests of diplomacy. Ultimately, the Muscle Shoals Company fell victim to politics, but before ending, this simple land speculation scheme touched the political affairs of North Carolina, South Carolina, Georgia, the United States' General Government, Spain and France. And it would not be Blount's last attempt to gain land through international politics.20 In 1783, when William Blount began working with the Muscle Shoals Company, a previously unknown name appears in the papers of his brother, John Gray Blount. It is a short and somewhat obscure reference in a letter from John Nelson to 19 A.P. Whitaker, "The Muscle Shoals Speculation, 1783-1789," The Mississippi Valley Historical Review 13, 3 (Dec. 1926):368-369. 20 Whitaker, "The Muscle Shoals Speculation," 372-373. Spring 2OO2 51 John Gray Blount on August 17, 1783, "...have enclosed you an Order drawn by your Bro. William in favor of me on David Allison for Sixty-Six Dollars. he refuses to settle it."21 David Allison continued to gain greater influence in Blount family affairs, eventually acting as their agent in Philadelphia, orchestrating international business arrangements and land speculation schemes. Allison entered politics in a log cabin courthouse in Jonesborough on May 12,1788 when William Blount, newly appointed Governor of the Territory South of the River Ohio, appointed him, along with Andrew Jackson and Waightstill Avery, as attorneys. Jackson practiced law with Allison, and later entered into merchant business with Allison. This business relationship later nearly destroyed Jackson's finances and political career.22 Blount used Allison in an official and unofficial capacity to handle political and family business affairs. Allison participated in matters as varied as Cherokee diplomacy and questionable slave trade.23 Allison and Blount directly proposed war with the Cherokee, a measure that would have favored the Blount land claims.24 Allison continued to receive political appointments from Blount including Judge of the Miro District, which he later left to take the position of paymaster of the militia. He continued to hold this position even after he relocated to Philadelphia to handle Blount business 21 John Nelson to John Gray Blount (17 Aug. 1783), Alice Keith, The John Gray Blount Papers, 4 vols. (Raleigh: State Department of Archives, 1959) 2:85. 22 Lewis L. Laska, "The Dam'st Situation Ever Man Was Placed In": Andrew Jackson, David Allison, and the Frontier Economy of 1795," Tennessee Historical Quarterly LIV, 4 (1995): 336-347. 23 Clarence Edwin Carter, ed., The Territorial Papers of the (United States, vol. IV, The Territory South of the River Ohio (New York: AMS Press, 1973). Allison's participation in Indian negotiations described in Secretary of War to the President (28 Jul. 1792),160; Secretary of War to Govemor Blount (15 Aug. 1792), 162-163 described an attempt by the Cherokee to attack Allison; Governor Blount and General Pickens. Blount would later lobby for war against the Cherokee, a measure that would likely have succeeded if the US was not already involved in a war against the Northern Tribes. See Secretary of War to Governor Blount (26 Nov. 1792),220-226; Governor Blount to Acting Governor Smith (17 Jun. 1793), 274. For reference to a contoversial slave business Allison conducted for the Blount's see Hugh Williamson to John Gray Blount (25 Nov. 1792),Keith 2:218. 24 Carter, The Territorial Papers of the United States. Secretary of War to Governor Blount (26 Nov. 1792),4:220-226. Governor Blount to Acting Governor Smith (17 Jun. 1793), 4:274. Attempts to promote war with the Cherokee failed since the US was already at war with the Northern tribes. 52 Tuckasegee Valley Historical Review affairs from the nations political and business capitol until his death in 1798. The immense business and political network of the Blount brothers meant only matters of international politics and economics could stop their efforts. Having tremendous political pull and access to large amounts of capital allowed virtual control of Tennessee and significant portions of North Carolina. During their relationship with Allison, some of their greatest speculation activity occurred. The Treaty of Hopewell, signed in 1785, set out instructions for a new boundary line between the Cherokee and whites. The actual survey for this line was not run until 1797. In addition to Muscle Shoals, the short-lived proposed State of Franklin and settlements at the fork of the French Broad and Holston Rivers continued to attract white settlers. These settlements continued to antagonize the Cherokee: ln 1790, the State of Tennessee was formed. And in 1791 the Muscle Shoals speculation attracted many white settlers after Georgia authorized this Tennessee Company to manage 3,500,000 acres of land. However, this blatant violation of Cherokee Treaty was too much for the United States to support. The President at last declared that if the company persisted in settling the region, it would be outside the protection of the United States, and the Indians would be free to destroy it. The Muscle Shoals settlements ended at the hands of angered Indians.25 The United States authorized a new Treaty with the Cherokee in 1791, before the boundary lines from the previous treaty had been run, to ease tensions in the region. This treaty raised the annual allotment of money and called for the removal of white settlers west of the divide between the waters of the Tennessee River and the waters of Little River.26 Despite the new agreements, settlement continued and hostilities continued to escalate, requiring Blount to call out his militia to defend the white settlements. Other military matters were on the minds of the Blounts and their operative, David Allison. In 1785, North Carolina still owed back pay to its Revolutionary Soldiers. Most of these soldiers had not had access to the speculation schemes of officers such as the McDowells and Davidsons. These soldiers 25 Royce, The Cherokee Nation of Indians, 169. 26 Royce, The Cherokee Nation of Indians, 170. Spring 2002 53 remained uncompensated for their service, and many were in desperate need of income. Offering land as payment for military services was not new, and had been used to support earlier Indian wars. For Revolutionary War Soldiers, land was offered by the Federal Government and several states. North Carolina, with extensive western lands in what would become Tennessee, offered large tracts of land for past military service. However, the military grant system made it difficult for soldiers to claim their property. Once the warrant was obtained, it was up to the veteran to locate the land and have it surveyed. This process proved time consuming and cost prohibitive to most veterans. Besides a complex bureaucracy that favored organized speculation schemes, many veterans simply did not want to relocate due to age or the far distance of the new unsettled region. Ready to take advantage of the situation were speculators, land office personnel, and military officers.27 In a series of legislation in 178o, 1782, 1783, and 1784, North Carolina established a system for distributing the future Tennessee lands set aside for veterans. One of the complications was that the original tract reserved for these grants had already undergone considerable settlement, forcing North Carolina to look further for an unoccupied tract.28 The actual process was hampered by several factors. A lack of records made verifying war service difficult. As a result, officers were permitted to provide lists of their men as evidence of service. Many of these contained erroneous and falsified information. Once the warrant for land was issued, the recipient could sell it. ln 1784,William Blount was already obtaining these warrants. John Sevier saw the new legislation as a way to convert earlier land entries obtained under the 1779 Confiscation Act into legitimate deed. He bribed Secretary of State James Glasgow with a portion of the land to change the date and the amount paid. Beyond this, the only evidence pointing to the earlier date was the numerical sequence in the entry books that soon became lost. Later, in 1798 as the details of fraud surrounding the military grants were exposed, testimony pointed to a plan by William Blount and William 27 Daniel Janson, "A Case of Fraud and Deception: The Revolutionary War Military Land Bounty Policy in Tennessee," The Journal of East Tennessee History 64 (1992): 52-59. 28 Janson, 35. 54 Tuckasegee Valley Historical Review Terrell at Blount's home to destroy state records in Raleigh that held evidence against them. What came to be known as the Glasgow Land Fraud was too great to be handled in the existing court system, leading to the creation of what would become the North Carolina Supreme Court. Continued Blount family connections to the scandal came forth during the investigations, including obtaining duplicate grants off of the same land warrants. In the end, the affair ended Glasgow's career. After his fines were paid, he moved to Tennessee. As for Tennessee, the extent of fraud connected with military land grants eventually led the state to refuse to acknowledge the legality of any military claims.29 David Allison participated in the military land grant schemes of the Blount brothers both in Tennessee and as the family's business agent in Philadelphia. While in Philadelphia, Allison staged some of his most daring land speculation schemes. ln 1794, the boundary lines for the Treaty of Hopewell still had not been surveyed. Despite this,land entries were regularly made in the effected territory. Speculators like Lambert Clayton were content to wait until after the more concrete Treaty of Tellico in 1798 to actually take out grants on these entries. But Allison, as well as northern investors William Cathcart and George Lattimer, realized that in the competition for western North Carolina lands, waiting for treaties would not allow for large-scale speculation activity. The race was on. Allison's speculation arrangements involved as much as 1,000,000 acres of western North Carolina land at a time. The extensive Blount business network allowed Allison in Philadelphia to arrange minute details for entries, warrants, and even grants for land on both sides of the yet to be surveyed Cherokee Boundary line, all carefully acquired with land entries of 640 acres each.so Little description for these land claims were given other than that they were adjacent to each other, though one claimed by John Gray Blount did mention that it included 29 Russell S. Koonts, "'An Angel Has Fallen!': The Glasgow Land Frauds and the Emergence of the North Carolina Supreme Court," The North Carolina Historical Review 73, 3 (1995), 301-328. 30 The North Carolina Land Act of 1794, in an attempt to curtail speculation, prevented entries over 640 acres. However, speculators circumvented these regulations by taking out numerous contiguous entries and later executing one survey and grant to cover them all. Smathers, The History of Land Titles in Western North Carolina. 74-75. 5pring 2002 55 the house of competing speculator, Waightstill Avery. Philadelphia investors William Cathcart and George Lattimer were also included.31 While the Blount empire had secured the necessary network and political influence to gain rapid access to soon to be available land, the problem of access to capital left all land speculators grappling for any available cash. Demands for cash proved problematic to Allison as well as to John Brown, buyer for Cathcart and Lattimer. As for finding a market for these lands, the Blounts planned to send Allison to Europe to open a land office to sell the land to potential immigrants. The 1794 and 1795 race for Buncombe County, NC land entries resulted in seven massive speculation grants issued in 1796, with much of the land remaining in Cherokee Territory. William Cathcart and partner George Lattimer obtained 183,780 acres. John Gray Blount and his agent David Allison obtained 746,880 acre.32 The extent of the 1794 speculation activity was such that John Carson of Burke County, North Carolina, a Blount operative who assisted in acquiring the entries, petitioned the Secretary of State July 15, 1795 stating that he believed that all vacant land in Buncombe County had been claimed. Carson also complained against former entry taker Thomas Davidson, referring to the original entrybook covering 1792 and 1793 which had "accidentally consumed to ashes" suggesting that Davidson was back dating warrants to 1793 claiming they were included in this burned book. Carson also emphasized that Davidson owed the state at least £1,000 which he did not believe Davidson had any intention of paying.33 Throughout Allison's association with the Blounts, his personal financial problems plagued the family. Allison was constantly requesting more funds to manage the family business. When Allison went bankrupt, his financial ties almost landed the newly elected Tennessee congressmen William Blount and Andrew Jackson in debtors prison in connection with merchant activity in Tennessee. But William Blount had larger legal problems. ln 1797, the Boundary line between the 31 Buncombe County Land Entry Book, 1794, Buncombe County, NC Central Records Office. 32 E.M. Moffit Map prepared for George Smathers in 1937. The map includes these significant grants which crossed the Meigs-Freeman Line established in 1802 and does not include smaller speculation activity. 33 Petition of John Carson of Burke County (15 Jul. 1795), Keith, The John Gray Blount Papers, 2:661-662. 56 Tuckasegee Valley Historical Review Cherokee and whites still had not been run. Andrew Pickens from South Carolina, Benjamin Hawkins from North Carolina, and James Winchester from Tennessee were appointed to run the line to help stop white settlement in Cherokee territory. Hawkins was frustrated by three events during this attempt to resolve Cherokee white relations. The first was to learn of an "experiment line" run by Blount, far to the west of where the boundary line would really be located to entice settlers to the area.34 The second was the delay of General Winchester in joining them causing Hawkins and Pickens to prepare to complete the survey themselves. However, the most significant discovery was a letter from William Blount to interpreter James Carey concerning an international plot allegedly to help those living on the western edge of the frontier but which would also promote Blount land acquisition.35 The conspiracy involved the United States, Britain, France, Spain, and Indian nations. Carey, feeling uneasy about the affair, became intoxicated and finally turned the letter over. When Hawkins brought the matter to the attention of Congress, the Senate set out to impeach William Blount for treason in what became known as the Blount Land Fraud. Blount retreated to Tennessee and resigned before the impeachment could proceed.36 By 1798, Allison experienced increasing financial problems. Blount operatives and soon Thomas Blount himself reported misgivings about Allison's trustworthiness to John Gray Blount. In addition, Thomas was deeply upset by the effects of the Blount Land Fraud on family honor.37 Allison's debt problems were increasing as were the debts of the Blounts. And his land schemes were becoming more daring. Back in 1796, Allison suggested to John Gray Blount, "I believe the Ex Secretary has clearly proved that it is not only Justifiable and 34 Journal Entry (07 Apr. 1979), Benjamin Hawkins, Letters of Benjamin Hawkins, Georgia Historical Society Collections IX (Savannah: Georgia Historical Society, l9l6), ll5. 35 Benjamin Hawkins and Andrew Pickens to James McHenry (24 Apr. 1797), Hawkins, 130-131. 36 Thomas Blount to John Gray Blount (08 Feb. 1798), Keith, The John Gray Blount Papers, 2:2O5-206. 37 George Ogg to John Gray Blount, (07 Sep. 1795), Keith, The John Gray Blount Papers,2:589; Thomas Blount to John Gray Blount (29 Mar. 1798), William H. Masterson, The John Gray Blount Papers, 4 vols., (Raleigh: State Department of History, 1965) 3:218-219. Spring 2002 57 legal but highly proper to overdraw, at certain seasons and for special causes" in reference to what had become their habit of borrowing from one fund to pay off the debts of another.38 At one point, to circumvent the lack of ready cash, he actually sold property prior to obtaining it. Obtaining the property proved more difficult than expected. The international economy was suffering a depression that was affecting the business climate of Philadelphia. Allison's personal Philadelphia business failed, eventually landing Allison in debtor's prison. Even here, he continued to manage Blount business affairs, though he complained of the difficulty prison placed on these affairs. At the center of his concern was a tract of land in Buncombe County that contained over 250,240 acres that the Blounts had placed in Allison's name to facilitate sales. Allison's debts made the tract vulnerable to seizure by his creditors. In addition, there were back taxes due. Allison proposed a desperate move to rid the tax problems as well as move the land out of reach from his creditors. He instructed John Gray Blount to have another Blount agent, John Strouther, purchase the land at the tax sale. Strouther was chosen since he did not have family and would be able to travel easily to Europe with Allison.39 But Allison would not see Europe. He died in prison September 28, 1798. However, the financial nightmare created by Allison would haunt all three Blount brothers the rest of their lives as they attempted to salvage their profits and lands from the Allison estate proceedings. As for Strouther, he quickly set about securing the Buncombe lands. In Raleigh he identified conflicting land claims and proposed to John Gray Blount that it might be necessary to sell off portions of the land for taxes as well as to prove the legitimacy of the title.40 While Allison and the Blounts struggled with economic and political difficulties in 1797, a virtually unknown man was preparing to enter into Buncombe County Land Speculation. Before Pickens and Hawkins could complete their boundary line 38 David Allison to John Gray Blount (21 Jan. 1796), Masterson, The John Gray Blount Papers,3:9-ll. The reference is to Secretary of the Treasury Alexander Hamilton's practice of using congressional funds appropriated for one purpose for another. 39 David Allison to John Gray Blount (16 Jul. 1798), Masterson, The John Gray Blount Papers, 3:250-251. 40 John Strouther to John Gray Blount (29 Dec. 1798), Masterson, The John Gray Blount Papers, 3:268-269. 56 Tuckasegee Valley Historical Review between the whites and Cherokee, the state line between North and South Carolina needed to be extended. This was done under the supervision of surveyor James Clark Kilpatrick. However the line ended up being several miles too far to the North. A marker continued to exist on this line into the 1980s. The front was marked "1797 P.L." On the reverse were the initials "Z.C.," the survey mark used by Zachariah Candler.41 Whatever Candler's role in the survey was, it was a minor role. His name does not appear in the accounts of Benjamin Hawkins. But it did involve him in the region surrounding the headwaters of the French Broad River. ln 1799, Candler purchased 3130 acres of the Allison Grant from fellow surveyor John Strouther.42 After the Treaty of Tellico in 1798 and new Meigs-Freeman line in 1802, the headwaters region, south of the line believed to be south of North Carolina, was ceded to the state of Georgia. A census taken soon after shows Zachariah Candler living in the Western District of this area.43 Residents here had been told they were in Georgia and were waiting for the headright grants that would secure their homes with a legal land title. Candler did not wait. In 1802 he began obtaining North Carolina land grants for the area for as little as 50 shillings per 100 acres. In addition to the land grants, many of Candler's land acquisitions came from private individuals for amounts more representative of actual land values. Some of these may have been land offered in payment for survey services in a cash poor economy.44 41 The approximate original location of the marker, description of the Kilpatrick Line, and a photograph of the front of the marker is included in Martin Reidinger, The Walton War and the Georgia-North Carolina Boundary Dispute (n.p., l98l). The marker was moved in a property dispute and is currently located at the Transylvania County Joint Historic Preservation Commission Archives, Brevard, North Carolina. 42 Buncombe County, NC Deed Book 7 p. 89, registered in 1808 and Deed Book F p. 122 registered in 1814. Duplicate or missing entries are not uncommon in early Buncombe County land records. 43 "A Census of the people settled on that Tract of Country which is extinguished of Indian claims, lying on the head of French Broad River, within the Territory ceded by the United States to the State of Georgia.".Harry Ransom Humanities Research Center, University of Texas at Austin. 44 A description of an agreement to pay for locating services with a portion of the land surveyed is found in John Catron to Thomas H. Blount (10 Apr. 1833), David T. Morgan, ed., The John Gray Blount Papers,4 vols.,(Raleigh: State Department of Archives, 1982), 4:621. Spring 2002 59 Candler's speculation activity placed a new approach to the old standard formula for land acquisition, based on his close personal knowledge of local terrain. Instead of manipulating Cherokee boundaries, he took advantage of the confusion over the North Carolina state boundary. After his former home was erroneously placed in the first Walton County, Georgia a small war exploded between those waiting for Georgia headright grants and residents holding North Carolina land grants.45 Candler carefully targeted prime land on the south side of the line that he purchased on North Carolina titles. Candler also quickly diveisified his business activities to include a drover stand, a ferry, tenants, and mining. His acquisition of grants seems tied to the drover traffic. Over his lifetime he acquired 53 North Carolina land grants totaling about 19,000 acres. All were obtained between mid November and mid January, the period following the drover season. In 1817 Candler mortgaged his land holdings which now amounted to 74 tracts totaling over 32,245.5 acres.46 The tracts demonstrate the advantages of first hand knowledge of the best tracts of land. Candler specifically targeted the existing infrastructure, including roads, Indian paths, and ferrylandings. Mills and fish traps were also frequently mentioned. Several tracts mention residents or former residents. Candler did provide his tenants the opportunity to purchase their land and by 1817 three had: ebraham Pickleseimer, Benjamin Trammel, and William Gillespie.47 45 Reidinger, The Walton War and the Georgia-North Carolina Boundary Dispute, 16-17. 46 Zachariah Candler to Thomas Moore, et al (05 Nov. l8l7), Buncombe County, NC Deed Book 12 p. 103. An exact figure of land transactions for speculators is impossible to obtain. The Registar of Deeds office contains handwritten transcription of most transactions, though as with all transcriptions, there are human errors as well as the deliberate misrepresentations associated with speculation activity. Some deeds containing multiple tracts, including the Candler Mortgage are missing legal descriptions of some of those tacts. In addition' many tracts of land were based on estimates and not actual surveys. A few deeds do not include the number of acres. And some deeds were never recorded in the deeds books, even though they were proved in court and ordered to be registered. In addition, some deeds that cover multiple tracts of land include a total amount of land that does not match the actual total of the various tracts listed. All acreage amounts should be considered low due to the various problems in documentation. 47 Zachaiah Candler to Abraham Pickleseimer (27 Sep. l8l5), Buncombe County, NC Deed Book 13 p. 307; zachaiah candler to Benjamin Trammel (21 60 Tuckasegee Valley Historical Review Candler effectively purchased the infrastructure of an entire community at the head of the French Broad River. This property had advantages for the final step of the speculation process - finding a market. Some residents stayed on as tenants, some did eventually buy their land. But even those who abandoned their homes left improvements in place to entice settlement. This steady beginning in land speculation activity allowed Candler to make his first large land purchase in 1814 when he acquired 10,000 acres from John Strouther that had been part of the Allison Grant. This tract was relatively inexpensive, only $500, since it was based on a questionable title. The deed clearly stated that Candler understood the land was in Cherokee Territory. Candler's shrewd business sense allowed him to enter into larger land schemes. September 13, 1817 Candler purchased nearly 13,000 acres from Burdit Sams. This land was originally granted to William Cathcart. And in 1819 Candler acquired almost 62,000 acres of land formerly belonging to Thomas Dillon and George Lattimer at a sheriffs sale for $188.75.48 As Candler's speculation activity grew, the Blounts continued to experience problems. The death of William Blount left his estate still in shambles after Allison's deals. John Gray and Thomas resorted to complex schemes of creating false debts and therefore suing the estate to try to provide for William's children. But despite past problems, they continued to pursue land speculation. In 1809 Willie Blount, the half brother of William, Thomas, and John Gray Blount, wrote a letter to then Major General Andrew Jackson promoting a plan Willie Blount had introduced to the legislature calling for the removal of the Cherokee and Chickasaw to land west of the Mississippi. The plan was promoted as beneficial for the Indians and Tennessee as well as being a cost efficient method of handling the Indian problems and justified as promoting further civilization of the Indians.49 After Andrew Jackson claimed victory against the Creeks in 1814, Blount operative John Strouther was hired to [cont. from p.60] Dec. 1816), Deed Book 13 p. 307; Zachariah Candler to William Gillespie (23 Dec. l8l6), Deed Book l2 p. 515. 48 Sheriff et al to Zachariah Candler (20 Mar. l8l9), Buncombe County, NC Deed Book l7 p.224. It is unknown if this was an independent purchase or made on behalf of the former owners. 49 Morgan, The John Gray Blount Papers,4:112 - 114. It is unknown to what extent this letter influenced Jackson's later Indian removal policy. 5pring 2002 61 mark the boundary line between the Creek Nation and United States Territory. During this project, the Blounts also hired Strouther to map out the best lands for the Blounts to acquire, though he died August 19, 1815 before he could complete the project.50 Candler was also involved in the new lands opened up by the Creek War. His survey notebook includes a diary, description, and map of the region.51 Following Strouther's death, Robert Love reported that immediately following news of the death; a number of entries were made for the Blount property listed in Strouther's name. However, Strouther's will left all of his speculation lands to John Gray Blount, thus returning Allison's grant to its original investor.52 Robert Love quickly became the Blounts' principle business agent in western North Carolina to protect their land claims. The lands were becoming ever more difficult to maintain. Costs involved from taxes, surveys, and litigation were consuming significant profits.53 Sales became increasingly difficult, as new, cheaper lands were available in the west. Love recommended selling the land as soon as possible at what ever terms could be arranged. Love also mentioned that Candler was seeking to work for the Blounts in culling out the best parcels of land for sale. While Love did say that Candler would be well suited to the job, he could not recommend hiring him at the time as Candler was involved in litigation surround a bank script-counterfeiting scheme.54 In 1830, Candler, Love, and the surviving Blount brother, John Gray were old men. Robert Love found it difficult to perform his duties as a result of age and later an injury from a horse kick. John Gray Blount died January 8, 1833, still in possession of large tracts of Western North Carolina lands. Soon after in 1838 came the final stage in the removal of the 50 Robert Love to John Gray Blount (04 Oct. l8l5), Morgan, The John Gray Blount Papers, 4:260-261. 51 Zachariah Candler's Survey Field Notes Vol. 5, Transylvania County Joint Historic Preservation Commission Archives. Half of the first page of the description of this journey is missing, which includes the details of why the journey was made. 52 Will of John Strouther (copy) (22 Nov. 1806), Morgan, The John Gray B lount Papers, 4:78-80. 53 Robert Love to John Gray Blount (02 Apr. 1816), Morgan, The John Gray Blount Papers, 4:264-267 . tn Robert Love to John Gray Blount (16 Mar. 1824), Morgan, The John Gray Blount Papers, 4:404-405. 62 Tuckasegee Valley Historical Review Cherokee, a process which had been dominated by Blount land speculation interests since the beginning of the new nation. Also in 1838 Robert Love, Thomas Love, and James R. Love sold l50,000 acres of former Blount and Allison land to Zachariah Candler.55 The relationship between Love and Candler is complex. Love acquired several tracts of Candler land at a sheriff sale.56 However, Candler continued to sell these lands, purchasing a Quit Claim deed from Love as they were sold.57 July 4, 1844, Candler sold Robert and James R Love 50,000 acres of the land to settle $3ooo worth of debts and judgments.58 However, since sheriff sales and lawsuits could either be friendly business maneuvers, or hostile takeovers, the legal action itself does not shed light on the nature of their relationship. By July 1844, Candler's speculation was drawing to a close as he prepared his will. Robert Love's son, James R. Love was named among the executors.59 Candler died by the end of 1845. The will provided an estate of 1000 acres for his wife. Candler's children, grandchildren, and a bound girl were provided for. Oddly, there is no mention of slaves. The only Buncombe County document that mentioned Candler's ownership of slaves is one deed in which he sold his interest in his uncle's slaves in Bedford County, Virginia to William Dickinson.60 In the stormy world of land speculation, Candler had perfected his methods to make land a more profitable investment and tenants a more profitable labor system. His children and grandchildren inherited interest land in present day Buncombe, Henderson, Transylvania, Haywood, Yancey, 55 Sheriff et al to Robert Love (1838) Buncombe County, NC Deed Book 21,p.546. 56 ZacbariahCandler, et al to Robert Love (08 Jan. 1822),Buncombe County, N_C Deed Book l3 p.219. 57 Robert Love and Thomas Love to Zachariah Candler (22 Oct 1838), Buncombe County, NC Deed Book 21 p.298. 58 Zachariah Candler to Robert Love et al (04 Jul. 1844) Buncombe County, NC Deed Book 23 p. 68. 59 Buncombe County, NC Will Book A p.116-117 (23 Jul.1844) proved December Term 1845. 60 Zachariah Candler to William Dickinson of Bedford County, VA, (25 Jan. 1835), Buncombe County, NC Deed Book 19 p. 414. Candler sold his interest in the slaves mentioned in the will of Zachaiah Moorman. Spring 2002 63 and Madison Counties.61 In 1894 Candler's grandson, Thomas J. Candler sold what was referred to as the "Candler Speculation Land" described as "all of the land granted to Allison" to a member of a new generation of investors hungry for former Cherokee lands, George W. Vanderbilt.62 Land speculation of former and soon to be former Cherokee lands involved far more than simple ownership. It impacted local, state, national and international politics and economics. It led to the removal of entire Indian nations. It controlled settlement patterns, business and trade networks, and local labor systems. The complex networks required for large speculation activity raises questions of control. At the height of Blount speculation activity it could well be argued that it was David Allison, with his secret personal business dealings, who was speculating and simply using the Blount resources for his own purposes. Later when John Strouther owned much of this land in his own name, it was really the Blounts who controlled the property. Robert Love carefully negotiated his relationship with the Blounts to ensure personal profit. Successful speculation activity required the basic elements of access to land, access to capital, access to market and sufficient government influence to defend any transactions. Allison and the Blounts, having to manipulate an international arena, largelyfound it impossible to maintain the perfect balance of the necessary elements. But in the distant mountains of Appalachia, smaller planter class families such as the McDowells, Davidsons, and Averys could successfully manage speculation activity. But perhaps more important, speculation allowed relatively minor agents such as Allison, Strouther, Love, and Candler tremendous opportunities for upward mobility. By aligning themselves with the powerful Blount economic 61 George W. Candler purchased many of the interests in the estate from his siblings and nephews. Henderson County, NC Deed Book 19 p.393 - 4ll. 62 T.J. Candler and Hester E. Candler to George W. Vanderbilt (21 May 1894), Henderson County, NC Deed Book 3l p.439. The deed excepted four tracts from the Allison Grant. However, in the nearly 100 years since the original grant, Strouther, Blount, Love, and three generations of Candlers had sold portions of the land, the Avery's had sued with an overlapping claim to acquire the Pink Beds, and G.W. Candler had made an agreement with the University of North Carolina to split the remaining portion of the land with the University. An additional lawsuit by the Cherokee voided all of the grants west of the Meigs-Freeman Line making the legitimacy of this transaction questionable. 64 Tuckasegee Valley Historical Review machine, these men were perhaps more successful than the family which supported them. Richard Henderson's speculation activity launched a race to acquire Cherokee Lands that would directly impact the governments, economic structures, and individuals of several states and entire nations and lead to the near destruction of the Cherokee. It is important to remember that this speculation activity was the standard of the day, right down to any secretive dealings. For these men, speculation activity was simply an investment, just as people today might invest in the stock market. The individuals who used speculation at all levels to gain economic status can only be seen as the brilliant businessmen and community leaders of their day. The massive territory affected by speculation conceals a small irony of history. At its height, speculation of Cherokee Lands converged around the lands and politics surrounding the 1798 Treaty of Tellico to reshape a small corner of Appalachia at the head of the French Broad River. Local tradition says that in 1861 Joseph P. Jordan named the area Transylvania County, North Carolina, after the land speculation venture of Richard Henderson and his Transylvania Company. 5pring 2002 65Received on Fri Sep 23 2011 - 12:29:50 MDT
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