Early Governors' Papers

Knoxville 5th February 1798.

(circular)

Sir

A very important law Question has arisen, and in it self a singular one, which very much effects the interest ^and welfare of this State. The constitution being authorized to call on the attorny [sic] generals for ^their advice ^& counsel on certain Occasions, I take the liberty to request that you will without delay come forward to this place, and attend on the Wednesday the fourteenth Instant, in order to take under ^your consideration Such matters & things as will be then Laid I shall then lay before you & the other Attornys [sic]

I have the honor &c

John Sevier (in pencil)

Attorny [sic] Generals - (sent to Mero) Hamilton Attorny [sic] Generals for Mero District

Circular letter to the Attorny [sic] Gen^ls.

5th Feb 1798

copies to Hamilton Lacy & Lowry have been forwarded and also to Lacy

N^o 3

Recor^ded

South West Point 4^th Febr^y 1798

Knoxville 17th February 1798

Sir

Yours of the 4 Instant by M^r Nelson, is now before me. previous to the receit of your favor, I had Summoned, the Attorny [sic] Generals to attend at this place on the 14 Instant in order to aid me in their Counsel, respecting the delivery books of and papers of Martin Armstrongs office, being removed out of the State- two of the Attorneys have attended (to wit) Lowry, & Hamilton, And there [sic] report I do myself the honor to inclose you -

You will therefore observe that you are not by to suffer by any means to suffer the books and papers to be taken out of this State observing

To Mess.^rs James Robertson, James Stuart and Lachlin McIntosh

Gentlemen

Having named appointed you as agents on the part of this State, to attend the ensueing treaty now about to be held between the United States & the Cherokee Indians. ~

It will be impossible to instruct you in the minute

You will therefore please to repair to Tellico blockhouse, at which place you will be on the sixth instant prepared to attend the negotiations, at whatever point they may open-

It will be impossible to instruct you in the minutia of those interests, to which you are called to attend; as an outline, you will understand the state to require as extensive an extension of the indian claim north of the Tennessee, as may be obtained-

The communication of the Holeston and Clinch with the Tennessee, and the right bank of the last river from our south east boundary to its confluence with the Clinch, are points to which you will direct your attention, as also to secure from future molestation, the settlements so far as they have proposed progressed, on the northern and western borders of the state ^state settlements - The connecting the districts of Mero and Hamilton, now separated by a space of an extinguished hunting grounds of near eighty miles in width, will be considered by you Gentlemen as an object of great importance, as the inconveniences resulting from the present State of our settlements, must be obvious to every mind conversant with the Geography of the Country,

In relation to my qualifications to fill the office I would defer you for information to the bar of the Western District gen-eraly- and particularly to Mr Miller, Mr Huntsman, Mr Stod -dart, Talbot, Bradford, Judges Haskill and Hamilton Judge Humphreys, McKernan, Gillespie, Martins, &c &c. In Nashville I would take the liberty of referring you the judges of the supreme court, but particilarly to Judge Brown and William A. Cooke. with the former of whom I read and with the latter practiced law. I would also refer you to the Clarkesville bar generally, but particularly to Colo Martin with whom I haue attended many courts in the course of the last three or four years. You are aware that in this solicitorial district it is of the ut -most importance to the interest of the state that the person holding the office of solicitor should be quali -fied to fill it, as it is his duty to appear in the Supreme court, in all state cases carried there from this Supreme Judicial district. It is admitted among all Jurists of respectabillity at this time, that it is the certainty more than the severity of punishments, that prevents the commission of crime, to which in our judicial system no one can contribute more than a solicitor properly qualified to discharge the duties of that responsible but too often neglected office, I do not conceiue that in the case of an indiuidual who has been sufficiently long at the bar to haue acquired a decided, and fixed standing in the profession (and such is the case with myself, whether that standing be high or low) you will expect him to present written testimonials of his knowledge of the science and practice of the law, and in relation to me such recomendations will be the less necessary as from my hauing become an appli -cant so long before it will devolve on you to confer