[Copy] [to be read N^o 7] Copy of a letter from James McHenry Secretary at War — to L^t. Col Butler — America to the Tenasee Members — War Office, March 2, 1798 Sir, I have received your letter of the 6^th of February with its enclosures. My last will have informed you of the negotiation which is proposed to open with the Cherokees. As this may lead to an alteration of the present Indian boundary, it may be proper to suspend making any collection of materials for additions to the works at Tellico and South West point, till such time as the fate of the negotiation is known. In case the Indian boundary is altered, new sites within it will be taken as well for the factory as the forts. As your presence may be necessary at the treaty, you will be able to satisfy the Indians of the propriety of such an arrangement. Altho' Cox has delivered up some of his military apparatus, he still continues, as I have been informed, to prepare boats, and his Associates to hold themselves in readiness to seize the first favourable opening for carrying his project into execution. It is proper therefore, that you should not cease to discover his motions, and to be fully prepared to defeat his enterprise. Should you find that he still persists, you may send him the following notice, and have it published in the Knoxville gazette, and continued there for a length of time, viz. "Lieu^t Col Thomas Butler, commanding the Troops of the "United States in the State of Tenessee, thinks it his duty to make "known, that he has orders from the proper authority, to resist all per "sons whatever who have entered into the service of Zachariah Cox "and C^o under engagement to descend the Tenassee River, and settle "and defend certain Indian lands by military force; and that he will "resist by all the means in his power any attempt as aforesaid, and "that a perseverance in and preparations to carry the said enterprise "into effect, will render all those who may be concerned therein, highly "criminal and amenable to the laws of their Country." I have too been mentioned to me, that some of those persons, who have been removed from the Indian land, have applied and been refused passports to bring off their [undecipherable: produce] occasionally, and we wanted and that their Cattle or Stock have suffered greatly in consequence of said refusal. I wish you to enquire whether facts of this nature have occurred, and to grant such indulgences, taking care at the same time, that they be not used for improper purposes. I inclose you a copy of a letter from Governor Sevier to the President of the United States stating that "Judge Campbell had been arrested on the 3^d of February ult about ten oclock at night, on his own premises and not within the Indian line, by two of your officers, and conducted a prisoner to your cantonment, and there detained until the next day before he was liberated." By the Intercourse law, passed 19^th May 1796, persons who have violated any of the provisions or regulations thereof, found within the Indian Country, may be arrested there by the military and conveyed to the civil authority; but if found without the Indian Country, they cannot be acting in arresting and committing them to safe custody unless called upon by the civil Magistrate, or other person duly authorized for that purpose, and having a lawful warrant. It will be proper that you should state the circumstances respecting this transaction. I am with great respect, Sir, your Obedient Servant. James McHenry