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niGliOKKi: PHOIX, AND INDIANS’ ADVO©AT
"4«S.
FRINTED UNDER TH* FATBOMACE, ANi> -FPR THE BENEFIT OF THE CHEROKEE NATION; AND DEVOTED TO THE CAUSE OF INDIANS.-.E. EOiDIKCTT, IDITCB.
VOL. XX.
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.4QENTS FOR THE CHEROKEE
PHCENIX.
- ..The following persons are authorized to
teceive subscriptions and payments for the
..Cherokee Phoenix.
Messrs. Peirce 6l Williams, No. 90
Market St. Boston, Masaa
Geop.sk M.,TracV, Agent of the A; B. \
a. F. M. New York-.
Rev. A. D. Eddy, Canandaigua, N. Y.
Thomas Hastings,.Utica, N. Y.
Pol.ahu fc Converse, Richmond, Va.
Rev. JaMes Campbell, Beaufort, S. C.
William Moultrie Reid, Charleston,
jk C.
Col Georoe Smith, Statesville, W. T.
William M. Combs, Nashville, Ten.
Rev. Bennet Roberts, Powal, Me.
Mr. Thos. R. Gom f ^an itinerant Gen
tleman.)
Jeremiah Austil, Mobile, Ala.
Rev. Cyrus Kingsbury, Miyhew, Chor>
taw Nation.
Capt. William Robertson, Augusta;
•»e ; orgi*.
Col. James Turk, Bellefonte, Ala.
INDAINs!
DOCUMENTS j
Relating to the boundary line |
BETWEEN THE CHEROKEES AND
Greeks. ,
In Executive Council ,
New Echota, Chehokee Nation, >
October 28th, 1830. $
Col. H. Montgomery, tJ. 8. Agent,
Sir—Your letter of the 7th of
September last enclosing a copy of a
letter from the Honorable Secretary
of War to yourself could not well
have been replied to Sooner, for the
want of documents containing facts
necessary to be referred to in relation
ip the bdufidary line bejtwden the
£librdfeee, and Creek Nation*. I
have taken extract! from sundry offi
cial documents which have come td
my notice, and I transmit them here
with, for the information and conside
ration of the War Department.
Document A. No 1, shews that the
thiited States and the Creek Nation
by the Treaty entered into at Fort
Jackson, on the 9th day of August
I8U, have acknowledged, and declar
ed that the eouth boundary line of the
Cherokee nation erotset the Coosa riv
tr; and by refering to No. 2, it will
be clearly seen that the United States
in treaty with the Cherokee nation
ihade at Washington City, on the 22d
flay of March 1814, have recognized
and definitely established the point of
crossing Coosa river as designated by
the treaty of Fort Jackson, to be at
the lower end of the Ten Islands on the
Coosa river. No. 3 shews, that the
Cherokee nation ceded to the United
States, by treaty made at the Cliero-
Icon Agency on the 8th day of July
1817, lands east of the Chattahoochee
fiver, “Beginning at the high shoals
c <rf the Appalachro river, Pud running
thence, t’tabg the boundary line b<
tween the Breek, and Cherokee n
lions, westvsardly to the Chatahn
Obee fiver; thence up the Cbataho
chee river,” Sic. Thus it will b
seen that*o far as the United Stat*
beconie an interested party hr v_ t .
bbondaiy Vine between th.a Uher'ok*-’*
and Creek nations, east of the Chat
hooches, and west of ihet’obsa Iv
ors, jth.ey have fully acknowledged a
clearlv established it by the treat;'.-
herein referedXo, afiid it only remc
ed then, for th’exCherokee and Cree
nations to define, 'establish and run o
the line between the two nations fro .
the Chatahoochee river to the Cow
rivers; & No 4 shews, that the Unr
ed States Government through J;
C. Calhoun, then Seeretary ofWa
in his instructions to the United States
commissioners who tvere appointed C
negotiate a treaty with the Creek Na
tion, dated 8th August, 1820, recog
nized the lands ssuth of the Etowah
and Coosa rivers, to a certain imagin
ary line, to be the property of the
Cherokee Nation
Document B. No. 5, exhibits a
trdaty of boundary entered itlio be
tween the Cherokee and Creek nations
definitively establishing, running, ami
marking out the boundary line between
the two nations, dated 11 tli December
1822.
Document C. No. 6, shews that
the United States through their cora-
inissio.ierb on the 25th day of October,
1823, recognized the boundary as es
tablished between the two nations,
and proposed to treat with the Chero
kee nation for all their lands lying
within the chartered limits of Geor
gia, north of that boundary line, and
south of the Etowah hnd Coosa rivers.
No. 7, shews that Jno. C. Calhoun,
Secretary of War, in his report on
tie 24th day of October, 1824, again
admits that the Goviernmeht in 1819,
art! previous to the running out the
boundary ’line between the two nations,
recognized the lands south of the E-
torah smd Coosa rivers ai the proper
ty of th8 Cherokee nation.
Document D No 8, exhibits the
eiiposiUon of the United States’ com-
mbsioners who negotiated the treaty
oflhe Indian Springs with McIntosh
»n| his party, shewing (hat they have
fully recognized the boundary line
between the two nations ns run artd
maiked out, from the Chatahoochee
rivyr at Buzzard Roost, near Sand
Town, and that the lands claimed, oc
cupied and ceded by the Cr.eeks in
that treaty, lay south of and is bound
ed hr said line; and by the treaty eh-
tered into between the United States
and the Creek nalion at Washington
city, in the year 182G, thq treaty of
Indian Springs is declared to be null
and void to all intents and purposes,
and by this treaty the boundary line
established between the Cherokee find
Crteek nations is especially, and fully
recognized and acknowledged—“Be-
girthing at the Buzzard roost on the
Chatahoochee river,” 9lc. &c. No.
9, exhibits a,letter from Col. H.
Montgomery, United State's Agent for
the Cherokee nation, to Charles R.
Hicks, 4 Principal Chief of said nation,
under thp direction of Governor Trqop
of Georgia, notifying the nation to ap
point commissioners on their part to
attend the United States coidmisiiion-
ert and surveyor in reU^cihg the
Cherqkce boundary line xvith the
Creelis agreeably to the aforesaid
treaty, and Mr. HickS’ fropiy thereto
annexed.
Document E, exhibits a letter of
instructions to the Commissioners ap
pointed by Charles R. Hi°ks on the
part of the Cherokee nation, agreeably
to the notification received through
Col. Montgomery, for the purpose of
acting, and attending with the United
States commissioners,in retiacing the
boundary line between the. Cherokee
and Creek nations', according to the
treaty made between the United
States and the Creek nation.
Document F, contains <he report
of the Cherokee commissioner* of
I ieir proceedings, together with a plot
-I the survey made by the United
lates surveyor.
1 presume that the United States
•tuipisgioner, Mr. Bright of Teanes-
ra^ wla was instructed to survey
,s boundrrf, has also made a report
0 the General Gove onuih of his
voceedings accordingly.
it is believed that upon examination
letter will be found in your office
om the late Charles' tiicks, Priu-
ipal Chief, to Return J. Meigs then
Jnited States Agent for this nation,
enclosing a copy of t ie treaty of boun
dary between the Cherokee and Creek
lations, requesting that it be trans-
nitte'l and repot Led to the War De
partment; and also a copy of a letter
from Col. Meigs to the Secretary of
War in compliance with the request;
—these facts together with all otheis
>n the subject in your office and pos
session, I trust yon have already col
lected, and communicated to the Hon
Secretary of War in compliance with
his instructions to you. It is an in
controvertible fact, that the lands now
laiined by Georgia as having been
purchased from the Creeks have al
ways been in the peaceful possession of
the Chcrokees as their soil—and that
the Creeks have never occupied nor
owned them, nor have they ever ced
ed them to the United States in any
01 their treaties—'and that no other
boundary line has ever been run and
marked out bet ween the two nations,
previous to the one established from
the Buzzard roost on the Ciiatahqo-
chee river to the Coosa river, thence
down the 6aiue to the lower eirJ of
the Ten Islands,—and that previous
to the definitive establishment of this
boundary line, the Cherdkee nation
claimed lands south of said line, and
that the boundary us established has
been agreed to on the part of the
Cheroltce nation as a com ession, from
motives Uf reconciliation, as w r cii as
from an anxious desire to have the
Subject definitively dosed.
The claim set up by the state of
Georgia, within the new line run un
der her authority, is altogether pre
sumed, and without a shadow of docu
mentary evidence; on the contrary,
ours is established by the most sacred
of all obligations, our treaties, &c.
with the General Government at dif
ferent periods. It is the established
doctrine of all nations, that whenever
a difficulty arises in relation to boun
daries or otherwise, the question is
settled before the occupancy of the
territory in dispute—the contrary is
the course adopted in the present
case; possession is allpwed indirectly
to be taken by the citizens of Geor
gia, and the right determined at an af
ter period.., We strongly remonstrate
against this course of adjusting our
difference, inasmuch as it is calculat
ed to enepurage the base and lawles*
border-citizens to intrude upori our
rights to the soil, &e. The Secreta
ry of War’S late instructions to you is
j calculated to encourage a further in
trusion of the whites, ^ and unless
prompt and Energetic measures be not
immediately adopted, there is not the
least doubt but several hundred fami
lies will remove, over, apd tqke pos
session of the territory qf the Chero-
kees before many.months. , t
You will please to advise me for
the information of the Heneral Coun
cil whether you have reported to the
Government, and also the import of
the same, likewise if you have.rcceiv-
ed any. further instructions from the
Secretary of War respecting remov
ing the intruders.
There is another cla*s of intruders
removing in possession of the improve
ments abandoned by the emigrants,un
der the pretext of obtaining permission
of the emigrants,—you will please to
state distinctly whether these facts
are known to you, and if .they are ap
probated by you, and the grounds up
on which they are allowed' to do so,
if sanctioned. For the information of
the General Council you will please
furnish a list of the nftmes of all {hose
persons who have enrolled themsel v es
as emigrants for Arkansas. It is hop
cd that you will not consider this ap
plication as unreasonable, wjien yon
reflect that it concerns the deep in
..crest ol the nation; and the only mo
tive in view is to detect any fraud,’or
imposition that may be attempted tc
be palmed on the General Govemrnen .
as well as the nation,by persons enrm
ing themselves who are nol entitled i<
the rights of citizenship in this nation
I am sir, very respectfully, you.
obedient servant,
JNO. ROSS.
[A. NO. 1.]
Extract from the 1st Article of the
treaty entered into between Majo;
Gen. Andrew Jackson, and the Chiejs
deputies and Warriors of the Creek
nation, at Fort Jackson, on the 9li
day of August, 1814, respecting the
cession therein made—to wit:
“Beginning at a point on the eaSten.
bank of the Coosa river, where tin*,
south boundary line of the Cherokee
nation crosses the same; running from
thence down the said Coosa river,”
&c.
[no. 2.]
The 1st article of a treaty between
the Cherokee nation and the United
States, entered into at Washington
City on the 22d day of March, 1816
—to wit:
“Whereas doubts have existed in
relation to the northern boundary of
that part of the Creek lands lying
west of the Coosa l iver, and which
were ceded to the United States by
the treaty held at Fort Jackiion, on
the ninth day of August, One thousand
eight hundred and fourteen; and
whereas, by the third article of the
treaty, dated the seventh of January,
one thousand eight hundred and six,
between the United States and the
Cherokee nation, the United States
have recognized a claim oh (he part
of the Cherokee nation to the lands
south of the Big Bend on the Tennes
see river, and extending as far west
as a place on the waters of Bear
creek, (a branch of the Tennessee
river,) known by the.name of Flat
Rock, or Slone; it is therefore, now
declared and agreed, that a line shall
be run from a point on the west bank
of the Coosa river, opposite to the
lower end of the T en Islands in said
river, and above Fort Strother, di
rectly to the Flat Rock or Stone, on
Bear creek, (a branch of the Tennes
see river;) which line shall be estab
lished ns the boundary of the lands
ceded by the Creek nation to the U-
States by the treaty held at Fort
Jackson, on the ninth day of August,
one thousand eight hundred and four-
teen, and of the lands claimed by the
Chferokeb nation lying west of (lie
Coosa and South of the Tennessee
rivers.”
. [no. 3 ] '
Extract of the 1st article of a trea
ty between the Cherokee nation and
the. United States, entered into at the
Chferokee Agency, oh the 8th day of
July , 1817, respecting a cession there
in made—to wit:
“Beginning at the high shoal) of the
Appalatcliy river, and running thence,
along the boundary line between the
Creek and Cherokee nations, west-
wardly to the Chatahochy river;
thence up the Chataboochy river,”
&c.
l> 0 ' 4 ’5
Extract of ijie instructions
by the Hon. John C. Calhoun, Secre
tary cf War, to the Commissioners
who negotiated the treaty of the Indian
Springs, on the 8th day of Janu$ta,
1821, dated August 8th 1880-^b
wit: ,
“On consulting with the members
from Georgia,. ! am of the impression
that a cession frqm the Creeks of the
northern position of their territory, so
as to admit of.a white population be
tween them apd theCherqkees, tvouh 1
be prefered, which you will accord
ingly first propose and urge on thetn.
1 i the event of their agreeing to such
proposition, it may be proper to ob-
■erve that there is some uncertainly
s lo the true line between the Creek*'
nd the Cherokees; and that after in-
estigating the subject two years, in
UC presence of a delegation from
both natiorfs, it is believed that the
laims of the Creeks do not justly ex-
cnci north of a line drawn due west.
si’OUi 'he high shoal of the AppaUf-
oht* M *
[B. no. 5.)
Creek nation, at Gen. William
htUshes. in council between the Ci celcs
ana Cherokees have this day muac a
Treaty about their boundary lined,
v4 z:
Art. 1st. A line we do hereby ac».
knowledge, shall.be run from the Buz 1 -
zr.rd Roost, on the Chattahoocheei.
liver, direct line so as to strike thd
Ct.osa river, opposite the mouth of
YV-ilFs creek, thence down the bank
of said river opposite to Fort Stroth-T
er, on said river; all north cf said line
is the Cherbkee lands, all south or
said line is the Creek lands.
Art. 2d. We, the CoMMissioNFKatr
do further agree that all the CreeicV
that arc north cf the Said line above,
mentioned, shall become subjects to
the Cherokee nation. N -
Art. 3d. All Cherokees that ar^
south cf the said line shall become
subjects of the Creek ration.
Art. 4th. If any chief or chiefs of
the Cherokees, should fall within the
Creek nation, such chief shall bfe ccrfi
tinned as chief of said nalion. *
Art. 5th. If any chief or chiefs of
Jhe Creeks, should fall within the
Cherokefe,fe, that is, north of said line,
they shall be continued as a chief of
said nation.
Art. 6th If any subject of . the
C'berokee nation, should commit muP-
der and run into the Creek nation, tb*?
Cherokees will make application to
the Creeks to have the murderer
killed, and when done, the Cherokep
nation will give the man who killed
the murderer, $200.
Art. 7th. If any subject of the
Creek nation, should commit murdex
and run to the Cherokees, the Creek*
will make application to the Cherokees
to have the murderer killed, and when
done the Creek natiou will give the
man who killed the murderer $2-
00. .
Art. 8th. .If any Cherokees, sbou Id
com? over the line and commit mur
der or theft on the Creeks, the Creek*
will make a demand of the Cherokee*
for satisfaction.
Art. 9th. If any Creeks should
come over the line and commit mur
der or theft on the Cherokees, Ihei
Cherokees will make a demand of
the Creeks for satisfaction.
Art. 10th. All claims of.theft fi oni
the time of the meeting held at Hi<>
kory ground, Coosa river, near Fort
Jackson, with (he Four Nalions. al
the time Boois was taken up to this
date, it is agreed by the commission*
ers of both nations that they shall ba
foreclosed by t his treaty.
Art. lllh. All individual debt), tbh
creditors will look to their debtors.
Art. 12th, The Commissioners of
both nations do agree the lines deJ
scribed in the foregoing, treaty, shall
be ratified, when the heads of both
nations sign the treaty. . ....
We the Commissioners, do here*
by sfct our hands and seals thij»
eleventh day of December, 18*
21-
The above treaty of boundary ruo
by Gen. Win. Mc’Intosh and Samuel
Hawkins, commissioners dulv author
ised by their nation, and Thomaj
Pettit and John Beamer, authorised
commissioners of the Cherokee na
tion, is forever hereafter, acknowl
edged by both nations to be perm#
nent.
CHF.flOKEE NAMES.
Chuliod, (ScnH
Old Turkey (Seall
T*,car,sut,tah, (Seal)
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