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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. apse WBW EOHOTA, W£SK BSD AT ITOVEMBEB. XX, I8S4B, HO. Bl. PRINTED WEIUT HI JOHN V. WHEELER, At 92 50 if paid in advance, *8 in six jpaontha, or $3 50 if paid at the end of th« ; y«ar. _ To smbscriber# who e*n read only the Ch ■i okeel»Bga»|e the price »fill be $2,00 in adttov, or WJOte Wpiid Within the year. Every subscription will be considered as continued unless subscribers give notice to Ihe contrary before the commencement of a j>ew year,and all arrearages paid. Any person procuring six subscribers, And becoming responsible for the payment, ,«hall receive a seventh gratis. t Advertisements will be inserted at seven* tv-five cents per square for the first inser tion, ant 7 thirty-seven and a half cents for ffarh continuance; longer ones in propor tion. ItXAll letters addressed to the Editor, post paid, will receive due attention. O VV y J 4AVO-A A T> Mi JE(i64, t?eALIi»a TAAJ" V*V* JhtfBAa D4olM- B®VXE AhVhAAy KT.l D^P 0“8JB^ TCFZ TEiSJO-J® D0J*(»I-i»J. jperz t*w> t>ao-a tb Dej£<$i»ca.i, kt WBJBA. JpOAJl. D9-L&AEZ TB YW O-WIT D*P 0»®JBA iawyz o><i,n Ai\<aua®y, wpw di-r pieiBA p»4Bir», tctz TEUJtwr’De - KTAZ D$P ««y-V* VSAB' vJr DeJA&b'tXA. .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) «£See 4th page,}