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CHEROKEE PHOENIX AND INDIANS’ ADVOCATE, Walkiug Stick, (Seal; Tho». Woodard. (Seal) Ta,car,sen,na, (Seal) Will Interpreter, (Seal) The Boot, (Seal) Small Wood. (Seal) hia 'Approved:~PAT H X KILLER, mark. CREEK NAMES. fclea. Win. Mc’tnttfth* (Seal) Es ,tun,e,t«4,tun,e,gee, (Seal) Ta,us,he,hou,lock, (Seal) Cau,chau,tus,tun,e,gee* (Seal) Tuakiohou, (Seal) Tus,tin,e,gee, (Seal) Na,han,lockopy, (Seal) Chau,the,ae,tua,tin,e,gee, (Seal) Is,po,go,mico, (Seal) Pick, Interpreter, (Seal) Ha,be,he,lus,tin,ne,gee, (Seal) Tus,ten,ne»cho,boy, (Seal) Ha,boy,e,hau,gee } (Seal) Tus,ke,he,now, (Seal) John Stedhouae, (Seal) William Hambly, (Seal) his BigX Warrior, (Seal) ... mark. *WltNESSES. > Major Ridge, Pan’I. Griffin. A- M’COY, Clerk N, CortJ •JOS EPH VANN, Clerk to the com missioners. . Be it Remembered, This day, that I have approved of the treaty of boun dary, concluded on by the Cherokees, east of the Mississippi, and the Creek nation of Indians, on the eleventh day of December, 1821, and with the modifications proposed by the com mittee and council, on the 28th da)r of March in the current year. Giv en under my hand and seal at Fort Ville, this 16th day of May, IS AS. m. R. HICKS, (Seal) Witness, LEONARD HICKS. Whdreas, the treaty concluded be tween the Cherokees and Creeks, by commissioners duly authorized by the chiefs of their respective nations, at [Senegal WilliamMTntosh’s on the e- leventh day of December, (A. D.) >ne thousand eight hundred and twen ty two establishing the boundary be tween the two nations, has this day beeii laid before the members of the national committee, by the head ohiefs and members of count::! of the Cherokee nation, and Saffiuel Hawk ins, Sah-naw-wee, Ninne-ho-mot-tee and In-des-le>af-kee chiefs, duly ap pointed and authorised by the head chiefs of the Creek nation, for a friendly explanation and full under- Itanding of the constructions to be placed on the different articles con tained in the aforesaid treaty, ami io make such alterations as may be con ceived necessary for the peace and harmony and friendship- existing be tween the two nations; therefore. We the undersigned, in behalf of our re spective nations. do hereby enter into the following agreement; viz: The first Article of the aforesaid treaty, establishing the boundary be tween the two nations frbm Buzzard Roost, on the Chattahoochee river, in a direct line to Coosa river, oppo site to the mouth of Will s creek, thence down said river opposite to Fort Strother, is hereby acknowledg ed and shall forever be permanent.^ The 2d and 3d articles, making f irovision for the • citizens of both na- ions who mdy fall within the limits of the other, after running the line, to become subjects thereof shall not be construed so as to compel the in dividuals falling within the limits of the other to become subjects of that nation, but it shall be left entirely to their own choice. The 4th and 5th articles providing for the chiefs of both nations who may Xall within the limits of the other, and choose to become subjects thereof, shall not be construed so as to compel either nation to keep such chief or chiefs in the authorities of their re spective councils, but the two nations shall exercise- their own au thorities in the selection and appoint ments of their own chiefs. The 6th and 7th articles are here by repealed and made void, and the following agreement substituted; viz: In case a citizen or citizens of either nation, committing murder in their own nation, and escaping to the nation of the other party for refuge and the chiefs of the nation from whence the murderer or muiderers so absconded should, in their council Issne * proclamation offering a reward fpt the jipprehei»iMM>f such murder er or murderers, the chiefs of the con tracting nations agree to use every measure in their pow er to have the offender or offenders apprehended and delivered over to the chiefs of the na tion from whence such murderer or murderers may have escaped. The 8th and 9th artiejes, so far as relates to crossing the line and com mitting murder on the subjects of tile other, is approved and adopted; but respecting thefts, it is hereby agreed that the following rule be substituted, and adopted; viz. Should the sub jects of either nation go over the line and commit theft, and he, she or they be apprehended, they shall be tried and dealt with as the laws of that na tion directs, but should the person or persons so offending, make their es cape and return to his, her or their nation, then, the person or persons so aggrieved, shall make application to the proper authorities of the nation for redress, and justice shall be ren dered as far as practicable; agreea bly to proof and law, but in no case shall either nation be accounta ble. The 10th article is approved and adopted and all claims for theft, con sidered closed by the treaty as stipu lated in that article. The Uth article is approved and adopted, and it is agreed further, the contracting nations will extend their respective laws with equal justice to wards the citizens of the other in re gard to collecting debts due by the individuals of their nation to those of the other. The 12th article is fully approved and confirmed. We do hereby fur ther agree to allow those individuals who have fallen within the limits of the other, twelve months from the date hereof, to determine whether they will remove into their respective na tion; and it is also agreed, that in case the citizens of either nation, w'ho may choose to remove into the nation of the other and become sub jects thereof, such person or persons shall be required to produce testimo nials of their good character from the councils of their respective nations and present the same before the coun cils of the other nation; and should the chiefs thereof then think proper to receive and admit them, it may so be done. In behalf of our respective nations, We do hereby adopt the above modifi cations and explanations of the sever al articles of the treaty establishing the boundary line between the two nations, and also, the additional a- greement now made, shall hcreatter be considered the basis on which our respective citizens shall be governed. In w’itnesse whereof we have here unto set our hands and seals, this 30th day of October, 1823. JNO. ROSS, Pres’t Nat. Com. Geo. Lowrey, Richard Taylor* Tho s. Foreman, Tlio’s Petitt, The Hair, John Baldridge, Sleeping Rabbit, John Downing, Kelechulah, Cabnin Smith, Chu-w'a-loo-kee, John Beamer. his Approved—FATH x KILLER; mark. Going Snake, Chickesawtee, MAJOR RIDGE, Speak. N. Coun. Creek Commissioners. Sami. Hawkins, ln-de-le-af-kee K Sah-now-wee, Nin-ne-ho-mot-tec, ELIJAH HICKS, Clerk N. Coun. A£ M’COY, Clerk N. Com. [C. no. 6.] Extract of a communication con* taining propositions made by com missioners of the United States to the Cherokee nation in General Council, dated 25th October, 1823, to wit: “The United States proposes to purchase of the Cherokee nation, their claim to all the- land east and north of the following boundaries:— Beginning at a marked corner, at the head of Chestatee; thence down the Etowah river, to the line which is to be run between Alabama and Geor gia; thence, with said line, to the dividing line between the Creeks and Chorokees; thence with said line to the Chattaboochy. In consideration of said cession, the United States will pay to the Cherokee nation the sum of two hundred thousand dollars, in suitable installments, and will also indemnify the nation against the Georgia claims; and as a gratuity to the nation, the commissioners will pay into their treasury, at this time, for the use of the Nation, the fur* ther sum of ten thousand dollars.” Signed, DUNCAN G. CAMPBELL, JAMES MERRIWETHER, United States' Commissioners. [NO. 7.] Extract of J, C. Calhoun Secreta ry of War’s report to the President and presented before Congress, dat ed 24th March 1824, in reference to the negotiation of the treaty bf 1819. He says: “With the view of throwing the land to be ceded within the limits of Georgia, and to separate the Creek find Cherokee nations, the Govern nlent proposed, that all the lands ly ing south and east of Etowah, one bf the main branches of the Coosa river, should be ceded by the Cherokees; but, it was found impossible to induce the delegation to yield to that propo sition, or to any other, more favora ble to Georgia, than that which was adopted.” [D. no. 8.) Extract of the exposition of the United States commissioners, in rela tion to the treaty concluded by them with Mintosh and his party at the Indian Springs—dated November 12th 1825—To Wit: “The entire territory occupied by the Creeks is divided into 4 original or mother towns; these are variously sub divided into villages. A village rep resentation is not requisite, or ever regarded in the formation of an Indian Council. The actual representation from the original towns, and the actual extent of Territory which they occupied, formed our criterion whilst negotiat ing, and we shall pursue the same criterion for the purposes of the pres ent inquiry. The lour original Towns are, Cowetah, Cussetah, Oswechee and Tookaubatchte. Cowetah com mences on the Chatahoochy river, be low Broken Arrow, runs several miles west towards the Alabama settle- tnents, thence Northwardly, to the Cherokeee line, and, with that line, to Sand town on the Chatahoochy. Thus much Cowetah includes “on the West of that river, and a portion w hereof is within the Alabama lim its.” [no. 9.] Ciierokee Agency, ( 22d April 182b. ) Sir—By the yesterday’s mail i re ceived a letter from his Excellency Governor Trobp, informing me that it will be necessary for hint, in obe dience to the repeated injunctions ol the Legislature of Georgia, to run the dividing line betvveen that State, audthe State of Alabama in the course of the present summer— and also the line between the Clie;o- kees and the Creeks—The lust of which he supposes will be a mutter of indifference to the Cherokees, be cause, the line passing thiough their Territory can take nothing Irom tlu-m —but is a measure absolutely neces sary to establish definitely the boun dary between the two States, and which cannot be accurately ascer tained at any one place but by tracing and retracing the whole extent from the big bend on the Chatahoochie river to Nicojack—The line between the Cherokees and Creeks, (at least so far as it is bound by the late treaty with the Creeks) it is become abso lutely necessary to retrace, and plain ly mark, in order to prevent survey ors and settlers from making inroads on the rights of the Cherokees, he desires me to say to the Cherokees, that in order to see that no departure is made from the true course of said line or encroachments on their rights (as secured to them by treaty) in the running and marking of said line— that a deputation of the Cherokees are invited to be present at the run ning of it (or both if they choose) and desires to know their determination on the subject as soon as convenient— I sec by the public papers that the Legislature of the State of Alabama have instructed their Governor to ap point commissioners to attend the run ning of the line between the two States and although, Governor Troup does not mention the time w hen the running of either of those lines will commence, yet I apprehend that whenever the Cherokees will signify their intention to attend 1 due notice will be given of the time and place of meeting and commencement*. - I With sentiments of respect ami [Esteem your friend - . Signed, H. MONTGOMERY. Mr. Charles Hicks, Head Chief of the Cherokee Nation. j P. S. If it would be convenient for you to answer this letter, by some oi those persons who will meet me at Judge Martin’s on the 17th of May it would be very abceplable. 1 J H. M. A copy in reply. FortvIlle May 16th 1826. Sir—Your letter pf the 22d ult has been duly received and hatfc given a due consideration to the sub ject, and in answer must observe, as bis Excellency Governor Troup have not definitely appointed the time, when the running of the line will com mence on the divisional boundary be tween the States of Georgia and Ala bama, at the Big Bendiif the Chata hoochy river, to the bpundary line be tween the Cherokeps and Creeks, which will remain without making any arrangement, until I am apprized of the time when it is to begin at the Chatahoochy, and the subject will then be takeu up for appointing some person or persons to attend to the re tracing the boundary line to the Buz zard roost on the Chalahoodhy river irom where the charter limits shall intersect our boundary, but as to the extension of the chartered limits of that State to the Tennessee river at Nicojack, cannot be necessary, as the Cherokee nation still claim her rights of lands lying within her boundaries &c. &c. I am Sir, respectfully, your friend and Brother, CHARLES R. HICKS. Col. Hugh Montgomery Principal Chcrokeer Agent. [E.J Instructions for Col. Walter S. A- dair John Beamer and Elijah Hicks, as commissioners on tho part of the Cherokee nation to act, and attend with the commi8sioBers<of tho United States in retracing the boundary line between this nation and the creek na tion; so far as they have made the cession of their lands to the United Stales by the late treaty concluded at Washington city in January last 1826. Beginning at a point at the Buzzard roost west of the Chatahoochy river, thence running forty five miles west, bounded by the aforesaid boapdaiy line between the said Cherokees and Creek nations, & in case this forty-five miles should intersect the boundary between Alabama and Georgia in less tliati the number of qiiles stated in the treaty, which borders on our line; then in that case you are not to go a- ny further, otherwise you are lo at tend to the end of the foity five miles running along our boundary. You are to keep a journal in retracing the aforesaid boundary line by obtaining the filled notes of the surveyor or by noticing the numbers of the outs by the chain carriers from the place of beginning at Buzzard roost to ally creeks or good running streams to a- nother to the place of ending at forty five miles point if extended that (hr and to make your report to this De partment that your proceedings may be laid before the next General Council, and in case the Commission ers of the United Stfetts insist on you to accompany them for the purpose of running a line between Georgia and Alabama across our boundary to Nicojack you are requested to, en ter a protest against such extension, in as much as it would be infringing upon the lights of the Cherokee na tion under existing treaties with the United States that have solemnly guaranteed the lands within the ac knowledged limits of the nation, and the Nation have at no time, promised to relinquish her rights to the United States or to any individual States, af ter this protest you are to return home. Your pay at commissioners will commence on the day of your leaving your respective homes, at three dol lars and fifty cents per day. You are te keep a record in your journal of the time in service which will be paid you when the General Council is convened at New Echota. Given under toy hand and seal at Fortville this 22d. day of June 1826. Test CH. R. HICKS. (Seal) Leon’d Hicks. [F.] Echota,Cherokee Nation, ) 13th Oct. 1826. \ Mr, C. R. Hicks, .• Principal chief. and TreaiOrJirof the Cherokee Nafrdn, rife* mmMig We as commissioners ujipjiiu. a by the Cherokee Nation to act and to at tend with the commissioners of the United States, in retracing the boups ‘ary line between this nation and the Creek nation, so far as they did make -he cession of their lands to the U.. States by the late treaty concluded at iVashington City in January last, do make the following report: We received due notice from the United States commissioners to at tend about the 1st. of September lasC —and, in obedience to their notice ive attended at the Buzzard roost west of the Chaitahooehy on the 29tB. .f August, .and ren&'alned there Until he 10th of September and m$t the commissioners on their way from run ning and measuring the line down the Chatahoochy, and on the 14th met I hem at the point,of starting—cotri* menced the survey and-completed on ■ he 23d, and you will receive a map ;>f the survey run exactly on thp marked line between us and the Creeks, as represented in the treaty concluded between the Cherokee nation and the Creek nation at Gen eral William Mintosh’s in the Creek nation on the 11th day of December 1821, and in obedience to our instruo lions you will see on the map the course of the. above mentioned line, and the distances from the beginning to any creek or good'running stream' to the place of ending. We are your most obedient an£ humble servants. W. S ADAIR, his JOHN x BEAMED mark. NOTICE. W ILL be sold to the highest bidder on the 1st day of December next, at the late residence of James Pettit r.eajj Conasauga, between sixty and seventy a*--, cresof CORBT as it stands in the field, and from six to sevv en hundred bushels of Corn in the crib, anal, twenty five stacks of FODDER. ALSO, on the 9d of December, at the, house of Edward Adair, seventeen head of” CATTLE, and one likely negro man)* named . property will be sold unless ng? deemed. JOSEPH LYNCH, Marshal. Nov. 4, 18*9. 30 tds. INFORMATION WANTED. " . T HE Subscriber living at the Head of ' Coosa, Cherokee Nation, wic-hes to . know where a pertain young man now sea sides by the name bf JOHN H. GIBBS, . by occupation a Printer, Whoafpw months since came from McMinn cbjirtiy, East, Tennessee, and got employment in the ofa* fice of the Cherokee Pncenix, at New E* chota for a short time; he was discontinued* from that office in the latter part of the summer, and has remained in the neigh borhood of Ooukillogee, near that place^ until a few wefcks ago, when he stariso from that place in company with a gentle*, ig to Ms aeon, Georgia. iff man who Was I am informed By that gentleman, that saU Gibbs went on to Macon with him and left him at that place about the 24th or 25th August and Started for Milledgevillc Georgia, to seek employment during the sitting of the Legislature. If he should be at that place or any part of the State, I B * ould take it as a favor if some friend (ttf onesty and fair dealings) would let me know by mail; as said Gibbs has gone off and has neglected to pay his book account with me,—the account tie owes me is nof much—but information respecting him would no doubt benefit some of his other creditors—Mr. Gibbs is rather inclined to low built, about five feet three or four inj> cbes high, dark hair, tolerably free spoken ' and has a blemish in one of his Eyes, which prevents him from seeing much out of it. It has become too common these hard times for those Broad-cloth-coat gen# tlemen, if I may style them such, to makb accounts ;n stores & move to another seas tion. They deserve the fibtics' Of public prints as much as high-way robbers, as' they are always on the lookout and ready 1 ty practice fraud on the public at large^, ana they cannot be considered otherwuet. than Swindlers. . GEO. M. LAVENDER. October 28tA, 1829. 99.—tf., '' t&tv. ihTT? R EMAINING in the Post Offiee af New Echota, Oct. 1, 1889. Walter S. Adair, Esqr; Andrew AgnejK Jeseph Crutchfield; John Davis; ReW Francis Eder, 2; Lydia Grayson; Elijah Hicks, Esqr. George Laman; Richard Rush, 6. S. A. WORCESTER, P. M. Oct, at, i8g9. ah j> OF THE NATlftft FOR SALE HERE,