Cherokee Phoenix

PROTEST

Published July, 1, 1829

Page 2 Column 1b

PROTEST.

Of the Cherokee Agent against the running of the line, claimed by Georgia, as the true one between the Creeks and Cherokees.

Col. S. A. Wales;

SIR-- As the United States Agent for the Cherokees, and in accordance with the wishes of that tribe of Indians, I deem it to be my duty, to protest against your running any lines, or marking any trees, through, or on the Cherokee lands, and particularly, a line from Suwanna on the Chatahoochie, to the Sixes, on the Hightower, which it seems, is intended to designate a boundary line between them and the Creek Indians.

1st. Because the Cherokees, positively and unequivocally, deny that any such boundary at that place ever did exist between them.

2nd. Because the evidence taken by Georgia, in support of such claim, was entirely ex parte, and no opportunity given them to refute or explain away the testimony which was taken.

3rd. Because the dividing line between the Cherokees and Creeks was definitely settled, and the line run between them several years before the Treaty of Indians Springs, under which the State of Georgia claims: see a conference on the subject, between them on the 9th of August, 1814, and the final adjustment of that questions on the 13(?)th December, 1821, both of which conferences the Cherokees, (?) was reported to the United States Government, and the line so (?) between them recognized and acknowledged by the United States, in the treaty at Washington, on the 24th (?)Jan. 1828 (?).

4th. Because it is believed to be the province of the General Government, (and so provided by the laws of intercourse,) to run all Indian boundary lines, claimed by her under treaties, and not left to individual States, ' especially, one which is interested, as is Georgia, in the present case.

And, lastly, because I fear, should that line be run, it would encourage and occasion a great number of white families to rush into, and settle on the lands embraced within those lines, to the great annoyance, distress and ruin of the poor, helpless and inoffensive Cherokees, who inhabit them. For the reasons above states, I do, most sincerely and solemnly, protest against the running of the above line, until the pleasure of the United States is known on the subject.

I have the honor to be your ob't, servant,

H. MONTGOMERY.

13th May, 1829.