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Cherokee Phoenix and Indians' Advocate
Wednesday, November 11, 1829
Vol. II, no. 31
Page 1, col. 1b-5b and Page 4, col. 1a-5a

INDIANS.

DOCUMENTS
 RELATING TO THE BOUNDARY LINE BETWEEN THE CHEROKEES AND
   CREEKS.

In Executive Council.
NEW ECHOTA, CHEROKEE NATION
       October 28th, 1829

Col. H. Montgomery, U. S. 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 to the boundary line between the Cherokee, and Creek Nations.  I have taken extracts from sundry official documents which have come to my notice, and I transmit them herewith, for the information and consideration of the War Department.

 Document A. No. 1, shows that the United States and the Creek Nation by the Treaty entered into at Fort Jackson, on the 9th day of August 1814, have acknowledged, and declared that the south boundary line of the Cherokee Nation crosses the Coosa River; and by referring to No. 2, it will be clearly seen that the United States in treaty with the Cherokee Nation made at Washington City, on the 22d day 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 shows that the Cherokee Nation ceded to the United States, by treaty made at the Cherokee Agency on the 8th day of July 1817, lands east of the Chattahoochee River, "Beginning at the high shoals of the Appalachie River, and running thence along the boundary line between the Creek and Cherokee Nation westwardly to the Chatahoochee River, thence up the Chatahoochee River, &c.  Thus it will be seen that so far as the United States become an interested party in the boundary line between the Cherokee and Creek Nations, east of the Chatahoochee, and west of the Coosa Rivers, they have fully acknowledged as clearly established it by the treaties herein referred to, and it only remained then for the Cherokee and Creek Nations to define, establish and run out the line between the two nations from the Chatahoochee River to the Coosa Rivers; & No. 4 shews [sic] that the United States Government through J. C. Calhoun, then Secretary of War in his instruction to the United States commissioners who were appointed to negotiate a treaty with the Creek Nation, dated 8th August, 1829, recognized the lands south of the Etowah and Coosa Rivers, to a certain imaginary line, to be the property of the Cherokee Nation.

 Document B. No. 5, exhibits a treaty of boundary entered into between the Cherokee and Creek Nations definitively establishing, running and marking our the boundary line between the two nations, dated 11th December 1822.

 Document C. No. 6, shews [sic] that the United States through their commissioners on the 25th day of October, 1823, recognized the boundary as established between the two nations, and proposed to treat with the Cherokee Nation for all their lands lying within the chartered limits of Georgia, north of that boundary line, and south of the Etowah and Coosa Rivers.  No. 7 shews [sic] that Jno. C. Calhoun, Secretary of War, in his report on the 24th day of October, 1824, again admits that the Government in 1819, and previous to the running out the boundary line between the two nations, recognized the lands south of the Etowah and Coosa Rivers and the property of the Cherokee Nation.

 Doc. D No. 8, exhibits the exposition of the United States' commissioners who negotiated the Treaty of the Indian Springs with McIntosh and his party, shewing [sic] that they have fully recognized the boundary line between the two nations as run and marked out, from the Chatahoochee River at Buzzard Roost, near Sand Town, and that the lands claimed, occupied and ceded by the Creeks in that treaty, lay south of and is bounded by said line; and by the treaty entered into between the United States and the Creek Nation at Washington City, in the year 1826, the 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 and Creek nations is especially, and fully recognized and acknowledged-"beginning at the Buzzard Roost on the Chatahoochee river," &c. &c.  No. 9, exhibits a letter from Col. H. Montgomery, United States Agent for the Cherokee nation, to Charles R. Hicks, Principal Chief of said nation under the direction of Governor Troup of Georgia, notifying the nation to appoint commissioners on their part to attend the United States commissioners and surveyor in retracing the Cherokee boundary line with the Creeks agreeably to the aforesaid treaty, and Mr. Hicks' reply thereto annexed.

 Document E, exhibits a letter of instructions to the Commissioners appointed by Charles R. Hicks 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 retracing 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 the report of the Cherokee commissioners of their proceedings, together with a plot of the survey made by the United States Surveyor.

 I presume that the United States Commissioner, Mr. Bright of Tennessee, who was instructed to survey the boundary, has also made a report to the General Government of his proceedings accordingly.

 It is believed that upon examination a letter will be found in your office from the late Charles Hicks, Principal Chief, to Return J., Meigs, then United States Agent for this nation, enclosing a copy of the treaty of boundary between the Cherokee and Creek nations, requesting that it be transmitted and reported to the War Department; 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 others on the subject in your office and possession, I trust you have already collected, and communicated to the Hon. Secretary of War in compliance with his instructions to you.  It is an incontrovertible fact, that the lands now claimed by Georgia as having been purchased from the Creeks have always been in the peaceful possession of the Cherokees as their soil- and that the Creeks have never occupied nor owned them, nor have they ever ceded them to the United States in any of their treaties- and that no other boundary line has ever been run and marked out between the two nations, previous to the one established from the Buzzard Roost on the Chatahoochee River to the Coosa River, thence down the same to the lower end of the Ten Islands,- and that previous to the definitive establishment of this boundary line, the Cherokee nation claimed lands south of said line, and that the boundary as established has been agreed to on the part of the Cherokee nation s a concession, from motives of reconciliation, as well as from an anxious desire to have the subject definitively closed.

 The claim set up by the state of Georgia, within the new line run under her authority, is altogether presumed, and without a shadow of documentary evidence; on the contrary, ours is established by the most sacred of all obligations, our treaties, &c. with the General Government at different periods.  It is the established doctrine of all nations, that whenever a difficulty arises in relation to boundaries 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 allowed indirectly to be taken by the citizens of Georgia, and the right determined at an after period.  We strongly remonstrate against this course of adjusting our difference, inasmuch as it is calculated to encourage the base and lawless border-citizens to intrude upon our rights to the soil, &c.  The Secretary of War's late instructions to you is calculated to encourage a further intrusion of the whites, and unless prompt and energetic measures be not immediately adopted, there is not the least doubt but several hundred families will remove over, and take possession of the territory of the Cherokees before many months.

 You will please to advise me for the information of the General Council whether you have reported to the Government, and also the import of the same, likewise if you have received any further instructions from the Secretary of War respecting removing the intruders.

 There is another class of intruders removing in possession of the improvements abandoned by the emigrants under 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 approbated by you, and the grounds upon which they are allowed to do so if sanctioned.  For the information of the General Council you will please furnish a list of the names of all those persons who have enrolled themselves as emigrants for Arkansas.  It is hoped that you will not consider this application as unreasonable, when you reflect that it concerns the deep interest of the nation; and the only motive in view is to detect any fraud or imposition that may be attempted to be palmed on the General Government as well as the nation, by persons enrolling themselves who are not entitled to the rights of citizenship in this nation.

 I am sir, very respectfully, your obedient servant,

        JNO, ROSS.

__________

[A. NO. 1]

 Extract from the 1st Article of the treaty entered into between Major Gen. Andrew Jackson, and the Chiefs deputies and Warriors of the Creek nation, at Fort Jackson, on the 9th day of August, 1814, respecting the cession therein made-to wit:

 "Beginning at a point on the eastern bank of the Coosa river, where the 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 River, and which were ceded to the United States by the treaty held at Fort Jackson, 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 on the part of the Cherokee nation to the lands south of the Big Bend on the Tennessee 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 Stone; 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 Ten Islands in said river, and above Fort Strother; directly to the Flat Rock or Stone, on Bear Creek ( a branch of the Tennessee River;) which line shall be established as the boundary of the lands ceded by the Creek nation to the United States by the treaty held at Fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen, and of the lands claimed by the Cherokee nation lying west of the Coosa and south of the Tennessee Rivers."

[ NO. 3]

 Extract of the 1st article of a treaty between the Cherokee nation and the United States, entered into at the Cherokee Agency on the 8th day of July 1817, respecting a cession therein made-to wit:

 "Beginning at the high shoals of the Appalatchy [sic] River, and running thence, along the boundary line between the Creek and Cherokee nations, westwardly to the Chatahoochy [sic] River; thence up the Chatahoochy River," &c.

  [NO. 4]

 Extract of the instructions given by the Hon. John C. Calhoun, Secretary of War, to the Commissioners who negotiated the treaty of the Indian Springs, on the 8th day of January, 1821, dated August 8th 1820- to wit:

 "On consulting with the members from Georgia, I am of the impression that a cession from the Creeks of the northern position of their territory, so as to admit of a white population between them and the Cherokees, would be preferred, which you will accordingly first proposed and urge on them. In the event of their agreeing to such a proposition, it may be proper to observe that there is some uncertainty as to the true line between the Creeks and the Cherokees; and that after investigating the subject two years, in the presence of a delegation from both nations, it is believed that the claims of the Creeks do not justly extend north of a line drawn due west from the high shoals of the Appalachee [sic]"

_______________

[B. NO. 5]

 Creek nation, at Gen. William NcIntoshes [sic], in council between the Creeks and Cherokees have this day made a Treaty about their boundary line; viz:

 Art. 1st.  A line we do hereby acknowledge shall be run from the Buzzard Roost, on the Chattahoochee River, direct line so as to strike the Coosa River, opposite the mouth of Will's Creek, thence down the bank of said river opposite to Fort Strother, on said river; all north of said line is the Cherokee lands, all south of said line is the Creek lands.

 Art. 2d. WE, THE COMMISSIONERS, so further agree that all the Creeks that are north of the said line above mentioned, shall become subjects to the Cherokee nation.

 Art. 3d. All Cherokees that are south of the said line shall become subjects of the Creek nation.

 Art. 4th.  If any chief or chiefs of the Cherokees, should fall within the Creek nation, such chief shall be continued as chief of said nation.

 Art. 5th.  If any chief or chiefs of the Creeks, should fall within the Cherokees, that is, north of said line, they shall be continued as a chief of said nation.

 Art. 6th.  If any subject of the Cherokee nation, should commit murder and run into the Creek nation, the Cherokees will make application to the Creeks to have the murderer killed, and when done, the Cherokee nation will give the man who killed the murderer, $200.

 Art. 7th.  If any subject of the Creek nation, should commit murder and run to the Cherokees, the Creeks will make application to the Cherokees to have the murderer killed, and when done the Creek nation will give the man who killed the murderer $200.

 Art. 8th.  If any Cherokees, should come over the line and commit murder or theft on the Creeks, the Creeks will make a demand of the Cherokees for satisfaction.

 Art. 9th.  If any Creeks should come over the line and commit murder or theft on the Cherokees, the Cherokees will make a demand of the Creeks for satisfaction.

 Art. 10th.  All claims of theft from the time of the meeting held at Hickory ground, Coosa River, near Fort Jackson, with the Four Nations at the time Bools was taken up to this date, it is agreed by the commissioners of both nations that they shall be foreclosed by this treaty.

 Art. 11th.  All individual debts the creditors will look to their debtors.

 Art. 12th.  The Commissioners of both nations do agree the lines described in the foregoing treaty, shall be ratified when the heads of both nations sign the treaty.

 WE THE COMMISSIONERS, do hereby set our hands and seals this eleventh day of December, 1821.

 The above treaty of boundary run by Gen. Wm. Mc'Intosh and Samuel Hawkins, commissioners duly authorized by their nation, and Thomas Pettit, and John Beamer, authorized commissioners of the Cherokee nation, is forever hereafter acknowledged by both nations to be permanent.

      CHEROKEE NAMES.

      Chuliod,    (Seal)
      Old Turkey   (Seal)
      Ta,car,sut,tab (Seal)
[See 4th page]
(Page 4)
      Walking Stick, (Seal)
      Thos. Woodard  (Seal)
      Ta, car, sen,na (Seal)
      Will Interpreter, (Seal)
      The Boot,        (Seal)
   his   Small Wood,      (Seal)
Approved:- PATH  X  KILLER,
               mark.

CREEK NAMES.

 Gen. Wm. McIntosh,  (Seal)
 Es,tun,e,tus,tun,e,gee, (Seal)
 Ts,us,he,hou,lock       (Seal)
 Cau,Chau,tus,tun,e,gee,  (Seal)
 Tuskinhou,               (Seal)
 Tus,tin,e,gee,           (Seal)
 Na,han,lockopy           (Seal)
 Chau,the,se,tus,tin,e,gee, (Seal)
 Is,po,go,mico,            (Seal)
 Dick 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 Stedhouse            (Seal)
 William Hambly            (Seal)
        his
 Big  X  Warrior,          (Seal)
        mark.

WITNESSES.

 Major Ridge,
 Dan'l Griffin.
A. M'COY, Clerk N. Com.
JOSEPH VANN, clerk to the commissioners.

 Be it Remembered,  This day, that I have approved of the treaty of boundary, 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 committee and council, on the 28th day of March in the current year.  Given under my hand and seal at Fortville, this 16th day of May, 1822.
CH. R. HICKS,     (Seal)
Witness,            LEONARD HICKS.
________________
 Whereas, the treaty concluded between the Cherokees and Creeks, by commissioners duly authorized by the chiefs of their respective nations, at General William M'Intosh's on the eleventh day of December, (A.D.) one thousand eight hundred and twenty-two establishing the boundary between the two nations, has this day been laid before the members of the national committee, by the head chiefs and members of council of the Cherokee nation, and Samuel Hawkins, Sah-naw-wee, Ninne-ho-mot-tee and In-des-le-af-kee chiefs, duly appointed and authorized by the head chiefs of the Creek nation, for a friendly explanation and full understanding of the constructions to be placed on the different articles contained in the aforesaid treaty, and to make such alterations as may be conceived necessary for the peace and harmony and friendship existing between the two nations; therefore, We the undersigned, in behalf of our respective nations, do hereby enter into the following agreement; viz:

 The first Article of the aforesaid treaty, establishing the boundary between the two nations from Buzzard Roost, on the Chattahoochee River, in a direct line to Coosa River, opposite to the mouth of Will's Creek, thence down said river opposite to Fort Strother, is hereby acknowledged and shall forever be permanent.

 The 2d and 3d articles, making provision for the citizens of both nations, who may fall within the limits of the other, after running the line, to become subjects thereof shall not be construed so as to compel the individuals 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 fall 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 respective councils, but the two nations shall exercise their own authorities in the selection and appointments of their own chiefs.

 The 6th and 7th articles are hereby 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 murderers so absconded should, in their council issue a proclamation offering a reward for the apprehension of such murderer or murderers, the chiefs of the contracting nations agree to use every measure in their power to have the offender or offenders apprehended and delivered over to the chiefs of the nation from whence such murderer or murderers may have escaped.

 The 8th and 9th articles, so far as relates to crossing the line and committing murder on the subjects of the other, is approved and adopted; but respecting thefts, it is hereby agreed that the following rule be substituted, and adopted; viz: Should the subjects 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 nation directs, but should the person or persons so offending, make their escape 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 rendered as far as practicable; agreeably to proof and law, but in no case shall either nation be accountable.

 The 10th article is approved and adopted and all claims for theft, considered closed by the treaty as stipulated in that article.

 The 11th article is approved and adopted, and it is agreed further, the contracting nations will extend their respective laws with equal justice towards the citizens of the other in regard 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 further 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 nation; and it is also agreed, that in case the citizens of either nation, who may choose to remove into the nation of the other and become subjects thereof, such person or persons shall be required to produce testimonials of their good character from the councils of their respective nations and present the same before the councils 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 modifications and explanations of the several articles of the treaty establishing the boundary line between the two nations, and also, the additional agreement now made, shall hereafter be considered the basis on which our respective citizens shall be governed.  In witness whereof we have hereunto set our hands and seals, this 30th day of October, 1823.
  JNO. ROSS, Pres't Nat. Com.
    Geo. Lowrey,
    Richard Taylor,
    Tho's. Foreman,
    Tho's. Petitt,
    The Hair,
    John Baldridge,
    Sleeping Rabbit,
    John Downing,
    Kelechulah,
    Cabbin Smith,
    Chu-wa-loo-kee,
    John Beamer.
              his
Approved- PATH  X  KILLER.
              mark.
    Going Snake,
    Chickesawtee,
MAJOR RIDGE, Speak. N. Coun.

CREEK COMMISSIONERS.
    Sam'l Hawkins,
    In-de-le-af-kee,
    Sah,now,wee,
    Nin-ne-ho-mot-tee,
ELIJAH HICKS, Clerk N. Coun.
A. M'COY, Clerk N. Com.
________________

 Extract of a communication containing propositions made by commissioners 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 Georgia; thence with said line, to the dividing line between the Creeks and Cherokees; thence with said line to the Chattahoochy [sic].  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 further sum of ten thousand dollars."
Signed, DUNCAN G. CAMPBELL,
    JAMES MERRIWETHER,
    United States' Commissioners.

[No. 7.]
 Extract of J. C. Calhoun Secretary of War's report to the President and presented before Congress, dated 24th March 1824, in reference to the negotiation of the treaty of 1819.  He says:

 "With the view of throwing the land to be ceded within the limits of Georgia, and to separate the Creek and Cherokee nations, the Government proposed, that all the lands lying south and east of Etowah, one of 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 proposition, or to any other, more favorable to Georgia, than that which was adopted."
_________________

[D. NO. 8.]
 Extract of the exposition of the United States commissioners, in relation to the treaty concluded by them with M'Intosh and his party at the Indian Springs-dated November 12, 1825-To Wit:
 "The entire territory occupied by the Creeks is divided into 4 original or mother towns; these are variously subdivided into villages. A village representation 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 negotiating, and we shall pursue the same criterion for the purposes of the present inquiry.  The four original Towns are, Cowetah, Cussetah, Oswechee and Tookaubatchee.  Cowetah commences on the Chatahoochy River, below Broken Arrow, runs several miles west towards the Alabama settlements, thence Northwardly, to the Cherokee line, and, with that line, to Sand Town on the Chatahoochy.  Thus much Cowetah included "on the West of that river, and a portion whereof is within the Alabama limits."

[NO. 9.]
CHEROKEE AGENCY,
22d April 1826

SIR- By the yesterday's mail I received a letter from his Excellency Governor Troup, informing me that it will be necessary for him, in obedience to the repeated injunctions of the Legislature of Georgia, to run the dividing line between that State, and the State of Alabama in the course of the present summer- and also the line between the Cherokees and Creeks- The first of which he, supposes will be a matter of indifference to the Cherokees, because, the line passing through their Territory can take nothing from them- but is a measure absolutely necessary to establish definitely the boundary between the two States, and which cannot be accurately ascertained at any one place but by tracing and retracing the whole extent from the Big Bend on the Chatahoochie [sic] 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 absolutely necessary to retrace, and plainly mark, in order to prevent surveyors 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 running of it (or both if they choose) and desires to know their determination on the subject as soon as convenient- I see by the public papers that the Legislature of the State of Alabama have instructed their Governor to appoint commissioners to attend the running of the line between the two States and although, Governor Troup, does not mention the time when the running of either of those lines will commence, yet I apprehend that whenever the Cherokees will signify their intention to attend, due notice will be given of the time and place of meeting and commencement.

 With sentiments of respect and Esteem your friend-
 Signed, H. MONTGOMERY.
Mr. CHARLES HICKS, Head Chief of the Cherokee Nation.
 P. S.  If it would be convenient for you to answer this letter, by some of those persons who will meet me at Judge Martin's on the 17th of May it would be very acceptable.
        H. M.

A copy in reply.
Fortville, May 15th 1826.
 SIR- Your letter of the 22d ult. has been duly received and have given a due consideration to the subject, and in answer must observe, as his Excellency Governor Troup have [sic] not definitely appointed, the time when the running of the line will commence on the divisional boundary between the States of Georgia and Alabama, at the Big Bend of the Chatahoochy River, to the boundary line between the Cherokees 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 taken up for appointing some person or persons to attend to the retracing the boundary line to the Buzzard Roost on the Chatahoochy River from where the charter limits shall intersect our boundary, but as to the extension of the chartered limits of the 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 Cherokee Agent.

[E]
 Instructions for Col. Walter S. Adair, John Beamer, and Elijah Hicks, as commissioners on the part of the Cherokee nation to act, and attend with the commissioners of the United States in retracing the boundary line between this nation and the Creek nation; so far as they have made the cession of their lands to the United States 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 boundary line between the said Cherokee and Creek nations, & in case this forty-five miles should intersect the boundary between Alabama and Georgia in less than the number of miles stated in the treaty, which borders on our line; then in that case you are not to go any further, otherwise you are to attend to the end of the forty five miles running along our boundary.

 You are to keep a journal in retracing the aforesaid boundary line by obtaining the filled notes the surveyor or by noticing the numbers of the outs by the chain carriers from the place of beginning at Buzzard Roost to any creeks or good running streams to another to the place of ending at forty five miles point if extended that far and make your report to this Department that your proceedings may be laid before the next General Council, and in case the Commissioners of the United States 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 enter a protest against each extension, in as much as it would be infringing upon the rights of the Cherokee nation under existing treaties with the United States that have solemnly guaranteed the lands within the acknowledged 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, after this protest you are to return home. Your pay as commissioners will commence on the day of your leaving your respective homes, at three dollars and fifty cents per day.  You are to 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 my 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 treasurer of the Cherokee Nation

 We as commissioners appointed by the Cherokee Nation to act and to attend with the commissioners of the United States, in retracing the boundary line between this nation and the Creek nation, so far as they did make the cession of their lands to the U. States by the late treaty concluded at Washington City in January last, do make the following report:

 We received due notice from the United States commissioners to attend about the 1st of September last-and, in obedience to their notice we attended at the Buzzard Roost west of the Chatahoochy on the 29th  of August, and remained there until the 10th of September, and met the commissioners on their way from running and measuring the line down the Chatahoochy, and on the 14th met them at the point of starting-commenced the survey and completed on the 23d, and you will receive a map of the survey run exactly on the marked line between us and the Creeks, as represented in the treaty concluded between the Cherokee nation and the Creek nation at General William M'Intosh's in the Creek nation on the 11th day of December 1821, and in obedience to our instructions 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 and humble servants.

        W. S. ADAIR,
                                              his
        JOHN    X   BEAMER.
                                               mark.