Cherokee Phoenix

May 13th, 1829

Published July, 1, 1829

Page 2 Column 2a

May 13th, 1829.

SIR -- Your letter of this date, protesting against the survey of any line in the Cherokee Nation, and particularly against the line I am now marking; and enclosing a paper purporting to be a treaty with Creeks, at Washington City, in 1826, together with a copy of an agreement between the Creek and Cherokee tribes of Indians, in 1814, is before me. I consider it my duty, notwithstanding, to obey my instructions, and complete the survey, believing that it is not the province of either the United States Agent for the Cherokees, or myself to determine the question, whether the determine the question, whether the State of Georgia is right or wrong in this matter. It may be proper, however, for me to add, in justification of the course pursuing by the State of Georgia, that the testimony collected to which you object as ex parte, was deemed sufficient by the Executive of the State to establish the line, I am now running, as the true line between the Creek and Cherokee tribes of Indians, prior to the Convention between those tribes, in December, 1821. Their agreement on the subject of their boundary at that time, fixing the Buzzard Roost on the Chatahoochie River, as one point, and the mouth of Will's Creek as the other, is not considered as binding, either on the United States or Georgia, because neither were a party to it; and the law to which you refer makes that agreement voice. The paper you enclose me as evidence of a conference between the Creeks and Cherokees, on the 9th of August, 1814, by which their boundary purports to be defined and settled, and which has the signature of General Jackson to it, is pronounced by him to be false; (see his letter on the subject to the Secretary of War, dated 4th June, 1816.) The treaty with the Creeks, at Washington City, in 1826, to which you also refer me, as settling definitively on the boundary between the Creeks and Cherokees, never has been nor never will be, recognized by the State of Georgia, as a valid instrument. The treaty of 1825, at the Indian Springs, had preceded it, and ceded for the use of Georgia, all the land owned by the Creeks within the chartered limits of the State. It is under this treaty, that Georgia claims the land South of the line running from Suwanna Old Town, on the Chatahoochie, to the Sixas Old Town, on the Etowah.

I am, Sir, your ob't servant.



U.S. Agent for the Cherokees.