INDIANS

DOCUMENTS

Relating to the boundary line between the Cherokees and Creeks.

[Continued]

CHEROKEE NATION, RED BANK OLD TOWN,

December 11th, 1829

Tarchechee, a full blooded Cherokee, supposed to be nearly sixty years old, was born and raised in the Cherokee Nation; lived in the early part of his life on the head waters of Chattahoochy and on the northwest side of Hightower River, and when he had a wife ' five little children he removed to the south side of Hightower, and has ever since lived at different places on the creeks that empty into the Hightower on the south side.- he now has many grand-children, and he always thought he was living on Cherokee land, he never heard that the Creeks claimed any land on any of the waters of Hightower. He never heard anything about the line between the two nations, until he heard they had run a line from Buzzard Roost to Will's Creek. He has lately heard that the people of Georgia claimed some of the Cherokee land; but he did not know how they claimed it, as he always thought it belonged to the Cherokees. The above statement was interpreted by John Wright and George Still to be the true statement of what the said old Indian, Tarchechee said to Gen. John Coffee, U. States' Commissioner, which interpretation we have made correctly to the best of our knowledge and understanding of the Cherokee language.

JOHN WRIGHT,

GEO. STILL.

Attest,

Robt. D. Harris.

PHILLIPS' CHEROKEE NATION, 13th December, 1829.

James Buchanan, in his 70th year of age, a citizen of Jasper County, Georgia- at present traveling in the Nation, being enquired of by Gen. Jno. Coffee, United States' Commissioner, who is collecting evidence of the true line between the Creek and Cherokee Nations, if I know anything on that subject,-in answer thereto, I have heard that subject spoken of frequently in the State of Georgia. I was living in that State during the Revolutionary War and have lived there ever since, and from all I have heard the impression has been made on my mind that the Buzzard Roost on Chattahoochy was considered the line between the nations. The subject of Indian lands has been much thought and spoken of in Georgia, and in conversations generally on that subject, I have always understood the above to be the line between the two nations. The above statement I make upon honor as being true to the best of my information and impression.

JAMES BUCHANAN.

Test

Robt. D. Harris.

AT PHILIPS' IN THE HIGHTOWER TOWN, 13th December, 1829

I employed John Wright (the same man who gave me a statement on the 10th day of this month) to ride with me as a pilot and interpreter,- we set out from his house at the Red Bank Old Town, and travelled on an old Indian path that led down the Old Hightower Towns. In passing along said paths, some of which seem not to have been used for many years, some others are more plain and in use at this day. Those paths all or the greatest part of them seemed to be leading southwestwardly direction, I enquired of Wright if he had knowledge of who first mad e those paths, he informed me he had a perfect knowledge, that when he first came into the country, there was not path in that part of the nation but the one we were then travelling on, and which led from the Hightower Town up the river on this side, keeping the river for a distance of upwards of fifty miles, when the river bore away a little more to the north, the path continued its course in all from Hightower Old Town about one hundred miles to the Little Chota Town on the Chattahoochy, a place much older than Hightower-between the two places the I was a communication kept up on the old path we were travelling on-that there was but one other path of any notice on the south side of Hightower River, and that one led from the Old Hightower Town southwardly to the Creek Nation on the Chattahoochy down about the Great Falls near where Columbus now stands. That the paths we crossed had been made since he was in the country leading from the various settlements made on Hightower River, out to other Cherokee settlements made towards the heads of the creeks that run into the river, and from some of them (the latter mentioned settlements) to the Chattahoochy,- that since his being here paths had been made from the Old Hightower Town to the Standing Peach Tree, to the Shallow Ford, and to Sowanny Old Town, all on the Chattahoochy River. That all the paths spoken of were made by the Cherokees in passing from their various towns and settlements, and as their trading paths to the towns in Georgia-that he never knew of any path made by the Creeks or particularly used by the Creeks, but the one which led from Hightower to the falls on Chattahoochy before mentioned.

(Signed) JOHN COFFEE.

The above memorandum made by General Coffee has been red to me, and I acknowledge the same to be true and correct as stated to him by me, date above.

JOHN WRIGHT.

Witness

Robt. D. Harris

Sworn to and subscribed before me this 14th December, 1829.

WALTER ADAIR, Judge C.C. Upper Circuit Cherokee Nation.

HEAD OF COOSA, 21, Dec. 1829.

The statement of Chickasawtee, one of the chiefs of the Chero. Nation who signed the Treaty made by that nation with the State of Georgia, at Augusta, on the thirty-first day of May 1783. His signature being the sixth name of the Cherokees on that Treaty. He says that the line of that Treaty, as understood by him, was to run from the top of Currohee Mountain, to the Lower Big Falls on the south fork of the Ocone River, and then it stopped. They were at Augusta, and not on the ground he has been speaking about. But his understanding at the time was, that if he was at the falls of the Ocone, where the line stopped, and turn his face towards the setting of the sun, and look towards the Ten Islands on Coosa River, leaving the Stone Mountain on the right, that he would be looking along the line between the Cherokee and Creek lands. He does not know his age at the time of the Treaty of Augusta, but he had then a family and some of his children were grown,-he supposes he must be hear one hundred years old.

his

CHICKASAWTEE x

mark

Sworn to and subscribed before me the date above written.

JOHN RIDGE,Clerk

National Council, Cherokee Nation.

TREATY

Georgia.

By his excellency John Milledge, Governor and Commander in Chief of the Army and Navy of this State, and of the Militia thereof:

To all to whom these presents shall come, Greeting:

KNOW YE, That Horatio Marbury Esquire,who hath certified the Treaty between the commissioners on the part of the State of Georgia on the one part,and the head men and warriors of the Cherokee Nation of Indians, of the other part, hereunto annexed, is Secretary of State, in whose office the archives of the same are deposited.

Therefore all due Faith, Credit, and Authority, are and ought to be had and given his certificate and attestation as such.

In testimony whereof I have hereunto set my Hand, and caused the Great Seal of this State to be put and affixed, at the State House in Louisville, this twenty-third day of November in the year of our Lord eighteen hundred and two-and in the seventh year of the Independence of the United States of America.

By the Governor.

HOR. MARBURY.

Secretary.

GEORGIA.

Articles of a convention held at Augusta in the county of Richmond and State aforesaid, this thirty-first day of May in the year of our Lord one thousand seven hundred and eighty-three, and in the seventh year of the Independence of the said State; between his Honor Lyman Hall, Esquire, Governor and Commander-in-Chief in and over the said State; General John Twiggs, Colonel Elijah Clark, Colonel William Few, the Honorable Edward Telfair, Esquire, and General Samuel Elbert; commissioners appointed by the Legislature of the same, on the one part; and Tarpine of the lower towns, Tarpine son on the Great warrior, the Bird-in-close or the Chequaena-Jack, Claunau, Chickasawtee, Ascastee, Amakantee, Claunwastee, Joenatua, Julalaha, John, Chisquauna, Chenawata, head men Warriors, and Chiefs of the Herds or Tribes of Cherokee Indians in behalf of the said nation, on the other part-

Whereas a good understanding and union between the inhabitants of the said State and the Indians aforesaid, is reciprocally necessary and convenient, as well on account of a friendly intercourse and Trade, as for the purposes of Peace and humanity. It is therefore agreed and covenanted,

1. That all differences between the said parties heretofore subsisting shall cease and be forgotten.

2d. That all just debts due by any of the said Indians to any of the merchants or traders of the said State shall be fairly and fully paid; and all negroes, horses and other property, taken during the late war, shall be restored.

3d. That a new line shall be drawn, without delay, between the present settlements in the said State and the Hunting grounds of the said Indians; to begin on Sawannah River where the present line strikes it, thence up the said river to a place on the most northern branch of the same commonly called Keowe, where a north east line, to be drawn from the Top of the Ocunna Mountain, shall intersect; hence along the said line, in a southwest direction to the top of the said Mountain; thence to the top of the Currohee Mountain; thence to the head or source of the most southern branch of the Okoney River including all the waters of the same, and thence down the middle of the said branch of the Creek line.

4th. In consideration of the friendship, which the people and Government of the said State bear to the Indians aforesaid, and of their good will, evidenced by their present attendance, the Governor and Commissioners aforesaid have made presents to them to a considerable amount, which they hereby acknowledge to have received.

5th. That a Trade shall be carried on by the traders and merchants of the said State, to the towns of the said Indians in which the traders in who shall reside among them, and the Pack-horse-men in going and coming shall be protected: the Trade to be subject to future regulation of Government.

6th And lastly, they the Head men, Warriors, and Chiefs, whose hands and seals are hereunto affixed, do hereby for themselves and for the nation they are empowered by and effectually represent, recognize and declare, that all the lands, waters, woods, and game lying and being in the State eastward of the line herein before particularly mentioned and described, is are, ' do belong ' of right appertain to the people and Government of the said State of Georgia; and they the Indians aforesaid as well for themselves as the said Nation do give up, release, alien relinquish and forever quit claim, to the same, or any part thereof.

Done and executed at Augusta aforesaid the day and year above mentioned in the presence of those whose names are subscribed.

LYMAN HALL, (L.S.)

JOHN TWIGGS, (L.S.)

ELIJAH CLARK, (L.S.)

W. FEW. (L.S.)

EDW'D TELFAIR, (L.S.)

marks;

TARPINE, x (L.S.)

TARPINE x (L.S.)

CHEQUAENE x (L.S.)

NINEAN JACK, x (L.S.)

CLAUNAU x (L.S.)

CHICKSAWTEE x (L.S.)

ASCASTER x (L.S.)

AMAKANTEE x (L.S.)

CLAUASTEE x (L.S.)

JONENATUA x (L.S.)

JULALAHA x (L.S.)

JOHN x (L.S.)

CHISQUAUNA x (L.S.)

CULATEE x (L.S.)

CANAUTEE x (L.S.)

CAT x (L.S.)

Witness

Geo. Watson,

And'w M'Lean

GEORGIA, SECRETARY OFFICE,

22nd November 1802

I do hereby certify that the above and foregoing is a true copy from the original deposited in this Office.

HOR. MARBURY

Secretary.

HEAD OF COOSA, 22st Dec., 1820

The statement of Chuleowah, an old Cherokee Chief, supposed too be about, or nearly ninety years of age. He says many years ago he was very friendly with the Creek Chiefs, and being a Chief himself in his own nation, he received a friendly talk from the Creek Chief, inviting him to attend at a treaty that they were about to make with the United States in Georgia, and they would give him an honorable seat with themselves, in their Council, at the Treaty ground. At that time the Black Fox, and Pathkiller, the two principle Chiefs of the Cherokees, thought it best to send some of their chiefs to attend the Creek treaty, and see if they did not encroach on the Cherokee land. They directed this deponent and six others to attend the Creek treaty and try and fix a line between the two nations; the other persons were as follows: Sour mush, The Bark of Hightower, Youtaletah, Old Turkey, Ticahwee and Dick Rowe, Interpreter: they proceeded to the Treaty ground, and met the Creeks in friendship as they had proposed; and we the delegation from the Cherokees,and the Creek Chiefs present entered upon an agreement of a line between the two nations; and we agreed that the line or corner between them should be the lower big shoals of the Appalachy, the place where a man by the name of William Scott then had a store; they further agreed that the line should run from that place as follows: Supposing they had been standing at the Shoals at Scott's store; with their faces towards the sunset they would make the line to run by Sand Town on Chattahooche, from thence to the Ten Islands on the Coosa ' continued the same course across the Coosa until they came to the long leaf pine, that grows on the head waters of the rivers that run into Mobile Bay.- After we had finished our talk and agreement with the Creek Chiefs, be this deponent delivered a talk to the United States Commissioners, in forming them what we had agreed upon, which finished our business, and we then came off home. The talk that I gave to the Commissioners has been this day read to me, ' I acknowledge it to be my talk as delivered.- Being asked by Gen. Coffee the United States Commissioner to explain my meaning in that talk; when I said 'our lands extend as far as the Appalatchy on the line 'c,' I explain as follows: suppose I had been standing at the Falls of Appalachy at Scott's store, I meant to say our land extended up the river Appalatchy to its head on the line'c. About two years after the Creek War, this deponent and a number of Cherokee families, in number about fifty, removed ' settled on the Chattahoochy at Sand Town. They had a town house where they usually met in Council; they remained there until the line was run from Buzzard Roost to Will's Creek,--as that line struck the river about one mile above them, leaving them on the Creek land, they also broke off and came away to the settlements in the Cherokee Nation. He states that at an early time, before the time he attended the Creek treaty in Georgia, the Cherokees claimed the land from Var's Store on the waters of Oakmulgee to the N York Town on the Chattahoochy, but at the treaty in Ga., they had agreed to give up to the Creeks a part of what they thought their claim, and agreed upon the line from the falls at Scott's store ton the Appalatchy and by Sand Town 'c. He states that a part of his relations who lived with him at Suint Town, had been raised amongst the Creeks at Coweta, and when he settled they came and lived near him. There were seven Creek men of them who had married his relations; he says there were no other Creek families living at Sand Town at the time he lived there.

his

CHULEOWAH x

mark

Sworn to and subscribed before me, the same day above written.

JOHN Ridge Acting Clerk National Council, Cherokee Nation.