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278. January 7, 1822.

279. June 15, 1822.

280. August 24, 1822.

281. November 19, 1822.

282. March 17, 1823.

283. February, 1823.

284. March 17, 1823.

285. Report of commissioners on file in Office Indian Affairs.

286. See correspondence between commissioners and Cherokee council. American State Papers, Indian Affairs, Vol. II, pp. 465—473.

287. October 28, 1823.

288. January 19, 1824. This memorial is signed by John Ross, George Lowrey, Major Ridge, and Elijah Hicks, as the Cherokee delegation.

289. January 30, 1824.

290. February 17, 1824.

291. February 28, 1824.

292. Letter of Georgia delegation to Congress, March 10, 1824. Memorial of Georgia legislature to Congress, December 18, 1823.

293. March 30, 1824.

294. March 29, 1824.

295. This Creek war was in large measure, if not wholly, superinduced by the unlawful and unjust aggressions by citizens of that State upon the rights and territory of the Creeks. Foreign emissaries, however, it is true, encouraged and inflamed the just indignation of the Creeks against the Georgians to the point of armed resistance.

296. May 3, 1824.

297. April 16, 1824.

298. April 24, 1824.

299. February 5, 1827.

300. Letter of Rev. David Brown to Thomas L. McKenney, December 13, 1825.

301. United States Statutes at Large, Vol. IV, p. 217.

302. March 13, 1827.

303. June 4, 1828.

304. January 26, 1828.

305. March 20, 1828.

306. April 20, 1820.

307. Letter of Governor Miller, of Arkansas, to Secretary of War, June 20, 1820.

308. Letter of Secretary of War to Maj. William Bradford, July 21, 1821.

309. Letter of Secretary of War to Governor Miller, of Arkansas, November 6, 1822.

310. October 8, 1821, Governor Miller was instructed by the Secretary of War to remove the Cherokees from lands south of the Arkansas, but its execution was deferred several years pending the establishment of the Cherokee boundaries.

311. Secretary of War to Arkansas Cherokee delegation in Washington, February 12, 1823.

312. March 3, 1824.

313. Indian Office to Cherokee delegation of Arkansas, March 13, 1824, and Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824.

314. Secretary of War to Governor Crittenden, of Arkansas, April 28, 1824.

315. Indian Office to Agent E. W. Duval, Little Rock, Arkansas, July 8, 1824.

316. July 8, 1824.

317. Secretary of War to Governor Izard, of Arkansas, April 16, 1825.

318. See map on file in Indian Office.

319. May, 1825.

320. In a letter from Agent Meigs to the Secretary of War, dated June 2, 1817, Major Lovely is spoken of as having been agent residing with the Cherokees on the Arkansas. He had been an officer of the Virginia line throughout the Revolution and participated in the capture of Burgoyne. He had lived some time in the family of President Madison's father, and went to Tennessee at an early day, whence (after living many years among the Cherokees) he removed with the emigrant party to the Arkansas. In a letter to the Hon. John Cocke from the Secretary of War, December 15, 1826, it is, however, stated that Major Lovely was a factor or trader in the Arkansas country, who took an active part in the preliminary negotiations that led finally to the conclusion of the treaty with the Osages of September 25, 1818. It also appears from the same letter that the estimated area of Lovely's purchase was 7,392,000 acres, and that when the west boundary line of the Cherokees was run, in 1825, it was found that 200 square miles of Lovely's purchase were included within its limits.

321. Secretary of War to Arkansas Cherokee delegation in Washington, February 12, 1823.

322. Secretary of War to Arkansas Cherokee delegation in Washington, October 8, 1821.

323. United States Statutes at Large, Vol. IV, p. 153.

324. United States Statutes at Large, Vol. IV, p. 40.

325. April 3, 1827.

326. Letter of T. L. McKenney to Secretary of War, March 18, 1828.

327. March 27, 1828.

328. April 11, 1828.

329. The areas here given by the State authorities were largely below the quantity actually contained within the limits of the cessions within the States of Georgia, North Carolina, and Tennessee, as will be seen by a glance at the table of such areas on page 378.

330. United States Statutes at Large, Vol. VII, p. 311.

331. Letter of Secretary of War to Western Cherokee delegation. May 17, 1828.

332. Letter of Sub-Agent Brearly to Secretary of War, September 27, 1828.

333. May 28, 1828.

334. Letter of T. L. McKenney to Secretary of War, January 21, 1830.

335. United States Statutes at Large, Vol. VII, p. 414.

336. United States Statutes at Large, Vol. VII, p. 286.

337. See Creek treaty of 1833, United States Statutes at Large, Vol. VII, p. 417.

338. United States Statutes at Large, Vol. VII, p. 311.

339. See preamble to Creek treaty of February 14, 1833, United States Statutes at Large, Vol. VII, p. 417.

340. In March, 1832.

341. United States Statutes at Large, Vol. VII, p. 240.

342. United States Statutes at Large, Vol. VII, p. 478.

343. See Indian Office files.

344. See Indian Office records.

345. United States Statutes at Large, Vol. VII, p. 478.

346. United States Statutes at Large, Vol. VII, p. 488.

347. May 27, 1828.

348. Letter of War Department to Hugh Montgomery, Cherokee agent, May 27, 1828, and to General William Carroll, May 30, 1829.

349. December 18, 1828.

350. Letter of T. L. McKenney to Secretary of War, November, 17, 1829.

351. Letter of T. L. McKenney to Hugh Montgomery, Cherokee agent, August 6, 1830.

352. Letter of Cherokee delegation (East) to Secretary of War, January 21, 1829.

353. Letter of Secretary of War to Cherokee delegation, April 18, 1829.

354. December 20, 1828.

355. Agent Montgomery to the Secretary of War, July 11, 1829.

356. Secretary of War to General William Carroll, May 27, 1829.

357. June 25, 1829.

358. November 19, 1829.

359. June 23, 1829.

360. December 19, 1829.

361. Among other legislation on this subject enacted by Georgia may be enumerated the following, viz:

1. A penalty of forfeiture of all right to his land and improvements was denounced against any Cherokee who should employ any white man, or the slave of any white man, as a tenant-cropper, or assistant in agriculture, or as a miller or millwright.

2. Any Indian who should enroll for emigration and afterwards refuse to emigrate should forfeit all right to any future occupancy within the State.

3. No Indian should be allowed the use of more than 160 acres of land, including his dwelling house.

4. Grants were to be issued for all lots drawn in the late land and gold lottery, though they might lie within the improvements of an Indian who had by any previous Cherokee treaty received a reservation either in Georgia or elsewhere.

5. No contract between a white man and an Indian, either verbal or written, should be binding unless established by the testimony of two white witnesses.

6. Any Indian forcibly obstructing the occupancy by the drawer of any lot drawn in the land and gold lottery should be subject to imprisonment in the discretion of the court.

362. Letter of War Department to Hugh Montgomery, Cherokee agent, June 9, 1830.

363. Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 18, 1830.

364. Letter of Acting Secretary of War to H. Montgomery, Cherokee Agent, June 26, 1830.

365. September 1, 1830.

366. October 20, 1830.

367. Action of Cherokee national council, October 22, 1830.

368. Cherokee Nation vs. State of Georgia, Peters's United States Supreme Court Reports, Vol. V, p. 1.

369. April 17, 1832.

370. July 18, 1832.

371. September 4, 1832.

372. Worcester vs. State of Georgia, Peters's United States Supreme Court Reports, Vol. VI, p. 515.

373. According to the statement of Hon. Geo. N. Briggs, a member of Congress from Massachusetts, President Jackson remarked, after the case of Worcester vs. State of Georgia was decided, "Well, John Marshall has made his decision, now let him enforce it."

374. Treaty June 1, 1773, between the British superintendent of Indian affairs and the Creeks and Cherokees.

375. United States Statutes at Large, Vol. VII, p. 237.

376. Letter of D. B. Mitchell, Creek agent, to Secretary of War.

377. See Indian Office files for these two treaties.

378. United States Statutes at Large, Vol. VII, p. 171.

379. Ib., p. 215.

380. United States Statutes at Large, Vol. VII, p. 237.

381. Ib., p. 289.

382. Ib., p. 307; Creek treaty of November 15, 1827.

383. Letter of Secretary of War to D. B. Mitchell, Creek agent.

384. Letter of Governor Forsyth, of Georgia, to Samuel A. Wales, May 5, 1829.

385. Letter of Montgomery to Wales, May 13, 1829.

386. October 10, 1829.

387. December 30, 1829.

388. January 15, 1830.

389. March 14, 1830.

390. Secretary of War to Governor Gilmer, of Georgia, June 1, 1830.

391. The following paper, which is on file in the Office of Indian Affairs, is interesting in connection with the subject matter of this boundary:

Extract from treaties and other documents relative to the Cherokee lines in contact with the Creeks and Chickasaws west of Coosa River:

"June 10, 1786.—In the treaty of this date with the Chickasaws the lands allotted them eastwardly 'shall be the lands allotted to the Choctaws and Cherokees to live and hunt on.' In the conference which took place between the commissioners of the United States and the Chickasaws and Cherokees, it was apparent that their claims conflicted with each other on the ridge dividing the waters of Cumberland from those of Duck River and around to the Chickasaw Oldtown Creek on Tennessee, thence southwardly, leaving the mountains above the Muscle Shoals on the south side of the river, and to a large stone or flat rock, where the Choctaw line joined with the Chickasaws. The journal of occurrences at the time were lodged with the papers of the old Congress, and probably were transferred to the office of Secretary of State. On the 7th of January, 1806, in a convention between the United States and Cherokees, on the part of the former by Mr. Dearborn, the United States engaged to use their best endeavors to fix a boundary between the Cherokees and Chickasaws, 'beginning at the mouth of Caney Creek, near the lower part of the Muscle Shoals, and to run up the said creek to its head, and in a direct line from thence to the flat stone or rock, the old corner boundary,' the line between the Creeks and Cherokees east of Coosau River.

"In 1802, at the treaty of Fort Wilkinson, it was agreed between the parties that the line was 'from the High Shoals on Apalatche, the old path, leaving Stone Mountain to the Creeks, to the shallow ford on the Chatahoochee.'

"This agreement was in presence of the commissioners of the United States and witnessed by General Pickens and Colonel Hawkins. On the 10th October, 1809, a letter was sent from the Cherokees to the Creeks and received in February in the public square at Tookaubatche, stating the line agreed upon at Fort Wilkinson, and that 'all the waters of Etowah down to the ten islands below Turkeytown these lands were given up to the Cherokees at a talk at Chestoe in presence of the Little Prince, and Tustunnuggee Thlucco Chulioah, of Turkeystown, was the interpreter.'

"In August, 1814, at the treaty of Fort Jackson, the Creeks and Cherokees were invited to settle their claims, and Colonel Meigs was engaged for three or four days in aiding them to do so. The result was they could not agree, but would at some convenient period agree. This was signed by General Jackson, Colonel Hawkins, and Colonel Meigs.

"At the convention with the Creeks, in September, 1815, the Cherokees manifested a sincere desire to settle their boundaries with the Creeks, but the latter first declined and then refused. Tustunnuggee Thlucco, being asked where their boundary was west of Coosau, said there never was any boundary fixed and known as such between the parties, and after making Tennessee the boundary from tradition, and that the Cherokees obtained leave of them to cross it, the policy of the Creeks receiving all destroyed red people in their confederacy, the Cherokees were permitted to come over and settle as low down on the west of Coosau as Hauluthee Hatchee, from thence on the west side of Coosau on all its waters to its source. He has never heard, and he has examined all his people who can have any knowledge on the subject, that the Cherokees had any pretensions lower down Coosau on that side. He does not believe, and he has never heard, there was any boundary agreed upon between them. Being asked by Colonel Hawkins his opinion where the boundary should be, he says it should go up Hauluthee Hatchee, passing a level of good land between two mountains, to the head of Itchau Hatchee, and down the same to Tennessee, about 8 or 9 miles above Nickajack. In the year 1798 the Cherokees had a settlement at the Muscle Shoals, Doublehead and Katagiskee were the chiefs, and the Creeks had a small settlement above the Creek path on Tennessee. The Cherokee settlement extended southwardly from the shoal probably a mile and a half. The principal temporary agent for Indian affairs south of the Ohio was early instructed in 1777 to ascertain the boundary line of the four nations, and instructions were given accordingly by him to Mr. Dinsmore and Mr. Mitchell to aid in doing it. Several attempts were made, but all proved abortive, owing to the policy of the Creeks, which was to unite the four nations in one confederacy and the national affairs of all to be in a convention to be held annually among the Creeks, where the speaker for the Creeks should preside.

"At every attempt made among the Creeks when these conventions met, the answer was, 'We have no dividing lines, nor never had, between us. We have lines only between us and the white people, our neighbors.' At times, when the subject was discussed in the convention of the Creeks, they claimed Tombigby, called by them Choctaw River (Choctau Hatchee), the boundary line between them and the Choctaws. Tustunneggee Hopoie, brother of the old Efau Hajo (mad dog), who died at ninety-six years of age, and retained strength of memory and intelligence to this great age, reported publicly to the agent, 'When he was a boy his father's hunting camp was at Puttauchau Hatchee (Black Warrior).' His father had long been at the head of the Creeks, and always told him 'Choctaw River was their boundary with the Choctaws.' He never saw a Choctaw hunting camp on this side the Black Warrior.

"A true copy from the original.

"PHIL. HAWKINS, Jr.,

"Ast. A. I. A."

392. Letter of Secretary of War to Governor Lumpkin, of Georgia, March 12, 1833.

393. March 21, 1833.

394. Commissioner of Indian Affairs to Agent Montgomery, April 22, 1833.

395. Secretary of War to Governor Lumpkin, of Georgia, January 28, 1834.

396. March 28, 1834.

397. May 1, 1834.

398. March 3, 1834.

399. Letter of John Ross and others to Secretary of War, inclosing protest, May 24, 1834.

400. Letter of Hon. J. H. Eaton to John Ross, May 26, 1834.

401. May 29, 1834.

402. Secretary of War to governor of Georgia, July 8, 1834.

403. May 17, 1834.

404. The Ross delegation was composed of John Ross, R. Taylor, Daniel McCoy, Samuel Gunter, and William Rogers. The Ridge delegation consisted of John Ridge, William A. Davis, Elias Boudinot, A. Smith, S. W. Bell, and J. West.

405. February 11, 1835.

406. Memorandum delivered by Secretary of War to Senator King, of Georgia, February 28, 1835.

407. Memorandum delivered by Secretary of War to Senator King, of Georgia, February 28, 1835.

408. March 16, 1835.

409. September 10, 1835.

410. September 26, 1835.

411. Senate Document 120, Twenty-fifth Congress, second session, p. 124.

412. See proceedings of council.

413. National Intelligencer, May 22, 1838.

414. Schermerhorn to Commissioner of Indian Affairs, December 31, 1835.

Native Americans: 22 Books on History, Mythology, Culture & Linguistic Studies

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