DISPUTED BOUNDARIES BETWEEN CHEROKEES AND CREEKS.

Mention has already been made in discussing the terms of the treaty of

September 22, 1816, of the complications arising out of the question

of disputed boundaries between the Cherokees, Creeks, Choctaws,

and Chickasaws. These disputes related chiefly to an adjustment of

boundaries within the Territory of Alabama, rendered necessary for the

definite ascertainment of the limits of the Creek cession of 1814. But

as a result of the Cherokee cession of 1817 and the Creek cessions of

1818, 1821, 1826, and 1827, the true boundary between the territories

of these two latter nations became not only a matter of dispute, but

one that for years lent additional bitterness to the contest between

the people of Georgia and the Indians, especially the Cherokees. Prior

to the Revolution, the latter had claimed to own the territory within

the limits of Georgia, as far south as the waters of Broad River, and

extending from the headwaters of that river westward. Some of this

territory was also claimed by the Creeks, and the British Government

had therefore in purchasing it accepted a cession from those tribes

jointly.[374]

At the beginning of the Federal relations with the Cherokees, a

definition of their boundaries had been made by treaty of November

28, 1785, extending on the south as far west as the headwaters of the

Appalachee River. Beyond that point to the west no declaration as

to the limits of the Cherokee territory was made, because, for the

purposes of the Federal Government, none was at that time necessary.

But when in course of time other cessions came to be made, both by

the Cherokees and Creeks, it began to be essential to have an exact

definition of the line of limits between them. Especially was this

the case when, as by the terms of the Creek treaty of February 12,

1825,[375] they ceded all the territory to which they laid claim within

the limits of Georgia, and although this treaty was afterwards declared

void by the United States, because of alleged fraud, Georgia always

maintained the propriety and validity of its negotiation.

As early as June 10, 1802, a delegation of Cherokees interviewed

Colonel Hawkins and General Pickens, and after demanding the removal of

certain settlers claimed to be on their lands, asserted the boundary of

their nation in the direction of the Creeks to be the path running from

Colonel Easley's, at High Shoals of the Appalachee, to Etowah River.

This they had agreed upon in council with the Creeks. A delegation of

the Creeks, whom they brought with them from the council, were then

interrogated on the subject by Messrs. Hawkins and Pickens, and they

replied that the statement of the Cherokees was correct.

In the spring of 1814 (May 15) Agent Meigs had written the Secretary of

War that the Cherokees were sensible that the Creeks ought to cede to

the United States sufficient land to fully compensate the latter for

the expenses incurred in prosecuting the Creek war. However, they (the

Cherokees) were incidentally interested in the arrangements, and hoped

that the United States would not permit the Creeks to point out the

specific boundaries of their cession until the division line between

the two nations had been definitely determined. In the following year,

in a discussion of the subject with Colonel Hawkins, the Creek agent,

Colonel Meigs declares that the Cherokees repel the idea entertained by

the Creeks that the Cherokee or Tennessee River was ever their southern

boundary. On the contrary, the dividing line between the territories

of the two nations should begin at Vann's Old Store, on the Ocmulgee

River, thence pursuing such a course as would strike the Coosa River

below the Ten Islands. This claim was predicated upon the assertion

that the Cherokees had in the course of three successive wars with

the Creeks driven them more than a degree of latitude below the point

last named. Another Cherokee version was to the effect that at a joint

council of the two nations, held prior to the Revolutionary War, the

boundary question was a subject of discussion, when it was agreed to

allow the oldest man in the Creek Nation to determine the point. This

man was James McQueen, a soldier who had deserted from Oglethorpe's

command soon after the settlement of Savannah. McQueen decided that the

boundary should be a line drawn across the headwaters of Hatchet and

Elk Creeks, the former being a branch of the Coosa and the latter a

tributary of the Tallapoosa. This decision was predicated upon the fact

that the Cherokees had driven the Creeks below this line, and it had

been mutually agreed that it should constitute the boundary.

In contradiction of this it was asserted by the Creeks that in the year

1818 it had been admitted at a public meeting of the Creeks by "Sour

Mush," a Cherokee chief, that the Creeks owned all the land up to the

head of Coosa River, including all of its waters; that the Tennessee

was the Cherokee River, and the territories of the two nations joined

on the dividing ridge between those rivers. In former times, on the

Chattahoochee, the Cherokees had claimed the country as low down as

a branch of that river called Choky (Soquee) River. Subsequently

they were told by the Coweta king, that they might live as low down

as the Currahee Mountain, but that their young men had now extended

their claim to Hog Mountain, without however any shadow of right or

authority.[376]

With a view to an amicable adjustment of their respective rights a

council was held between the chiefs and headmen of the two nations

at the residence of General William McIntosh, in the Creek country,

at which a treaty was concluded between themselves on the 11th of

December, 1820. In the first article of this treaty the boundary line

between the two nations was fixed as running from the Buzzard's Roost,

on the Chattahoochee, in a direct line to the Coosa River, at a point

opposite the mouth of Wills Town Creek, and thence down the Coosa River

to a point opposite Fort Strother. This boundary was reaffirmed by them

in a subsequent treaty concluded October 30, 1822.[377]

The Cherokee treaty of 1817 had assumed to cede a tract of country

"Beginning at the high shoals of the Appalachy River and running

thence along the boundary line between the Creek and Cherokee Nations

westwardly to the Chatahouchy River," etc.

The Creek treaty of 1818[378] in turn ceded a tract the northern

boundary of which extended from Suwanee Old Town, on the Chattahoochee,

to the head of Appalachee River, and which overlapped a considerable

portion of the Cherokee cession of 1817.

The Creek treaty of 1821[379] ceded a tract running as far north as the

Shallow Ford of the Chattahoochee, which also included a portion of

the territory within the limits of the Cherokee domain, as claimed by

the latter.

By the treaty of 1825[380] with the Creeks they ceded all their

remaining territory in Georgia. Complaint being made that this treaty

had been entered into by only a small non-representative faction of

that nation, an investigation was entered upon by the United States

authorities, and as the result it was determined to declare the treaty

void and to negotiate a new treaty with them, which was done on the

24th of January, 1826.[381]

By this last treaty as amended the Creeks ceded all their land east

of the Chattahoochee River, as well as a tract north and west of that

river. In the cession of this latter tract it was assumed that a point

on Chattahoochee River known as the Buzzard's Roost was the northern

limit of the Creek supremacy.

The authorities of Georgia strongly insisted that not only had the

treaty of 1825 been legitimately concluded, whereby they were entitled

to come into possession of all the Creek domain within her limits, but

also that the true line of the Creek limits toward the north had been

much higher up than would seem to have been the understanding of the

parties to the treaty of 1826.

In the following year the Creeks ceded all remaining territory they

might have within the limits of Georgia.[382] This left the only

question to be decided between the State of Georgia and the Cherokees

the one of just boundaries between the latter and the country recently

acquired from the Creeks.

The War Department had been of the impression that the proper boundary

between the two nations was a line to be run directly from the High

Shoals of the Appalachee to the Ten Islands, or Turkeytown, on the

Coosa River.[383] On this hypothesis Agent Mitchell, of the Creeks,

had been instructed, if he could do so, "without exciting their

sensibilities," to establish it as the northern line of the Creek

Nation.

Georgia, on the contrary, claimed that the proper boundary extended

from Suwanee Old Town, on the Chattahoochee, to Sixes Old Town, on the

Etowah River; from thence to the junction of the Etowah and Oostanaula

Rivers, and following the Creek path from that point to Tennessee

River. In pursuance of this claim Governor Forsyth instructed[384] Mr.

Samuel A. Wales as the surveyor for that State to proceed to establish

the line of limits in accordance therewith. Mr. Wales, upon commencing

operations, was met with a protest from Colonel Montgomery, the

Cherokee agent,[385] notwithstanding which he continued his operations

in conformity with his original instructions.

This action of the surveyor having produced a feeling of great

excitement and hostility within the Cherokee Nation, rendering

the danger of collision and bloodshed imminent, the United States

authorities took the matter in hand, and, by direction of the

President, General John Coffee was appointed and instructed[386] to

proceed to the Cherokee Nation, and from the most reliable information

and testimony attainable to report what, in his judgment, should in

justice and fairness to all parties concerned be declared to be the

true line of limits between Georgia, as the successor of the Creeks,

and the Cherokee Nation.

General Coffee proceeded to the performance of the duty thus assigned

him. A large mass of testimony and tradition on the subject was evoked,

in summing up which General Coffee reported[387] to the Secretary of

War that the line of demarkation between the two nations should begin

at the lower Shallow Ford of the Chattahoochee, which was about 15

miles below the Suwanee Old Town. From thence the line should run

westwardly in a direction to strike the ridge dividing the waters

running into Little River (a branch of the Hightower or Etowah) from

those running into Sweet Water Creek (a branch of the Chattahoochee

emptying about 2 miles below Buzzard's Roost). From this point such

ridge should be followed westwardly, leaving all the waters falling

into Hightower and Coosa Rivers to the right and all the waters that

run southwardly into Chattahoochee and Tallapoosa Rivers to the left,

until such ridge should intersect the line (which had been previously

as per agreement of 1821 between the Creeks and Cherokees themselves)

run and marked from Buzzard Roost to Wills Creek, and thence with this

line to the Coosa River opposite the mouth of Wills Creek.

Two weeks later[388] General Coffee, in a communication to the

Secretary of War, alludes to the dissatisfaction of Georgia with the

line as determined by him, and her claim to an additional tract of

territory by remarking that "I have thought it right to give this

statement for your own and the eye of the President only, that you may

the better appreciate the character of the active agents and partisans

of the Georgia claim, for really I cannot see any reasonable or

plausible evidence on which she rests her claim."

The President, after a careful examination of the testimony and much

solicitude upon the subject, decided to approve General Coffee's

recommendation. The Cherokee agent was therefore directed[389] to

notify all white settlers living north of Coffee's line to remove at

once. The governor of Georgia was also notified of the President's

decision, and, though strongly and persistently protesting against it,

the President firmly refused to revoke his action.[390] The Cherokees

were equally dissatisfied with the decision, because the line was not

fixed as far south as Buzzard's Roost, in accordance with the agreement

of 1821 between themselves and the Creeks.[391]

The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378)) · 第 145 / 266 题