In the autumn of 1842[473] the President appointed John H. Eaton
and James Iredell as commissioners to adjudicate and settle claims
under the treaty of 1835. Mr. Iredell declined, and Edward B. Hubley
was appointed[474] to fill his place. This tribunal was created to
continue the uncompleted work of the board appointed in 1836 under the
provisions of the same article, the labors of which had terminated in
March, 1839, having been in session more than two years.
[Footnote 346: United States Statutes at Large, Vol. VII, p. 488.]
[Footnote 347: May 27, 1828.]
[Footnote 348: Letter of War Department to Hugh Montgomery, Cherokee
agent, May 27, 1828, and to General William Carroll, May 30, 1829.]
[Footnote 349: December 18, 1828.]
[Footnote 350: Letter of T. L. McKenney to Secretary of War, November,
17, 1829.]
[Footnote 351: Letter of T. L. McKenney to Hugh Montgomery, Cherokee
agent, August 6, 1830.]
[Footnote 352: Letter of Cherokee delegation (East) to Secretary of
War, January 21, 1829.]
[Footnote 353: Letter of Secretary of War to Cherokee delegation, April
18, 1829.]
[Footnote 354: December 20, 1828.]
[Footnote 355: Agent Montgomery to the Secretary of War, July 11, 1829.]
[Footnote 356: Secretary of War to General William Carroll, May 27,
1829.]
[Footnote 357: June 25, 1829.]
[Footnote 358: November 19, 1829.]
[Footnote 359: June 23, 1829.]
[Footnote 360: December 19, 1829.]
[Footnote 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.]
[Footnote 362: Letter of War Department to Hugh Montgomery, Cherokee
agent, June 9, 1830.]
[Footnote 363: Letter of Acting Secretary of War to H. Montgomery,
Cherokee Agent, June 18, 1830.]
[Footnote 364: Letter of Acting Secretary of War to H. Montgomery,
Cherokee Agent, June 26, 1830.]
[Footnote 365: September 1, 1830.]
[Footnote 366: October 20, 1830.]
[Footnote 367: Action of Cherokee national council, October 22, 1830.]
[Footnote 368: Cherokee Nation _vs._ State of Georgia, Peters's United
States Supreme Court Reports, Vol. V, p. 1.]
[Footnote 369: April 17, 1832.]
[Footnote 370: July 18, 1832.]
[Footnote 371: September 4, 1832.]
[Footnote 372: Worcester _vs._ State of Georgia, Peters's United States
Supreme Court Reports, Vol. VI, p. 515.]
[Footnote 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."]
[Footnote 374: Treaty June 1, 1773, between the British superintendent
of Indian affairs and the Creeks and Cherokees.]
[Footnote 375: United States Statutes at Large, Vol. VII, p. 237.]
[Footnote 376: Letter of D. B. Mitchell, Creek agent, to Secretary of
War.]
[Footnote 377: See Indian Office files for these two treaties.]
[Footnote 378: United States Statutes at Large, Vol. VII, p. 171.]
[Footnote 379: Ib., p. 215.]
[Footnote 380: United States Statutes at Large, Vol. VII, p. 237.]
[Footnote 381: Ib., p. 289.]
[Footnote 382: Ib., p. 307; Creek treaty of November 15, 1827.]
[Footnote 383: Letter of Secretary of War to D. B. Mitchell, Creek
agent.]
[Footnote 384: Letter of Governor Forsyth, of Georgia, to Samuel A.
Wales, May 5, 1829.]
[Footnote 385: Letter of Montgomery to Wales, May 13, 1829.]
[Footnote 386: October 10, 1829.]
[Footnote 387: December 30, 1829.]
[Footnote 388: January 15, 1830.]
[Footnote 389: March 14, 1830.]
[Footnote 390: Secretary of War to Governor Gilmer, of Georgia, June 1,
1830.]
[Footnote 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._"]
[Footnote 392: Letter of Secretary of War to Governor Lumpkin, of
Georgia, March 12, 1833.]
[Footnote 393: March 21, 1833.]
[Footnote 394: Commissioner of Indian Affairs to Agent Montgomery,
April 22, 1833.]
[Footnote 395: Secretary of War to Governor Lumpkin, of Georgia,
January 28, 1834.]
[Footnote 396: March 28, 1834.]
[Footnote 397: May 1, 1834.]
[Footnote 398: March 3, 1834.]
[Footnote 399: Letter of John Ross and others to Secretary of War,
inclosing protest, May 24, 1834.]
[Footnote 400: Letter of Hon. J. H. Eaton to John Ross, May 26, 1834.]
[Footnote 401: May 29, 1834.]
[Footnote 402: Secretary of War to governor of Georgia, July 8, 1834.]
[Footnote 403: May 17, 1834.]
[Footnote 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.]
[Footnote 405: February 11, 1835.]
[Footnote 406: Memorandum delivered by Secretary of War to Senator
King, of Georgia, February 28, 1835.]
[Footnote 407: Memorandum delivered by Secretary of War to Senator
King, of Georgia, February 28, 1835.]
[Footnote 408: March 16, 1835.]
[Footnote 409: September 10, 1835.]
[Footnote 410: September 26, 1835.]
[Footnote 411: Senate Document 120, Twenty-fifth Congress, second
session, p. 124.]
[Footnote 412: See proceedings of council.]
[Footnote 413: National Intelligencer, May 22, 1838.]
[Footnote 414: Schermerhorn to Commissioner of Indian Affairs, December
31, 1835.]
[Footnote 415: See report of proceedings of council.]
[Footnote 416: National Intelligencer, May 22, 1838.]
[Footnote 417: United States Statutes at Large, Vol. VII, p. 488.]
[Footnote 418: In addition to these sums, an appropriation of
$1,047,067 was made by the act of June 13, 1838, in full of all objects
specified in the third supplemental article and for the one year's
subsistence provided for in the treaty.]
[Footnote 419: Commissioner of Indian Affairs to John Ross, March 9,
1836.]
[Footnote 420: Hon. P. M. Butler, in a confidential letter to the
Commissioner of Indian Affairs, March 4, 1842, says: "The treaty, as
the Department is aware, was sustained by the Senate of the United
States by a majority of one vote."]
[Footnote 421: United States Statutes at Large, Vol. VII, p. 478 _et
seq._]
[Footnote 422: July 25, 1836.]
[Footnote 423: July 30, 1836.]
[Footnote 424: The Secretary of War, October 12, 1836, directed General
Wool to inform Mr. Ross that the President regarded the proceedings
of himself and associates in council as in direct contravention of
the plighted faith of their people, and a repetition of them would be
considered as indicative of a design to prevent the execution of the
treaty even at the hazard of actual hostilities, and they would be
promptly repressed.]
[Footnote 425: October 17, 1836.]
[Footnote 426: Senate confidential document, April 12, 1836, p. 200.]
[Footnote 427: National Intelligencer, May 22, 1838.]
[Footnote 428: National Intelligencer, May 22, 1838.]
[Footnote 429: June 3, 1837.]
[Footnote 430: July 15, 1837.]
[Footnote 431: September 25, 1837.]
[Footnote 432: September 30, 1836.]
[Footnote 433: October 25, 1836.]
[Footnote 434: Secretary of War to Andrew Jackson, August 21, 1837.]
[Footnote 435: October 16, 1837.]
[Footnote 436: The amounts adjudicated and paid by this commission, as
shown by the records of the Indian Office (see Commissioner of Indian
Affairs' letter of March 7, 1844), were as follows: