Cherokee Phoenix
and Indians' Advocate
Wednesday, July 1, 1829
Vol. II, no. 13
Page 2, col. 1b
PROTEST.
Of the Cherokee Agent against the running of the line, claimed by Georgia,
as the true one between the Creeks and Cherokees.
Col. S. A. WALES;
SIR -- As the United States Agent for the Cherokees, and in accordance
with the wisdom of that tribe of Indians, I deem it to be my duty, to protest
against your running any lines, or marking any trees, through, or on the Cherokee
lands, and particularly, a line from Sawanna on the Chatahoochie, to the Sixes,
on the Hightower, which it seems, is intended to designate a boundary line between
them and the Creek Indians.
1st. Because the Cherokees, positively and unequivocally, deny that any such boundary at that place ever did exist between them.
2nd. Because the evidence taken by Georgia, in support of such claim, was entirely ex parte, and no opportunity given them to refute or explain away the testimony which was taken.
3d. Because the dividing line between the Cherokees and Creeks was definitely settled, and the line run between them several years before the Treaty of Indian Springs, under which the State of Georgia claims: see a conference on the subject, between them, on the 9th of August, 1814, and the final adjustment of that question on the 11th December, 1821, both of which conferences the Cherokees allege was reported to the United States' Government, and the line so run between them recognized and acknowledged by the United States in the treaty at Washington, on the 24th Jan. 1826.
4th Because it is believed to be the province of the General Government (and so provided by the laws of intercourse,) to run all Indian boundary lines, claimed by her under treaties, and not left to individual States, & especially, one which is interested, as is Georgia, in the present case.
And, lastly, because I fear, should that line be run, it would encourage and occasion a great number of white families to rush into,and settle on the lands embraced within these lines, to the great annoyance, distress and ruin of the poor, helpless, and inoffensive Cherokees, who inhabit them. For the reasons above stated , I do, most sincerely and solemnly, protest against the running of the above line, until the pleasure of the United States is known on the subject.
I have the honor to be, your ob't servant,
H. MONTGOMERY.
13th May, 1829
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