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