ROYCE.] TREATY OF DECEMBER 29, 1835. 269 
the territory within the limits of the Cherokee domain, as claimed by 
the latter. 
By the treaty of 1825! with the Creeks they ceded all their remain- 
ing territory in Georgia. Complaint being made that this treaty had 
been entered into by only a smali non-representative faction of that 
nation, an investigation was entered upon by the United States authori- 
ties, 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, 1826.2 
sy 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 1525 been legitimately concluded, whereby they were entitled 
to come into possessicn 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.’ 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, 
ou the Coosa River. On this hypothesis Agent Mitchell, of the Creeks, 
had been instructed, if he could do so, “without exciting their seusi- 
bilities,” 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 Oos- 
tanaula Rivers, and following the Creek path from that point to Ten- 
nessee River. In pursuance of this claim Governor Forsyth instructed® 
Mr. Samuel A. Wales as the surveyor for that State to proceed to es- 
tablish the line of limits in accordance therewith. Mr. Wales, upon 
commencing operations, was met with a protest from Colonel Montgom- 
ery, the Cherokee agent,® notwithstanding which he continued his op- 
erations in conformity with his original instructions. 

‘United States Statutes at Large, Vol. VII, p. 237. 
2Tb., p. 289. 
*Ib., p. 307; Creek treaty of November 15, 1827. 
4 Letter of Secretary of War to D. B. Mitchell, Creek agent. 
5 Letter of Governor Forsyth, of Georgia, to Samuel A. Wales, May 5, 1829. 
* Letter of Montgomery to Wales, May 13, 1829. 
