After several preliminary discussions concerning the best method
of adjusting their difficulties, the Secretary of War submitted
to them,[258] in writing, a statement of the basis upon which the
United States would enter into a treaty with them, urging prompt
action thereon, in order that the Senate might have time to exercise
its constitutional functions upon the same prior to its approaching
adjournment.
The salient points of this proposition were that the Cherokees should
make a cession of land in proportion to the estimated number of their
nation who had already removed or enrolled themselves for removal to
the Arkansas; that the United States preferred the cession to be made
in Tennessee and Georgia, and that in the latter State it should be as
near and convenient to the existing white settlements as was possible;
that the reservation which the Cherokees had expressed a desire to make
for the benefit of a proposed school fund should be located within the
limits of Alabama Territory, inasmuch as the cession to be made in
Georgia would, under the provisions of the act of Congress of 1802,
belong to that State, and the lands covering the proposed cession in
Tennessee would be subject to location by North Carolina military
land warrants. Neither was such school reservation to constitute any
portion of the land which the Cherokees were to cede in conformity to
the principle of exchange embodied in the first paragraph. The United
States would continue to extend its protection to both branches of
the Cherokee people, but those remaining east of the Mississippi,
having expressed a desire that the lands retained by them should be
absolutely guaranteed from any danger of future cession, were informed
that in order to secure such guarantee it was indispensable that the
cessions they were about to make should be ample, and that the portion
of territory reserved by them should not be larger than was essential
to their wants and convenience. The Secretary reminded them that
should a larger quantity be retained it would not be possible, by any
stipulation in the treaty, to prevent future cessions; that so long as
they retained more land than was necessary or convenient for themselves
they would feel inclined to sell and the United States to purchase. He
commented on the fact that they were rapidly becoming like the white
people, and could not longer live by hunting, but must work for their
subsistence. In their new condition of life far less land would be
essential to their happiness. Their great object should be to hold
their land by severalty titles and to gradually adopt the manners and
laws of life which prevailed among their white neighbors. It was only
thus that they could be prosperous and happy, and neglect to accept and
profit by the situation would inevitably result in their removal or
extinction.
The question as to the area of territory that should be ceded as the
equitable proportion of the Arkansas Cherokees formed the subject
of much dispute. The Eastern Cherokees denied the accuracy of the
emigration roll of Governor McMinn, and asserted that, instead of
5,291 emigrants, as stated by him, there had actually been not
exceeding 3,500, while the non-emigrant portion of the nation they
gave as numbering 12,514, or more than three-fourths of the entire
community.[259]
It being impossible to reconcile these radical differences of estimate
and the Indians becoming wearied and discouraged with the persistent
importunities of the United States officials, they consented to the
cession of those tracts of country naively described in the treaty of
February 27, 1819,[260] as "_at least as extensive_" as that to which
the United States was entitled under the principles and provisions
of the treaty of 1817. These cessions were made, as recited in the
preamble to the treaty, as the commencement of those measures necessary
to the civilization and preservation of their nation, and in order
that the treaty of July 8, 1817, might, without further delay or the
trouble or expense of taking the census therein provided for, be
finally adjusted. It was also agreed that the distribution of annuities
should be made in the proportion of two to one in favor of the Eastern
Cherokees (it being assumed that about one-third of the nation had gone
west), with the proviso that if the Arkansas Cherokees should offer
formal objection to this ratio within one year after the ratification
of the treaty, then a census, solely for the purpose of making a fair
distribution of the annuity, should be taken at such time and in
such manner as the President of the United States should designate.
All leases of any portion of the territory reserved to the Cherokees
were declared void, and the removal of all intruders upon their lands
was promised, to which latter end an order was issued requiring such
removal to take place on or before July 1, 1819.
Thus was concluded the treaty of February 27, 1819, which was promptly
and favorably acted upon by the Senate and ratified and proclaimed
by the President on the 10th of March following. The gist of such
provisions of importance as are not detailed in these historical notes
will be found by reference to the abstract preceding them.
Immediately upon the approval of the treaty by the Senate, the
Secretary of War notified Governor McMinn[261] of the fact, directing
him to give no further encouragement to emigration to the Arkansas, but
to proceed at once to wind up the business under the treaty of 1817.
_Survey of boundaries._--Preparations were at once made for surveying
and marking the lines of the cessions. Hon. Wilson Lumpkin, who was
engaged in running the line between East Florida and the State of
Georgia, was directed[262] to suspend that work, and designated to
survey the line of cession, commencing at the point where the Unicoi
Turnpike crossed the Blue Ridge, and thence to the nearest main source
of the Chestatee, and also to lay off the individual reservations that
should be selected within the State of Georgia.
The following day[263] Robert Houston was appointed to run the line of
the cession within the State of Tennessee, commencing on the Highwassee
River about 2 miles above Highwassee Old Town, as well as to survey the
individual reservations within that State, and also the tracts reserved
in North Carolina and Alabama Territory.
Mr. Houston performed his services as a surveyor to the satisfaction
of all parties;[264] but in running the line from the Unicoi Turnpike
crossing of the Blue Ridge to the nearest main source of the Chestatee,
a dispute arose between Mr. Lumpkin and the Cherokees as to which was
the nearest main source of that river, the Frogtown or the Tessentee
Fork. The surveyor ran the line to the source of the first named fork,
while the Indians insisted that the latter was the proper stream, and
demanded a re-examination of the survey. Agent Meigs having, however,
reported[265] in favor of the correctness of the survey, it was allowed
to stand.[266]