Whilst all these events having a bearing upon the condition and
prospective welfare of that portion of the Cherokee people who had
remained in their old homes east of the Mississippi River were
happening, those who had taken up their abode in the Arkansas country
were likewise having their troubles.
_Difficulties with the Osages._--Their disagreements with the Osages,
which had, with slight intermission, existed for years, broke out
afresh when in February, 1820, a party of Osages robbed and killed
three Cherokees. The latter determined upon the prosecution of a
general war against the aggressors, and were only persuaded to pause
at the earnest solicitation[306] of Governor Miller, of Arkansas
Territory, until he could visit the villages of the Osages and demand
the surrender of the murderers. In company with four of the Cherokee
chiefs, he proceeded to the principal Osage village, where they were
kindly received by the Osages, who repudiated the action of the
murderers and agreed conditionally to surrender them. They, however,
produced the treaty concluded in 1818, under the superintendence
of Governor Clark, between themselves and the Cherokees, Shawnees,
and Delawares, wherein it was agreed that a permanent peace should
thenceforth exist between them, and that the Cherokees were to meet
them at Fort Smith the following spring and surrender all Osage
prisoners, which the former had neglected to do and still retained a
number of Osage captives. The Cherokee chiefs admitted that this was
true, whereupon Governor Miller advised them that before the Osage
murderers could be surrendered, the Cherokees must comply with their
agreement by surrendering all prisoners in their hands. An arrangement
was made to meet at Fort Smith in October following and effect the
exchange,[307] which was done. Notwithstanding this adjustment, the
feeling of hostility between the two tribes remained. Active warfare
broke out again in the summer of 1821,[308] and was not suppressed by
the most strenuous efforts of the United States authorities until the
fall of the following year.[309]
_Boundaries and area._--Governor Miller reported, in connection with
this subject, that the Arkansas Cherokees were very restless and
dissatisfied. They complained much in that, as they said, no part of
the treaty of 1819 had been complied with by the United States and in
that they had received no annuity money since their removal to the west
of the Mississippi River. Furthermore, their boundaries had not been
established, and they still awaited the fulfillment of the promise made
them for an extension of their line to the west as far as the Osage
line. To this latter scheme the Osages were much opposed, preferring
rather to have the country occupied by whites. The adjustment of this
boundary question would seem to have been very desirable, inasmuch as
nearly one-half of the Cherokees had taken up their abode south of
the Arkansas River,[310] which was clearly outside of their proper
limits. It formed the subject of much correspondence and complaint
throughout several years, and was the occasion of a number of visits of
representative delegations from the Arkansas Cherokees to Washington.
The eastern boundary had, as already stated, been run by General Rector
in 1818-'19, but the difficulty in fixing the western line arose
from the fact that the quantity of land to which the Cherokees were
entitled was to be measured by the area already ceded by them to the
United States by the treaties of 1817 and 1819. The ascertainment of
this latter quantity with exactness could not be made in advance of
the completion of the surveys thereof by the States of North Carolina,
Tennessee, and Georgia. From such reports and estimates as the United
States were able to secure from the several State authorities, it
was estimated, early in 1823,[311] that the quantity to which the
Cherokees were entitled was about 3,285,710 acres, and they were
informed that measures would at once be taken to have the western
boundary established. This was performed under direction of Governor
Miller, in compliance with instructions given him for that purpose on
the 4th of March, 1823. A year later[312] a delegation of the Indians
visited Washington to complain that the boundary had been run without
notice to them and in such a manner as to be highly prejudicial to
their interests. It was also urged that the quantity of land included
was largely less than the quantity ceded by the Cherokees east of the
Mississippi.
It would seem that in the survey of this western boundary Governor
Miller, through a misconception of his instructions, had caused the
line to be run due north, and south, instead of in a direction parallel
with that of the east line, as was the evident intention of the treaty
of 1817.[313] The effect of this action was to largely curtail the
Cherokee frontage on Arkansas River, where the lands were rich and
capable of remunerative cultivation, and to extend their frontier on
the Upper White River, toward the rough and comparatively valueless
region of the Ozark Mountains. It was also admitted by the Secretary of
War that the quantity of land within these boundaries was probably less
than that to which the Cherokees were entitled.[314] Inquiries were
accordingly again made of the several State authorities as to the area
of territory acquired by them through the treaties of 1817 and 1819,
the replies to which, though partially estimated, aggregated 4,282,216
acres.[315] Directions were therefore given to Agent Duval[316] to
propose to the Indians the running of a provisional line, subject to
such future alterations as the official returns of the quantity ceded
in the States should render necessary and proper. It seems, however,
from a report of Agent Duval, that the Cherokees in council had
expressed to him a preference to adopt for their western boundary what
was known as the "upper" or Governor Miller line, and to run thence
down and between the Arkansas and White Rivers for quantity, ignoring
the line run under the treaty of 1817 by General Rector, the effect
of which would be to give them an extension of territory to the east
instead of toward the west. This proposition called forth directions
from the Secretary of War to Governor Izard, in the spring of 1825, to
open negotiations with the Cherokees upon the subject of an exchange
of territory with them for an equal quantity of land lying to the west
of Arkansas and Missouri, and for their removal thereto, but that the
matter must not be pressed to the point of irritation. If, through the
aversion of the Indians to entertain such a proposition, it should be
dropped, then, if ±he same should be satisfactory to the citizens of
Arkansas, the proposal contained in the report of Agent Duval would
meet the views of the Government.[317]
The Indians were brought to no definite agreement to either of these
propositions. In the meantime their provisional western boundary was
established and run, in January and February, 1825.[318] The line began
at the upper end of Table Rock Bluff, on the Arkansas River, and ran
north 1 mile and 70 chains, crossing Skin Bayou at a distance of 66
chains from the beginning; thence it ran north 53° east 132 miles and
31 chains, to White River, which it struck at a point opposite the
mouth of Little North Fork.
As a matter of fact, so strong was the prejudice of the Cherokees
against any concession of territory that their council passed[319] what
they denominated a "perpetual law" denouncing the death penalty against
any of their nation who should propose the sale or exchange of their
lands.
_Lovely's purchase._--In the mean time the legislature of Arkansas,
through Acting Governor Crittenden, had forwarded to the President
in the summer of 1824, a memorial urging that the tract of country
known as "Lovely's purchase" be thrown open to white settlement by a
revocation of the prohibitory order of December 15, 1818. This the
President declined to do until a final adjustment should be made of the
west boundary of the Cherokees and the east boundary of the Choctaws.
A history of "Lovely's purchase" is to be found in a letter dated
January 30, 1818, from Major Long, of the Topographical Engineers,
to General Thomas A. Smith. From this it seems that by a treaty then
recently made (but without any authority) with the Osages, "by Mr.
Lovely, late Indian agent,"[320] that tribe had ceded to the United
States the country between the Arkansas and Red Rivers, and also a
tract on the north of the Arkansas situated between the Verdigris River
and the boundary established by the Osage treaty of 1808. It appears,
however, that it was not the intention of the Osages to cede to the
United States so large a tract on the north of the Arkansas, but, as
afterwards alleged by their chiefs, they only desired to surrender
the country lying south of a line commencing at the Falls of the
Verdigris and running due east to the treaty line of 1808, and east of
another line beginning at the same place and running due south as far
as their possessions should extend, and thence east again to the 1808
boundary, excepting and reserving therefrom the point of land between
the Verdigris and Six Bulls or Grand River. The Osages, never having
been informed that the treaty was not duly authorized and had not been
confirmed, still considered the country described therein as belonging
to the United States, and had repeatedly solicited whites to settle
on it, alleging that the main object of the cession on their part was
to secure the convenient approach of civilized neighbors, who should
instruct the men how to cultivate the ground and the women to spin and
weave, that they might be able to live when the forests should afford
no further supplies of game. They were therefore much irritated when
they found civilized settlements prohibited, in order to protect the
introduction and establishment adjoining or upon this territory of
their inveterate enemies, the Cherokees.
_Western outlet._--The indefinite outlet to the west which had been
promised the Cherokees by the President in 1818 formed the subject of
much complaint by them from time to time. In the spring of 1823[321]
they were advised that until their western boundary was established
it would be improper to make any decision upon the "outlet" question.
Two years earlier[322] it had been declared to them that in removing
settlers from "Lovely's Purchase," for the purpose of giving them their
western outlet, it must always be understood that they thereby acquired
no right to the soil, and that the Government reserved to itself the
right of making such disposition as it might think proper of all salt
springs therein. But this troublous question was definitively disposed
of when the treaty of 1828 came to be negotiated.
By the provisions of an act of Congress approved April 5, 1826,[323]
the land districts of the Territory of Arkansas were extended so as to
include all the country within the limits of that Territory as then
existing (the limits having been extended 40 miles to the west by act
of Congress of May 26, 1824),[324] with the proviso, however, that
nothing in the act should be so construed as to authorize any survey
or interference whatever upon any lands the right whereof resided
in any Indian tribes. Notwithstanding this proviso, reports became
current that surveys had been begun of "Lovely's Purchase," causing
much irritation and ill feeling among the Cherokees and eliciting an
order[325] from the Secretary of War forbidding any further surveys
until it should be finally ascertained how much land the Cherokees
were entitled to receive from the United States in pursuance of the
treaties of 1817 and 1819.
_Negotiation and conclusion of treaty of 1828._--Matters remained thus
_in statu quo_ until the spring of 1828, when a delegation of the
Western Cherokees arrived in Washington, clothed with authority to
present to the attention of the President their numerous grievances and
to adjust all matters in dispute for their people. The burden of their
complaints had relation to the delays that had occurred in fixing their
boundaries; to the failure to secure to them the promised "western
outlet;" to the adjustment of the hostilities that continued to exist
between themselves and the Osages; and to the irregularity in the
receipt of their annuities, as well as to the encroachments of white
settlers.[326]
The delegation were not clothed with authority to negotiate for
any cession or exchange of territory, the "perpetual law" against
entertaining such a proposition being still in force among them.
Notwithstanding this fact, a communication was addressed to them
from the War Department[327] desiring to be advised if they had any
objection to opening negotiations upon a basis of an exchange of land
for territory west of the west boundary of Arkansas, provided that
boundary should be removed a distance of 40 miles to the east, so as to
run from Fort Smith to the southwest corner of the State of Missouri,
and also that the Creeks should be removed from their location above
the Falls of Verdigris River to territory within the forks of the
Canadian and Arkansas Rivers. To this proposal the delegation returned
a polite but determined refusal, and demanded that the actual number of
acres to which they were entitled in Arkansas be ascertained and laid
off with exact definiteness. The whole subject of an exchange of lands
was thereupon submitted by the Secretary of War to the President for
his direction, and it was announced[328] to the visiting delegation
that the President had concluded to order a permanent western line
to be run, within which should be embraced the full quantity of land
to which they were entitled, and which was found to be, as nearly as
possible, as follows:[329]