In lieu of quantity ceded in North Carolina
(survey 70,000, estimate 630,000) 700,000
________
3,286,944
Less 12 miles square, school reservation in Alabama 92,160
________
3,194,784
As to their promised "western outlet," the President was unprepared to
say anything definite, inasmuch as that matter was then in the hands of
Congress.
From this showing it was made evident to the delegation, and no
opportunity was lost to impress the fact strongly upon them, that
if they insisted upon refusing to arrange for an exchange of lands,
instead of being entitled to a large additional tract beyond their
provisional western boundary, they would, in fact, be entitled to
several hundred thousand acres less than had already been placed in
their possession. In addition to this it was more than doubtful,
from the temper of the President and Congress, whether their long
anticipated "western outlet" would ever crystallize into anything more
tangible than a promise. With these facts staring them in the face,
with the alluring offers held out to them of double the quantity of
land possessed by them in Arkansas in exchange, with liberal promises
of assistance in their proposed new homes, and with the persistent
importunities of their agent and other United States officials, they
yielded, and the treaty of May 6, 1828,[330] an abstract of which
has been already given, was the result. It was promptly ratified and
proclaimed on the 28th of the same month.
So nervous were the members of the delegation, after the treaty had
been concluded and signed, as to the reception that would greet them
on their return home, that the Secretary of War felt the necessity of
giving them a letter of explanation to their people. In this letter the
Cherokees were advised of the integrity, good conduct, and earnest zeal
for the welfare of their nation that had invariably characterized the
actions of their delegation at Washington. The nation was assured that
their representatives had done the best thing possible for them to do
in the late treaty.[331]
Notwithstanding this testimonial, the delegation met with an angry
reception on their return home. Their lives and property were unsafe;
the national council pronounced them guilty of fraud and deception,
declared the treaty to be null and void, as having been made without
any authority, and expressed an earnest desire to send a delegation to
Washington clothed with power to arrange all differences.[332]
In the mean time Agent Duval had been advised[333] of the ratification
of the treaty, and Messrs. R. Ellis and A. Finney had been appointed,
in conjunction with him, as commissioners to value all improvements and
property abandoned by the Cherokees, and to sell the agency property as
a means of raising funds for the erection of mills in their new country.
_Survey of new boundaries._--The eastern line of this new Cherokee
country, dividing it from Arkansas, was surveyed in 1829,[334] but it
was not until April 13, 1831, that instructions were given to Isaac
McCoy to survey the remaining boundaries.
The fourth article of the treaty of 1828 contained a provision
requiring the United States to sell the property and improvements
connected with the agency for the erection of a grist and saw mill for
the use of the Indians in their new home. In lieu of this grist and saw
mill the United States furnished them with patent corn-mills to the
amount of the appraised value of the improvements. A tract in townships
7 and 8 of range 21, including these agency improvements, was surveyed
separately in 1829, and was commonly known as the "Cherokee Agency
Reservation." In after years the Cherokees claimed that they had never
been compensated for this so-called reserve and asserted that it still
belonged to them. After a dispute continuing through many years, it
was finally decided by the Secretary of the Interior, on the 28th of
June, 1878, that the reserve did not belong to the Cherokees, but that,
through the operation of the treaty with them, it became a part of the
public domain.
[Footnote 269: United States Statutes at Large, Vol. VII, p. 311.]
without delay, and to remove all white settlers and other objectionable
people living to the west of the east boundary of the Cherokee tract.
[Footnote 270: Meigs was appointed, May 15, 1801, superintendent of
Indian affairs for the Cherokee Nation and agent for the War Department
in the State of Tennessee.]
[Footnote 271: Letter of Meigs to General Wilkinson, dated Marietta,
Ohio, February 10, 1801. This letter is in reply to one received from
General Wilkinson, in which the latter, among other things, inquires if
he can in any way serve the former. Meigs replies: "I will answer these
kind inquiries truly. In the first place, I enjoy excellent health; in
the next place, I am doing what I can at farming business, endeavoring
to maintain a credible existence by industry. I have been for more than
two years one of the Territorial legislators; this, though credible,
is not profitable. My principal dependence for living is on the labor
of my own hands. I am confident, sir, you _can serve_ me, as you are
conversant with every department of the Government and may know what
places can be had and whether I am capable of being usefully employed.
I don't care what it is, whether civil or military or where situated,
provided it be an object which you shall think proper for me. I don't
know Mr. Jefferson; have always revered his character as a great and
good man. I am personally acquainted with Colonel Burr. He ascended
the river Kennebeck as a volunteer in the year 1775 and was with me
in the Mess a great part of that march to Canada. I think I have his
friendship, but he is not yet, perhaps, in a situation to assist me."
Colonel Meigs was also a member of the court-martial convened for the
trial of General Arthur St. Clair for the evacuation of Ticonderoga. He
died at his post of duty in February, 1823, as shown by a letter to the
Secretary of War from ex-Governor McMinn, dated the 22d of that month.]
[Footnote 272: May 30, 1820.]
[Footnote 273: Letter of Secretary of War to Attorney-General, July,
26, 1820.]
[Footnote 274: August 12, 1820.]
[Footnote 275: August 14, 1820.]
[Footnote 276: March 7, 1821.]
[Footnote 277: American State Papers, Public Lands, Vol. I, p. 125.]
[Footnote 278: January 7, 1822.]
[Footnote 279: June 15, 1822.]
[Footnote 280: August 24, 1822.]
[Footnote 281: November 19, 1822.]
[Footnote 282: March 17, 1823.]
[Footnote 283: February, 1823.]
[Footnote 284: March 17, 1823.]
[Footnote 285: Report of commissioners on file in Office Indian
Affairs.]
[Footnote 286: See correspondence between commissioners and Cherokee
council. American State Papers, Indian Affairs, Vol. II, pp. 465-473.]
[Footnote 287: October 28, 1823.]
[Footnote 288: January 19, 1824. This memorial is signed by John
Ross, George Lowrey, Major Ridge, and Elijah Hicks, as the Cherokee
delegation.]
[Footnote 289: January 30, 1824.]
[Footnote 290: February 17, 1824.]
[Footnote 291: February 28, 1824.]
[Footnote 292: Letter of Georgia delegation to Congress, March 10,
1824. Memorial of Georgia legislature to Congress, December 18, 1823.]
[Footnote 293: March 30, 1824.]
[Footnote 294: March 29, 1824.]
[Footnote 295: This Creek war was in large measure, if not wholly,
superinduced by the unlawful and unjust aggressions by citizens of that
State upon the rights and territory of the Creeks. Foreign emissaries,
however, it is true, encouraged and inflamed the just indignation of
the Creeks against the Georgians to the point of armed resistance.]
[Footnote 296: May 3, 1824.]
[Footnote 297: April 16, 1824.]
[Footnote 298: April 24, 1824.]
[Footnote 299: February 5, 1827.]
[Footnote 300: Letter of Rev. David Brown to Thomas L. McKenney,
December 13, 1825.]
[Footnote 301: United States Statutes at Large, Vol. IV, p. 217.]
[Footnote 302: March 13, 1827.]
[Footnote 303: June 4, 1828.]
[Footnote 304: January 26, 1828.]
[Footnote 305: March 20, 1828.]
[Footnote 306: April 20, 1820.]
[Footnote 307: Letter of Governor Miller, of Arkansas, to Secretary of
War, June 20, 1820.]
[Footnote 308: Letter of Secretary of War to Maj. William Bradford,
July 21, 1821.]
[Footnote 309: Letter of Secretary of War to Governor Miller, of
Arkansas, November 6, 1822.]
[Footnote 310: October 8, 1821, Governor Miller was instructed by
the Secretary of War to remove the Cherokees from lands south of the
Arkansas, but its execution was deferred several years pending the
establishment of the Cherokee boundaries.]
[Footnote 311: Secretary of War to Arkansas Cherokee delegation in
Washington, February 12, 1823.]
[Footnote 312: March 3, 1824.]
[Footnote 313: Indian Office to Cherokee delegation of Arkansas, March
13, 1824, and Secretary of War to Governor Crittenden, of Arkansas,
April 28, 1824.]
[Footnote 314: Secretary of War to Governor Crittenden, of Arkansas,
April 28, 1824.]
[Footnote 315: Indian Office to Agent E. W. Duval, Little Rock,
Arkansas, July 8, 1824.]
[Footnote 316: July 8, 1824.]
[Footnote 317: Secretary of War to Governor Izard, of Arkansas, April
16, 1825.]
[Footnote 318: See map on file in Indian Office.]
[Footnote 319: May, 1825.]
[Footnote 320: In a letter from Agent Meigs to the Secretary of War,
dated June 2, 1817, Major Lovely is spoken of as having been agent
residing with the Cherokees on the Arkansas. He had been an officer of
the Virginia line throughout the Revolution and participated in the
capture of Burgoyne. He had lived some time in the family of President
Madison's father, and went to Tennessee at an early day, whence (after
living many years among the Cherokees) he removed with the emigrant
party to the Arkansas. In a letter to the Hon. John Cocke from the
Secretary of War, December 15, 1826, it is, however, stated that Major
Lovely was a factor or trader in the Arkansas country, who took an
active part in the preliminary negotiations that led finally to the
conclusion of the treaty with the Osages of September 25, 1818. It
also appears from the same letter that the estimated area of Lovely's
purchase was 7,392,000 acres, and that when the west boundary line of
the Cherokees was run, in 1825, it was found that 200 square miles of
Lovely's purchase were included within its limits.]
[Footnote 321: Secretary of War to Arkansas Cherokee delegation in
Washington, February 12, 1823.]
[Footnote 322: Secretary of War to Arkansas Cherokee delegation in
Washington, October 8, 1821.]
[Footnote 323: United States Statutes at Large, Vol. IV, p. 153.]
[Footnote 324: United States Statutes at Large, Vol. IV, p. 40.]
[Footnote 325: April 3, 1827.]
[Footnote 326: Letter of T. L. McKenney to Secretary of War, March 18,
1828.]
[Footnote 327: March 27, 1828.]
[Footnote 328: April 11, 1828.]
[Footnote 329: The areas here given by the State authorities were
largely below the quantity actually contained within the limits of the
cessions within the States of Georgia, North Carolina, and Tennessee,
as will be seen by a glance at the table of such areas on page 378.]
[Footnote 330: United States Statutes at Large, Vol. VII, p. 311.]
[Footnote 331: Letter of Secretary of War to Western Cherokee
delegation. May 17, 1828.]
[Footnote 332: Letter of Sub-Agent Brearly to Secretary of War,
September 27, 1828.]
[Footnote 333: May 28, 1828.]
[Footnote 334: Letter of T. L. McKenney to Secretary of War, January
21, 1830.]