For many years there had been much doubt and dispute concerning the
correctness of the boundary line between the Cherokee Nation and the
adjacent States. Especially had this been the cause of much controversy
with the citizens of Arkansas. In the interest of a final adjustment
of the matter, it was stipulated in the twenty-first article of the
Cherokee treaty of July 19, 1866, that the United States should, at its
own expense, cause such boundary to be resurveyed between the Cherokee
Nation and the States of Arkansas, Missouri, and of Kansas as far west
as the Arkansas River, and the same should be marked by permanent and
conspicuous monuments by two commissioners, one of whom should be
designated by the Cherokee national council.
Nothing definite was done in pursuance of this provision until the
year 1871, when W. D. Gallagher was[668] appointed a commissioner on
behalf of the United States to co-operate with the commissioner on the
part of the Cherokees. Mr. Gallagher declined and R. G. Corwin was
substituted in his stead[669], but he having also refused to serve, the
place was finally filled by the appointment[670] of James M. Ashley.
The Cherokee national council on their part selected John Lynch Adair.
The commission advertised for proposals for the surveying, and, as a
result, entered into contract with D. P. Mitchell, who completed the
survey to the satisfaction of the commissioners.[671] The new line from
Fort Smith, Ark., to the southwest corner of Missouri ran north 7° 50'
west, 77 miles 39.08 chains; thence to the southeast corner of the
Seneca lands it ran north 0° 02' west, 8 miles 53.68 chains. The north
boundary between the nation and the State of Kansas, extending from the
Neosho to the Arkansas River, was protracted due west on the 37° of
north latitude and was found to be 105 miles 60 chains and 75 links in
length. The report of the commissioners was approved by the Secretary
of the Interior, and although some distress for the time being was
occasioned to individual settlers, whose improvements were by the
resurvey of the line thrown within the limits of the Indian Territory,
the boundary has been so plainly marked that "he who runs may read."