Arkansas Territory and the Cherokee Indians - 1828
Records of the 20th Congress of the United States, concerning the Cherokee Indians living in the borders of Arkansas
A number of events happened up to this event of 1828. The Cherokee were moved to Arkansas and given land in the middle of the northern part of the state of Arkansas. Due to problems between the Osage and Cherokee Indians a buff area between the two tribes was set up called Lovely's Purchase. Arkansas saw how good this land was and make it part of Arkansas. In 1828 the indians agreed to resettle in what we know now as Oklahoma. Most of the land from Lovely's purchase was returned back to the indians except land in Benton Washington and Crawford counties. The document recorded below is the government's agreement with the Cherokee Indians. The Indians who were moved out of the Arkansas Territory were given a good rifle, a blanket (and one for each member of the family and five pounds of tobacco. He also received just compensation for the land they abandoned. The government was also responsible for the moving expense of the indians. This is a little hard to read and understand
Acts of the Twentieth Congress of the United States -1828
John Quincy Adams President of the United States of America
To all and singular to whom these presents shall come, greeting: Whereas, a Treaty between the United States of America and the Cherokee Nation of Indians, West of the Mississippi, was made and concluded at the City of Washington, on the sixth day of May, in the year of our Lord one thousand eight hundred and twenty eight, by James Barbour, Secretary of War, being specially authorized therefor by the President of the United States and certain Chiefs and Head Men of the Nation of Indians, on the part, and in behalf of, said nation; which Treaty is in the words following, to wit:
Articles Of Convention, conclude at the City of Washington this sixth day of May, in the year of our Lord one thousand eight hundreds and twenty eight, between James Barbour, Secretary of War, being especially authorized therefor by the President of the United States, and the undersigned, Chiefs and Head Men of the Cherokee Nation of Indians, West of the Mississippi, they being duly authorized and empowered by their Nations.
Whereas, it being the anxious desire of the government of the United States to secure to the Cherokee nation of Indians, as well those now living within the limits of the Territory of Arkansas. as those of their friends and brother who reside in States East of the Mississippi, and who may wish to join their brothers of the West, a permanent home, and which shall, under the most solemn guarantee of the United States, be, and remain their's forever - a home that shall never, in all the future in the future time, be embarrassed by having extended around the lines, or placed over it the jurisdiction of a Territory or State, nor be pressed upon by the extension, in way, of any of the limits of any existing Territory or State; and. Whereas, the present location of the Cherokee in Arkansas being unfavorable to their present repose, and tending, as the past demonstrate, to their future degradation and misery; and the Cherokee being anxious to avoid such consequence, and yet not questioning their right to their lands in Arkansas,. as secure to them by Treaty, and resting also upon the pledges given them by the President of the United States, and the Secretary of War, of March, 1818, and 8th October, 1821, in regards to the outlet to the West, and as may be seen on referring to the records of the War Department still being anxious to secure a permanent home, and to free themselves and their posterity, from an embarrassing connexion with the Territory of Arkansas, and guard themselves from such connexions in future; and, Whereas, it being important, not only to the Cherokee only, but also to the Choctaws, and in regard also to the question which may be agitated in the future respecting the location of the latter, as well as the former, within the limitations of the Territory or State of Arkansas, as the case may be, and their removal therefrom; and to avoid the cost which may attend negotiation to rid the Territory or State of Arkansas whenever it may become a State, of either, or both of these Tribes, the parties hereto do hereby conclude the following Articles, viz:
Art. 1. The Western boundary of Arkansas shall be and the same is, hereby declines, viz: A line shall be run, commencing same on Red River at the point where the Eastern Choctaw line strikes said river, and run due North with said line to the River Arkansas hence in a direct line to the South West corner of Missouri.
Art. 2 The United States agree to possess the Cherokee and to guarantee it to them forever, and that guarantee is hereby solemnly pledged, of seven million acres of land, to be boarded as follows , viz: Commencing at that point on Arkansas River where the Eastern Choctaw boundary line strike said River, and running thence with the Western line of Arkansas, as defined in the foregoing article, to the South West corner of Missouri, and thence with the Western boundary line of Missouri till it crosses the water of Neasho. generally called Grand River, thence due West to a point from which a due South course will strike the present North West corner of Arkansas Territory, thence continuing due South, on and with the present Western boundary line of the Territory to the main branch of the Arkansas River, thence down said River to it junction with the Canadian River, and thence up and between the said River Arkansas and Canadian, to a point at which the line running North and South from River to River, will give the aforesaid seven million of acres. In addition to seven million of acres thur provided for, and bounded, the United States further guarantee to the Cherokee Nation a perpetual outlet, West of the Western boundary of the above described limits, and as far West as the sovereignty of the United States, and their right soil extends.
Art. 3 The United States agree to have the lines of the above cession run without delay, say not later than the first of October next , and to remove, immediately after running of the Eastern line from the Arkansas River to the South West corner of Missouri, all white persons from the West to the East of said line , and also all others, should there be any there who may be unacceptable to the Cherokee, so that no obstacle arising out of the presence of a white population, od a population of any other sort, shall exist to annoy the Cherokee --- and also keep all such from the West of said line in future.
Art. The united States moreover agrees to appoint suitable persons whose duty it shall be, in conjunction with the Agent, to value all such improvements as the Cherokee may abandon in their removal from their present homes to the District of Country as ceded in the second Article of this agreement, and to pay for the same immediately after assessment is made, and the amount ascertained.It is further agreed, that the property and improvements connected with the agency, shall be sold under direction of the Agent, and proceed to which the Cherokee are going, of a grit, and Saw Mill for their use. The aforesaid property and improvements are thus defined; Commence at the Arkansas River Opposite William Stinnetts, and running due North one mile, thence due East to a point from which a due South line to the Arkansas River would include the Chalybeate, or Mineral Springs, attached to or near the present residence of the Agent, and thence up said River (Arkansas)to the place of beginning.
Art. 5 It is further agreed, that the United States, in consideration of the inconvenience and trouble attending the removal, and on account of reduced value of a great portion of the lands herein ceded to the Cherokee, as compared with that of those in Arkansas which were made theirs bt he Treaty of 1817, and Convention of 1819, will pay to the Cherokees, immediately after their removal which shall be within fourteen months of the day of this agreement, the sum of fifty thousand dollars; also an annuity, for three years, of two thousand dollars, towards defraying the cost and trouble which may attend upon going, after and recovering their stock which may stray into the Territory in quest of the pasture from which they may be driven --- also, eight thousand seven hundred and sixty dollars, for spoliations committed on them, (the Cherokees,) which sum will be in full of all demands of the kind up to this date, as well those against the Osage, as those against citizens of the United States --- this being the amount of claims for said spoliations, as rendered by the Cherokee and which are believed to be correct and fairly stated ___ Also one thousand two hundred dollars for the use of Thomas Graves, a Cherokee Chief, for losses sustained in his property, and for personal suffering endured by him when confined as a prisoner, on a criminal, but false accusation; also, five hundred dollars for the use of George Guess, another Cherokee, for the great benefits he has conferred upon the Cherokee people, in the benefits results which which they are now experiencing from the use of the Alphabet discovered by him to whom also, in consideration by him, to whom also, in consideration of his relinquishing a value saline, the privilege is hereby given to locate and occupy another saline on Lee's Creek. It is further agreed by the United States, to pay two thousand dollars, annually, to the Cherokee, for ten years, to be expanded under the direction of the President of the United States in the education of their children, in their own country, in letters and the mechanic arts; also, one thousand towards the purchase of a Printing Press and Types to aid the Cherokee in the progress of education, and to benefit and enlighten then as a people, in their own, and our language. It is agreed further, that the expense incurred other than that paid by the United States in the erection of the building and improvements, so far that may have been paid by the benevolent society who have been, and yet, engaged in instructing the Cherokee children, shall be paid to the society, it being the understanding that the amount be expanded in the erection of other buildings and improvements, for like purpose, in the country herein ceded to the Cherokee. The United States relinquish their claim due by the Cherokees to the late United States Factory, providing the same does not exceed three thousand five hundred dollars.
Art. 6. It is moreover agreed, by the United States, when over the Cherokee may desire it, to give them a set of plain laws, suit to to their conditions --- also, when they may wish to lay off their lands, and own them individually, a surveyor shall be sent to make surveys at the cost of the united States.
Art. 7. The Chiefs and Head Men of the Cherokee Nation, aforesaid, for and in consideration of the foregoing stipulations and provisions, do hereby agree, in name and behalf of their Nation, to give up, and they do hereby surrender to the United States, and agree to leave the same within fourteen months, as herein before stipulated, all the land to which they are entitled in Arkansas, and. which were secured to them by the Treaty of 8th January, 1817, and the Convention of the 27th February, 1819.
Art. 8 The Cherokee Nation, West of the Mississippi having, by this agreement, freed themselves from the harrassing and ruinous effects consequent upon location amidst a white population, and secured to themselves and their posterity, under the solemn sanction of guarantee of the United States, as contained in this agreement, a large extent of unembarrassed country; and that there Brothers yet remain in the States may be induced to join them and enjoy the repose and blessing of such in the future, it is further agreed, on the part of the United States, that each Head of the Cherokee family now residing within the chartered limits of Georgia, or either of the States, East of the Mississippi, who may desire to remove West, shall be given, on enrolling himself for emigration, a good Rifle, a Blanket, and Kettle, and five pounds of Tobacco: ( and to each member of his family one Blanket,) also, a just compensation for the property he may be abandon, to be assessed by persons to be appointed by the President of the United States. The cost of emigration of all such shall also be borne by the United States, and good and suitable ways opened, and provisions procured for their comfort, accommodation, and support, by the way, and provisions for twelve months after their arrival at the Agency; and to each person, or head of the family, if he take along with him four persons, shall be paid immediately on his arriving at the Agency and reporting himself and his family, of fellowers, as emigrants and permanent settlers, in addition to the above. provided he and they shall have emigrated from within the Charter limits of the State of Georgia, the sum of fifty dollars, and this sum in proportion to any greater or less number that may accompany him from within the aforesaid Charter limits of the State of Georgia.
Art. 9. It is understood and agreed by the parties to this Convention, that a Tract of Land, two miles wide and six miles long, shall be, and the same hereby, reserved for the use and benefit of the United States, for the accomodation of the military forces which us now, or which may hereafter be, stationed at Fort Gibson, on the Neasho, or Grand River, to commence on said River half a mile below the aforesaid Fort, and to run thence due East two miles, thence Northwardly six miles, to a point which shall be two miles distance from the River aforesaid thence, West to the said river and down it to the place of beginning. And the Cherokee agree that the United States shall have and possess the right of establishing a road through their country for the purpose of having a free and unmolested way to and from said Fort.
Art. 10. It is agreed that Captain James Rogers, in consideration of his having lost a horse in the service of the United States, and for service rendered by him to the United States, shall be paid, in full for the above, and all other claims for loses and services, the sum of Five Hundred Dollars.
Art. 11. This Treaty to be binding on the contracting parties so soon as it is ratified by the President of the United States, by and with the advice and consent of the Senate. Done at the place, and on the day and year above written
Chiefs of the Delegation
* BLACK FOX, his X mark, * THOMAS GRAVES, his X mark * GEORGE GUESS, * THOMAS MAW, * GEORGE MARVIS, * JOHN LOONEY, * JOHN ROGERS, * J. W. FLAWEY Counsellor of Del. Witnesses : THOM. l. M'KENNEY, JAMES ROGERS, Interpreter D. KURTZ, H. MILLER, THOMAS MURRY, D. BROWN, Secretary Cherokee Delegation, PIERYE PIERYA, E.W. DUVAL, U.S. Agent
Now, therefore be it known, that I. John Quincy Adams, President of the United States of America, having seen and considered the said Treaty, do, in the pursuance of the advice and consent of the Senate, as expressed by their resolution of the twenty third instant, accept, ratify, and confirm the same, and every clause and article thereof, with the following provisio:
"Provided nevertheless that the said Convention shall not be so constructed as to extend the Northern Boundary of the 'Perpetual Outlet West.' provided for and guaranteed in the second article of said Convention, North of the thirty sixth degree of North latitude, or so to interfere with the lands assigned, or to be assigned, West of Mississippi River, to the Creek Indians who have emigrated, or may emigrate, from the States of Georgia and Alabama, under the provisions of any Treaty or Treaties heretofore conclude between the united States and the Creek tribe of Indians; and provide further, That nothing in the said Convention shall be constructed to cede or assign to the Cherokee any lands heretofore ceded or assigned to any tribe of Indians, by any Treaty now existing and in force, with any such tribe or tribes."
In testimony whereof, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand.
Done at the City of Washington, this twenty eight day of May, In the year of our Lord one thousand eight hundred and twenty eight, and of the Independence of the United States the fifty-second.
John Quincy Adams
By the President: H. Clay, Secretary of State
1828 Department of War, 31st May 1828 To the Hon. Henry Clay Secretary of State Sir: I have the honor to transmit, herewith, the acceptance of the terms, by the Cherokees, upon which the recent Convention with them was ratified.You will have the goodness to cause the same to be attached to the Treaty, and published with it.
I have the honor to be, very respectfully, your obedient servant,
Sam'l I Southard.
Council Room, Williams Hotel Washington, May 31st, 1828 To the Secretary of War, Washington City Sir: The undersigned, Chiefs of the Cherokee Nation, West of the Mississippi, for and in behalf of said Nation, hereby agree to, and accept of, the terms upon which the Senate of the United States ratified the Convention, concluded at Washington on the sixth day of May, 1828, between the United States and said Nation. In testimony whereof, hereunto subscribe their manes and affix their seals
Thomas Graves, His X mark, George Maw, His X marks, George Guess, His X marks Thomas Marvis, His X marks John Roger
Signed and Sealed in the presence of Thomas Murray James Rogers, Interpreter V. W. Duval, U. S. Agent