Today in Chickamauga History - December 24
1827, December 24: ARKANSAS TERRITORIAL PAPERS VOL XX – Page 570 – 573 - MEMORIAL TO THE PRESIDENT BY THE TERRITORIAL ASSEMBLY - [NA:OIA, Lets. Recd. (Cherokees W.) :DS 98] -
[Received December 24, 1827]
To the President of the United States.
The memorial of the General Assembly, of the Territory of Arkansas, respectfully represents; That by the treaty of general Jackson, and Others, with the Cherokee indians of the 8th of July 1817, 97 there was Ceded to that nation a portion of Country in Arkansas territory, in exchange for lands east of the Missisippi beginning on Arkansas river at the mouth of Point Remove, and running northwardly to White river, at the bluff above Shields' ferry, and "Up both rivers for
Complement", which line has been surveyed according to the provisions of the treaty, and established to the satisfaction of the indians. -But for some cause unknown to the Legislature the western boundary is not yet established although more than ten years have elapsed since the making of said treaty, which has been a subject of much interest to the Citizens of Arkansas, and of dissatisfaction to the indians, your memorialists are informed that a provisional line has been run by direction of the government of the United States, which leaves the Subject still unsettled, and causes much dissatisfaction, both to the indians and whites, The above provisional line your
memorialists conceive has not been run according to the provisions of said treaty-The tract of Country Ceded to the Cherokees in Arkansas was that acquired from the Osages by treaty of the 10th of November 1808,98 which lay east of a line beginning at Fort Clark on the Missouri river and running due South to Arkansas river; the Cherokees can have no right to Claim of the United States, lands which they did not possess at the execution of that treaty of 1817-
The lands west of said line were acquired from the Osages by the treaty at St Louis of September 25th 1818,99 more than one year subsequent to the treaty of Cession to the Cherokees; Yet by the provisional line about 120.000 acres of land acquired by treaty with the Osages in 1818, fall within the limits of the Cherokee lands; the above tract of 120.000 acres of land lies near the margin of the Arkansas river, disconnects the white settlements, and is about forty miles in length and no part of the line is more than four or five miles from the Arkansas river; The distance of said line from the Arkansas river at its intersection of the line from Fort Clark does not exceed four miles at which place your memorialists think said line should have terminated;
East of said line from Fort Clark, and between Arkansas, and White river, there is more land than will amply satisfy any claim, or pretended claim which the Cherokees have made, to lands west of the Missisippi, under the treaties of July 8th 1817 and of February 27th 1819.1 Another objection to said line is that it gives the Cherokees a much greater front on Arkansas than it does on White river which was not anticipated by said treaty. Your memorialists believe that upon no principle of justice or Contract can the Cherokees claim lands of the United States which they did not Own on the 8th of July 1817, nor is it believed that it was the intention of the Executive of the United States, to Cause to be assigned to them any lands which were acquired subsequently to the above date, but believe it to be an error which Originated with the individual who surveyed said line. When the above facts are taken into consideration by the President, Your
memorialists flatter themselves that he will not hesitate to cause said line to be corrected, and permanently established according to the true intent of said treaty. They are the more certain that such will be his determination when he calls to his recollection the exposed situation of the frontier of Arkansas, Surrounded and incumbered as it is, by an immense indian population, and the necessity which exists of guarding against indian hostilities, and aggressions, by setling speedily all disputes relating to indian boundaries, and strengthening by all possible means, the border settlements of the territory. At the first session of the last Congress, a law was passed extending the land districts, of this territory, to include the lands west of the Cherokees,2 and assurances were received that a portion of Loveley's purchase, should be immediately Surveyed, and brought into market,- This information has already induced, more than three hundred
families to settle in this tract of Country; a large portion of whom, are persons who resided in the Country ceded to the Choctaw indians; and from the current of emigration now setling to that Country, and from all the information which we have on the subject, we feel confident, that by next planting season, Loveley' s purchase will contain one thousand families; These anticipations have induced the Legislature of Arkansas to organize the Country into a Separate County3- Your memorialists have learned with regret, that, in consequence of the complaints of the indians and the unsettled state of their boundary, the surveying of Loveleys purchase has recently been suspended. It is a fact well known to the people of Arkansas, that the Cherokees have long desired to possess themselves of Loveley's purchase, and that they have exercised every art which their ingenuity could invent to induce the government to withhold it from sale, and settlement. This disposition of the indians was created by the knowledge which they possessed of the great value of the Country, on account of its mineral qualities, its salines, its genial climate, fine water, and fertile soil, and it is also equally Certain, that no indulgence, or favours, granted to the Cherokee indians, by the government, to Conciliate, or gratify them, will silence their murmurs, or satisfy their claims. They are a restless dissatisfied, insolent and ambitious tribe, engaged in Constant intrigues with neighbouring tribes, to foment difficulties, produce discord,
and def eat the great object of the government, in promoting the civilization, of the indians, and preserving peace among them. Your memorialists have long entertained, the belief that the most effectual measure to defeat their designs, and paralize their wicked efforts was to surround them by white settlements, and Confine them to their own lands·, This measure would also have the additional good effect of promoting their own Civilization, and knowledge of agriculture. The
settlement of Loveley's purchase will be the most efficient means of effecting this desirable object.
The General Assembly of the Territory of Arkansas has presented this important Subject to the Consideration of the President, with the fullest Confidence that his decision will be marked by the same degree of liberality, and justice; which have Characterized all his acts, in relation to subjects involving the interests of Arkansas.
A.H. SEVIER
Speaker of the house of representatives
. D. T. WITTER
president of the Legislative Council
[Endorsed] 1827-Arkansas Territory Memorial of the Legislature relative the boundaries of the Cherokees under the treaty of 1817, which have not yet been established & the dissatisfaction arising therefrom both to the Indians and our citizens &c-Ind: Office 24 Deer Transmitted by Govr Izard