Today in Chickamauga History - March 18
1828, March 18: ARKANSAS TERRITORIAL PAPERS VOL XX – Page 625 – 629 - THOMAS L. McKENNEY TO THE SECRETARY OF WAR - [NA:WD,SW Lets. Recd., M88:LS 67] -
DEPARTMENT OF WAR Office Ind: Affairs March 18h 1828
To THE HON: THE SECRETARY OF WAR.
SIR, I beg leave respectfully to submit the following brief outline in reference to the subjects contained in the letter of the Cherokee delegation 68 pt As to the non-fulfilment of the provision in the Treaty of 8 th July 1817,69 which stipulates for a Country on the Arkansas "acre for acre", in lieu of that ceded by them East of the Mississippi. The reasons why nothing further has been done towards the location of their country in Arkansas are
First-An error was committed by Govr Miller he having misconceived his instructions in the first survey.70 It required time to correct this.
Second-When corrected, a provisional line only could be run, because there was no data on which fix a permanent one. Some of the states had made returns of surveys, but others had not -nor have they yet. It would certainly have been proper to have fulfilled promptly the obligation imposed by the Treaty, and this would have been done had the states for whose benefit the lands were acquired made and reported the surveys. Letters have been addressed to the Governors of the States, in which the ceded country lies, hut returns in part only have been received on actual survey, the rest on estimates.
Without the data on actual surveys, therefore, there could be no actual surveys of the lands given in exchange in Arkansas - Hence a provisional & West line was adopted. But no injury, it is presumed, has happened in consequence of this delay, :o the Cherokees in Arkansas except such as has arisen out of their fears, and doubts, as to the ulterior views of the Government; and the settling of a portion of those lands which they believe will be embraced within their own limits, when the actual survey shall be made. It would certainly have been better, and would be now, either to have the surveys made, or to agree upon some data, as to quantity, and settle the controversy upon this point, unless, indeed, it shall be deemed better wholly to change the basis so as to give them other limits. The benefits of this suggestion I will remark upon in the sequel.
In regard to the promise made to the Cherokees that Lovely’s purchase should be reserved as they state; and that they should have a perpetual outlet to the West, it is all true-~or can the Government in good faith to these people, decline the execution of the solemn pledges made to them from time to time on that subject -copies of which are truly made by them, in their references m their letter.
The difference between the Cherokees and the Osages ought to be settled -and if mercy cannot be permitted by them to interfere, the justice should be ordered to visit the Murderer by a call upon his nation to surrender him -This call, however, should be in the form of advice, and sustained by appeals to them to give up the guilty to save their innocent people from suffering. But I think it probable the delegation may be induced to bury the hatchet m. this case, m. some
final settlement which it is hoped may be made with them, & in the plan I shall presently propose.
The same mode of settlement may be resorted to for the satisfaction of Graves, who was imprisoned on a charge of murder, of which a Jury acquitted him. His case was a hard one. Over it however the department had no control. He did petition for remuneration for his sufferings and losses, and the Congress was refer’d to in answer as the only resort. But this may be embraced in the plan to be refer’d to presently.
The irregularity in receipt of Annuities, is one which can it is true, be corrected by the Department, -but not, perhaps, by transmitting them other than direct to the Governor of the Territory. They are always punctually sent from here. But it seems the delay complained of, is attributed, by the Delegation to the Governor who is Exofficio Superintendent of Indian Affairs. As to the balance alledged yet to be due them, the Superintendent is accountable for it and he
was written to 20 th March 1827,7 1 but no answer has been received.72,._Mr Duval the Agent says, Gov' Izard reports that he has no money in his hands.
The claims referred to against the Osage Nation, and which it appears Lovely promised in behalf of the U States to pay, the Treaty making no provision for them, they were not, it is presumed, for that reason, attended to. In this particular also, Justice may be done in a new arrangement; as also in regard to claims & spoilations refer'd to under the 6 th and last head-about which nothing is known at this Office.
I will now proceed to submit a plan of adjustment of all those difficulties.
In the first place I conceive the U States to be bound in good faith to ascertain the actual quantity of land obtained of the Cherokees in North Carolina, Georgia, Alabama, & Tennessee; and to give them, on actual survey an equal quantity in Arkansas. The Treaty is binding on this point. In doing this, however, the states in which surveys have not been made, would be run to considerable expense· and many of the Citizens of Arkansas greatly distressed by the obligation which would follow the survey, of removing from within the limits of the Indian boundary. ·
The alternative I would submit is one which will cost but little and at the same time free the Citizens of Arkansas, except a few squatters, from the evils of which they now so loudly complain. It is to give the Indians, lands, west of a line to be drawn, beginning at Fort Smith and runing in a direct course to the south west corner of Missouri, and thence north and up the western boundary of Missouri, an? across the_ head Waters of grand river, thence westwardly to a point from which a due South course to the Arkansas River would give the quantity.
This will releive the subject of its principal difficulties, if the Indians will agree to it -but it will be attended with some others, but in my opinion of minor consideration.
First-The forty miles West, added to the Western boundary of Arkansas by act of Congress of 26th May 1824,73 will have to be so modified as to run with the proposed dividing line from Fort Smith to the S. W. corner of Missouri, as above.
Second-The Creeks would have to be brought down from their present situation above the falls of the Verdegris to the forks between the Canadia and Arkansas-which, however it is fair to presume would be very acceptable to them, since nothing but the provision in the Treaty which forbade their settling in any state or Territory, Kept them from selecting.
There will have to be either a survey of the lands ceded East of the Mississippi, or on an estimate agreed upon. The latter it is presumed can be had to the satisfaction of the parties.
That Arkansas would be releived by this arrangement is manifest from a view of the map. It would take out of the heart of the Territory this Indian population of which there is abundant proof they wish to get rid; and the only effect will be a removal of the western line 40 miles east, & where, or nearly where it once stood. It would disembarrass the subject also of those future collisions which would be sure to arise should they remain in their present location, & especially
when the provisional line, as is believed would be the case, if all the lands due them were embraced, would extend West from where it now runs, at least twenty miles. Such a releif would be vastly beneficial to the future prosperity and. repose of Arkansas, and relieve the Government from the harrassing calls of its population to get rid of the Indians.
As to the Creeks I am confident they will be glad to drop down; and now in regard to them, is the proper time, before they are too numerous and too firmly established to be moved. They could drop down by water, in Canoes-the distance being only 25 miles.
In making this arrangement the case referred to of Graves, and the difficulty with the Osages and the claims of the Delegation could be provided for-and might be used as inducements to effect it.
If it is your pleasure a reply can be prepared, sounding the delegation upon these views.
I accompany this outline with a map74 which shews the present limits, (and up to the line marked "Provisional line") of the Cherokees; in Arkansas. Also a "supposed line," west of the provisional line which may indicate what the limits would be, should the actual survey be made. Also within the points A. B. C. the tract called "Lovelys purchase"-also in Red Ink, double lines= shewing the direction from Fort Smith to the S. West corner of Missouri, and a red line west & an angle of another South, looking towards the Arkansas for quantity.75
Respectfully Submitted THO: L: McKENNEY
[Endorsed] McKenney. T. L. 18 March, 1828. In answer to the subjects contained in the letter of the Cherokee delegation.
1839, March 18: The detachment of John DREW arrives at Ft. Gibson.