Today in Chickamauga History - March 26
1798, March 26: Appointment of Treaty Commissioners with Cherokee Indians - Jones provides the dates of the appointments of the commissioners who are to negotiate a treaty with the Cherokees. The instructions of George Walton, John Steele, and Alfred Moore are dated 30 March 1798 and the instructions of George Walton and Thomas Butler are dated 27 August 1798. - https://wardepartmentpapers.org/s/home/item/61650
1827, March 26: ARKANSAS TERRITORIAL PAPERS VOL XX – Page 430 – 433 - THOMAS L .. McKENNEY TO THE SECRETARY OF WAR - [NA:WD,SW Lets. Recd., I 161:LS 71]
DEPARTMENT OF WAR Off: Ind: Affairs. 26 th March, 1827.
To THE HoNbte JAMES BARBOUR, Secretary of War.
SIR, In regard to Lovely's purchase, so called, a tract of country in the Territory of Arkansas, containing about [blank] acres, I have the honor to state that it was acquired by Treaty, with the Osages of the 25 th Sept• in the year 1818; 72 that an order prohibitting the settlement of the same was issued by the Department of War on the 15 th Sept. of the same year 73-that for some years, both through the Legislature of the Territory/' and by the urgent entreaty of the
Delegate in Congress, Col° Conway,76 efforts were made to obtain a recall of said order, for the purpose of giving to the Citizens of Arkansas the privilege of Settling the lands embraced in said purchase-But these were as constantly resisted-
First, and chiefly on the grounds that as the Cheroke~ had ceded certain quantities of land in the States of North Carolina, Georgia, Tennessee, and Alabama, upon the express terms of a Treaty Obligation, which pledged to them "acre for acre", lands on Arkansas; and White rivers, and the quantity of lands ceded by them within these States not being known; and as these very lands might be required to make good this Stipulation, leave to settle the same by a withdrawal of said order was refused-refering the period for a decision of this question to that at which the result of the Surveys for the Indians should be known. The Surveys were in the first instance erroneously made by Governor Miller who mistook his instructions,76 when a new survey was ordered to be made in conformity to the terms of the Treaty. This Second and corrected Survey was made in the year 1824. Meanwhile a correspondence was opened with the Governor's of North Carolina, Georgia, and Tennessee, with the view of ascertaining the quantity of lands ceded in those States respectively; for that Ceded in Alabama, reference was had to the Gen 1 Land Office. The answers are not yet satisfactorily given, as much of these lands remain yet unsurveyed; and an estimate, only, has been given, which estimate the Cherokees insist is within the quantity to
which they are entitled. But
Secondly, Altho' not stipulated by Treaty it was solemnly promised to the Cherokees, by the President of the United States, in the year 1818-that they "should have no limits to the West, so that they might have good Mill seats, plenty of game, and not be surrounded by the White people".77 And that this obligation might be carried into full effect the lands of the Quapaws were purchased
This pledge to the Cherokees was renewed to them by the Secretary of War in 1821 in reply to their complaints that the promises of the Government had not been carried into effect in removing intruders from their lands,80 _in these words-"It has always been its (the Government) mtent1on to carry into full effect every promise made to you, and which I was under the impression had been done, particularly upon points now complained of, as orders were issued sometime since for the removal of the whites from your lands, and from the tract of Country West of your reservation commonly called "Lovelys purchase," 81 by which you would obtain the outlet promised.- Again-"It is always understood that in removing the white settlers from "Lovelys purchase" for the purpose of giving the outlet promised you to the West, you acquire thereby no right to the Soil, but merely to an outlet, of which you appear to be already apprized;
And that the Government reserves to itself the right of making such disposition, as it may think proper with regard to the "Salt Springs upon that tract of Country."
From this it would appear that the Government had resolved to maintain its pledge to these people in regard to an outlet, under any circumstances, the settling of so much of it only excepted as might be required for the working of the Salt Springs. '
Thus the affair rested until the passage of the Act of the 5th April 1826, to extend the Land Districts, in the Territory of Arkansas when on Col Conway's representation, (as understood from yourself) that this act looked to the accomplishment of what has been so long looked for, viz: the sale and settlement of said lands· and on the receipt of a letter to you from Col O Arbuckle, a Copy of rhich marked A, is herewith enclosed 83 -the subject was acted on in which the order of 1818, as in paper marked B, was relaxed. So soon as settlements commenced, the Indians became excited. I was not aware, myself, of the cause; and supposing the act extending
the land Districts, and which I had not seen, might have contained some such provision, I wrote to Mr Graham in Deer last, to enquire whether that act effected in any manner the order prohibitting the settlement of Lovely's purchase 84-and received his answer, which is herewith inclosed marked C, that it did not.
The Indians meanwhile, memoralized and sent on to the agent extracts of talks and pledges which had been made to them by President Monroe and Secretary Calhoun. These are enclosed, with the letter of the agent to the Department: 85-Subsequently Col 0 McCrea has addressed the Commissioner of the General Land Office, stating that the Indians having opposed the Surveys, he has suspended further operations, and waits for further orders.88
The question is, will the Government maintain the faith of the pledges given to the Indians, or violate them? It is true Congress has legislated and provided for. the Surveys, and this seems to imply the intention to settle and sell-But it is provided that "nothing in this act (5 th April 1826) contained, shall be construed as authorizing a survey, or interference, of any kind whatever, upon any lands, the right whereof is in any Indian Tribe".-
The right of the Indians to Lovely's purchase is not, it is true derived from Treaty-but can the obligations of the Government when expressed as they have been, be considered less binding? But part of this very tract, is vested in the Indians, and by Treaty----it is not known however whether the extension of the district as provided for in the act embraces that portion of it.
Under all the circumstances it is respectfully submitted whether it would not be better to suspend the 8urveys, and forbid the settlement of these lands at least until it shall be ascertained whether the limits of the surveys do, or do not embrace the quantity of lands Ceded by the Indians in Georgia, N. Carolina, Tennessee, and Alabama Because if they shall not, (and the Indians say they do not by 1.500 thousand acres) these lands will be required, in part, to make good the Stipulation of the Treaty which provides not only that "acre for acre" shall be given, but that the lands shall lie between the Arkansas and White rivers, and that the survey shall run up and between these for quantity.-
All which is respectfully submitted.
THO L M 0 KENNEY
[Endorsed] Indian Office 26. March, 1827. Report relative to a tract of land called Lovely's purchase.
THE SECRETARY OF WAR TO GOVERNOR IZARD - [NA:OIA, Lets. Sent, Bk. 3]
433 –
DEPARTMENT OF WAR March 26 th 1827
To His EXCELLy Govr IZARD
SIR, It appears that part of the Quapaws dissatisfied with their residence on Red River have returned to Arkansas. It is hoped they may consent to return, on assurances being given them that Justice shall be done them. If they will go, you are authorized to supply them with suitable aid to the amount of two thousand dollars. Or if they decline, and are in want, apply this sum there in relieving their necessities. You may give them the most positive assurances that. Justice shall be done them in the Caddo Country. - But if they decline to return, and the Cherokees will receive them, Humanity dictates that they be permitted, for the time being, and until some permanent arrangement can be made, to remain.
You will exercise a sound discretion in the intercourse with these unfortunate people. They complain of the loss of their corn by freshes--this may not happen again; and of the conduct of the Agent & the Caddo chief & Interpreter these complaints will be examined into, and if they be well founded, means will be taken to correct them.87
I have the Honor &
JAMES BARBOUR.