1825 Perpetual Law With the Penalty of Death For Sale or Exchange of Arkansas Lands
Arkansas Territorial Papers Volume XX Pages 326 - 329
TCNPress.Org
By Line: Fort Smith, Arkansas
June 6, 2025 5:00 a.m.
The Chiefs of The Chickamauga Nation recently discussed the following document and its implications on the 1828 7 Stat 311 Treaty.
The document below describes the Grand Council Meeting of the Western Cherokee or Arkansas Cherokee (The Chickamauga Nation) at Horsehead Creek, on the Arkansas River in 1824. This Grand Council Meeting was at John Jolly's Village Meeting Grounds in the Capital of The Chickamauga Nation West of the Mississippi River.
The Chiefs say that on page 328, this document proves that those who were deputized to go to Washington in 1828 were never given the rights or authority of the Tribe to sell or trade the Reservation in Arkansas and to do so would result in the immediate death upon return.
Page 326
THOMAS L. McKENNEY TO JOHN COCKE 87
[NA:OIA, Lets. Sent, Bk. 31
DEPARTMENT OF WAR,Off: Ind: Affairs. 15th December 1826.
To THE HONble ~JOHN COCKE, Ch: of the Commtee of Ind: Affairs,
H. R. U. S.
SIR, I have the honor in compliance with your request of the 12'" Inst to communicate the following information in regard to the settlement of certain Indians in the Territory of Arkansas, and the several propositions which have been made for their removal; together with their results.-Also the propositions which have been made from time to time in regard to a Tract of Land in said Territory called Lovely's purchase.
The tribes of Indians that now occupy part of the Territory of Arkansas, are Cherokees, formerly of Tennessee; Choctaws, formerly of Mississippi, and Osages, formerly of Missouri. These last have ceded recently all their lands in Arkan~as.8~
In 1808, Mr. Jefferson, in reply to the wishes of a deputation of Cherokees conveyed to him in person in this City, to have a line run to divide their upper from their lower Towns, pointed such as might prefer the Hunter state to the West of the Mississippi.-In 1809 he made them another and more formal talk, in which he told them that "those who wished to remain may be assured of our patronage; our -aid, and good neighborhood; those who wish to remove are permitted to send in exploring party to reconnoitre the Country on the waters of the Arkansas. and White River." Thev were further told that "when this party shall have found a tract of Country, suiting the
emigrants and not claimed by other Indians, that arrangements would be made for the exchange of that, for a just portion of the Country they might leave; and to a part of which, proportioned to their numbers they would have a right. Every aid towards their removal, and what would be necessary for them there, would then be freely administer'd to them, and when established in their new settlements we would still consider them our children &c."
The emigration then commenced, and by treaties of 1817,90 and 181991 it was stipulated that lands should be given them, acre for acre, on the Arkansas, and between it and White river, for such quantities as it might appear they had ceded on this side the Mississippi, and in the States of Georgia, Alabama, North Carolina 87 9 Representative in Congress from Tennessee.
88 Not found.
89 See ante, p. 43, n.
90 Concluded July 8, 1817, 7 STAT. 166-160 (art. 6).
91 Concluded Feb. 27, 1819, 7 STAT. 196-200.
Page 327
and Tennessee. The necessary surveys were made in January 1825, and the Cherokees put in possession of. the Country, thus surveyed in Arkansas, amounting to 4,264,096 acres.
In the Treaty of 1819, provision was made for paying a due proportion of the annuity due the Cherokees to their brethren who had gone west; and one third of the Sum due them was allotted for that purpose, to which the Cherokee Nation assented.
In 1824 an act passed appropriating 7000$, for holding a Treaty with the Quapaws in Arkansas.92 The Treaty was accordingly held; their Country purchased, and they were removed to the Red River, where they have joined the Caddoes. They ceded 2,769,000 acres.
Application, meanwhile, was made to the Executive by Mr. Conway, and by Memorial of the Legislature, for permission to settle a tract of Country called Lovely's purchase, which was purchased originally of the Big and Little Osages by Treaty of 25 Septr 1818 93 a valuable
tract of Country lying on the Arkansas of Triangular form, and between Frog Bayou, and Grand river, containing 7.392.000 acres- It was replied that the order prohibiting the settlement of this tract of Country could not be remanded until the Western boundary of the Cherokees shall be definitively fixed, and some definite arrangements entered into with the Choctaws, in relation to the Eastern boundary of the Tract ceded in this Territory to them.
Subsequently both these lines have been run-one of them the western boundary of the Cherokees has taken in of the tract designated Lovely's purchase about 200 Square miles, but does not embrace the parts of which the Citizens of Arkansas are most anxious to settle. These parts are said to abound in valuable Salt Springs and Metalic substances. The order prohibitting the settlement of this Country of 15th Decr 1818,94 yet remains in force, or at least has not been
rescinded by a counter order by the War Department. The name of this Tract is one which the Treaty, with the Big and Little Osages, does not recognize. It owes it to one Lovely who was a Factor or Trader in that Country, and who took part in the early negotiations
which resulted in the conclusion of the Treaty aforesaid.95
The Treaty of the 20tb January 1825 * with the Choctaws having for one of its objects a relief of the settlers who were within the Choctaw limits embraced nevertheless in its lines a portion of the Settlers. They were, in conformity to that Treaty, ordered to remove. The Indians themselves relaxed this order by giving those
92 4 STAT. 41.
93 7 STAT. 183-184.
94 Ante, XIX, 19.
95 See ibid., p. 6, n.
96 7 STAT. 234-236.
Page 328
settlers free permission to remain until the crops for the last year should be gathered.
Subsequently propositions were made to both the Cherokees and Choctaws to make further Cessions, and Governor Izard was instructed in April 1825," to open negotiations with the Cherokees. These instructions were complied with, but nothing was effected. In May 1825, the Cherokees of Arkansas passed what they call a perpetual law with the penalty of death annexed against any person of their nation who shall propose the sale or exchange of their lands. On the
26th Deer 1825,88 Governor Izard was instructed to open a negotiation with the Choctaws for a removal further West of their line. This also failed.
This is a rapid sketch of the negotiations with the Indians, first for peopling the Territory of Arkansas, and to relieve the States of Georgia, Alabama, North Carolina and Tennessee; and of subsequent efforts to relieve the Territory of Arkansas, by removing the Indians still further to the West, and of the results attending the efforts to accomplish this.
I have the honor to accompany this with two Maps 99 one of which is by Major Long; and upon it you will see in pencil marks, the limits of Lovely's purchase-beginning at the Arkansas river where the present Osage boundary line strikes said river at Frog Bayou, then up the Arkansas and Verdigris to the Falls of the Verdigris river, thence Eastwardly to the said Osage boundary line, at a point twenty leagues North of the Arkansas river, and with that line to the place of beginning. See Vol: Indian Treaties page 251-lSt Art. Osage Treaty 25th Septr 1818.
On the same Map is a red line running from A to B.-This was the line as fixed by Treaty with the Choctaws in October 1818-which line, by Treaty oft 20" January 1825, was changed so as to run, beginning on the Arkansas 100 paces East of Fort Smith and thence due South to Red River-with the understanding that this line shall constitute and remain the permanent boundary-(page 172-18t Article of Treaty aforesaid-See Vol: Indian Treaties.-) Further West is the line shewing the Western limits of the Arkansas Territory a-s- d- escribed C. D. and further West E, 33'. shewing the Western boundary between the United States and Mexico.
I enclose also a smaller Map. This will shew the settlements in Arkansas that the removal of the above line was intended to relieve.-
See Choctaw boundary line beginning at "the Town of Fulton"--and
97 Ante, p. 62.
98 Ante, p. 171.
99 Enclosed maps not present
Page 329
striking the Cherokee boundary line on the Arkansas. See double lines on said Map running from near Fort Smith to Red River.
On this Map also are shewn near the Kiamachie, settlements of Whites; and the report of Mr. Downes states that if the line should run as indicated, from the mouth of Canada river to the mouth of Jacks Fork of the Kiamachie, it would then include three hundred and seventy five families, averaging about seven persons each.
I have the honor, &c. &c.
THOS L. MCKenney.