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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Indian Land Cessions in the United States, 1784 to 1894
Date: May 6, 1828
Where or how concluded: Washington, D. C.
Reference: Statutes at Large, Volume VII, page 311.
Tribe: Cherokee nation west of Mississippi river.
Description of cession or reservation: The western boundary of Arkansas shall be, and is hereby defined, viz.: A line shall be run commencing on Red river at the point where the eastern Choctaw line strikes said river and run due N. with said line to the river Arkansas, thence in a direct line to the SW. corner of Missouri.
The U. S. agree to possess the Cherokees and to guarantee it to them forever, and that guarantee is hereby solemnly pledged, of 7,000,000 acres of land to be bounded as follows, viz.: Commencing at that point on Arkansas river where the eastern Choctaw boundary line strikes said river, and running thence with the western line of Arkansas, as defined in the foregoing article, to the SW. corner of Missouri, and thence with the western boundary line of Missouri till it crosses the waters of Neasho, generally called Grand river; thence due W. to a point from which a due S. course will strike the present NW. corner of Arkansas territory; thence continuing due S. on and with the present western boundary line of the territory to the main branch of Arkansas river; thence down said river to its junction with the Canadian river, and thence up and between the said rivers Arkansas and Canadian to a point at which a line running N. and S. from river to river will give the aforesaid 7,000,000 acres.
In addition to the 7,000,000 acres provided for as above, the U. S. further guarantee to the Cherokee nation a perpetual outlet W., and a free and unmolested use of all the country lying W. of the western boundary of the above described limits and as far W. as the sovereignty of the U. S. and their right of soil extend.
It is agreed that the property and improvements connected with the Cherokee agency shall be sold under the direction of the agent and the proceeds applied to aid in the erection in the new country of the Cherokees of a grist and sawmill for their use. Said property and improvements are thus defined: Commence at the Arkansas river opposite William Stinnett's and run due N. 1 mile, thence due E. to a point from which a due S. line to the Arkansas river would include the Chalybeate or Mineral Spring attached to or near the present residence of the agent, and thence up the Arkansas river to the beginning.
The Cherokees aforesaid agree to give up and surrender to the U. S., and to remove within 14 months therefrom, all the lands to which they are entitled in Arkansas and which were secured to them by the treaty of Jan. 8, 1817, and the convention of Feb. 27, 1819.
It is agreed that a tract of land 2 miles wide and 6 miles long shall be reserved for the use of the U. S. for the accommodation of the military force which is or may be stationed at Fort Gibson on the Neasho or Grand river, to commence on said river one-half mile below said fort and run thence due E. 2 miles; thence northwardly 6 miles to a point which shall be 2 miles distant from the river aforesaid; thence due W. to said river, and down it to the place of beginning, and the U. S. shall have a free right of way for a road to and from said fort.
Historical data and remarks: This is the present W. boundary of Arkansas. It was surveyed by Joseph H. Brearly in the fall of 1828. The plat and field notes were filed in the Office of Indian Affairs with his letter of Dec. 2, 1828.
This tract when examined was found to include the tract selected by the Creeks under treaty of Jan. 24, 1826, and the boundaries were therefore changed by treaty of 1833, so as to exclude the Creek tract.
This "outlet" extended to the one hundredth meridian of W. longitude, that being the then W. boundary of the U. S. in that locality.
The Senate in passing upon the provisions of this treaty amended this article so as to provide that the northern boundary of such "western outlet" should not extend N. of 36ø, should not include any lands assigned or to be assigned to the Creeks, and should not be construed to include any lands previously ceded or assigned to any other tribe by treaty provisions yet in force.
In lieu of a grist and saw mill the U. S. furnished to the Cherokee corn mills to the full value of this reserve. Upon a subsequent claim of title to this reserve by the Cherokee, it was decided to belong to the U. S., and to be a portion of the public lands. It contained 3,246.5 acres.
The E. line of this tract ran from Point Remove on the Arkansas N. 53ø E. 71 miles and 55 chains to Shields Ferry on White river, and was surveyed by General Rector in 1818-19. The W. line of this tract began on Arkansas river at Table Rock Bluff; ran N. 1 mile and 70 chains; thence N. 53ø E. 132 miles and 31 chains to White river opposite the mouth of Little North Fork. It was surveyed in Jan. and Feb., 1825.
This reserve was subsequently abandoned by the U. S. and reverted to the Cherokee nation, who divided it into town lots and sold it. During the civil war it was reoccupied and garrisoned by the U. S. troops and is yet so occupied.
View maps: Arkansas 2 ~ Indian Territory 3
Designation of cession(s) on map: 143~144
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