A provisional western boundary having been run, which proved
unsatisfactory both to the western Cherokee and to the people of
Arkansas, an effort was made to settle the difficulty by arranging an
exchange of the Arkansas tract for a new country west of the Arkansas
line. So strongly opposed, however, were the western Cherokee to this
project that their council, in 1825, passed a law, as the eastern
Cherokee and the Creeks had already done, fixing the death penalty
for anyone of the tribe who should undertake to cede or exchange land
belonging to the Nation. [349]
After a long series of negotiations such pressure was brought to bear
upon a delegation which visited Washington in 1828 that consent was
at last obtained to an exchange of the Arkansas tract for another
piece of seven million acres lying farther west, together with "a
perpetual outlet west" of the tract thus assigned, as far west as the
sovereignty of the United States might extend. [350] The boundaries
given for this seven-million-acre tract and the adjoining western
outlet were modified by treaty at Fort Gibson five years later so as
to be practically equivalent to the present territory of the Cherokee
Nation in Indian Territory, with the Cherokee strip recently ceded.
The preamble of the Washington treaty of May 6, 1828, recites that
"Whereas, it being the anxious desire of the Government of the
United States to secure to the Cherokee nation of Indians, as well
those now living within the limits of the territory of Arkansas as
those of their friends and brothers who reside in states east of the
Mississippi, and who may wish to join their brothers of the West,
a permanent home, and which shall, under the most solemn guarantee
of the United States, be and remain theirs forever--a home that shall
never, in all future time, be embarrassed by having extended around it
the lines or placed over it the jurisdiction of a territory or state,
nor be pressed upon by the extension in any way of any of the limits
of any existing territory or state; and whereas the present location
of the Cherokees in Arkansas being unfavorable to their present repose,
and tending, as the past demonstrates, to their future degradation and
misery, and the Cherokees being anxious to avoid such consequences,"
etc.--therefore, they cede everything confirmed to them in 1817.
Article 2 defines the boundaries of the new tract and the western
outlet to be given in exchange, lying immediately west of the present
Arkansas line, while the next article provides for the removal of
all whites and others residing within the said boundaries, "so that
no obstacles arising out of the presence of a white population, or
any population of any other sort, shall exist to annoy the Cherokees,
and also to keep all such from the west of said line in future."
Public-domain text, read in full here on John Shaqi.
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