By treaties made in 1826 and 1827 the Creeks had ceded all
their remaining lands in Georgia and agreed to remove to Indian
Territory. Some of these emigrants had settled along the northern bank
of the Arkansas and on Verdigris river, on lands later found to be
within the limits of the territory assigned to the western Cherokee by
the treaty of 1828. This led to jealousies and collisions between the
two tribes, and in order to settle the difficulty the United States
convened a joint council of Creeks and Cherokee at Fort Gibson, with
the result that separate treaties were concluded with each on February
14, 1833, defining their respective bounds to the satisfaction of all
concerned. By this arrangement the upper Verdigris was confirmed to
the Cherokee, and the Creeks who had settled along that portion of
the stream agreed to remove to Creek territory immediately adjoining
on the south. [354]
By the treaty made on this occasion with the Cherokee the boundaries
of the tract of seven million acres granted by the treaty of 1828
are defined so as to correspond with the present boundaries of the
Cherokee country in Indian territory, together with a strip two miles
wide along the northern border, which was afterward annexed to the
state of Kansas by the treaty of 1866. A tract in the northeastern
corner, between Neosho or Grand river and the Missouri line, was
set apart for the use of the Seneca and several other remnants of
tribes removed from their original territories. The western outlet
established by the treaty of 1828 was reestablished as a western
extension from the seven-million-acre tract thus bounded, being what
was afterward known as the Cherokee strip or outlet plus the two-mile
strip extending westward along the south line of Kansas.
After describing the boundaries of the main residence tract, the
first article continues:
In addition to the seven millions of acres of land thus provided
for and bounded the United States further guarantee to the Cherokee
nation a perpetual outlet west and a free and unmolested use of
all the country lying west of the western boundary of said seven
millions of acres, as far west as the sovereignty of the United
States and their right of soil extend--provided, however, that
if the saline or salt plain on the great western prairie shall
fall within said limits prescribed for said outlet the right
is reserved to the United States to permit other tribes of red
men to get salt on said plain in common with the Cherokees--and
letters patent shall be issued by the United States as soon as
practicable for the lands hereby guaranteed.
The third article cancels, at the particular request of the Cherokee,
that article of the treaty of 1828 by which the government was to
give to the Cherokee a set of laws and a surveyor to survey lands
for individuals, when so desired by the Cherokee. [355]
Public-domain text, read in full here on John Shaqi.
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