estimated, early in 1823,311 that the quantity to which the Cherokees were entitled was about 3,285,710 acres, and they were informed that measures would at once be taken to have the western boundary established. This was performed under direction of Governor Miller, in compliance with instructions given him for that purpose on the 4th of March, 1823. A year later312 a delegation of the Indians visited Washington to complain that the boundary had been run without notice to them and in such a manner as to be highly prejudicial to their interests. It was also urged that the quantity of land included was largely less than the quantity ceded by the Cherokees east of the Mississippi.
It would seem that in the survey of this western boundary Governor Miller, through a misconception of his instructions, had caused the line to be run due north, and south, instead of in a direction parallel with that of the east line, as was the evident intention of the treaty of 1817.313 The effect of this action was to largely curtail the Cherokee frontage on Arkansas River, where the lands were rich and capable of remunerative cultivation, and to extend their frontier on the Upper White River, toward the rough and comparatively valueless region of the Ozark Mountains. It was also admitted by the Secretary of War that the quantity of land within these boundaries was probably less than that to which the Cherokees were entitled.314 Inquiries were accordingly again made of the several State authorities as to the area of territory acquired by them through the treaties of 1817 and 1819, the replies to which, though partially estimated, aggregated 4,282,216 acres.315 Directions were therefore given to Agent Duval316 to propose to the Indians the running of a provisional line, subject to such future alterations as the official returns of the quantity ceded in the States should render necessary and proper. It seems, however, from a report of Agent Duval, that the Cherokees in council had expressed to him a preference to adopt for their western boundary what was known as the "upper" or Governor Miller line, and to run thence down and between the Arkansas and White Rivers for quantity, ignoring the line run under the treaty of 1817 by General Rector, the effect of which would be to give them an extension of territory to the east instead of toward the west. This proposition called forth directions from the Secretary of War to Governor Izard, in the spring of 1825, to open negotiations with the Cherokees upon the subject of an exchange of territory with them for an equal quantity of land lying to the west of Arkansas and Missouri, and for their removal thereto, but that the matter must not be pressed to the point of irritation. If, through the aversion of the Indians to entertain such a proposition, it should be dropped, then, if ±he same should be satisfactory to the citizens of Arkansas, the proposal contained in the report of Agent Duval would meet the views of the Government.317
The Indians were brought to no definite agreement to either of these propositions. In the meantime their provisional western boundary was established and run, in January and February, 1825.318 The line began at the upper end of Table Rock Bluff, on the Arkansas River, and ran north 1 mile and 70 chains, crossing Skin Bayou at a distance of 66 chains from the beginning; thence it ran north 53° east 132 miles and 31 chains, to White River, which it struck at a point opposite the mouth of Little North Fork.
As a matter of fact, so strong was the prejudice of the Cherokees against any concession of territory that their council passed319 what they denominated a "perpetual law" denouncing the death penalty against any of their nation who should propose the sale or exchange of their lands.
Lovely's purchase.—In the mean time the legislature of Arkansas, through Acting Governor Crittenden, had forwarded to the President in the summer of 1824, a memorial urging that the tract of country known as "Lovely's purchase" be thrown open to white settlement by a revocation of the prohibitory order of December 15, 1818. This the President declined to do until a final adjustment should be made of the west boundary of the Cherokees and the east boundary of the Choctaws. A history of "Lovely's purchase" is to be found in a letter dated January 30, 1818, from Major Long, of the Topographical Engineers, to General Thomas A. Smith. From this it seems that by a treaty then recently made (but without any authority) with the Osages, "by Mr. Lovely, late Indian agent,"320 that tribe had ceded to the United States the country between the Arkansas and Red Rivers, and also a tract on the north of the Arkansas situated between the Verdigris River and the boundary established by the Osage treaty of 1808. It appears, however, that it was not the intention of the Osages to cede to the United States so large a tract on the north of the Arkansas, but, as afterwards alleged by their chiefs, they only desired to surrender the country lying south of a line commencing at the Falls of the Verdigris and running due east to the treaty line of 1808, and east of another line beginning at the same place and running due south as far as their possessions should extend, and thence east again to the 1808 boundary, excepting and reserving therefrom the point of land between the Verdigris and Six Bulls or Grand River. The Osages, never having been informed that the treaty was not duly authorized and had not been confirmed, still considered the country described therein as belonging to the United States, and had repeatedly solicited whites to settle on it, alleging that the main object of the cession on their part was to secure the convenient approach of civilized neighbors, who should instruct the men how to cultivate the ground and the women to spin and weave, that they might be able to live when the forests should afford no further supplies of game. They were therefore much irritated when they found civilized settlements prohibited, in order to protect the introduction and establishment adjoining or upon this territory of their inveterate enemies, the Cherokees.
Western outlet.—The indefinite outlet to the west which had been promised the Cherokees by the President in 1818 formed the subject of much complaint by them from time to time. In the spring of 1823321 they were advised that until their western boundary was established it would be improper to make any decision upon the "outlet" question. Two years earlier322 it had been declared to them that in removing settlers from "Lovely's Purchase," for the purpose of giving them their western outlet, it must always be understood that they thereby acquired no right to the soil, and that the Government reserved to itself the right of making such disposition as it might think proper of all salt springs therein. But this troublous question was definitively disposed of when the treaty of 1828 came to be negotiated.
By the provisions of an act of Congress approved April 5, 1826,323 the land districts of the Territory of Arkansas were extended so as to include all the country within the limits of that Territory as then existing (the limits having been extended 40 miles to the west by act of Congress of May 26, 1824),324 with the proviso, however, that nothing in the act should be so construed as to authorize any survey or interference whatever upon any lands the right whereof resided in any Indian tribes. Notwithstanding this proviso, reports became current that surveys had been begun of "Lovely's Purchase," causing much irritation and ill feeling among the Cherokees and eliciting an order325 from the Secretary of War forbidding any further surveys until it should be finally ascertained how much land the Cherokees were entitled to receive from the United States in pursuance of the treaties of 1817 and 1819.
Negotiation and conclusion of treaty of 1828.—Matters remained thus in statu quo until the spring of 1828, when a delegation of the Western Cherokees arrived in Washington, clothed with authority to present to the attention of the President their numerous grievances and to adjust all matters in dispute for their