Summary of the Western/Arkansas Cherokee (Old Settlers)

The following is a summary of the text written by James Mooney, a U.S. Bureau of Ethnology Anthropologist, and published in the Nineteenth Annual Report of the Bureau of American Ethnology, 1897-98 (Washington D.C. Government Printing Office)

The first official migration westward by the Cherokee and the subsequent negotiations resulted in the assignment of a territory in Arkansas to the Western Cherokee in the form of a Treaty with the United States in 1817. The voluntary Old Settlers were considered as 'conservative,' who desired to move west and reestablish their traditional life, of which the major body of the Cherokee were quickly moving away from. By the Treaty of 1817, the Western Cherokee acquired title to a definite territory and official standing under Government protection. The Cherokees in the East were strongly against any recognition of the Western Cherokee.

The Treaty which assigned the lands to the Western Cherokees stipulated that a census should be made of the eastern and western divisions of the Cherokee separately, and an apportionment of the national annuity forthwith made on that basis.

Thomas Nuttall, the famed naturalist, visited the Arkansas Cherokee in 1819 and gave the following account of his findings: "both banks of the river, as we procceeded, were lined with the houses and farms of the Cherokee, and though their dress was a mixture of indigenous and European taste, yet in their houses, which are decently furnished, and in their farms, which were well fenced and stocked with cattle, we perceive a happy approach toward civilization. Their numerous families, also, well fed and clothed, argue a propitious progress in their population. Their superior industry either as hunters or farmers proves the value of property among them, and they are no longer strangers to avarice and the distinctions created by wealth. Some of them are possessed of property to the amount of many thousands of dollars, have houses handsomely and conveniently furnished, and their tables spread with our dainties and luxuries."

The Treaty of 1828 between the Western Cherokees and the United States, stipulated for an assignment of land further West in Indian Territory, with a 'perpetual outlet west." The territory assigned to them called for 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; "

Article 2 defined the boundaries of the new tract and the western outlet to be awarded. And were further modified and clarified in 1833 at a meeting at Fort Gibson, Indian Territory, between the U.S. Government, the Western Cherokee and the Creek Nation, which resulted in another official Treaty. Fort Gibson was a military establishment called for in Article 9 of the Treaty. It was necessary to include the Creeks, as some of their voluntary settlers had settled along the northern bank of the Arkansas on the Verdigris river, on lands found to be within the limits of the territory assigned to the Western Cherokee by the Treaty of 1828.

This Treaty of 1833 with the Western Cherokees set the seven million acre tract boundaries, as well as a strip two miles wide along the northern border which was later annexed to the state of Kansas by the Treaty of 1866.

By tacit agreement, some of the Creeks who had settled within the Cherokee bounds were permitted to remain, and among these were several families of Uchee Indians, who had fixed their residence at the spot where the town of Tahlequah was established after the arrival of the thousands of immigrant Eastern Cherokees, forcibly removed from the eastern homelands in 1838-39.

George Wickliffe
Chief

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