The 1828 Treaty with the Western Cherokee, a pivotal agreement in the history of the Cherokee Nation and the expansion of the United States, was finalized in Washington D.C. on May 6, 1828. This treaty, signed by James Barbour, then Secretary of War, representing the U.S. government, and various chiefs and head men of the Cherokee Nation residing west of the Mississippi River, aimed to resolve issues related to land ownership, relocation, and the future relationship between the Cherokee and the United States. This document represents a significant chapter in the complex and often fraught relationship between the U.S. government and Indigenous peoples. The document contains specific clauses affecting both the Choctaw and Creek Nations, highlighting the interconnected nature of these removals and land cessions.
Background and Context
The backdrop to the 1828 Treaty with the Western Cherokee was one of increasing pressure from the United States government for Indigenous tribes to cede their ancestral lands and relocate west of the Mississippi River. This policy, driven by the desire for westward expansion and the acquisition of valuable land for agriculture and resource extraction, deeply impacted numerous tribes, including the Cherokee. The Cherokee Nation, known for its advanced culture, including a written language developed by Sequoyah (George Guess), found itself increasingly caught between its desire to maintain its sovereignty and the relentless encroachment of American settlers and the policies of the U.S. government.
Prior treaties, such as the Treaty of 1817 and the Convention of 1819, had already resulted in the Cherokee relinquishing land in the east and establishing a presence in the Arkansas Territory. However, this location proved to be problematic. Tensions with white settlers and other tribes, coupled with the desire of the Cherokee to establish a permanent and secure homeland, led to the negotiations that culminated in the 1828 treaty. Furthermore, the U.S. government recognized the potential future difficulties and costs associated with having Indigenous populations within the boundaries of a future state of Arkansas, further incentivizing the treaty process.
Key Provisions of the Treaty
The 1828 Treaty with the Western Cherokee encompassed several crucial provisions that reshaped the boundaries of Arkansas, defined the Cherokee’s new territory, and outlined compensation and support for their relocation. The treaty’s articles addressed land, removal, financial compensation, and future relations between the Cherokee Nation and the United States.
Article 1: Defining the Western Boundary of Arkansas: This article established the western boundary of Arkansas, commencing on the Red River at the point where the eastern Choctaw line intersected the river and running due north along that line to the Arkansas River. From there, the line extended in a direct line to the southwest corner of Missouri. This redefinition of the Arkansas border was critical as it laid the groundwork for the Cherokee’s new territory.
Article 2: Guaranteeing Cherokee Lands: A cornerstone of the treaty was the guarantee by the United States to possess the Cherokee of seven million acres of land, forever protected under the solemn pledge of the U.S. government. The land was described as starting at the Arkansas River where the eastern Choctaw boundary line meets the river, running along the western Arkansas line to the southwest corner of Missouri, then along the western Missouri line to the Neasho (Grand River), westward to a point due south of the northwest corner of Arkansas Territory, then south along the territory’s western boundary to the Arkansas River, then down the Arkansas to its junction with the Canadian River, and finally up the Arkansas and Canadian Rivers to a point allowing for the designated seven million acres. In addition to this defined area, the United States guaranteed the Cherokee a perpetual outlet west and the unmolested use of all land west of their boundary, extending as far as U.S. sovereignty and land rights extended.
Article 3: Removal of White Settlers and Boundary Demarcation: The United States pledged to promptly survey the lines of the new cession, with a deadline of October 1st of that year. Furthermore, the government committed to removing all white persons and others deemed unacceptable to the Cherokee from the western side of the established line. This article aimed to create a buffer zone for the Cherokee and prevent conflicts arising from a mixed population.
Article 4: Compensation for Abandoned Improvements: Recognizing the sacrifices made by the Cherokee in relocating, the United States agreed to appoint individuals to assess the value of the improvements the Cherokee were abandoning in Arkansas. The Cherokee were to be compensated for these abandoned properties. The property and improvements connected to the agency were to be sold, with the proceeds used to fund the construction of a grist and saw mill in the new Cherokee territory.
Article 5: Financial Considerations: The treaty stipulated that the United States would pay the Cherokee $50,000 immediately after their removal, which was to occur within fourteen months of the treaty’s signing. An annuity of $2,000 was to be paid for three years to assist in recovering livestock that might stray back into Arkansas. Additionally, $8,760 was allocated to address spoliations committed against the Cherokee by both the Osage and U.S. citizens. Specific sums were also allocated for individuals like Thomas Graves and George Guess (Sequoyah) in recognition of their contributions and losses. Moreover, the United States agreed to provide $2,000 annually for ten years for the education of Cherokee children and $1,000 for a printing press and types, promoting literacy and education within the Cherokee Nation. The United States also relinquished its claim of up to $3,500 due by the Cherokee to the late United States Factory.
Article 6: Future Assistance and Services: Recognizing the Cherokee’s need for self-governance and societal development, the United States pledged to provide them with a set of laws suitable to their condition whenever requested. The treaty also stipulated that the United States would provide a surveyor, at their own cost, if the Cherokee desired to divide their lands and own them individually.
Article 7: Cherokee Surrender of Arkansas Lands: In consideration of the treaty’s stipulations, the Cherokee Nation formally surrendered all lands in Arkansas that had been secured to them by the Treaty of 1817 and the Convention of 1819. They agreed to vacate these lands within fourteen months.
Article 8: Encouraging Eastern Cherokee Emigration: To encourage Cherokee individuals and families still residing east of the Mississippi River to join their brethren in the west, the United States offered incentives such as a rifle, blanket, kettle, and tobacco for each head of household who enrolled for emigration. Compensation was also offered for abandoned property. The U.S. government committed to covering the costs of emigration and providing provisions for twelve months after their arrival. Heads of families emigrating from within the chartered limits of Georgia would receive an additional $50.
Article 9: Fort Gibson Military Reservation: A tract of land, two miles wide and six miles long, was reserved for the United States for the accommodation of the military force stationed at Fort Gibson on the Neasho (Grand River). The Cherokee agreed to allow the United States to establish a road through their country to provide free access to and from the fort.
Article 10: Compensation for Captain James Rogers: Captain James Rogers received $500 in compensation for the loss of a horse in U.S. service and for other services rendered.
Article 11: Ratification: The treaty was to become binding upon ratification by the President of the United States, with the advice and consent of the Senate.
Ratification and Aftermath
The treaty was indeed ratified by the U.S. Senate, but with a crucial proviso. The proviso stipulated that the convention could not be construed to extend the northern boundary of the "perpetual outlet west" north of the 36th degree of north latitude, or interfere with lands assigned to the Creek Indians. It further clarified that the treaty did not cede any lands previously ceded to any other tribe. The Cherokee chiefs subsequently accepted these terms.
Despite the promises and guarantees enshrined in the 1828 Treaty with the Western Cherokee, the long-term consequences for the Cherokee Nation were devastating. The forced removal of the Cherokee from their ancestral lands in the east, known as the Trail of Tears, began just a few years later, in 1838, regardless of this treaty which promised them land. This event resulted in immense suffering and loss of life as the Cherokee were forcibly marched to Indian Territory (present-day Oklahoma). While the 1828 treaty aimed to provide a permanent home for the Western Cherokee, it ultimately served as another step in the erosion of Cherokee sovereignty and the displacement of Indigenous peoples from their lands.