The 1833 Fort Gibson Treaty with the Western Cherokee represents a significant moment in the complex relationship between the United States government and the Cherokee Nation. Signed on February 14, 1833, at Fort Gibson, a military outpost situated on the Arkansas River in what was then known as Indian Territory (now Oklahoma), this treaty aimed to clarify and amend previous agreements, particularly the Treaty of Washington of 1828. This document provides valuable insight into the evolving policies of Indian Removal, the geographical boundaries of Cherokee territory, and the social and economic provisions intended to assist the Western Cherokee in their new lands.
This article delves into the details of the 1833 Fort Gibson Treaty with the Western Cherokee, examining its historical context, key provisions, and the motivations behind its creation. It also explores the perspectives of both the United States government and the Cherokee Nation, highlighting the inherent power imbalances and the lasting consequences of this agreement.
Historical Context: The Treaty of 1828 and the Push for Removal
The backdrop to the 1833 treaty was the growing pressure on Native American tribes in the southeastern United States to cede their ancestral lands and relocate west of the Mississippi River. This policy, known as Indian Removal, was fueled by the insatiable demand for land by white settlers and the belief that Native Americans could not coexist with American society.
The Treaty of Washington, signed in 1828, was an earlier attempt to address the relocation of the Cherokee Nation. It ostensibly guaranteed the Cherokee seven million acres of land in present-day Oklahoma, along with a "perpetual outlet west" and unmolested use of the land as far west as the sovereignty of the United States extended. However, ambiguities and conflicts quickly arose.
One significant problem stemmed from overlapping land claims. The Creek Nation, in a treaty from 1826, had also been granted land within the boundaries described in the 1828 Cherokee treaty. This created immediate tension and necessitated further negotiation to resolve the territorial disputes.
Key Commissioners and Cherokee Representatives
The 1833 Fort Gibson Treaty with the Western Cherokee was negotiated by representatives of the United States government, specifically appointed as commissioners: Monfort Stokes, Henry L. Ellsworth, and John F. Schermerhorn. These individuals were tasked with representing the interests of the United States and ensuring the agreement aligned with the broader goals of Indian Removal.
Representing the Cherokee Nation were prominent chiefs and headmen, including John Jolly, Black Coat, and Walter Weller. These leaders were authorized by their nation to negotiate and enter into agreements with the United States. Their signatures on the treaty signified the consent, albeit under duress, of the Western Cherokee to the terms outlined within. John Rogers, as president of commissioners, and Glass, as president of the council, also signed the agreement, further solidifying its legitimacy within the Cherokee Nation’s governmental structure.
Article-by-Article Analysis of the Treaty
The treaty itself is structured into seven articles, each addressing specific issues and agreements. A close examination of these articles reveals the complexities of the negotiation process and the compromises made by both sides.
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Article 1: Land Guarantee and Boundaries: This article redefined the boundaries of the seven million acres guaranteed to the Cherokee Nation. It established specific landmarks and geographical features to delineate the territory, aiming to resolve ambiguities from the 1828 treaty. The article detailed a complex set of lines, rivers, and territorial boundaries, attempting to precisely define the Cherokee Nation’s land. It also reaffirmed the "perpetual outlet west," with a provision reserving the right for other tribes to access the salt plain on the western prairie, should it fall within the designated outlet. Importantly, the article stipulated that letters patent would be issued by the United States for the guaranteed land, providing a legal document of ownership.
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Article 2: Relinquishment of Claims: The Cherokee Nation formally relinquished all rights, interests, and titles to any land ceded or claimed to have been ceded by the 1828 treaty that fell outside the newly defined boundaries established in the 1833 Fort Gibson Treaty with the Western Cherokee. This effectively surrendered any claims to land that was not specifically included in the revised boundaries, further reducing the Cherokee Nation’s land holdings.
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Article 3: Annulment of Article 6 of the 1828 Treaty: The Cherokee Nation specifically requested the annulment of Article 6 of the 1828 treaty, and the United States agreed to cancel it. This article had stipulated that the United States would provide the Cherokee with a set of laws suited to their condition and would survey their lands for individual ownership if desired. The Cherokee’s request to annul this article may have stemmed from concerns about the potential for the U.S. government to impose laws or divide their communal land holdings.
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Article 4: Economic Provisions: In consideration of the establishment of new boundaries and the "improvement" of the Cherokee Nation, the United States agreed to provide economic assistance. This included the construction of four blacksmith shops, a wagon maker shop, and a wheelwright shop, along with tools, implements, iron, and steel. The United States also committed to employing blacksmiths, a wagon-maker, and a wheelwright to work in these shops for the benefit of the Cherokee people. Furthermore, the treaty provided for the erection of eight patent railway corn mills in lieu of the mills promised in the 1828 treaty. These provisions were intended to support the Cherokee Nation’s transition to a new environment and to promote economic self-sufficiency.
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Article 5: Supplementary Nature: This article clarified that the 1833 Fort Gibson Treaty with the Western Cherokee was supplementary to the 1828 treaty and did not alter the rights of the parties, except where inconsistencies existed between the two agreements. This meant that the 1828 treaty remained in effect, except for the specific articles that were amended or canceled by the 1833 agreement.
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Article 6: Cherokee Agency Reservation: The Cherokee Nation agreed to reserve one square mile of land for the accommodation of the Cherokee agency. The location of this reservation was to be designated by the Cherokee Nation in conjunction with the U.S. government agent. This ensured that the U.S. government had a designated space within Cherokee territory to oversee and administer its policies.
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Article 7: Ratification Clause: This article stipulated that the treaty would become binding upon ratification by the President and Senate of the United States and the Cherokee Nation. This formal process was essential to ensure that the treaty had the full force of law and was legally binding on both parties.
The Significance and Consequences of the Treaty
The 1833 Fort Gibson Treaty with the Western Cherokee had several significant consequences. While it aimed to resolve land disputes and provide economic assistance, it also further solidified the policy of Indian Removal and contributed to the displacement and hardship experienced by the Cherokee Nation.
The treaty’s redefinition of boundaries resulted in a reduction of Cherokee land holdings, placing further pressure on the nation’s resources and its ability to sustain its population. The economic provisions, while seemingly beneficial, were often inadequate and poorly implemented, failing to fully address the challenges faced by the Cherokee in their new environment.
Moreover, the treaty exemplifies the power imbalance inherent in the relationship between the United States government and Native American tribes. The Cherokee Nation was essentially forced to negotiate under duress, with the threat of further encroachment and displacement looming over them. The treaty ultimately served the interests of the United States by clearing the way for westward expansion and the acquisition of Native American lands. The 1833 Fort Gibson Treaty with the Western Cherokee stands as a reminder of the complex and often tragic history of treaty-making between the United States and Native American nations. It is a crucial document for understanding the Cherokee Nation’s experience during the era of Indian Removal and the lasting impact of U.S. policies on Native American communities.
