tawatomies, Ottawas, and Kickapoos, who were engaged in the British service; and all these tribes agreed to aid the Americans, should the war continue. Happily it was at an end. This period was one in which the Indian population in the Northwest suffered sadly. Some tribes were almost annihilated, and all were badly demoralized; and none were favorably impressed with the civilization of the white man. The impressions of an unfavorable character remained fresh in the memory of the Indians during the lives of the actors, and were transmitted by them to their children.

CHAPTER VI.

EARLY TREATIES WITH THE CHEROKEES, CHOCTAWS, CHICKASAWS, AND CREEKS.— MESSAGE OF PRESIDENT MONROE, AND VIEWS OF JOHN C. CALHOUN, SECRETARY OF WAR, RECOMMENDING THE REMOVAL OF THE INDIAN NATIONS RESIDING EAST OF THE MISSISSIPPI RIVER TO THE WEST SIDE-VIEWS OF JAMES BARBOUR, SECRETARY OF WAR, ON THE SAME SUBJECT.-MESSAGE OF PRESIDENT JACKSON RECOMMENDING THIS REMOVAL.-ACT OF CONGRESS PROVIDING FOR THE SAME PASSED MAY 28, 1830.

THE first treaty made with an Indian nation, within the territory south of the Ohio and east of the Mississippi, was with the Cherokees. This country was designated as the Territory of the United States south of the river Ohio. The treaty is known as the treaty of Hopewell. By it a definite boundary between the Indian lands and those of "the citizens of the United States, within the limits of the United States," was fixed, and it was stipulated that if any citizen of the United States, or other person, not being an Indian, “shall attempt to settle on any of the lands westward or southward of the said boundary, or having already settled on, and will not remove from the same, within six months after the ratification of the treaty, such person shall forfeit the protection of the United States, and the Indians may punish him or not. as they please." From their peculiar situation certain persons who had settled between the French Broad and Holstein rivers were excepted from this penalty. It was stipulated in the treaty "that the hatchet shall be buried forever, and the peace given by the United States, and the friendship re-established between the said States on the one part, and all the Cherokees on the other, shall be universal;" and that "the Indians may have full confidence in the United States, respecting their interests, they shall have the right to send a deputy of their choice, when they think fit, to Congress." This treaty was executed on the 28th of November, 1785.

On the 2d of July, 1791, another treaty with the Cherokees was entered into "on the bank of the Holstein, near French

Broad, within the limits of the United States." William Blount, governor of the territory south of the river Ohio, was the commissioner on the part of the United States. By this treaty a new "boundary between the citizens of the United States and the Cherokee nation" was established, and in order to preclude forever all disputes relative to the said boundary, it was agreed that "the same shall be ascertained and marked plainly, by three persons appointed by the United States, and three Cherokees, on the part of their nation." For a consideration named, the Indians did release and quitelaim, relinquish and cede to the United States all the land to the right of the boundary line described; and "the United States solemnly guaranteed to the Cherokees all their lands not hereby ceded." It was also again provided that "if any citizen of the United States, or other person, not being an Indian, shall settle on any of the Cherokees' lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please." It was in this treaty further stipulated that "no citizen or inhabitant of the United States shall attempt to hunt or destroy the game on the lands of the Cherokees; nor shall any citizen or inhabitant go into the Cherokee country without a passport first obtained from the governor of some one of the United States, or territorial districts, or such other person as the president may designate."

Between July 2, 1791, and February 27, 1819, twelve additional treaties were made with the Cherokees, being at the rate of one for every two and a half years. In the fall of the year 1808, a deputation of Cherokees, representing both the upper and lower towns, visited Washington City; the first named to inform the President of their great desire to engage in the pursuits of agriculture and civilized life, in the country then occupied by them, and to advise him that as all the nation could not be induced to join them in this new life, that it was desired by them to establish a division line between the upper and lower towns, and thus by concentrating their society within narrow limits, they proposed to begin the establishment of fixed laws and regular government; the deputies of the lower towns to make known their desire to con

tinue the hunter life, and also the scarcity of game where they then lived, and their wish to remove across the Mississippi, on some vacant lands of the United States. To this the president said: "The United States, my children, are the friends of both parties. Those who remain may be assured of our patronage, or aid and good neighborhood. Those who wish to remove, are permitted to send an exploring party to reconnoiter the country on the waters of the Arkansas and White rivers, and the higher up the better, as they will be the longer unapproached by our settlements." In process of time those who wished to emigrate did do so, and settled on lands of the United States on the Arkansas and . White rivers.

On the 8th of July, 1817, deputies from the Cherokee nation east, as well as deputies from those who had removed to the Arkansas, met at the Cherokee agency, within the Cherokee nation, General Andrew Jackson and Joseph McMinn, governor of Tennessee, to execute a treaty relinquishing to the United States all the right, title, and interest of the western Cherokees, to all lands of right belonging to them as a part of the nation, "which they have and are about to leave, proportioned to their numbers, including with those then on the Arkansas, those about to leave, and also to make an equal distribution of the annuities due to the whole nation." These objects effected, the treaty provided for a census to be taken; a new boundary line was established, by which the United States acquired a portion of the Cherokee territory, and guaranteed aid to those who removed. Other provisions beneficial to the Cherokees who remained, as well as to those who removed, were incorporated in this treaty. The new boundary line between the lands ceded to the United States and those remaining to the Indians, was to be run by United States commissioners, accompanied by such commissioners as the Cherokees may appoint, and the faith of the government given to prevent the intrusion of any of its citizeus into the Cherokee lands. The treaty of 1819 provided that the annuity due the Cherokee nation should be paid, two-thirds to the Cherokees east of the Mississippi, and onethird to the Cherokees west of that river, and reiterated the

pledge that the boundary line to designate the lands ceded by it should be run by joint commissioners, and "that all white people who have intruded or may hereafter intrude on the lands reserved for the Cherokees, shall be removed by the United States."

The first treaty between the Choctaw nation of Indians and the United States was made at Hopewell, on the 3 day of January, 1786. By it a boundary line defining the limits of the Choctaws was established, and it was provided, that "if any citizen of the United States, or other person, not being an Indian, should attempt to settle on any of the lands allotted to the Indians, such person should forfeit the protection of the United States, and the Indians might punish him, or not, as they pleased; the hatchet was buried forever;" and it was affirmed, that "the peace given by the United States, and friendship re-established between the said states and the Choctaw nation, shall be universal." Between that date and the 20th of January, 1825, seven additional treaties were made. with the Choctaws. The second one was made on the 17th December, 1801. In it, the contracting parties agreed, "that the old line of demarcation heretofore established by and between the officers of his Brittanic majesty and the Choctaw nation, shall be retraced, and plainly marked in such a way and manner as the president may direct, in the presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements of the Mississippi Territory and the Choctaw nation." By the same treaty, the Indians did relinquish to the United States and quitclaim forever, all their right, title, and pretension to the land lying between the said line and the Mississippi river. All white persons residing within the Choctaw country were to be removed outside of the same toward the Mississippi river, together with their slaves, household furniture, tools, materials, and stock, and the cabins or houses erected by such persons were to be demolished.

James Wilkinson, commissioner on the part of the United States, accompanied by Mingo Pooscoos and Alatta Hooma, Choctaw commissioners, did run and distinctly mark this division line, and reported their proceedings on the 31st of