ROYCE. J TREATY OF FEBRUARY 14, 1833. 249 
country, dividing it from Arkansas, was surveyed in 1829,' but it was 
not until April 13, 1831, that instructions were given to Isaac McCoy to 
survey the remaining boundaries. 
The fourth article of the treaty of 1828 contained a provision requir- 
ing the United States to sell the property and improvements connected 
with the agency for the erection of a grist and saw mill for the use of 
the Indians in their new home. In lieu of this grist and saw mill the 
United States furnished them with patent corn-mills to the amount of 
the appraised value of the improvements. A tractin townships 7 and 8 
of range 21, including these agency improvements, was surveyed sepa- 
rately in 1829, and was commonly known as the “Cherokee Agency Res- 
ervation.” In after years the Cherokees claimed that they had never 
been compensated for this so-called reserve and asserted that it still 
belonged to them. After a dispute continuing through many years, it 
was finally decided by the Secretary of the Interior, on the 28th of June, 
1878, that the reserve did not belong to the Cherokees, but that, through 
the operation of the treaty with them, it became a part of the public 
domain. 
TREATY CONCLUDED FEBRUARY 14, 1833.—PROCLAIMED APRIL 
12, 1834.2 
Held at Fort Gibson, on the Arkansas River, between Montfort Stokes, 
Henry L. Ellsworth, and John F. Schermerhorn, commissioners on the 
part of the United States,and the chiefs and headmen of the Cherokee Na- 
tion of Indians west of the Mississippi. 
MATERIAL PROVISIONS. 
It having been ascertained thatthe territory assigned to the Cherokees 
by the treaty of May 6, 1828, conflicted with a portion of the territory 
selected by the Creek Nation in conformity with the provisions of the 
Creek treaty of January 24, 1826, and the representative men of those 
two nations having met each other in council and adjusted all disputes 
as to boundaries, the United States, in order to confirm this adjustment, 
concluded the following articles of treaty and agreement with the 
Cherokees : 
1. The United States agree to possess the Cherokees, and to guar- 
antee it to them forever, * * * of seven millions of acres of land, 
to be bounded as follows, viz: Beginning at a point on the old western 
Terrivorial line of Arkansas Territory, being twenty-five miles north 
from the point where the Territorial line crosses Arkansas River; thence 
running from said north point south on the said Territorial line to the 
place where said Territorial line crosses the Verdigris River; thence 

1 Letter of T. L. McKenney to Secretary of War, January 21, 1830. 
>United States Statutes at Large, Vol. VII, p. 414. 
