362 CHEROKEE NATION OF INDIANS. 
west of the Cimarron River. No practical effect, however, was given 
to the treaty, because the United States had not at this time acquired 
any legal right to settle other tribes on the lands of the Cherokees and 
because of the fact that two years later! a new reservation was by 
treaty provided for the Kiowas and Comanches, no portion of which 
was within the Cherokee limits. 
2. By the treaty of October 28, 1867,? with the Southern Cheyennes 
and Arapahoes the United States undertook to set apart as a reserva- 
tion for their benefit all the country between the State of Kansas and 
the Arkansas and Cimarron Rivers. The bulk of this tract was 
within Cherokee limits west of 96°. As a matter of fact, however, the 
Cheyennes and Arapahoes could not be prevailed upon to take pos- 
session of this tract, and were finally, by Executive order,’ located on 
territory to the southwest and entirely outside the Cherokee limits. 
Pursuant to the act of May 29, 1872,4 the Commissioner of Indian 
Affairs negotiated an agreement with the Southern Cheyennes and 
Arapahoes in the following autumn ® by which they ceded to the United 
States all interest in the country set apart by the treaty of 1867, and 
accepted in lieu thereof a reserve which included within its limits a por- 
tion of the Cherokee domain lying between the Cimarron River and the 
North Fork of the Canadian. 
This agreement with the Southern Cheyennes and Arapahoes not hav- 
ing been ratified by Congress, an agreement was concluded late in the 
following year® by the Commissioner of Indian Affairs with both the 
Cheyennes and the Arapahoes, whereby they jointly ceded the tract 
assigned them by the treaty of 1867, as well as all other lands to which 
they had any claim in Indian Territory, in consideration of which the 
United States agreed to set apart other lands in that Territory for their 
future home. 
Like its predecessor, this agreement also failed of ratification by Con- 
gress, and the Indians affected by it still occupy the tract set apart by 
Executive order of 1869. 
In the light of these facts it appears that although the United States 
made several attempts, without the knowledge or concurrence of the 
Cherokees, to appropriate portions of the latter’s domain to the use 
of other tribes, yet as a matter of fact these tribes never availed or 
attempted to avail themselves of the benefits thus sought to be secured 
to them, and the Cherokees were not deprived at any time of an opportu- 
nity to sell any portion of their surplus domain for the location of other 
friendly tribes. 

1 Treaty of October 21, 1867, United States Statutes at Large, Vol. XV, p. 581. 
2 United States Statutes at Large, Vol. XV, p. 593. 
> August 10, 1869. 
4+United States Statutes at Large, Vol. XVII, p. 190. 
5 October 24, 1872. 
© November 18, 1873. 
