Note 345 — II—HISTORICAL SKETCH OF THE CHEROKEE

The treaty which assigned the Arkansas lands to the western Cherokee had stipulated that a census should be made of the eastern and western divisions of the Nation, separately, and an apportionment of the national annuity forthwith made on that basis. The western line of the Arkansas tract had also been left open, until according to another stipulation of the same treaty, the whole amount of land ceded through it to the United States by the Cherokee Nation in the East could be ascertained in order that an equal quantity might be included within the boundaries of the western tract.345 These promises had not yet been fulfilled, partly because of the efforts of the Government to bring about a larger emigration or a further cession, partly on account of delay in the state surveys, and partly also because the Osage objected to the running of a line which should make the Cherokee their next door neighbors.346 With their boundaries unadjusted and their annuities withheld, distress and dissatisfaction overcame the western Cherokee, many of whom, feeling themselves absolved from territorial restrictions, spread over the country on the southern side of Arkansas river,347 while others, under the lead of a chief named The Bowl (Diwa′ʻlĭ), crossed Red river into Texas—then a portion of Mexico—in a vain attempt to escape American jurisdiction.348