 The US insisted that any land remaining after allotment would be considered "surplus" and made available for sale to non-Indians.Although the agreement was rejected by the Creek in an election on November 1, 1898, the Dawes Commission began to register tribal members for the process of allotment.Porter headed a delegation to Washington, C. C. in January 1889 to negotiate the terms for turning over some more of their land to the United States, as required by the 1866 peace treaty.