INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, = Treaties

From: Subject: INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties Date: Thu, 16 Jul 2009 09:04:38 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0053_01CA05F4.727E7650" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_0053_01CA05F4.727E7650 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://digital.library.okstate.edu/kappler/Vol2/treaties/che0439.htm =EF=BB=BF INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, = Treaties

INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties

Compiled and edited by Charles J. Kappler. Washington : Government = Printing=20 Office, 1904.

Home | = Disclaimer & = Usage=20 | Table = of=20 Contents | Index=

TREATY WITH THE CHEROKEE, 1835.
Dec. 29, 1835. | 7 Stat., 478. | Proclamation, May 23, = 1836.

Page Images: 439 | 440 | 441 | 442 | 443 | 444 | 445 | 446 | 447 | 448 | 449

Margin Notes
Preamble.
Cherokees=20 relinquish to United States all their lands east of the=20 Mississippi.
Treaty=20 of May, 1828, and Feb., 1833, referred to.
Proviso.
Additional=20 land conveyed to the nation, etc.
Further=20 agreement.
1830,=20 ch. 148.
Right=20 to establish forts, etc.
Osage=20 titles to reservations to be extinguished.
Missionary=20 reservations to be paid for.
Lands=20 permanently ceded to the nation.
Peace=20 to be preserved.
Congress=20 may allow a delegate from the Cherokee nation.
Expense=20 of removal to be paid by United States.
Agents=20 to value improvements made by the Cherokee.
The=20 President to make investments in productive stock.
Commutation=20 of school fund.
Provision=20 respecting Cherokees averse to removal.
Settlement=20 of claims for former reservations.
Pensions=20 to certain warriors.
Funds=20 to be divided among the Indians.
Indians=20 to remove in two years.
Commissioners=20 to settle claims.
United=20 States to make advances for provisions, clothing, = etc.
Treaty=20 binding when ratified.
Supplementary=20 articles
Preemption=20 rights declared void.
Allowance=20 in lieu of preemptions, etc.
Provisions=20 for agency reservations not to interfere, etc.
Expense=20 of negotiations to be defrayed by the United=20 States.

Page=20 439

Articles of a treaty, concluded at New Echota in the State of = Georgia on=20 the 29th day of Decr. 1835 by General William Carroll and John F. = Schermerhorn=20 commissioners on the part of the United States and the Chiefs Head Men = and=20 People of the Cherokee tribe of Indians.

WHEREAS the Cherokees are anxious to make some = arrangements=20 with the Government of the United States whereby the difficulties they = have=20 experienced by a residence within the settled parts of the United States = under=20 the jurisdiction and laws of the State Governments may be terminated and = adjusted; and with a view to reuniting their people in one body and = securing a=20 permanent home for themselves and their posterity in the country = selected by=20 their forefathers without the territorial limits of the State = sovereignties, and=20 where they can establish and enjoy a government of their choice and = perpetuate=20 such a state of society as may be most consonant with their views, = habits and=20 condition; and as may tend to their individual comfort and their = advancement in=20 civilization.

And whereas a delegation of the Cherokee nation composed of Messrs. = John Ross=20 Richard Taylor Danl. McCoy Samuel Gunter and William Rogers with full = power and=20 authority to conclude a treaty with the United States did on the 28th = day of=20 February 1835 stipulate and agree with the Government of the United = States to=20 submit to the Senate to fix the amount which should be allowed the = Cherokees for=20 their claims and for a cession of their lands east of the Mississippi = river, and=20 did agree to abide by the award of the Senate of the United States = themselves=20 and to recommend the same to their people for their final determination. =

And whereas on such submission the Senate advised =E2=80=9Cthat a sum = not exceeding=20 five millions of dollars be paid to the Cherokee Indians for all their = lands and=20 possessions east of the Mississippi river.=E2=80=9D

And whereas this delegation after said award of the Senate had been = made,=20 were called upon to submit propositions as to its disposition to be = arranged in=20 a treaty which they refused to do, but insisted that the same = =E2=80=9Cshould be=20 referred to their nation and there in general council to deliberate and=20 determine on the subject in order to ensure harmony and good feeling = among=20 themselves.=E2=80=9D

And whereas a certain other delegation composed of John Ridge Elias = Boudinot=20 Archilla Smith S. W. Bell John West Wm. A. Davis and Ezekiel West, who=20 represented that portion of the nation in favor of emigration to the = Cherokee=20 country west of the Mississippi entered into propositions for a treaty = with John=20 F. Schermerhorn commissioner on the part of the United States which were = to be=20 submitted to their nation for their final action and determination:

And whereas the Cherokee people at their last October council at Red = Clay,=20 fully authorized and empowered a delegation or committee of twenty = persons of=20 their nation to enter into and conclude a treaty with the United States=20 commissioner then present, at that place or elsewhere and as the = people=20 had good reason to believe that a treaty would

Page=20 440

then and there be made or at a subsequent council at New Echota which = the=20 commissioners it was well known and understood, were authorized and = instructed=20 to convene for said purpose; and since the said delegation have gone on = to=20 Washington city, with a view to close negotiations there, as stated by = them=20 notwithstanding they were officially informed by the United States = commissioner=20 that they would not be received by the President of the United States; = and that=20 the Government would transact no business of this nature with them, and = that if=20 a treaty was made it must be done here in the nation, where the = delegation at=20 Washington last winter urged that it should be done for the purpose = of=20 promoting peace and harmony among the people; and since these facts = have=20 also been corroborated to us by a communication recently received by the = commissioner from the Government of the United States and read and = explained to=20 the people in open council and therefore believing said delegation can = effect=20 nothing and since our difficulties are daily increasing and our = situation is=20 rendered more and more precarious uncertain and insecure in consequence = of the=20 legislation of the States; and seeing no effectual way of relief, but in = accepting the liberal overtures of the United States.

And whereas Genl William Carroll and John F. Schermerhorn were = appointed=20 commissioners on the part of the United States, with full power and = authority to=20 conclude a treaty with the Cherokees east and were directed by the = President to=20 convene the people of the nation in general council at New Echota and to = submit=20 said propositions to them with power and authority to vary the same so = as to=20 meet the views of the Cherokees in reference to its details.

And whereas the said commissioners did appoint and notify a general = council=20 of the nation to convene at New Echota on the 21st day of December 1835; = and=20 informed them that the commissioners would be prepared to make a treaty = with the=20 Cherokee people who should assemble there and those who did not come = they should=20 conclude gave their assent and sanction to whatever should be transacted = at this=20 council and the people having met in council according to said notice. =

Therefore the following articles of a treaty are agreed upon and = concluded=20 between William Carroll and John F. Schermerhorn commissioners on the = part of=20 the United States and the chiefs and head men and people of the Cherokee = nation=20 in general council assembled this 29th day of Decr 1835.

ARTICLE 1.

The Cherokee nation hereby cede relinquish and = convey to the=20 United States all the lands owned claimed or possessed by them east of = the=20 Mississippi river, and hereby release all their claims upon the United = States=20 for spoliations of every kind for and in consideration of the sum of = five=20 millions of dollars to be expended paid and invested in the manner = stipulated=20 and agreed upon in the following articles But as a question has arisen = between=20 the commissioners and the Cherokees whether the Senate in their = resolution by=20 which they advised =E2=80=9Cthat a sum not exceeding five millions of = dollars be paid to=20 the Cherokee Indians for all their lands and possessions east of the = Mississippi=20 river=E2=80=9D have included and made any allowance or consideration for = claims for=20 spoliations it is therefore agreed on the part of the United States that = this=20 question shall be again submitted to the Senate for their consideration = and=20 decision and if no allowance was made for spoliations that then an = additional=20 sum of three hundred thousand dollars be allowed for the same.

ARTICLE 2.

Whereas by the treaty of May 6th 1828 and the = supplementary=20 treaty thereto of Feb. 14th 1833 with the Cherokees west of the = Mississippi the=20 United States guarantied and secured to be conveyed by patent, to the = Cherokee=20 nation of Indians the following tract of country =E2=80=9CBeginning at a = point on the=20 old western territorial line of Arkansas Territory being twenty-five = miles north=20 from the point where

Page=20 441

the territorial line crosses Arkansas river, thence running from said = north=20 point south on the said territorial line where the said territorial line = crosses=20 Verdigris river; thence down said Verdigris river to the Arkansas river; = thence=20 down said Arkansas to a point where a stone is placed opposite the east = or lower=20 bank of Grand river at its junction with the Arkansas; thence running = south=20 forty-four degrees west one mile; thence in a straight line to a point = four=20 miles northerly, from the mouth of the north fork of the Canadian; = thence along=20 the said four mile line to the Canadian; thence down the Canadian to the = Arkansas; thence down the Arkansas to that point on the Arkansas where = the=20 eastern Choctaw boundary strikes said river and running thence with the = western=20 line of Arkansas Territory as now defined, to the southwest corner of = Missouri;=20 thence along the western Missouri line to the land assigned the Senecas; = thence=20 on the south line of the Senecas to Grand river; thence up said Grand = river as=20 far as the south line of the Osage reservation, extended if necessary; = thence up=20 and between said south Osage line extended west if necessary, and a line = drawn=20 due west from the point of beginning to a certain distance west, at = which a line=20 running north and south from said Osage line to said due west line will = make=20 seven millions of acres within the whole described boundaries. In = addition to=20 the seven millions of acres of land thus provided for and bounded, the = United=20 States further guaranty to the Cherokee nation a perpetual outlet west, = and a=20 free and unmolested use of all the country west of the western boundary = of said=20 seven millions of acres, as far west as the sovereignty of the United = States and=20 their right of soil extend:

Provided however That if the saline or salt = plain on=20 the western prairie shall fall within said limits prescribed for said = outlet,=20 the right is reserved to the United States to permit other tribes of red = men to=20 get salt on said plain in common with the Cherokees; And letters patent = shall be=20 issued by the United States as soon as practicable for the land hereby=20 guarantied.=E2=80=9D

And whereas it is apprehended by the Cherokees that = in the=20 above cession there is not contained a sufficient quantity of land for = the=20 accommodation of the whole nation on their removal west of the = Mississippi the=20 United States in consideration of the sum of five hundred thousand = dollars=20 therefore hereby covenant and agree to convey to the said Indians, and = their=20 descendants by patent, in fee simple the following additional tract of = land=20 situated between the west line of the State of Missouri and the Osage=20 reservation beginning at the southeast corner of the same and runs north = along=20 the east line of the Osage lands fifty miles to the northeast corner = thereof;=20 and thence east to the west line of the State of Missouri; thence with = said line=20 south fifty miles; thence west to the place of beginning; estimated to = contain=20 eight hundred thousand acres of land; but it is expressly understood = that if any=20 of the lands assigned the Quapaws shall fall within the aforesaid bounds = the=20 same shall be reserved and excepted out of the lands above granted and a = pro=20 rata reduction shall be made in the price to be allowed to the United = States for=20 the same by the Cherokees.

ARTICLE 3.

The United States also agree that the lands above = ceded by=20 the treaty of Feb. 14 1833, including the outlet, and those ceded by = this treaty=20 shall all be included in one patent executed to the Cherokee nation of = Indians=20 by the President of the United States according to the provisions of the = act of=20 May 28 1830. It is, however, agreed that the military=20 reservation at Fort Gibson shall be held by the United States. But = should the=20 United States abandon said post and have no further use for the same it = shall=20 revert to the Cherokee nation. The United States shall = always=20 have the right to make and establish such post and military roads and = forts in=20 any part of the Cherokee country, as they may deem proper for the = interest and=20 protection of the same

Page=20 442

and the free use of as much land, timber, fuel and materials of all = kinds for=20 the construction and support of the same as may be necessary; provided = that if=20 the private rights of individuals are interfered with, a just = compensation=20 therefor shall be made.

ARTICLE 4.

The United States also stipulate and agree to = extinguish for=20 the benefit of the Cherokees the titles to the reservations within their = country=20 made in the Osage treaty of 1825 to certain half-breeds and for this = purpose=20 they hereby agree to pay to the persons to whom the same belong or have = been=20 assigned or to their agents or guardians whenever they shall execute = after the=20 ratification of this treaty a satisfactory conveyance for the same, to = the=20 United States, the sum of fifteen thousand dollars according to a = schedule=20 accompanying this treaty of the relative value of the several = reservations.

And whereas by the several treaties between the = United=20 States and the Osage Indians the Union and Harmony Missionary = reservations which=20 were established for their benefit are now situated within the country = ceded by=20 them to the United States; the former being situated in the Cherokee = country and=20 the latter in the State of Missouri. It is therefore agreed that the = United=20 States shall pay the American Board of Commissioners for Foreign = Missions for=20 the improvements on the same what they shall be appraised at by Capt. = Geo.=20 Vashon Cherokee sub-agent Abraham Redfield and A. P. Chouteau or such = persons as=20 the President of the United States shall appoint and the money allowed = for the=20 same shall be expended in schools among the Osages and improving their=20 condition. It is understood that the United States are to pay the amount = allowed=20 for the reservations in this article and not the Cherokees.

ARTICLE 5.

The United States hereby covenant and agree that = the lands=20 ceded to the Cherokee nation in the forgoing article shall, in no future = time=20 without their consent, be included within the territorial limits or = jurisdiction=20 of any State or Territory. But they shall secure to the Cherokee nation = the=20 right by their national councils to make and carry into effect all such = laws as=20 they may deem necessary for the government and protection of the persons = and=20 property within their own country belonging to their people or such = persons as=20 have connected themselves with them: provided always that they shall not = be=20 inconsistent with the constitution of the United States and such acts of = Congress as have been or may be passed regulating trade and intercourse = with the=20 Indians; and also, that they stall not be considered as extending to = such=20 citizens and army of the United States as may travel or reside in the = Indian=20 country by permission according to the laws and regulations established = by the=20 Government of the same.

ARTICLE 6.

Perpetual peace and friendship shall exist between = the=20 citizens of the United States and the Cherokee Indians. The United = States agree=20 to protect the Cherokee nation from domestic strife and foreign enemies = and=20 against intestine wars between the several tribes. The Cherokees shall = endeavor=20 to preserve and maintain the peace of the country and not make war upon = their=20 neighbors they shall also be protected against interruption and = intrusion from=20 citizens of the United States, who may attempt to settle in the country = without=20 their consent; and all such persons shall be removed from the same by = order of=20 the President of the United States. But this is not intended to prevent = the=20 residence among them of useful farmers mechanics and teachers for the=20 instruction of Indians according to treaty stipulations.

ARTICLE 7.

The Cherokee nation having already made great = progress in=20 civilization and deeming it important that every proper and laudable = inducement=20 should be offered to their people to improve their condition as well as = to guard=20 and secure in the most effectual manner the rights guarantied to them in = this=20 treaty, and with a view to illustrate the liberal and enlarged policy of = the=20 Government of the United States towards

Page=20 443

the Indians in their removal beyond the territorial limits of the = States, it=20 is stipulated that they shall be entitled to a delegate in the House of=20 Representatives of the United States whenever Congress shall make = provision for=20 the same.

ARTICLE 8.

The United States also agree and stipulate to = remove the=20 Cherokees to their new homes and to subsist them one year after their = arrival=20 there and that a sufficient number of steamboats and baggage-wagons = shall be=20 furnished to remove them comfortably, and so as not to endanger their = health,=20 and that a physician well supplied with medicines shall accompany each=20 detachment of emigrants removed by the Government. Such persons and = families as=20 in the opinion of the emigrating agent are capable of subsisting and = removing=20 themselves shall be permitted to do so; and they shall be allowed in = full for=20 all claims for the same twenty dollars for each member of their family; = and in=20 lieu of their one year's rations they shall be paid the sum of = thirty-three=20 dollars and thirty-three cents if they prefer it.

Such Cherokees also as reside at present out of the nation and shall = remove=20 with them in two years west of the Mississippi shall be entitled to = allowance=20 for removal and subsistence as above provided.

ARTICLE 9.

The United States agree to appoint suitable agents = who shall=20 make a just and fair valuation of all such improvements now in the = possession of=20 the Cherokees as add any value to the lands; and also of the ferries = owned by=20 them, according to their net income; and such improvements and ferries = from=20 which they have been dispossessed in a lawless manner or under any = existing laws=20 of the State where the same may be situated.

The just debts of the Indians shall be paid out of any monies due = them for=20 their improvements and claims; and they shall also be furnished at the=20 discretion of the President of the United States with a sufficient sum = to enable=20 them to obtain the necessary means to remove themselves to their new = homes, and=20 the balance of their dues shall be paid them at the Cherokee agency west = of the=20 Mississippi. The missionary establishments shall also be valued and = appraised in=20 a like manner and the amount of them paid over by the United States to = the=20 treasurers of the respective missionary societies by whom they have been = established and improved in order to enable them to erect such buildings = and=20 make such improvements among the Cherokees west of the Mississippi as = they may=20 deem necessary for their benefit. Such teachers at present among the = Cherokees=20 as this council shall select and designate shall be removed west of the=20 Mississippi with the Cherokee nation and on the same terms allowed to = them.

ARTICLE 10.

The President of the United States shall invest in = some safe=20 and most productive public stocks of the country for the benefit of the = whole=20 Cherokee nation who have removed or shall remove to the lands assigned = by this=20 treaty to the Cherokee nation west of the Mississippi the following sums = as a=20 permanent fund for the purposes hereinafter specified and pay over the = net=20 income of the same annually to such person or persons as shall be = authorized or=20 appointed by the Cherokee nation to receive the same and their receipt = shall be=20 a full discharge for the amount paid to them viz: the sum of two hundred = thousand dollars in addition to the present annuities of the nation to=20 constitute a general fund the interest of which shall be applied = annually by the=20 council of the nation to such purposes as they may deem best for the = general=20 interest of their people. The sum of fifty thousand dollars to = constitute an=20 orphans' fund the annual income of which shall be expended towards the = support=20 and education of such orphan children as are destitute of the means of=20 subsistence. The sum of one hundred and fifty thousand dollars in = addition to=20 the present school fund of the nation shall constitute a permanent = school fund,=20 the interest of which shall be applied annually by the council of the = nation for=20 the support of

Page=20 444

common schools and such a literary institution of a higher order as = may be=20 established in the Indian country. And in order to secure as far as = possible the=20 true and beneficial application of the orphans' and school fund the = council of=20 the Cherokee nation when required by the President of the United States = shall=20 make a report of the application of those funds and he shall at all = times have=20 the right if the funds have been misapplied to correct any abuses of = them and=20 direct the manner of their application for the purposes for which they = were=20 intended. The council of the nation may by giving two years' notice of = their=20 intention withdraw their funds by and with the consent of the President = and=20 Senate of the United States, and invest them in such manner as they may = deem=20 most proper for their interest. The United States also agree and = stipulate to=20 pay the just debts and claims against the Cherokee nation held by the = citizens=20 of the same and also the just claims of citizens of the United States = for=20 services rendered to the nation and the sum of sixty thousand dollars is = appropriated for this purpose but no claims against individual persons = of the=20 nation shall be allowed and paid by the nation. The sum of three hundred = thousand dollars is hereby set apart to pay and liquidate the just = claims of the=20 Cherokees upon the United States for spoliations of every kind, that = have not=20 been already satisfied under former treaties.

ARTICLE 11.

The Cherokee nation of Indians believing it will = be for the=20 interest of their people to have all their funds and annuities under = their own=20 direction and future disposition hereby agree to commute their permanent = annuity=20 of ten thousand dollars for the sum of two hundred and fourteen thousand = dollars, the same to be invested by the President of the United States = as a part=20 of the general fund of the nation; and their present school fund = amounting to=20 about fifty thousand dollars shall constitute a part of the permanent = school=20 fund of the nation.

ARTICLE 12.

Those individuals and families of the Cherokee = nation that=20 are averse to a removal to the Cherokee country west of the Mississippi = and are=20 desirous to become citizens of the States where they reside and such as = are=20 qualified to take care of themselves and their property shall be = entitled to=20 receive their due portion of all the personal benefits accruing under = this=20 treaty for their claims, improvements and per capita; as soon as = an=20 appropriation is made for this treaty.

Such heads of Cherokee families as are desirous to reside within the = States=20 of No. Carolina, Tennessee, and Alabama subject to the laws of the same; = and who=20 are qualified or calculated to become useful citizens shall be entitled, = on the=20 certificate of the commissioners to a preemption right to one hundred = and sixty=20 acres of land or one quarter section at the minimum Congress price; so = as to=20 include the present buildings or improvements of those who now reside = there and=20 such as do not live there at present shall be permitted to locate within = two=20 years any lands not already occupied by persons entitled to pre-emption=20 privilege under this treaty and if two or more families live on the same = quarter=20 section and they desire to continue their residence in these States and = are=20 qualified as above specified they shall, on receiving their pre-emption=20 certificate be entitled to the right of pre-emption to such lands as = they may=20 select not already taken by any person entitled to them under this = treaty.

It is stipulated and agreed between the United States and the = Cherokee people=20 that John Ross, James Starr, George Hicks, John Gunter, George Chambers, = John=20 Ridge, Elias Boudinot, George Sanders, John Martin , William Rogers, = Roman Nose=20 Situwake, and John Timpson shall be a committee on the part of the = Cherokees to=20 recommend such persons for the privilege of pre-emption rights as may be = deemed=20 entitled to the same under the above articles and to select the = missionaries who=20 shall be removed with the nation; and that they be hereby

Page=20 445

fully empowered and authorized to transact all business on the part = of the=20 Indians which may arise in carrying into effect the provisions of this = treaty=20 and settling the same with the United States. If any of the persons = above=20 mentioned should decline acting or be removed by death; the vacancies = shall be=20 filled by the committee themselves.

It is also understood and agreed that the sum of one hundred thousand = dollars=20 shall be expended by the commissioners in such manner as the committee = deem best=20 for the benefit of the poorer class of Cherokees as shall remove west or = have=20 removed west and are entitled to the benefits of this treaty. The same = to be=20 delivered at the Cherokee agency west as soon after the removal of the = nation as=20 possible.

ARTICLE 13.

In order to make a final settlement of all the = claims of the=20 Cherokees for reservations granted under former treaties to any = individuals=20 belonging to the nation by the United States it is therefore hereby = stipulated=20 and agreed and expressly understood by the parties to this = treaty=E2=80=94that all the=20 Cherokees and their heirs and descendants to whom any reservations have = been=20 made under any former treaties with the United States, and who have not = sold or=20 conveyed the same by deed or otherwise and who in the opinion of the=20 commissioners have complied with the terms on which the reservations = were=20 granted as far as practicable in the several cases; and which = reservations have=20 since been sold by the United States shall constitute a just claim = against the=20 United States and the original reservee or their heirs or descendants = shall be=20 entitled to receive the present value thereof from the United States as=20 unimproved lands. And all such reservations as have not been sold by the = United=20 States and where the terms on which the reservations were made in the = opinion of=20 the commissioners have been complied with as far as practicable, they or = their=20 heirs or descendants shall be entitled to the same. They are hereby = granted and=20 confirmed to them=E2=80=94and also all persons who were entitled to = reservations under=20 the treaty of 1817 and who as far as practicable in the opinion of the=20 commissioners, have complied with the stipulations of said treaty, = although by=20 the treaty of 1819 such reservations were included in the unceded lands=20 belonging to the Cherokee nation are hereby confirmed to them and they = shall be=20 entitled to receive a grant for the same. And all such reservees as were = obliged=20 by the laws of the States in which their reservations were situated, to = abandon=20 the same or purchase them from the States shall be deemed to have a just = claim=20 against the United States for the amount by them paid to the States with = interest thereon for such reservations and if obliged to abandon the = same, to=20 the present value of such reservations as unimproved lands but in all = cases=20 where the reservees have sold their reservations or any part thereof and = conveyed the same by deed or otherwise and have been paid for the same, = they=20 their heirs or descendants or their assigns shall not be considered as = having=20 any claims upon the United States under this article of the treaty nor = be=20 entitled to receive any compensation for the lands thus disposed of. It = is=20 expressly understood by the parties to this treaty that the amount to be = allowed=20 for reservations under this article shall not be deducted out of the=20 consideration money allowed to the Cherokees for their claims for = spoilations=20 and the cession of their lands; but the same is to be paid for = independently by=20 the United States as it is only a just fulfillment of former treaty=20 stipulations.

ARTICLE 14.

It is also agreed on the part of the United States = that such=20 warriors of the Cherokee nation as were engaged on the side of the = United States=20 in the late war with Great Britain and the southern tribes of Indians, = and who=20 were wounded in such service shall be entitled to such pensions as shall = be=20 allowed them by the Congress of the United States to commence from the = period of=20 their disability.

Page=20 446

ARTICLE 15.

It is expressly understood and agreed between the = parties to=20 this treaty that after deducting the amount which shall be actually = expended for=20 the payment for improvements, ferries, claims, for spoliations, removal=20 subsistence and debts and claims upon the Cherokee nation and for the = additional=20 quantity of lands and goods for the poorer class of Cherokees and the = several=20 sums to be invested for the general national funds; provided for in the = several=20 articles of this treaty the balance whatever the same may be shall be = equally=20 divided between all the people belonging to the Cherokee nation east = according=20 to the census just completed; and such Cherokees as have removed west = since June=20 1833 who are entitled by the terms of their enrollment and removal to = all the=20 benefits resulting from the final treaty between the United States and = the=20 Cherokees east they shall also be paid for their improvements according = to their=20 approved value before their removal where fraud has not already been = shown in=20 their valuation.

ARTICLE 16.

It is hereby stipulated and agreed by the = Cherokees that=20 they shall remove to their new homes within two years from the = ratification of=20 this treaty and that during such time the United States shall protect = and defend=20 them in their possessions and property and free use and occupation of = the same=20 and such persons as have been dispossessed of their improvements and = houses; and=20 for which no grant has actually issued previously to the enactment of = the law of=20 the State of Georgia, of December 1835 to regulate Indian occupancy = shall be=20 again put in possession and placed in the same situation and condition, = in=20 reference to the laws of the State of Georgia, as the Indians that have = not been=20 dispossessed; and if this is not done, and the people are left = unprotected, then=20 the United States shall pay the several Cherokees for their losses and = damages=20 sustained by them in consequence thereof. And it is also stipulated and = agreed=20 that the public buildings and improvements on which they are situated at = New=20 Echota for which no grant has been actually made previous to the passage = of the=20 above recited act if not occupied by the Cherokee people shall be = reserved for=20 the public and free use of the United States and the Cherokee Indians = for the=20 purpose of settling and closing all the Indian business arising under = this=20 treaty between the commissioners of claims and the Indians.

The United States, and the several States interested in the Cherokee = lands,=20 shall immediately proceed to survey the lands ceded by this treaty; but = it is=20 expressly agreed and understood between the parties that the agency = buildings=20 and that tract of land surveyed and laid off for the use of Colonel R. = J. Meigs=20 Indian agent or heretofore enjoyed and occupied by his successors in = office=20 shall continue subject to the use and occupancy of the United States, or = such=20 agent as may be engaged specially superintending the removal of the = tribe.

ARTICLE 17.

All the claims arising under or provided for in = the several=20 articles of this treaty, shall be examined and adjudicated by such = commissioners=20 as shall be appointed by the President of the United States by and with = the=20 advice and consent of the Senate of the United States for that purpose = and their=20 decision shall be final and on their certificate of the amount due the = several=20 claimants they shall be paid by the United States. All stipulations in = former=20 treaties which have not been superseded or annulled by this shall = continue in=20 full force and virtue.

ARTICLE 18.

Whereas in consequence of the unsettled affairs of = the=20 Cherokee people and the early frosts, their crops are insufficient to = support=20 their families and great distress is likely to ensue and whereas the = nation will=20 not, until after their removal be able advantageously to expend the = income of=20 the permanent funds of the nation it is therefore agreed that the = annuities of=20 the nation which may accrue under this

Page=20 447

treaty for two years, the time fixed for their removal shall be = expended in=20 provision and clothing for the benefit of the poorer class of the nation = and the=20 United States hereby agree to advance the same for that purpose as soon = after=20 the ratification of this treaty as an appropriation for the same shall = be made.=20 It is however not intended in this article to interfere with that part = of the=20 annuities due the Cherokees west by the treaty of 1819.

ARTICLE 19.

This treaty after the same shall be ratified by = the=20 President and Senate of the United States shall be obligatory on the = contracting=20 parties.

ARTICLE 20.

[Supplemental article. Stricken out by Senate.]

In testimony whereof, the commissioners and the chiefs, head men, and = people=20 whose names are hereunto annexed, being duly authorized by the people in = general=20 council assembled, have affixed their hands and seals for themselves, = and in=20 behalf of the Cherokee nation.
I have examined the foregoing treaty, = and=20 although not present when it was made, I approve its provisions = generally, and=20 therefore sign it.

Wm. Carroll,

J. F. Schermerhorn.

Major Ridge, his x mark, [L. S.]

James Foster, his x mark, [L. S.]

Tesa-ta-esky, his x mark, [L. S.]

Charles Moore, his x mark, [L. S.]

George Chambers, his x mark, [L. = S.]

Tah-yeske, his x mark, [L. S.]

Archilla Smith, his x mark, [L. S.]

Andrew Ross, [L. S.]

William Lassley, [L. S.]

Cae-te-hee, his x mark , [L. S.]

Te-gah-e-ske, his x mark, [L. S.]Robert Rogers, = [L.=20 S.]

John Gunter, [L. S.]

John A. Bell, [L. S.]

Charles F. Foreman, [L. S.]

William Rogers, [L. S.]

George W. Adair, [L. S.]

Elias Boudinot, [L. S.]

James Starr, his x mark, [L. S.]

Jesse Half-breed, his x mark, [L. = S.]

Signed and sealed in presence of=E2=80=94

Western B. Thomas, secretary.

Ben. F. Currey, special agent.

M. Wolfe Batman, first lieutenant, sixth U. S. = infantry,=20 disbursing agent.

Jon. L. Hooper, lieutenant, fourth = Infantry.

C. M Hitchcock, M. D., assistant surgeon,=20 U.S.A.

G. W. Currey,

Wm. H. Underwood,

Cornelius D. Terhune,

John W. H. Underwood.

In compliance with instructions of the council at New Echota, we sign = this=20 treaty.

Stand Watie,

John Ridge.

March 1, 1836.

Witnesses:

Elbert Herring,

Alexander H. Everett,

John Robb,

D. Kurtz,

Wm.Y. Hansell,

Samuel J. Potts,

Jno. Litle,

S. Rockwell.

Dec. 31, 1835 | 7 Stat., 487.
Whereas the western = Cherokees have=20 appointed a delegation to visit the eastern Cherokees to assure them of = the=20 friendly disposition of their people and their desire that the nation = should=20 again be united as one people and to urge upon them the expediency of = accepting=20 the overtures of the Government; and that, on their removal they may be = assured=20 of a hearty welcome and an equal participation with them in all the = benefits and=20 privileges of the Cherokee country west and the undersigned two of said=20 delegation being the only delegates in the eastern nation from the west = at the=20 signing and sealing of the treaty lately concluded at New Echota between = their=20 eastern brethren and the United States; and having fully understood the=20 provisions of the same they agree to it in behalf of the western = Cherokees. But=20 it is expressly understood that nothing in this treaty shall affect any = claims=20 of the western Cherokees on the United States.

Page=20 448

In testimony whereof, we have, this 31st day of December, 1835, = hereunto set=20 our hands and seals.

James Rogers,

John Smith.
Delegates = from the=20 western Cherokees.

Test:

Ben. F. Currey, special agent.

M. W. Batman, first lieutenant, Sixth Infantry,=20

Jno. L. Hooper, lieutenant, Fourth Infantry, =

Elias Boudinot.

Schedule and estimated value of the Osage half-breed=20 reservations within the territory ceded to the Cherokees west of = the=20 Mississippi, (referred to in article 5 on the foregoing treaty,)=20 viz:
Augustus Clamont	one section	$6,000
James	" " "	1,000
Paul	" " "	1,300
Henry	" " "	800
Anthony	" " "	1,800
Rosalie	" " "	1,800
Emilia D, of Mihanga	" " "	1,000
Emilia D, of Shemianga	" " "	1,300
		$15,000

I hereby certify that the above schedule is the estimated value of = the Osage=20 reservations, as made out and agreed upon with Col. A. P. Choteau who=20 represented himself as the agent or guardian of the above reservees. =

J. F. Schermerhorn.

March 14, 1835.

Supplementary articles to a treaty = concluded at New=20 Echota, Georgia, December 29, 1835, between the United States and = Cherokee=20 people.
March 1, 1836. | 7 Stat., 488. | Proclamation, May 23, = 1836.=20

WHEREAS the undersigned were authorized at the general meeting of the = Cherokee people held at New Echota as above stated, to make and assent = to such=20 alterations in the preceding treaty as might be thought necessary, and = whereas=20 the President of the United States has expressed his determination not = to allow=20 any pre-emptions or reservations his desire being that the whole = Cherokee people=20 should remove together and establish themselves in the country provided = for them=20 west of the Mississippi river.

ARTICLE 1.

It is therefore agreed that all the pre-emption = rights and=20 reservations provided for in articles 12 and 13 shall be and are hereby=20 relinquished and declared void.

ARTICLE 2.

Whereas the Cherokee people have supposed that the sum of five = millions of=20 dollars fixed by the Senate in their resolution of=E2=80=94=E2=80=94day = of March, 1835, as the=20 value of the Cherokee lands and possessions east of the Mississippi = river was=20 not intended to include the amount which may be required to remove them, = nor the=20 value of certain claims which many of their people had against citizens = of the=20 United States, which suggestion has been confirmed by the opinion = expressed to=20 the War Department by some of the Senators who voted upon the question = and=20 whereas the President is willing that this subject should be referred to = the=20 Senate for their consideration and if it was not intended by the Senate = that the=20 above-mentioned sum of five millions of dollars should include the = objects=20 herein specified that in that case such further provision should be made = therefor as might appear to the Senate to be just.

Page=20 449

ARTICLE 3.

It is therefore agreed that the sum of six hundred = thousand=20 dollars shall be and the same is hereby allowed to the Cherokee people = to=20 include the expense of their removal, and all claims of every nature and = description against the Government of the United States not herein = otherwise=20 expressly provided for, and to be in lieu of the said reservations and=20 pre-emptions and of the sum of three hundred thousand dollars for = spoliations=20 described in the 1st article of the above-mentioned treaty. This sum of = six=20 hundred thousand dollars shall be applied and distributed agreeably to = the=20 provisions of the said treaty, and any surplus which may remain after = removal=20 and payment of the claims so ascertained shall be turned over and belong = to the=20 education fund. But it is expressly understood that the subject of this = article=20 is merely referred hereby to the consideration of the Senate and if they = shall=20 approve the same then this supplement shall remain part of the treaty. =

ARTICLE 4.

It is also understood that the provisions in = article 16, for=20 the agency reservation is not intended to interfere with the occupant = right of=20 any Cherokees should their improvement fall within the same. It is also=20 understood and agreed, that the one hundred thousand dollars = appropriated in=20 article 12 for the poorer class of Cherokees and intended as a set-off = to the=20 pre-emption rights shall now be transferred from the funds of the nation = and=20 added to the general national fund of four hundred thousand dollars so = as to=20 make said fund equal to five hundred thousand dollars.

ARTICLE 5.

The necessary expenses attending the negotiations = of the=20 aforesaid treaty and supplement and also of such persons of the = delegation as=20 may sign the same shall be defrayed by the United States.

In testimony whereof, John F. Schermerhorn, commissioner on the part = of the=20 United States, and the undersigned delegation have hereunto set their = hands and=20 seals, this first day of March, in the year one thousand eight hundred = and=20 thirty-six.

J. F. Schermerhorn.

Major Ridge, his x mark, [L. S.]

James Foster, his x mark, [L. S.]

Tah-ye-ske, his x mark, [L. S.]

Long Shell Turtle, his x mark, [L. = S.]

John Fields, his x mark, [L. S.]

James Fields, his x mark, [L. S.]

George Welch, his x mark, [L. S.]

Andrew Ross, [L. S.]

William Rogers, [L. S.]

John Gunter, [L. S.]

John A. Bell, [L. S.]

Jos. A. Foreman,

Robert Sanders, [L. S.]

Elias Boudinot, [L. S.]

Johnson Rogers, [L. S.]

James Starr, his x mark, [L. S.]

Stand Watie, [L. S.]

John Ridge, [L. S.]

James Rogers, [L. S.]

John Smith, his x mark.[L. S.]

Witnesses:

Elbert Herring,

Thos. Glascock,

Alexander H. Everett,

Jno. Garland, Major, U. S. Army,

C. A. Harris,

John Robb,

Wm. Y. Hansell,

Saml. J. Potts,

Jno. Litle,

S. Rockwell.

Search | OSU Library = Electronic=20 Publishing Center

Produced by the Oklahoma State = University=20 Library
URL:=20 http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu

------=_NextPart_000_0053_01CA05F4.727E7650 Content-Type: image/gif Content-Transfer-Encoding: base64 Content-Location: http://digital.library.okstate.edu/kappler/Vol2/treaties/images/kappler40.gif R0lGODlh3AUBAPcAAJx7Wsale8bGxs7Ozt7e3u+9lO/v7/f39//OnP////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// //////////////////////////////////////////////////////////////////////////// /////////////////////////////////////////////////////ywAAAAA3AUBAAAIWAARFAgA QCBBgwUHJjyoEKHDhgoFSBxAwICBBBgzatzIsaPHjyBDihxJsqTJkyhTqlzJsqXLlzBjypxJs6bN mzhz6tzJs6fPn0CDCh1KtKjRo0iTKl3KMiAAOw== ------=_NextPart_000_0053_01CA05F4.727E7650 Content-Type: text/css; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://digital.library.okstate.edu/kappler/Vol2/treaties/kstyles.css .smallfont { FONT-SIZE: 14px; MARGIN-LEFT: 65px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } P { FONT-SIZE: 15px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } BLOCKQUOTE { FONT-SIZE: 15px; MARGIN-LEFT: 60px; MARGIN-RIGHT: 60px; FONT-FAMILY: = "geneva", "arial", "verdana" } OL { FONT-SIZE: 15px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } UL { FONT-SIZE: 15px; MARGIN-LEFT: 60px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } H2 { FONT-SIZE: 30px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } H3 { FONT-SIZE: 25px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } H4 { FONT-WEIGHT: bold; FONT-SIZE: 18px; MARGIN-LEFT: 40px; MARGIN-RIGHT: = 40px; FONT-FAMILY: "geneva", "arial", "verdana" } H5 { FONT-WEIGHT: bold; FONT-SIZE: 15px; MARGIN-LEFT: 40px; MARGIN-RIGHT: = 40px; FONT-FAMILY: "geneva", "arial", "verdana" } H6 { FONT-SIZE: 10px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } TH { FONT-FAMILY: "geneva", "arial", "verdana" } DL { FONT-SIZE: 14px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } TD { FONT-SIZE: 15px; FONT-FAMILY: "geneva", "arial", "verdana" } SUP { FONT-SIZE: 10px; FONT-FAMILY: "geneva", "arial", "verdana" } SUB { FONT-SIZE: 10px; FONT-FAMILY: "geneva", "arial", "verdana" } .sansline { FONT-WEIGHT: bold; FONT-SIZE: 15px; MARGIN-LEFT: 40px; MARGIN-RIGHT: = 40px; FONT-FAMILY: "geneva", "arial", "verdana" } CENTER { FONT-SIZE: 15px; MARGIN-LEFT: 40px; MARGIN-RIGHT: 40px; FONT-FAMILY: = "geneva", "arial", "verdana" } A:link { COLOR: #0000ff; TEXT-DECORATION: none } A:visited { COLOR: #0000ff; TEXT-DECORATION: none } A:hover { COLOR: red; TEXT-DECORATION: none } ------=_NextPart_000_0053_01CA05F4.727E7650--