TREATY WITH THE CHEROKEE, 1817.
July 8, 1817. | 7 Stat., 156. | Proclamation, Dec. 26, 1817.
Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled
and edited by Charles J. Kappler. Washington : Government Printing Office,
1904.
Home | Introduction
| Table of Contents
Preamble.
Cession of lands to United States in exchange for other
lands.
Further cession of lands.
A census of the Cherokee Nation to be taken.
Annuity, how to be divided between the Cherokees.
The United States to give as much land, etc., as they
receive from the Cherokees.
Former treaties in force.
Rifleguns, ammunition, etc., as compensation for Cherokee
improvements.
Full compensation for improvements of real
value.
Payments for improvements which add real value to ceded
lands, etc.
Reservations for heads of Indian families.
Free navigation of all the waters, etc.
Cession to the United States of certain
reservations.
Boundary lines to be run by commissioners.
United States to prevent intruders until the treaty is
ratified, etc.
When to take effect.
Articles of a treaty concluded, at the Cherokee Agency, within the Cherokee nation, between mayor general Andrew Jackson, Joseph M'Minn, governor of the state of Tennessee, and general David Meriwether, commissioners plenipotentiary of the United States of America, of the one part, and the chiefs, head men and warriors, of the Cherokee nation, east of the Mississippi river, and the chiefs, head men, and warriors, of the Cherokees on the Arkansas river, and their deputies, John D. Chisholm and James Rogers, duly authorized by the chiefs of the Cherokees on the Arkansas river, in open council, by written power of attorney, duly signed and executed, in presence of Joseph Sevier and William Ware.
WHEREAS in the autumn of the year one thousand eight hundred and eight, a deputation from the Upper and Lower Cherokee towns, duly authorized by their nation, went on to the city of Washington, the first
named to declare to the President of the United States their anxious desire
to engage in the pursuits of agriculture and civilized life in the country
they then occupied, and to make known to the President of the United States
the impracticability of inducing the nation at large to do this, and to request
the establishment of a division line between the upper and lower towns, so
as to include all the waters of the Hiwassee river to the upper town, that,
by thus contracting their society within narrow limits, they proposed to
begin the establishment of fixed laws and a regular government: The deputies
from the lower towns to make known their desire to continue the hunter life,
and also the scarcity of game where they then lived, and, under those
circumstances, their wish to remove across the Mississippi river, on some
vacant lands of the United States. And whereas the President of the United
States, after maturely considering the petitions of both parties, on the
ninth day of January, A. D. one thousand eight hundred and nine, including
other subjects, answered those petitions as follows: "The United States,
my children, are the friends of both parties, and, as far as can be reasonably
asked, they are willing to satisfy the wishes of both. Those who remain may
be assured of our patronage, our aid and good neighborhood. Those who wish
to remove, are permitted to send an exploring party to reconnoitre the country
on the waters of the Arkansas and White rivers, and the higher up the better,
as they will be the longer unapproached by our settlements, which will begin
at the mouths of those rivers. The regular districts of the government of
St. Louis are already laid off to the St. Francis.
"When this party shall have found a tract of country suiting the emigrants,
and not claimed by other Indians, we will arrange with them and you the exchange
of that for a just portion of the country they leave, and to a part of which,
proportioned to their numbers, they have a right. Every aid towards their
removal, and what will be necessary for them there, will then be freely
administered to them; and when established in their new settlements, we shall
still consider them as our children, give them the benefit of exchanging
their peltries for what they will want at our factories, and always hold
them firmly by the hand."
And whereas the Cherokees, relying on the promises of the President of the
United States, as above recited, did explore the country on the west side
of the Mississippi, and made choice of the country on the Arkansas and White
rivers, and settled themselves down upon United States lands, to which no
other tribe of Indians have any just claim and have duly notified the President
of the United States thereof, and of their anxious desire for the full and
complete ratification of his promise, and, to that end, as notified by the
President of the United States, have sent on their agents, with full powers
to execute a treaty, relinquishing to the United States all the right, title,
and interest, to all lands of right to them belonging, as part of the Cherokee
nation, which they have left, and which they are about to leave, proportioned
to their numbers, including, with those now on the Arkansas, those who are
about to remove thither, and to a portion of which they have an equal right
agreeably to their numbers.
Now, know ye that the contracting parties, to carry into full effect the
before recited promises with good faith, and to promote a continuation of
friendship with their brothers on the Arkansas river, and for that purpose
to make an equal distribution of the annuities secured to be paid by the
United States to the whole Cherokee nation, have agreed and concluded on
the following articles, viz:
ART. 1. The chiefs, head men, and warriors, of the
whole Cherokee nation, cede to the United States all the lands lying north
and east of the following boundaries, viz: Beginning at the high shoals of
the Appalachy river, and running thence, along the boundary line between
the Creek and Cherokee nations westwardly to the Chatahouchy river;
thence, up the Chatahouchy river, to the mouth of Souque creek; thence,
continuing with the general course of the river until it reaches the Indian
boundary line, and, should it strike the Turrurar river, thence, with its
meanders, down said river to its mouth, in part of the proportion of land
in the Cherokee nation east of the Mississippi, to which those now on the
Arkansas and those about to remove there are justly entitled.
ART. 2. The chiefs head men, and warriors, of the
whole Cherokee nation. do also cede to the United States all the lands lying
north and west of the following boundary lines, viz: Beginning at the Indian
boundry line that runs from the north bank of the Tennessee river, opposite
to the mouth of Hywassee river, at a point on the top of Walden's ridge,
where it divides the waters of the Tennessee river from those of the Sequatchie
river; thence, along the said ridge southwardly, to the bank of the Tennessee
river, at a point near to a place called the Negro Sugar Camp, opposite to
the upper end of the first island above Running Water town; thence, westwardly,
a straight line to the mouth of Little Sequatchie river; thence, up said
river, to its main fork, thence, up its northenmost fork, to its source;
and thence, due west to the Indian boundary line.
ART. 3. It is also stipulated by the contracting parties,
that a census shall be taken of the whole Cherokee nation, during the month
of June in the year of our Lord one thousand eight hundred and eighteen,
in the following manner, viz: That the census of those on the east side of
the Mississippi river, who declare their intention of remaining, shall be
taken by a commissioner appointed by the President of the United States,
and a commissioner appointed by the Cherokees on the Arkansas river; and
the census of the Cherokees on the Arkansas river, and those removing there,
and who, at that time, declare their intention of removing there, shall be
taken by a commissioner appointed by the President of the United States,
and one appointed by the Cherokees east of the Mississippi river.
ART. 4. The contracting parties do also stipulate
that the annuity due from the United States to the whole Cherokee nation
for the year one thousand eight hundred and eighteen, is to be divided between
the two parts of the nation in proportion to their numbers, agreeably to
the stipulations contained in the third article of this treaty; and to be
continued to be divided thereafter in proportion to their numbers; and the
lands to be apportioned and surrendered to the United States agreeably to
the aforesaid enumeration, as the proportionate part, agreeably to their
numbers, to which those who have removed and who declare their intention
to remove, have a just right including these with the lands ceded in the
first and second articles of this treaty.
ART. 5. The United States bind themselves in exchange
for the lands ceded in the first and second articles hereof, to give to that
part of the Cherokee nation on the Arkansas as much land on said river and
White river as they have or may hereafter receive from the Cherokee nation
east of the Mississippi, acre for acre, as the just proportion due that part
of the nation on the Arkansas agreeably to their numbers; which is to commence
on the north side of the Arkansas river at the mouth of Point Remove or Budwell's
Old Place; thence, by a straight line, northwardly, to strike Chataunga mountain,
or the hill first above Shield's Ferry on White river, running up and between
said rivers for complement, the banks of which rivers to be the lines; and
to have the above line, from the point of beginning to the point on White
river, run and marked, which shall be done soon after the ratification of
this treaty; and all citizens of the United States, except. P. Lovely, who
is to remain where she lives during life, removed
from within the bounds as above named.
And it is further stipulated,
that the treaties heretofore between the Cherokee nation and the United States
are to continue in full force with both parts of the nation, and both parts
thereof entitled to all the immunities and privilege which the old nation
enjoyed under the aforesaid treaties; the United States reserving the right
of establishing factories, a military post, and roads within the boundaries
above defined.
ART. 6. The United States do also bind themselves
to give to all the poor warriors who may remove to the western side of the
Mississippi river, one rifle gun and ammunition, one blanket, and one brass
kettle, or, in lieu of the brass kettle, a beaver trap, which is to be considered
as a full compensation for the improvements which they may leave; which articles
are to be delivered at such point as the President of the United States may
direct: and to aid in the removal of the emigrants, they further agree to
furnish flat bottomed boats and provisions sufficient for that purpose: and
to those emigrants whose improvements add
real value to their lands, the United States agree to pay a full valuation
for the same, which is to be ascertained by a commissioner appointed by the
President of the United States for that purpose, and paid for as soon after
the ratification of this treaty as practicable. The boats and provisions
promised to the emigrants are to be furnished by the agent on the Tennessee
river, at such time and place as the emigrants may notify him of; and it
shall be his duty to furnish the same.
ART. 7. And for all improvements which add real value
to the lands lying within the boundaries ceded to the United States, by the
first and second articles of this treaty, the United States do agree to pay
for at the time, and to be valued in the same manner, as stipulated-in the
sixth article of this treaty; or, in lieu thereof, to give in exchange
improvements of equal value which the emigrants may leave, and for which
they are to receive pay. And it is further stipulated that all these
improvements, left by the emigrants within the bounds of the Cherokee nation
east of the Mississippi river, which add real value to the lands, and for
which the United States shall give a consideration, and not so exchanged
shall be rented to the Indians by the agent, year after year, for the benefit
of the poor and decrepid of that part of the nation east of the Mississippi
river until surrendered by the nation, or to the nation. And it is further
agreed, that the said Cherokee nation shall not be called upon for any part
of the consideration paid for said improvements at any future period.
ART. 8. And to each and every head of any Indian family
residing on the east side of the Mississippi river, on the lands that are
now or may hereafter be surrendered to the United States, who may wish to
become citizens of the United States, the United States do agree to give
a reservation of six hundred and forty acres of land in a square to include
their improvements which are to be as near the centre thereof as practicable,
in which they will have a life estate with a reversion in fee simple to their
children reserving to the widow her dower, the register of whose names is
to be filed in the office of the Cherokee agent, which shall be kept open
until the census is taken as stipulated in the third article of this treaty.
Provided, That if any of the heads of families, for whom reservations may
be made, should remove therefrom, then, in that case the right to revert
to the United States. And provided further, That the land which may be reserved
under this article, be deducted from the amount which has been ceded under
the first and second articles of this treaty.
ART. 9. It is also provided by the contracting parties,
that nothing in the foregoing articles shall be construed so as to prevent
any of the parties so contracting from the free navigation of all the waters
mentioned therein.
ART. 10. The whole of the Cherokee nation do hereby
cede to the United States all right, title, and claim, to all reservations
made to Doublehead and others, which were reserved to them by a treaty made
and entered into at the city of Washington, bearing date the seventh of January,
one thousand eight hundred and six.
ART. 11. It is further agreed that the boundary lines
of the lands ceded to the United States by the first and second articles
of this treaty, and the boundary line of the lands ceded by the United States
in the fifth article of this treaty, is to he run and marked by a commissioner
or commissioners appointed by the President of the United States, who shall
be accompanied by such commissioners as the Cherokees may appoint; due notice
thereof to be given to the nation.
ART. 12. The United States do also bind themselves
to prevent the intrusion of any of its citizens within the lands ceded by
the first and second articles of this treaty, until the same shall be ratified
by the President and Senate of the United States, and duly promulgated.
ART. 13. The contracting parties do also stipulate
that this treaty shall take effect and be obligatory on the contracting parties
so soon as the same shall be ratified by the President of the United States,
by and with the advice and consent of the Senate of the United States.
In witness of all and every thing herein determined, by and between the before
recited contracting parties, we have, in full and open council, at the Cherokee
Agency, this eighth day of July, A. D. one thousand eight hundred and seventeen,
set our hands and seals.
Andrew Jackson, [L. S.]
Joseph McMinn, [L. S.]
D. Meriwether, [L. S.]
United States Commis'rs.
Richard Brown, his x mark, [L. S.]
Cabbin Smith, his x mark, [L. S.]
Sleeping Rabbit, his x mark, [L. S.]
George Saunders, his x mark, [L. S.]
Roman Nose, his x mark, [L. S.]
Currohe Dick, his x mark, [L. S.]
John Walker, his x mark, [L. S.]
George Lowry, [L. S.]
Richard Taylor, [L. S.]
Walter Adair, [L. S.]
James Brown, [L. S.]
Kelachule, his x mark, [L. S.]
Sour Mush, his x mark, [L. S.]
Chulioa, his x mark, [L. S.]
Chickasautchee, his x mark, [L. S.]
The Bark of Chota, his x mark, [L. S.]
The Bark of Hightower, his x mark, [L. S.]
Big Half Breed, his x mark, [L. S.]
Going Snake, his x mark, [L. S.]
Leyestisky, his x mark, [L. S.]
Ch. Hicks, [L. S.]
Young Davis, his x mark, [L. S.]
Souanooka, his x mark, [L. S.]
The Locust, his x mark, [L. S.]
Beaver Carrier, his x mark, [L. S.]
Dreadful Water, his x mark, [L. S.]
Chyula, his x mark, [L. S.]
Ja. Martin, [L. S.]
John McIntosh, his x mark, [L. S.]
Katchee of Cowee, his x mark, [L. S.]
White Man Killer, his x mark, [L. S.]
Arkansas chiefs:
Toochalar, his x mark, [L. S.]
The Glass, his x mark, [L. S.]
Wassosee, his x mark, [L. S.]
John Jolly, his x mark,[L. S.]
The Gourd, his x mark, [L. S.]
Spring Frog, his x mark, [L. S.]
John D. Chisholm, [L. S.]
James Rogers, [L. S.]
Wawhatchy, his x mark, [L. S.]
Attalona, his x mark, [L. S.]
Kulsuttchee, his x mark, [L. S.]
Tuskekeetchee, his x mark, [L. S.]
Chillawgatchee, his x mark, [L. S.]
John Smith, his x mark, [L. S.]
Toosawallata, his x mark, [L. S.]
In presence of--
J.M. Glassel, secretary to the commission,
Thomas Wilson, clerk to the commissioners,
Walter Adair,
John Speirs, interpreter, his x mark,
A. McCoy, interpreter,
James C. Bronaugh, hospital surgeon, U. S. Army,
Isham Randolph, captain First Redoubtables, Wm. Meriwether,
Return J. Meigs, agent Cherokee Nation.
Produced by the Oklahoma State University Library,
1997.
Support provided by the AMIGOS Fellowship Program, AMIGOS Bibliographic Council,
Inc.
URL: http://digital.library.okstate.edu/kappler/
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