AGREEMENT WITH THE CHEROKEE, 1835.
March 14, 1835. | Unratified. | Indian Office, box 1, Treaties 1802-1853. | See Senate Doc. No. 120, 25th Congress, 2d session, p. 459.
Indian Affairs: Laws and Treaties. Vol. II (Treaties). Compiled
and edited by Charles J. Kappler. Washington : Government Printing Office,
1904.
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Articles of a Treaty agreed upon at the City of Washington, March 14th, 1835, between J. F. Schermerhorn, on the part of the United States, and a Delegation of the Cherokee Tribe of Indians, which, by the President of the United States, is directed to be submitted to the Cherokee Nation of Indians, for their consideration and approbation.
Whereas, several persons of the Cherokee Nation of Indians, east of the
Mississippi river, have visited the City of Washington, as delegates from
that part of their Nation, in favor of emigration, with a hope and desire
of making some arrangements which might be acceptable to the Government of
the United States, and to their Nation generally, and thereby terminating
the difficulties which they have experienced during a residence within the
settled portion of the United States, under the jurisdiction and laws of
the State Governments, and with a view of reuniting their people in one body,
and securing to themselves and their descendants the country selected by
their forefathers, and sufficient for all their wants, and whereon they can
establish and perpetuate such a state of society as may be most consonant
with their habits and views, and as may tend to their individual comfort
and their advancement in civilization:
And whereas, the President of the United States, animated with a sincere
desire to relieve them from their embarrassments, and to provide for them
a permanent establishment; and being willing, as far as his Constitutional
power extends, to use all his efforts to accomplish these objects, has yielded
to the wishes thus expressed to him in behalf of the Cherokees, and has
authorized John F. Schermerhorn to meet the said members of the Cherokee
Nation, and to arrange with them such terms as may be just and proper, between
the parties:
And whereas, the said John F. Schermerhorn and the said Delegation of the
Cherokee Nation of Indians, have met together and have taken the whole matter
into consideration, and have agreed upon certain articles, which are to be
considered merely as propositions to be made to the Cherokee people, on behalf
of the United States, and to be utterly invalid until approved by them; it
being distinctly understood that the said Cherokee people are not in the
slightest manner committed by the formation of this provisional arrangement--
Now, therefore, in consideration of the premises, and with a view to the
final adjustment of all claims, and demands of every kind, of the Cherokees
east of the Mississippi river, upon the United States, it is agreed as follows:
ARTICLE 1. This treaty shall be submitted to the people of the Cherokee Nation,
for that purpose, to be assembled at New Echota, after due notice being given
of the time of meeting by the Commissioner appointed by the President of
the United States, whose duty it shall be fully to explain all its contents
to them, and the views of the Government in regard to it, for their concurrence
and adoption; and if it shall appear, after a fair, free, and full expression
of their sentiments, that a majority of the people are in favor of the treaty,
it shall be considered as approved and confirmed by the Nation; and their
whole country shall be deemed to be ceded, and their claim and title to it
to cease. But it is always understood that the treaty stipulations in former
treaties, that have not been annulled or superseded by this, shall continue
in full force.
ART. 2. The Cherokee Nation of Indians, for and in consideration of the
additional quantity of land guarantied and secured to them by the third article
of this treaty, and of the fulfillment of the covenants
and stipulations hereinafter mentioned, and also of the sum of four millions
five hundred thousand dollars, to be expended, paid, and invested, as agreed
in the following articles, do hereby cede, relinquish, and convey to the
United States, all their right and title to all the lands owned, claimed,
and possessed by them, including the lands reserved by them for a school
fund, east of the Mississippi river.
ART. 3. Whereas, by the treaty of May 6th, 1828, and the supplementary treaty
thereto, of February 14th, 1833, with the Cherokees west of the Mississippi,
the United States guarantied and secured, to be conveyed by patent, to the
Cherokee Nation of Indians, the following tract of country: " Beginning at
a point on the old western territorial line of Arkansas territory, being
twenty-five miles north from the point where the territorial line crosses
Arkansas river; thence running from said north point south on the said
territorial line to the place where the said territorial line crosses Verdegris
river; thence down said Verdegris river, to the Arkansas river; thence down
said Arkansas to a point where a stone is placed. opposite to the east or
lower bank of Grand river, at its junction with the Arkansas; thence running
south forty-four degrees west, one mile; thence in a straight line to a point
four miles northerly, from the mouth of the north fork of the Canadian; thence
along the said four miles line to, the Canadian; thence down the Canadian
to the Arkansas; thence down the Arkansas to that point on the Arkansas where
the eastern Choctaw boundary strikes said river, and running thence with
the western line of Arkansas territory, as now defined, to the southwest
corner of Missouri; thence along the western Missouri line to the land assigned
the Senecas; thence on the south line of the Senecas to Grand river; thence
up said Grand river as far as the south line of the Osage reservation, extended
if necessary; thence up and between said south Osage line, extended west
if necessary, and a line drawn due west from the point of beginning to a
certain distance west, at which a line running north and south from said
Osage line to said due west line, will make seven millions of acres within
the whole described boundaries. In addition to the seven millions of acres
of land thus provided for and bounded, the United States further guaranty
to the Cherokee Nation a perpetual outlet west, and a free and unmolested
use of all the country lying west of the western boundary of said seven millions
of acres, as far west as the sovereignty of the United States and their right
of soil extend: Provided however, that if the saline or salt plain
on the western prairie shall fall within said limits prescribed for said
outlet, the right is reserved to the United States to permit other tribes
of red men to get salt on said plain, in common with the Cherokees; and letters
patent shall be issued by the United States, as soon as practicable, for
the land hereby guarantied."
And whereas it is apprehended by the Cherokees, that in the above cession
there is not contained a sufficient quantity of land for the accommodation
of the whole nation, on their removal west of the Mississippi, the United
States, therefore, hereby covenant and agree to convey to the said Indians,
and their descendants, by patent, in fee simple, the following additional
tract of country, situated between the west line of the State of Missouri
and the Osage reservation, beginning at the southeast corner of the same,
and runs north along the east line of the Osage lands, fifty miles, to the
northeast corner thereof; and thence east to the west line of the State of
Missouri; thence with said line, south fifty miles; thence west to the place
of beginning; estimated to contain 800,000 acres of land; but it is expressly
understood, that if any of the lands assigned the Quapaws shall fall within
the aforesaid bounds, the same shall be reserved and excepted out of the
lands above granted.
ART. 4. The United States also agree that the lands above ceded by the treaty
of February 14, 1833, including the outlet and those ceded by this treaty,
shall all be included in one patent, to be executed to the Cherokee Nation
of Indians, by the President of the United States, according to the provisions
of the act of May 28, 1830. It is, however, understood and agreed that the
Union Missionary Station shall be held by the American Board for Foreign
Missions, and the Military Reservation at Fort Gibson shall be held by the
United States. But should the United States abandon said post, and have no
further use for the same, it shall revert to the Cherokee nation. The United
States shall always have the right to make and establish such post and military
roads and forts, in any part of the Cherokee country, as they may deem proper
for the interest and protection of the same, and the free use of as much
land, timber, fuel, and materials of all kinds for the construction and support
of the same as may be necessary; provided, that if the private rights of
individuals are interfered with, a just compensation therefor shall be made.
With regard to the Union Missionary Reservation, it is understood that the
American Board of Foreign Missions will continue to occupy the same, for
the benefit of the Cherokee nation; and if, at any time hereafter, they shall
abandon the same, upon payment for their improvements by the United States,
it shall revert to the Cherokee Nation.
ART. 5. The United States also stipulate and agree to extinguish, for the
benefit of the Cherokees, the title to the reservations within their country,
made in the Osage treaty of 1825, to certain half breeds, and for this purpose
they hereby agree to pay to the persons to whom the same belong or have been
assigned, or to their agents or guardians, whenever they shall execute, after
the ratification of this treaty, a satisfactory conveyance for the same,
to the United States, the sum of fifteen thousand dollars, according to a
schedule accompanying this treaty, of the relative value of the several
reservations.
ART. 6. The United States hereby covenant and agree, that the lands ceded
to the Cherokee nation, in the foregoing article, shall, in no future time,
without their consent, be included within the territorial limits or jurisdiction
of any State or Territory; but they shall secure to the Cherokee Nation the
right, by their National Councils, to make and carry into effect all such
laws as they may deem necessary for the government and protection of the
persons and property within their own country, belonging to their people,
or such persons as have connected themselves with them: Provided
always, That they shall not be inconsistent with the Constitution of
the United States, and such acts of Congress as have been or may be passed
for the regulation of Indian affairs; and also, that they shall not be considered
as extending to such citizens and army of the United States, as may travel
or reside in the Indian country, according to the laws and regulations
established by the government of the same.
ART. 7. Perpetual peace and friendship shall exist between the citizens of
the United States and the Cherokee Indians. The United States agree to protect
the Cherokee Nation from domestic strife and foreign enemies, and against
intestine wars between the several tribes. They shall endeavor to preserve
and maintain the peace of the country, and not make war upon their neighbors;
and should hostilities commence by one or more tribes, upon another, the
Cherokee Council of the Nation, when called upon by the authority of the
President of the United States, shall aid the United States with as many
warriors as may be deemed necessary to protect and restore peace in the Indian
country; and while in service, they shall be entitled to the pay and rations
of the army of the United States. They shall also be protected against all
interruption and intrusion from citizens of the United
States, who may attempt to settle in the country without their consent; and
all such persons shall be removed from the same by order of the President
of the United States. But this is not intended to prevent the residence among
them of useful farmers, mechanics, and teachers, for the instruction of the
Indians, according to the treaty stipulations, and the regulations of the
Government of the United States.
ART. 8. The Cherokee Nation, having already made great progress in civilization,
and deeming it important that every proper and laudable inducement should
be offered to their people to improve their condition, as well as to guard
and secure, in the most effectual manner, the rights guarantied to them in
this treaty, and with a view to illustrate the liberal and enlarged policy
of the Government of the United States towards the Indians, in their removal
beyond the territorial limits of the States, it is stipulated that they shall
be entitled to a delegate in the House of Representatives of the United States,
whenever Congress shall make provision for the same.
ART. 9. The United States also agree and stipulate to remove the Cherokees
to their new homes, and to subsist them one year after their arrival there,
and that a sufficient number of steamboats and baggage-wagons shall be furnished
to remove them comfortably, and so as not to endanger their health; and that
a physician, well supplied with medicines, shall accompany each detachment
of emigrants removed by the Government. They shall also be furnished with
blankets, kettles, and rifles, as stipulated in the treaty of 1828. The blankets
shall be delivered before their removal, and the kettles and rides after
their removal in that new country. Such persons and families as, in the opinion
of the Emigrating Agent, are capable of subsisting and removing themselves,
shall be permitted to do so; and they shall be allowed in full for all claims
for the same, twenty-five dollars for each member of their family, slaves
excepted, for whom (those now owned in the nation,) they shall be allowed
eighteen dollars each; and in lieu of their one year's rations, they shall
be paid the sum of thirty-three dollars, thirty-three cents, if they prefer
it. And, in order to encourage immediate removal, and with a view to benefiting
the poorer class of their people, the United States agree and promise to
pay each member of the Cherokee Nation one hundred and fifty dollars on his
removal, at the Cherokee Agency West, provided they enroll and remove within
one year from the ratification of this treaty; and one hundred dollars to
each person that removes within two years; and after this no per
capita allowance whatever will be made; and it is expressly understood,
that the whole Nation shall remove within two years from the ratification
of the treaty. There shall also be paid to each emigrant since June 1833,
one hundred and fifty dollars, according to the assurances given them by
the Secretary of War, that they should be entitled to all the advantages
and provisions of the treaty which should be finally concluded with their
Nation. They shall also be paid for the improvements, according to their
appraised value before they removed, where fraud has not already been shown
in the valuation.
Such Cherokees, also, as reside at present out of the Nation, and shall remove
with them, in two years, west of the Mississippi, shall be entitled to per
capita allowance, removal. and subsistence, as above provided.
ART. 10. The United States agree to appoint suitable agents, who shall make
a just and fair valuation of all such improvements now in the possession
of the Cherokees, as add any value to the lands; and, also, of the ferries
owned by them, according to their nett income; and such improvements and
ferries from which they have been dispossessed in a lawless manner, or under
any existing laws of the State where the same may be situated. The just debts
of the Indians shall be paid
out of any moneys due them for their improvements and claims; and they shall
also be furnished, at the discretion of the President, with a sufficient
sum to enable them to obtain the necessary means to remove themselves to
their new homes, and the balance of their dues shall be paid them at the
Cherokee Agency west of the Mississippi. The Missionary establishments shall
also be valued and appraised in like manner, and the amount of them paid
over by the United States to the treasurers of the respective Missionary
Societies by whom they have been established and improved, in order to enable
them to erect such buildings, and make such improvements, among the Cherokees
west of the Mississippi, as they may deem necessary for their benefit. Such
teachers at present among the Cherokees as their Council shall select and
designate, shall be removed west of the Mississippi with the Cherokee Nation,
and on the same terms allowed to them. It is, however, understood, that from
the valuation of the Missionary establishments shall be deducted the pro
rata amount advanced and expended for the same by the United States.
ART. 11. The President of the United States shall invest in some safe and
most productive public stocks of the country, for the benefit of the whole
Cherokee Nation, who have removed or shall remove to the lands assigned by
this treaty to the Cherokee Nation west of the Mississippi, the following
sums, as a permanent fund, for purposes hereinafter specified, and pay over
the nett income of the same annually, to such person or persons as shall
be authorized or appointed by the Cherokee Nation to receive the same, and
their receipt shall be a full discharge for the amount paid to them, viz.:
The sum of four hundred thousand dollars, to constitute a general fund, the
interest of which shall be applied annually by the Council of the Nation
to such purposes as they may deem best for the general interest of their
people. The sum of fifty thousand dollars, to constitute an orphans' fund,
the annual income of which shall be expended towards the support and education
of such orphan children as are destitute of the means of subsistence. The
sum of one hundred and sixty thousand dollars, to constitute a permanent
school fund, the interest of which shall be applied annually by the Council
of the Nation for the support of common schools, and such a literary institution
of a higher order as may be established in the Indian country, and in order
to secure, as far as possible, the true and beneficial application of the
orphans' and school fund, the Council of the Cherokee Nation, when required
by the President of the United States, shall make a report of the application
of those funds; and he shall at all times have the right, if the funds have
been misapplied, to correct any abuses of them, and to direct the manner
of their application, for the purposes for which they were intended. The
Council of the Nation may, by giving two years' notice of their intention,
withdraw their funds, by and with the consent of the President and Senate
of the United States, and invest them in such a manner as they may deem most
proper for their interest. The United States also agree and stipulate to
pay to the Cherokee Council East, sixty thousand dollars, and to expend thirty
thousand dollars in the erection of such mills, council and school-houses
in their country west of the Mississippi as their Council shall designate.
The sum of ten thousand dollars shall be expended for the introduction of
improved breeds of the different domestic animals, as horses, hogs, cattle,
and sheep, which shall be placed under the direction of the Agent of the
Tribe; and who, by and with the advice of the Council, shall distribute them
to the best advantage for the general benefit of the whole people. They shall
also pay to the Council five thousand dollars towards procuring materials
for a printing press, to enable them to print a public newspaper, and books
in the Cherokee language for gratuitous distribution.
ART. 12. The sum of two hundred and fifty thousand dollars is hereby set
apart to satisfy and liquidate all claims of every kind and nature whatever
of the Cherokees, upon the United States, and such claims of the citizens
of the United States against the Cherokees as come within the provisions
of the intercourse act of 1802, and as existed in either of the States of
Georgia, Alabama, North Carolina, and Tennessee, prior to the extension of
the laws of either such States over them. All claims of the Indians shall
first be examined by the Council of the Nation, and then reported to the
Commissioner appointed to adjudicate the same; and the claims of the United
States shall first be examined by the Agent and Council of the Nation, and
then referred to the Commissioner, who shall finally decide upon them; and
on his certificate of the amount due in favor of the several claimants, they
shall be paid. If the above claims do not amount to the sum of two hundred
and fifty thousand dollars, the amount unexpended shall be added to the orphans'
and school funds.
ART. 13. The Cherokee Nation of Indians, believing it will be for the interest
of their people to have all their funds and annuities under their own direction
and future disposition, hereby agree to commute their permanent annuity 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 of
the general fund of the Nation; and their present school fund, amounting
to forty-eight thousand two hundred and fifty-one dollars and seventy-six
cents, shall be invested in the same manner as the school fund provided in
this treaty, and constitute a part of the same; and both of them to be subject
to the same disposal as the other part of these funds by their National Council.
ART. 14. Those individuals and families of the Cherokee Nation that are averse
to a removal to the Cherokee country west of the Mississippi, and are desirous
to become citizens of the States, where they reside, and such as, in the
opinion of the Agent, are qualified to take care of themselves and their
property, shall be entitled to receive their due portion of all the personal
benefits accruing under this treaty, for their claims, improvements, ferries,
removal, and subsistence; but they shall not be entitled to any share or
portion of the funds vested or to be expended for the common benefit of the
Nation.
ART. 15. It is also agreed on the part of the United States, that such warriors
of the Cherokee Nation as were engaged on the side of the United States,
in the late wars with Great Britain and the southern tribes of Indians, and
who were wounded in such service, shall be entitled to such pensions as shall
be allowed them by the Congress of the United States, to commence from the
period of their disability.
ART. 16. The United States hereby agree to protect and defend the Cherokees
in their possessions and property, by all legal and proper means, after their
enrollment, or the ratification of this treaty, until the time fixed upon
for their removal; and if they are left unprotected, the United States shall
pay the Cherokees for the losses and damages sustained by them in consequence
thereof.
ART. 17. The expenditures, payments and investments, agreed to be made by
the United States, in the foregoing articles of this treaty, it is understood,
are to be paid out of the sum of four millions five hundred thousand dollars,
agreed to be given to the Cherokee Nation for the cession of their lands,
and in full for all their claims, of every kind, now existing against the
United States.
ART. 18. The annexed schedule contains the estimate for carrying into effect
the several pecuniary stipulations and agreements contained in this treaty;
and if the sums affixed for any specific object shall be more or less than
is requisite to carry the same into effect, the excess for such estimate
shall be applied to make up the deficiency, if any
occur, for the other objects of expenditure; and if, in the aggregate, the payments and expenditures shall exceed or fall short of the several sums appropriated for them, the same shall be taken from or added to, (as the case may be,) the funds to be vested for the benefit of the Cherokee Nation, according to the relative amounts intended to be invested for each specific fund, by this treaty; but the sum of two hundred and fourteen thousand dollars commuted for their permanent annuity, and their present school fund, already invested, shall not be considered as any part of the above sum of four millions and five hundred thousand dollars, the full amount agreed to be paid by the United States for all claims and demands against the same, and for the cession of their lands; and in no case shall the amount agreed to be paid and invested in the aforesaid articles of this treaty exceed this sum.
SCHEDULE.
For Removal . . $255, 000. 00
Subsistence . . 400, 000. 00
Improvements and ferries . . 1, 000, 000. 00
Claims and spoliations . . 250, 000. 00
Domestic animals . . 10, 000. 00
National debts . . 60, 000. 00
Public buildings . . 30, 000. 00
Printing press, &c . . 5, 000. 00
Blankets . . 36, 000. 00
Rifles . . 37, 000. 00
Kettles . . 7, 000. 00
Per capita allowance . . 1, 800, 000. 00
General fund . . 400, 000. 00
School fund . . 160, 000. 00
Orphan's fund . . 50, 000. 00
Additional territory . . 500, 000. 00
____________
5, 000, 000. 00
School fund already invested . . 48, 251. 76
Commutation of perpetual annuity . . 214, 000. 00
____________
5, 262, 251. 76
ART. 19. This treaty, when it shall have been approved and signed by a majority
of the Chiefs, Headmen, and Warriors, of the Cherokee Nation of Indians,
and ratified by the President, by and with the advice and consent of the
Senate of the United States, shall be binding on the contracting parties.
In testimony whereof the said John F. Schermerhorn, authorized as aforesaid,
and the said Cherokee Delegation, have set their hands and seals the day
and year above written.
John F. Schermerhorn. [SEAL.]
John Ridge. [SEAL.]
Archilla Smith. [SEAL.]
Elias Boudinot. [SEAL.]
S. W. Bell, [SEAL.]
John West. [SEAL.]
Wm. A. Davis. [SEAL.]
Ezekiel West. [SEAL.]
Witness present,
Alex. Macomb, Major General U. S. Army.
Geo. Gibson, Commissary-General.
William Allen.
Hudson M. Garland.
Sherman Page.
John Garland, Major U. S. Army.
Ben. F. Currey, Sup. Cher. remov. &c.
A. Van Buren, U. S. Army.
Dyer Castor.
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