TREATY WITH THE CHEROKEE, 1835.
Dec. 29, 1835. | 7 Stat., 478. | Proclamation, May 23, 1836.
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.
Cherokees relinquish to United States all their lands
east of the Mississippi.
Treaty of May, 1828, and Feb., 1833, referred
to.
Proviso.
Additional land conveyed to the nation, etc.
Further agreement.
1830, ch. 148.
Right to establish forts, etc.
Osage titles to reservations to be extinguished.
Missionary reservations to be paid for. .
Lands permanently ceded to the nation.
Peace to be preserved.
Congress may allow a delegate from the Cherokee
nation.
Expense of removal to be paid by United States.
Agents to value improvements made by the
Cherokee.
The President to make investments in productive
stock.
Commutation of school fund.
Provision respecting Cherokees averse to
removal.
Settlement of claims for former reservations.
Pensions to certain warriors.
Funds to be divided among the Indians.
Indians to remove in two years.
Commissioners to settle claims.
United States to make advances for provisions, clothing,
etc.
Treaty binding when
ratified.
Supplementary articles
Preemption rights declared void.
Allowance in lieu of preemptions, etc.
Provisions for agency reservations not to interfere,
etc.
Expense of negotiations to be defrayed by the United
States.
Articles of a treaty, concluded at New Echota in the State of Georgia on the 29th day of Decr. 1835 by General William Carroll and JohnF. Schermerhorn commissioners on the part of the United States and the Chiefs Head Men and People of the Cherokee tribe of Indians.
WHEREAS the Cherokees are anxious to make some
arrangements with the Government of the United States whereby the difficulties
they have experienced by a residence within the settled parts of the United
States under 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 permanent home for themselves and their posterity in the country selected
by their forefathers without the territorial limits of the State sovereignties,
and where they can establish and enjoy a government of their choice and
perpetuate such a state of society as may be most consonant with their views,
habits and condition; and as may tend to their individual comfort and their
advancement in civilization.
And whereas a delegation of the Cherokee nation composed of Messrs. John
Ross Richard Taylor Danl. McCoy Samuel Gunter and William Rogers with full
power and authority to conclude a treaty with the United States did on the
28th day of February 1835 stipulate and agree with the Government of the
United States to submit to the Senate to fix the amount which should be allowed
the Cherokees for their claims and for a cession of their lands east of the
Mississippi river, and did agree to abide by the award of the Senate of the
United States themselves and to recommend the same to their people for their
final determination.
And whereas on such submission the Senate advised "that a sum not exceeding
five millions of dollars be paid to the Cherokee Indians for all their lands
and possessions east of the Mississippi river."
And whereas this delegation after said award of the Senate had been made,
were called upon to submit propositions as to its disposition to be arranged
in a treaty which they refused to do, but insisted that the same "should
be referred to their nation and there in general council to deliberate and
determine on the subject in order to ensure harmony and good feeling among
themselves."
And whereas a certain other delegation composed of John Ridge Elias Boudinot
Archilla Smith S. W. Bell John West Wm. A. Davis and Ezekiel West, who
represented that portion of the nation in favor of emigration to the Cherokee
country west of the Mississippi entered into propositions for a treaty with
John F. Schermerhorn commissioner on the part of the United States which
were to be submitted to their nation for their final action and determination:
And whereas the Cherokee people at their last October council at Red Clay,
fully authorized and empowered a delegation or committee of twenty persons
of their nation to enter into and conclude a treaty with the United States
commissioner then present, at that place or elsewhere and as the
people had good reason to believe that a treaty would
then and there be made or at a subsequent council at New Echota which the
commissioners it was well known and understood, were authorized and instructed
to convene for said purpose; and since the said delegation have gone on to
Washington city, with a view to close negotiations there, as stated by them
notwithstanding they were officially informed by the United States commissioner
that they would not be received by the President of the United States; and
that the Government would transact no business of this nature with them,
and that if a treaty was made it must be done here in the nation, where the
delegation at Washington last winter urged that it should be done for
the purpose of promoting peace and harmony among the people; and since
these facts have 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 the people in open council and therefore believing
said delegation can effect nothing and since our difficulties are daily
increasing and our situation is rendered more and more precarious uncertain
and insecure in consequence of the 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
commissioners on the part of the United States, with full power and authority
to conclude a treaty with the Cherokees east and were directed by the President
to convene the people of the nation in general council at New Echota and
to submit said propositions to them with power and authority to vary the
same so as to meet the views of the Cherokees in reference to its details.
And whereas the said commissioners did appoint and notify a general council
of the nation to convene at New Echota on the 21st day of December 1835;
and informed them that the commissioners would be prepared to make a treaty
with the Cherokee people who should assemble there and those who did not
come they should conclude gave their assent and sanction to whatever should
be transacted at this council and the people having met in council according
to said notice.
Therefore the following articles of a treaty are agreed upon and concluded
between William Carroll and John F. Schermerhorn commissioners on the part
of the United States and the chiefs and head men and people of the Cherokee
nation in general council assembled this 29th day of Decr 1835.
ARTICLE 1. The Cherokee nation hereby cede relinquish
and convey to the United States all the lands owned claimed or possessed
by them east of the Mississippi river, and hereby release all their claims
upon the United States for spoliations of every kind for and in consideration
of the sum of five millions of dollars to be expended paid and invested in
the manner stipulated and agreed upon in the following articles But as a
question has arisen between the commissioners and the Cherokees whether the
Senate in their resolution by which they advised " that a sum not exceeding
five millions of dollars be paid to the Cherokee Indians for all their lands
and possessions east of the Mississippi river " have included and made any
allowance or consideration for claims for spoliations it is therefore agreed
on the part of the United States that this question shall be again submitted
to the Senate for their consideration and decision and if no allowance was
made for spoliations that then an additional sum of three hundred thousand
dollars be allowed for the same.
ARTICLE 2. Whereas by the treaty of May 6th 1828
and the supplementary treaty thereto of Feb. 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 where the said territorial line
crosses Verdigris river; thence down said Verdigris river to the Arkansas
river; thence down said Arkansas to a point where a stone is placed opposite
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 mile 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 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 in consideration of the sum of five hundred
thousand dollars therefore hereby covenant and agree to convey to the said
Indians, and their descendants by patent, in fee simple the following additional
tract of land 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 eight hundred thousand 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 and a pro rata reduction shall be made in the price to be allowed
to the United States for the same by the Cherokees.
ARTICLE 3. The United States also agree that the
lands above ceded by the treaty of Feb. 14 1833, including the outlet, and
those ceded by this treaty shall all be included in one patent 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, agreed that 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.
ARTICLE 4. The United States also stipulate and
agree to extinguish for the benefit of the Cherokees the titles 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.
And whereas by the several treaties between
the United States and the Osage Indians the Union and Harmony Missionary
reservations which were established for their benefit are now situated within
the country ceded by them to the United States; the former being situated
in the Cherokee country and the latter in the State of Missouri. It is therefore
agreed that the United States shall pay the American Board of Commissioners
for Foreign Missions for the improvements on the same what they shall be
appraised at by Capt. Geo. Vashon Cherokee sub-agent Abraham Redfield and
A. P. Chouteau or such persons as the President of the United States shall
appoint and the money allowed for the same shall be expended in schools among
the Osages and improving their condition. It is understood that the United
States are to pay the amount allowed for the reservations in this article
and not the Cherokees.
ARTICLE 5. The United States hereby covenant and
agree that the lands ceded to the Cherokee nation in the forgoing 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 regulating
trade and intercourse with the Indians; and also, that they stall not be
considered as extending to such citizens and army of the United States as
may travel or reside in the Indian country by permission according to the
laws and regulations established by the Government of the same.
ARTICLE 6. 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.
The Cherokees shall endeavor to preserve and maintain the peace of the country
and not make war upon their neighbors they shall also be protected against
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 Indians according to treaty
stipulations.
ARTICLE 7. 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.
ARTICLE 8. 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. 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 dollars for each member of their
family; and in lieu of their one year's rations they shall be paid the sum
of thirty-three dollars and thirty-three cents if they prefer it.
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 allowance
for removal and subsistence as above provided.
ARTICLE 9. 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 net 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 monies due them for
their improvements and claims; and they shall also be furnished at the discretion
of the President of the United States 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 a 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 this council shall select and designate shall be removed
west of the 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 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 the purposes hereinafter
specified and pay over the net 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 two hundred thousand dollars in addition to
the present annuities of the nation 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 fifty thousand dollars in addition to the present school fund of the
nation shall 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 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 manner as they may
deem most proper for their interest. The United States also agree and stipulate
to pay the just debts and claims against the Cherokee nation held by the
citizens of the same and also the just claims of citizens of the United States
for 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 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 Cherokees upon the United States for spoliations of every kind, that
have not been already satisfied under former treaties.
ARTICLE 11. 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 about fifty thousand dollars shall constitute
a part of the permanent school fund of the nation.
ARTICLE 12. 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 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
and per capita; as soon as an appropriation is made for this treaty.
Such heads of Cherokee families as are desirous to reside within the States
of No. Carolina Tennessee and Alabama subject to the laws of the same; and
who are qualified or calculated to become useful citizens shall be entitled,
on the certificate of the commissioners to a preemption right to one hundred
and sixty acres of land or one quarter section at the minimum Congress price;
so as to include the present buildings or improvements of those who now reside
there and such as do not live there at present shall be permitted to locate
within two years any lands not already occupied by persons entitled to
pre-emption privilege under this treaty and if two or more families live
on the same quarter section and they desire to continue their residence in
these States and are qualified as above specified they shall, on receiving
their pre-emption certificate be entitled to the right of pre-emption to
such lands as they may 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
that John Ross James Starr George Hicks John Gunter George Chambers John
Ridge Elias Boudinot George Sanders John Martin William Rogers Roman Nose
Situwake and John Timpson shall be a committee on the part of the Cherokees
to recommend such persons for the privilege of pre-emption rights as may
be deemed entitled to the same under the above articles and to select the
missionaries who shall be removed with the nation; and that they be hereby
fully empowered and authorized to transact all business on the part of the
Indians which may arise in carrying into effect the provisions of this treaty
and settling the same with the United States. If any of the persons above
mentioned should decline acting or be removed by death; the vacancies shall
be filled by the committee themselves.
It is also understood and agreed that the sum of one hundred thousand dollars
shall be expended by the commissioners in such manner as the committee deem
best for the benefit of the poorer class of Cherokees as shall remove west
or have removed west and are entitled to the benefits of this treaty. The
same to be delivered at the Cherokee agency west as soon after the removal
of the nation as possible.
ARTICLE 13. In order to make a final settlement
of all the claims of the Cherokees for reservations granted under former
treaties to any individuals belonging to the nation by the United States
it is therefore hereby stipulated and agreed and expressly understood by
the parties to this treaty--that all the Cherokees and their heirs and
descendants to whom any reservations have been made under any former treaties
with the United States, and who have not sold or conveyed the same by deed
or otherwise and who in the opinion of the commissioners have complied with
the terms on which the reservations were granted as far as practicable in
the several cases; and which reservations have since been sold by the United
States shall constitute a just claim against the United States and the original
reservee or their heirs or descendants shall be entitled to receive the present
value thereof from the United States as unimproved lands. And all such
reservations as have not been sold by the United States and where the terms
on which the reservations were made in the opinion of the commissioners have
been complied with as far as practicable, they or their heirs or descendants
shall be entitled to the same. They are hereby granted and confirmed to them--and
also all persons who were entitled to reservations under the treaty of 1817
and who as far as practicable in the opinion of the commissioners, have complied
with the stipulations of said treaty, although by the treaty of 1819 such
reservations were included in the unceded lands belonging to the Cherokee
nation are hereby confirmed to them and they shall be entitled to receive
a grant for the same. And all such reservees as were obliged by the laws
of the States in which their reservations were situated, to abandon the same
or purchase them from the States shall be deemed to have a just claim 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 the
present value of such reservations as unimproved lands but in all cases 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 their
heirs or descendants or their assigns shall not be considered as having any
claims upon the United States under this article of the treaty nor be entitled
to receive any compensation for the lands thus disposed of. It is expressly
understood by the parties to this treaty that the amount to be allowed for
reservations under this article shall not be deducted out of the consideration
money allowed to the Cherokees for their claims for spoilations and the cession
of their lands; but the same is to be paid for independently by the United
States as it is only a just fulfillment of former treaty stipulations.
ARTICLE 14. 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 war 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.
ARTICLE 15. It is expressly understood and agreed
between the parties to this treaty that after deducting the amount which
shall be actually expended for the payment for improvements, ferries, claims,
for spoliations, removal subsistence and debts and claims upon the Cherokee
nation and for the additional quantity of lands and goods for the poorer
class of Cherokees and the several sums to be invested for the general national
funds; provided for in the several articles of this treaty the balance whatever
the same may be shall be equally divided between all the people belonging
to the Cherokee nation east according to the census just completed; and such
Cherokees as have removed west since June 1833 who are entitled by the terms
of their enrollment and removal to all the benefits resulting from the final
treaty between the United States and the Cherokees east they shall also be
paid for their improvements according to their approved value before their
removal where fraud has not already been shown in their valuation.
ARTICLE 16. It is hereby stipulated and agreed
by the Cherokees that they shall remove to their new homes within two years
from the ratification of this treaty and that during such time the United
States shall protect and defend them in their possessions and property and
free use and occupation of the same and such persons as have been dispossessed
of their improvements and houses; and for which no grant has actually issued
previously to the enactment of the law of the State of Georgia, of December
1835 to regulate Indian occupancy shall be again put in possession and placed
in the same situation and condition, in reference to the laws of the State
of Georgia, as the Indians that have not been dispossessed; and if this is
not done, and the people are left unprotected, then the United States shall
pay the several Cherokees for their losses and damages sustained by them
in consequence thereof. And it is also stipulated and agreed that the public
buildings and improvements on which they are situated at New Echota for which
no grant has been actually made previous to the passage of the above recited
act if not occupied by the Cherokee people shall be reserved for the public
and free use of the United States and the Cherokee Indians for the purpose
of settling and closing all the Indian business arising under this treaty
between the commissioners of claims and the Indians.
The United States, and the several States interested in the Cherokee lands,
shall immediately proceed to survey the lands ceded by this treaty; but it
is expressly agreed and understood between the parties that the agency buildings
and that tract of land surveyed and laid off for the use of Colonel R. J.
Meigs Indian agent or heretofore enjoyed and occupied by his successors in
office shall continue subject to the use and occupancy of the United States,
or such 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 articles of this treaty, shall be examined and adjudicated
by such commissioners as shall be appointed by the President of the United
States by and with the advice and consent of the Senate of the United States
for that purpose and their decision shall be final and on their certificate
of the amount due the several claimants they shall be paid by the United
States. All stipulations in former treaties which have not been superseded
or annulled by this shall continue in full force and virtue.
ARTICLE 18. Whereas in consequence of the unsettled
affairs of the Cherokee people and the early frosts, their crops are insufficient
to support their families and great distress is likely to ensue and whereas
the nation will not, until after their removal be able advantageously to
expend the income of the permanent funds of the nation it is therefore agreed
that the annuities of the nation which may accrue under this
treaty for two years, the time fixed for their removal shall be expended
in provision and clothing for the benefit of the poorer class of the nation
and the United States hereby agree to advance the same for that purpose as
soon after the ratification of this treaty as an appropriation for the same
shall be made. It is however not intended in this article to interfere with
that part of the annuities due the Cherokees west by the treaty of 1819.
ARTICLE 19. This treaty after the same shall be ratified
by the President and Senate of the United States shall be obligatory on the
contracting parties.
ARTICLE 20. [Supplemental article. Stricken out
by Senate.]
In testimony whereof, the commissioners and the chiefs, head men, and people
whose names are hereunto annexed, being duly authorized by the people in
general council assembled, have affixed their hands and seals for themselves,
and in behalf of the Cherokee nation.
I have examined the foregoing treaty, and although not present when it was
made, I approve its provisions generally, and 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. 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--
Western B. Thomas, secretary.
Ben. F. Currey, special agent.
M.Wolfe Batman, first lieutenant, sixth U. S. infantry, disbursing agent.
Jon. L. Hooper, lieutenant, fourth Infantry.
C. M Hitchcock, M. D., assistant surgeon, 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
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 appointed a delegation to visit the eastern Cherokees to assure them of the friendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the signing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees. But it is expressly understood that nothing in this treaty shall affect any claims of the western Cherokees on the United States.
In testimony whereof, we have, this 31st day of December, 1835, hereunto
set our hands and seals.
James Rogers,
John Smith.
Delegates from the western Cherokees.
Test:
Ben. F. Currey, special agent.
M. W. Batman, first lieutenant, Sixth Infantry,
Jno. L. Hooper, lieutenant, Fourth Infantry,
Elias Boudinot.
______
Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,) 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
reservations, as made out and agreed upon with Col. A. P. Choteau who 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 Echota, Georgia, December 29, 1835, between the United States and Cherokee people.
March 1, 1836. | 7 Stat., 488. | Proclamation, May 23, 1836.
Vol. II, Pages 448-449 | Page 449
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 alterations
in the preceding treaty as might be thought necessary, and whereas the President
of the United States has expressed his determination not to allow any
pre-emptions or reservations his desire being that the whole Cherokee people
should remove together and establish themselves in the country provided for
them west of the Mississippi river.
ARTICLE 1. It is therefore agreed that all the
pre-emption rights and reservations provided for in articles 12 and 13 shall
be and are hereby relinquished and declared void.
ARTICLE 2. Whereas the Cherokee people have supposed that the sum of five
millions of dollars fixed by the Senate in their resolution of----day of
March, 1835, as the value of the Cherokee lands and possessions east of the
Mississippi river was not intended to include the amount which may be required
to remove them, nor the value of certain claims which many of their people
had against citizens of the United States, which suggestion has been confirmed
by the opinion expressed to the War Department by some of the Senators who
voted upon the question and whereas the President is willing that this subject
should be referred to the Senate for their consideration and if it was not
intended by the Senate that the above-mentioned sum of five millions of dollars
should include the objects herein specified that in that case such further
provision should be made therefor as might appear to the Senate to be just.
ARTICLE 3. It is therefore agreed that the sum
of six hundred thousand dollars shall be and the same is hereby allowed to
the Cherokee people to include the expense of their removal, and all claims
of every nature and description against the Government of the United States
not herein otherwise expressly provided for, and to be in lieu of the said
reservations and pre-emptions and of the sum of three hundred thousand dollars
for spoliations described in the 1st article of the above-mentioned treaty.
This sum of six hundred thousand dollars shall be applied and distributed
agreeably to the provisions of the said treaty, and any surplus which may
remain after removal and payment of the claims so ascertained shall be turned
over and belong to the education fund.
But it is expressly understood that the subject of this article is merely
referred hereby to the consideration of the Senate and if they shall 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 the agency reservation is not intended to interfere with
the occupant right of any Cherokees should their improvement fall within
the same.
It is also understood and agreed, that the one hundred thousand dollars
appropriated in article 12 for the poorer class of Cherokees and intended
as a set-off to the pre-emption rights shall now be transferred from the
funds of the nation and added to the general national fund of four hundred
thousand dollars so as to make said fund equal to five hundred thousand dollars.
ARTICLE 5. The necessary expenses attending the
negotiations of the aforesaid treaty and supplement and also of such persons
of the delegation as may sign the same shall be defrayed by the United States.
______
In testimony whereof, John F. Schermerhorn, commissioner on the part of the
United States, and the undersigned delegation have hereunto set their hands
and seals, this first day of March, in the year one thousand eight hundred
and 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.
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/
THIS IS AN OFFICIAL
SOVEREIGN AMONSOQUATH BAND OF CHEROKEE GOVERNMENT SPONSORED WEB
SITE
PAGE MAINTAINED BY:
Rainbow Eagle
Woman.