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Treaties
with the Cherokee : 1785 - 1805
From Indian
Affairs : Laws and Treaties, Vol. II (Treaties); Compiled and Edited By
Charles J. Kappler LL. M., Clerk to the Senate Committee on Indian Affairs;
Washington, DC : Government Printing Office, 1904
Treaty
With the Cherokee : 1785
Articles concluded
at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens, Joseph
Martin, and Lachlan M'Intosh, Commissioners Plenipotentiary of the United
States of America, of the one Part, and the headmen and Warriors of all
the Cherokees of the other.
The Commissioners
Plenipotentiary of the United States in Congress assembled, give peace
to all the Cherokees, and receive them into the favor and protection of
the United States of America, on the following conditions:
ARTICLE I.
The Head-Men and Warriors of all the Cherokees shall restore all the prisoners,
citizens of the United States, or subjects of their allies, to their entire
liberty: They shall also restore all the Negroes, and all other property
taken during the late war from the citizens, to such person, and at such
time and place, as the Commissioners shall appoint.
ARTICLE II.
The Commissioners of the United States in Congress assembled, shall restore
all the prisoners taken from the Indians, during the late war, to the
Head-Men and Warriors of the Cherokees, as early as is practicable.
ARTICLE III.
The said Indians for themselves and their respective tribes and towns
do acknowledge all the Cherokees to be under the protection of the United
States of America, and of no other sovereign whosoever.
ARTICLE IV.
The boundary allotted to the Cherokees for their hunting grounds, between
the said Indians and the citizens of the United States, within the limits
of the United States of America, is, and shall be the following, viz.
Beginning at the mouth of Duck river, on the Tennessee; thence running
north-east to the ridge dividing the waters running into Cumberland from
those running into the Tennessee; thence eastwardly along the said ridge
to a north-east line to be run, which shall strike the river Cumberland
forty miles above Nashville; thence along the said line to the river;
thence up the said river to the ford where the Kentucky road crosses the
river; thence to Campbell's line, near Cumberland gap; thence to the mouth
of Claud's creek on Holstein; thence to the Chimney-top mountain; thence
to Camp-creek, near the mouth of Big Limestone, on Nolichuckey; thence
a southerly course six miles to a mountain; thence south to the North-Carolina
line; thence to the South-Carolina Indian boundary, and along the same
south-west over the top of the Oconee mountain till it shall strike Tugaloo
river; thence a direct line to the top of the Currohee mountain; thence
to the head of the south fork of Oconee river.
ARTICLE V.
If any citizen of the United States, or other person not being an Indian,
shall attempt to settle on any of the lands westward or southward of the
said boundary which are hereby allotted to the Indians for their hunting
grounds, or having already settled and will not remove from the same within
six months after the ratification of this treaty, such person shall forfeit
the protection of the United States, and the Indians may punish him or
not as they please: Provided nevertheless, That this article shall not
extend to the people settled between the fork of French Broad and Holstein
rivers, whose particular situation shall be transmitted to the United
States in Congress assembled for their decision thereon, which the Indians
agree to abide by.
ARTICLE VI.
If any Indian or Indians, or person residing among them, or who shall
take refuge in their nation, shall commit a robbery, or murder, or other
capital crime, on any citizen of the United States, or person under their
protection, the nation, or the tribe to which such offender or offenders
may belong, shall be bound to deliver him or them up to be punished Cording
to the ordinances of the United States; provided, that the punishment
shall not be greater than if the robbery or murder, or other capital crime
had been committed by a citizen on a citizen.
ARTICLE VII.
If any citizen of the United States, or person under their protection,
shall commit a robbery or murder, or other capital crime, on any Indian,
such offender or offenders shall be punished in the same manner as if
the murder or robbery, or other capital crime, had been committed on a
citizen of the United States; and the punishment shall be in presence
of some of the Cherokees, if any shall attend at the time and place, and
that they may have an opportunity so to do, due notice of the time of
such intended punishment shall be sent to some one of the tribes.
ARTICLE VIII.
It is understood that the punishment of the innocent under the idea of
retaliation, is unjust, and shall not be practiced on either side, except
where there is a manifest violation of this treaty; and then it shall
be preceded first by a demand of justice, and if refused, then by a declaration
of hostilities.
ARTICLE IX.
For the benefit and comfort of the Indians, and for the prevention of
injuries or oppressions on the part of the citizens or Indians, the United
States in Congress assembled shall have the sole and exclusive right of
regulating the trade with the Indians, and managing all their affairs
in such manner as they think proper.
ARTICLE X.
Until the pleasure of Congress be known, respecting the ninth article,
all traders, citizens of the United States, shall have liberty to go to
any of the tribes or towns of the Cherokees to trade with them, and they
shall be protected in their persons and property, and kindly treated.
ARTICLE XI.
The said Indians shall give notice to the citizens of the United States,
of any designs which they may know or suspect to be formed in any neighboring
tribe, or by any person whosoever, against the peace, trade or interest
of the United States.
ARTICLE XII.
That the Indians may have full confidence in the justice of the United
States, respecting their interests, they shall have the right to send
a deputy of their choice, whenever they think fit, to Congress.
ARTICLE XIII.
The hatchet shall be forever buried, and the peace given by the United
States, and friendship re-established between the said states on the one
part, and all the Cherokees on the other, shall be universal; and the
contracting parties shall use their utmost endeavors to maintain the peace
given as aforesaid, and friendship re-established.
In witness
of and every thing herein determined, between the United States of America
and all the Cherokees, we, their underwritten Commissioners, by virtue
of Her full powers, have signed this definitive treaty, and have caused
our seals to be hereunto affixed
Done at Hopewell,
on the Keowee, this twenty-eighth of November, in the year of our Lord
one thousand seven hundred and eighty-five.
Benjamin Hawkins
And'w Piekens,
Jos. Martin
Lach'n McIntosh
Koatohee,
or Corn Tassel of Toquo, his x mark
Seholauetta, or Hanging Man of Chota, his x mark
Tuskegatahu, or Long Fellow of Chistohoe, his x mark
Ooskvrha, or Abraham of Chilkowa, his x mark
Kolakusta, or Prince of Noth, his x mark
Newota, or the Gritzs of Chicamaga his x mark
Konatota, or the Rising Fawn of Highwassay, his x mark
Tuckasee, or Young Terrapin of Allajoy, his x mark
Toostaka, or the Waker of Oostanawa, his x mark
Untoola, or Gun Rod of Seteco, his x mark
Unsuokanail, Buffalo White Calf New Cussee, his x mark
Kostayeak, or Sharp Fellow Wataga, his x mark
Chonosta, of Cowe, his x mark
Chescoonwho, Bird in Close of Tomotlug, his x mark
Tuckasee, or Terrapin of Hightowa his x mark
Chesetoa, or the Rabbit of Tlaeoa, his x mark
Cheseeotetona, or Yellow Bird of the Pine Log, his x mark
Sketaloska, Second Man of Tillico, his x mark
Chokasatahe, Chickasaw Killer Tasonta, his x mark
Onanoota,of Koosoate,hisx mark,
Ookoseta, or Sower Mush of Kooloque, his x mark
Umatooetha. the Water Hunter Choikamawga, his x mark
Wyuka, of Lookout Mountain, his x mark
Tulco, or Tom of Chatuga, his x mark
Will, of Akoha, his x mark
Neeatee, of Sawta, his x mark
Amokontakona, Kuteloa, his x mark
Kowetatahee, in Frog Town, his x mark
Keukuck, Taleoa, his x mark
Tulatiska, of Chaway, his x mark
Wooaluka, the Waylayer, Chota, his x mark
Tatliusta, or Porpoise of Tilassi, his mark
John, of Little Tallico, his x mark
Skelelak, his x mark
Akonoluchta, the cabin, his x mark
Cheanoka, of Kawetakae, his x mark
Yellow Bird, his x mark
Witness:
Wm. Blount
Sam'l Taylor, Major.,
John Owen,
Jess. Walton,
Jno. Cowan, capt. comm'd't,
Thos. Gregg,
W. Hazzard.
James Madison,
Arthur Cooley,
Sworn interpreters.
Treaty
With the Cherokee : 1791
A
Treaty of Peace and; Friendship made and concluded between the President
of the United States of America, on the Part and Behalf of the said States,
and the undersigned Chiefs and Warriors, of the Cherokee Nation of Indians,
on the part aide Behalf of the said Nation.
The parties
being desirous of establishing permanent peace and friendship between
the United States and the said Cherokee Nation, and the citizens and members
thereof, and to remove the causes of war, by ascertaining their limits
and making other necessary, just and friendly arrangements: The President
of the United States, by William Blount, Governor of the territory of
the United States of America, south of the river Ohio, and Superintendant
of Indian affairs for the southern district, who is vested with full powers
for these purposes, by and with-the advice and consent of the Senate of
the United States. And the Cherokee Nation, by the undersigned Chiefs
and Warriors representing the said nation, have agreed to the following
articles, namely:
ARTICLE I.
There shall be perpetual peace and friendship between all the citizens
of the United States of America, and all the individuals composing the
whole Cherokee nation of Indians.
ARTICLE II.
The undersigned Chiefs and Warriors, for themselves and all parts of the
Cherokee nation do acknowledge themselves and the said Cherokee nation,
to be under the protection of the said United States of America, and of
no other sovereign whosoever; and they also stipulate that the said Cherokee
nation will not hold any treaty with any foreign power, individual state,
or with individuals of any state.
ARTICLE III.
The Cherokee nation shall deliver to the Governor of the territory of
the United States of America, south of the river Ohio, on or before the
first day of April next, at this place, all persons who are now prisoners,
captured by them from any part of the United States: And the United States
shall on or before the same day, and at the same place, restore to the
Cherokees, all the prisoners now in captivity, which the citizens of the
United States have captured from them.
ARTICLE IV.
The boundary between the citizens of the United States and the Cherokee
nation, is and shall be as follows: Beginning at the top of the Currahee
mountain, where the Creek line passes it; thence a direct line to Tugelo
river; thence northeast to the Occunna mountain, and over the same along
the South-Carolina Indian boundary to the North-Carolina boundary; thence
north to a point from which a line is to be extended to the river Clinch,
that shall pass the Holston at the ridge which divides the waters running
into Little River from those running into the Tennessee; thence up the
river Clinch to Campbell's line, and along the same to the top of Cumberland
mountain; thence a direct line to the Cumberland river where the Kentucky
road crosses it; thence down the Cumberland river to a point from which
a south west line will strike the ridge which divides the waters of Cumberland
from those of Duck river, forty miles above Nashville; thence down the
said ridge to a point from whence a south west line will strike the mouth
of Duck river.
And in order
to preclude forever all disputes relative to the said boundary, the same
shall be ascertained, and marked plainly by three persons appointed on
the part of the United States, and three Cherokees on the part of their
nation.
And in order
to extinguish forever all claims of the Cherokee nation, or any part thereof,
to any of the land lying to the right of the line above described. beginning
as aforesaid at the Currahee mountain, it is hereby agreed, that in addition
to the consideration heretofore made for the said land, the United States
will cause certain valuable goods, to be immediately delivered to the
undersigned Chiefs and Warriors, for the use of their nation; and the
said United States will also cause the sum of one thousand dollars to
be paid annually to the said Cherokee nation. And the undersigned Chiefs
and Warriors, do hereby for themselves and the whole Cherokee nation,
their heirs and descendants, for the considerations above-mentioned, release,
quit-claim, relinquish and cede, all the land to the right of the line
described, and beginning as aforesaid.
ARTICLE V.
It is stipulated and agreed, that the citizens and inhabitants of the
United States, shall have a free and unmolested use of a road from Washington
district to Mero district, and of the navigation of the Tennessee river.
ARTICLE VI.
It is agreed on the part of the Cherokees, that the United States shall
have the sole and exclusive right of regulating their trade.
ARTICLE VII.
The United States solemnly guarantee to the Cherokee nation, all their
lands not hereby ceded.
ARTICLE VIII.
If any citizen of the United States, or other person not being an Indian,
shall settle on any of the Cherokees' lands, such person shall forfeit
the protection of the United States, and the Cherokees may punish him
or not, as they please.
ARTICLE IX.
No citizen or inhabitant of the United States, shall attempt to hunt or
destroy the game on the lands of the Cherokees; nor shall any citizen
or inhabitant go into the Cherokee country, without a passport first obtained
from the Governor of some one of the United States, or territorial districts,
or such other person as the President of the United States may from time
to time authorize to grant the same.
ARTICLE X.
If any Cherokee Indian or Indians, or person residing among them, or who
shall take refuge in their nation, shall steal a horse from, or commit
a robbery or murder, or other capital crime, on any citizens or inhabitants
of the United States, the Cherokee nation shall be bound to deliver him
or them up, to be punished according to the laws of the United States.
ARTICLE XI.
If any citizen or inhabitant of the United States, or of either of the
territorial districts of the United States, shall go into any town, settlement
or territory belonging to the Cherokees, and shall there commit any crime
upon, or trespass against the person or property of any peaceable and
friendly Indian or Indians, which if committed within the jurisdiction
of any state, or within the jurisdiction of either of the said districts,
against a citizen or white inhabitant thereof, would be punishable by
the laws of such state or district, such offender or offenders, shall
be subject to the same punishment, and shall be proceeded against in the
same manner as if the of fence had been committed within the jurisdiction
of the state or district to which he or they may belong against a citizen
or white inhabitant thereof.
ARTICLE XII.
In case of violence on the persons or property of the individuals of either
party, neither retaliation or reprisal shall be committed by the other,
until satisfaction shall have been demanded of the party of which the
aggressor is and shall have been refused.
ARTICLE XIII.
The Cherokees shall give notice to the citizens of the United States,
of any designs which they may know, or suspect to be formed in any neighboring
tribe, or by any person whatever, against the peace and interest of the
United States.
ARTICLE XIV.
That the Cherokee nation may be led to a greater degree of civilization,
and to become herdsmen and cultivators, instead of remaining in a state
of hunters, the United States will from time to time furnish gratuitously
the said nation with useful implements of husbandry, and further to assist
the said nation in so desirable a pursuit, and at the same time to establish
a certain mode of communication, the United States will send such, and
so many persons to reside in said nation as they may judge proper, not
exceeding four in number, who shall qualify themselves to act as interpreters.
These persons shall have lands assigned by the Cherokees for cultivation
for themselves and their successors in office; but they shall be precluded
exercising any kind of traffic.
ARTICLE XV.
All animosities for past grievances shall henceforth cease, and the contracting
parties will carry the foregoing treaty into full execution with all good
faith and sincerity.
ARTICLE XVI.
This treaty shall take effect and be obligatory on the contracting parties
as soon as the same shall have been ratified by the President of the United
States, with the advice and consent of the Senate of the United States.
In witness of all and every thing herein determined between the
United States
of America and the whole Cherokee nation, the parties have hereunto set
their hands and seals, at the treaty ground on the bank of the Holston,
near the mouth of the French Broad, within the
United States,
this second day of July, in the year of our Lord one thousand seven hundred
and ninety-one.
William Blount,
governor in and over the territory of the United States of America south
of the river Ohio, and superintendent of Indian Affairs for the southern
district,
Chuleoah, or the Boots, his x mark,
Squollecuttah, or Hanging Maw, his x mark,
Oecunna,or the Badger,his x mark,
Enoleh, or Black Fox, his x mark,
Nontuaka, or the Northward, his x mark,
Tekakiska, his x mark
Chutloh, or King
Fisher, his x mark,
Tuckaseh,or Terrapin,his x mark,
Kateh, his x mark
Kunnochatutloh, or the Crane, his x mark
Canquillehanah, or the Thigh, his x mark,
Chesquotteleneh, or Yellow Bird, his x mark,
Chickasawtehe, or Chickasaw Killer, his x mark,
Tuskegatehe, Tuskega Killer, his x mark,
Kulsatehe, his x mark,
Tinkshalene, his x mark
Sawntteh, or Slave Catcher, his x mark,
Auknah, his x mark
Oosenaleh, his x mark
Kenotetah, or Rising Fawn, his x mark,
Kanetetoka, or Standing Turkey, his x mark.
Yonewatleh, or Bear at Home, his x mark,
Long Will, his x mark
Kunoskeskie, or John Watts, his x mark,
Nenetooyah, or Bloody Fellow, his x mark,
Chuquilatague, or Double Head his x mark,
Koolaquah, or Big Acorn, his x mark
Too wayelloh, or Bold Hunter, his x mark
Jahleoonoyehka, or Middle Striker, his x mark,
Kinnesah, or Cabin, his x mark,
Tullotehe, or Two Killer, his x mark
Kaalouske, or Stopt Still, his x mark
Kulsatche, his x mark,
Auquotague, the Little Turkey's Son, his x mark,
Talohteske, or Upsetter, his x mark,
Cheakoneske, or Otter Lifter, his x mark
Keshukaune, or She Reigns, his x mark,
Toonaunailoh, his x mark,
Teesteke, or Common Disturber his x mark,
Robin McClemore
Skyuka
John Thompson, Interpreter.
James Cery, Interpreter.
Done in presence
of-
Dan'l Smith,
Secretary Territory United States south of the river Ohio
Thomas Kennedy, of Kentucky.
Jas. Robertson,
of Mero District
Claiborne Watkins, of Virginia.
Jno. McWhitney, of Georgia.
Fauche, of Georgia.
Titus Ogden, North Carolina.
Jno. Chisolm, Washington District.
Robert King.
Thomas Gegg.
Additional Article To the Treaty made between the United States and the
Cherokees on the second day of July, one thousand seven hundred and ninety-one.
It is hereby
mutually agreed between Henry Knox, Secretary of War, duly authorized
thereto in behalf of the United States, on the one part, and the undersigned
chiefs and warriors, in behalf of them selves and the Cherokee nation,
on the other part, that the following article shall be added to and considered
as part of the treaty made between the United States and the said Cherokee
nation on the second day of July, one thousand seven hundred and ninety-one;
to wit:
The sum to
be paid annually by the United States to the Cherokee nation of Indians,
in consideration of the relinquishment of land, as stated in the treaty
made with them on the second day of July, one thousand seven hundred and
ninety-one, shall be one thousand five hundred dollars instead of one
thousand dollars, mentioned in the said treaty.
In testimony
whereof, the said Henry Knox, Secretary of War, and the said chiefs and
warriors of the Cherokee nation, have hereunto set their hands and seals,
in the city of Philadelphia, this seventeenth day of February, in the
year of our Lord, one thousand seven hundred and ninety-two.
H. Knox, Secretary
of War,
Iskagua, or Clear Sky, his x mark (formerly Nenetooyah, or Bloody Fellow),
Nontuaka, or the Northward, his x mark,
Chutloh, or King
Fisher, his x mark,
Katigoslah, or the Prince, his x mark,
Teesteke, or Common Disturber, his x mark,
Suaka, or George Miller, his x mark,
In presence
of -
Thomas Grooter.
Jno. Stagg, Jr.
Leonard D. Shaw
James Cery, sworn intrepreter to the Cherokee Nation.
Treaty
With the Cherokee : 1794
WHEREAS the
treaty made and concluded on Holston river, on the second day of July,
one thousand seven hundred and ninety-one, between the United States of
America and the Cherokee nation of Indians, has not been fully carried
into execution by reason of some misunderstandings which have arisen:
ARTICLE I.
And whereas the undersigned Henry Knox, Secretary for the department of
War, being authorized thereto by the President of the United States, in
behalf of the said United States, and the undersigned Chiefs and Warriors,
in their own names, and in behalf of the whole Cherokee nation, are desirous
of re-establishing peace and friendship between the said parties in a
permanent manner, Do hereby declare, that the said treaty of Holston is,
to all intents and purposes, in full force and binding upon the said parties,
as well in respect to the boundaries therein mentioned as in all other
respects whatever.
ARTICLE II.
It is hereby stipulated that the boundaries mentioned in the fourth article
of the said treaty, shall be actually ascertained and marked in the manner
prescribed by the said article, whenever the Cherokee nation shall have
ninety days notice of the time and place at which the commissioners of
the United States intend to commence their operation.
ARTICLE III.
The United States, to evince their justice by amply compensating the said
Cherokee nation of Indians for all relinquishments of land made either
by the treaty of Hopewell upon the Keowee river, concluded on the twenty-eighth
of November one thousand seven hundred and eighty-five, or the aforesaid
treaty made upon Holston river, on the second of July, one thousand seven
hundred and ninety-one, do hereby stipulate, in lieu of all former slims
to be paid annually to furnish the Cherokee Indians with goods suitable
for their use, to the amount of five thousand dollars yearly.
ARTICLE IV.
And the said Cherokee nation, in order to evince the sincerity of their
intentions in future, to prevent the practice of stealing horses, attended
with the most pernicious consequences to the lives and peace of both parties,
do hereby agree, that for every horse which shall be stolen from the white
inhabitants by any Cherokee Indians, and not returned within three months,
that the sum of fifty dollars shall be deducted from the said annuity
of five thousand dollars.
ARTICLE V.
The articles now stipulated will be considered as permanent additions
to the treaty of Holston, as soon as they shall have been ratified by
the President of the United States and the Senate of the United States.
In witness
of all and every thing herein determined between the United States of
America and the whole Cherokee nation, the parties have hereunto set their
hands and seals in the city of Philadelphia, within the United States,
this twenty-sixth day of June, in the year of our Lord one thousand seven
hundred and ninety four.
H. Knox, Secretary
of War
Tekakisskee, or Taken out of the Water, his x mark
Nontuaka, or the North arc, his x mark,
Cinasaw, or the Cabin, his x mark,
Skyuka his x mark,
Chuquiiatague, or Double Head, his x mark
John MeCleemore, his x mark
Walaliue, or the Humming Bird,
Chuleowee, his x mark,
Ustanaqua, his X mark
Kullusathee, his x mark,
Siteaha, his x mark,
Keenaguna, or the Lying Fawn, his x mark,
Chatakaelesa, or the Fowl Carrier,
Done in presence
of -
John Thompson,
William Wofford, of the State of Georgia.
Arthur Coodey, Interpreters,
W: McCaleb, of South Carolina.
Cantwell Jones, of Delaware.
Samuel Lewis, of Philadelphia.
Treaty
with the Cherokee : 1798
Articles of
a treaty between the United Stales of America, and the Cherokee Indians.
WHEREAS, the
treaty made and concluded on Holston River, on the second day of July,
in the year one thousand seven hundred and ninety-one between the United
States of America, and the Cherokee nation of Indians, had not been carried
into execution, for some time thereafter, by reason of some misunderstandings
which had arisen: —And whereas, in order to remove such misunderstandings,
and to provide for carrying the said treaty into effect, and for re-establishing
more fully the peace and friendship between the parties, another treaty
was held, made and concluded by and between them, at Philadelphia, the
twenty-sixth day of June in the year one thousand seven hundred and ninety-four:
In which, among other things, it was stipulated, that the boundaries mentioned
in the fourth article of the said treaty of Holston, should be actually
ascertained and marked, in the manner prescribed by the said article,
whenever the Cherokee nation should have ninety days notice of the time
and place at which the commissioners of the United States intended to
commence their operation: And whereas further delays in carrying the said
fourth article into complete effect did take place, so that the boundaries
mentioned and described therein, were not regularly ascertained and marked,
until the latter part of the year one thousand seven hundred and ninety-seven:
before which time, and for want of knowing the direct course of the said
boundary, divers settlements were made, by divers citizens of the United
States, upon the Indian lands over and beyond the boundaries so mentioned
and described in the said article, and contrary to the intention of the
said treaties: but which settlers were removed from the said Indian lands
by authority of the United States, as soon after the boundaries had been
so lawfully ascertained and marked as the nature of the case had admitted:
And whereas, for the purpose of doing justice to the Cherokee nation of
Indians and remedying inconveniences arising to citizens of the United
States from the adjustment of the boundary line between the lands of the
Cherokees and those of the United States, or the citizens thereof, or
from any other cause in relation to the Cherokees; and in order to promote
the interests and safety of the said states, and the citizens thereof,
the President of the United States, by and with the advice and consent
of the Senate thereof, hath appointed George Walton, of Georgia, and the
President of the United States hath also appointed Lieutenant-Colonel
Thomas Butler commanding the troops of the United States in the state
of Tennessee, to be commissioners for the purpose aforesaid: And who,
on the part of the United States, and the Cherokee nation by the undersigned
chiefs and warriors, representing the said nation, have agreed to the
following articles, namely:
ARTICLE I.
The peace
and friendship subsisting between the United States and the Cherokee people,
are hereby renewed, continued, and declared perpetual.
ARTICLE II.
The treaties
subsisting between the present contracting parties, are acknowledged to
be of full and operating force; together with the construction and usage
under their respective articles, and so to continue.
ARTICLE III.
The limits
and boundaries of the Cherokee nation, as stipulated and marked by the
existing treaties between the parties, shall be and remain the same, where
not altered by the present treaty.
ARTICLE IV.
In acknowledgement
for the protection of the United States, and for the considerations hereinafter
expressed and contained, the Cherokee nation agree, and do hereby relinquish
and cede to the United States, all the lands within the following points
and lines, viz. From a point on
the Tennessee river, below Tellico block-house, called the Wild-cat Rock,
in a direct line to the Militia spring, near the Mary-ville road leading
from Tellico. From the said spring to the Chill-howie mountain, by a line
so to be run, as will leave all the farms on Nine-mile Creek to the northward
and eastward of it; and to be continued along Chill-howie mountain, until
it strikes Hawkins's line. Thence along the said line to the great Iron
mountain; and from the top of which a line to be continued in a southeastwardly
course to where the most southwardly branch of Little river crosses the
divisional line to Tuggaloe river: from the place of beginning, the Wild-cat
Rock, down the northeast margin of the Tennessee river (not including
islands) to a point or place one mile above the junction of that river
with the Clinch, and from thence by a line to be drawn in a right angle,
until it intersects Hawkins's line leading from Clinch. Thence down the
said line to the river Clinch; thence up the said river to its junction
with Emmery's river; and thence up Emmery's river to the foot of Cumberland
mountain. From thence a line to be drawn, northeastwardly along the foot
of the mountain, until it intersects with Campbell's line.
ARTICLE V.
To prevent
all future misunderstanding about the line described in the foregoing
article, two commissioners shall be appointed to superintend the running
and marking the same, where not ascertained by the rivers, immediately
after signing this treaty; one to be appointed by the commissioners of
the United States, and the other by the Cherokee nation; and who shall
cause three maps or charts thereof to be made out; one whereof shall be
transmitted and deposited in the war office of the United States; another
with the executive of the state of Tennessee, and the third with the Cherokee
nation, which said line shall form a part of the boundary between the
United States and the Cherokee nation.
ARTICLE VI.
In consideration
of the relinquishment and cession hereby made, the United States upon
signing the present treaty shall cause to be delivered to the Cherokees,
goods, wares and merchandise, to the amount of five thousand dollars,
and shall cause to be delivered, annually, other goods to the amount of
one thousand dollars, in addition to the annuity already provided for;
and will continue the guarantee of the remainder of their country forever,
as made and contained in former treaties.
ARTICLE VII.
The Cherokee
nation agree, that the Kentucky road, running between the Cumberland mountain
and the Cumberland river, where the same shall pass through the Indian
land, shall be an open and free road for the use of the citizens of the
United States in like manner as the road from Southwest point to Cumberland
river. In consideration of which it is hereby agreed on the part of the
United States, that until settlements shall make it improper, the Cherokee
hunters shall be at liberty to hunt and take game upon the lands relinquished
and ceded by this treaty.
ARTICLE VIII.
Due notice
shall be given to the principal towns of the Cherokees, of the time proposed
for delivering the annual stipends; and sufficient supplies of provisions
shall be furnished, by and at the expense of the United States, to subsist
such reasonable number that may be sent, or shall attend to receive them
during a reasonable time.
ARTICLE IX.
It is
mutually agreed between the parties, that horses stolen and not returned
within ninety days, shall be paid for at the rate of sixty dollars each;
if stolen by a white man, citizen of the United States, the Indian proprietor
shall be paid in cash; and if stolen by an Indian from a citizen, to be
deducted as expressed in the fourth article of the treaty of Philadelphia.—This
article shall have retrospect to the commencement of the first conferences
at this place in the present year, and no further. And all animosities,
aggressions, thefts and plunderings, prior to that day shall cease, and
be no longer remembered or demanded on either side.
ARTICLE X.
The Cherokee
nation agree, that the agent who shall be appointed to reside among them
from time to time, shall have a sufficient piece of ground allotted for
his temporary use.
And lastly,
This treaty, and the several articles it contains, shall be considered
as additional to, and forming a part of, treaties already subsisting between
the United States and the Cherokee nation, and shall be carried into effect
on both sides, with all good faith as soon as the same shall be approved
and ratified by the President of the United States, and the Senate thereof.
In witness
of all and every thing herein determined between the United States of
America, and the whole Cherokee nation, the parties hereunto set their
hands and seals in the council house, near Tellico, on Cherokee ground,
and within the United States, this second day of October, in the year
one thousand seven hundred and ninety-eight, and in the twenty-third year
of the independence and sovereignty of the United States.
Thos. Butler,
Geo. Walton.
Nenetuah, or
Bloody Fellow, his x mark, [L. S.]
Ostaiah, his x mark, [L. S.]
Jaunne, or John, his x mark, [L. S.]
Oortlokecteh, his x mark, [L. S.]
Chockonnistaller, or Stallion, his x mark, [L. S.]
Noothoietah, his x mark, [L. S.]
Kunnateelah, or Rising Fawn, his x mark, [L. S.]
Utturah, or Skin Worm, his x mark, [L. S.]
Weelee, or Will his x mark, [L. S.]
Oolassoteh, his x mark, [L. S.]
Tlorene, his x mark, [L. S.]
Jonnurteekee, or Little John, [L. S.]
Oonatakoteekee, his x mark, [L. S.]
Kanowsurhee, or Broom, his x mark, [L. S.]
Yonah Oolah, Bear at Home, his x mark, [L. S.]
Tunksalenee, or Thick Legs, his x mark, [L. S.]
Oorkullaukee, his x mark, [L. S.]
Kumamah, or Butterfly, his xmark, [L. S.]
Chattakuteehee, his x mark, [L. S.]
Kanitta, or Little Turkey, his x mark, [L. S.]
Kettegiskie, his x mark, [L. S.]
Tauquotihee, or the Glass, his x mark, [L. S.]
Chuquilatague, his x mark, [L. S.]
Salleekookoolah, his x mark, [L. S.]
Tallotuskee, his x mark, [L. S.]
Chellokee, his x mark, [L. S.]
Tuskeegatee, or Long Fellow, his x mark, [L. S.]
Neekaanneah, or Woman Holder, his x mark, [L. S.]
Kulsateehee, his x mark, [L. S.]
Keetakeuskah, or Prince, his x mark, [L. S.]
Charley, his x mark, [L. S.]
Akooh, his x mark, [L. S.]
Sawanookeh, his x mark, [L. S.]
Yonahequah, or Big Bear, his x mark, [L. S.]
Keenahkunnah, his x mark, [L. S.]
Kaweesoolaskee, his x mark, [L. S.]
Teekakalohenah, his x mark, [L. S.]
Ookouseteeh, or John Taylor, his x mark, [L. S.]
Chochuchee, his x mark, [L. S.]
Witnesses:
Elisha I. Hall,
secretary of the commission, [L. S.]
Silas Dinsmoor, Indian agent to the Cherokees, [L. S.]
John W. Hooker, United States factor, [L. S.]
Edw. Butler, captain commanding at Tellico, [L. S.]
Robert
Purdy, lieutenant Fourth U. S. Regiment, [L. S.]
Ludwell Grymes, [L. S.]
Jno. McDonald, [L. S.]
Daniel Ross, [L. S.]
Mattw. Wallace, esquire, [L. S.]
Saml. Hanly, [L. S.]
Michael McKinsey, [L. S.]
Chas. Hicks, interpreter, [L. S.]
James Cazey, interpreter, [L. S.]
John Thompson, [L. S.]
Treaty
With the Cherokee : 1804
Articles of
a treaty between the United States of America and the Cherokee Indians.
DANIEL SMITH
and Return J. Meigs, being commissioned by Thomas Jefferson, President
of the United States, with powers of acting in behalf of the said United
States in arranging certain matters with the Cherokee nation of Indians;
and the underwritten principal Chiefs, representing the said nation; having
met the said Commissioners in a conference at Tellico, and having taken
into their consideration certain propositions made to them by the said
Commissioners of the United States; the parties aforesaid, have unanimously
agreed and stipulated, as is definitely expressed in the following articles:
ARTICLE 1st.
For the
considerations hereinafter expressed, the Cherokee nation relinquish and
cede to the United States, a tract of land bounding, southerly, on the
boundary line between the State of Georgia and the said Cherokee nation,
beginning at a point on the said boundary line northeasterly of the most
northeast planatation, in the settlement known by the name of Wafford’s
Settlement, and running at right angles with the said boundary line four
miles into the Cherokee land; thence at right angles southwesterly and
parallel to the first mentioned boundary line, so far as that a line,
to be run at right angles southerly to the said first mentioned boundary
line, shall include, in this cession, all the plantations in Wafford’s
settlement, so called, as aforesaid.
ARTICLE 2nd.
For,
and in consideration of, the relinquishment and cession, as expressed
in the first article, the United States, upon signing the present Treaty,
shall cause to be delivered to the Cherokees, useful goods, wares, and
merchandise, to the amount of the five thousand dollars, or that sum in
money, at the option (timely signified) of the
Cherokees, and shall, also, cause to be delivered, annually, to them,
other useful goods to the amount of one thousand dollars, or money to
that amount, at the option of the Cherokees, timely notice thereof being
given, in addition to the annuity, heretofore stipulated, and to be delivered
at the usual time of their receiving their annuity.
In witness
of all and everything, herein determined, between the United States and
the Cherokee nation, the parties have hereunto set their hands and seals,
in the garrison of Tellico, on Cherokee ground, within the United States,
this twenty-fourth day of October, in the year one thousand eight hundred
and four, and in the twenty-ninth year of the independence and sovereignty
of the United States.
Daniel Smith,
[L. S.]
Return J. Meigs, [L. S.]
Tolluntuskie, his x mark, [L. S.]
Broom, his x mark, [L. S.]
J. McLamore, his x mark, [L. S.]
Quotequeskee, his x mark, [L. S.]
Path Killer, his x mark, [L. S.]
Tagustiskee, his x mark, [L. S.]
Tulio, his x mark, [L. S.]
Sour Much, his x mark, [L. S.]
Keatechee, his x mark, [L. S.]
James Vann. [L. S.]
Witnesses:
Rob. Purdy,
secretary,
John McKee,
Jno. Campbell, captain, second U. S. Regiment, Com.,
John Brahan, lieutenant, second Regiment, infantry,
Thos, J. Van Dyke, Sur. Mate.,
Wm. Charp,
Hinchey Pettway,
Wm.L. Lovely, assistant agent,
Ch. Hicks, interpreter.
Treaty
With the Cherokee : 1805 (October 25)
Articles of
a treaty agreed upon between the United States of America, by their commissioners
Return J. Meigs and Daniel Smith, appointed to hold conferences with the
Cherokee Indians for the purpose of arranging certain interesting matters
with the said Cherokees, of the one part, and the undersigned chiefs and
head men of the said nation, of the other part.
ARTICLE I.
All former treaties, which provide for the maintenance of peace and preventing
of crimes, are on this occasion recognized and continued in force.
ART. II.
The Cherokees quit claim and cede to the United States, all the land which
they have heretofore claimed, lying to the north of the following boundary
line: beginning at the mouth of Duck river, running thence up the main
stream of the same to the junction of the fork, at the head of which fort
Nash stood, with the main south fork; thence a direct course to a point
on the Tennessee river bank opposite the mouth of Hiwassa river. If the
line from Hiwassa should leave out Field's Settlement, it is to be marked
round his improvement, and then continued the straight course; thence
up the middle of the Tennessee river, (but leaving all the islands to
the Cherokees) to the mouth of Clinch river; thence up the Clinch river
to the former boundary line agreed upon with the said Cherokees, reserving
at the same time to the use of the Cherokees a small tract lying at and
below the mouth of Clinch river; from the mouth extending thence down
the Tennessee river from the mouth of Clinch to a notable rock on the
north bank of the Tennessee in view from South West Point; thence a course
at right angles with the river, to the Cumberland road: thence eastwardly
along the same, to the bank of Clinch river, so as to secure the ferry
landing to the Cherokees up to the first hill, and down the same to the
mouth thereof, together with two other sections of one square mile each,
one of which is at the foot of Cumberland mountain, at and near the place
where the turnpike gate now stands; the other on the north bank of the
Tennessee river, where the Cherokee Talootiske now lives. And whereas,
from the present cession made by the Cherokees, and other circumstances,
the site of the garrisons at South West Point and Tellico are become not
the most convenient and suitable places for said Indians, it may become
expedient to remove
the said garrisons and factory to some more suitable place; three other
square miles are reserved for the particular disposal of the United States
on the north bank of the Tennessee, opposite to and below the mouth of
Hiwassa.
ART. III.
In consideration of the above cession and relinquishment, the United States
agree to pay immediately three thousand dollars in valuable merchandise,
and eleven thousand dollars within ninety days after the ratification
of this treaty, and also an annuity of three thousand dollars, the commencement
of which is this day. But so much of the said eleven thousand dollars,
as the said Cherokee may agree to accept in useful articles of, and machines
for, agriculture and manufactures, shall be paid in those articles, at
their option.
ART. IV.
The citizens of the United States shall have the free and unmolested use
and enjoyment of the two following described roads, in addition to those
which are at present established through their country; one to proceed
from some convenient place near the head of Stone's river, and fall into
the Georgia road at a suitable place towards the southern frontier of
the Cherokees. The other to proceed from the neighborhood of Franklin,
on Big Harpath, and crossing the Tennessee at or near the Muscle Shoals,
to pursue the nearest and best way to the settlements on the Tombigbee.
These roads shall be viewed and marked out by men appointed on each side
for that purpose, in order that they may be directed the nearest and best
ways, and the time of doing the business the Cherokees shall be duly notified.
ART. V.
This treaty shall take effect and be obligatory on the contracting parties,
as soon as it is ratified by the President of the United States, by and
with the advice and consent of the Senate of the same.
In testimony whereof, the said commissioners, and the undersigned chiefs
and head men of the Cherokees, have hereto set their hands and seals.
Done at Tellico,
the twenty-fifth day of October, one thousand eight hundred and five.
Return J. Meigs,
Daniel Smith.
Fox, or Ennollee,
his x mark, [L. S.]
Path Killer, or Nenohuttahe, his x mark, [L. S.]
Glass, or Tauquatehee, his x mark [L. S.]
Double head, or Dhuqualutauge, his x mark, [L. S.]
Dick Justice, his x mark, [L. S.]
Tounhull, or Toonayeh, his x mark, [L. S.]
Turtle at Home, or Sullicooahwolu, his x mark, [L. S.]
Chenawee, his x mark, [L. S.]
Slave Boy, or Oosaunabee, his x mark, [L. S.]
Tallotiskee, his x mark, [L. S.]
Broom, or Cunnaweesoskee, his x mark. [L. S.]
John Greenwood, or Sour Mush, his x mark, [L. S.]
Chulioah, his x mark, [L. S.]
Katigiskee, his x mark, [L. S.]
William Shawry, or Eskaculiskee, his x mark, [L. S.]
Taochalar, his x mark, [L. S.]
James Davis, or Coowusaliskee, his x mark, [L. S.]
John Jolly, or Eulatakee, his x mark, [L. S.]
Bark, or Eullooka, his x mark, [L. S.]
John McLemore, or John Euskulacau, his x mark, [L. S.]
Big Bear, or Yohanaqua, his x mark, [L. S.]
Dreadfulwater, or Aumaudoskee, his x mark, [L. S.]
Challaugittihee, his x mark, [L. S.]
Calliliskee, or Knife Sheath, his x mark, [L. S.]
Closenee, his x mark, [L. S.]
Challow, or Kingfisher, his x mark, [L. S.]
John Watts, jr., his x mark, [L. S.]
Sharp Arrow, or Costarauh, his x mark, [L. S.]
John Dougherty, or Long John, his x mark, [L. S.]
Tuckasee, or Terrapin, his x mark, [L. S.]
Tuskegittihee, or Long Fellow, his x mark, [L. S.]
Tochuwor, or Red Bird, his x mark, [L. S.]
Catihee, or Badgerson, his x mark, [L. S.]
Witnesses:
Rob Purdy,
secretary to the commissioner,
W. Yates, Lieutenant Artillerists,
Wm. L. Lovely, assistant agent,
Nicholas Byers, United States factor,
Go. W. Campbell,
Will. Polk,
James Blair,
Jno. Smith, T.
Thomas N. Clark,
Chas. Hicks, interpreter.
Treaty
With the Cherokee : 1805 (October 27)
Articles of
a treaty between the United States of America, by their commissioners,
Return J. Meigs and Daniel Smith, who are appointed to hold, conferences
with the Cherokees for the purpose of arranging certain interesting matters
with the said Indians, of the one part, and the undersigned chiefs and
head men of the Cherokees, of the other part, concluded at Tellico.
ART. 1st.
Whereas it has been represented by the one party to the other that the
section of land on which the garrison of South West Point stands, and
which extends to Kingston, is likely to be a desirable place for the assembly
of the state of Tennessee to convene at (a committee from that body now
in session having viewed the situation) now the Cherokees being possessed
of a spirit of conciliation, and seeing that this tract is desired for
public purposes, and not for individual advantages, (reserving the ferries
to themselves,) quit claim and cede to the United States the said section
of land, understanding at the same time, that the buildings erected by
the public are to belong to the public, as well as the occupation of the
same, during the pleasure of the government; we also cede to the United
States the first island in the Tennessee, above the mouth of Clinch.
ART. 2d.
And whereas the mail of the United States is ordered to be carried from
Knoxville to New-Orleans, through the Cherokee, Creek and Choctaw countries;
the Cherokees agree that the citizens of the United States shall have,
so far as it goes through their country, the free and unmolested use of
a road leading from Tellico to Tombigbe, to be laid out by viewers appointed
on both sides, who shall direct it the nearest and best way; and the time
of doing the business the Cherokees shall be notified of.
ART. 3d.
In consideration of the above cession and relinquishment, the United States
agree to pay to the said Cherokee Indians sixteen hundred dollars in money,
or useful merchandise at their option, within ninety days after the ratification
of this treaty.
ART. 4th.
This treaty shall be obligatory between the contracting parties as soon
as it is ratified by the President, by and with the advice and consent
of the Senate of the United States.
In testimony whereof, the said commissioners, and the undersigned chiefs
and head men of the Cherokees, have hereto set their hands and seals.
Done at Tellico,
this twenty-seventh day of October, in the year of our Lord one thousand
eight hundred and five.
Return J. Meigs
Danl. Smith.
Black Fox,
or Ennone, his x mark, [L. S.]
The Glass, or Tunnquetihee, his x mark, [L. S.]
Kutigeskeee, his x mark, [L. S.]
Toochalar, his x mark, [L. S.]
Turtle at Home, or Sullicookiewalar, his x mark, [L. S.]
Dick Justice, his x mark, [L. S.]
John Greenwood, or Eakosettas, his x mark, [L. S.]
Chuleah, or Gentleman Tom, his x mark, [L. S.]
Broom, or Cannarwesoske, his x mark, [L. S.]
Bald Hunter, or Toowayullau, his x mark, [L. S.]
John Melamere, or Euquellooka, his x mark, [L. S.]
Closenie, or Creeping, his x mark, [L. S.]
Double Head, or Chuquacuttague, his x mark, [L. S.]
Chickasawtihee, or Chickasawtihee Killer, his x mark, [L. S.]
Witness:
Robert Purdy, secretary to the commissioners.
William Yates, B. Com'g.
Nicholas Byers, United States factor.
Wm. Lovely, assistant. agent.
B. M'Ghee.
Saml. Love.
James Blair.
Hopkins Lacey.
Chs. Hicks, interpreter.
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