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Treaties
with the Cherokee : 1806 - 1819
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 : 1806
1807
Elucidation of (this) convention with the Cherokee Nation
A convention
between the United States and the Cherokee nation of Indians, concluded
at the city of Washington, on the seventh day of January, in the year
one thousand eight hundred and six.
ARTICLES of
a Convention made between Henry Dearborn, secretary of war, being specially
authorized thereto by the president of the United States, and the undersigned
chiefs and head men of the Cherokee nation of Indians, duly authorized
and empowered by said nation.
ARTICLE I.
The undersigned
chiefs and head men of the Cherokee nation of Indians, for themselves
and in behalf of their nation, relinquish to the United States all right,
title, interest and claim, which they or their nation have or ever had
to all that tract of country which lies to the northward of the river
Tennessee and westward of a line to be run from the upper part of the
Chickasaw Old Fields, at the upper point of an island, called Chickasaw
island, on said river, to the most easterly head waters of that branch
of said Tennessee river called Duck river, excepting the two following
described tracts, viz. one tract bounded southerly on the said Tennessee
river, at a place called the Muscle Shoals, westerly by a creek called
Te Kee, ta, no-eh or Cyprus creek, and easterly by Chu, wa, lee, or Elk
river or creek, and northerly by a line to be drawn from a point on said
Elk river ten miles on a direct line from its mouth or Junction with Tennessee
river, to a point on the said Cyprus Creek, ten miles on a direct line
from its junction with the Tennessee river.
The other tract is to be two miles in width on the north side of Tennessee
river, and to extend northerly from that river three miles, and bounded
as follows, viz. beginning at the mouth of Spring Creek, and running up
said creek three miles on a straight line, thence westerly two miles at
right angles with the general course of said creek, thence southerly on
a line parallel with the general course of said creek to the Tennessee
river, thence up said river by its waters to the beginning: which first
reserved tract is to be considered the common property of the Cherokees
who now live on the same; including John D. Chesholm, Au, tow, we and
Cheh Chuh, and the other reserved tract on which Moses Melton now lives,
is to be considered the property of said Melton and of Charles Hicks,
in equal shares.
And the said chiefs and head men also agree to relinquish to the United
States all right or claim which they or their nation have to what is called
the Long Island in Holston river.
ARTICLE II.
The said
Henry Dearborn on the part of the United States hereby stipulates and
agrees that in consideration of the relinquishment of title by the Cherokees,
as stated in the preceding article, the United States will pay to the
Cherokee nation two thousand dollars in money as soon as this convention
shall be duly ratified by the government of the United States; and two
thousand dollars in each of the four succeeding years, amounting in the
whole to ten thousand dollars; and that a grist mill shall within one
year from the date hereof, be built in the Cherokee country, for the use
of the nation, at such place as shall be considered most convenient; that
the said Cherokees shall be furnished with a machine for cleaning cotton;
and also, that the old Cherokee chief, called the Black Fox, shall be
paid annually one hundred dollars by the United States during his life.
ARTICLE III.
It is
also agreed on the part of the United States, that the government thereof
will use its influence and best endeavors to prevail on the Chickasaw
nation of Indians to agree to the following boundary between that nation
and the Cherokees to the southward of the Tennessee river, viz. beginning
at the mouth of Caney Creek near the lower part of the Muscle Shoals,
and to run up said creek to its head, and in a direct line from thence
to the Flat Stone or Rock, the old corner boundary.
But it is understood by the contracting parties that the United States
do not engage to have the aforesaid line or boundary established, but
only to endeavor to prevail on the Chickasaw nation to consent to such
a line as the boundary beween the two nations.
ARTICLE IV.
It is
further agreed on the part of the United States that the claims which
the Chickasaws may have to the two tracts reserved by the first article
of this convention on the north side of the Tennessee river, shall be
settled by the United States in such manner as will be equitable, and
will secure to the Cherokees the title to the said reservations
Done at the
place, and on the day and year first above written.
Henry Dearborn,
[L. S.]
Double Head, his x mark, [L. S.]
James Vanu, his x mark, [L. S.]
Tallotiskee, his x mark, [L. S.]
Chulioa, his x mark, [L. S.]
Sour Mush, his x mark, [L. S.]
Turtle at home, his x mark, [L. S.]
Katihu, his x mark, [L. S.]
John McLemore, his x mark, [L. S.]
Broom, his x mark, [L. S.]
John Jolly, his x mark, [L. S.]
John Lowry, his x mark, [L. S.]
Red Bird, his x mark, [L. S.]
John Walker, his x mark, [L. S.]
Young Wolf, his x mark, [L. S.]
Skeuha, his x mark, [L. S.]
Sequechu, his x mark, [L. S.]
Wm. Showry, his x mark, [L. S.]
In presence
of -
Return J. Meigs,
Benjamin Hawkins,
Daniel Smith,
John Smith,
Andrew McClary,
John McClarey.
I certify the
foregoing convention has been faithfully interpreted.
Charles Hicks, Interpreter.
Elucidation
of a convention (1806) with the Cherokee Nation : 1807
WHEREAS,
by the first article of a convention between the United States and the
Cherokee nation, entered into at the city of Washington, on the seventh
day of January, one thousand eight hundred and six, it was intended on
the part of the Cherokee nation, and so understood by the Secretary of
War, the commissioner on the part of the United States, to cede to the
United States all the right, title and interest which the said Cherokee
nation ever had to a tract of country contained between the Tennessee
river and the Tennessee ridge (so called); which tract of country had
since the year one thousand seven hundred and ninety four, been claimed
by the Cherokees and Chickasaws: the eastern boundary whereof is limited
by a line so to be run from the upper part of the Chickasaw Old Fields,
as to include all the waters of Elk river, any thing expressed in said
convention to the contrary notwithstanding. It is therefore now declared
by James
Robertson and Return J. Meigs, acting under the authority of the executive
of the United States, and by a delegation of Cherokee chiefs, of whom
Eunolee or Black Fox, the king or head chief of said Cherokee nation,
acting on the part of, and in behalf of said nation, is one, that the
eastern limits of said ceded tract shall be bounded by a line so to be
run from the upper end of the Chickasaw Old Fields, a little above the
upper point of an island, called Chickasaw Island, as will most directly
intersect the first waters of Elk river, thence carried to the Great Cumberland
mountain, in which the waters of Elk river have their source, then along
the margin of said mountain until it shall intersect lands heretofore
ceded to the United States, at the said Tennessee ridge. And in consideration
of the readiness shown by the Cherokees to explain, and to place the limits
of the land ceded by the said convention out of all doubt; and in consideration
of their expenses in attending council, the executive of the United States
will direct that the Cherokee nation shall receive the sum of two thousand
dollars, to be paid to them by their agent, at such time as the said executive
shall direct, and that the Cherokee hunters' as hath been the custom in
such cases, may hunt on said ceded tract, until by the fullness of settlers
it shall become improper. And it is hereby declared by the parties, that
this explanation ought to be considered as a just elucidation of the cession
made by the first article of said convention.
Done at the
point of departure of the line at the upper end of the island opposite
to the upper part of the said Chickasaw Oil Fields, the eleventh day of
September, in the year one thousand eight hundred and seven.
James
Robertson,
Return J. Meigs,
Eunolee, or Black Fox, his x mark,
Fauquitee, or Glass, his x mark,
Fulaquokoko, or Turtle at home, his x mark,
Richard Brown, his x mark,
Sowolotoh, king's brother, his x mark.
Witnesses present:
Thomas Freeman,
Thomas Orme.
Treaty
With the Cherokee : March 1816 (1)
Articles of
a treaty made and concluded at the City of Washington, on the twenty-second
day of March, one thousand eight hundred and sixteen, between George Graham,
being specially authorized by the President of the United States thereto,
and the undersigned Chiefs and Headmen of the Cherokee Nation, duly authorized
and empowered by the said Nation.
ARTICLE 1.
Whereas the Executive of the State of South Carolina has made an application
to the President of the United States to extinguish the claim of the Cherokee
nation to that part of their lands which lie within the boundaries of
the said State, as lately established and agreed upon between that State
and the State of North Carolina; and as the Cherokee nation is disposed
to comply with the wishes of their brothers of South Carolina, they have
agreed and do hereby agree to cede to the State of South Carolina, and
forever quit claim to, the tract of country contained within the following
bounds, viz.: beginning on the east bank of the Chattuga river, where
the boundary line of the Cherokee
nation crosses the same running thence, with the said boundary line, to
a rock on the Blue Ridge, where the boundary line crosses the same, and
which rock has been lately established as a corner to the States of North
and South Carolina; running thence, south, sixty-eight and a quarter degrees
west, twenty miles and thirty-two chains, to a rock on the Chattuga river
at the thirty-fifth degree of north latitude, another corner of the boundaries
agreed upon by the State of North and South Carolina; thence, down and
with the Chattuga, to the beginning.
ART. 2.
For and in consideration of the above cession, the United States promise
and engage that the State of South Carolina shall pay to the Cherokee
nation, or its accredited agent, the sum of five thousand dollars, within
ninety days after the President and Senate shall have ratified this treaty:
Provided, That the Cherokee nation shall have sanctioned the same in Council:
And provided also, That the Executive of the State of South Carolina shall
approve of the stipulations contained in this article.
In testimony
whereof, the said commissioner, and the undersigned chiefs and head men
of the Cherokee nation, have hereto set their hands and seals.
George Graham,
[L. S.]
Colonel John Lowry, his x mark, [L. S.]
Major John Walker, his x mark, [L. S.]
Major Ridge, his x mark, [L. S.]
Richard Taylor, [L. S.]
John Ross, [L. S.]
Cheucunsene, his x mark, [L. S.]
Witnesses present
at signing and sealing:
Return J. Meigs,
Jacob Laub,
Gid. Davis.
Treaty
With the Cherokee : March 1816 (2)
Articles of
a convention made and entered into between George Graham, specially authorized
thereto by the President of the United States, and the undersigned Chiefs
and Headmen of the Cherokee Nation, duly authorized and empowered by the
said Nation.
ARTICLE 1.
Whereas doubts have existed in relation to the northern boundary of that
part of the Creek lands lying west of the Coosa river, and which were
ceded to the United States by the treaty held at Fort Jackson, on the
ninth day of August, one thousand eight hundred and fourteen; and whereas,
by the third article of the Treaty, dated the seventh of January, one
thousand eight hundred and six, between the United States and the Cherokee
nation, the United States have recognised a claim on the part of the Cherokee
nation to the lands south of the Big Bend of the Tennessee river, and
extending as far west as a place on the waters of Bear Creek, [a branch
of the Tennessee river,] known by the name of the Flat Rock, or Stone;
it is, therefore, now declared and agreed, that a line shall be run from
a point on the west bank of the Coosa river, opposite to the lower end
of the Ten Islands in said river, and above Port Strother, directly to
the Flat Rock or Stone, on Bear creek, [a branch of the Tennessee river;]
which line shall be established as the boundary of the lands ceded by
the Creek nation to the United States by the treaty held at Fort Jackson,
on the ninth day of August, one thousand eight hundred and fourteen, and
of the lands claimed by the Cherokee nation lying west of the Coosa and
south of the Tennessee rivers.
ART. 2.
It is expressly agreed on the part of the Cherokee nation that the United
States shall have the right to lay off, open, and have the free use of,
such road or roads, through any part of the Cherokee nation, lying north
of the boundary line now established, as may be deemed necessary for the
free intercourse between the States of Tennessee and Georgia and the Mississippi
Territory. And the citizens of the United States shall freely navigate
and use as a highway, all the rivers and waters within the Cherokee nation.
The Cherokee nation further agree to establish and keep up, on the roads
to be opened under the sanction of this article, such ferries and public
houses as may be necessary for the accommodation of the citizens of the
United States.
ART. 3.
In order to preclude any dispute hereafter, relative to the boundary line
now established, it is hereby agreed that the Cherokee nation shall appoint
two commissioners to accompany the commissioners already appointed on
the part of the United States, to run the boundary lines of the lands
ceded by the Creek nation to the United States, while, they are engaged
in running that part of the boundary established by the first article
of this treaty.
ART. 4.
In order to avoid unnecessary expense and delay, it is further agreed
that, whenever the President of the United States may deem it expedient
to open a road through any part of the Cherokee nation, in pursuance of
the stipulations of the second article of this Convention, the principal
chief of the Cherokee nation shall appoint one commissioner to accompany
the commissioners appointed by the President of the United States, to
lay off and mark the road; and the said commissioner shall be paid by
the United States.
ART. 5.
The United States agree to indemnify the individuals of the Cherokee nation
for losses sustained by them in consequence of the march of the militia
and other troops in the service of the United States through that nation;
which losses have been ascertained by the agents of the United States
to the amount of twenty-five thousand five hundred dollars.
In testimony
whereof, the said commissioner and the undersigned chiefs and head men
of the Cherokee nation, have hereunto set their hands and seals. Done
at the city of Washington, this twenty-second day of March, one thousand
eight hundred and sixteen.
George Graham,
[L. S.]
Colonel John Lowry, his x mark, [L. S.]
Major John Walker, his x mark, [L. S.]
Major Ridge, his x mark, [L. S.]
Richard Taylor, [L. S.]
John Ross, [L. S.]
Cheucunsene, his x mark, [L. S.]
Witnesses present at signing and sealing:
Return J. Meigs,
Jacob Laub,
Gid. Davis.
Treaty
With the Cherokee : September 1816
To perpetuate
peace and friendship between the United States and Cherokee tribe, or
nation, of Indians, and to remove all future causes of dissension which
may arise from indefinite territorial boundaries, the president of the
United States of America, by major general Andrew Jackson, general David
Meriwether, and Jesse Franklin esquire, commissioners plenipotentiary
on the one part, and the Cherokee delegates on the other, covenant and
agree to the following articles and conditions, which, when approved by
the Cherokee nation, and constitutionally ratified by the government of
the United States, shall be binding on all parties:
ART. 1.
Peace and friendship are hereby firmly established between the United
States and Cherokee nation or tribe of Indians.
ART. 2.
The Cherokee nation acknowledge the following as their western boundary:
South of the Tennessee river, commencing at Camp Coffee, on the south
side of the Tennessee river, which is opposite the Chickasaw Island running
from thence a due south course to the top of the dividing ridge between
the waters of the Tennessee and Tombigby rivers, thence eastwardly along
said ridge, leaving the head waters of the Black Warrior to the right
hand, until opposed by the west branch of Well's Creek, down the east
bank of said creek to the Coosa river, and down said river.
ART. 3.
The Cherokee nation relinquish to the United States all claim, and cede
all title to lands laying south and west of the line, as described in
the second article; and, in consideration of said relinquishment and cession,
the commissioners agree to allow the Cherokee nation an annuity of six
thousand dollars, to continue for ten successive years, and five thousand
dollars, to be paid in sixty days after the ratification of the treaty,
as a compensation for any improvements which the said nation may have
had on the lands surrendered.
ART. 4.
The two contracting parties covenant, and agree, that the line, as described
in the second article, shall be ascertained and marked by commissioners,
to be appointed by the president of the United States; that the marks
shall be bold; trees to be blazed on both sides of the line, and the fore
and aft trees to be marked with the letters U. S.; that the commissioners
shall be accompanied by two persons, to be appointed by the Cherokee nation,
and that said nation, shall have due and seasonable notice when said operation
is to be commenced.
ART. 5.
It is stipulated that the Cherokee nation will meet general Andrew Jackson,
general David Meriwether, and Jesse Franklin, esquire, in council, at
Turkey's Town, Coosa river, on the 28th of September, (instant,) there
and then to express their approbation, or not, of the articles of this
treaty; and if they do not assemble at the time and place specified, it
is understood that the said commissioners may report the same as a tacit
ratification, on the Part of the Cherokee nation, of this treaty.
In testimony
whereof, the said commissioners and undersigned chiefs and delegates of
the Cherokee nation, have hereto set their hands and seals. Done at the
Chickasaw council house, this fourteenth day of September, in the year
of our Lord one thousand eight hundred and sixteen.
Andrew Jackson,
[L. S.]
D. Meriwether, [L. S.]
J. Franklin, [L. S.]
Toochalar, [L. S.]
OohuIookee, [L. S.]
Wososey, [L. S.]
Gousa, [L. S.]
Spring Frog, [L. S.]
Oowatata, [L. S.]
John Benge, [L. S.]
John Bawldridge, [L. S.]
Sallocooke Fields, [L. S.]
George Guess, [L. S.]
Bark, [L. S.]
Campbell, [L. S.]
Spirit, [L. S.]
Young Wolf, [L. S.]
Oolitiskee. [L. S.]
Witness:
James Gadsden, secretary to the commissioners,
Arthur P. Hayne, inspector general, division of the South,
James C. Bronaugh, hospital surgeon, U.S. Army,
John Gordon,
John Rhea,
Thomas Wilson, interpreter for the Cherokees,
A. McCoy, interpreter for the Cherokees.
Ratified at
Turkey Town, by the whole Cherokee nation in council assembled. In testimony
whereof, the subscribing commissioners of of the United States, and the
undersigned chiefs and warriors of the Cherokee nation, have hereto set
their hands and seals, this fourth day of October, in the year of our
Lord one thousand eight hundred and sixteen.
Andrew Jackson,
[L. S.]
D. Meriwether, [L. S.]
Path Killer, his x mark, [L. S.]
The Glass, his x mark, [L. S.]
Sour Mush, his x mark, [L. S.]
Chulioa, his x mark, [L. S.]
Dick Justice, his x mark, [L. S.]
Richard Brown, his x mark, [L. S.]
Bark, his x mark, [L. S.]
The Boot, his x mark, [L. S.]
Chickasawlua, his x mark, [L. S.]
Witness:
James Gadsden, secretary.
Return J. Meigs,
Richard Taylor, interpreter,
A. McCoy, interpreter.
Treaty
With the Cherokee : 1817
Articles of
a treaty concluded, at the Cherokee Agency, within the Cherokee nation,
between major general Andrew Jackson, Joseph M'Minn, governor of the state
of Tennessee, and general David Meriwether, commissioners plenipotentiary
of the United States of America, of the one part, and the chiefs, head
men and warriors, of the Cherokee nation, east of the Mississippi river,
and the chiefs, head men, and warriors, of the Cherokees on the Arkansas
river, and their deputies, John D. Chisholm and James Rogers, duly authorized
by the chiefs of the Cherokees on the Arkansas river, in open council,
by written power of attorney, duly signed and executed, in presence of
Joseph Sevier and William Ware.
WHEREAS in
the autumn of the year one thousand eight hundred and eight, a deputation
from the Upper and Lower Cherokee towns, duly authorized by their nation,
went on to the city of Washington, the first named
to declare to the President of the United States their anxious desire
to engage in the pursuits of agriculture and civilized life in the country
they then occupied, and to make known to the President of the United States
the impracticability of inducing the nation at large to do this, and to
request the establishment of a division line between the upper and lower
towns, so as to include all the waters of the Hiwassee river to the upper
town, that, by thus contracting their society within narrow limits, they
proposed to begin the establishment of fixed laws and a regular government:
The deputies from the lower towns to make known their desire to continue
the hunter life, and also the scarcity of game where they then lived,
and, under those circumstances, their wish to remove across the Mississippi
river, on some vacant lands of the United States. And whereas the President
of the United States, after maturely considering the petitions of both
parties, on the ninth day of January, A. D. one thousand eight hundred
and nine, including other subjects, answered those petitions as follows:
"The United States, my children, are the friends of both parties,
and, as far as can be reasonably asked, they are willing to satisfy the
wishes of both. Those who remain may be assured of our patronage, our
aid and good neighborhood. Those who wish to remove, are permitted to
send an exploring party to reconnoitre the country on the waters of the
Arkansas and White rivers, and the higher up the better, as they will
be the longer unapproached by our settlements, which will begin at the
mouths of those rivers. The regular districts of the government of St.
Louis are already laid off to the St. Francis.
"When
this party shall have found a tract of country suiting the emigrants,
and not claimed by other Indians, we will arrange with them and you the
exchange of that for a just portion of the country they leave, and to
a part of which, proportioned to their numbers, they have a right. Every
aid towards their removal, and what will be necessary for them there,
will then be freely administered to them; and when established in their
new settlements, we shall still consider them as our children, give them
the benefit of exchanging their peltries for what they will want at our
factories, and always hold them firmly by the hand."
And whereas
the Cherokees, relying on the promises of the President of the United
States, as above recited, did explore the country on the west side of
the Mississippi, and made choice of the country on the Arkansas and White
rivers, and settled themselves down upon United States lands, to which
no other tribe of Indians have any just claim and have duly notified the
President of the United States thereof, and of their anxious desire for
the full and complete ratification of his promise, and, to that end, as
notified by the President of the United States, have sent on their agents,
with full powers to execute a treaty, relinquishing to the United States
all the right, title, and interest, to all lands of right to them belonging,
as part of the Cherokee nation, which they have left, and which they are
about to leave, proportioned to their numbers, including, with those now
on the Arkansas, those who are about to remove thither, and to a portion
of which they have an equal right agreeably to their numbers.
Now, know ye that the contracting parties, to carry into full effect the
before recited promises with good faith, and to promote a continuation
of friendship with their brothers on the Arkansas river, and for that
purpose to make an equal distribution of the annuities secured to be paid
by the United States to the whole Cherokee nation, have agreed and concluded
on the following articles, viz:
ART. 1.
The chiefs, head men, and warriors, of the whole Cherokee nation, cede
to the United States all the lands lying north and east of the following
boundaries, viz: Beginning at the high shoals of the Appalachy river,
and running thence, along the boundary line between the Creek and Cherokee
nations westwardly to the Chatahouchy river; thence,
up the Chatahouchy river, to the mouth of Souque creek; thence, continuing
with the general course of the river until it reaches the Indian boundary
line, and, should it strike the Turrurar river, thence, with its meanders,
down said river to its mouth, in part of the proportion of land in the
Cherokee nation east of the Mississippi, to which those now on the Arkansas
and those about to remove there are justly entitled.
ART. 2.
The chiefs head men, and warriors, of the whole Cherokee nation do also
cede to the United States all the lands lying north and west of the following
boundary lines, viz: Beginning at the Indian boundry line that runs from
the north bank of the Tennessee river, opposite to the mouth of Hywassee
river, at a point on the top of Walden's ridge, where it divides the waters
of the Tennessee river from those of the Sequatchie river; thence, along
the said ridge southwardly, to the bank of the Tennessee river, at a point
near to a place called the Negro Sugar Camp, opposite to the upper end
of the first island above Running Water town; thence, westwardly, a straight
line to the mouth of Little Sequatchie river; thence, up said river, to
its main fork, thence, up its northenmost fork, to its source; and thence,
due west to the Indian boundary line.
ART. 3.
It is also stipulated by the contracting parties, that a census shall
be taken of the whole Cherokee nation, during the month of June in the
year of our Lord one thousand eight hundred and eighteen, in the following
manner, viz: That the census of those on the east side of the Mississippi
river, who declare their intention of remaining, shall be taken by a commissioner
appointed by the President of the United States, and a commissioner appointed
by the Cherokees on the Arkansas river; and the census of the Cherokees
on the Arkansas river, and those removing there, and who, at that time,
declare their intention of removing there, shall be taken by a commissioner
appointed by the President of the United States, and one appointed by
the Cherokees east of the Mississippi river.
ART. 4.
The contracting parties do also stipulate that the annuity due from the
United States to the whole Cherokee nation for the year one thousand eight
hundred and eighteen, is to be divided between the two parts of the nation
in proportion to their numbers, agreeably to the stipulations contained
in the third article of this treaty; and to be continued to be divided
thereafter in proportion to their numbers; and the lands to be apportioned
and surrendered to the United States agreeably to the aforesaid enumeration,
as the proportionate part, agreeably to their numbers, to which those
who have removed and who declare their intention to remove, have a just
right including these with the lands ceded in the first and second articles
of this treaty.
ART. 5.
The United States bind themselves in exchange for the lands ceded in the
first and second articles hereof, to give to that part of the Cherokee
nation on the Arkansas as much land on said river and White river as they
have or may hereafter receive from the Cherokee nation east of the Mississippi,
acre for acre, as the just proportion due that part of the nation on the
Arkansas agreeably to their numbers; which is to commence on the north
side of the Arkansas river at the mouth of Point Remove or Budwell's Old
Place; thence, by a straight line, northwardly, to strike Chataunga mountain,
or the hill first above Shield's Ferry on White river, running up and
between said rivers for complement, the banks of which rivers to be the
lines; and to have the above line, from the point of beginning to the
point on White river, run and marked, which shall be done soon after the
ratification of this treaty; and all citizens of the United States, except.
P. Lovely, who is to remain where she lives during life, removed from
within the bounds as above named. And it is further stipulated, that
the treaties heretofore between the Cherokee nation and the United States
are to continue in full force with both parts of the nation, and both
parts thereof entitled to all the immunities and privilege which the old
nation enjoyed under the aforesaid treaties; the United States reserving
the right of establishing factories, a military post, and roads within
the boundaries above defined.
ART. 6.
The United States do also bind themselves to give to all the poor warriors
who may remove to the western side of the Mississippi river, one rifle
gun and ammunition, one blanket, and one brass kettle, or, in lieu of
the brass kettle, a beaver trap, which is to be considered as a full compensation
for the improvements which they may leave; which articles are to be delivered
at such point as the President of the United States may direct: and to
aid in the removal of the emigrants, they further agree to furnish flat
bottomed boats and provisions sufficient for that purpose: and to those
emigrants whose improvements add real value to their lands, the United
States agree to pay a full valuation for the same, which is to be ascertained
by a commissioner appointed by the President of the United States for
that purpose, and paid for as soon after the ratification of this treaty
as practicable. The boats and provisions promised to the emigrants are
to be furnished by the agent on the Tennessee river, at such time and
place as the emigrants may notify him of; and it shall be his duty to
furnish the same.
ART. 7.
And for all improvements which add real value to the lands lying within
the boundaries ceded to the United States, by the first and second articles
of this treaty, the United States do agree to pay for at the time, and
to be valued in the same manner, as stipulated in the sixth article of
this treaty; or, in lieu thereof, to give in exchange improvements of
equal value which the emigrants may leave, and for which they are to receive
pay. And it is further stipulated that all these improvements, left by
the emigrants within the bounds of the Cherokee nation east of the Mississippi
river, which add real value to the lands, and for which the United States
shall give a consideration, and not so exchanged shall be rented to the
Indians by the agent, year after year, for the benefit of the poor and
decrepid of that part of the nation east of the Mississippi river until
surrendered by the nation, or to the nation. And it is further agreed,
that the said Cherokee nation shall not be called upon for any part of
the consideration paid for said improvements at any future period.
ART. 8.
And to each and every head of any Indian family residing on the east side
of the Mississippi river, on the lands that are now or may hereafter be
surrendered to the United States, who may wish to become citizens of the
United States, the United States do agree to give a reservation of six
hundred and forty acres of land in a square to include their improvements
which are to be as near the centre thereof as practicable, in which they
will have a life estate with a reversion in fee simple to their children
reserving to the widow her dower, the register of whose names is to be
filed in the office of the Cherokee agent, which shall be kept open until
the census is taken as stipulated in the third article of this treaty.
Provided, That if any of the heads of families, for whom reservations
may be made, should remove therefrom, then, in that case the right to
revert to the United States. And provided further, That the land which
may be reserved under this article, be deducted from the amount which
has been ceded under the first and second articles of this treaty.
ART. 9.
It is also provided by the contracting parties, that nothing in the foregoing
articles shall be construed so as to prevent any of the parties so contracting
from the free navigation of all the waters mentioned therein.
ART. 10.
The whole of the Cherokee nation do hereby cede to the United States all
right, title, and claim, to all reservations made to Doublehead and others,
which were reserved to them by a treaty made and entered into at the city
of Washington, bearing date the seventh of January, one thousand eight
hundred and six.
ART. 11.
It is further agreed that the boundary lines of the lands ceded to the
United States by the first and second articles of this treaty, and the
boundary line of the lands ceded by the United States in the fifth article
of this treaty, is to be run and marked by a commissioner or commissioners
appointed by the President of the United States, who shall be accompanied
by such commissioners as the Cherokees may appoint; due notice thereof
to be given to the nation.
ART. 12.
The United States do also bind themselves to prevent the intrusion of
any of its citizens within the lands ceded by the first and second articles
of this treaty, until the same shall be ratified by the President and
Senate of the United States, and duly promulgated.
ART. 13.
The contracting parties do also stipulate that this treaty shall take
effect and be obligatory on the contracting parties so soon as the same
shall be ratified by the President of the United States, by and with the
advice and consent of the Senate of the United States.
In witness
of all and every thing herein determined, by and between the before recited
contracting parties, we have, in full and open council, at the Cherokee
Agency, this eighth day of July, A. D. one thousand eight hundred and
seventeen, set our hands and seals.
Andrew Jackson,
[L. S.]
Joseph McMinn, [L. S.]
D. Meriwether, [L. S.]
United States Commis'rs.
Richard Brown, his x mark, [L. S.]
Cabbin Smith, his x mark, [L. S.]
Sleeping Rabbit, his x mark, [L. S.]
George Saunders, his x mark, [L. S.]
Roman Nose, his x mark, [L. S.]
Currohe Dick, his x mark, [L. S.]
John Walker, his x mark, [L. S.]
George Lowry, [L. S.]
Richard Taylor, [L. S.]
Walter Adair, [L. S.]
James Brown, [L. S.]
Kelachule, his x mark, [L. S.]
Sour Mush, his x mark, [L. S.]
Chulioa, his x mark, [L. S.]
Chickasautchee, his x mark, [L. S.]
The Bark of Chota, his x mark, [L. S.]
The Bark of Hightower, his x mark, [L. S.]
Big Half Breed, his x mark, [L. S.]
Going Snake, his x mark, [L. S.]
Leyestisky, his x mark, [L. S.]
Ch. Hicks, [L. S.]
Young Davis, his x mark, [L. S.]
Souanooka, his x mark, [L. S.]
The Locust, his x mark, [L. S.]
Beaver Carrier, his x mark, [L. S.]
Dreadful Water, his x mark, [L. S.]
Chyula, his x mark, [L. S.]
Ja. Martin, [L. S.]
John McIntosh, his x mark, [L. S.]
Katchee of Cowee, his x mark, [L. S.]
White Man Killer, his x mark, [L. S.]
Arkansas chiefs:
Toochalar, his x mark, [L. S.]
The Glass, his x mark, [L. S.]
Wassosee, his x mark, [L. S.]
John Jolly, his x mark,[L. S.]
The Gourd, his x mark, [L. S.]
Spring Frog, his x mark, [L. S.]
John D. Chisholm, [L. S.]
James Rogers, [L. S.]
Wawhatchy, his x mark, [L. S.]
Attalona, his x mark, [L. S.]
Kulsuttchee, his x mark, [L. S.]
Tuskekeetchee, his x mark, [L. S.]
Chillawgatchee, his x mark, [L. S.]
John Smith, his x mark, [L. S.]
Toosawallata, his x mark, [L. S.]
In presence
of -
J.M. Glassel, secretary to the commission,
Thomas Wilson, clerk to the commissioners,
Walter Adair
John Speirs, interpreter, his x mark,
A. McCoy, interpreter,
James C. Bronaugh, hospital surgeon, U. S. Army,
Isham Randolph, captain First Redoubtables,
Wm. Meriwether,
Return J. Meigs, agent Cherokee Nation.
Treaty
With the Cherokee : 1819
Articles of
a convention made between John C. Calhoun Secretary of War, being specially
authorized therefor by the President of the United States, and the undersigned
Chiefs and Head Men of the Cherokee nation of Indians, duly authorized
and empowered by said nation, at the City of Washington, on the twenty-seventh
day of February, in the year of our Lord one thousand eight hundred and
nineteen.
WHEREAS a greater
part of the Cherokee nation have expressed an earnest desire to remain
on this side of the Mississippi, and being desirous, in order to commence
those measures which they deem necessary to the civilization and preservation
of their nation, that the treaty between the United States and them, signed
the eighth of July, eighteen hundred and seventeen, might, without further
delay, or the trouble or expense of taking the census, as stipulated in
the said treaty, be finally adjusted, have offered to cede to the United
States a tract of country at least as extensive as that which they probably
are entitled to under its provisions, the contracting parties have agreed
to and concluded the following articles.
ART. 1.
The Cherokee nation cedes to the United States all of their lands lying
north and east of the following line, viz: Beginning on the Tennessee
river, at the point where the Cherokee boundary with Madison county, in
the Alabama territory, joins the same; thence, along the main channel
of said river, to the mouth of the Highwassee; thence, along its main
channel, to the first hill which closes in on said river, about two miles
above Highwassee Old Town; thence, along the ridge which divides the waters
of the Highwassee and Little Tellico, to the Tennessee river, at Tallassee;
thence, along the main channel, to the junction of the Cowee and Nanteyalee;
thence, along the ridge in the fork of said river, to the top of the Blue
Ridge; thence, along the Blue Ridge to the Unicoy Turnpike Road; thence,
by a straight line, to the nearest main source of the Chestatee; thence,
along its main channel, to the Chatahouchee; and thence to the Creek boundary;
it being understood that all the islands in the Chestatee, and the parts
of the Tennessee and Highwassee, (with the exception of Jolly's Island,
in the Tennessee, near the mouth of the Highwassee,) which constitute
a portion of the present boundary, belong to the Cherokee nation; and
it is also understood, that the reservations contained in the second article
of the treaty of Tellico, signed the twenty-fifth October, eighteen hundred
and five, and a tract equal to twelve miles square, to be located by commencing
at the point formed by the intersection of the boundary line of Madison
county, already mentioned, and the north bank of the Tennessee river;
thence, along the said line, and up the said river twelve miles, are ceded
to the United States, in trust for the Cherokee nation as a school fund;
to be sold by the United States, and the proceeds vested as is hereafter
provided in the fourth article of this treaty; and, also, that the rights
vested in the Unicoy Turnpike Company, by the Cherokee nation, according
to certified copies of the instruments securing the rights, and herewith
annexed, are not to be affected by this treaty; and it is further understood
and agreed by the said parties, that the lands hereby ceded by the Cherokee
nation, are in full satisfaction of all claims which the United States
have on them, on account of the cession to a part of their nation who
have or may hereafter emigrate to the Arkansaw; and this treaty is a final
adjustment of that of the eighth of July, eighteen hundred and seventeen.
ART. 2.
The United States agree to pay, according to the stipulations contained
in the treaty of the eighth of July, eighteen hundred and seventeen, for
all improvements on land lying within the country ceded by the Cherokees,
which add real value to the land, and do agree to allow a reservation
of six hundred and forty acres to each head of any Indian family residing
within the ceded territory, those enrolled for the Arkansaw excepted,
who choose to become citizens of the United States, in the manner stipulated
in said treaty.
ART. 3.
It is also understood and agreed by the contracting parties, that a reservation,
in fee simple, of six hundred and forty acres square, with the exception
of Major Walker's, which is to be located as is hereafter provided, to
include their improvements, and which are to be as near the centre thereof
as possible, shall be made to each of the persons whose names are inscribed
on the certified list annexed to this treaty, all of whom are believed
to be persons of industry, and capable of managing their property with
discretion, and have, with few exceptions, made considerable improvements
on the tracts reserved. The reservations are made on the condition, that
those for whom they are intended shall notify, in writing, to the agent
for the Cherokee nation, within six months after the ratification of this
treaty, that it is their intention to continue to reside permanently on
the land reserved.
The reservation for Lewis Ross, so to be laid off as to include his house,
and out-buildings, and ferry adjoining the Cherokee agency, reserving
to the United States all the public property there, and the continuance
of the said agency where it now is, during the pleasure of the government;
and Major Walker's, so as to include his dwelling house and ferry: for
Major Walker an additional reservation is made of six hundred and forty
acres square, to include his grist and saw mill; the land is poor, and
principally valuable for its timber. In addition to the above reservations,
the following are made, in fee simple; the persons for whom they are intended
not residing on the same: To Cabbin Smith, six hundred and forty acres,
to be laid off in equal parts, on both sides of his ferry on Tellico,
commonly called Blair's ferry; to John Ross, six hundred and forty acres,
to be laid off so as to include the Big Island in Tennessee river, being
the first below Tellico-which tracts of land were given many years since,
by the Cherokee nation, to them; to Mrs. Eliza Ross, step daughter of
Major Walker, six hundred and forty acres square, to be located on the
river below and adjoining Major Walker's; to Margaret Morgan, six hundred
and forty acres square, to be located on the west of, and adjoining, James
Riley's reservation; to George Harlin, six hundred and forty acres square,
to be located west of, and adjoining, the reservation of Margaret Morgan;
to James Lowry, six hundred and forty acres square, to be located at Crow
Mocker's old place, at the foot of Cumberland mountain; to Susannah Lowry,
six hundred and forty acres, to be located at the Toll Bridge on Battle
Creek; to Nicholas Byers, six hundred and forty acres, including the Toqua
Island, to be located on the north bank of the Tennessee, opposite to
said Island.
ART. 4.
The United States stipulate that the reservations, and the tract reserved
for a school fund, in the first article of this treaty, shall be surveyed
and sold in the same manner, and on the same terms, with the public lands
of the United States, and the proceeds vested, under the direction of
the President of the United States, in the stock of the United States,
or such other stock as he may deem most advantageous to the Cherokee nation.
The interest or dividend on said stock, shall be applied, under his direction,
in the manner which he shall judge best calculated to diffuse the benefits
of education among the Cherokee nation on this side of the Mississippi.
ART. 5.
It is agreed that such boundary lines as may be necessary to designate
the lands ceded by the first article of this treaty, may be run by a commissioner
or commissioners to be appointed by the President of the United States,
who shall be accompanied by such commissioners as the Cherokees may appoint,
due notice thereof to be given to the nation, and that the leases which
have been made under the treaty of the eighth of July, eighteen hundred
and seventeen, of land lying within the portion of country reserved to
the Cherokees, to be void; and that all white people who have intruded,
or may hereafter intrude, on the lands reserved for the Cherokees, shall
be removed by the United States, and proceeded against according to the
provisions of the act passed thirtieth March, eighteen hundred and two,
entitled "An act to regulate trade and intercourse with the Indian
tribes, and to preserve peace on the frontiers."
ART. 6.
The contracting parties agree that the annuity to the Cherokee nation
shall be paid, two-thirds to the Cherokees east of the Mississippi, and
one-third to the Cherokees west of that river, as it is estimated that
those who have emigrated, and who have enrolled for emigration, constitute
one-third of the whole nation; but if the Cherokees west of the Mississippi
object to this distribution, of which due notice shall be given them,
before the expiration of one year after the ratification of this treaty,
then the census, solely for distributing the annuity, shall be taken at
such times, and in such manner, as the President of the United States
may designate.
ART. 7.
The United States, in order to afford the Cherokees who reside on the
lands ceded by this treaty, time to cultivate their crop next summer,
and for those who do not choose to take reservations, to remove, bind
themselves to prevent the intrusion of their citizens on the ceded land
before the first of January next.
ART. 8.
This treaty to be binding on the contracting parties so soon as it is
ratified by the President of the United States, by and with the advice
and consent of the Senate.
Done at the
place, and on the day and year, above written.
J.C. Calhoun.
Ch. Hicks,
[L. S.]
Jno. Ross, [L. S.]
Lewis Ross, [L. S.]
John Martin, [L. S.]
James Brown, [L. S.]
Geo. Lowry, [L. S.]
Gideon Morgan, jr. [L. S.]
Cabbin Smith, his x mark, [L. S.]
Sleeping Rabbit, his x mark, [L. S.]
Small Wood, his x mark, [L. S.]
John Walker, his x mark, [L. S.]
Currohee Dick, his x mark, [L. S.]
Witnesses:
Return J. Meigs,
C. Vandeventer,
Elias Earle,
John Lowry.
List of persons
referred to in the 3d article of the annexed Treaty.
Richard Walker,
within the chartered limits of North Carolina.
Yonah, alias Big Bear, do.
John Martin, do. Georgia.
Peter Linch, do. do.
Daniel Davis, do. do.
George Parris, do. do.
Walter S. Adair, do. do.
Thos. Wilson, do. Alab.Ter.
Richard Riley, do. do.
James Riley, do. do.
Edward Gunter, do. do.
Robert McLemore, do. Tenn.
John Baldridge, do. do.
Lewis Ross, do. do.
Fox Taylor, do. do.
Rd Timberlake, do. do.
David Fields, (to include his mill,) do. do.
James Brown, (to include his field by the long pond,) do. do.
William Brown, do. do.
John Brown, do. Tennessee
Elizabeth Lowry, do. do.
George Lowry, do. do.
John Benge, do. do.
Mrs. Eliz. Peck, do. do.
John Walker, do. do.
John Walker Jr. (unmarried,) do. do.
Richard Taylor, do. do.
John McIntosh, do. do.
James Starr, do. do.
Samuel Parks, do. do.
The Old Bark, (of Chota) do. do.
No. of reservees within the limits of
North Carolina, 2
Georgia, 5
Alabama Terr. 4
Tennessee, 20
Total No. of
reservees, 31
I hereby certify, that I am, either personally, or by information on which
I can rely, acquainted with the persons before named, all of whom I believe
to be persons of industry, and capable of managing their property with
discretion; and who have, with few exceptions, long resided on the tracts
reserved, and made considerable improvements thereon.
RETURN J. MEIGS, Agent in the Cherokee nation.
________
(COPY.) Cherokee
Agency, Highwassee Garrison.
We, the undersigned Chiefs and Councillors of the Cherokees in full council
assembled, do hereby give, grant, and make over unto Nicholas Byers and
David Russell, who are agents in behalf of the states of Tennessee and
Georgia, full power and authority to establish a Turnpike Company, to
be composed of them, the said Nicholas and David, Arthur Henly, John Lowry,
Atto. and one other person, by them to be hereafter named, in behalf of
the state of Georgia; and the above named persons are authorized to nominate
five proper and fit persons, natives of the Cherokees, who, together with
the white men aforesaid, are to constitute the company; which said company,
when thus established, are hereby fully authorized by us, to lay out and
open a road from the most suitable point on the Tennessee River, to be
directed the nearest and best way to the highest point of navigation on
the Tugolo River; which said road, when opened and established, shall
continue and remain a free and public highway, unmolested by us, to the
interest and benefit of the said company, and their successors, for the
full term of twenty years, yet to come, after the same may be open and
complete; after which time, said road, with all its advantages, shall
be surrendered up, and reverted in, the said Cherokee nation. And the
said company shall have leave, and are hereby authorized, to erect their
public stands, or houses of entertainment, on said road, that is to say:
one at each end, and one in the middle, or as nearly so as a good situation
will permit: with leave also to cultivate one hundred acres of land at
each end of the road, and fifty acres at the middle stand, with a privilege
of a sufficiency of timber for the use and consumption of said stands.
And the said Turnpike Company do hereby agree to pay the sum of one hundred
and sixty dollars yearly to the Cherokee nation, for the aforesaid privilege,
to commence after said road is opened and in complete operation. The said
company are to have the benefit of one ferry on Tennessee river, and such
other ferry or ferries as are necessary on said road; and, likewise, said
company shall have the exclusive privilege of trading on said road during
the aforesaid term of time.
In testimony
of our full consent to all and singular the above named privileges and
advantages, we have hereunto set our hands and affixed our seals this
eighth day of March, eighteen hundred and thirteen.
Outahelce,
his x mark, [L. S.]
Naire, above, his x mark, [L. S.]
Theelagathahee, his x mark, [L. S.]
The Raven, his x mark, [L. S.]
Two Killers, his x mark, [L. S.]
Teeistiskee, his x mark, [L. S.]
John Boggs, his-mark, [L. S.]
Quotiquaskee, his-mark, [L. S.]
Currihee, Dick, his-mark, [L. S.]
Ooseekee, his-mark, [L. S.]
Toochalee, [L. S.]
Chulio, [L. S.]
Dick Justice, [L. S.]
Wausaway, [L. S.]
Big Cabbin, [L. S.]
The Bark, [L. S.]
Nettle Carrier, [L. S.]
Seekeekee, [L. S.]
John Walker, [L. S.]
Dick Brown, [L. S.]
Charles Hick, [L. S.]
Witnesses present:
Wm L. Lovely, assistant agent,
William Smith,
George Colville.
James Carey,
Richard Taylor,
Interpreters.
The foregoing
agreement and grant was amicably negotiated and concluded in my presence.
Return J. Meigs.
I certify I
believe the within to be a correct copy of the original.
Charles Hicks.
WASHINGTON CITY, March 1, 1819.
________
CHEROKEE AGENCY,
January 6, 1817.
We, the undersigned Chiefs of the Cherokee nation, do hereby grant unto
Nicholas Byers, Arthur H. Henly, and David Russell, proprietors of the
Unicoy road to Georgia, the liberty of cultivating all the ground contained
in the bend on the north side of Tennessee river, opposite and below Chota
Old Town, together with the liberty to erect a grist mill on Four Mile
creek, for the use and benefit of said road, and the Cherokees in the
neighbourhood thereof; for them, the said Byers, Henly, and Russell, to
have and to hold the above privileges during the term of lease of the
Unicoy road, also obtained from the Cherokees, and sanctioned by the President
of the United States.
In witness whereof, we hereunto affix our hands and seals, in presence
of -
John McIntosh,
[L. S.]
Charles Hicks, [L. S.]
Path Killer, [L. S.]
Tuchalar, [L. S.]
The Gloss, [L. S.]
John Walker, [L. S.]
Path Killer, jr. [L. S.]
Going Snake. [L. S.]
Witness:
Return J. Meigs, United States agent.
The above instrument
was executed in open Cherokee council, in my office, in January, 1817.
Return J. Meigs.
CHEROKEE AGENCY,
8th July, 1817.
The use of the Unicoy road, so called, was for twenty years.
Return J. Meigs.
I certify I
believe the within to be a correct copy of the original.
Ch. Hicks.
WASHINGTON
CITY, March 1, 1819.
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