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EDITED BY TIIO HAS HAYNES. ESQ.
VOL. 111. NO. 23.
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ZBY '.e. 3fu UD BIWOTif,
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I'nioH, Krpublicuu
Ticket.
FOR PRESIDENT,
MARTIN VAN BUREN.
FOR VICE-PRESIDENT,
RICHARD M. JOHNSON.
ELECTORAL TICKET.
THOMAS F. HENDERSON, of Franklin.
WM. B. BVLLOCII, of Chatham.
SAMUEL GROVES, of Madison.
THOMAS H AYNES, of Baldwin.
REUBEN JORDAN, of Jones.
WILSON LUMYKIN, of Walton.
WILLIAM PENTICOST, of Jackson.
THOMAS SPALDING, of Mclntosh.
JAMES C. WATSON, of Muscogee.
WM. B. WOFFORD, of Habersham.
TllO MA S W OOT EN, of Wilkes.
ANDREW JACKSON,
Prbsioext of the United States of America.
To all and singular towhem these presents
shall come Greeting:
Whereas a Treaty, was concluded at New
Echota, in the State of Georgia, on the
twenty-ninth day of December eighteen
hundred and thirty-five, by General Wil
liam Carroll, and John F. Schermerhorn,
commissioners on the part of the United
States; aud the chiefs, head men, and
people, ofthe Cherokee tribe of Indi
ans. And Whereas certain articles
supplementary to the said Treaty were
agreed upon between John F. Schermer
horn, commissioner on the part of the
United States, aud a delegation of the j
Cherokee people, oo the first day of
March, one tltousand eight hundred and
thirty-six. Which treaty and supple
mentary articles are in the words follow
ing to wit:
Articles of a treaty concluded at New Echo
la in the State of Georgia on ike 29/A
day of Deer. 1835 by General ll 'illiaii:
Carroll aiul John E. Schermerhorn com
missioners on the part of the United States
and the Chiefs Head men and People
of the Cherokee tribe of Indians.
Whereas the Cherokees are anxious to
make some arrangements w ith the Gov
ernment of the United States whereby
the difficulties they have experienced by
a residence within die settled parts of the
United States under the jurisdiction and
laws of the State Governments may be
terminated and adjusted; and with a
view to reuniting their people in one
body and securing a |>ermanent home
for themselves and their posterity in tltc
country selected by their forefathers with
out the territorial limits of the State
sovereignties ; and where they can esta
blish and enjoy a Government of their
choice and perpetuate such a slate of so
ciety as may be most consonant with
their views habits and condition ; and
as may tend to their individual coinfort
and their advancement in civiliza
tion.
And whereas a delegation of the Cherokee
nation composed of Messrs. John Ross,
Richard Taylor, Daul. McCoy, Samuel
Gunter and W illiam Rogers with full
power and authority to conclude a treaty
with the United States did on the 28lh
day of February 1835 stipulate and a
gree with the Government of the United
States to submit to the Senate to fix the
amount which should be allowed the
Cherokees for their claims and for a ces
sion of their lands east of the Mississippi
river and did agree to abide by the a
ward of the Senate of the United States
themselves and to recommend the same
to their people for their final determina
tion.
And whereas on such submission the Senate
advised “that a sum not exceeding five
millions of dollars be paid to the Cher
okee Indians for all their lands and pos
sessions east of the Mississippi river”.
And whereas this delegation after said a
ward of the Senate had been made, were
called upon to submit propositions as to
its disposition to be arranged in a treaty
which they refused to do, but insisted
that the same “ should be referred to their
nation and there in general council to de
liberate and determine on the subject in
order to ensure harmony and good feeling
among themselves.”
And whereas a certain other delegation
composed of John Ridge, Elias Boudin
ot Archilia Smith, S. W. Bell, John
IVest, Wm. A Davis and Ezekiel West,
represented that portion of the na
£ioji favor of emigration to the Cher
okee courgry west of the Mississippi en
tered into propositions for a treaty with
John F. Schermerhorn commissioner on
the part ol the United Slates which were
lo be submitted to their nation for their fi
nal action and determination :
And whereas the Cherokee people, attlieir
last October council at Red G|ay, fully
authorized and a delegation
C’T
or committee of twenty persons of their i
nation to enter into and conclude a trea- '
ty with the United Slates commissioner
then present, at that place or elsewhere |
and as the people had good reason to be
lieve that a treaty would then and there I
be made or at a subsequent council at
New Echota which the commissioners it [
was well known and understood, were i
authorized and instructed to convene for
said purpose , and since the said delega
tion have gone on to Washington city,
w ith a view to close negotiations there,
as slated by them notwithstanding they
were officially informed by the United
States commissioner that they would not
be received by the President of the U
nited States; and that the Government
WOHftT transact no business of ibis nature
with them, and that if a treaty was made
it must be done here in the nation, where
the delegation at Washington last win
ter urged that it should be done for
the purpose of promoting peace and har
mony among the people ; and since these
facts have also been corroborated to us
by a communication recently received
by the commissioner from the Govern
ment of the United States and read and
explained to the people in open council
and therefore believing said delegation
can eliect nothing, and since our difficul
ties are daily increasing and our situa
tion is rendered more and more precari
ous uncertain and insecure in conse
quence of the legislation of the States;
and seeing no effectual way of relief, but
in accepting the liberal overtures of the
United Slates.
And whereas General William Carroll and
John F. Schermerhorn were appointed
commissioners on the part of the United
States, with full power and authority to
conclude a treaty with the Cherokees
east, and were directed by the President
to convene the people of the nation in
general council at New Echota and to
submit said propositions to them with
power and authority to vary the same so
as to meet the views of the Cherokees in
reference to its details.
And whereas the said commissioners did
appoint and notify a general council of
the nation to convene at New Echota on I
the 21st day of December 1835 ; and in-1
formed them that the commissioners I
would be prepared to make a treaty with
the Cherokee people who should assem
ble there and those who did not come
they should conclude gave their assent
and sanction to whatever should be trans
acted at this council and the people
having met in council according to said
notice.
Therefore the following articles of a trea
ty are agreed upon and concluded between
William Carroll and John F. Schermer
horn commissioners on the part of the U
nited States and the chiefs, head men, and
people of the Cherokee nation in general
council assembled this 29th day of Deer.
1835.
Art. 1. The Cherokee nation hereby
cede relinquish and convey to the United
States all the lands owned claimed or pos
sessed by them east of the Mississippi river,
and hereby release all their claims upon
the United States for spoliations of every
kind for and in consideration of the sum of
five millions of dollars to be expended, paid
and invested in the manner stipulated and
agreed upon in the following articles. But
as a question has arisen between the com
missioners and the Cherokees whether the
Senate in their resolution by which they ad
vised “ that a sum not exceeding five mill
ions of dollars be paid to the Cherokee In
dians for all their lands and possessions
east of the Mississippi river” have inclu
ded and made any allowance or considera
tion for claims for spoliations it is therefore
agreed on the part of the United States that
this question shall be again submitted to
the Senate for their consideration and de
cision and if no allowance was made for
spoliations that then an additional sum of
three hundred thousand dollars be allowed
for the same.
Art. 2. Whereas by the treaty of May
6th 1828 and the supplementary treaty
thereto of Feb. 14th, 1833 with the Cher
okees west of the Mississippi the United
States guarantied and secured to be con
veyed by patent, to the Cherokee nation of
Indians the following tract of country
“ Beginning at a point on the old western
territorial line of Arkansas Territory being
twenty-five miles north from the point
where the territorial mie crosses Arkansas
river, thence running from said north point
south on the said territorial line where the
said territorial line crossess Verdigris river;
thence down said Verdigris river to the Ar
kansas river; thence down said Arkansas
to a point where a stone is placed opposite
the east or lower bank of Grand river at
itsjunction with the Arkansas; thence run
ning south forty four degrees west one mile; |
thence in a straight line to a point four miles
northerly, from the mouth of the north I
fork of the Canadian ; thence along the
said four mile line to the Canadian ; thence
down the Canadian to the Arkansas ;
thence down the Arkansas to that point on
the Arkansas where the eastern Choctaw
boundary strikes said river and running
thence with the western line of Arkansas
Territory as now defined, to the southwest
corner of Missouri ; thence along the wes
tern Missouri line to the land assigned the
Senecas ; thence on the south line of the
Senecas to Grand river ; thence up said
Grand river as far as the south line of the
Osage reservations, extended if necessary ;
thence up and between said south Osage
line extended west if necessary and a line
drawn due west from the point of begin
ning to a certain distance west, at which a
line running north and south from said O
sage line to said due west line will make
seven millions of acres within the whole
described boundaries. In addition to the
I seven millions of acres of land thus provi
i ded for and bounded, the United States fur-
miiLEDGEVILLEb GEORGIA, TtJESDAY MORNING, JUNE 21, IS3«.
ther guaranty to the Cherokee nation a per
petual outlet west, and a free and unmolest
ed use of all the country w est of the wes
tern boundary of said seven millions of a
cres, as far west as the sovereignty of the
United States and their right of soil ex
tend :
Provided however, That if the saline or
salt plain on the western prairie shall fall
within said limits prescribed for said outlet,
the right is reserved to the United States
to permit other tribes of red men to get salt
on said plain in common with the Chero
kees ; And letters patent shall be issued
by the United States as soon as practica
ble for the land hereby guarantied”
Aiid whereas it is apprehended by the
Cherokees that in the above cession there
is not contained a sufficient quantity ofland
for the accommodation of the whole nation
on their removal west of the Mississippi, the
United States in consideration of the sum
of five hundred thousand dollars therefore
hereby convenant and agree to convey
to the said Indians, and their decendants by
patent, in fee simple the following addition
al tract of land situated between the west
line of the State of Missouri and the Os
age reservation beginning at the southest
corner of the same and runs north along the
east line of the Osage lands fifty miles to
the northest corner thereof; and thence east
to the west line of the State of Missouri;
thence with said line south fifty miles; thence
west to the place of beginning; estimated
to contain eight hundred thousand acres of
land; but it is expressly understood that if
any of the lauds assigned the Quapaws shall
fall within the aforesaid bounds the same
shall be reserved and excepted out of the
lands above granted and a pro rata reduc
tion shall be made in the price to be allow
ed to the United States lor the same by the
Cherokees.
Art. 3. The United States also agree
that the lands above ceded by the treaty of
Feb. 141833, including the outlet, and those
ceded by this treaty shall all be included in
one patent executed to the Cherokee na
tion of Indians by the President of the
United States according to the provisions
of the act of May 28, 1830. It is, howe
ver, agreed that the military reservation at
Fort Gibson shall be held by the United
States. But should the United States
abandon said post and have no further use
for the same it shall revert to the Cherokee
nation. The United States shall always
have the right to make and establish such
post and military roads and forts in any
part of the Cherokee country, as they may
deem proper for the interest and protection
of the same and the free use of as much
land, timber, fuel and materials of all kinds
for the construction and support of the
same as may be necessary; provided that
if the private rights of individuals are inter
fered with, a just compensation therefor
shall be made.
Art. 4. The United States also stipulate
and agree to extinguish for the benefit of
the Cherokees the titles to the reservations
within their country made in the Osage
treaty of 1825 in certain half-breeds and
for this purpose they hereby agree to pay
to the persons to whom the same belong or
have been assigned or to their agents or
guardians whenever they shall execute, af
ter the ratification of this treaty a satisfac
tory conveyance for the same, to theUnitcd
States, the sum of fifteen thousand dollars
according to a schedule accompanying this
treaty of the relative value of the several
reservations.
And whereas by the several treaties be
tween the United States and the Osage In
dians the Union and Harmony Missionary
reservations which were established for their
benefit are now situated within the country
ceded by them to the United States; the for
mer being situated in the Cherokee countiy
and the latter in the State of Missouri. It
is, therefore agreed that the United States
shall pay the American Board of Commis
sioners for Foreign Missions for the im
provements on the same’wbat they shall be
appraised at by Capt. Geo. V ashon Chero
kee sub-agent Abraham Redfield and A.
P. Chouteau or such persons as the Presi
dent of the United States shall appoint and
the money allowed for the same shall be ex
pended in schools among the Osages and
improving their condition. It is under
stood that the United States are to pay the
amount allowed for the reservations in this
article and not the Cherokees.
Art. 5. The United States hereby co
venant and agree that the lands ceded to
the Cherokee nation in the foregoing arti
cle shall, in no future time without their
consent, be included within the territorial
limits or jurisdiction of any State or Ter
ritory. But they shall secure to the Cher
okee nation the right by their national coun
cils to make and carry into effect all such
laws as they may deem necessary for the
government and protection of the persons
I and property within their own country be
longing to their people or such persons as
1 have connected themselves with them : pro
i vided always that they shall not be incon
sistent with the constitution of the United
States and such acts of Congress as have
been or may be passed regulating trade and
intercourse withe Indians ; and also, that
they shall not be considered as extending to
such citizens and army of the United States
as may travel or reside in the Indian coun
try by permission according to the laws
and regulations established by the Govern
ment of the same.
Art. 6. Perpetual peace and friendship
shall exist between the citizens of the Uni
ted Stales and the Cherokee Indians. The
United States agree to protect the Cheokee
nation from domestic strife and foreign en
emies and against intestine wars between
the several tribes. The Cherokees shall
endeavor to preserve and maintain thepeaee
of the country and not make war upon
their neighbors, they shall also be protected
against interruption and intrusion from cit
izens of the United States, who may at
! tempt to settle in the country without their
(htr Conscience-’— Ott r Country—if nr Ifurttj.
consent; and all such persons shall be re
moved from the same by order of the Pres
ident of the United States. But this is not
intended to prevent the residence among
them ofmefu! farmers mechanics and teach
ers for the instruction oi Indians according
to treaty stipulations.
Art. 7. The Cherokee nation having al
ready made great progress in civilization
and dfieming it important that every prop
er and laudable inducement should be of
fered to their people to improve their con
dition as w'ell as to guard and secure in
the most ell’ectual manner the rights guar
antied to them in this treaty, and with a
view' to illustrate the liberal and etdarged
policy of the Government pf the United
States towards tfflTTndians in tbvir removal
beyond the territorial limits of the States, it
is stipulated that they shall be entitled to
a delegate in the House of Representatives
of the United States whenever Congress
shall make provision for the same.
Art. 8. The United Stales also agree
and stipulate to remove the Cherokees to
t teir new hom*‘s and to subsist them one
year after their arrival there and that a suf
ficient number of steamboats and baggage
wagons shall be furnished to remove them
comfortably, and so as not to endanger
their health, and that a physician well sup
plied with medicines shall accompany each
detachment oi emigrants removed by the
Government. Such persons and families
as, in the opinion ol the emigrating agent
are capable oi subsisting and removing*
themselves shall be permitted to do so; and
they shall be allowed in full for all claims
for the same twenty dollars for each mem
ber of their family ; and in lieu of their
oneyear’s rations they shall be paid the sum
of thirty-three dollars and thirty-three cents
if they prefer it.
Such Chorokees also as reside at pre
sent out ot the nation and shall remove with
them in two years west of the Mississippi
shall be entitled to allowance for removal
and subsistence as above provided.
Art. 9. I he United States agree to ap
point suitable agents who shall make a just
and fair valuation ol all such improvements
now in the possession ol the Cherokees as
add any value to the lands; and also of the
ferries owened by them, according to their
nett income; and such improvements and
ferries from which they have been dispos
sessed in a lawless manner or under any ex
isting law’s of the State where the same may
be situated.
The just debts of the Indians shall be
paid out of any moneys duethem lor their
improvements and claims; and they shall
also be furnished at the discretion of the
President of the United States with a suf
ficient sum to enable them to obtain the ne
cessary means to remove themselves to their
new' homes, and the balance of their dues
shall be paid them at the Cherokee agen
cy west of the Mississippi. The mission
ary establishments shall also be valued and
appraised in a like manner and the amount
of them paid over by the United States to
the treasurers of the respective missionary
societies by whom they have been establish
ed and improved in order to enable them to
erect such buildings and make such improve
ments among the Cherokees west of the
Mississippi as they may deem necessary for
their benefit. Such teachers at present
among the .Cherokees as this council shall
select and designate shall be removed west
of the Mississippi with the Cherokee nation
and on the same terms allowed to them.
Art. 10. The President of the United
States shall invest in some safe and most
productive public stocks of the country for
the benefit of the whole Cherokee nation
who have removed or shall remove to the
lands assigned by this treaty to the Chero
kee nation west of the Mississippi the fol
lowing sums as a permanent fund for the
purposes hereinafter specified and pay over
the nett income ofthe same annually to such
person or persons as shall be authorized or
appointed by the Cherokee nation to receive
the same and their receipt shall be a full
discharge for the amount paid to them viz:
the sum of two hundred thousand dollars in
addition to the present annuities of the na
tion to constitute a general fund the inter
est of which shall be applied annually by
the council of the nation to such purposes as
they may deem best for the general interest
of their people. The sum of fifty thousand
dollars to constitute an orphans’ fund the an
nual income of which shall be expended to
wards the support and education of such
orphan child as are destitute of the means of
subsistence. The sum of one hundred and
fifty thousand dollars in addition to the pres
ent school fund ofthe nation sh-all consti
tute a permament school fund, the interest
ot which shall be applied annually by the
council of the nation for the support of com
mon schools and such a literary institution of
a higher order as may be established in the
Indian country. And in order to secure as
far as possible the true and beneficial ap
plication of the orphans’ and schoool fund
the council ofthe Cherokee nation when
required by the President of the United
States shall make a report of the applica
tion of those funds and he shall at all limes,
have the right if the funds have been misap
plied to correct any abuses of them and
direct the manner of their application for
the purposes for which they were intended.
The council ofthe nation may by giving
two years’ noticeof their intention withdraw
their funds by and with the consent ofthe
President and Senate of the United States,
and invest them in such manner as they may
deem most proper for their interest. The
United States also agree and stipulate to pay
the just debts aud claims against the Chero
kee nation held by the citizens ofthe same
and also the just claims of citizens of the
United States for services rendered to the
nation and the sum of sixty thousand dol
lars is appropriated for this purpose but no
claims against individual persons of the
nation shall be allowed and paid by the na
tion. The sum of three hundred thou
sand dollars is here by set apart to pay and
liquidate the just claims of the Cherokee
upon the United States for spoliations of
every kind, that have not been already sa-“
isfyed under former treaties.
Art. 11. The Cherokee nation of In
dians believeing it will be for the interests
of their people to have all their funds and
annuities under their own direction and fu
ture disposition hereby agree to commute
their permanent annuity of ten jhousand
dollars for the sum of two hundred and four
teen thousand dollars, the same to be inves
t’d by the President ofthe United States as
a part ofthe general fund ofthe nation ; and
their present school fund amounting to a
bout fifty thousand dollars shall constitute a
part of the permanent school fund ofthe; na
tion. &
Art. 12. Those individuals and families
ofthe Cherokee nation that are averse to a
removal to the Cherokee country west of
the Mississippi and are desireous to be
come citizens of the Slates were they reside
and such as are qualified to take care of
themselves and their property shall be enti
tled to receive their due portion of all the
personal benefits accruiu" under this treaty
for their claims, improvements and per ca
pita ; as soon as an appropriation is made
for this treaty.
Such beads of Cherokee families as are
desireous to reside within the States of
North Carolina Tennessee and Alabama
subject to the laws of the same; and who |
are qualified or calculated to become useful
citizens shall be entitled, on the certificate
ofthe commissioners to a pre-emption right
to one hundred and sixty acresof land or one
quarter section at jthe minimum Congress
price: so as to include the present buildings
or improvements of those who now reside
there and such as do not there at present shall
be permitted to locate within two years any
lauds not already occupied by persons en
titled to pre-emption privilege under this
treaty and if two or more families live on
the same quarter section and they desire to
continue their residence in these States and
are qualified as above specified they shall,
on receiving their pre-emption certificate
be entitled to the rights of pre-emption to
such lands as they may select not already
taken by any person entitled to them under
this treaty.
It is stipulated and agreed beteen the
United States and the Cherokee people that
John Ross James Starr George Hicks John
Gunter George Chambers John Ridge Elias
Boudinot George Sanders John Martin
William Rogers Roman Nose Situwakeand
John Timpson shall be a committee onthe
par ofthe Cherokees to recommend such per
sons for the privilege of pre-emption rights
as may be deemed entitled to the same un
der the above articles and to select the mis
sionaries who shall be removed with the na
tion ; and that they be hereby full empower
ed and authorized to transact all business
on the part of the Indians which may arise
in carrying into effect the provisions ol this
treaty and settling the same with the United
States. If any of the persons above men
tioned should decline acting or be removed
by death : the vacancies shall be filled by
the committee themselves.
It is also understood and agreed that the
sum of one hundred thousand dollars shall
be expended by the commissioners in such
manner as the committee deem best for the
benefit of the poorer class of Cherokee as
shall remove w est or have removed west and
are entitled to the benefits of this treaty.
The same to be delivered at the Cherokee
agency west as soon after the removal of
the nation as possible.
Art. 13. In order to make a final set
tlement of all the claims ofthe Cherokee
for reservation granted under former trea
ties to any individuals belonging to the na
tion by the United States it is therefore
hereby stipulated and agreed and expressly
understood by the parties to this treaty —
that all the Cherokees and thew heirs and
descendants to whom any reservations have
been made under any former treaties with
the United States, and who have not sold
or conveyed the same by deed or otherwise
and who in the opinion of the commisioners
have complied with the terms on which the
reservations were granted as far as practi
cable in the several-cases; and w hich res
ervations have since been sold by the Uni
ted Slates shall constitute a just claim
agaimt the United States and the original
reservee or their heirs or descendants shall
be entitled to receive the present value there
of from the United States as unimproved
lands. And all such reservations as have
not been sold by the United States and
where the terms on which the reservations
were made in the opinion of the commis
sioners have been complied with as far as
practicable, they or their heirs or descen
dants shall be entitled to the same. They
are hereby granted and confirmed to them
—and also all persons who were entitled to
reservations under the treaty of 1817 and
who as far as practicable in the opinion of
the have complied with the
stipulations of said treaty ; although by the
treaty of 1819 such reservations were inclu
ded in the unceded lands belonging to the
Cherokee nation are hereby confirmed to
them and they shall be entitled to receive a
grant for the same. Ami all such reservees as |
were obliged by the laws ol the States in ■
which their reservations were situated, to
Abandon the same or purchase them from
the State shall be deemed to have a just
claim against the United States for the a
mount by them paid to the States with in
terest thereon for such reservations, and if
obliged to abandon the same, to the present [
value of such reservations as unimproved
lands but in all cases where the reservees
have sold their reservations or any part
thereof and conveyed the same by deed or
otherwise and have been paid lor the same,
they their heirs or descendants or their as
signs shall not be considered as having anv
claims upon the United States under this
articlej of the treaty nor be entitled to re
ceive any compensation for the lands thus
disposed ot. It is expressly understood by
the parties to this treaty that the amount to
be allowed for reservations tinder this arti
cle shall not be deducted out of the consid
eration nmiiey allowed to the Cherokees for
their claims for spoliations and the cession
of their lands ; but the same is to be paid for
independan.ly by the United States as it is
only a just fulfilment of former treaty stip
ulations.
ArT. 14. It is alson agreed on the part
of the United Stales that such warriors of
the Cherokee nationo as were engaged on
the side of the United States in the late war
with Great Brittan and the southern tribes
of Indians, and who were wounded in such
service shall be entitled to such pension’s as
shall be allowed them by Congress of the
United States to commence from the period
of their disability.
Art. 15. It is expressly understood and
agreed between the parties to this treaty
that after deducting the amount which shall
be actually ex| ended for the payment for
improvements, ferries, claims, for spolia
tions, removal subsistence and debts and
claims upon the Cherokee nation and forthe
additional quantity of lands and goods for
the poorer class of Cherokees and the sev
eral sums to be invested forthe general na
tional funds ; provided for in the several
articles of this treaty the balance whatever
the same may be shall be equally divided
between all the people belonging to the
Cherokee nation east according. to the cen
sus just completed; and such Cherokees as
have removed west since June 1833 who
are entitled by the terms of their enrolment
and removal to all the benefits resulting from
the final treaty between the United States
and the Cherokees east they shall also be
paid for their Improvements according to
their approved value before their removal
where fraud has not already been shown in
their valuation.
Art. 16. It is hereby stipulated’ and a
greed by the Cherokees that they shall re
move to their new homes within two years
from the ratification of this treaty, and that
during such time the United Stases shall
protect and defend them in their possessions
and property and free use and occupation
of the same, and such persons as have been ;
dispossessed of their improvements and '
houses ; and for which no grant lias aetti- |
tually issued previously to the enactment
ofthe law of the State of Georgia-, of De
cember 1835 to regulate Indian occupancy
shall be again put «> possession and placed
in the same situation and condition : in re
ference to the laws ofthe State of Georgia
as the Indians that have not been dispos
sessed; and if this is not dome; and the
people are left unprotected ; then the Uni
ted States shall pay the several Cherokees
for the losses arid damages sustained b.y
them in consequence thereof. And it is al
so stipulated and agreed that the public
buildings and improvements on which they
are situated al New Echota for which no
grant has been actually made previous to
the passage of the above recited act; if not
occupied by the Cherokee people shall be
reserved for the public and free use of the
United States and lite Cherokee Indians,
for the purpose of settling and closing all
the Indian business aTising tinder this trea
ty, between the Commissioners of claims and
the Indians.
The United States, and the several
States interested in the Cherokee lands ;
shall immediately proceed to survey the
lands ceded by this treaty ; but it is ex
pressly agreed and understood between the
parties that the agency buildings and that
tract of land surveyed and laid off for the
use of Colonel R. J. Meigs, Indian Agent
or heretofore enjoyed and occupied by his
successors in office shall continue subject
to the use and occupancy ofthe United
States, or such agent as may be engaged
specially superintending the removal of the
tribe.
ArTiCle 17. All the claims arising un
der or provided for in the several articles
of this treaty, shall be examined and adju
dicated by Gen. Win. Carroll and John F.
Schermerhorn o’r by such commissioners
as shall he appointed by the President of
the United States forjthat purpose and their
decision shall befinal and on their certificate
of the amount due the several claimants they
shall be paid by the United States. All
stipulations in former treaties which have
not been superseded or annulled by this
shall continue in full force and virtue.
Article IS. Whereas in consequence
of the unsettled aflairs of the Cherokee peo
ple &. the early frosts their Crops are insuffi
cient to support their families and great dis
tress is likely to ensue and whereas the na
tion will not until after their removal be
able advantageously to expend the income
of the permanent funds es the nation it is
therefore agreed that the annuities of the na
tion which may accrue under this treaty for
two years ,the time fixed for their removal
shall be expended in provisions and clothing
for the benefit of the poorer class of the
nation ; and the United States herebv agree
to advance the same for thatpurpose fts soon
after the ratification of this treaty as an ap
propriation forthe same shall be g made. It is
however not intended in this article to in
terfere with that part of the annuities due
the Cherokees west by the treaty of' 1819.
Art. 19. This treaty after the sane
shall be ratified by the President and Senate
oi the United States shall be obligatory oh
the contracting parties.
In testimony w hereof the commissioners
and the chiefs head men and people whose
names are hereunto annexed being duly
■authorized by the people in general council
assembled have affixed their hands ami seals ,
for themseves and in behalf ofthe Creek na- I
tion.
I havcexamined the foregoing treaty and
although not present when it was made, I !
approve its provisions generally and there- i
fore sign it.
Win. Carroll, [ t,. s.l ■
J. F. Schermerhon, ji,. s.jj
Major Ridge, his. x mark, [i..
James Fos’yr, his x mark, ts. |‘|
PUBLJSHtEJj 14V F. 1.. I.OIHAmhN,
WS2OL.IK NO.
Tesa-ta-esky, his X mark,
C'harles Moore, his X mark, ’l> fcf
George Chamber*, his x mark, l. -8*
J. ah-yeske, his x mark, j„ t-
Archilla Smith, his x mark, l,
Andrew Ross, Y,
William Lassley, 8-1
Cae-te-hee, his x mark,
Te-ga!,-e-ske, his x mark, g.J
Robert Rogers, G. K .J
John Gunter, S ,J
John A. Bell, j ir s I
Charles F. Foreman, i„ gj
William Rogers. . = L . K .J
George W. Adair, ’l.
Elias Boudinot, f, S J
James Starr, his X mark, ’l. s.J
J*-^ 0 Half-br. ed, hisX mark, l. S.]
Signed and sealed in presence of
IV estern B. Thomas, Sccr'y.
Ben. F. Currey, Special Agent.
M. Wole Bateman, \stLt.\ith U.S.
A. inf,, Disbg Agent.
Jno. L. Hooper, £,#. 4//t inf.
C. M. Hitchcock M. D. Assist. Surw.
U. S. A. b
G. W. CuttREY,
Wai. 11. Underwood.
Cornelius D. Terhune.
John W. H. Underwood.
In compliance with instructions of the
council at New Echota we sign this treaty.
STAND WATIE,
JOHN RIDGE,
March 1, 1836.
Witnesses t
: Elbert Herring,
Alexander H. Everett,
John Robb,
D. Km tz,
Wm. Y. Hansell,
Samuel J. Potts,
Jno. Little,
S.'Rockwell,
The following article was adopted as a
supplemental article to the treaty by a unan
imous vote of the committe and ordered to
be attached to and considered as part ofthis
treaty.
Art. 20. The United States do also here
by g aranty the payment of all unpaid ju>t
' claims upon the Indians, without expense
> to them, out of the proper funds ofthe U
nited States, for the settlement of which a
; cession or cessions of land has or have hecn
heretofore made by the Indians, in Geor
gia. Pro vid al the United Slates or the
State of Georgia has derived benefit from
I the said cession or cessions ofland without
i having made payment to the Indians then
fore. It is hereby however further agreed
and understood that if the Senate of th •
. United States disapprove of this article it
r may be rejected without imparing any oth
er provisions of this-treaty, or affecting the
Indians in any manner whatever.
A. McCOY, Clerk Committee.
} W. R- THOMAS, Secr'y.
, In compliance with the unanimous re
, quest of the committee of the Cherokee na
, tion in general council assembled it is con
, j seated <ind agreed by the commissioner on
> the part of the United States that the fore
i i going shall be added as suplemental article
j to the treaty under the express condition and
i stipulation lljm if the President or Senate
■ o! the United Slates disapprove ofthis r:r
--i tide it may be rijected without impairing
. any other provision of ibis treaty, or affec.-
. ing the Indians in any manner wh itever.
J. F. SCHERMERHORN.
Whereas the w estern Cherokees have ap
l I pointed a delegation to visit the eastern
■ Cherokees to assure them of the friendly
i disposition of their people and their desire
; that the nation should again be united as
l one people and to urge upon them the <x-
I pedieucy of accepting the overtures of the
I Government; and that, on their removal
■ they may be assured of a hearty welccm
and an equal participation with them in all
■ the benefits and privileges of the Cherokee
; country west, rind the undersigned two of
■ said delegation being the only delegats in
the eastern nation from the west at thesign-
- ing and sealing of the treaty lately conclmi-
I :cd at New Echota between their eastern
■ brethren and the United States ; and ha\ ing
: fully understood the provisions of the same
' they agree to it in behalf of the western
I Cherokees. But it is expressly understood
■ that nothing in this treaty shall effect any
s claims ofthe western Cherokee on trie U-
ifited States,
■ In testimony whereof, we have, this 31 st.
■ day of December, 1835, hereunto set our
hands and seals.
JAMES ROGERS, [l. s.J
JOHN x SMITH, [u
■ mark.
; Delegates from the western Cherokees.,
Test:
■ Ben. F. Carrey,
Special Agent.
, M. W. Bateman,
■ First Lieut. Gth infantry.,
■ Jno. L. Hooper.
i Lieut, 4lh inly.
■ I E.ias Bomidinot.
• I Schedule and estimated value of the Osage
; half-breed reservations within the terri
| (ory ceded to the Cherokees west of the
Mississippi, (referred to in article 5 ofthe
foregoing treaty,) viz :
; Augustus Clarmont one section
[James “ “ - I.QOQ
i Paid “ “ - J,OOO
Henry “ “ •. 80t
: Anthony “ « o x 1,801
Rosalie “ ex - J,BOC
[Emilia D, ofMihawga H *-‘-t -. I.OOC
! Emilia I), of S.bciui.gi.igyi, 1,300
§15,00(
I heivKy certify t.kat tiie H’huduh
i is the ♦wtimated value of the vrsc.
! Vittums as n.ijMle out and and agreed »tpc>
wi.ih Colonel A. P. Chouteau vUu repre
seuted himself as the agent or oi
the above reservees. Marek 14,
j J. F.