Standard of union. (Milledgeville, Ga.) 183?-18??, June 21, 1836, Image 1

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EDITED BY TIIO HAS HAYNES. ESQ. VOL. 111. NO. 23. §£>)tattbat& of ZBY '.e. 3fu UD BIWOTif, Publisher (Uy Authority,) of ike Laws of the knifed States: Office on Greene Street, nearly oppo site tile Market. Issued eveiy Tuesday morning, at $3 per annum. No subscription taken for less than a year, i •nd no paper discontinued, but at the option of tlx> publisher, until all arrearages are paid. Advertiseniests conspicuously inserted at the usual rates —those not limited when handed in, will bo inserted ’till forbid, and charged accord ingly. ! 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.