INDIAN- AFFAIRS.
LAWS
AN-D
TREATIES.
V,:-1.
II.
(TREATIES.)
COMPILED AND
EDITED
.,BY
CHARLES
J.
KAPPLER,
LL. M.,
CLERK
TO
THE
SENATE
COMMITTEE
ON
INDIAN
AFFAIRS.
WASHINGTON:
GOVERNMENT
PRINTING
OFFICE.
1904.
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Guidelines and tips
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community
Ask the community for help and clear up your study doubts
University Rankings
Discover the best universities in your country according to Docsity users
Free resources
Our save-the-student-ebooks!
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
TREATY WITH THE CHEROKEE, 1835. Articles of a treaty, concluded at New Echota in the State of Georqia on the 2.9th day of Deer. 1835 by General William ...
Typology: Study notes
2021/2022
1 / 12
This page cannot be seen from the preview
Don't miss anything!
Partial preview of the text
Download Treaty-of-New-Echota-1835.pdf and more Study notes Printing in PDF only on Docsity!
INDIAN- AFFAIRS.
LAWS AN-D TREATIES.
V,:-1. II.
(TREATIES.)
COMPILED AND EDITED .,BY
CHARLES J. KAPPLER, LL. M.,
CLERK TO THE SENATE COMMITTEE ON INDIAN AFFAIRS.
WASHINGTON:
GOVERNMENT PRINTING OFFICE.
TREATY ยท WITH THE CHEROKEE, 1835. 439
In presence of~
R. B. Mason, major of dragoons, G. Birch, major, U. S. Army, Francis Lee, captain, Seventh Infantry, Samuel G. I. DeCamp, surgeon, W. Seawdl, lieutenant and aid de camp; secretary to the commissioners, Thomas B. Ballard,
Augustine A. Chouteau, .John Hambly, United States interpreter to the Creeks, George Herron, Leonard C. McPhail, assistant surgeon, U.S. Army, Robert M. French.
! TREATY WITH THE CHEROKEE, 1835.
Articles of a treaty, concluded at New Echota in the State of Georqia on the 2.9th day of Deer. 1835 by General William Carroll and John
F.. DCnermer,wrn commissioners on tne^ a^ z^ z^ โข^ โข^ z^ part (!,f tne z^ uniteTT^ โข^ d S tates and
the Chiefs Iยฃead Men and People of the Oherolcee tribe of Indians.
WHEREAS the Cherokees are anxious to make some arrangements with the Government of the United States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated and adjusted; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the ter ritorial limifa of the State sovereignties, and where they can establish and enjoy a government of their choice and perpetuate such a state of society as may be most consonant with their views, habits and condi tion; and as may tend to their individual comfort and their advance ment in civilization. And whereas a delegation of the Cherokee nation composed of Messrs. John Ross Richard Taylor Danl. McCoy Samuel Gunter and William Rogers with full power and authority to conclude a treaty with the United States did on the 28th day of February 1835 stipulate
and agree with the Government of the United States to submit to the
Senate to fix the amount which should be allowed the Cherokees for their claims and for a cession of their lands east of the Mississippi river, and did agree to abide by the award of the Senate of the United States themselves and to recommend the same to their people for their final determination. And whereas on such submission the Senate advised "that a sum not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river." And whereas this delegation after said award of the Senate had been made, were called upon to submit propositions as to its disposition to be arranged in a treaty which they refused to do, but insisted that the same "should be referred to their nation and there in general council to deliberate and determine on the subject in order to ensure harmony and good feeling among themselves." And whereas a certain other delegation composed of ,John Ridge Elias Boudinot Archilla Smith S. W. Bell John West Wm. A. Davis and E~ekiel West, who represented that portion of the nation in favor of emigration to the Cherokee country west of the Mississippi entered into propositions for a treaty with John F. Schermerhorn commis sioner on the part of the United States -which were to be submitted to their nation for their final action and determination: And whereas the Cherokee people, at their last October council at Red Clay, fully authorized and empowered a delegation or committee of twenty persons of their nation to enter into and conclude a treaty with the United States commissioner then present, at that place or else where and as the people had good reason to believe that a treaty would
_ Dec. 29 โข^1 ~-~ (^7) stat., 478ยท 23, 1836.Proclamation 'May
Preamble
TREATY WITH 'l'HE CHEROKEE, 1835. 441
the territorial line crosses Arkansas river, thence running from said north point south on the said territorial line where the said territorial line crosses Verdigris river; thence down said Verdigris river to the Arkansas river; thence down said Arkansas to a point where a stone is placed opposite the east or lower bank of Grand river at its junction with the Arkansas; thence running south forty-four degrees west one mile; thence in a straight line to a point four miles northerly, from the mouth of the north fork of the Canadian; thence along the said four mile line to the Canadian; thence down the Canadian to the Arkansas; thence down the Arkansas to that point on the Arkansas where the eastern Choctaw boundary strikes said river and running thence with the western line of Arkansas Territory as now defined, to the southwest corner of Missouri; thence along the western Missouri line to the land assigned the Senecas; thence on the south line of the Senecas to Grand river; thence up said Grand river as far as the south line of the Osage reservation, extended if necessary; thence up and between said south Osage line extended west if necessary, and a line drawn due west from the point of beginning to a certain distance wetit, at which a line run ning north and. south from said Osage line to said due west line will make seven millions of acres within the whole described bounda ries. In addition to the seven millions of acres of land thus provided for and bounded, the United States further guaranty to the Cherokee nation a perpetual outlet west, and a free and unmolested use of all the country west of the western boundary of said seven millions of acres, as far west as the sovereignty of the United States and their right of soil extend: Provided however That if the saline or salt plain on the western Proviso. prairie shall fall within said limits prescribed for said outlet, the right is reserved to the United States to permit other tribes of red men to get salt on said plain in common with the Cherokees; And letters pat ent shall be issued by the United States as soon as practicable for the land hereby guarantied." And whereas it is apprehended bv the Cherokees that in the above Additional land cess1on^ ยท^ th. ere ยท1s^ not contameยท^ d^ a su ยทm^ cient.^ quantity.^ o f^ l^ an d^ f^ or t h^ e conveyedtion, etc.^ to^ the^ na accommodation of the whole nation on their removal west of the Mis sissippi the United States in consideration of the sum of five hundred thousand dollars therefore hereby covenant and agree to convey to the said Indians, and their descendants by patent, in fee simple the fol lowing additional tract of land situated between the west line of the State of Missouri and. the Osage reservation beginning at the southeast corner of the same and runs north along the east line of the Osage
lands fifty miles to the northeast comer thereof; and thence east to
the west line of the State of Missouri; thence with said line south fifty miles; thence west to the place of beginning; estimated to contain eight hundred thousand acres of land; but it is expressly understood that if any of the lands assigned the Quapaws shal fall within the aforesaid bounds the same shall be reserved and excepted out of the lands above granted and a pro rata reduction shall be made in the price to be allowed to the United States for the same by the Cherokees. ARTICLE 3. The United States. also agree that the lands above ceded Fur th^ er agreement. 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 nation of Indians by the President of the United States according to the provisions of the act of May 28 1830. It is, however, agreed that 1s30, ch.148. 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 Right to establish post and military roads and forts in any part of the Cherokee country,. forts, etc. as they may deem proper for the interest and protection of the same
arrd the free use of as much land, timber, fuel and materials of all kinds for the construction and support of the same as may be necessary; provided that if the private rights of individuals are interfered with, a ju,:t compensation therefor shall be made. ยท Osage titles to reser- ARTICLE 4. The United States also stipulate and agree to extinguish
;~l~~~:t to J:>e extin- for the benefit of the Cherokees the titles to the reservations within
their country made in the Osage treaty of 1825 to certain half-breeds and for this purpose they hereby agree to pay to the persons to whom the same belong or have been assigned or to their agents or guardians whenever they shall execute after the ratification of this treaty a satis factory conveyance for the same, to the United States, the sum of fif teen thousand dollars according to a schedule accompanying this treaty of the relative value of the several reservations. Missionary reserva- And whereas by the several treaties between the United States and
tionstoJ:>epaid for. t h e O sage I n 1ans td" h e U mon' and H armony M". 1ss10nary reservat10ns ยท ยท
which were established for their benefit are now situated within the country ceded by them to the United States; the former being situated
in the Cherokee country and the latter in the State of Missouri. It is
therefore agreed that the United States shall pay the American Board of Commissioners for Foreign Missions for the improvements on the same what they shall be appraised at by Capt. Geo. Vashon Cherokee sub-agent Abraham Redfield and A. P. Chouteau or such persons as the President of the United States shall appoint and the money allowed for the same shall be expended in schools among the Osages and
improving their condition. It is understood that the United States
are to pay the amount allowed for the reservations in this article and not the Cherokees. Lands permanently ARTICLE 5. The United States hereby covenant and agree that the ceded to the nation. lands ceded to the Cherokee nation in the forgoing article shall, in no future time without their consent, be included within the territorial limits or jurisdiction of any State or Territory. But they shall secure to the Cherokee nation the right by their national councils to make and carry into effect all such laws as they may deem necessary for the government and protection of the persons and property within their own country belonging' to their people or such persons as have con nected themselves with them: provided always that they shall not be inconsistent with the constitution of the United States and such acts of Congress as have been or may be passed regulating trade and inter course with the 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 country by permission according to the laws and regulations established by the Government of the same. Peace to be pre- ARTICLE 6. Perpetual peace and friendship shall exist between the served. citizens of the United States and the Cherokee Indians. The United States agree to protect the Cherokee nation from domestic strife and foreign enemies and against intestine wars between the several tribes. The Cherokees shall endeavor to preserve and maintain the peace of the country and not make war upon their neighbors they shall also be protected against interruption and intrusion from citizens of the United States, who may attempt to settle in the country without their consent; and all such persons shall be removed from the same by order of the President o"f the United States. But this is not intended to prevent the residence among them of useful farmers mechanics and teachers for the instruction of Indians according to treaty stipulations. Congre!l3 may allow ARTICLE 7. The Cherokee nation having already made great progress
aCherokee delegate nation. from the 1n, c1v1โข โข 1 1zat10n.. an.d d eemmgโข โข 1t 1mportan , t th at every proper and l aud a ble
inducement Ehould be offered to their people to improve their condition as well as to guard and secure in the most effectual manner the rights guarantied to them in this treaty, and with a view to illustrate the liberal and enlarged policy of the Government of the United States towards
common schools and such a literary institution of a higher order as may be established in the Indian country. And in order to secure as far as possible the true and beneficial application of the orphans' and school fund the council of the Cherokee nation when required by the President of the United States shall make a report of the application of those funds and he shall at all times have the right if t.he funds have been misapplied to correct any abuses of them and direct the manner of their application for the purposes for which they were intended. The council of the nation may by giving two years' notice of their intention with draw their funds by and with the consent of the President and Senate of the United States, and invest them in such manner as they may deem most proper for their interest. The United States also agree and stipu late to pay the just debts and claims against the Cherokee nation held by the citizens of the same and also the just claims of citizens of the United States for services rendered to the nation and the sum of sixty thousand dollars is appropriated for this purpose but no claims against individual persons of the nation shall be allowed and paid by the nation The sum of three hundred thousand dollars is hereby set apart to pay and liquidate the just claims of the Cherokees upon the United States for spoliations of every kind, that have not been already satisfied under former treaties. commutation of ARTICLE 11. The Cherokee nation of Indians believing it will be for school fu nd^ ยท the interest of their people to have all their funds and annuities under their own direction and future disposition hereby agree to commute their permanent annuity of ten thousand dollars for the sum of two hundred and fourteen thousand dollars, the same to be invested by the President of the United States as a part of the general fund of the nation; and their present school fund amounting to about fifty thou sand dollars shall constitute a part of the permanent school fund of the nation. ยท Provisionrespecting ARTICLE 12. Those individuals and families of the Cherokee nation
sissippi and are desirous to become citizens of the States where they reside and such as are qualified to take care of themselves and their property shall be entitled to receive their due portion of all the per sonal benefits accruing under this treaty for their claims, improvements and _per capitaj_ as soon as an appropriation is made for this treaty. Such beads of Cherokee families as are desirous to reside within the States of No. Carolina Tennessee and Alabama subject to the laws of the same; and who are qualified or calculated to become useful citizens shall be entitled, on the certific'.1te of the commissioners to a pre emption right to one hundred and sixty acres of land or one quarter section at the minimum Congress price; so as to include the present buildings or improvements of those who now reside there and such as do not live there at present shall be permitted to locate within tw:o years any lands not already occupied by persons entitled to pre-emption privilege under this treaty and if two or more families live on the same quarter section and they desire to continue their residence in these States and are qualified as above specified they shall, on receiving their pre-emption certificate be entitled to the right of pre-emption to such lands as they may selr,ct not already taken by any person entitled to them under this treaty. It is stipulated and agreed between the United States and the Chero kee people that John Ross James Starr George Hicks John Gunter George Chambers John Ridge Elias Boudinot George Sanders John Martin William Rogers Roman Nose Situwake and John Timpson shall be a committee on the part of the Cherokees to recommend such persons for the privilege of pre-emption rights as may be deemed entitled to the same under the above articles and to select the mission aries who shall be removed with the nation; and that they be hereby fully empowered and authorized to transact all business on the part of the Indians which may arise in carrying into effect the provisions of this treaty and settling the same with the United States. Iยฃ any of the persons above mentioned should decline acting or be removed by death; the vacancies shall be filled by the committee themselves. It is also understood and agreed that the sum of one hundred thou sand dollars shall be expended by the commissioners in such manner as the committee deem best for the benefit of the poorer class of Cherokees as shall remove west or have removed west and are entitled to the benefits of this treaty. The same to be delivered at the Chero kee agency west as soon after the removal of the nation as possible. ARTICLE 13. In order to make a final settlement of all the claims of settlementofclairns . d f. for former reserva the Cherokees for reservat10ns granted un er ormer treaties to any tions. individuals belonging to the nation by the United States it is therefore hereby stipulated and agreed and expressly understood by the parties to this treaty-that all the Cherokees and their heirs and de;;cendants to whom any reservations have been made under any former treaties with the United States, and who have not sold or conveyed the same by deed or otherwise and who in the opinion of the commissioners have complied with the terms on which the reservations were granted as far as practicable in the several cases; and which reservations have since been sold by the United States shall constitute a just claim agยทainst the United States and the original reservee or their heirs or descendants shall be entitled to receive the present value thereof from the United States as unimproved lands. And all such reservations as have not been sold by the United States and where the terms on which the reservations were made in the opinion of the commissionen, have been complied with as far as practicable, they or their heirs or descend ants shall be entitled to the same. They are hereby granted and con firmed to them-and also all persons who were entitled to reservations under the treaty of 1817 and who as far as practicable in the opinion of the commissioners, have complied with the stipulations of said treaty, although by the treaty of 1819 such reservations were included in the unceded lands belonging to the Cherokee nation are hereby confirmed to them and they shall be entitled to receive a grant for the same. And all such reservees as were obliged by the laws of the States in which their reservations were situated, to abandon the same or purchase them from the States shall be deemed to have a just claim against the United States for the amount by them paid to the States with interest thereon for such reservations and if obliged to abandon the same, to the present value of such reservations as unimproved lands but in all cases where the reservees have sold their reservations or any part thereof and conveyed the same by deed or otherwise and have been paid for the same, they their heire or descendants or their assigns shall not be considered as having any claims upon the United States undet this article of the treaty nor be entitled to receive any compensation for the lands thus disposed of. It is expressly under stood by the parties to this treaty that the amount to be allowed for reservations under this article shall not be deducted out of the con sideration money allowed to the Cherokees for their claims for sporia tions and the cession of their lands; but the same is to be paid for independently by the United States as it is only a just fulfilment of former treaty stipulations. ARTICLE 14. It is also agreed on the part of the United States that PeJ?-sions to certain such warriors of the Cherokee nation as were engaged on the side of warriors. the United States in the late war with Great Britain and the southern tribes of Indians, and who were wounded in such service shall be entitled to such pensions as shall be allowed them by the Congress of the United States to commence from the period of their disability. treaty for two years, the time fixed for their removal shall be expep.ded in provision and clothin~ for the benefit of the poorer class of the nation: and the United States hereby agree to advance the same for that purpose as soon after the ratifiation of this treaty as an appropria ### tion for the same shall be made. It is however not intended in this article to interfere with that part of the annuities due. the Cherokees west by the treaty of 1819. ARTICLE 19. This treaty after the same shall be ratified by the Presi- Treaty binding dent and Senate of the United States shall be obligatory on the con- when ratified. tracting parties. ARTICLE 20. [Supplemental article. Stricken out by Senate.] In testimony whereof, the commissioners and the chiefs, head men, and people whose names are hereunto annexed, being duly authorized by the people in general council assembled, have affixed their hands and seals for themselves, and in behalf of the Cherokee nation. I have examined the foregoing t11eaty, and although not present when it was made, I approve its provisions generally, and therefore sign it. Wm. Carroll, ### J. F. Schermerhorn. Major Ridge, his x mark, [L. s.J Te-gah-e-ske, bis x mark, [L. s.J James Foster, his x mark, [L. s.J Robert Rogers, [L. s.J Tesa-ta-esky, his x mark, [L. s.J John Gunter, [L. s.J Charles Moore, his x mark, [L. s.J John A. Bell, George Chambers, his x mark, [L. s.J Charles F. Foreman, [L. s.J [L. s.] Tah-yeske, his x mark, [L. s.J William Rogers, Archilla Smith, his x mark, [L. s.J George W. Adair, [L. s.J [L. s.] Andrew Ross, [L. s.] Elias Boudinot, [L. s.J William Lassley, [L. s.] James Starr, his x mark, [L. s.J Cae-te-hee, his x mark, [L. s.J Jesse Half-breed, his x mark, [L. s.] Signed and sealed in presence of- Western B. Thomas, secretary. C. _M_ Hitchcock, _M._ D., assistant surgeon, Ben. F. Currey, special agent. U.S.A. _M._ Wolfe Batman, first lieutenant, sixth G. W. Currey, U. S. Infantry, disbursing agent. Wm. H. Underwood, Jon. L. Hooper, lieutenant, fourth Infan Cornelius D. Terhune, try. John W. H. Underwood. ### In compliance with instructiops of the council at New Echota, we sign this treaty. Stand W a tie, John Ridge. March 1, 1836. Witnesses: Elbert Herring, Wm.Y. Hansell, Alexander H. Everett, Samuel J. Potts, John Robb, Jno. Litle, D. Kurtz, S. Rockwell. vVhereas the western Cherokees have appointed a delegation to visit Dec. s1, 1ss.5. the eastern Cherokees to aRsure them of the friendly disposition of their 7 stat., 487. people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the signing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees. But it is expressly understood that nothing in this treaty shall affect anv claims of the western Cherokees on the CT nited States. ยท 448 TREATY WITH 'l'HE CHEROKEE, 1835. March 1, 1836. 7 Stat., 488. **Proclamation, May** 23, 1836. Preemption rights declared void. ### In testimony whereof, we have, this 31st day of December, 1835, hereunto set our hands and seals. James Rogers, John Smith. Delegates from the western Cherokee,;. **Test: Ben. F. Currey, special agent.** ยท **M. W. Batman, first lieutenant, Sixth Infantry, Jno. L. Hooper, lieutenant, Fourth Infantry, :Elias Boudinot.** ยท _Schedule and estimated val-ue of the Osage half-breed reservations within the ltrritor ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,_ ) _viz:_ ยท Augustus Clamont one section __________________________________________ $6, 000 James " " " _______________________________ ... __ .. __. _ 1 000 Paul -ยทยทยทยทยทยท--ยท--ยท----ยท-ยทยทยทยท -----------ยท --ยทยท--ยทยท 1;:ioo Henry ...... ___ ............ __________ .. ___ .. __. _ 800 Anthony ___. _......... _____________. ___ .. _. ____. __ 1, 800 Rosalie -ยท---ยทยทยทยทยทยทยทยทยทยทยทยท-----ยทยทยทยทยท--ยทยทยทยท---ยท----- 1, Emilia D, of Mihanga ___ .. _.. ____ ............ _____ .. ___ ...... _______. _ 1, 000 Emilia D, of Shemianga _.. _____. __ ...... _......... ___ ........ _. _.. __.. 1, 300 $15, 1 hereby certify that the above schedule is the estimated value of the Osage reser vations; as made out and agreed upon with Col. A. P. Choteau who represented himself as the agent or guardian of the above reservees. J. F. Schermerhorn. March 14, 1835. _Supplementary articles to rt treaty concluded at New Eclwta, Georqia, December fd9, 1835, between the United States and Cherokee people._ ## ยทwHEREAS the undersigned were authorized at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river. ### ARTICLE 1. It is therefore agreed that all the pre-emption rights and reservations provided for in articles 12 and 13 shall be and are hereby relinquished and declared void. ARTICLE 2. Whereas the Cherokee people have supposed that the sum of five millions of dollars fixed by the Senate in their resolution of -- day of March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, whichยท suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this sub ject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five millions of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just.