Treaty with The Cherokee
October 25, 1805
Articles of a treaty agreed upon between the United States
of America, by their commissioners Return J. Meigs and Daniel
Smith, appointed to hold conferences with the Cherokee Indians
for the purpose of arranging certain interesting matters with
the said Cherokees, of the one part, and the undersigned chiefs
and head men of the said nation, of the other part.
Article I.
All former treaties, which provide for the maintenance of
peace and preventing of crimes, are on this occasion recognized
and continued in force.
Article II.
The Cherokees quit claim and cede to the United States, all
the land which they have heretofore claimed, lying to the
north of the following boundary line: beginning at the mouth
of Duck river, running thence up the main stream of the same
to the junction of the fork, at the head of which fort Nash
stood, with the main south fork; thence a direct course to
a point on the Tennessee river bank opposite the mouth of
Hiwassa river. If the line from Hiwassa should leave out Field's
Settlement, it is to be marked round his improvement, and
then continued the straight course; thence up the middle of
the Tennessee river, (but leaving all the islands to the Cherokees,)
to the mouth of Clinch river; thence up the Clinch river to
the former boundary line agreed upon with the said Cherokees,
reserving at the same time to the use of the Cherokees a small
tract lying at and below the mouth of Clinch river; from the
mouth extending thence down the Tennessee river from the mouth
of Clinch to a notable rock on the north bank of the Tennessee
in view from South West Point; thence a course at right angles
with the river, to the Cumberland road: thence eastwardly
along the same, to the bank of Clinch river, so as to secure
the ferry landing to the Cherokees up to the first hill, and
down the same to the mouth thereof, together with two other
sections of one square mile each, one of which is at the foot
of Cumberland mountain, at and near the place where the turnpike
gate now stands; the other on the north bank of the Tennessee
river, where the Cherokee Talootiske now lives. And whereas,
from the present cession made by the Cherokees, and other
circumstances, the site of the garrisons at South West Point
and Tellico are become not the most convenient and suitable
places for said Indians, it may become expedient to remove
the said garrisons and factory to some more suitable place;
three other square miles are reserved for the particular disposal
of the United States on the north bank of the Tennessee, opposite
to and below the mouth of Hiwassa.
Article III.
In consideration of the above cession and relinquishment,
the United States agree to pay immediately three thousand
dollars in valuable merchandise, and eleven thousand dollars
within ninety days after the ratification of this treaty,
and also an annuity of three thousand dollars, the commencement
of which is this day. But so much of the said eleven thousand
dollars, as the said Cherokee may agree to accept in useful
articles of, and machines for, agriculture and manufactures,
shall be paid in those articles, at their option.
Article IV.
The citizens of the United States shall have the free and
unmolested use and enjoyment of the two following described
roads, in addition to those which are at present established
through their country; one to proceed from some convenient
place near the head of Stone's river, and fall into the Georgia
road at a suitable place towards the southern frontier of
the Cherokees. The other to proceed from the neighborhood
of Franklin, on Big Harpath, and crossing the Tennessee at
or near the Muscle Shoals, to pursue the nearest and best
way to the settlements on the Tombigbee. These roads shall
be viewed and marked out by men appointed on each side for
that purpose, in order that they may be directed the nearest
and best ways, and the time of doing the business the Cherokees
shall be duly notified.
Article V.
This treaty shall take effect and be obligatory on the contracting
parties, as soon as it is ratified by the President of the
United States, by and with the advice and consent of the Senate
of the same.
In testimony whereof, the said commissioners, and the undersigned
chiefs and head men of the Cherokees, have hereto set their
hands and seals.
Done at Tellico, the twenty-fifth day of October, one thousand
eight hundred and five.
Return J. Meigs,
Daniel Smith.
- Fox, or Ennollee, his x mark, [L. S.]
- Path Killer, or Nenohuttahe, his x mark, [L. S.]
- Glass, or Tauquatehee, his x mark [L. S.]
- Double head, or Dhuqualutauge, his x mark, [L. S.]
- Dick Justice, his x mark, [L. S.]
- Tounhull, or Toonayeh, his x mark, [L. S.]
- Turtle at Home, or Sullicooahwolu, his x mark, [L. S.]
- Chenawee, his x mark, [L. S.]
- Slave Boy, or Oosaunabee, his x mark, [L. S.]
- Tallotiskee, his x mark, [L. S.]
- Broom, or Cunnaweesoskee, his x mark. [L. S.]
- John Greenwood, or Sour Mush, his x mark, [L. S.]
- Chulioah, his x mark, [L. S.]
- Katigiskee, his x mark, [L. S.]
- William Shawry, or Eskaculiskee, his x mark, [L. S.]
- Taochalar, his x mark, [L. S.]
- James Davis, or Coowusaliskee, his x mark, [L. S.]
- John Jolly, or Eulatakee, his x mark, [L. S.]
- Bark, or Eullooka, his x mark, [L. S.]
- John McLemore, or John Euskulacau, his x mark, [L. S.]
- Big Bear, or Yohanaqua, his x mark, [L. S.]
- Dreadfulwater, or Aumaudoskee, his x mark, [L. S.]
- Challaugittihee, his x mark, [L. S.]
- Calliliskee, or Knife Sheath, his x mark, [L. S.]
- Closenee, his x mark, [L. S.]
- Challow, or Kingfisher, his x mark, [L. S.]
- John Watts, jr., his x mark, [L. S.]
- Sharp Arrow, or Costarauh, his x mark, [L. S.]
- John Dougherty, or Long John, his x mark, [L. S.]
- Tuckasee, or Terrapin, his x mark, [L. S.]
- Tuskegittihee, or Long Fellow, his x mark, [L. S.]
- Tochuwor, or Red Bird, his x mark, [L. S.]
- Catihee, or Badgerson, his x mark, [L. S.]
Witnesses:
- Rob Purdy, secretary to the commissioner,
- W. Yates, Lieutenant Artillerists,
- Wm. L. Lovely, assistant agent,
- Nicholas Byers, United States factor,
- Go. W. Campbell,
- Will. Polk,
- James Blair,
- Jno. Smith, T.
- Thomas N. Clark,
- Chas. Hicks, interpreter.
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