Treaty with The Cherokee
December 29, 1835
Articles of a treaty, concluded at New Echota in the State of
Georgia on the 29th day of Decr. 1835 by General William Carroll
and John F. Schermerhorn commissioners 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 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 territorial limits 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 condition; and as may tend to their individual comfort
and their advancement 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 Ezekiel
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 commissioner 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 elsewhere and as the people had good reason to believe that a
treaty would then and there be made or at a subsequent council at
New Echota which the commissioners it was well known and understood,
were authorized and instructed to convene for said purpose; and
since the said delegation have gone on to Washington city, with
a view to close negotiations there, as stated by them notwithstanding
they were officially informed by the United States commissioner
that they would not be received by the President of the United States;
and that the Government would transact no business of this nature
with them, and that if a treaty was made it must be done here in
the nation, where the delegation at Washington last winter urged
that it should be done for the purpose of promoting peace and harmony
among the people; and since these facts have also been corroborated
to us by a communication recently received by the commissioner from
the Government of the United States and read and explained to the
people in open council and therefore believing said delegation can
effect nothing and since our difficulties are daily increasing and
our situation is rendered more and more precarious uncertain and
insecure in consequence of the legislation of the States; and seeing
no effectual way of relief, but in accepting the liberal overtures
of the United States.
And whereas Genl 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 the 21st day of
December 1835; and informed them that the commissioners would be
prepared to make a treaty with the Cherokee people who should assemble
there and those who did not come they should conclude gave their
assent and sanction to whatever should be transacted at this council
and the people having met in council according to said notice.
Therefore the following articles of a treaty are agreed upon and
concluded between William Carroll and John F. Schermerhorn commissioners
on the part of the United States and the chiefs and head men and
people of the Cherokee nation in general council assembled this
29th day of Decr 1835.
Article 1.
The Cherokee nation hereby cede relinquish and convey to the United
States all the lands owned claimed or possessed 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 commissioners and the Cherokees
whether the Senate in their resolution by which they 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 " have included and made any allowance or
consideration 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 decision and
if no allowance was made for spoliations that then an additional
sum of three hundred thousand dollars be allowed for the same.
Article 2.
Whereas by the treaty of May 6th 1828 and the supplementary treaty
thereto of Feb. 14th 1833 with the Cherokees west of the Mississippi
the United States guarantied and secured to be conveyed 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 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 west, at which a line running
north and south from said Osage line to said due west line will
make seven millions of acres within the whole described boundaries.
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
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 patent shall be issued by the United States as soon
as practicable for the land hereby guarantied."
And whereas it is apprehended by the Cherokees that in the above
cession there is not contained a sufficient quantity of land 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 covenant and agree to
convey to the said Indians, and their descendants by patent, in
fee simple the following 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 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 lands
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 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 by the
treaty of Feb. 14 1833, 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 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 interfered with, a just compensation therefor
shall be made.
Article 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 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 satisfactory conveyance for the same, to the United
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 between the United States and
the Osage Indians 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 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.
Article 5.
The United States hereby covenant and agree that the 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
connected 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 intercourse with the Indians; and also, that they stall 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.
Article 6.
Perpetual peace and friendship shall exist between the 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 of 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.
Article 7.
The Cherokee nation having already made great progress in civilization
and deeming it important that every proper and laudable inducement
should 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 the Indians in their 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.
Article 8.
The United States also agree and stipulate to remove the Cherokees
to their new homes and to subsist them one year after their arrival
there and that a sufficient 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 supplied with medicines
shall accompany each detachment of emigrants removed by the Government.
Such persons and families as in the opinion of the emigrating agent
are capable of 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 member of their family; and in lieu
of their one year's rations they shall be paid the sum of thirty-three
dollars and thirty-three cents if they prefer it.
Such Cherokees also as reside at present out of 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.
Article 9.
The United States agree to appoint suitable agents who shall make
a just and fair valuation of all such improvements now in the possession
of the Cherokees as add any value to the lands; and also of the
ferries owned by them, according to their net income; and such improvements
and ferries from which they have been dispossessed in a lawless
manner or under any existing laws of the State where the same may
be situated.
The just debts of the Indians shall be paid out of any monies due
them for their improvements and claims; and they shall also be furnished
at the discretion of the President of the United States with a sufficient
sum to enable them to obtain the necessary means to remove themselves
to their new homes, and the balance of their dues shall be paid
them at the Cherokee agency west of the Mississippi. The missionary
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 established
and improved in order to enable them to erect such buildings and
make such improvements 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.
Article 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 Cherokee nation west of the
Mississippi the following sums as a permanent fund for the purposes
hereinafter specified and pay over the net income of the 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 nation to constitute a general fund the interest 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 annual income of which shall be expended towards the support
and education of such orphan children as are destitute of the means
of subsistence. The sum of one hundred and fifty thousand dollars
in addition to the present school fund of the nation shall constitute
a permanent school fund, the interest of which shall be applied
annually by the council of the nation for the support of 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 the 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 withdraw 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 stipulate 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.
Article 11.
The Cherokee nation of Indians believing it will be for 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 thousand
dollars shall constitute a part of the permanent school fund of
the nation.
Article 12.
Those individuals and families of the Cherokee nation that are
averse to a removal to the Cherokee country west of the Mississippi
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 personal
benefits accruing under this treaty for their claims, improvements
and per capita; as soon as an appropriation is made for this treaty.
Such heads 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 certificate of the commissioners
to a preemption 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 two 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 select not already
taken by any person entitled to them under this treaty.
It is stipulated and agreed between 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 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 missionaries 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. If 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 thousand
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 Cherokee
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 the Cherokees
for reservations granted under former treaties to any 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 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 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 against 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 commissioners have been complied with as far as practicable,
they or their heirs or descendants 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 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 heirs or descendants or their assigns shall
not be considered as having any claims upon the United States under
this article of the treaty nor be entitled to receive any compensation
for the lands thus disposed of. It is expressly understood by the
parties to this treaty that the amount to be allowed for reservations
under this article shall not be deducted out of the consideration
money allowed to the Cherokees for their claims for spoilations
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 fulfillment of former
treaty stipulations.
Article 14.
It is also agreed on the part of the United States that such warriors
of the Cherokee nation as were engaged on the side of 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.
Article 15.
It is expressly understood and agreed between the parties to this
treaty that after deducting the amount which shall be actually expended
for the payment for improvements, ferries, claims, for spoliations,
removal subsistence and debts and claims upon the Cherokee nation
and for the additional quantity of lands and goods for the poorer
class of Cherokees and the several sums to be invested for the general
national 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 census just completed; and such Cherokees as have removed west
since June 1833 who are entitled by the terms of their enrollment
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.
Article 16.
It is hereby stipulated and agreed by the Cherokees that they
shall remove to their new homes within two years from the ratification
of this treaty and that during such time the United States 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 has actually
issued previously to the enactment of the law of the State of Georgia,
of December 1835 to regulate Indian occupancy shall be again put
in possession and placed in the same situation and condition, in
reference to the laws of the State of Georgia, as the Indians that
have not been dispossessed; and if this is not done, and the people
are left unprotected, then the United States shall pay the several
Cherokees for their losses and damages sustained by them in consequence
thereof. And it is also stipulated and agreed that the public buildings
and improvements on which they are situated at 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 the Cherokee
Indians for the purpose of settling and closing all the Indian business
arising under this treaty 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 expressly 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 of the United States, or such agent
as may be engaged specially superintending the removal of the tribe.
Article 17.
All the claims arising under or provided for in the several articles
of this treaty, shall be examined and adjudicated by such commissioners
as shall be appointed by the President of the United States by and
with the advice and consent of the Senate of the United States for
that purpose and their decision shall be final 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 18.
Whereas in consequence of the unsettled affairs of the Cherokee
people and the early frosts, their crops are insufficient to support
their families and great distress is likely to ensue and whereas
the nation will not, until after their removal be able advantageously
to expend the income of the permanent funds of the nation it is
therefore agreed that the annuities of the nation which may accrue
under this treaty for two years, the time fixed for their removal
shall be expended in provision and clothing 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 ratification
of this treaty as an appropriation 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 President
and Senate of the United States shall be obligatory on the contracting
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 treaty, 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.]
- James Foster, his x mark, [L. S.]
- Tesa-ta-esky, his x mark, [L. S.]
- Charles Moore, his x mark, [L. S.]
- George Chambers, his x mark, [L. S.]
- Tah-yeske, his x mark, [L. S.]
- Archilla Smith, his x mark, [L. S.]
- Andrew Ross, [L. S.]
- William Lassley, [L. S.]
- Cae-te-hee, his x mark , [L. S.]
- Te-gah-e-ske, his x mark, [L. S.]
- Robert Rogers, [L. S.]
- John Gunter, [L. S.]
- John A. Bell, [L. S.]
- Charles F. Foreman, [L. S.]
- William Rogers, [L. S.]
- George W. Adair, [L. S.]
- Elias Boudinot, [L. S.]
- James Starr, his x mark, [L. S.]
- Jesse Half-breed, his x mark, [L. S.]
Signed and sealed in presence of-
Western B. Thomas, secretary.
Ben. F. Currey, special agent.
M. Wolfe Batman, first lieutenant, sixth U. S. infantry, disbursing
agent.
Jon. L. Hooper, lieutenant, fourth Infantry.
C. M Hitchcock, M. D., assistant surgeon, U.S.A.
G. W. Currey,
Wm. H. 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:
- Elbert Herring,
- Alexander H. Everett,
- John Robb,
- D. Kurtz,
- Wm.Y. Hansell,
- Samuel J. Potts,
- Jno. Litle,
- S. Rockwell.
March 1, 1836. Proclamation, May 23, 1836.
Whereas the western Cherokees have appointed a delegation to visit
the eastern Cherokees to assure them of the friendly disposition
of their 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 any claims of the western Cherokees on the United States.
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 Cherokees.
Test:
Ben. F. Currey, special agent.
M. W. Batman, first lieutenant, Sixth Infantry,
Jno. L. Hooper, lieutenant, Fourth Infantry,
Elias Boudinot.
Schedule and estimated value of the Osage half-breed reservations
within the territory ceded to the Cherokees west of the Mississippi,
(referred to in article 5 on the foregoing treaty,) viz:
- Augustus Clamont one section . . $6,000
- James Clamont one section . . $1,000
- Paul Clamont one section . . $1,300
- Henry Clamont one section . . $800
- Anthony Clamont one section . . $1,800
- Rosalie Clamont one section . . $$1,800
- Emilia D, of Mihanga . . $1,000
- Emilia D, of Shemianga . . $1,300
________
$15,000
________
I hereby certify that the above schedule is the estimated value
of the Osage reservations, 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 a treaty concluded at New Echota, Georgia,
December 29, 1835, between the United States and Cherokee people.
March 1, 1836. Proclamation, May 23, 1836.
WHEREAS 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,
which 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 subject 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.
Article 3.
It is therefore agreed that the sum of six hundred thousand dollars
shall be and the same is hereby allowed to the Cherokee people to
include the expense of their removal, and all claims of every nature
and description against the Government of the United States not
herein otherwise expressly provided for, and to be in lieu of the
said reservations and pre-emptions and of the sum of three hundred
thousand dollars for spoliations described in the 1st article of
the above-mentioned treaty. This sum of six hundred thousand dollars
shall be applied and distributed agreeably to the provisions of
the said treaty, and any surplus which may remain after removal
and payment of the claims so ascertained shall be turned over and
belong to the education fund.
But it is expressly understood that the subject of this article
is merely referred hereby to the consideration of the Senate and
if they shall approve the same then this supplement shall remain
part of the treaty.
Article 4.
It is also understood that the provisions in article 16, for the
agency reservation is not intended to interfere with the occupant
right of any Cherokees should their improvement fall within the
same.
It is also understood and agreed, that the one hundred thousand
dollars appropriated in article 12 for the poorer class of Cherokees
and intended as a set-off to the pre-emption rights shall now be
transferred from the funds of the nation and added to the general
national fund of four hundred thousand dollars so as to make said
fund equal to five hundred thousand dollars.
Article 5.
The necessary expenses attending the negotiations of the aforesaid
treaty and supplement and also of such persons of the delegation
as may sign the same shall be defrayed by the United States.
In testimony whereof, John F. Schermerhorn, commissioner on the
part of the United States, and the undersigned delegation have hereunto
set their hands and seals, this first day of March, in the year
one thousand eight hundred and thirty-six.
J. F. Schermerhorn.
- Major Ridge, his x mark, [L. S.]
- James Foster, his x mark, [L. S.]
- Tah-ye-ske, his x mark, [L. S.]
- Long Shell Turtle, his x mark, [L. S.]
- John Fields, his x mark, [L. S.]
- James Fields, his x mark, [L. S.]
- George Welch, his x mark, [L. S.]
- Andrew Ross, [L. S.]
- William Rogers, [L. S.]
- John Gunter, [L. S.]
- John A. Bell, [L. S.]
- Jos. A. Foreman, Robert Sanders, [L. S.]
- Elias Boudinot, [L. S.]
- Johnson Rogers, [L. S.]
- James Starr, his x mark, [L. S.]
- Stand Watie, [L. S.]
- John Ridge, [L. S.]
- James Rogers, [L. S.]
- John Smith, his x mark.[L. S.]
Witnesses:
- Elbert Herring,
- Thos. Glascock,
- Alexander H. Everett,
- Jno. Garland, Major, U. S. Army,
- C. A. Harris,
- John Robb,
- Wm. Y. Hansell,
- Saml. J. Potts,
- Jno. Litle,
- S. Rockwell.
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Native American Legends A-B