Treaty with The Cherokee
April 27, 1868
Supplemental article to a treaty concluded at Washington
City, July 19th, A. D. 1866; ratified with amendments, July
27th, A. D. 1866; amendments accepted, July 31st, A. D. 1866;
and the whole proclaimed, August 11th, A. D. 1866, between
the United States of America and the Cherokee Nation of Indians.
Whereas under the provisions of the seventeenth article of
a treaty and amendments thereto made between the United States
and the Cherokee Nation of Indians, and proclaimed August
11th, A. D. 1866, a contract was made and entered into by
James Harlan, Secretary of the Interior, on behalf of the
United States, of the one part, and by the American Emigrant
Company, a corporation chartered and existing under the laws
of the State of Connecticut, of the other part, dated August
30th, A. D. 1866, for the sale of the so-called "Cherokee
neutral lands," in the State of Kansas, containing eight
hundred thousand acres, more or less, with the limitations
and restrictions set forth in the said seventeenth article
of said treaty as amended, on the terms and conditions therein
mentioned, which contract is now on file in the Department
of the Interior; and
Whereas Orville H. Browning, Secretary of the Interior, regarding
said sale as illegal and not in conformity with said treaty
and amendments thereto, did, on the ninth day of October,
A. D. 1867, for and in behalf of the United States, enter
into a contract with James F. Joy, of the city of Detroit,
Michigan, for the sale of the aforesaid lands on the terms
and conditions in said contract set forth, and which is on
file in the Department of the Interior; and
Whereas, for the purpose of enabling the Secretary of the
Interior, as trustee for the Cherokee Nation of Indians, to
collect the proceeds of sales of said lands and invest the
same for the benefit of said Indians, and for the purpose
of preventing litigation and of harmonizing the conflicting
interests of the said American Emigrant Company and of the
said James F. Joy, it is the desire of all the parties in
interest that the said American Emigrant Company shall assign
their said contract and all their right, title, claim, and
interest in and to the said "Cherokee neutral lands"
to the said James F. Joy, and that the said Joy shall assume
and conform to all the obligations of said company under their
said contract, as hereinafter modified:
It is, therefore, agreed, by and between Nathaniel G. Taylor,
commissioner on the part of the United States of America,
and Lewis Downing, H. D. Reese, Wm. P. Adair, Elias C. Boudinot,
J. A. Scales, Archie Scraper, J. Porum Davis, and Samuel Smith,
commissioners on the part of the Cherokee Nation of Indians,
that an assignment of the contract made and entered into on
the 30th day of August, A. D. 1866, by and between James Harlan,
Secretary of the Interior, for and in behalf of the United
States of America, of the one part, and the American Emigrant
Company, a corporation chartered and existing under the laws
of the State of Connecticut, of the other part, and now on
file in the Department of the Interior, to James F. Joy, of
the city of Detroit, Michigan, shall be made; and that said
contract, as hereinafter modified, be and the same is hereby,
with the consent of all parties, re-affirmed and declared
valid; and that the contract entered into by and between Orville
H. Browning, for and in behalf of the United States, of the
one part, and James F. Joy, of the city of Detroit, Michigan,
of the other part, on the 9th day of October, A. D. 1867,
and now on file in the Department of the Interior, shall be
relinquished and cancelled by the said James F. Joy, or his
duly authorized agent or attorney; and the said first contract
as hereinafter modified, and the assignment of the first contract,
and the relinquishment of the second contract, are hereby
ratified and confirmed, whenever said assignment of the first
contract and the relinquishment of the second shall be entered
of record in the Department of the Interior, and when the
said James F. Joy shall have accepted said assignment and
shall have entered into a contract with the Secretary of the
Interior to assume and perform all obligations of the said
American Emigrant Company under said first-named contract,
as hereinafter modified.
The modifications hereinbefore mentioned of said contract
are hereby declared to be:-
1. That within ten days from the ratification of this supplemental
article the sum of seventy-five thousand dollars shall be
paid to the Secretary of the Interior as trustee for the Cherokee
Nation of Indians.
2. That the other deferred payments specified in said contract
shall be paid when they respectively fall due, with interest
only from the date of the ratification hereof.
It is further agreed and distinctly understood that, under
the conveyance of the "Cherokee neutral lands" to the said
American Emigrant Company, "with all beneficial interests
therein," as set forth in said contract, the said company
and their assignees shall take only the residue of said lands
after securing to "actual settlers" the lands to which they
are entitled under the provisions of the seventeenth article
and amendments thereto of the said Cherokee treaty of August
11th, 1866; and that the proceeds of the sales of said lands,
so occupied at the date of said treaty by "actual settlers,"
shall enure to the sole benefit of, and be retained by, the
Secretary of the Interior as trustee for the said Cherokee
Nation of Indians.
In testimony whereof, the said commissioners on the part
of the United States, and on the part of the Cherokee nation
of Indians, have hereunto set their hands and seals, at the
city of Washington, this 27th day of April, A. D. 1868.
N. G. Taylor,
Commissioner in behalf of the United States.
Delegates of the Cherokee Nation:
Lewis Downing,
Chief of Cherokees.
H. D. Reese,
Chairman of Delegation.
Samuel Smith,
Wm. P. Adair,
J. P. Davis,
Elias C. Boudinot,
J. A. Scales,
Arch. Scraper,
Cherokee Delegates.
In presence of-
H. M. Watterson.
Charles E. Mix.
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Native American Legends A-B