Treaty with The Western Cherokee
February 14, 1833
Articles of agreement and convention made and concluded
at Fort Gibson, on the Arkansas river on the fourteenth day
of February one thousand eight hundred and thirty-three, by
and between Monffort Stokes, Henry L. Ellsworth and John F.
Schermerhorn duly appointed Commissioners on the part of the
United States and the undersigned Chiefs and Head-men of the
Cherokee nation of Indians west of the Mississippi, they being
duly authorized and empowered by their nation.
WHEREAS articles of convention were concluded at the city
of Washington, on the sixth day of May one thousand eight
hundred and twenty-eight, between James Barbour Secretary
of War, being specially authorized therefor by the President
of the United States and the chiefs and head men of the Cheerokee
nation of Indians west of the Mississippi, which articles
of convention were duly ratified. And whereas it was agreed
by the second article of said convention as follows "
That the United States agree to possess the Cheerokees, and
to guarantee it to them forever, and that guarantee is solemnly
pledged, of seven millions of acres of land, said land to
be bounded as follows; viz, commencing at a point on Arkansas
river, where the eastern Choctaw boundary line strikes said
river, and running thence with the western line of Arkansas
Territory to the southwest corner of Missouri, and thence
with the western boundary line of Missouri till it crosses
the waters of Neasho, generally called Grand river, thence
due west, to a point from which a due south course will strike
the present northwest corner of Arkansas Territory, thence
continuing due south on and with the present boundary line
on the west of said Territory, to the main branch of Arkansas
river, thence down said river to its junction with the Canadian,
and thence up, and between said rivers Arkansas and Canadian
to a point at which a line, running north and south, from
river to river, will give the aforesaid seven millions of
acres, thus provided for and bounded. The United States further
guarantee to the Cherokee nation a perpetual outlet west,
and a free and unmolested use of all the country lying west
of the Western boundary of the above-described limits; and
as far west, as the sovereignty of the United States and their
right of soil extend. And whereas there was to said articles
of convention and agreement, the following proviso viz. Provided
nevertheless, that said convention, shall not be so construed,
as to extend the northern boundary of said perpetual outlet
west, provided for and guarantied in the second article of
said convention, north of the thirty-sixth degree of north
latitude, or so as to interfere with the lands assigned, or
to be assigned, west of the Mississippi river, to the Creek
Indians who have emigrated, or may emigrate, from the States
of Georgia and Alabama, under the provision of any treaty,
or treaties, heretofore concluded, between the United States,
and the Creek tribe of Indians- and provided further, that
nothing in said convention, shall be construed, to cede, or
assign, to the Cheerokees any lands heretofore ceded, or assigned,
to any tribe, or tribes of Indians, by any treaty now existing
and in force, with any such tribe or tribes."--And whereas,
it appears from the Creek treaty, made with the United States,
by the Creek nation, dated twenty-fourth day of January eighteen
hundred and twenty-six, at the city of Washington; that they
had the right to select, and did select, a part of the country
described within the boundaries mentioned above in said Cherokee
articles of agreement--and whereas, both the Cheerokee and
Creek nations of Indians west of the Mississippi, anxious
to have their boundaries settled in an amicable manner, have
met each other in council, and, after full deliberation mutually
agreed upon the boundary lines between them--Now therefore,
the United States on one part, and the chiefs and head-men
of the Cherokee nation of Indians west of the Mississippi
on the other part, agree as follows:
Article I.
The United States agree to possess the Cheerokees, and to
guarantee it to them forever, and that guarantee, is hereby
pledged, of seven millions of acres of land, to be bounded
as follows viz: 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, to the place where said Territorial
line crosses the Verdigris river--thence down said Verdigris
river, to the Arkansas river--thence down said Arkansas to
a point, where a stone is placed opposite to 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
miles 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 guarantee to
the Cheerokee nation, a perpetual outlet west and a free and
unmolested use of all the country lying 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 great 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 Cheerokees--and letters patent shall be issued by
the United States as soon as practicable for the land hereby
guaranteed.
Article II.
The Cherokee nation hereby relinquish and quit claim to
the United States all the right interest and title which the
Cheerokees have, or claim to have in and to all the land ceded,
or claimed to have been ceded to said Cheerokee nation by
said treaty of sixth of May one thousand eight hundred and
twenty-eight, and not embraced within the limits or boundaries
fixed in this present supplementary treaty or articles of
convention and agreement.
Article III.
The Cherokee nation, having particularly requested the United
States to annul and cancel the sixth article of said treaty
of sixth May, one thousand eight hundred and twenty-eight,
the United States, agree to cancel the same, and the same
is hereby annulled--Said sixth article referred to, is in
the following words--"It is moreover agreed by the United
States, when the Cherokees may desire it, to give them a plain
set of laws, suited to their condition-- also when they may
wish to lay off their lands and own them individually, a surveyor
shall be sent to survey them at the expense of the United
States.
Article IV.
In consideration of the establishment of new boundaries
in part, for the lands ceded to said Cheerokee nation, and
in view of the improvement of said nation, the United States
will cause to be erected, on land now guaranteed to the said
nation, four blacksmith shops, one wagon maker shop, one wheelwright
shop, and necessary tools and implements furnished for the
same; together with one ton of iron, and two hundred and fifty
pounds of steel, for each of said blacksmith shops, to be
worked up, for the benefit of the poorer class of red men,
belonging to the Cherokee nation--And the United States, will
employ four blacksmiths, one wagon-maker, and one wheelwright,
to work in said shops respectively, for the benefit of said
Cherokee nation; and said materials shall be furnished annually
and said services continued, so long as the President may
deem proper--And said United States, will cause to be erected
on said lands, for the benefit of said Cheerokees, eight patent
railway corn mills, in lieu of the mills to be erected according
to the stipulation of the fourth article of said treaty, of
sixth of May, one thousand eight hundred twenty-eight, from
the avails of the sale of the old agency.
Article V.
These articles of agreement and convention are to be considered
supplementary, to the treaty before mentioned between the
United States, and the Cheerokee nation west of the Mississippi
dated sixth of May one thousand eight hundred and twenty-eight,
and not to vary the rights of the parties to said treaty,
any further, than said treaty is inconsistent with the provisions
of this treaty, now concluded, or these articles of convention
or agreement.
Article VI.
It is further agreed by the Cheerokee nation, that one mile
square shall be reserved and set apart from the lands hereby
guaranteed, for the accommodation of the Cheerokee agency;
and the location of the same shall be designated by the Cheerokee
nation, in conjunction with the agent of the Government of
the United States.
Article VII.
This treaty, or articles of convention, after the same have
been ratified, by the President and Senate shall be obligatory
on the United States and said Cheerokee nation.
In testimony whereof, the said Montfort Stokes, Henry L.
Ellsworth, and John F. Schermerhorn, commissioners as aforesaid,
and the chiefs and head men of the Cherokee nation aforesaid,
have hereunto set their hands, at Fort Gibson on the Arkansas
river, on the 14th day of February, one thousand eight hundred
and thirty-three.
- Montfort Stokes,
- Henry L. Ellsworth,
- J. F. Schermerhorn,
- John Jolly, his x mark,
- Black Coat, his x mark,
- Walter Weller,
Principal chiefs:
- John Rogers, president commissioners, Glass, president council.
Signed, sealed, and delivered in our presence:
- S. C. Stambaugh, secretary commissioners,
- M. Arbuckle, colonel Seventh Infantry,
- Geo. Vashon, agent Cherokees west,
- Jno. Campbell, agent Creeks.
- Alexander Brown, his x mark,
- Jno. Hambly,
- Wilson Nesbitt,
- Peter A. Carns,
- N. Young, major U.S. Army,
- W. Seawell, lieutenant Seventh Infantry,
- Wm. Thornton, clerk committee,
- Charles Webber, clerk council.
- Interpreters
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