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 guaranteed 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 migrated, or may migrate, from the states of Georgia and Alabama, under the provisions of any treaty or treaties, heretofore concluded between the United States and the Creek tribe of Indians-and further provided, that nothing in said convention shall be construed to cede, or assign, to the said Cherokees any lands, heretofore ceded, or assigned, to any tribe or tribes of Indians, by any treaty now existing and in force with any 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 Cherokee 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: Art. 1. The United States agree to possess the Cherokees, and to guaranty to them forever, and that guaranty is hereby pledged, of seven millions of acres of land, to be bounded as follows, viz: Beginning on a point on the old western territorial line of Arkansas Terirtory, 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, 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 miles line to the Canadian, thence down the Canadian to 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 a south line of the Senecas to the 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 guarantees 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 said seven millions of acres, as far west as the sovereignty of the United States and their right of soil extends-provided, however, that if the saline or salt plains, 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 plains in common with the Cherokees, and letters patent shall be issued by the United States as soon as practicable for the land hereby guaranteed. Art. 2. The Cherokee Nation hereby relinquishes and quit claims to the United States all the right, interest, and title which the Cherokees have, or claim to have in and to all the land ceded, or claimed to have been ceded to said Cherokee Nation by said treaty of the 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. Art. 3. The Cherokee Nation having particularly requested the United States to annul and cancel the sixth article of said treaty of sixth of May, One Thousand Eight Hundred and Twenty-eight, the United States agrees to cancel same, and the same is hereby annulled. Said 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 them at the expense of the United States." Art. 4. In consideration of the establishment of new boundaries in part, for the lands ceded to said Cherokee 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 wagonmaker 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 wagonmaker, and one wheelwright, to work in said chops respectively, for the benefit of said Cherokee Nation; and said material 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 Cherokees, eight railway corn mills, in lieu of the mills to be erected according to the stipulations of the fourth article of said treaty of sixth of May, One Thousand Eight Hundred and Twenty-eight, from the avails of the sale of the old agency. Art. 5. These articles of agreement and convention are to be considered supplementary to the treaty before mentioned between the United States and the Cherokee 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 and agreement. Art. 6. It is further agreed by the Cherokee Nation, that one mile square shall be reserved and set apart from the lands hereby guaranteed, for the accommodation of the Cherokee Agency; and the location of the same shall be designated by the Cherokee Nation, in conjunction with the agent of the Government of the United States. Art. 7. This treaty of articles of convention, after the same have been ratified by the President and Senate, shall be obligatory on the United States and said Cherokee Nation. In testimony whereof, the said Montfort Stokes, Henry L. Ellsworth, and John F. Shermerhorn, 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. Sig 19 PRINCIPAL CHIEFS John Rogers, Pres't Com. Glass, Pres't. Council. Signed, sealed and delivered in our presence. S. C .Stambaugh, Secretary to Committee. Geo. Vashon, Agent Cherokees west. Jno. Campbell, Agent Creeks. Alexander Brown, his X mark, Interpreter. Wilson Nesbit. Peter A. Carns. N. Young, Major U. S. Army. |