TREATY WITH THE CHEROKEES, DECEMBER 29, 1835 Proclamation May 1836. SUMMARY. Cherokees relinquish to the United States all their lands II. Treaty of May 1828 and February 1833 Referred to- Art. I. Art. Art. III. Art. IV. Art. V. Art. VI. Art. VII. Right to Establish Forts, Etc. Extinguishes Osage Titles-Missionary Reservations to be Paid for. Lands Permanently Ceded to the Nation. Peace to be Preserved, Delegate to Congress from Cherokee Nation. Expense of Removal to be Paid by the United States. XII. Proviso Respecting Cherokees Averse to Removal. Funds to be Divided Among the Indians. Indians to Remove in Two Years. Commissioners to Settle Claim. United States to Make Allowance for Provisions, Clothing, Etc. Treaty Binding When Ratified. Supplement to Treaty. Art. I. Preemption Rights Declared Void. Art. II & III. Allowance in Lieu of Preemption, Etc. Provisions for Agency Reservations not to Interefere. Articles of Treaty, concluded at New Echota in the State of Georgia on the 29th day of December 1835 by General William Carroll and John F. Shermerhorn, 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 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, Daniel 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 of 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 land and possessions east of the Mississippi river." And, whereas the 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 insure 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 Wést, who represented the portion of the Nation in favor of emigration to the Cherokee country west of the Mississippi river entered into propositions for a treaty with John F. Shermerhorn, 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 has 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 Nation 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 conucil and therefore believing said delegation can effect nothing 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, General William Carroll and John F. Shermerhorn 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 deference 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 Craroll and John F. Shermerhorn, 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 December 1835. Art. 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 of spoliations it is therefore agreed on the part of the United States that this question shall again be 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, a Art. 2. Whereas, by the treaty of May 6th, 1828 and the supplementary treaty thereto of February 14th, 1833 with the Cherokees west of the Mississippi the United States guaranteed 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 Terri tory, being twenty-five miles north from the line 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 the Verdigris river; thence down said Verdigris river to the Arkansas river; thence down said Akansas river 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 straight line to a point four miles northerly from the mouth of the north fork of the Canadian river; thence along the said four-mile line to the Canadian; thence down the Canadian to the Arkansas; thence down 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 to the Senecas; thence on the line of the Senecas to the Grand river; thence up Grand river as far as the south line of the Osage reservation, extended if necessary; thence up and between said Osage line extended west if necessary, and a line drawn due west from the point of beginning to a certain point 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 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 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 by 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 guaranteed. 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 revomal 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 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. Art. 3. The United States also agrees that the lands above ceded by the treaty of February 14, 1833, including the outlet, and those ceded by this treaty shall 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. Art. 4. The United States also stipulates and agrees 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 and 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 to the American Board of Commissioners for Foreign Missions for the improvements on the same what they shall be appraised at by Capt. George Vasborn, 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 is to pay the amount allowed for the reservations in this article and not the Cherokees, Art. 5. The United States hereby covenants and agrees that the lands ceded to the Cherokee Nation in the foregoing 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 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 shall 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 regualtions established by the Government of the same. Art. 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 the Indians according to treaty stipulations. Art. 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 guaranteed 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 of the same. Art. 8. The United States also agrees and stipulates 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 agents 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. Art. 9. The United States agrees 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 |