Western Cherokees, there shall be no deduction from the fund before mentioned in consideration of any payments which may hereafter be made out of said fund; and it is hereby further understood and agreed, that the principle above defined shall embrace all those Cherokees west of the Mississippi, who emigrated prior to the treaty of 1835.

In the consideration of the foregoing stipulation on the part of the United States, the "Western Cherokees" or "Old Settlers" hereby release and quit-claim to the United States all right, title, interest, or claim they may have to a common property in the Cherokee lands east of the Mississippi river, and to exclusive ownership to the lands ceded to them by the treaty of 1833 west of the Mississippi, including the outlet west, consenting and agreeing that the said lands, together with the eight hundred thousand acres ceded to the Cherokees by the treaty of 1835, shall be and remain the common property of the whole Cherokee people, themselves included.

Art. 5. It is mutually agreed that the per capita allowance to be given to the "Western Cherokees" or "Old Settlers" upon the principle above stated, shall be held in trust by the Government of the United States, and paid out to each individual belonging to that party or head of family or his legal representatives. And it is further agreed that the per capita allowance to be paid as aforesaid shall not be assignable, but shall be paid directly to the persons entitled to it, or to his heirs or legal representatives, by the agent of the United States, authorized to make such payments.

And it is further agreed that a committee of five persons shall be appointed by the President of the United States, from the party of "Old Settlers" whose duty it shall be, in conjunction with an agent of the United States, to ascertain what persons are entitled to the per capita allowance provided for in this and the preceding article.

Art. 6. And whereas, many of that portion of the Cherokee people known and designated as the "Treaty Party" have suffered losses and incurred expenses in consequence of the treaty of 1835, therefore, to indemnify the treaty party, the United States agrees to pay to the said treaty party the sum of one hundred and fifteen thousand dollars of which the sum of five thousand dollars shall be paid by the United States to the heirs and legal representatives of Major Ridge, the sum of five thousand dollars to the heirs and legal representatives of John Ridge, and the sum of five thousand dollars to the heirs and legal representatives of Elias Boudinot, and the balance being the sum of one hundred thousand dollars, which shall be paid by the United States in such amounts and to such persons as may be certified by a committee to be appointed by the treaty party, and which committee shall consist of not exceeding five persons, and approved by an agent of the United States, to be entitled to receive the same for losses and damages sustained by them, or by those of whom they are the heirs or legal representatives; provided, that out of the said balance of one hundred thousand dollars, the present delegation of the treaty party may receive the sum of twenty-five thousand dollars, to be by them applied to the payment of claims and other expenses. And it is further provided that, if the said sum of one hundred thousand dolsars should not be sufficient to pay all the claims allowed for losses and damages, that then the same shall be paid to the said claimants pro rata, and which payments shall be in full for all claims and losses of the said treaty party.

Art. 7. The value of all salines which were the private property of Individuals of the Western Cherokees, and of which they were dispossessed provided there be any such, shall be ascertained by the United States agent and a commissioner to be appointed by the Cherokee authoritics; and, should they be unable to agree, they shall select an umpire, whose decision shall be final; and the several amounts found due shall be paid by the Cherokee Nation, or the salines returned to their respective owners.

Art. 8. The United States agrees to pay to the Cherokee Nation the sum of two thousand dollars for a printing press, materials, and other property destroyed at that time; the sume of five thousand dollars to be equally divided among all those whose arms were taken from them previous to their removal west by order of an officer of the United States; and the further sum of twenty thousand dollars, in lieu of all claims of the Cherokee Nation, as a nation, prior to the treaty of 1835, except all lands reserved, by treaties heretofore made, for school funds.

Art. 9. The United States agrees to make a fair and just settlement of all moneys due to the Cherokees, and subject to the per capita division under the treaty of 29th December, 1835, which said settlement shall exhibit all money properly expended under said treaty, and shall embrace all sums paid for improvements, ferries, spoliations, removal and subsistence, and commutation therefor, debts and claims upon the Cherokee Nation of Indians, for the additional quantity of land ceded to said nation; and the several sums provided in the several articles of the treaty, to be invested as the general fund of the nation; and also all sums which may be hereafter properly allowed and paid under the provisions of the treaty of 1835. The aggregate of which said several sums shall be deducted from the sum of six millions six hundred and forty-seven thousand and sixty-seven dollars, and the balance thus found to be due shall be paid over, per capita, in equal amounts, to all those individuals heads of families, or legal representatives, entitled to receive the same under the treaty of 1835, and the supplement of 1836, being all those Cherokees residing east at the date of said treaty and the supplement thereto.

Art. 10. It is expressly agreed that nothing in the foregoing treaty contained shall be so construed as in any manner to take away or abridge any rights or claims which the Cherokees now residing in states east of the Mississippi river had, ar may have, under the treaty of 1835, and the supplement thereto.

Art. 11. Whereas, the Cherokee delegation contend that the amount expended for one year's subsistence, after their arrival in the west, of the Eastern Cherokees, is not properly chargeable to the treaty fund; it is hereby agreed that that question shall be submitted to the Senate of the United States for its decision, which shall decide whether the subsistence shall be borne by the United States or the Cherokee funds, and if by the Cherokees, then to say, whether the subsistence shall be charged at a greater rate than thirty-three (33-100) dollars per head; and also the question whether the Cherokee ation shall be allowed interest on whatever sum may be found to be due the nation, and from what date and at what rate per annum.

Art. 12. (Stricken out.)

Art. 13. This treaty, after the same shall be ratified by the President and Senate of the United States shall be obligatory on the contracting parties.

In testimony whereof the said Edmund Burke, William Armstrong and Albion K. Parris, commissioners as aforesaid, and the several delegations aforesaid, and the Cherokee Nation and people, have hereunto set their hands and seals, at Washington aforesaid, this sixth day of August, in the year of Our Lord, one thousand eight hundred and forty-six.

Edmund Burke.
William Armstrong.
Albion K. Parris.

Delegation of the Government Party:

John Ross.

W. S. Coody.

R. Taylor.

C. V. McNair.

(To each of the names of Indians a seal is affixed.)

In the presence of:

Joseph Bryan of Alabama.

Geo. W. Paschal.

John P. Wolf (Secretary of Board.)

W. S. Adair.

John F. Wheeler.

FIXING TEXAS BOUNDARIES.

A Proclamation by the President of the United States of America, declaring act of 1850, respecting the boundaries of Texas to be in force.

December 30, 1850.

PREAMBLE. Whereas, by an an Act of the Congress of the United States of the ninth of September,, one thousand eight hundred and fifty, entitled "An Act proposing to the State of Texas the establishment of her northern and western boundaries, the relinquishment by the said state of all Territory claimed by her exterior to said boundaries, and of all her claims upon the United States, and to establish a Territorial Government for New Mexico," It was provided that the following propositions should be, and the same were thereby, offered to the State of Texas, which when agreed to by the said State, in an act passed by the general assembly, should be binding and obligatory upon the United States and upon the said State of Texas; Provided, The said agreement by the said General Assembly should be given on or before the first day of December, eighteen hundred and fifty; Namely:

"First. The State of Texas will agree that her boundary on the north shall commence at the point at which the meredian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees, thirty minutes north latitude, and shall run from said point due west to the meridian of the one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirtysecond degree of north latitude; Thence on the said parallel of thirtytwo degrees of north latitude to the Rio Bravo del Norte, and thence with the channel of said river to the Gulf of Mexico."

"Second. The State of Texas cedes to the United States all her claim to the Territory exterior to the limits and boundaries which she agrees to establish by the first article of this agreement."

"Third. The State of Texas relinquishes all claim upon the United States for liability of the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom-house revenues, arms and munitions of war and public buildings with their sites, which became the property of the United States at the time of annexation."

"Fourth. The United States, in consideration of said establishment of boundaries, cession to claim of Territory, and relinquishment of claims, will pay to the State of Texas the sum of Ten Million of Dollars in a stock bearing five per cent. interest, and redeemable at the end of fourteen years, the interest payable half yearly at the Treasury of the United States.'

"

"Fifth. Immediately after the President of the United States shall have been furnished with an authentic copy of the act of the general assembly of Texas accepting these propositions, he shall cause the stock to be issued in favor of the State of Texas, as provided for in the fourth article of this agreement: Provided also, That no more than Five Million of said stock shall be issued until the creditors of the state holding

bonds and other certificates of stock of Texas for which duties on imports were specially pledged shall first file at the Treasury of the United States releases of all claims against the United States for or on account of said bonds or certificates in such form as shall be prescribed by the Secretary of the Treasury and approved by the President of the United States. Provided, That nothing herein contained shall be construed to impair or qualify anything contained in the third article of the second section of the 'Joint resolution for annexing Texas to the United States,' approved March first, eighteen hundred and forty-five, either as regards the number of States, that may hereafter be formed out of the State of Texas, or otherwise."

And, Whereas, It was further provided by the eighteenth section of the same Act of Congress, "That the provisions of this act be, and they are hereby, suspended until the boundary between the United States and the State of Texas, shall be adjusted, and when just adjustment shall have been effected by the President of the United States shall issue his proclamation declaring this act to be in full force and operation:

And Whereas, The legislature of the State of Texas, by an act approved the twenty-fifth of November, last, entitled "An act accepting the propositions made by the United States to the State of Texas, is an act of the Congress of the United States approved the ninth day of September, A. D. one thousand eight hundred and fifty, and entitled 'An act proposing to the State of Texas the establishment of her northern and western boundaries, the relinquishment by the said State of all territory claimed by her exterior to said boundaries and of all her claims upon the United States, and to establish a Territorial government for New Mexico," * of which act a copy authenticated under the seal of the State has been furnished to the President, * enacts "That the State of Texas hereby agrees to and accepts said propositions, and it is hereby declared that the said State shall be bound by the terms thereof, according to their true import and meaning.

*

Now, Therefore, I, Millard Filmore, President of the United States of America, do hereby declare and proclaim that the said act of the Congress of the United States of the ninth of September last, is in full force and operation.

Given under my hand, at the City of Washington, this thirteenth day of December, in the year of our Lord, one thousand eight hundred and fifty, and the seventy-fifth of the Independence of these United States. (L. S.) MILLARD FILLMORE.

By the President:

DAN'L WEBSTER,

Secretary of State.