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M. WOLFE BATEMAN. 1st. Lt. 6th U. S. A. inf., Disbg. 1826. Agent.

JNO. L. HOOPER, Lt. 4th inf.

C. M. HITCHCOCK, M. D. Assist. Surg. U. S. A

G. W. CURREY.

WM. H. UNderwood.

CORNELIUS D. TERHUNE.

JOHN W. H. UNDERWOOD.

In compliance with instructions of the council at New Echota

we sign this treaty.

March 1, 1836.

Witnesses:

ELBERT HERRING.

ALEXANDER H. EVERETT.

JOHN ROBB

D. KURTZ.

WM. Y. HANSELL.

SAMUEL J. POTTS.

JNO. LITLE.

S. ROCKWELL.

STAND WATIE,

JOHN RIDGEJ

The following article was adopted as a supplemental article to the treaty by a unanimous vote of the committee and ordered to be attached to and considered as part of this treaty.

ARTICLE 20. The United States do also hereby guaranty the payment of all unpaid just claims upon the Indians, without expense to them, out of the proper funds of the United States, for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians, in Georgia. Provided the United States or the State of Georgia has derived benefit from the said cession or cessions of land without having made payment to the Indians therefor. It is hereby however further agreed and understood that if the Senate of the United States dissapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever.

A. McCOY, Clerk Committee..
W. B. THOMAS, Secry.

In compliance with the unanimous request of the Committee of the Cherokee nation in general council assembled, it is con-. sented and agreed by the commissioner on the part of the United States that the foregoing shall be added as a supplemental artiele to the treaty under the express condition and stipulation that if the President or Senate of the United States disapprove of this article it may be rejected without impairing any other pro

arment of just

claims guaranted by the nom States.

1836.

vision of this treaty, or affecting the Indians in any manner
whatever.
J. F. SCHERMERHORN.

Whereas the western Cherokees have appointed a delegation to visit the eastern Cherokees to assure them of the friendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the singing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees But it is expressly understood that nothing in this treaty shall affect any claims of the western Cherokees on the United States. In testimony whereof, we have, this 31st day of December, 1835, hereunto set our hands and seals.

Test:

BEN. F. CURREY,

M. W. BATEMAN,

JAMES ROGERS, [L. S.]

his

JOHN SMITH, [L. s.]

mark.

Delegates from the western Cherokees.

Special Agent.

First Lieut. 6th Infantry.

JNO. L. HOOPER,

Lien 4th Infy,

ELIAS BOUDINOT.

Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 of the foregoing treaty,)

viz:

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I hereby certify that the above schedule is the estimated value 1836. of the Osage reservations; as made out and agreed upon with Col. A. P. Chouteau who represented himself as the agent or guardian of the above reservees.

March 14, 1835.

J. F. SCHERMERHORN.

Supplementary articles to a treaty concluded at New Echota,
Georgia, December 29, 1835, between the United States and
Cherokee people.

Whereas the undersigned were authorized at the general meeting
of the Cherokee people held at New Echota as above stated,
to make and assent to such alterations in the preceding treaty
as might be thought necessary, and whereas the President of
the United States has expressed his determination not to allow
any pre-emptions or reservations his desire being that the
whole Cherokee people should remove together and establish
themselves in the country provided for them west of the Mis-
sissippi river.

ARTICLE 1. It is therefore agreed that all the pre-emption ¡Pre-emption rights declared rights and reservations provided for in articles 12 and 13 shall void. be and are hereby relinquished and declared void.

ARTICLE 2. Whereas the Cherokee people have supposed that the sum of five millions of dollars fixed by the Senate in their resolution of day of March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five millions of dollars should include the objects herein specified that in that case such further provision should be made therefor, as might appear to the Senate to be just.

in lieu of pre

servations.

ARTICLE 3. It is therefore agreed that the sum of six hun- $500,000 allowed dred thousand dollars shall be and the same is hereby allowed to emptions and rethe Cherokee people to include the expense of their removal, and all claims of every nature and description against the ' Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and preemptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-mentioned treaty. This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund.

1836.

But it is expressly understood that the subject of this article is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty.

ARTICLE 4. It is also understood that the provisions in article 16, for the agency reservation is not intended to interfere with the occupant right of any Cherokees should their improvement fall within the same.

It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.

ARTICLE 5. The necessary expenses attending the negotiation of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States.

In testimony whereof John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirtysix.

J. F. Schermerhorn,
Major Ridge, his x mark,

itnesses:

[L. S.]

L. S.

James Foster, his x mark,

L. S.

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SAML. J. POTTS,

JNO. LITLE,

S. ROCKWELL,

Now THEREFORE BE IT KNOWN, THAT I, ANDREW JACKSON, President of the United States of America, having seen and considered the said Treaty, and also the Supplementary Article thereunto annexed, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the eighteenth day of May, one thousand eight hundred and thirty-six, accept, ratify, and confirm the same, with the following amendments thereto, as expressed in the aforesaid resolution of the Senate. "Article 17, lines 2 and 3, strike out the words 'by General William Carroll and John F. Schermerhorn, or."" "In the 4th line of the same article, after the word 'States,' insert 'by and with the advice and consent of the Senate of the United States."" "Strike out the 20th article which appears as a supplemental article."

IN TESTIMONY WHEREOF, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand.

DONE at the city of Washington, this twenty-third day of May, in the year of our Lord one thousand eight hundred and [L. s.] thirty-six, and of the independence of the United States

the sixtieth.

By the President:

JOHN FORSYTH,
Secretary of State.

ANDREW JACKSON.

ANDREW JACKSON,

PRESIDENT OF THE UNITED STATES OF AMERICA,

Toall and singular to whom these presents shall come, Greeting:

WHEREAS, a treaty was made at Washington, in the District of Columbia, on the ninth day of May, in the year of our Lord one thousand eight hundred and thirty-six, between Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs of the Swan-creek and Black-river bands of the Chippewa nation, residing within the limits of Michigan, which treaty is in the words following, to wit:

Articles of a treaty made at Washington in the District of Columbia on the ninth day of May in the year of our Lord one thousand eight hundred and thirty-six, between Henry R. Schoolcraft, commissioner on the part of the United States and the chiefs of the Swan-creek and Black-river bands of the Chippewa nation, residing within the limits of Michigan.

1836.

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