their affairs, and to withdraw themselves with their 1797 property. The agreements and terms above concluded by the two contracting parties, fhall be punctually obferyed with the will of the most High: And for the maintenance and exact obfervance of the faid agreements, we have caused their contents to be here tranfcribed in the prefent month of Rebia Elul, of the Hegira one thousand two hundred and twelve, correfponding with the month of Auguft, of the Chriftian year one thoufand feven hundred and ninety feven. The Aga Soliman's Signature and (Seal) Ibrahim Dey's Signature and The Bey's Signature and (Seal). Whereas the Prefident of the United States of Ame rica by his letters patent, under his fignature and the (Seal) feal of State dated the eighteenth day of December one thousand feven hundred and ninety eight, vefted Richard O'Brien, William Eaton and James Leander Cathcart, or any two of them in the absence of the third, with full powers to confer, negotiate and conclude with the Bey and Regency of Tunis, on certain alterations in the treaty between the United States and the government of Tunis, concluded by the intervention of Jofeph Etienne Famin, on behalf of the United States, in the month of August, one thousand seven hundred and ninety seven, we, the underwritten William Eaton and James Leander Cathcart (Richard O'Brien being abfent) have concluded on and entered, in the foregoing treaty, certain alterations in the eleventh, twelfh and fourteenth articles, and do agree to faid treaty with faid alterations, reserving the fame nevertheless for the final ratification of the Prefident of the United States, by and with the advice and confent of the Senate. In teftimony whereof we annex our names and the confular feal of the United States. Done in Tunis, the twenty-fixth Day of March, in the year of the Chriftian era one thousand feven hundred and ninety nine, and of American independence the twenty third. Signed: WILLIAM EATON. JAMES LEANDER CATHCART. 1798 Articles of a treaty between the United States of America and the Cherokee Indians., Pro amble. (The laws of the United States. T. IV. p. 555.) W hereas the treaty made and concluded on Holfton River, on the fecond day of July, in the year one thou fand feven hundred and ninety-one *), between the United States of America, and the Cherokee nation of Indians, had not been carried into execution, for fome time hereafter, by reafon of fome mifunderstandings which had arifen and whereas, in order to remove fuch mifunderftandings, and to provide for carrying the faid treaty into effect, and for re- eftablifhing more fully the peace and friendship between the parties, another treaty was held, made and concluded by and between them, at Philadelphia, the twenty- fixth day of June, in the year one thoufand feven hundred and ninety four **) In which, among other things, it was ftipu lated, that the boundaries mentioned in the fourth article of the faid treaty of Holfton, fhould be actually ascertained and marked in the manner prefcribed by the faid article, whenever the Cherokee nation fhould have ninety days notice of the time and place at which the commiffioners of the United States intended to commence their operation: and whereas further delays in carrying the faid fourth article in complete effect did take place, fo that the boundaries mentioned and defcribed therein, were not regularly afcertained and marked, until the latter part of the year, one thoufand feven hundred and ninety feven: before which times and for want of knowing the direct courfe of the faid boundary, divers fettlements were made, by divers citizens of the United States, upon the Indian lands over and beyond the boundaries fo mentioned and defcribed in the faid article *) Je ne trouve pas que ce traité foit imprimé, quoique nombre les actes du Congrès. **) d. mon Recueil TVI p. 326 et suiv. ticle, and contrary to the intention of the faid treaties: 1798 but which fettlers were removed from the faid Indian lands, by authority of the United States, as foon after the boundaries had been fo lawfully afcertained and marked as the nature of the cafe had admitted: and whereas, for the purpose of doing juftice to the Cherokee nation of Indians, and remedying inconveniencies arifing to citizens of the United States from the adjuftment of the boundary line between the lands of the Cherokees and thofe of the United States, or the citizens thereof, or from any other cause in relation to the Cherokees; and in order to promote the interefts and fafety of the faid ftetes, and the citizens thereof, the Prefident of the United States, by and with the advice and confent of the Senate thereof, hath appointed George Walton of Georgia, and the Prefident of the United States hath alfo appointed Lieutenant colonel Thomas Butler, commanding the troops of the United States, in the ftate of Tenneffee, to be com miflioners for the purpofe aforefaid; and who, on the part of the United States, and the Cherokee nation, by the undersigning chiefs and warriors, reprefenting the faid nation, have agreed to the following arti cles, namely: ART.. I. The peace and friendship fubfifting between the Uni- Peace ted States and the Cherokee people, are hereby renewed, continued and declared perpetual. ART. II. and fri en ship declared perpe tual. attes to The treaties fubfifting between the prefent con- Subtracting parties, are acknowledged to be of full and ting tre operating force; together with the conftruction and operate. ufage under their refpective articles, and fo to continue. ART. III. main the The limits and boundaries of the Cherokee nation, Limits as ftipulated and marked by the exifting treaties between to rethe parties, fhall be and remain the fame, where not al- fame etc. tered by the present treaty. ART. IV. In acknowledgement for the protection of the United Ceffion States, and for the confiderations herein after expreffed of terri and contained, the Cherokee nation agree, and do he reby tory. 1798 reby relinquish and cede to the United States, all the lands within the following points and lines, viz. From a point on the Tenneffee river, below Tellico blockhoufe, called the Wild- cat Rock, in a direct line ta the Militia fpring, near the Mary- ville road leading from Tellico. From the faid fpring to the Chill - howie mountain, by a line fo to be run as will leave all the farms on Nine-mile Creek to the northward and eastward of it; and to be continued along Chill - howie mountain, until it ftrikes Hawkin's line. Thence along the faid line to the great Iron mountain; and from the top of which a line to be continued in a southeaste wardly courfe to where the most fouthwardly branch of Little river croffes the divifional line to Tulgaloe river; From the place of beginning, the Wild-cat Rock, down the northeast margin of the Tenneffee river (not including islands) to a point or place one mile above the junction of that river with the Chinch, and from thence by a line to be drawn in a right angle, until it interfects Hawkin's line leading from Clinch. Thence down the faid line to the river Clinch; thence up the faid river to its junction with Emmery's river; and thence up Emmery's river to the foot of Cumberland mountain. From thence a line to be drawn, northeastwardly, along the foot of the mountain, until it interfects with Campbell's line. line of ceffion. ART. V. Commif- To prevent all future misunderstanding about the foners line defcribed in the foregoing article, two commiffiofor running the ners fhall be appointed to fuperintend the running and marking the fame, where not afcertained by the rivers, immediately after figning this treaty; one to be appointed by the commiffioners of the United States, and the other by the Cherokee nation; and who fhall caufe three maps or charts thereof to be made out, one whereof fhall be transmitted and depofited in the war office of the United States; another with the executive of the ftate of Tenneffee, and the third with the Cherokee Ination, which faid line fhall form a part of the boundary between the United States and the Cherokee nation. Confide ration In confideration of the relinquishment and ceffion for the hereby made, the United States upon figning the present treaty. treaty, treaty, fhall caufe to be delivered to the Cherokees, 1798 goods, wares and merchandize, to the amount of five thousand dollars, and shall caufe to be delivered, annually, other goods, to the amount of ope thoufand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country for ever, as made and contained in former treaties. ART. VII. The Cherokee nation agree, that the Kentuckey Kentu road, running between the Cumberland mountain and cky road to be kept the Cumberland river, where the fame fhall pafs through open. the Indian land, fhall be an open and free road for the ufe of the citizens of the United States in the like manner as the road from Southweft point to Cumberland river. In confideration of which it is hereby agreed on the part of the United States, that until fettlements fhall make it improper, the Cherokee hunters fhall be at liberty to hunt and take game upon the lands relinquifhed and ceded by this treaty. ART. VIII. Due notice fhall be given to the principal towns Notice of of the Cherokees, of the time propofed for delivering delive time for the annual ftipends; and fufficient fupplies of provifions ring an fhall be furnished, by and at the expenfe of the United nuities States, to fubfift fuch reafonable number that may be fent, or fhall attend te receive them during a reafo nable time. ART. IX. etc. It is mutually agreed between the parties that Horses horfes ftolen and not returned within ninety days, fiolen to be paid fhall be paid for at the rate of fixty dollars each; if for. ftolen by a white man, citizen of the United States, the Indian proprietor fhall be paid in cafh; and if ftolen by an Indian from citizen, to be deducted as expreffed in the fourth article of the treaty of Philadelphia. This article fhall have retrofpect to the commencement of the firft conferences at this place in the prefent year, and no further. And all animofities, aggreffions, thefts and plunderings, prior to that day, fhall ceafe, and be no longer remembered or demanded on either fide. ART. |