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1835 under the jurisdiction and laws of the State Govern

ments 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 sovereignities 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, Danle Mc Coy, 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 183 stipulate and agree with the Government of the Ol ted 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 Se nate of the United States themselves and to recommend the same to their people for their final determination

And whereas on such submission the Senate ad vised “that a şum not exceeding five millions of dole lars be paid to the Cherokee Indians for all their lands and possessions east of the Mississippi river.”

And whereas this delegation after said award of the Senate had been made, were called upon to sub mit 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 ensure harmony and good feeling among themselves.”

And whereas a certain other delegation compor sed of John Ridge, Elias Boudinot, Archilla Smith, S. W. Bell, John West, Wm. A. Davis and Ezekiel West, who represented that portion of the nation in favor of emigration to the Cherokee country west of the Mississippi entered into propositions for a treaty with John Ť. Schermerhorn 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 1835 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 he commissioners it was well known and understood, vere authorized and instructed to convene for said purpose, and since the said delegation have gone on to Washington city, with a view to close negotiations here, as stated by them notwithstanding they where fficially informed by the United States commissioner hat they would not be received by the President of he United States; and that the Government would ransact no business of this nature with them, and that f a treaty was made it must be done here in the naion, where the delegation of Washington last winter, irged that it should be done for the purpose of pronoting peace and harmony among the people; and ince these facts have also been corroborated to us by

communication recently received by the commissioer from the Government of the United States and ead and explained to the people in open council and herefore believing said delegation can effect nothing nd since our difficulties are daily increasing and our ituation is rendered more and more precarious uncerin and insecure in consequence of the legislation of he States and seeing no effectual way of relief, but | accepting the liberal overtures of the United States. ! And whereas Genl. William Carroll and John F. chermerhorn were appointed commissioners on the art of the United States, with full power and authoty to conclude a treaty with the Cherokees east od west directed by the President to convene the eople of the nation in general council at New Echota od to submit said propositions to them with power id authority to yary the same so as to meet the views I the Cherokees in reference to its details. .

And whereas the said commissioners did appoint id notify a general council of the nation to convene

New chota on the 21st day of December 1835, ad informed them that the commissioners would be

1835 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 Carroll and John F. Schermerhorn commissionners on the part of the United States and the chiefs and headmen and people of the Cherokee nation in general council assembled this 29th day of Decr. 1835.

Art. 1. The Cherokee nation hereby cede, reliaquish and convey to the United States all the lands owned, claimed or possessed by them east of the Mis sissippi river, and hereby release all their claims upan the United States for spoliation of every kind for and in consideration of the sum of five millions of dollars to be expended, paid and invested in the manner sti. pulated 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 of 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

· Art. 2. Whereas by the treaty of May 6th 1828 and the supplementary treaty thereto of Febr. 140, 1833 with the Cherokees west of the Mississippi the United States guarantied 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 territory being twenty-five miles north from the point, where the territorial line crosses Arkansas river, thence running from said north point on the said territorial line, where the said territorial line crosses. Verdigris river; thence down said Verdigris river to the Arkansas river; thence down said Arkansas 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 soul

forty-four degrees west one mile; thence in a straight 1835 line to a point four miles northerly, from the mouth of the north fork of the Canadian; thence along the said four mile line to the Canadian; thence down the Canadian to the Arkansas; thence down 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 the south line of the Senecas to 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 of land boundaries. In addition to the seven millions of acres of land thus provided for and bounded, the United States further guaranty 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 sovereignity of the United States and their right of 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 to 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 guarantied. L. And whereas it is apprehended by the Cherokees that in the above cession there is not contained a sufficient quantity of land for the accomodation of the whole nation on their removal west of the Mississippi, the United States in consideration of the sum of five hundred thousand dollars 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

er of the sands fifty 15t to the we south

1835 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 the place of beginning; es. timated 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 ex- cepted 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 agree that the lands above ceded by the treaty of Febr. 14, 1833, including the outlet, and those ceded by this treaty sbal all be included in one patent executed to the Chero kee 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 bave 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 saine and the free use of as much land, tiiber, fuel, and materials of all kinds for the construction and support of the same as may be necessary; provie ded that if the private rights of individuals are interfered with a just compensation therefore shall be made.

Article 4. The' Ünited States also stipulate and agree 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 treaiy a salis. factory conveyance for the same, to the United States, the sum of fifteen thousand dollars according to a · schedule accompanying the treaty of the relative value

of the several reservations.

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