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 parti 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, relinquish and convey to the United States all the lands owned, claimed or possessed by them east of the Mi sissippi river, and hereby release all their claims up 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 sú 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 Missis sippi river" have included and made any allowance or 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. 14th 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 fol lowing 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 south

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 be 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.

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

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; 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 agree that the lands above ceded by the treaty of Febr. 14, 1833, inclo ding the outlet, and those ceded by this treaty shall all be included in one patent executed to the Cher 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 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; provi ded that if the private rights of individuals are interfered with a just compensation therefore shall be made.

Article 4. The United 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 treaty a satis 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.

And whereas by the several treaties between the 1835 United Staates and the Osage Indians the Union and Harmony 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 the Amerikan Board of Commissioners for Foreign Missions for the improvements on the same, what they shall be appraised at by Capt. Geo. Vashon Cherokee sub-agent Abraham Redfield and A. P. Chouteau or such persons as the President of the United States shall appoint and the money alowed for the same shall be expended in schools among he Osages and improving their condition. It is unthe derstood that the United States are to pay the amount allowed for the reservations in this article and not the at Cherokees.

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Article 5. The United States hereby covenant and agree 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 to 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 d. 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 the 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 regulations established by the Govern

ment of the same.

Article 6. Perpetual friendship and peace 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 ennemies and against intestine wars between the several tribes. The Cherokees shall endeavor to

1835 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 of useful farmers, mechanics and teachers for the Instruction of Indians according to treaty stipulations.

Article 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 com dition as well as to guard and secure in the most effectual manner the rights guarantied 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 ter ritorial 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 for the same.

Article 8. The United States also agree and sti pulate 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 phisician well supplied with medicines shall ac company each detachment of emigrants removed by the Government. Such persons and families as in the opinion of the emigrating agent 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 years 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.