« FöregåendeFortsätt »
And whereas by the several treaties between the 1835 United Staates and the Osage Indians the Union and Iarmony Missionary reservations which were established or their benefit are now situated within the country eded by them to the United States; the former being ituated 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 Comnissioners for Foreign Missions for the improvements in the same, what they shall be appraised at by Capt. Geo. Vashon Cherokee sub-agent Abraham Redfield ind 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 understood that the United States are to pay the amount allowed for the reservations in this article and not the Cherokees. 1 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 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 Government 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 e 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 condition 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 territorial 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 stie 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 bag- gage wagons shall be furnished to remove them coma
fortably, and so as not to endanger their health, and that a phisician well supplied with medicines shall accompany 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.
Article 9. The United States agree to appoint 1835 itable agents who shall make a just and fair valuation all such improvements now in the possession of the herokees as add any value to the lands; and also of e ferries owned by them, according to their nett come; and such improvements and ferries from which ey have been dispossessed in a lawless manner or ider any existing laws of the State where the same ay be situated.
The just debts of the Indians shall be paid out any moneys due them for their improvements and aims; and they shall also be furnished at the discrein of the President of the United States with a sufient sum to enable them to obtain the necessary eans to remove themselves to their new homes and e balance of their dues shall be paid them at the herokee agency west of the Mississippi. The misonary establishments shall also be valued and appraised a like manner and the amount of them paid over
the United States to the treasurers of the respective issionary societies by whom they have been established id improved in order to enable them to erect such ildings and make such improvements among the herokees west of the Mississippi as they may deem cessary for their benefit. Such teachers at present mong the Cherokees as this council shall select and signate shall be removed west of the Mississippi with e Cherokee nation and on the same terms allowed
Article 10. The President of the United States all invest in some safe and most productive public
cks of the country for the benefit of the whole herokee nation, who have removed or shall remove
the lands assigned by this treaty to the Cherokee
1835 nation to such purposes as they may deem best
the general interest of their people. The sum of thousand dollars to constitute an orphan's fond annual income of which shall be expended towards support and education of such orphan children as destitute of the means of subsistence. The sur one hundred and fifty ihousand dollars in additio the present school fund of the nation shall const a permanent school fund, the interest of which be applied annually by the council of the nation the support of common schools and such a lite institution of a higher order as may be establishe the Indian country. And in order to secure as far possible the true and beneficial application of orphans and school fund the council of the Cherok nation, when required by the President of the Un States shall make a report of the application of funds and he shall at all times, have the right, it funds have been misapplied to correct any abuse them: and direct the manner of their application the purposes for which they were intended. council of the nation may by giving two year's no of their intention withdraw their funds by and the consent of the President and Senate of the Un States, and invest them in such manner as they deem most proper for their interest. The United St also agree and stipulate to pay the just debts claims against the Cherokee nation held by the citi of the same and also the just claims of citizens of United States for services rendered to the nation the sum of sixty thousand dollars is appropriated this purpose but no claims against individual pers of the nation shall be allowed and paid by the nal The sum of three hundred thousand dollars is her set apart to pay and liquidate the just claims of Cherokees upon the United States for spoliations every kind, that have not been already satisfied un former treaties. ...
Article 11. The Cherokee nation of Indians belier it will be for the interest of their people to have their funds and annuities under their own direcu and future disposition hereby agree to commute permanent annuity of ten thousand dollars for they of two hundred and fourteen thousand dollars, "
me to be invested by the President of the United 1835 ates, as a part of the general fund of the nation; d their present school fund amounting to about fifty . busand dollars shall constitute a part of the perinent fund of the nation.
Article 12. Those individuals and families of the ierokee nation that are averse to a removal to the lerokee country west of the Mississippi and are sirous to become citizens of the States where they side and such as are qualified to take care of themves and their property shall be entitled to receive ir due portion of all the personal benefits accruing der this treaty for their claims, improvements and
capita; as soon as an appropriation is made for s treaty.
Such heads of Cherokee families as are desirous to ide within the States of North Carolina, Tennessee, d Alabama subject to the laws of the same; and ho are qualified or calculated to become useful citi. ns shall be entitled, on the certificate of the comssioners' to a pre-emption right to one hundred and ty acres of lands" or one quarter section at the nimum Congress price; so as to include the present ildings or improvements of those who now reside ere and such as do not live there at present shall permitted to locate within two years any lands not eady occupied by persons entitled to pre-emption ivilege under this treaty and if two or more families e on the same quarter section and they desire to ntinue their residence in these States and are quaed as above specified, they shall, on receiving their e-emption certificate be entitled to the right of preaption to such lands as they may select not already ken by any person entitled to them under this treaty. p. It is stipulated and agreed between the United ates and the Cherokee people that John Ross, James arr, George Hicks, John Gunter, George Chamrs, John Ridge, Elias Boudinot, George Sanders, hn Martin, William Rogers, Roman Nose, Situwake d John Timpson, shall be a committee on the part the Cherokees to recommend such persons for the lvilege of pre-emption rights as may be deemed titled to the same under the above articles and to lect the missionaries who shall be removed with the