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1835 nation; and that they be hereby fully empowered
authorized to transact all business on the part of Indians which may arise in carrying into effect provisions of this treaty and settling the same ibe United States. If any of the persons above tioned should decline acting or be removed by d the vacancies shall be filled by the committee thems
It is also understood and agreed that the su one hundred thousand dollars sball be expende the commissioners in such manner as the committee best for the benefit of the poorer class of Cheroke shall remove west or have removed west and are ent to the benefits of this treaty.. The same to be delive at the Cherokee agency west as soon after the ret val of the nation as possible.
. Art. 13. In order to make a final settlement of the claims of the Cherokees for reservations gran under former treaties to any individuals belongin the nation by the United States' it is therefore he stipulated and agreed and expressly understood by parties to this treaty that all the Cherokees and heirs and descendants to whom any reservations been made under any former treaties with the US States and who have not sold or conveyed the sam deed or otherwise and who in the opinion of the missioners have complied with the terms on which reservations were granted as far as practicable in several cases; and which reservations have since sold by the United States shall constitute a just against the United States and the original reserve their heirs or descendants shall be entitled to red the present value thereof from the United State unimproved lands. And all such reservations as ! not been sold by the United States and where terms on which the reservations were made in the nion of the commissioners have been complied will far as practicable, they or their heirs or descend shall be entitled to the same. They are ber granted and confirmed to them and also all per who were entitled to reservations under the tri of 1817 and who as far as practicable in the nion of the commissioners have complied with stipulations of said treaty, although by the treaty 1819 such reservations were included in the un d lands belonging to the Cherokee nation as hereby 1835 afirmed to them and they shall be entitled to receive grant for the same. And all such reservees as were, iged by the laws of the States in which their revations situated to abandon the same or, purchase m from the States shall be demed to have a just im against the United States for the amount by m paid to the States with interest thereon for such ervations and if 'obliged to abandon the same, to
present value of such reservations as unimproved ds but in all cases where the reservees have sold ir reservations or any part thereof and, conveyed same by deed or otherwise and have been paid the same, they, their heirs or descendants or their igns shall not be considered as having any claims on the United States under this article of the treaty r be entitled to receive any compensation for the ads thus disposed of. It is expressly understood by e parties to this treaty that the amount to be alved for reservations under this article shall not be dected out of the consideration money allowed to the jerokees for their claims for spoliations and the cesin of their lands; but the same is to be paid for inpendently by the United States as it is only a just fillment of former treaty stipulations. | Article 14. It is also agreed on the part of the nited States that such warriors of the Cherokee nan as were engaged on the side of the United Sta3 in the late war with Great Britain and the souern tribes of Indians, and who were wounded in such rvice shall be entitled to such pensions as shall be lowed them by the Congress of the United States commence from the period of their disability.
Article 15. It is expressly understood and agreed ptween the parties to this treaty that 'after deducting le amount which shall be actually expended for the ayment for improvements, ferries, claims, for spoliaons, removal subsistence and debts and claiins upon le Cherokee nation and for the additional quantity of nds and goods for the poorer class of Cherokees and le several sums to be invested for the general national inds provided for in the several articles of this treaty le balance whatever the same may be, shall be equally ivided between all the people belonging to the Cherokee
proches persone and beviously to the
1835 nation east according to the census just completed;
and such Cherokees as have removed west since June 1833 who are entitled by the terms of their enrolment and removal to all the benefits resulting from the final treaty between the United States and the Cherokee east they shall also be paid for their improvement according to their approved value before their removal where fraud has not already been shown in the valuation.
Article 16. It is hereby stipulated and agreed by the Cherokees that they shall remove to their nex homes within two years from the ratification of the treaty and that during such time the United State shall protect and defend them in their possessions and property and free use and occupation of the same and such persons as have been dispossessed of their inprovements and houses; and for which no grant us actually issued previously to the enactment of the lan of the State of Georgia, as the Indians that have nok been dispossessed; and if this is not done; and the people are left unprotected;, then the United State shall pay the several Cherokees for their losses and damages sustained by them in consequence thereol And it is also stipulated and agreed that the publid buildings and improvements on which they are situated at New Echota for which no grant has been actually made previous to the passage of the above recited act; if not occupied by the Cherokee people shall be reserved for the public and free use of the United States and the Cherokee Indians for the purpose of settling and closing all the business arising under this treaty between the commissioners of claims and the Indians.
The United States, and the several States interested in the Cherokee lands, shall immediately proceed to survey the lands ceded by this treaty; but it is expressly agreed and understood between the parties that the agency buildings and that tract of land surveyed and laid off for the use of Colonel R. Meigol Indian agent or heretofore enjoyed and occupied by his successors in office shall continue subject to the use and occupancy of the United States or such agent as may be engaged specially superintending the removal of the tribe.
tes. Asuperseded tule.
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Article 17. All the claims arising under or provided 1835 in the several articles of this treaty, shall be mined and adjudicated by Gen. Wm. Carroll and n F. Schermerhorn or by such commissioners as I be appointed by the President of the United tes for that purpose and their decision shall be I and on their certificate of the amount due the ral claimants they shall be paid by the United tes. All stipulations in former treaties, which have been superseded or annulled by this, shall continue full force and virtue..
Article 18. Whereas in consequence of the unsettled irs of the Cherokee people and the early frosts, r crops are insufficient to support their families
great distress is likely to ensue and whereas the on will not, until after their removal, be able antageously to expend the income of the permanent ds of the nation it is therefore agreed that the luities of the nation which may accrue under this ity for two years, the time fixed for their removal Il be expended in provision and clothing for the efit of the poorer class of the nation; and the ted States hereby agree to advance the same for "
purpose, as soon after the ratification of this ity as an appropriation for the same shall be made, s however not intended in this article to interfere I that part of the 'annuities due the Cherokees west the treaty of 1819.
Article 19. This treaty after the same shall be fied by the President and Senate of the United tes shall be obligatory on the contracting parties.
In testimony whereof, the commissioners and the ifs head men and people, whose names are hereunto exed being duly authorized by the people in general ncil assembled have affixed their hands and seals themselves in behalf of the Cherokee nation. I have examined the foregoing treaty and although present when it was made, I approve its provisions jerally, and therefore sign it."
(Signatures des Indiens.) In compliance with instructions of the Council at w Echota we sign this treaty.
STAND WATIE. JOHN RIDGE.
on the series
the reasons of honey Rupert
1835 The following article was adopted as a supple
mental 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 bare 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 cession of land without having made payment to the Indian therefore. 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 a fecting the Indians in any manner whatever.
. A. Mc. Coy, Clerk Committee
W. B. THOMAS, Secry. In compliance with the unanimous request of the Committee of the Cherokee nation in general cound assembled, it is consented and agreed by the commis sioner on the part of the United States that the fore going shall be added as a supplemental article to the treaty under the express condition and stipulation thal if the President or Senate of the United States disap prove of this article it may be rejected without im pairing any other provision of this treaty, or affecting the Indians in any manner whatever.
J. F. SCHERMERHORN. p Whereas the western Cherokees have appointed 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 signing and sealing of the treaty lately concluded