and bounded as follows, to wit: easterly, by the land confirmed to Oliver Phelps and Nathaniel Gorham by the legislature of the commonwealth of Massachusetts, by an act passed the twenty-first day of November, in the year of our Lord one thousand seven hundred and eighty-eight; southerly, by the north boundary line of the State of Pennsylvania; westerly, partly by a tract of land, part of the land ceded by the State of Massachusetts to the United States, and by them sold to Pennsylvania, being a right angled triangle, whose hypothenuse is in or along the shore of lake Erie; partly by lake Erie, from the northern point of that triangle to the southern bounds of a tract of land one mile in width, lying on and along the east side of the strait of Niagara, and partly by the said tract to lake Ontario; and on the north by the boundary line between the United States and the King of Great Britain; excepting nevertheless, and always reserving out of this grant and conveyance, all such pieces or parcels of the aforesaid tract, and such privileges thereunto belonging, as are next hereinafter particularly mentioned, which said pieces or parcels of land so excepted, are, by the parties to these presents, clearly and fully understood to remain the property of the said parties of the first part, in ast full and ample manner as if these presents had not been executed; that is to say, excepting and reserving to them, the said parties of the first part, and their nation, one piece or parcel of the aforesaid tract, at Canawagus, of two square miles, to be laid out in such manner as to include the village, extending in breadth one mile along the river; one other piece or parcel at Big Tree, of two square miles, to be laid out in such manner as to include the village, extending in breadth along the river one mile; one other piece or parcel of two square miles at Little Beard's town, extending one mile along the river, to be laid off in such manner as to include the village; one other tract of two square miles, at" Squawky Hill, to be laid off as follows, to wit: one square mile to be laid off along the river, in such manner as to include the village, the other directly west thereof and contiguous thereto; one other piece or parcel at Gardeau, beginning at the mouth of Steep Hill creek, thence due east, until it strikes the old path, thence south until a due west line will intersect with certain steep rocks on the west side of Genesee river, then extending due west, due north, and due east, until it strikes the first mentioned bound, enclosing as much land on the west side as on the east side of the river. One other piece or parcel at Kaounadeau, extending in length eight miles along the river and two miles in breadth. One other piece or parcel at Cataraugos, beginning at the mouth of the Eighteen mile or Koghquaugu creek, thence a line or lines to be drawn parallel to lake Erie, at the distance of one mile from the lake, to the mouth of Cataraugos creek, thence a line or lines extending twelve miles up the north side of said creek at the distance of one mile therefrom, thence a direct line to the said creek, thence down the said creek to lake Erie, thence along the lake to the first mentioned creek, and thence to the place of beginning. Also, one other piece at Cataraugos, beginning at the shore of lake Erie, on the south side of Cataraugos creek, at the distance of one mile from the mouth thereof, thence running one mile from the lake, thence on a line parallel thereto to a point within one mile from the Connondauweyea creek, thence up the said creek one mile, on a line parallel thereto, thence on a direct line to the said creek, thence down the same to lake Erie, thence along the lake to the place of beginning. Also one other piece or parcel of forty-two square miles, at or near the Allegenny river. Also, two hundred square miles, to be laid off partly at the Buffalo and partly at the Tannawanta creeks. Also excepting and reserving to them, the said parties of the first part and their heirs, the privilege of fishing and hunting on the said tract of land hereby intended to be conveyed. And it is hereby understood by and between the parties to these presents, that all such pieces or parcels of land as are hereby reserved, and are not particularly described as to the manner in which the same are to be laid off, shall be laid off in such manner as shall be determined by the sachems and chiefs residing at or near the respective villages where such reservations are made, a particular note whereof to be endorsed on the back of this deed, and recorded therewith, together with all and singular the rights, privileges, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining. And all the estate, right, title, and interest, whatsoever, of them the said parties of the first part and their nation, of, in, and to the said tract of land above described, except as is above excepted, to have and to hold all and singular the said granted premises, with the appurtenances, to the said party of the second part, his heirs and assigns, to his and their proper use, benefit, and behoof forever. In witness whereof, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written. Robert Morris, by his attorney, Thomas Morris, L. S. Koyengquahtah, alias Young King, his x mark, L. S. Soonookshewan, his x mark, L. S. Konutaico, alias Handsome Lake, his x mark, L. S. Sattakanguyase, alias Two Skies of a length, his x mark, L. S. Onayawos, or Farmer's Brother, his x mark, L. S. Soogooyawautau, alias Red Jacket, his x mark, L. S. Gishkaka, alias Little Billy, his x mark, L. S. Kaoundoowana, alias Pollard, his x mark, L. S. Ouneashataikau, or Tall Chief, by his agent, Stevenson, his x mark, L. S. Teahdowainggua, alias Thos. Jemison, his x mark, L. S. Koeentwahka, or Corn Planter, his x mark, Sooeoowa, alias Parrot Nose, his x mark, L. S. L. S. L. S. L. S. Oosaukaunendauki, alias to Destroy a Town, his x mark, Toonahookahwa, his x mark, L. S. L. S. L. S. Shequinedaughque, or Little Beard, his x mark, L. S. Soononjuwau, his x mark, L. S. Tonowauiya, or Captain Bullet, his x mark, L. S. Hautwanauekkau, by Young King, his x mark, L. S. Sauwejuwan, his x mark, L. S. Kaunoohshauwen, his x mark, L. S. Taukonondaugekta, his x mark, L. S. Kaouyanoughque, or John Jemison, his x mark, Done at a full and general treaty of the Seneka nation of Indians, held at Genesee, in the county of Ontario, and State of New York, on the fifteenth day of September, in the year of our Lord one thousand seven hundred and ninety-seven, under the authority of the United States. In testimony whereof, I have hereunto set my hand and seal, the day and year aforesaid. JERE. WADSWORTH, [L. S.] Pursuant to a resolution of the legislature of the Commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninety-one, I have attended a full and general treaty of the Seneka nation of Indians, at Genesee, in the county of Ontario, when the within instrument was duly executed in my presence by the sachems, chiefs, and warriors of the said nation, being fairly and properly understood and transacted by all the parties of Indians concerned, and declared to be done to their universal satisfaction: I therefore certify and approve of the same. Subscribed in presence of WILLIAM SHEPARD. CHEROKEES. [CONCLUDED OCTOBER 2, 1798. ] Articles of a treaty between the United States of America, and the Cherokee Indians. Whereas the treaty made and concluded on Holston river, on the second day of July, in the year one thousand seven hundred and ninety-one, between the United States of America, and the Cherokee nation of Indians, had not been carried into execution, for some time thereafter, by reason of some misunderstandings which had arisen: and whereas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect, and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made, and concluded, by and between them, at Philadelphia, the twenty-sixth day of June, in the year one thousand seven hundred and ninety-four: in which, among other things, it was stipulated, that the boundaries mentioned in the fourth article of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said article, whenever the Cherokee nation should have ninety days' notice of the time and place at which the commissioners of the United States intended to commence their operation: and whereas, further delays in carrying the said fourth article into complete effect did take place, so that the boundaries mentioned and described therein, were not regularly ascertained and marked, until the latter part of the year one thousand seven hundred and ninety-seven; before which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers citizens of the United States, upon the Indian lands over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties; but which settlers were removed from the said Indian lands, by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as the nature of the case had admitted: and whereas, for the purpose of doing justice to the Cherokee nation of Indians, and remedying inconveniences arising to citizens of the United States, from the adjustment of the boundary line between the lands of the Cherokees and those of the United States, or the citizens thereof, or from any other cause in relation to the Cherokees; and in order to promote the interests and safety of the said States, and the citizens thereof, the President of the United States, by and with the advice and consent of the Senate thereof, hath appointed George Walton, of Georgia; and the President of the United States hath also appointed lieutenant colonel Thomas Butler, commanding the troops of the United States, in the State of Tennessee, to be commissioners for the purpose aforesaid; and who, on the part of the United States, and the Cherokee nation, by the undersigned chiefs and warriors, representing the said nation, have agreed to the following articles, namely: ART. 1. The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued, and declared perpetual. ART. 2. The treaties subsisting between the present contracting parties, are acknowledged to be of full and operating force; together with the construction and usage under their respective articles, and so to continue. ART. 3. The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty. ART. 4. In acknowledgment for the protection of the United States, and for the considerations hereinafter expressed and contained, the Cherokee nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz. from a point on the Tennessee river, below Tellico block house, called the Wildcat Rock, in a direct line to the Militia spring near the Maryville road leading from Tellico. From |