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Articles of a convention made and entered into between George Graham, specially
authorized thereto by the President of the United States, and the undersigned
Chiefs and Headmen of the Cherokee Nation, duly authorized and empowered by the
said Nation.
ARTICLE 1.
Whereas doubts have existed in relation to the northern boundary of that part
of the Creek lands lying west of the Coosa river, and which were ceded to the
United States by the treaty held at Fort Jackson, on the ninth day of August,
one thousand eight hundred and fourteen; and whereas, by the third article of
the Treaty, dated the seventh of January, one thousand eight hundred and six,
between the United States and the Cherokee nation, the United States have recognised
a claim on the part of the Cherokee nation to the lands south of the Big Bend
of the Tennessee river, and extending as far west as a place on the waters of
Bear Creek, [a branch of the Tennessee river,] known by the name of the Flat
Rock, or Stone; it is, therefore, now declared and agreed, that a line shall
be run from a point on the west bank of the Coosa river, opposite to the lower
end of the Ten Islands in said river, and above Port Strother, directly to the
Flat Rock or Stone, on Bear creek, [a branch of the Tennessee river;] which
line shall be established as the boundary of the lands ceded by the Creek nation
to the United States by the treaty held at Fort Jackson, on the ninth day of
August, one thousand eight hundred and fourteen, and of the lands claimed by
the Cherokee nation lying west of the Coosa and south of the Tennessee rivers.
ARTICLE 2.
It is expressly agreed on the part of the Cherokee nation that the United States
shall have the right to lay off, open, and have the free use of, such road or
roads, through any part of the Cherokee nation, lying north of the boundary
line now established, as may be deemed necessary for the free intercourse between
the States of Tennessee and Georgia and the Mississippi Territory. And the citizens
of the United States shall freely navigate and use as a highway, all the rivers
and waters within the Cherokee nation. The Cherokee nation further agree to
establish and keep up, on the roads to be opened under the sanction of this
article, such ferries and public houses as may be necessary for the accommodation
of the citizens of the United States.
ARTICLE 3.
In order to preclude any dispute hereafter, relative to the boundary line now
established, it is hereby agreed that the Cherokee nation shall appoint two
commissioners to accompany the commissioners already appointed on the part of
the United States, to run the boundary lines of the lands ceded by the Creek
nation to the United States, while, they are engaged in running that part of
the boundary established by the first article of this treaty.
ARTICLE 4.
In order to avoid unnecessary expense and delay, it is further agreed that,
whenever the President of the United States may deem it expedient to open a
road through any part of the Cherokee nation, in pursuance of the stipulations
of the second article of this Convention, the principal chief of the Cherokee
nation shall appoint one commissioner to accompany the commissioners appointed
by the President of the United States, to lay off and mark the road; and the
said commissioner shall be paid by the United States.
ARTICLE 5.
The United States agree to indemnify the individuals of the Cherokee nation
for losses sustained by them in consequence of the march of the militia and
other troops in the service of the United States through that nation; which
losses have been ascertained by the agents of the United States to the amount
of twenty-five thousand five hundred dollars.
In testimony whereof, the said commissioner and the undersigned chiefs and
head men of the Cherokee nation, have hereunto set their hands and seals. Done
at the city of Washington, this twenty-second day of March, one thousand eight
hundred and sixteen.
George Graham, [L. S.]
Colonel John Lowry, his x mark, [L. S.]
Major John Walker, his x mark, [L. S.]
Major Ridge, his x mark, [L. S.]
Richard Taylor, [L. S.]
John Ross, [L. S.]
Cheucunsene, his x mark, [L. S.]
Witnesses present at signing and sealing:
Return J. Meigs,
Jacob Laub,
Gid. Davis.
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Treaty of 1816 
