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Articles of a treaty, concluded at New Echota in the State of Georgia on the 29th
day of Decr. 1835 by General William Carroll and John F. Schermerhorn commissioners
on the part of the United States and the Chiefs Head Men and People of the Cherokee
tribe of Indians.
WHEREAS the Cherokees are anxious to make some arrangements with the Government
of the United States whereby the difficulties they have experienced by a residence
within the settled parts of the United States under the jurisdiction and laws
of the State Governments may be terminated and adjusted; and with a view to
reuniting their people in one body and securing a permanent home for themselves
and their posterity in the country selected by their forefathers without the
territorial limits of the State sovereignties, and where they can establish
and enjoy a government of their choice and perpetuate such a state of society
as may be most consonant with their views, habits and condition; and as may
tend to their individual comfort and their advancement in civilization.
And whereas a delegation of the Cherokee nation composed of Messrs. John Ross
Richard Taylor Danl. McCoy Samuel Gunter and William Rogers with full power
and authority to conclude a treaty with the United States did on the 28th day
of February 1835 stipulate and agree with the Government of the United States
to submit to the Senate to fix the amount which should be allowed the Cherokees
for their claims and for a cession of their lands east of the Mississippi river,
and did agree to abide by the award of the Senate of the United States themselves
and to recommend the same to their people for their final determination.
And whereas on such submission the Senate 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 Mississippi river.”
And whereas this delegation after said award of the Senate had been made, were
called upon to submit propositions as to its disposition to be arranged in a
treaty which they refused to do, but insisted that the same “should be
referred to their nation and there in general council to deliberate and determine
on the subject in order to ensure harmony and good feeling among themselves.”
And whereas a certain other delegation composed of John Ridge Elias Boudinot
Archilla Smith S. W. Bell John West Wm. A. Davis and Ezekiel West, who represented
that portion of the nation in favor of emigration to the Cherokee country west
of the Mississippi entered into propositions for a treaty with John F. Schermerhorn
commissioner on the part of the United States which were to be submitted to
their nation for their final action and determination:
And whereas the Cherokee people at their last October council at Red Clay,
fully authorized and empowered a delegation or committee of twenty persons of
their nation to enter into and conclude a treaty with the United States commissioner
then present, at that place or elsewhere and as the people had good reason to
believe that a treaty would then and there be made or at a subsequent council
at New Echota which the commissioners it was well known and understood, were
authorized and instructed to convene for said purpose; and since the said delegation
have gone on to Washington city, with a view to close negotiations there, as
stated by them notwithstanding they were officially informed by the United States
commissioner that they would not be received by the President of the United
States; and that the Government would transact no business of this nature with
them, and that if a treaty was made it must be done here in the nation, where
the delegation at Washington last winter urged that it should be done for the
purpose of promoting peace and harmony among the people; and since these facts
have also been corroborated to us by a communication recently received by the
commissioner from the Government of the United States and read and explained
to the people in open council and therefore believing said delegation can effect
nothing and since our difficulties are daily increasing and our situation is
rendered more and more precarious uncertain and insecure in consequence of the
legislation of the States; and seeing no effectual way of relief, but in accepting
the liberal overtures of the United States.
And whereas Genl William Carroll and John F. Schermerhorn were appointed commissioners
on the part of the United States, with full power and authority to conclude
a treaty with the Cherokees east and were directed by the President to convene
the people of the nation in general council at New Echota and to submit said
propositions to them with power and authority to vary the same so as to meet
the views of the Cherokees in reference to its details.
And whereas the said commissioners did appoint and notify a general council
of the nation to convene at New Echota on the 21st day of December 1835; and
informed them that the commissioners would be 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 commissioners on the part of
the United States and the chiefs and head men and people of the Cherokee nation
in general council assembled this 29th day of Decr 1835.
ARTICLE 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 Mississippi river,
and hereby release all their claims upon the United States for spoliations of
every kind for and in consideration of the sum of five millions of dollars to
be expended paid and invested in the manner stipulated 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 Mississippi river” have
included and made any allowance or consideration for claims for spoliations
it is therefore agreed on the part of the United States that this question shall
be again submitted to the Senate for their 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.
ARTICLE 2.
Whereas by the treaty of May 6th 1828 and the supplementary treaty thereto of
Feb. 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 following 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 south 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 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 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 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 within the whole described 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 sovereignty 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 accommodation of the
whole nation on their removal west of the Mississippi the United States in consideration
of the sum of five hundred thousand dollars therefore 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 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.
ARTICLE 3.
The United States also agree that the lands above ceded by the treaty of Feb.
14 1833, including the outlet, and those ceded by this treaty shall all be included
in one patent executed to the Cherokee 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; provided that if the private rights of individuals
are interfered with, a just compensation therefor 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 satisfactory conveyance for the same, to the United States,
the sum of fifteen thousand dollars according to a schedule accompanying this
treaty of the relative value of the several reservations.
And whereas by the several treaties between the United States 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 American 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 allowed for the same shall be expended
in schools among the 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.
ARTICLE 5.
The United States hereby covenant and agree that the lands ceded to the Cherokee
nation in the forgoing 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 Congress as have been or may be passed
regulating trade and intercourse with the Indians; and also, that they stall
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 peace and friendship 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 enemies and against intestine wars between
the several tribes. The Cherokees shall endeavor to 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 among them 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 stipulate 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 physician
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 year's 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 suitable agents who shall make a just and
fair valuation of all such improvements now in the possession of the Cherokees
as add any value to the lands; and also of the ferries owned by them, according
to their net income; and such improvements and ferries from which they have
been dispossessed in a lawless manner or under any existing laws of the State
where the same may be situated.
The just debts of the Indians shall be paid out of any monies due them for
their improvements and claims; and they shall also be furnished at the discretion
of the President of the United States with a sufficient sum to enable them to
obtain the necessary means to remove themselves to their new homes, and the
balance of their dues shall be paid them at the Cherokee agency west of the
Mississippi. The missionary establishments shall also be valued and appraised
in a like manner and the amount of them paid over by the United States to the
treasurers of the respective missionary societies by whom they have been established
and improved in order to enable them to erect such buildings and make such improvements
among the Cherokees west of the Mississippi as they may deem necessary for their
benefit. Such teachers at present among the Cherokees as this council shall
select and designate shall be removed west of the Mississippi with the Cherokee
nation and on the same terms allowed to them.
ARTICLE 10.
The President of the United States shall invest in some safe and most productive
public stocks of the country for the benefit of the whole Cherokee nation who
have removed or shall remove to the lands assigned by this treaty to the Cherokee
nation west of the Mississippi the following sums as a permanent fund for the
purposes hereinafter specified and pay over the net income of the same annually
to such person or persons as shall be authorized or appointed by the Cherokee
nation to receive the same and their receipt shall be a full discharge for the
amount paid to them viz: the sum of two hundred thousand dollars in addition
to the present annuities of the nation to constitute a general fund the interest
of which shall be applied annually by the council of the nation to such purposes
as they may deem best for the general interest of their people. The sum of fifty
thousand dollars to constitute an orphans' fund the annual income of which shall
be expended towards the support and education of such orphan children as are
destitute of the means of subsistence. The sum of one hundred and fifty thousand
dollars in addition to the present school fund of the nation shall constitute
a permanent school fund, the interest of which shall be applied annually by
the council of the nation for the support of common schools and such a literary
institution of a higher order as may be established in the Indian country. And
in order to secure as far as possible the true and beneficial application of
the orphans' and school fund the council of the Cherokee nation when required
by the President of the United States shall make a report of the application
of those funds and he shall at all times have the right if the funds have been
misapplied to correct any abuses of them and direct the manner of their application
for the purposes for which they were intended. The council of the nation may
by giving two years' notice of their intention withdraw their funds by and with
the consent of the President and Senate of the United States, and invest them
in such manner as they may deem most proper for their interest. The United States
also agree and stipulate to pay the just debts and claims against the Cherokee
nation held by the citizens of the same and also the just claims of citizens
of the United States for services rendered to the nation and the sum of sixty
thousand dollars is appropriated for this purpose but no claims against individual
persons of the nation shall be allowed and paid by the nation. The sum of three
hundred thousand dollars is hereby set apart to pay and liquidate the just claims
of the Cherokees upon the United States for spoliations of every kind, that
have not been already satisfied under former treaties.
ARTICLE 11.
The Cherokee nation of Indians believing it will be for the interest of their
people to have all their funds and annuities under their own direction and future
disposition hereby agree to commute their permanent annuity of ten thousand
dollars for the sum of two hundred and fourteen thousand dollars, the same to
be invested by the President of the United States as a part of the general fund
of the nation; and their present school fund amounting to about fifty thousand
dollars shall constitute a part of the permanent school fund of the nation.
ARTICLE 12.
Those individuals and families of the Cherokee nation that are averse to a removal
to the Cherokee country west of the Mississippi and are desirous to become citizens
of the States where they reside and such as are qualified to take care of themselves
and their property shall be entitled to receive their due portion of all the
personal benefits accruing under this treaty for their claims, improvements
and per capita; as soon as an appropriation is made for this treaty.
Such heads of Cherokee families as are desirous to reside within the States
of No. Carolina, Tennessee, and Alabama subject to the laws of the same; and
who are qualified or calculated to become useful citizens shall be entitled,
on the certificate of the commissioners to a preemption right to one hundred
and sixty acres of land or one quarter section at the minimum Congress price;
so as to include the present buildings or improvements of those who now reside
there and such as do not live there at present shall be permitted to locate
within two years any lands not already occupied by persons entitled to pre-emption
privilege under this treaty and if two or more families live on the same quarter
section and they desire to continue their residence in these States and are
qualified as above specified they shall, on receiving their pre-emption certificate
be entitled to the right of pre-emption to such lands as they may select not
already taken by any person entitled to them under this treaty.
It is stipulated and agreed between the United States and the Cherokee people
that John Ross, James Starr, George Hicks, John Gunter, George Chambers, John
Ridge, Elias Boudinot, George Sanders, John Martin , William Rogers, Roman Nose
Situwake, and John Timpson shall be a committee on the part of the Cherokees
to recommend such persons for the privilege of pre-emption rights as may be
deemed entitled to the same under the above articles and to select the missionaries
who shall be removed with the nation; and that they be hereby fully empowered
and authorized to transact all business on the part of the Indians which may
arise in carrying into effect the provisions of this treaty and settling the
same with the United States. If any of the persons above mentioned should decline
acting or be removed by death; the vacancies shall be filled by the committee
themselves.
It is also understood and agreed that the sum of one hundred thousand dollars
shall be expended by the commissioners in such manner as the committee deem
best for the benefit of the poorer class of Cherokees as shall remove west or
have removed west and are entitled to the benefits of this treaty. The same
to be delivered at the Cherokee agency west as soon after the removal of the
nation as possible.
ARTICLE 13.
In order to make a final settlement of all the claims of the Cherokees for reservations
granted under former treaties to any individuals belonging to the nation by
the United States it is therefore hereby stipulated and agreed and expressly
understood by the parties to this treaty—that all the Cherokees and their
heirs and descendants to whom any reservations have been made under any former
treaties with the United States, and who have not sold or conveyed the same
by deed or otherwise and who in the opinion of the commissioners have complied
with the terms on which the reservations were granted as far as practicable
in the several cases; and which reservations have since been sold by the United
States shall constitute a just claim against the United States and the original
reservee or their heirs or descendants shall be entitled to receive the present
value thereof from the United States as unimproved lands. And all such reservations
as have not been sold by the United States and where the terms on which the
reservations were made in the opinion of the commissioners have been complied
with as far as practicable, they or their heirs or descendants shall be entitled
to the same. They are hereby granted and confirmed to them—and also all
persons who were entitled to reservations under the treaty of 1817 and who as
far as practicable in the opinion of the commissioners, have complied with the
stipulations of said treaty, although by the treaty of 1819 such reservations
were included in the unceded lands belonging to the Cherokee nation are hereby
confirmed to them and they shall be entitled to receive a grant for the same.
And all such reservees as were obliged by the laws of the States in which their
reservations were situated, to abandon the same or purchase them from the States
shall be deemed to have a just claim against the United States for the amount
by them paid to the States with interest thereon for such reservations and if
obliged to abandon the same, to the present value of such reservations as unimproved
lands but in all cases where the reservees have sold their reservations or any
part thereof and conveyed the same by deed or otherwise and have been paid for
the same, they their heirs or descendants or their assigns shall not be considered
as having any claims upon the United States under this article of the treaty
nor be entitled to receive any compensation for the lands thus disposed of.
It is expressly understood by the parties to this treaty that the amount to
be allowed for reservations under this article shall not be deducted out of
the consideration money allowed to the Cherokees for their claims for spoilations
and the cession of their lands; but the same is to be paid for independently
by the United States as it is only a just fulfillment of former treaty stipulations.
ARTICLE 14.
It is also agreed on the part of the United States that such warriors of the
Cherokee nation as were engaged on the side of the United States in the late
war with Great Britain and the southern tribes of Indians, and who were wounded
in such service shall be entitled to such pensions as shall be allowed them
by the Congress of the United States to commence from the period of their disability.
ARTICLE 15.
It is expressly understood and agreed between the parties to this treaty that
after deducting the amount which shall be actually expended for the payment
for improvements, ferries, claims, for spoliations, removal subsistence and
debts and claims upon the Cherokee nation and for the additional quantity of
lands and goods for the poorer class of Cherokees and the several sums to be
invested for the general national funds; provided for in the several articles
of this treaty the balance whatever the same may be shall be equally divided
between all the people belonging to the Cherokee 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 enrollment and removal to all the benefits
resulting from the final treaty between the United States and the Cherokees
east they shall also be paid for their improvements according to their approved
value before their removal where fraud has not already been shown in their valuation.
ARTICLE 16.
It is hereby stipulated and agreed by the Cherokees that they shall remove to
their new homes within two years from the ratification of this treaty and that
during such time the United States 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 improvements and houses; and for which no grant has
actually issued previously to the enactment of the law of the State of Georgia,
of December 1835 to regulate Indian occupancy shall be again put in possession
and placed in the same situation and condition, in reference to the laws of
the State of Georgia, as the Indians that have not been dispossessed; and if
this is not done, and the people are left unprotected, then the United States
shall pay the several Cherokees for their losses and damages sustained by them
in consequence thereof. And it is also stipulated and agreed that the public
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 Indian 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. J. Meigs
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.
ARTICLE 17.
All the claims arising under or provided for in the several articles of this
treaty, shall be examined and adjudicated by such commissioners as shall be
appointed by the President of the United States by and with the advice and consent
of the Senate of the United States for that purpose and their decision shall
be final and on their certificate of the amount due the several claimants they
shall be paid by the United States. All stipulations in former treaties which
have not been superseded or annulled by this shall continue in full force and
virtue.
ARTICLE 18.
Whereas in consequence of the unsettled affairs of the Cherokee people and the
early frosts, their crops are insufficient to support their families and great
distress is likely to ensue and whereas the nation will not, until after their
removal be able advantageously to expend the income of the permanent funds of
the nation it is therefore agreed that the annuities of the nation which may
accrue under this treaty for two years, the time fixed for their removal shall
be expended in provision and clothing for the benefit of the poorer class of
the nation and the United States hereby agree to advance the same for that purpose
as soon after the ratification of this treaty as an appropriation for the same
shall be made. It is however not intended in this article to interfere with
that part of the annuities due the Cherokees west by the treaty of 1819.
ARTICLE 19.
This treaty after the same shall be ratified by the President and Senate of
the United States shall be obligatory on the contracting parties.
ARTICLE 20.
[Supplemental article. Stricken out by Senate.]
In testimony whereof, the commissioners and the chiefs, head men, and people
whose names are hereunto annexed, being duly authorized by the people in general
council assembled, have affixed their hands and seals for themselves, and in
behalf of the Cherokee nation.
I have examined the foregoing treaty, and although not present when it was made,
I approve its provisions generally, and therefore sign it.
Wm. Carroll,
J. F. Schermerhorn.
Major Ridge, his x mark, [L. S.]
James Foster, his x mark, [L. S.]
Tesa-ta-esky, his x mark, [L. S.]
Charles Moore, his x mark, [L. S.]
George Chambers, his x mark, [L. S.]
Tah-yeske, his x mark, [L. S.]
Archilla Smith, his x mark, [L. S.]
Andrew Ross, [L. S.]
William Lassley, [L. S.]
Cae-te-hee, his x mark , [L. S.]
Te-gah-e-ske, his x mark, [L. S.]Robert Rogers, [L. S.]
John Gunter, [L. S.]
John A. Bell, [L. S.]
Charles F. Foreman, [L. S.]
William Rogers, [L. S.]
George W. Adair, [L. S.]
Elias Boudinot, [L. S.]
James Starr, his x mark, [L. S.]
Jesse Half-breed, his x mark, [L. S.]
Signed and sealed in presence of—
Western B. Thomas, secretary.
Ben. F. Currey, special agent.
M. Wolfe Batman, first lieutenant, sixth U. S. infantry, disbursing agent.
Jon. L. Hooper, lieutenant, fourth Infantry.
C. M Hitchcock, M. D., assistant surgeon, U.S.A.
G. W. Currey,
Wm. H. Underwood,
Cornelius D. Terhune,
John W. H. Underwood.
In compliance with instructions of the council at New Echota, we sign this
treaty.
Stand Watie,
John Ridge.
March 1, 1836.
Witnesses:
Elbert Herring,
Alexander H. Everett,
John Robb,
D. Kurtz,
Wm.Y. Hansell,
Samuel J. Potts,
Jno. Litle,
S. Rockwell.
Dec. 31, 1835 | 7 Stat., 487.
Whereas the western Cherokees have appointed a 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
at New Echota between their eastern brethren and the United States; and having
fully understood the provisions of the same they agree to it in behalf of the
western Cherokees. But it is expressly understood that nothing in this treaty
shall affect any claims of the western Cherokees on the United States.
In testimony whereof, we have, this 31st day of December, 1835, hereunto set
our hands and seals.
James Rogers,
John Smith.
Delegates from the western Cherokees.
Test:
Ben. F. Currey, special agent.
M. W. Batman, first lieutenant, Sixth Infantry,
Jno. L. Hooper, lieutenant, Fourth Infantry,
Elias Boudinot.
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