of establishing permanent peace and friendship, have, for the purpose of removing all difficulties, agreed to the following terms: Cession to the ART. 1. The said chiefs and warriors, for themselves and the tribes they represent, agree to relinquish, and hereby do relinquish, to the United States. United States, all their right, claim, and title, to all the land contained in the before-mentioned cession of the Sacs and Foxes, which lies south of a due west line from the southern extremity of Lake Michigan to the Mississippi river. And they moreover cede to the United States all the land contained within the following bounds, to wit: beginning on the left bank of the Fox river of Illinois, ten miles above the mouth of said Fox river; thence running so as to cross Sandy creek, ten miles above its mouth; thence, in a direct line, to a point ten miles north of the west end of the Portage, between Chicago creek, which empties into Lake Michigan, and the river Depleines, a fork of the Illinois; thence, in a direct line, to a point on Lake Michigan, ten miles northward of the mouth of Chicago creek; thence, along the lake, to a point ten miles southward of the mouth of the said Chicago creek; thence, in a direct line, to a point on the Kankakee, ten miles above its mouth; thence, with the said Kankakee and the Illinois river, to the mouth of Fox river, and thence to the beginning: Provided, nevertheless, That the said tribes shall be permitted to hunt and to fish within the limits of the land hereby relinquished and ceded, so long as it may continue to be the property of the United States. Proviso. Relinquishment by U.S. ART. 2. In consideration of the aforesaid relinquishment and cession, Consideration. the United States have this day delivered to said tribes a considerable quantity of merchandise, and do agree to pay them, annually, for the term of twelve years, goods to the value of one thousand dollars, reckoning that value at the first cost of the goods in the city or place in which they shall be purchased, without any charge for transportation; which said goods shall be delivered to the said tribes at some place on the Illinois river, not lower down than Peoria. And the said United States do moreover agree to relinquish to the said tribes all the land contained in the aforesaid cession of the Sacs and Foxes, which lies north of a due west line, from the southern extremity of Lake Michigan to the Mississippi river, except three leagues square at the mouth of the Ouisconsing river, including both banks, and such other tracts, on or near to the Ouisconsing and Mississippi rivers, as the president of the United States may think proper to reserve: Provided, That such other tracts shall not in the whole exceed the quantity that would be contained in five leagues square. Proviso. Peace and ART. 3. The contracting parties, that peace and friendship may be permanent, promise that in all things whatever, they will act with justice friendship. and correctness towards each other, and that they will, with perfect good faith, fulfill all the obligations imposed upon them by former treaties. In witness whereof, the said Ninian Edwards, William Clark, and Auguste Chouteau, commissioners aforesaid, and the chiefs and warriors of the aforesaid tribes, have hereunto subscribed their names and affixed their seals, this twenty-fourth day of Auguste, one thousand eight hundred and sixteen, and of the independance of the United States the forty-first. NINIAN EDWARDS, Done at St. Louis, in the presence of R. Wash, secretary to the commission. R. Sept. 14, 1816. Proclamation, Dec. 30, 1816. Peace and friendship. Boundary line. Relinquishment and cession by Cherokees. TREATY WITH THE CHEROKEES. To perpetuate peace and friendship between the United States and Cherokee tribe, or nation, of Indians, and to remove all future causes of dissension which may arrise from indefinite territorial boundaries, the president of the United States of America, by major general Andrew Jackson, general David Meriwether, and Jesse Franklin, esquire, commissioners plenipotentiary on the one part, and the Cherokee delegates on the other, covenant and agree to the following articles and conditions, which, when approved by the Cherokee nation, and constitutionally ratified by the government of the United States, shall be binding on all parties: ART. 1. Peace and friendship are hereby firmly established between the United States and Cherokee nation or tribe of Indians. ART. 2. The Cherokee nation acknowledge the following as their western boundary: South of the Tennessee river, commencing at Camp Coffee, on the south side of the Tennessee river, which is opposite the Chickasaw Island, running from thence a due south course to the top of the dividing ridge between the waters of the Tennessee and Tombigby rivers, thence eastwardly along said ridge, leaving the head waters of the Black Warrior to the right hand, untill opposed by the west branch of Well's Creek, down the east bank of said creek to the Coosa river, and down said river. ART. 3. The Cherokee nation relinquish to the United States all claim, and cede all title to lands laying south and west of the line, as described in the second article; and, in consideration of said relinquishment and cession, the commissioners agree to allow the Cherokee nation an annuity of six thousand dollars, to continue for ten successive years, and five thousand dollars, to be paid in sixty days after the ratification of the treaty, as a compensation for any improvements which the said nation may have had on the lands surrendered. Line to be run ART. 4. The two contracting parties covenant, and agree, that the line, as described in the second article, shall be ascertained and marked by U.S. by commissioners, to be appointed by the president of the United States; that the marks shall be bold; trees to be blazed on both sides of the line, and the fore and aft trees to be marked with the letters U. S.; that the commissioners shall be accompanied by two persons, to be appointed by the Cherokee nation, and that said nation, shall have due and seasonable notice when said operation is to be commenced. ART. 5. It is stipulated that the Cherokee nation will meet general A council to Andrew Jackson, general David Meriwether, and Jesse Franklin, be held. esquire, in council, at Turkey's Town, Coosa river, on the 28th of September, (instant,) there and then to express their approbation, or not, of the articles of this treaty; and if they do not assemble at the time and place specified, it is understood that the said commissioners may report the same as a tacit ratification, on the part of the Cherokee nation, of this treaty. In testimony whereof, the said commissioners, and undersigned chiefs and delegates of the Cherokee nation, have hereto set their hands and seals. Done at the Chickasaw council house, this fourteenth day of September, in the year of our Lord one thousand eight hundred and sixteen. WITNESS, James Gadsden, secretary to the commissioners. Arthur P. Hayne, inspector general, division of the south. James C. Bronaugh, hospital surgeon, United States army. John Gordon. John Rhea. Thomas Wilson, and A. McCoy, interpreters for the Cherokees. Ratified at Turkey Town, by the whole Cherokee nation, in council assembled. In testimony whereof, the subscribing commissioners of the United States, and the undersigned chiefs and warriors of the Cherokee nation, have hereto set their hands and seals, this fourth day of October, in the year of our Lord one thousand eight hundred and sixteen. WITNESS, James Gadsden, secretary. Return J. Meigs. Richard Taylor, and A. McCoy, interpreters. To the Indian names are subjoined a mark and seal. Sept. 20, 1816. Proclamation, Dec. 30, 1816. Peace and friendship. Cession to the United States. Allowance to Chickasaws. Tracts reserved to the Chickasaw nation. TREATY WITH THE CHICKASAWS. To settle all territorial controversies, and to perpetuate that peace and harmony which has long happily subsisted between the United States and Chickasaw nation, the president of the United States of America, by major general Andrew Jackson, general David Meriwether, and Jesse Franklin, esq. on the one part, and the whole Chickasaw nation, in council assembled, on the other, have agreed on the following articles, which when ratified by the president, with the advice and consent of the senate of the United States, shall be binding on all parties: ART. 1. Peace and friendship are hereby firmly established, and perpetuated, between the United States of America and Chickasaw nation. ART. 2. The Chickasaw nation cede to the United States (with the exception of such reservations as shall hereafter be specified) all right or title to lands on the north side of the Tennessee river, and relinquish all claim to territory on the south side of said river, and east of a line commencing at the mouth of Caney creek, running up said creek to its source, thence a due south course to the ridge path, or commonly called Gaines's road, along said road south westwardly to a point on the Tombigby river, well known by the name of the Cotton Gin port, and down the west bank of the Tombigby to the Chocktaw boundary. ART. 3. In consideration of the relinquishment of claim, and cession of lands, made in the preceding article, the commissioners agree to allow the Chickasaw nation twelve thousand dollars per annum for ten successive years, and four thousand five hundred dollars to be paid in sixty days after the ratification of this treaty into the hands of Levi Colbert, as a compensation for any improvements which individuals of the Chickasaw nation may have had on the lands surrendered; that is to say, two thousand dollars for improvements on the east side of the Tombigby, and two thousand five hundred dollars for improvements on the north side of the Tennessee river. ART. 4. The commissioners agree that the following tracts of land shall be reserved to the Chickasaw nation: 1. One tract of land for the use of col. George Colbert and heirs, and which is thus described by said Colbert: "Beginning on the north bank of the Tennessee river, at a point that, running north four miles, will include a big spring, about half way between his ferry and the mouth of Cypress, it being a spring that a large cow-path crosses its branch near where a cypress tree is cut down; thence westwardly to a point, four miles from the Tennessee river, and standing due north of a point on the north bank of the river, three [four] miles below his ferry on the Tennessee river, and up the meanders of said river to the beginning point." 2. A tract of land two miles square on the north bank of the Tennessee river, and at its junction with Beach creek, for the use of Appassan Tubby and heirs. 3. A tract of land one mile square, on the north side of the Tennessee river, for the use of John M'Cleish and heirs, the said tract to be so run as to include the said M'Cleish's settlement and improvements on the north side of Buffalo creek. 4. Two tracts of land, containing forty acres each, on the south side of Tennessee river, and about two and a half miles below the Cotton Gin port, on the Tombigby river, which tracts of land will be pointed out by major Levi Colbert, and for the use of said Colbert and heirs. It is stipulated that the above reservations shall appertain to the Chickasaw nation only so long as they shall be occupied, cultivated, or used, by the present proprietors or heirs, and in the event of all or either of said tracts of land, so reserved, being abandoned by the present proprietors or heirs, each tract or tracts of land, so abandoned, shall revert to the United States as a portion of that territory ceded by the second article of this treaty. ART. 5. The two contracting parties covenant and agree that the line on the south side of the Tennessee river, as described in the second article of this treaty, shall be ascertained and marked by commissioners to be appointed by the president of the United States; that the marks shall be bold; trees to be blazed on both sides of the line, and the fore and aft trees to be marked with the letters U. S. That the commissioners shall be attended by two persons to be designated by the Chickasaw nation, and that the said nation shall have due and seasonable notice when said operation is to be commenced. Presents to ART. 6. In consideration of the conciliatory disposition evinced, during the negotiation of this treaty, by the Chickasaw chiefs and war- certain Indians. riors, but more particularly as a manifestation of the friendship and liberality of the president of the United States, the commissioners agree to give, on the ratification of this treaty, to Chinnubby, king of the Chickasaws, to Tishshominco, William M'Gilvery, Arpasarshtubby, Samuel Scely, James Brown, Levi Colbert, Ickaryoucullaha, George Pettygrove, Immartarharmicko, Chickasaw chiefs, and to Malcolm M'Gee, interpreter, one hundred and fifty dollars each, in goods or cash, as may be preferred, and to major William Glover, colonel George Colbert, capt. Rabbitt, Hoparyeahoummar, Immoukelourshsharhoparyea, Hoparyea, Houllartir, Tushkerhopoyyea, Hoparyeahoummar, jun. Immoukelusharhopoyyea, James Colbert, Coweamarthlar, and Íilnachouwarhopoyyea, military leaders, one hundred dollars each; and, as a particular mark of distinction and favor for his long services and faithful adherence to the United States government, the commissioners agree to allow to general William Colbert an annuity of one hundred dollars for and during his life. No more pedlars to be licensed to traffic ART. 7. "Whereas the chiefs and warriors of the Chickasaw nation have found, from experience, that the crowd of pedlars, who are constantly traversing their nation from one end to the other, is of a serious in the nation. disadvantage to the nation; that serious misunderstandings and disputes frequently take place, as well as frauds, which are often practised on the ignorant and uninformed of the nation, therefore it is agreed by the commissioners on the part of the government, and the chiefs of the nation, that no more licenses shall be granted by the agent of the Chickasaws to entitle any person or persons to trade or traffic merchandise in said nation; and that any person or persons, whomsoever, of the white people, who shall bring goods and sell them in the nation, contrary to this article, shall forfeit the whole of his or their goods, one half to the nation and the other half to the government of the United States; in all cases where this article is violated, and the goods are taken or seized, they shall be delivered up to the agent, who shall hear the testimony and judge accordingly." This article was presented to the commissioners by the chiefs and warriors of the Chickasaw nation, and by their particular solicitation embraced in this treaty. In testimony whereof, the said commissioners, and undersigned chiefs and warriors, have set their hands and seals. |