there, will then be freely administered to them; and when established in their new settlements, we shall still consider them as our children, give them the benefit of exchanging their peltries for what they will want at our factories, and always hold them firmly by the hand."

And whereas the Cherokees, relying on the promises of the President of the United States, as above recited, did explore the country on the west side of the Mississippi, and made choice of the country on the Arkansas and White rivers, and settled themselves down upon United States' lands, to which no other tribe of Indians have any just claim, and have duly notified the President of the United States thereof, and of their anxious desire for the full and complete ratification of his promise, and, to that end, as notified by the President of the United States, have sent on their agents, with full powers to execute a treaty, relinquishing to the United States all the right, title, and interest, to all lands of right to them belonging, as part of the Cherokee nation, which they have left, and which they are about to leave, proportioned to their numbers, including, with those now on the Arkansas, those who are about to remove thither, and to a portion of which they have an equal right agreeably to their numbers.

Now, know ye, that the contracting parties, to carry into full effect the before recited promises with good faith, and to promote a continuation of friendship with their brothers on the Arkansas river, and for that purpose to make an equal distribution of the annuities secured to be paid by the United States to the whole Cherokee nation, have agreed and concluded on the following articles, viz:

ART. 1. The chiefs, head men, and warriors, of the whole Cherokee nation, cede to the United States all the lands lying north and east of the following boundaries, viz: Beginning at the high shoals of the Appalachy river, and running thence, along the boundary line between the Creek and Cherokee nations, westwardly to the Chatahouchy river; thence, up the Chatahouchy river, to the mouth of Souque creek; thence, continuing with the general course of the river until it reaches the Indian boundary line, and, should it strike the Turrurar river, thence, with its meanders, down said river to its mouth, in part of the proportion of land in the Cherokee nation east of the Mississippi, to which those now on the Arkansas and those about to remove there are justly entitled.

ART. 2. The chiefs, head men, and warriors, of the whole Cherokee nation, do also cede to the United States all the lands lying north and west of the following boundary lines, viz: Beginning at the Indian boundary line that runs from the north bank of the Tennessee river, opposite to the mouth of Hywassee river, at a point on the top of Walden's ridge, where it divides the waters of the Tennessee river from those of the Sequatchie river; thence, along the said ridge, southwardly, to the bank of the Tennessee river, at a point near to a place called the Negro Sugar Camp, opposite to the upper end of the first island above Running Water Town; thence, westwardly, a straight line to the mouth of Little Sequatchie river; thence, up said river, to its main fork; thence, up its northernmost fork, to its source; and thence, due west, to the Indian boundary line.

ART. 3. It is also stipulated by the contracting parties, that a census shall be taken of the whole Cherokee nation, during the month of June, in the year of our Lord one thousand eight hundred and eighteen, in the following manner, viz: That the census of those on the east side of the Mississippi river, who declare their intention of remaining, shall be taken by a commissioner appointed by the President of the United States, and a commissioner appointed by the Cherokees on the Arkansas

Annuity, how to be divided between the Cherokees.

The U. S. to give as much land, &c. as they receive from the Cherokees.

river; and the census of the Cherokees on the Arkansas river, and those removing there, and who, at that time, declare their intention of removing there, shall be taken by a commissioner appointed by the President of the United States, and one appointed by the Cherokees east of the Mississippi river.

ART 4. The contracting parties do also stipulate that the annuity due from the United States to the whole Cherokee nation for the year one thousand eight hundred and eighteen, is to be divided between the two parts of the nation in proportion to their numbers, agreeably to the stipulations contained in the third article of this treaty; and to be continued to be divided thereafter in proportion to their numbers; a and the lands to be apportioned and surrendered to the United States agreeably to the aforesaid enumeration, as the proportionate part, agreeably to their numbers, to which those who have removed, and who declare their intention to remove, have a just right, including these with the lands ceded in the first and second articles of this treaty.

ART. 5. The United States bind themselves, in exchange for the lands ceded in the first and second articles hereof, to give to that part of the Cherokee nation on the Arkansas as much land on said river and White river as they have or may hereafter receive from the Cherokee nation east of the Mississippi, acre for acre, as the just proportion due that part of the nation on the Arkansas agreeably to their numbers; which is to commence on the north side of the Arkansas river, at the mouth of Point Remove or Budwell's Old Place; thence, by a straight line, northwardly, to strike Chataunga mountain, or the hill first above Shield's Ferry on White river, running up and between said rivers for complement, the banks of which rivers to be the lines; and to have the above line, from the point of beginning to the point on White river, run and marked, which shall be done soon after the ratification of this treaty; and all citizens of the United States, except Mrs. P Lovely, who is to remain where she lives during life, removed from within the Former treaties bounds as above named. And it is further stipulated, that the treaties

heretofore between the Cherokee nation and the United States are to continue in full force with both parts of the nation, and both parts thereof entitled to all the immunities and privilege which the old nation enjoyed under the aforesaid treaties; the United States reserving the right of establishing factories, a military post, and roads, within the boundaries above defined.

:

ART. 6. The United States do also bind themselves to give to all the poor warriors who may remove to the western side of the Mississippi river, one rifle gun and ammunition, one blanket, and one brass kettle, or, in lieu of the brass kettle, a beaver trap, which is to be considered as a full compensation for the improvements which they may leave; which articles are to be delivered at such point as the President of the United States may direct and to aid in the removal of the emigrants, they further agree to furnish flat bottomed boats and provisions sufficient for that purpose and to those emigrants whose improvements add real value to their lands, the United States agree to pay a full valuation for the same, which is to be ascertained by a commissioner appointed by the President of the United States for that purpose, and paid for as soon after the ratification of this treaty as practicable. The boats and provisions promised to the emigrants are to be furnished by the agent on the Tennessee river, at such time and place as the emigrants may notify him of; and it shall be his duty to furnish the same.

ART. 7. And for all improvements which add real value to the lands lying within the boundaries ceded to the United States, by the first and second articles of this treaty, the United States do agree to pay for at

the time, and to be valued in the same manner, as stipulated in the sixth article of this treaty; or, in lieu thereof, to give in exchange improvements of equal value which the emigrants may leave, and for which they are to receive pay. And it is farther stipulated, that all these improvements, left by the emigrants within the bounds of the Cherokee nation east of the Mississippi river, which add real value to the lands, and for which the United States shall give a consideration, and not so exchanged, shall be rented to the Indians by the agent, year after year, for the benefit of the poor and decrepid of that part of the nation east of the Mississippi river, until surrendered by the nation, or to the nation. And it further agreed, that the said Cherokee nation shall not be for any part of the consideration paid for said improvements at any future period.

called

for heads of Indian families.

ART. 8. And to each and every head of any Indian family residing Reservations on the east side of the Mississippi river, on the lands that are now, or may hereafter be, surrendered to the United States, who may wish to become citizens of the United States, the United States do agree to give a reservation of six hundred and forty acres of land, in a square, to include their improvements, which are to be as near the centre thereof as practicable, in which they will have a life estate, with a reversion in fee simple to their children, reserving to the widow her dower, the register of whose names is to be filed in the office of the Cherokee agent, which shall be kept open until the census is taken as stipulated in the third article of this treaty. Provided, That if any of the heads of families, for whom reservations may be made, should remove therefrom, then, in that case, the right to revert to the United States. And provided further, That the land which may be reserved under this article, be deducted from the amount which has been ceded under the first and second articles of this treaty.

par

ART. 9. It is also provided by the contracting parties, that nothing in the foregoing articles shall be construed so as to prevent any of the ties so contracting from the free navigation of all the waters mentioned therein.

Free navigation of all the waters, &c.

Cession to the

reservations.

10. The whole of the Cherokee nation do hereby cede to the United States all right, title, and claim, to all reservations made to Doublehead U.S. of certain and others, which were reserved to them by a treaty made and entered into at the city of Washington, bearing date the seventh of January, one thousand eight hundred and six.

ART. 11. It is further agreed that the boundary lines of the lands ceded to the United States by the first and second articles of this treaty, and the boundary line of the lands ceded by the United States in the fifth article of this treaty, is to be run and marked by a commissioner or commissioners appointed by the President of the United States, who shall be accompanied by such commissioners as the Cherokees may appoint; due notice thereof to be given to the nation.

ART. 12. The United States do also bind themselves to prevent the intrusion of any of its citizens within the lands ceded by the first and second articles of this treaty, until the same shall be ratified by the President and Senate of the United States, and duly promulgated.

ART. 13. The contracting parties do also stipulate that this treaty shall take effect and be obligatory on the contracting parties so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate of the United States.

Boundary lines

to be run by

commissioners.

U. S. to pre

vent intruders is ratified, &c.

until the treaty

When to take

effect.

In witness of all and every thing herein determined, by and between the before recited contracting parties, we have, in full and open council, at the Cherokee Agency, this eighth day of July, A. D. one thousand eight hundred and seventeen, set our hands and seals.

Richard Brown,
Cabbin Smith,

Sleeping Rabbit,

George Saunders,
Roman Nose,

Currohe Dick,

John Walker,

George Lowry,
Richard Taylor,
Walter Adair,
James Brown,

Kelachule,

Sour Mush,

Chulioa,
Chickasautchee,

ANDREW JACKSON,
JOSEPH MCMINN,
D. MERIWETHER,

The Bark of Chota,

The Bark of Hightower,
Big Half Breed,
Going Snake,

Leyestisky,

Ch. Hicks,
Young Davis,
Souanooka,

The Locust,

United States'
Commissioners.

Beaver Carrier,
Dreadful Water,
Chyula,
Ja. Martin,
John McIntosh,
Katchee of Cowee,
White man killer.

Arkansas Chiefs.
Toochalar,
The Glass,
Wassosee,
John Jolly,
The Gourd,
Spring Frog,
John D. Chisholm,
James Rogers,
Wawhatchy,
Attalona,

Kulsuttchee,
Tuskekeetchee,

Chillawgatchee,

John Smith,
Toosawallata.

In presence of J. M. Glassel, secretary to the commission. Thomas Wilson, clerk to the commission. Walter Adair. John Speirs, interpreter. A. McCoy, interpreter. James C. Bronaugh, hospital surgeon U. S. army. Isham Randolph, captain 1st redoubtables. Wm. Meriwether. Return J. Meigs, agent Cherokee nation.

To the Indian names are subjoined a mark and seal.

ARTICLES OF A TREATY

Sept. 29, 1817. Made and concluded, at the foot of the Rapids of the Miami of

Proclamation,

Jan. 4, 1819.
Supplementary

treaty, post, p.
178.

Cession of lands by the Wyandots.

Lake Erie, between Lewis Cass and Duncan McArthur, commissioners of the United States, with full power and authority to hold conferences, and conclude and sign a treaty or treaties with all or any of the tribes or nations of Indians within the boundaries of the state of Ohio, of and concerning all matters interesting to the United States and the said nations of Indians, on the one part; and the sachems, chiefs, and warriors, of the Wyandot, Seneca, Delaware, Shawanese, Potawatomees, Ottawas, and Chippeway, tribes of Indians.

ART. 1. The Wyandot tribe of Indians, in consideration of the stipulations herein made on the part of the United States, do hereby forever cede to the United States the lands comprehended within the following lines and boundaries: Beginning at a point on the southern shore of

lake Erie, where the present Indian boundary line intersects the same, between the mouth of Sandusky bay and the mouth of Portage river; thence, running south with said line, to the line established in the year one thousand seven hundred and ninety-five, by the treaty of Greenville, which runs from the crossing place above fort Lawrence to Loramie's store; thence, westerly, with the last mentioned line, to the eastern line of the reserve at Loramie's store; thence, with the lines of said reserve, north and west, to the northwestern corner thereof; thence to the northwestern corner of the reserve on the river St. Mary's, at the head of the navigable waters thereof; thence, east, to the western bank of the St. Mary's river aforesaid; thence, down on the western bank of the said river, to the reserve at fort Wayne; thence, with the lines of the last mentioned reserve, easterly and northerly, to the north bank of the river Miami of lake Erie; thence, down on the north bank of the said river, to the western line of the land ceded to the United States by the treaty of Detroit, in the year one thousand eight hundred and seven; thence, with the said line, south, to the middle of said Miami river, opposite the mouth of the Great Auglaize river; thence, down the middle of said Miami river, and easterly with the lines of the tract ceded to the United States by the treaty of Detroit aforesaid, so far that a south line will strike the place of beginning.

ART. 2. The Potawatomy, Ottawas, and Chippeway, tribes of Indians, in consideration of the stipulations herein made on the part of the United States, do hereby forever cede to the United States the land comprehended within the following lines and boundaries: Beginning where the western line of the state of Ohio crosses the river Miami of lake Erie, which is about twenty-one miles above the mouth of the Great Auglaize river; thence, down the middle of the said Miami river, to a point north of the mouth of the Great Auglaize river; thence, with the western line of the land ceded to the United States by the treaty of Detroit, in one thousand eight hundred and seven, north forty-five miles; then, west, so far that a line south will strike the place of beginning; thence, south, to the place of beginning.

Cession of lands by Pottawatimies, Ottawas, and Chip

pewas.

Other tribes

ART. 3. The Wyandot, Seneca, Delaware, Shawnese, Potawatomy, Ottawas, and Chippeway, tribes of Indians accede to the cessions men- accede. tioned in the two preceding articles.

Annual pay

tribes.

ART. 4. In consideration of the cessions and recognitions stipulated in the three preceding articles, the United States agree to pay to the ments to certain Wyandot tribe, annually, forever, the sum of four thousand dollars, in specie, at Upper Sandusky: To the Seneca tribe, annually, forever, the sum of five hundred dollars, in specie, at Lower Sandusky: To the Shawnese tribe, annually, forever, the sum of two thousand dollars, in specie, at Wapaghkonetta: To the Potawatomy tribe, annually, for the term of fifteen years, the sum of one thousand three hundred dollars, in specie, at Detroit: To the Ottawas tribe, annually, for the term of fifteen years, the sum of one thousand dollars, in specie, at Detroit: To the Chippewa tribe, annually, for the term of fifteen years, the sum of one thousand dollars, in specie, at Detroit: To the Delaware tribe, in the course of the year one thousand eight hundred and eighteen, the sum of five hundred dollars, in specie, at Wapaghkonetta, but no annuity: And the United States also agree, that all annuities due by any former treaty to the Wyandot, Shawnese, and Delaware tribes, and der former the annuity due by the treaty of Greenville, to the Ottawas and Chippewas tribes, shall be paid to the said tribes, respectively, in specie.

Annuities un

treaties.

Schedule a part

ART. 5. The schedule hereunto annexed, is to be taken and considered as part of this treaty; and the tracts herein stipulated to be of the treaty. granted to the Wyandot, Seneca, and Shawnese, tribes of Indians, are