Major Walker's; to Margaret Morgan, six hundred and forty acres square, to be located on the west of, and adjoining, James Riley's reservation; to George Harlin, six hundred and forty acres square, to be located west of, and adjoining, the reservation of Margaret Morgan; to James Lowry, six hundred and forty acres square, to be located at Crow Mocker's old place, at the foot of Cumberland mountain; to Susannah Lowry, six hundred and forty acres, to be located at the Toll Bridge on Battle Creek; to Nicholas Byers, six hundred and forty acres, including the Toqua Island, to be located on the north bank of the Tennessee, opposite to said Island.

The reserva

tions, &c. to be sold, and proceeds vested in stock.

ART. 4. The United States stipulate that the reservations, and the tract reserved for a school fund, in the first article of this treaty, shall be surveyed and sold in the same manner, and on the same terms, with the public lands of the United States, and the proceeds vested, under the direction of the President of the United States, in the stock of the United States, or such other stock as he may deem most advantageous to the Cherokee nation. The interest or dividend on said stock, shall be applied, under his direction, in the manner which he shall judge best to be applied. calculated to diffuse the benefits of education among the Cherokee nation on this side of the Mississippi.

ART. 5. It is agreed that such boundary lines as may be necessary to designate the lands ceded by the first article of this treaty, may be run by a commissioner or commissioners to be 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; and that the leases which have been made under the treaty of the eighth of July, eighteen hundred and seventeen, of land lying within the portion of country reserved to the Cherokees, to be void; and that all white people who have intruded, or may hereafter intrude, on the lands reserved for the Cherokees, shall be removed by the United States, and proceeded against according to the provisions of the act passed thirtieth March, eighteen hundred and two, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers."

ART. 6. The contracting parties agree that the annuity to the Cherokee nation shall be paid, two-thirds to the Cherokees east of the Mississippi, and one-third to the Cherokees west of that river, as it is estimated that those who have emigrated, and who have enrolled for emigration, constitute one-third of the whole nation; but if the Cherokees west of the Mississippi object to this distribution, of which due notice shall be given them, before the expiration of one year after the ratification of this treaty, then the census, solely for distributing the annuity, shall be taken at such times, and in such manner, as the President of the United States may designate.

ART. 7. The United States, in order to afford the Cherokees who reside on the lands ceded by this treaty, time to cultivate their crop next summer, and for those who do not choose to take reservations, to remove, bind themselves to prevent the intrusion of their citizens on the ceded land before the first of January next.

ART. 8. This treaty to be binding on the contracting parties so soon as it is ratified by the President of the United States, by and with the

advice and consent of the Senate.

Done at the place, and on the day and year, above written.

J. C. CALHOUN.

Interest, how

Boundary lines to be run by commissioners.

Ante, p. 156.

White intruders to be removed.

1802, ch. 13.

Division of annuity to Chero

kee nation.

Intrusion of citizens to be prevented.

Treaty binding when ratified.

WITNESSES, Return J. Meigs, C. Vandeventer, Elias Earle, John Lowry.

To the Indian names are subjoined marks.

March 8, 1813.

List of persons referred to in the 3d article of the annexed Treaty.

Richard Walker, within the chartered

Mrs. Eliz. Peck,

do. do.

do. do.

I hereby certify, that I am, either personally, or by information on which I can rely, acquainted with the persons before named, all of whom I believe to be persons of industry, and capable of managing their property with discretion; and who have, with few exceptions, long resided on the tracts reserved, and made considerable improvements thereon. RETURN J. MEIGS, Agent in the Cherokee nation.

(Cory.) Cherokee Agency, Highwassee Garrison.

We, the undersigned Chiefs and Councillors of the Cherokees in full council assembled, do hereby give, grant, and make over unto Nicholas Byers and David Russell, who are agents in behalf of the states of Tennessee and Georgia, full power and authority to establish a Turnpike Company, to be composed of them, the said Nicholas and David, Arthur Henly, John Lowry, Atto. and one other person, by them to be hereafter named, in behalf of the state of Georgia; and the above named persons are authorized to nominate five proper and fit persons, natives of the Cherokees, who, together with the white men aforesaid, are to constitute the company; which said company, when thus established, are hereby fully authorized by us, to lay out and open a road from the most suitable point on the Tennessee River, to be directed the nearest and best way to the highest point of navigation on the Tugolo River; which said road, when opened and established, shall continue and remain a free and publick highway, unmolested by us, to the interest and benefit of the said company, and their successors, for the full term of twenty years, yet to come, after the same may be open and compleat; after which time, said road, with all its advantages, shall be surrendered up, and reverted in, the said Cherokee nation. And the said company shall have leave, and are hereby authorized, to erect their publick stands, or

houses of entertainment, on said road, that is to say: one at each end, and one in the middle, or as nearly, so as a good situation will permit: with leave also to cultivate one hundred acres of land at each end of the road, and fifty acres at the middle stand, with a privilege of a sufficiency of timber for the use and consumption of said stands. And the said Turnpike Company do hereby agree to pay the sum of one hundred and sixty dollars yearly to the Cherokee nation, for the aforesaid privilege, to commence after said road is opened and in complete operation. The said company are to have the benefit of one ferry on Tennessee river, and such other ferry or ferries as are necessary on said road; and, likewise, said company shall have the exclusive privilege of trading on said road during the aforesaid term of time.

In testimony of our full consent to all and singular the above-named privileges and advantages, we have hereunto set our hands and affixed our seals, this eighth day of March, eighteen hundred and thirteen.

WITNESSES PRESENT.-Wm. L. Lovely, Assistant Agent. William Smith. George Colville. James Carey, Richard Taylor, Interpreters.

The foregoing agreement and grant was amicably negotiated and concluded in my presence.

I certify I believe the within to be a correct copy of the original.
Washington City, March 1, 1819.

CH. HICKS.

Cherokee Agency, January 6, 1817.

We, the undersigned Chiefs of the Cherokee nation, do hereby grant Jan. 6, 1817. unto Nicholas Byers, Arthur H. Henly, and David Russell, proprietors of the Unicoy road to Georgia, the liberty of cultivating all the ground contained in the bend on the north side of Tennessee river, opposite and below Chota Old Town, together with the liberty to erect a grist mill on Four Mile creek, for the use and benefit of said road, and the Cherokees in the neighbourhood thereof; for them, the said Byers, Henly, and Russell, to have and to hold the above privileges during the term of lease of the Unicoy road, also obtained from the Cherokees, and sanctioned by the President of the United States.

In witness whereof, we hereunto affix our hands and seals in presence of

John McIntosh,
Charles Hicks,
Path Killer,
Tuchalar,

WITNESS.-Return J Meigs, U. S. Agent.

The Gloss,

John Walker,
Path Killer, jr.
Going Snake.

The above instrument was executed in open Cherokee council, in office, in January, 1817.

(Signed)

Cherokee Agency, 8th July, 1817.

RETURN J. MEIGS.

The use of the Unicoy road, so called, was for twenty years.

1 certify I believe the within to be a correct copy of the original. CH. HICKS.

my

Washington City, March 1, 1819.

Proclamation, Jan. 13, 1821.

A TREATY

July 30, 1819. Made and concluded at Edwardsville, in the State of Illinois, between Auguste Chouteau, and Benjamin Stephenson, Commissioners on the part and behalf of the United States of America, of the one part, and the undersigned principal Chiefs and Warriors of the Kickapoo Tribe of Indians, on the part and behalf of said Tribe, of the other part.

The tribe cede tracts of land.

Land ceded.

Boundaries of other land ceded.

Confirmation

of former treaties, &c.

Ante, p. 185.

ART. 1. The undersigned Chiefs and Warriors, for themselves and their said tribe, for, and in consideration of, the promises and stipulations hereinafter made, do hereby cede and relinquish to the United States for ever, all their right, interest, and title, of, in, and to, the following tracts of land, viz:

All their land on the southeast side of the Wabash river, including the principal village in which their ancestors formerly resided, consisting of a large tract, to which they have had, from time immemorial, and now have, a just right; that they have never heretofore ceded, or otherwise disposed of, in any manner whatever.

Also, all the land within the following boundaries, viz: Beginning on the Wabash river, at the upper point of their cession, made by the second article of their treaty at Vincennes, on the 9th December, 1809; running thence, northwestwardly, to the dividing line between the states of Illinois and Indiana; thence, along said line, to the Kankakee river; thence, with said river, to the Illinois river; thence, down the latter, to its mouth; thence, with a direct line, to the northwest corner of the Vincennes tract, as recognised in the treaty with the Piankeshaw tribe of Indians at Vincennes, on the 30th December, 1805; and thence, with the western and northern boundaries of the cessions heretofore made by the said Kickapoo tribe of Indians, to the beginning. Of which last described tract of land, the said Kickapoo tribe claim a large portion, by descent from their ancestors, and the balance by conquest from the Illinois nation, and uninterrupted possession for more than half a century.

ART. 2. The said tribe hereby confirm all their former treaties with the United States, and relinquish to them all claim to every portion of their lands which may have been ceded by any other tribe or tribes, and all and every demand which they might have had, in consequence of the second article of the treaty made with the Pottawattamy nation of Indians at St. Mary's, on the 2d October, 1818.

ART. 3. The said tribe acknowledge themselves now to be, and promise to continue, under the protection of the United States of America, and of no other nation, power, or sovereign, whatever.

ART. 4. The said tribe release the United States from all obligations imposed by any treaties heretofore made with them.

ART. 5. The United States, in lieu of all former stipulations, and in consideration of cessions of land heretofore made by the said tribe, promise to pay them, at their town on the waters of the Osage river, two thousand dollars in silver, annually, for fifteen successive years.

ART. 6. In consideration of the cession made by the aforesaid tribe, in the first article of this treaty, the United States, in addition to three thousand dollars worth of merchandise this day paid to the said tribe, hereby cede to them, and their heirs for ever, a certain tract of land lying in the territory of Missouri, and included within the following boundaries, viz: Beginning at the confluence of the rivers Pommes de Terre and Osage; thence, up said river Pommes de Terre, to the dividing ridge which separates the waters of Osage and White rivers; thence, with said ridge, and westwardly, to the Osage line; thence, due north with said line, to Nerve creek; thence, down the same, to a point due south of the Mouth of White Clay, or Richard Creek; thence, north, to the Osage river; thence, down said river, to the beginning: Provided, nevertheless, That the said tribe shall never sell the said land without the consent of the President of the United States.

ART. 7. The United States promise to guaranty to the said tribe the peaceable possession of the tract of land hereby ceded to them, and to restrain and prevent all white persons from hunting, settling, or otherwise intruding upon it. But any citizen or citizens of the United States, being lawfully authorized for that purpose, shall be permitted to pass and repass through the said tract, and to navigate the waters thereof, without any hindrance, toll, or exaction, from the said tribe.

ART. 8. For the purpose of facilitating the removal of the said tribe to the tract of land hereby ceded to them, the United States will furnish them with two boats, well manned, to transport their property, from any point they may designate on the Illinois river, and some judicious citizen shall be selected to accompany them, in their passage through the white settlements, to their intended residence.

U. S. will take under their protection.

ART. 9. The United States will take the said Kickapoo tribe under their care and patronage, and will afford them protection against all the Kickapoos persons whatever, provided they conform to the laws of the United States, and refrain from making war, or giving any insult or offence to any other Indian tribe, or to any foreign nation, without first having obtained the approbation and consent of the United States.

ART. 10. The said tribe, in addition to their above described cessions, do hereby cede and relinquish to the United States, generally, and without reservation, all other tracts of land to which they have any right or title on the left side of the Illinois and Mississippi rivers. In testimony whereof, the Commissioners aforesaid, and the undersigned Chiefs and Warriors as aforesaid, have hereunto subscribed their names and affixed their seals.

Done at Edwardsville, in the state of Illinois, this thirtieth day of July, in the year of our Lord one thousand eight hundred and nineteen, and of the Independence of the United States the fortyfourth.

AUG. CHOUTEAU,
BEN. STEPHENSON.

The tribe re

linquish all left of the Illi

tracts on the

nois and Mississippi.