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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 forly acres,
including the Toqua Island, to be located on the north bank of the Tennessee, opposite to said Island. Art. 4. The United States stipulate that the reservations, and the
The reservatract reserved for a school fund, in the first article of this treaty, shall tions, &c. to be
sold, and pro. be surveyed and sold in the same manner, and on the same terms, with
ceeds vested in the public lands of the United States, and the proceeds vested, under stuck. 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 Interest, how 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.
Ant. .5. It is agreed that such boundary lines as may be necessary to Boundary lines designate the lands ceded by the first article of this treaty, may be run
to be run by by a commissioner or commissioners to be appointed by the President
commissioners. of the l'nited 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
Ante, p. 156. 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 White intru
ders to be reall white people who have intruded, or may hereafter intrude, on
moved. 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 1802, ch. 13. 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 Che Division of an rokee nation shall be paid, two-thirds to the Cherokees east of the Mis- puity to Chero
kee nation. sissippi, 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 ratitication 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 L'nited States may designate. Art. 7. The United States, in order to afford the Cherokees who Intrusion of ci
tizens to be prereside on the lands ceded by this treaty, time to cultivate their crop
vented. 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.
Arr. S. This treaty to be binding on the contracting parties so soon Treaty binding as it is ratified by the President of the United States, by and with the when ratified. advice and consent of the Senate.
Done at the place, and on the day and year, above written.
J. C. CALHOUN.
Gideon Morgan, Jr.
To the Indian naines are subjoined marks.
List of persons referred to in the 3d article of the annexed Treaty. Richard Walker, within the chartered John Brown, do. Tennessee. limits of North Carolina.
do. do. Yonah, alias Big Bear, do.
do. do. John Martin, do. Georgia. John Benge,
do. do. Peter Linch, do. do. Mrs. Eliz. Peck,
do. do. Daniel Davis, do do. John Walker, Sr.
do. do. George Parris,
do do. John Walker, Jr. (unmarried,) do. do. Walter S. Adair, do. do. Richard Taylor,
do. do. Thomas Wilson, do. Alab. Ter. John McIntosh,
do. do. Richard Riley, do. do. James Starr,
do do. James Riley, do. do. : Samuel Parks,
do. do. Edward Gunter,
do. do. The Old Bark, (of Chota) do. do. Robert McLemore, do. Tenn. No. of reservees within the limits of John Baldridge,
2 Lewis Ross,
5 l'ox Taylor,
4 RJ. Timberlake,
31 long pond,)
do. do. William Brown,
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.
March 8, 1813.
(Cory.) Cherokre Agency, Ilighwassee 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 llenly, 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 leare, and are hereby authorized, to crect their publick stands, or
houses of entertainment, on said road, that is to say: one at each end,
privileges and advantages, we have hereunto set our hands and
The foregoing agreement and grant was amically negotiated and concluded in my presence.
RETURN J. MEIGS.
I certify I believe the within to be a correct copy of the original.
Cherokee Agency, Junuary 6, 1817. We, the undersigned Chiefs of the Cherokee nation, do hereby grant Jan. 6, 1817. unto Nicholas Byers, Arthur HI. IIenly, 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 crect 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 o'r hands and seals in presence of John McIntosh,
Path Killer, jr.
The above instrument was executed in open Cherokee council, in my office, in January, 1817.
RETURN J. MEIGS.
RETURN J. MEIGS. 1 certify I believe the within to be a correct copy of the original.
CII. HICKS. Washington City, March 1, 1819.
July 30, 1819. Made and concludeil at Edwardsville, in the State of Illinois, Proclamation,
between 1uguste Chouteau, and Benjamin Stephenson, ComJan. 13, 18:21.
missioners on the part and behalf of the United States of Amcrica, of the one part, and the unilersigned principal Chiefs and Ilarriors of the Kickapoo Tribe of Indians, on the part and behalf of said Tribe, of the other part.
The tribe cede tracts of land.
Boundaries of other land ceded.
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, riz: Beginning on the W'abash 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, 120.5; 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 Ilinois nation, and uninterrupted possession for more than half a century.
Art. 2. The said tribe hereby confirm all their former treaties with thie L'nited 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 crery demand which they might have in consequence of the second article of the treaty made with the Pottawattamy nation of Indians at St. Mary's, on the 21 October, 1818
Confirmation of former trcatie 5, &c.
Ante. p. 185.
Art. 3. The said tribe acknowledge themselves now to be, and pro Protection of mise to continue, under the protection of the United States of America, U. S. acknowand of no other nation, power, or sovereign, whatever.
ledged. Art. 4. The said tribe release the United States from all obligations U. S. released
from obligaimposed by any treaties heretofore made with them.
tions. Art. 5. The United States, in lieu of all former stipulations, and in Annuity to consideration of cessions of land heretofore made by the said tribe, pro
Indians. mise 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, U.S. pay $3000 in the first article of this treaty, the United States, in addition to three worth of merthousand dollars worth of merchandise this day paid to the said tribe, cede a tract of hereby cede to them, and their heirs for ever, a certain tract of land land in Mis. lying in the territory of Missouri, and included within the following souri, &c. 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, nerertheless, That the said tribe shall never sell the said land Proviso. without the consent of the President of the United States. Art. 7. The United States promise to guaranty to the said tribe the
U.S. guaranty peaceable possession of the tract of land hereby ceded to them, and to peaceable posrestrain and prevent all white persons from hunting, settling, or other- tract ceded. wise intruding upon it. But any citizen or citizens of the United States, being lawsully authorized for that purpose, shall be perinitted 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 U.S. to furnish to the tract of land hereby ceded to them, the United States will furnish boats, &c. 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 thcm, in their passage through the white settlements, to their intended residence.
Art. 9. The United States will take the said Kickapoo tribe under U. S. will take their care and patronage, and will afford them protection against all the Kickapoos
under their propersons whatever, provided they conform to the laws of the United
tection. States, and refrain from inaking 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 ces The tribe resions, do hereby cede and relinquish to the United States, generally, linquish all and without reservation, all other tracts of land to which they have any left of the Miliright or title on the left side of the Illinois and Mississippi rivers. nois and Mis
sissippi. In testiinony whereof, the Commissioners aforesaid, and the under
signed Chiefs and Warriors as aforesaid, hare hereunto subscribed
their names and affixed their seals.
July, in the year of our Lord one thousand eight hundred and