Two commissioners to be appointed to

run and mark ceded lands.

the line of

The United States to deliver goods, &c. to the amount of

$5,000.

Additional annuity of $1,000.

&c.

from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little river crosses the divisional line to Tugalo river: from the place of beginning, the Wildcat Rock, down the northeast margin. of the Tennessee river (not including islands) to a point or place one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle, until it intersects Hawkins's line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Emmery's river; and thence up Emmery's river to the foot of Cumberland mountain. From thence a line to be drawn, northeastwardly, along the foot of the mountain, until it intersects with Campbell's line.

Art. 5. To prevent all future misunderstanding about the line described in the foregoing article, two commissioners shall be appointed to superintend the running and marking the same, where not ascertained by the rivers, immediately after signing this treaty; one to be appointed by the commissioners of the United States, and the other by the Cherokee nation; and who shall cause three maps or charts thereof to be made out; one whereof shall be transmitted and deposited in the war office of the United States; another with the executive of the state of Tennessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Cherokee nation.

Art. 6. In consideration of the relinquishment and cession hereby made, the United States, upon signing the present treaty, shall cause to be delivered to the Cherokees, goods, wares, and merchandise, to the amount of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country forever, as made and contained in former treaties.

The Kentucky Art. 7. The Cherokee nation agree, that the Kentucky road to be open and free, road, running between the Cumberland mountain and the Cumberland river, where the same shall pass through the Indian land, shall be an open and free road for the use of the citizens of the United States, in the like manner as the road from SouthThe Chero- west Point to Cumberland river. In consideration of which it is hereby agreed on the part of the United States, that until settlements shall make it improper, the Cherokee hunters quished until shall be at liberty to hunt and take game upon the lands relinquished and ceded by this treaty.

kees may

hunt on the lands relin

settled.

By the 3d article of the treaty of Philadelphia, (ante, No. 3, of this chapter,) the United States agree to furnish the Cherokee Indians with goods suitable for their use, to the amount of $5,000 yearly, in lieu of all former suis to be paid annually. This addition of $1,000 per annum, makes the annuity, on the 2d of October, 1798, $6,000 in the whole.

Cherokees of

Art. 8. Due notice shall be given to the principal towns of Notice to the the Cherokees, of the time proposed for delivering the annual the time for stipends; and sufficient supplies of provisions shall be furnish- delivering aned, by and at the expense of the United States, to subsist such nual stipends, reasonable number that may be sent, or shall attend to receive them, during a reasonable time.

Art. 9. It is mutually agreed between the parties, that hor- Stolen horses, ses stolen and not returned within ninety days, shall be paid for not returned in ninety days, at the rate of sixty dollars each; if stolen by a white man, citi- to be paid for. zen of the United States, the Indian proprietor shall be paid in cash; and if stolen by an Indian from a citizen, to be deducted as expressed in the fourth article of the treaty of Philadelphia.* This article shall have retrospect to the commencement of the first conferences at this place in the present year, and no further. And all animosities, aggressions, thefts, and Oblivion of anplunderings, prior to that day, shall cease, and be no longer remembered or demanded on either side.

imosities.

lowed for an

Art. 10. The Cherokee nation agree, that the agent who Ground alshall be appointed to reside among them from time to time, agent. shall have a sufficient piece of ground allotted for his tempora

ry use.

of this treaty

And lastly, this treaty, and the several articles it contains, The articles shall be considered as additional to, and forming a part of, additional to treaties already subsisting between the United States and the those already Cherokee nation, and shall be carried into effect on both sides, subsisting. with all good faith, as soon as the same shall be approved and ratified by the president of the United States, and the senate thereof.

In witness of all and every thing herein determined between the United States of America, and the whole Cherokee nation, the parties hereunto set their hands and seals in the council house, near Tellico, on Cherokee ground, and within the United States, this second day of October, in the year one thousand seven hundred and ninety-eight, and in the twenty-third year of the independence and Sovereignty of the United States.

Treaty with No. 5. Articles of a treaty between the United States of America and the the Chero

kees, 1804.

Cherokee Indians.

Daniel Smith and Return J. Meigs, being commissioned Agree to the by Thomas Jefferson, President of the United States, with following arti- powers of acting in behalf of the said United States, in arranging certain matters with the Cherokee nation of Indians; and the underwritten principal chiefs, representing the said nation, having met the said commissioners in a conference at Tellico, and having taken into their consideration certain propositions made to them by the said commissioners of the United States; the parties aforesaid, have unanimously agreed and stipulated, as is definitely expressed in the following articles:

ceded to the

Art. 1. For the considerations hereinafter expressed, the A tract ofland Cherokee nation relinquish and cede to the United States, a U. States. tract of land bounding, southerly, on the boundary line between the state of Georgia, and the said Cherokee nation, beginning at a point on the said boundary line northeasterly of the most northeast plantation in the settlement known by the name of Wafford's settlement, and running at right angles with the said boundary line four miles in the Cherokee lands; thence at right angles southwesterly and parallel to the first mentioned boundary line, so far as that a line, to be run at right angles southerly to the said first mentioned boundary line, shall include, in this cession, all the plantations in Wafford's settlement, so called, as aforesaid.

&c. to the

an muuity.

Art. 2. For, and in consideration of, the relinquishment and cession, as expressed in the first article, the United States, Useful goods, upon signing the present treaty, shall cause to be delivered to amount of the Cherokees, useful goods, wares, and merchandise, to the $5,000 to be amount of five thousand dollars, or that sum in money, at the paid them as option (timely signified) of the Cherokees, and shall, also, cause to be delivered, annually, to them, other useful goods to the amount of one thousand dollars, or money to that amount, at the option of the Cherokees, timely notice thereof being given, in addition to the annuity, heretofore stipulated, and to be delivered at the usual time of their receiving their annuity.

In witness of all and every thing, herein determined, between the United States and the Cherokee nation, the parties have hereunto set their hands and seals, in the garrison of Tellico, on Cherokee ground, within the United States, this twenty-fourth day of October, in the year one thousand eight hundred and four, and in the twenty-ninth year of the independence and sovereignty of the United States.

Daniel Smith,
Return J. Meigs,
Molluntuskie, his x mark,
Broom, his x mark,

John McLamore, his x mark,
Quotequeskee, his x mark,
Path Killer, his x mark,
Tagustiskee, his x mark,
Tulio, his x mark,
Sour Mush, his x mark,
Keatebee, his x mark,
James Vann.

Witnesses:

Rob. Purdy, secretary,

John McKee,

Jno. Campbell, cap. 2d U. States' regt. commanding,

John Brahan, lieut. 2d reg't. Infantry,

Thos. J. Van Dyke, surgeon's mate,

Treaty with the Cherokees.

Former treaties recogni

zed.

Wm. Charp,
Hinchey Pettway,

Wm. L. Lovely, ass't ag't,
Ch. Hicks, interpreter.

No. 6. Articles of a treaty agreed upon between the United States of America, by their commissioners Return J. Meigs and Daniel Smith, appointed to hold conferences with the Cherokee Indians, for the purpose of arranging certain interesting matters with the said Cherokees, of the one part, and the undersigned chiefs and head men of the said nation, of the other part. Art. 1. All former treaties, which provide for the maintenance of peace and preventing of crimes, are, on this occasion, recognized and continued in force.

Art. 2. The Cherokees quit claim and cede to the United The Cherokees quit States, all the land which they have heretofore claimed, lying claim, &c. to to the north of the following boundary line: beginning at the lying north of mouth of Duck river, running thence up the main stream of the boundary the same to the junction of the fork, at the head of which line here de- fort Nash stood, with the main south fork: thence a direct

certain lands,

scribed.

Islands in Tennessee river, &c.

the Chero

kees.

Ferry landing

to the Cherokees, &c.

course to a point on the Tennessee river bank opposite the mouth of Hiwassee river. If the line from Hiwassee should leave out Field's settlement, it is to be marked round this improvement, and then continued the stright course; thence up the middle of the Tennessee river, (but leaving all the islands to the Cherokees,) to the mouth of Clinch river; thence up the Clinch river to the former boundary line agreed upon with Reservation to the said Cherokees, reserving, at the same time, to the use of the Cherokees, a small tract lying at and below the mouth of Clinch river; from the mouth extending thence down the Tennessee river, from the mouth of Clinch to a notable rock on the north bank of the Tennessee, in view from Southwest Point; thence a course at right angles with the river, to the Cumberland road; thence eastwardly along the same, to the bank of Clinch river, so as to secure the ferry landing to the Cherokees up to the first hill, and down the same to the mouth thereof, together with two other sections of one square mile each, one of which is at the foot of Cumberland mountain, at and near the place where the turnpike gate now stands; the other on the north bank of the Tennessee river, where the Cherokee Talootiske now lives. And whereas, from the present cession made by the Cherokees, and other circumstances, the site of the garrisons at Southwest Point and Tellico, are become not the most convenient and suitable places for the accommodation of the said Indians, it may become expedient to remove the said garrisons and factory to some more suitable place; three other square miles are reserved for the particular disposal of the United States on the north bank of the Tennessee, opposite to and below the mouth of Hiwassee.

Removal of garrisons and factory, &c.