I certify the foregoing convention has been faithfully interpreted. CHARLES HICKS, interpreter. Declaration of the intention of the tion to the ces the Chero kees, by the of the 7th of 7, art. 1, of No. 9. Elucidation of the convention of Washington, of the 7th of January, 1806. Whereas, by the first article of a convention between the parties in rela- United States, and the Cherokee nation, entered into at the sion of a tract city of Washington, on the seventh day of January, one thouof country by sand eight hundred and six, it was intended on the part of the Cherokee nation, and so understood by the secretary of war, convention of the commissioner on the part of the United States, to cede to Washington, the United States all the right, title, and interest, which the January, 1806. said Cherokee nation ever had to a tract of country contained See ante, No. between the Tennessee river and the Tennessee ridge; (so callthis chapter. ed;) which tract of country had, since the year one thousand seven hundred and ninety-four, been claimed by the CheroEastern boun- kees and the Chickasaws; the eastern boundary whereof is lidary of the tract ceded. mited by a line so to be run from the upper part of the Chickasaw Old Fields, as to include all the waters of Elk river, any thing expressed in said convention to the contrary notwithstanding. It is therefore now declared, by James Robertson and Return J. Meigs, acting under the authority of the executive of the United States, and by a delegation of Cherokee chiefs, of whom Eunolee, or Black Fox, the king or head chief of said Cherokee nation, acting on the part of and in behalf of said nation, is one, that the eastern limits of said ceded tract shall be bounded by a line so to be run from the upper end of the Chickasaw Old Fields, a little above the upper point of an island, called Chickasaw island, as will most directly intersect the first waters of Elk river, thence carried to the great Cumberland mountain, in which the waters of Elk river have their source, then along the margin of said mountain, until it shall intersect lands heretofore ceded to the United States, at the said Tennessee ridge. And in consideration of the readiness shown by the Cherokees to explain, and to place the limits of the land ceded by the said convention out of all doubt, and in consideration of their expenses in attending council, the executive of the United States will direct that the Cherokee nation kees $2,000. shall receive the sum of two thousand dollars, to be paid to them by their agent, at such time as the said executive shall direct, and that the Cherokee hunters, as hath been the custom in such cases, may hunt on said ceded tract, until, by the fu!until settled, ness of settlers, it shall become improper. And it is hereby declared by the parties, that this explanation ought to be con[See ante, No. 7, of this sidered as a just elucidation of the cession made by the first archapter.] ticle of said convention.* The United States to pay the Chero The Cherokees may hunt on the ceded tract, &c. Done at the point of departure of the line at the upper end of the island opposite to the upper part of the said Chickasaw Old Fields, the eleventh day of September, in the year one thousand eight hundred and seven. James Robertson, Return J. Meigs, Eunolee, or Black Fox, his x mark, Fulaquokoko, or Turtle at home, his x mark, Sowolotoh, king's brother, his x mark. Witnesses present : Thomas Freeman, Thomas Orne. No. 10. Articles of a treaty made and concluded at the city of Washington, Treaty with on the twenty-second day of March, one thousand eight hundred and sixthe Cheroteen, between George Graham, being specially authorized by the presi- kees. dent of the United States thereto, and the undersigned chiefs and head men of the Cherokee nation, duly authorized and empowered by the said nation. Cherokees sion, &c. Art. 1. Whereas the executive of the state of South Caro- S. Carolina lina has made an application to the president of the United desirous to extinguish the States to extinguish the claim of the Cherokee nation, to Cherokee tithat part of their lands which lie within the boundaries of the within her the said state, as lately established and agreed upon between limits, and that state and the state of North Carolina; and as the Cherokee disposed to nation is disposed to comply with the wishes of their brothers comply with her wishes, of South Carolina, they have agreed and do hereby agree, to and agree to cede to the state of South Carolina, and forever quit claim to make a cesthe tract of country contained within the following bounds, viz: beginning on the east bank of the Chattuga river, where the boundary line of the Cherokee nation crosses the same, running thence with the said boundary line to a rock on the blue ridge, where the boundary line crosses the same, and which rock has been lately established as a corner to the states of North and South Carolina, running thence south, sixtyeight and a quarter degrees, west, twenty miles and thirtytwo chains, to a rock on the Chattuga river, at the thirty-fifth degree of north latitude, another corner of the boundaries agreed upon by the states of North and South Carolina, thence down and with the Chattuga to the beginning. Art. 2. For and in consideration of the above cession, the S. Carolina to United States promise and engage that the state of South Caro- pay Chem kees $5,000 lina shall pay to the Cherokee nation, or its accredited agent, within 90 days the sum of five thousand dollars within ninety days after the after the rati president and senate shall have ratified this treaty: Provided, treaty, &c. that the Cherokee nation shall have sanctioned the same in fication of this council: and provided also that the executive of the state of South Carolina, shall approve of the stipulations contained in this article. In testimony whereof, the said commissioner, and the undersigned chiefs and head men of the Cherokee nation, have hereto set their hands and seals. Treaty with the Cherokees. Doubts in re lation to the boundary of northern the Creek lands ceded by the treaty of fort Jack son. Post, chap. 8, No. 5.J zed to lands No. 11. Articles of a convention made and entered into between George Graham, specially authorized thereto by the president of the United States, and the undersigned chiefs and head men of the Cherokee nation, duly authorized and empowered by the said nation. Art. 1. Whereas doubts have existed in relation to the northern boundary of that part of the Creek lands lying west of the Coosa river, and which were ceded to the United States by the treaty held at fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen; and whereas by the third article of the treaty, dated the seventh of January, one thousand eight hundred and six, between the United States and the Cherokee nation, the United States have reAnd Cherokee cognized a claim on the part of the Cherokee nation to the claim recogni- lands south of the big bend of the Tennessee river, and exsouth of the tending as far west as a place on the waters of Bear creek, [a big bend of branch of the Tennessee river] known by the name of the Tennessee river, by 3d Flat Rock, or stone: it is, therefore, now declared and agreed, art. treaty of that a line shall be run from a point on the west bank of the 7th Jan. 1806. Coosa river, opposite to the lower end of the ten islands in (Ante, No. 9 of this chap.) said river, and above fort Strother, directly to the Flat Rock fixed or stone, on Bear Creek, [a branch of the Tennessee river :] as the bounda- which line shall be established as the boundary of the lands cery of the land ceded by the ded by the Creek nation to the United States by the treaty Creeks, and held at fort Jackson on the ninth day of August, one thousand claimed by the eight hundred and fourteen, and of the lands claimed by the Cherokee nation, lying west of the Coosa and south of the Tennessee rivers. A line of the land Cherokees. Free use of roads to the U. States Art. 2. It is expressly agreed, on the part of the Cherokee nation, that the United States shall have the right to lay off, tion; also of open and have the free use of such road or roads, through any through the part of the Cherokee nation, lying north of the boundary line Cherokee nanow established, as may be deemed necessary for the free in- rivers, &c: tercourse between the states of Tennessee and Georgia, and the Mississippi territory. And the citizens of the United States shall freely navigate and use, as a highway, all the rivers and waters within the Cherokee nation. The Cherokee Cherokees to nation further agree, to establish and keep up, on the roads to keep up ferries and pub be opened under the sanction of this article, such ferries and lic houses. public houses as may be necessary for the accommodation of the citizens of the United States. missioners to Art. 3. In order to preclude any dispute hereafter, rela- Cherokees to five to the boundary line now established, it is hereby agreed appoint comthat the Cherokee nation shall appoint two commissioners to attend the suraccompany the commissioners already appointed on the part vey of the of the United States, to run the boundary lines of the lands boundary line. ceded by the Creek nation to the United States, while they are engaged in running that part of the boundary established by the first article of this treaty. missioner to Art. 4. In order to avoid unnecessary expense and delay, Also to apit is further agreed, that whenever the president of the United point one com States may deem it expedient to open a road through any part attend the of the Cherokee nation, in pursuance of the stipulations of marking the the second article of this convention, the principal chief of the road, &c. to Cherokee nation, shall appoint one commissioner to accompa- U. S. ny the commissioners appointed by the president of the United States, to lay off and mark the road; and the said commissioner shall be paid by the United States. be paid by the amount to Art: 5. The United States agree to indemnify the indi- U. States to pay for losses viduals of the Cherokee nation for losses sustained by them in by militia, &c. consequence of the march of the militia and other troops in ascertained to the service of the United States, through that nation; which losses have been ascertained by the agents of the United States to amount to twenty-five thousand five hundred dollars. In testimony whereof, the said commissioner and the undersigned chiefs and head men of the Cherokee nation, have hereunto set their hands and seals. Done at the city of Washington, this twenty-second day of March, one thousand eight hundred and sixteen. $25,500. kees. Treaty with No. 12. To perpetuate peace and friendship between the United States and the Chero- Cherokee tribe or nation of Indians, and to remove all future causes of dissention which may arise 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: Peace and Art. 1. Peace and friendship are hereby firmly established friendship es- between the United States and Cherokee nation or tribe of Indians. tablished. Western boundary of the Cherokee nation. Cede to U. S. lands south and west of 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 Tombigbee rivers, thence eastwardly along said ridge, leaving the head waters of the Black Warrior to the right hand, until opposed by the west branch of Will'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 said boundary, the line, as described in the second article; and, in considerafor an annuity tion of said relinquishment and cession, the commissioners agree of $6,000, for to allow the Cherokee nation an annuity of six thousand dolten years, and $5,000 for im- lars, to continue for ten successive years, and five thousand provements. 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 marked by Art. 4. The two contracting parties covenant and agree, that the line, as described in the second article, shall be ascercommissioners tained and marked by commissioners, to be appointed by the attended by president of the United States; that the marks shall be bold; two persons of trees to be blazed on both sides of the line, and the fore and the Cherokee aft trees to be marked with the letters U. S.; that the commis who are to be nation. Cherokee na sioners 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 tion to meet at general Andrew Jackson, general David Meriwether, and JesTurkey Town to ratify this se Franklin, esquire, in council, at Turkey's Town, Coosa river, treaty; if they on the 28th of September, instant, there and then to express do not, treaty their approbation, or not, of the articles of this treaty; and if to be reputed as ratified. 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. |