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Treaty of New Echota, Dec. 29, 1835
Treaty
of New Echota
December 29, 1835
Articles of a treaty, concluded at New Echota in the State of
Georgia on the 29th day of Decr. 1835 by General William Carroll
and John F. Schermerhorn commissioners on the part of the United
States and the Chiefs Head Men and People of the Cherokee tribe
of Indians. /A/
WHEREAS the Cherokees are anxious to make some arrangements with
the Government of the United States whereby the difficulties
they have experienced by a residence within the settled parts
of the United States under the jurisdiction and laws of the State
Governments may be terminated and adjusted; and with a view to
reuniting their people in one body and securing a permanent home
for themselves and their posterity in the country selected by
their forefathers without the territorial limits of the State
sovereignties, and where they can establish and enjoy a government
of their choice and perpetuate such a state of society as may
be most consonant with their views, habits and condition; and
as may tend to their individual comfort and their advancement
in civilization. /B/
And whereas a delegation of the Cherokee nation composed of Messrs.
John Ross Richard Taylor Danl. McCoy Samuel Gunter and William
Rogers with full power and authority to conclude a treaty with
the United States did on the 28th day of February 1835 stipulate
and agree with the Government of the United States to submit
to the Senate to fix the amount which should be allowed the Cherokees
for their claims and for a cession of their lands east of the
Mississippi river, and did agree to abide by the award of the
Senate of the United States themselves and to recommend the same
to their people for their final determination.
And whereas on such submission the Senate advised "that
a sum not exceeding five millions of dollars be paid to the Cherokee
Indians for all their lands and possessions east of the Mississippi
river."
And whereas this delegation after said award of the Senate had
been made, were called upon to submit propositions as to its
disposition to be arranged in a treaty which they refused to
do, but insisted that the same "should be referred to their
nation and there in general council to deliberate and determine
on the subject in order to ensure harmony and good feeling among
themselves."
And whereas a certain other delegation composed of John Ridge
Elias Boudinot Archilla Smith S. W. Bell John West Wm. A. Davis
and Ezekiel West, who represented that portion of the nation
in favor of emigration to the Cherokee country west of the Mississippi
entered into propositions for a treaty with John F. Schermerhorn
commissioner on the part of the United States which were to be
submitted to their nation for their final action and determination:
And whereas the Cherokee people, at their last October council
at Red Clay, fully authorized and empowered a delegation or committee
of twenty persons of their nation to enter into and conclude
a treaty with the United States commissioner then present, at
that place or elsewhere and as the people had good reason to
believe that a treaty would then and there be made or at a subsequent
council at New Echota which the commissioners it was well known
and understood, were authorized and instructed to convene for
said purpose; and since the said delegation have gone on to Washington
city, with a view to close negotiations there, as stated by them
notwithstanding they were officially informed by the United States
commissioner that they would not be received by the President
of the United States; and that the Government would transact
no business of this nature with them, and that if a treaty was
made it must be done here in the nation, where the delegation
at Washington last winter urged that it should be done for the
purpose of promoting peace and harmony among the people; and
since these facts have also been corroborated to us by a communication
recently received by the commissioner from the Government of
the United States and read and explained to the people in open
council and therefore believing said delegation can effect nothing
and since our difficulties are daily increasing and our situation
is rendered more and more precarious uncertain and insecure in
consequence of the legislation of the States; and seeing no effectual
way of relief, but in accepting the liberal overtures of the
United States.
And whereas Genl William Carroll and John F. Schermerhorn were
appointed commissioners on the part of the United States, with
full power and authority to conclude a treaty with the Cherokees
east and were directed by the President to convene the people
of the nation in general council at New Echota and to submit
said propositions to them with power and authority to vary the
same so as to meet the views of the Cherokees in reference to
its details.
And whereas the said commissioners did appoint and notify a general
council of the nation to convene at New Echota on the 21st day
of December 1835; and informed them that the commissioners would
be prepared to make a treaty with the Cherokee people who should
assemble there and those who did not come they should conclude
gave their assent and sanction to whatever should be transacted
at this council and the people having met in council according
to said notice.
Therefore the following articles of a treaty are agreed upon
and concluded between William Carroll and John F. Schermerhorn
commissioners on the part of the United States and the chiefs
and head men and people of the Cherokee nation in general council
assembled this 29th day of Decr 1835.
ARTICLE 1. The Cherokee nation hereby cede relinquish and convey
to the United States all the lands owned claimed or possessed
by them east of the Mississippi river, and hereby release all
their claims upon the United States for spoliations of every
kind for and in consideration of the sum of five millions of
dollars to be expended paid and invested in the manner stipulated
and agreed upon in the following articles But as a question has
arisen between the commissioners and the Cherokees whether the
Senate in their resolution by which they advised "that a
sum not exceeding five millions of dollars be paid to the Cherokee
Indians for all their lands and possessions east of the Mississippi
river" have included and made any allowance or consideration
for claims for spoliations it is therefore agreed on the part
of the United States that this question shall be again submitted
to the Senate for their consideration and decision and if no
allowance was made for spoliations that then an additional sum
of three hundred thousand dollars be allowed for the same. /C/
ARTICLE 2. Whereas by the treaty of May 6th 1828 and the supplementary
treaty thereto of Feb. 14th 1833 with the Cherokees west of the
Mississippi the United States guarantied and secured to be conveyed
by patent, to the Cherokee nation of Indians the following tract
of country "Beginning at a point on the old western territorial
line of Arkansas Territory being twenty-five miles north from
the point where /D/ the territorial line crosses Arkansas river,
thence running from said north point south on the said territorial
line where the said territorial line crosses Verdigris river;
thence down said Verdigris river to the Arkansas river; thence
down said Arkansas to a point where a stone is placed opposite
the east or lower bank of Grand river at its junction with the
Arkansas; thence running south forty-four degrees west one mile;
thence in a straight line to a point four miles northerly, from
the mouth of the north fork of the Canadian; thence along the
said four mile line to the Canadian; thence down the Canadian
to the Arkansas; thence down the Arkansas to that point on the
Arkansas where the eastern Choctaw boundary strikes said river
and running thence with the western line of Arkansas Territory
as now defined, to the southwest corner of Missouri; thence along
the western Missouri line to the land assigned the Senecas; thence
on the south line of the Senecas to Grand river; thence up said
Grand river as far as the south line of the Osage reservation,
extended if necessary; thence up and between said south Osage
line extended west if necessary, and a line drawn due west from
the point of beginning to a certain distance west, at which a
line running north and south from said Osage line to said due
west line will make seven millions of acres within the whole
described boundaries. In addition to the seven millions of acres
of land thus provided for and bounded, the United States further
guaranty to the Cherokee nation a perpetual outlet west, and
a free and unmolested use of all the country west of the western
boundary of said seven millions of acres, as far west as the
sovereignty of the United States and their right of soil extend:
Provided however That if the saline or salt plain on the western
prairie shall fall within said limits prescribed for said outlet,
the right is reserved to the United States to permit other tribes
of red men to get salt on said plain in common with the Cherokees;
And letters patent shall be issued by the United States as soon
as practicable for the land hereby guarantied." /E/
And whereas it is apprehended by the Cherokees that in the above
cession there is not contained a sufficient quantity of land
for the accommodation of the whole nation on their removal west
of the Mississippi the United States in consideration of the
sum of five hundred thousand dollars therefore hereby covenant
and agree to convey to the said Indians, and their descendants
by patent, in fee simple the following additional tract of land
situated between the west line of the State of Missouri and the
Osage reservation beginning at the southeast corner of the same
and runs north along the east line of the Osage lands fifty miles
to the northeast corner thereof; and thence east to the west
line of the State of Missouri; thence with said line south fifty
miles; thence west to the place of beginning; estimated to contain
eight hundred thousand acres of land; but it is expressly understood
that if any of the lands assigned the Quapaws shall fall within
the aforesaid bounds the same shall be reserved and excepted
out of the lands above granted and a pro rata reduction shall
be made in the price to be allowed to the United States for the
same by the Cherokees. /F/
ARTICLE 3. The United States also agree that the lands above
ceded by the treaty of Feb. 14 1833, including the outlet, and
those ceded by this treaty shall all be included in one patent
executed to the Cherokee nation of Indians by the President of
the United States according to the provisions of the act of May
28 1830. It is, however, agreed that the military reservation
at Fort Gibson shall be held by the United States. But should
the United States abandon said post and have no further use for
the same it shall revert to the Cherokee nation. The United States
shall always have the right to make and establish such post and
military roads and forts in any part of the Cherokee country,
as they may deem proper for the interest and protection of the
same /G/ /H/ /I/ and the free use of as much land, timber, fuel
and materials of all kinds for the construction and support of
the same as may be necessary; provided that if the private rights
of individuals are interfered with, a just compensation therefor
shall be made.
ARTICLE 4. The United States also stipulate and agree to extinguish
for the benefit of the Cherokees the titles to the reservations
within their country made in the Osage treaty of 1825 to certain
half-breeds and for this purpose they hereby agree to pay to
the persons to whom the same belong or have been assigned or
to their agents or guardians whenever they shall execute after
the ratification of this treaty a satisfactory conveyance for
the same, to the United States, the sum of fifteen thousand dollars
according to a schedule accompanying this treaty of the relative
value of the several reservations. /J/
And whereas by the several treaties between the United States
and the Osage Indians the Union and Harmony Missionary reservations
which were established for their benefit are now situated within
the country ceded by them to the United States; the former being
situated in the Cherokee country and the latter in the State
of Missouri. It is therefore agreed that the United States shall
pay the American Board of Commissioners for Foreign Missions
for the improvements on the same what they shall be appraised
at by Capt. Geo. Vashon Cherokee sub-agent Abraham Redfield and
A.P. Chouteau or such persons as the President of the United
States shall appoint and the money allowed for the same shall
be expended in schools among the Osages and improving their condition.
It is understood that the United States are to pay the amount
allowed for the reservations in this article and not the Cherokees.
/K/
ARTICLE 5. The United States hereby covenant and agree that the
lands ceded to the Cherokee nation in the forgoing article shall,
in no future time without their consent, be included within the
territorial limits or jurisdiction of any State of Territory.
But they shall secure to the Cherokee nation the right by their
national councils to make and carry into effect all such laws
as they may deem necessary for the government and protection
of the persons and property within their own country belonging
to their people or such persons as have connected themselves
with them: provided always that they shall not be inconsistent
with the constitution of the United States and such acts of Congress
as have been or may be passed regulating trade and intercourse
with the Indians; and also, that they shall not be considered
as extending to such citizens and army of the United States as
may travel or reside in the Indian country by permission according
to the laws and regulations established by the Government of
the same. /L/
ARTICLE 6. Perpetual peace and friendship shall exist between
the citizens of the United States and the Cherokee Indians. The
United States agree to protect the Cherokee nation from domestic
strife and foreign enemies and against intestine wars between
the several tribes. The Cherokees shall endeavor to preserve
and maintain the peace of the country and not make war upon their
neighbors they shall also be protected against interruption and
intrusion from citizens of the United States, who may attempt
to settle in the country without their consent; and all such
persons shall be removed from the same by order of the President
of the United States. But this is not intended to prevent the
residence among them of useful farmers mechanics and teachers
for the instruction of Indians according to treaty stipulations.
/M/
ARTICLE 7. The Cherokee nation having already made great progress
in civilization and deeming it important that every proper and
laudable inducement should be offered to their people to improve
their condition as well as to guard and secure in the most effectual
manner the rights guarantied to them in this treaty, and with
a view to illustrate the liberal and enlarged policy of the Government
of the United States towards /N/ the Indians in their removal
beyond the territorial limits of the States, it is stipulated
that they shall be entitled to a delegate in the House of Representatives
of the United States whenever Congress shall make provision for
the same.
ARTICLE 8. The United States also agree and stipulate to remove
the Cherokees to their new homes and to subsist them one year
after their arrival there and that sufficient number of steamboats
and baggagewagons shall be furnished to remove them comfortably,
and so as not to endanger their health, and that a physician
well supplied with medicines shall accompany each detachment
of emigrants removed by the Government. Such persons and families
as in the opinion of the emigrating agent are capable of subsisting
and removing themselves shall be permitted to do so; and they
shall be allowed in full for all claims for the same twenty dollars
for each member of their family; and in lieu of their one year's
rations they shall be paid the sum of thirty-three dollars and
thirty-three cents if they prefer it. /O/
Such Cherokees also as reside at present out of the nation and
shall remove with them in two years west of the Mississippi shall
be entitled to allowance for removal and subsistence as above
provided.
ARTICLE 9. The United States agree to appoint suitable agents
who shall make a just and fair valuation of all such improvements
now in the possession of the Cherokees as add any value to the
lands; and also of the ferries owned by them, according to their
net income; and such improvements and ferries from which they
have been dispossessed in a lawless manner or under any existing
laws of the State where the same may be situated. /P/
The just debts of the Indians shall be paid out of any monies
due them for their improvements and claims; and they shall also
be furnished at the discretion of the President of the United
States with a sufficient sum to enable them to obtain the necessary
means to remove themselves to their new homes, and the balance
of their dues shall be paid them at the Cherokee agency west
of the Mississippi. The missionary establishments shall also
be valued and appraised in a like manner and the amount of them
paid over by the United States to the treasurers of the respective
missionary societies by whom they have been established and improved
in order to enable them to erect such buildings and make such
improvments among the Cherokees west of the Mississippi as they
may deem necessary for their benefit. Such teachers at present
among the Cherokees as this council shall select and designate
shall be removed west of the Mississippi with the Cherokee nation
and on the same terms allowed to them.
ARTICLE 10. The President of the United States shall invest in
some safe and most productive public stocks of the country for
the benefit of the whole Cherokee nation who have removed or
shall remove to the lands assigned by this treaty to the Cherokee
nation west of the Mississippi the following sums as a permanent
fund for the purposes hereinafter specified and pay over the
net income of the same annually to such person or persons as
shall be authorized or appointed by the Cherokee nation to receive
the same and their receipt shall be a full discharge for the
amount paid to them viz: the sum of two hundred thousand dollars
in addition to the present annuities of the nation to constitute
a general fund the interest of which shall be applied annually
by the council of the nation to such purposes as they may deem
best for the general interest of their people. The sum of fifty
thousand dollars to constitute an orphans' fund the annual income
of which shall be expended towards the support and education
of such orphan children as are destitute of the means of subsistence.
The sum of one hundred and fifty thousand dollars in addition
to the present school fund of the nation shall constitute a permanent
school fund, the interest of which shall be applied annually
by the council of the nation for the support of /Q/ common schools
and such a literary institution of a higher order as may be established
in the Indian country. And in order to secure as far as possible
the true and beneficial application of the orphans' and school
fund the council of the Cherokee nation when required by the
President of the United States shall make a report of the application
of those funds and he shall at all times have the right if the
funds have been misapplied to correct any abuses of them and
direct the manner of their application for the purposes for which
they were intended. The council of the nation may by giving two
years' notice of their intention withdraw their funds by and
with the consent of the President and Senate of the United States,
and invest them in such manner as they may deem most proper for
their interest. The United States also agree and stipulate to
pay the just debts and claims against the Cherokee nation held
by the citizens of the same and also the just claims of citizens
of the United States for services rendered to the nation and
the sum of sixty thousand dollars is appropriated for this purpose
but no claims against individual persons of the nation shall
be allowed and paid by the nation. The sum of three hundred thousand
dollars is hereby set apart to pay and liquidate the just claims
of the Cherokees upon the United States for spoliations of every
kind, that have not been already satisfied under former treaties.
ARTICLE 11. The Cherokee nation of Indians believing it will
be for the interest of their people to have all their funds and
annuities under their own direction and future disposition hereby
agree to commute their permanent annuity of ten thousand dollars
for the sum of two hundred and fourteen thousand dollars, the
same to be invested by the President of the United States as
a part of the general fund of the nation; and their present school
fund amounting to about fifty thousand dollars shall constitute
a part of the permanent school fund of the nation. /R/
ARTICLE 12. Those individuals and families of the Cherokee nation
that are averse to a removal to the Cherokee country west of
the Mississippi and are desirous to become citizens of the States
where they reside and such as are qualified to take care of themselves
and their property shall be entitled to receive their due portion
of all the personal benefits accruing under this treaty for their
claims, improvements and per capita; as soon as an appropriation
is made for this treaty. /S/
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