To ascertain the exact position of the parties in respect to each other, we shall call the attention of the reader to a few of the treaties and laws which regulate the subject-matter, confining ourselves chiefly to those which have been made most recently. Our present system of Indian relations, although commenced under the Administration of General WASHINGTON, has been chiefly built up since the Revolution war between the United States and Great Britain. The "Treaties" have been so numerous, that it is impossible, in a work like this, to enter into their details, or to do more than to refer in a compendious manner to their leading features. We shall adopt this plan as sufficient for our purpose. The following propositions, then, will be found to contain the leading principles of this anomalous diplomacy, and to have obtained admission into our "Treaties" with nearly all the tribes: 1. The United States have almost invariably given presents, in money, arms, clothing, farming implements, and trinkets, upon the negotiation of a treaty; and in treaties for the purchase of territory, we pay an equivalent for the lands, in money or merchandise, or both, which payment is generally made in the form of annuities, limited or perpetual. 2. When a tribe cedes the territory on which they reside, other territory is specified for their future occupancy, and the United States guarantee to them the title and peaceable possession thereof. 3. The Indians acknowledge themselves to be under the protection of the American Government, and of no other power whatsoever. 4. They engage not to make war with each other, or with any foreign power, without the consent of the United States. 5. They agree to sell their lands only to the United States. Our citizens are prohibited by law from taking grants of land from the Indians; and any transfer or cession made by them, except to our Government, would be considered void. 6. White men found hunting on the Indian lands, may be apprehended by them, and delivered up to the nearest agent of the United States. 7. White men are not to trade with the Indians, nor reside in their country without license from our authorities. 8. An Indian who commits a murder upon a white man, is to be delivered up to be tried and punished under our laws; stolen property is to be returned, or the tribe to be accountable for its value. 9. The United States claims the right of navigation, on all navigable rivers which pass through an Indian territory. 10. The tribes agree that they will at all times allow to traders? and other persons traveling through their country, under the authority of the United States, a free and safe passage for themselves and their property; and that for such passage, they shall at no time, and on no account whatever, be subject to any toll or exaction. 11. Should any tribe of Indians, or other power, meditate a war against the United States, or threaten any hostile act, and the same shall come to the knowledge of a tribe in amity with the United States, the latter shall give notice thereof to the nearest Governor of a State, or officer commanding the troops of the United States. 12. No tribe in amity with the United States shall supply arms or ammunition, or any warlike aid, implements, or munition, to a tribe not in amity with us. If we turn to the Statute Books, for the purpose of showing the spirit of our legislation in regard to the Indian tribes, it will be seen that the leading intention of those laws, as expressed on their face, is just and benevolent. Whatever mistakes our Government may have committed, and however their beneficence may have been misdirected, it could never have been their purpose to oppress a people towards whom they have used language, such as we find in the several acts of Congress, relating to the Indians, and of which the following expressions are specimens: "For the purpose of providing against the further decline, and final extinction of the Indian tribes, adjoining the frontier settlements of the United States, and for introducing among them the habits and arts of civilization," etc. "In order to promote the civilization of the friendly Indians, and to secure the continuance of their friendship," etc. The third Article of an Ordinance for the government of the territory of the United States, north-west of the River Ohio, passed in 1787, runs as follows: "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall for ever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty, they shall never be invaded or disturbed unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them." These are noble sentiments; and they represent truly the feelings of the great body of the American people towards the aborigines, and the principles by which the intercourse with the Indian tribes was intended to be governed. We shall, when we come to inquire what have been the results of our intercourse with those tribes, and whether those results have realized the wishes of the American people, and the intentions of the Government, refer to these extracts as expressing those wishes and intentions. We shall not detail at large the statutory provisions to which we intend to refer, but will content ourselves with such a synopsis as will answer our purpose. Our Indian affairs are conducted by several superintendents, and a number of agents and sub-agents, who are required to reside within their respective agencies, and through whom the Government conducts all its negotiations with the tribes, except when special trusts are committed to military officers, or to commissioners appointed for the occasion. We regulate the trade with them by statute, rigorously prohibiting all ingress into their country by our citizens, or by foreigners, and all traffic, except by special license from our authorities. An Indian who kills a white man, or a white man who slays an Indian, are alike tried by our laws, and in our courts, even though the offense may have been committed in the Indian Territory. Larceny, robbery, trespass, or other offense, committed by white men against the Indians, in the country of the latter, is punishable in our courts, and where the offender is unable to make restitution, the just value of the property taken or destroyed is paid by our Government; if a similar aggression is committed by an Indian against a white man, the tribe is held responsible. The President is authorized to furnish to the tribes, schoolmasters, artisans, teachers of husbandry and the mechanic arts, tools, implements of agriculture, domestic animals; and generally to exert his influence to introduce the habits and arts of social life among them. Although we have omitted a great many provisions similar to those which we have quoted, we believe that we have not passed over anything that is necessary to a fair exposition of the principles of our negotiations with the Indians, and our legislation over them. It will be seen that we have never claimed the right, nor avowed the intention to extirpated this unhappy race, to strip them of their property, or to deprive them of those natural rights which we have, in our Declaration of Independence, emphatically termed indefeasible. On the contrary, our declared purpose, repeatedly and solemnly avowed, has been to secure their friendship- to civilize them- to give them the habits and arts of social life- to elevate their character, and increase their happiness. If it be asked, to what extent these objects have been attained, the answer must be appalling to every friend of humanity. It is so seldom that the energies of a powerful Government have been steadily directed to the accomplishment of a benevolent design, that we cannot, without deep regret, behold the exertion of such rare beneficence defeated of its purpose. Yet it is most certainly true, that notwithstanding all our professions, and our great expenditure of labor and money, the Indians, so far from advancing one step in civilization and happiness, so far from improving in their condition, or rising in the scale of moral being, are every day sinking lower in misery and barbarism. The virtues which they cherished in their aboriginal state, have been blunted by their intercourse with the whites, and they have acquired vices which were unknown to their simple progenitors. We take no account here of the CREEKs, Cherokees, Choctaws, and Chickasaws, a portion of whom present an exception to the great body of the Indians. We speak of the wandering tribes- of the Indians at large, who continue to reject the arts and habits of social life, who fear and despise the white man, and tenaciously adhere to all the ferocious customs and miserable expedients of savage life. If we have failed to soften their rude natures, to enlighten their understandings, or to imbue their minds with any of our principles of moral action, equally have we failed to secure their friendship. We have tamed them into submission by displays of our power, or brought them into subservience with our money, but we have not gained their love or their confidence. Nor is this all. Our system is not only inefficient, but it is positively mischievous. Its direct tendency is to retard the civilization of the Indian. We have stripped their nations of freedom, sovereignty, and independence. We claim the right to regulate their trade, to navigate their rivers, to have ingress into their country; we forbid all intercourse with them, except by special license from our authorities; we try them in our courts for offenses committed in their country, and we do not acknowledge the existence of any tribunal among them, having authority to inflict a penalty on one of our citizens. They are subjected to the restraints, without enjoying the privileges, the protection, or the moral influence, of our laws. Theirs is, therefore, a state of subjection- of mere misology- precisely that state which has always been found to destroy the energies, and degrade the character, of a people. But, as if by a refinement of cruelty, similar to that which decks a victim in costly robes, and surrounds him with pleasing objects of sense, at the moment of execution, we leave them in the nominal possession of independence, and in the possession of all their long-cherished and idolized customs, prejudices, and superstitions. They are kept separate from us, and their own national pride naturally co-operates with our injudicious policy, to keep them for ever a distinct, an alien, and a hostile people. They gain nothing by the example of our industry, the precepts of our religion, the influence of our laws, our arts, our institutions, for they see or feel nothing of the salutary operation of all these, and only know them in their terrors or their restraints. They are a subjected people, governed by laws in the making of which they have no voice, and enjoying none of the privileges pertaining to the citizens of the nation which rules them. They obey their own laws and customs, so far as these do not conflict with our convenience; and are left without law, so far as our interference is concerned, except where our interest induces us to stretch over them the arm of authority. By giving them presents and annuities, we support them in idleness, and cherish their wandering and unsettled habits. We bribe them into discontent, by teaching them that every public convention held for the settlement of misunderstandings, is to bring them valuable tributes; while the same cause trains them to duplicity, and induces them to exercise all their ingenuity in seeking out causes of offense? and in compounding their grievances to the best advantage. These are the accidental, and unintentional, but unavoidable effects of a system, which is radically wrong, though devised and maintained in the spirit of benevolence. If all this is faulty in principle, it is still worse in practice. The Indian Department has already become one of the most expensive branches of our Government. Our foreign relations are scarcely more costly than our negotiations with the tribes. If the vast sums which are annually laid out in this manner were productive of any permanent good to the Indians, no patriot or Christian would regret the expenditure. But when we see our treasure squandered with a lavish hand, not only without any good effect, but with great positive injury to the miserable race, whom we have reduced to the state of dependence upon our bounty, it is time to pause. When we examine further, and see how large a portion of these vast sums are intercepted before they reach the hand of the Red man- how much is expended in sustaining military posts, paying agents, transporting merchandise, holding treaties, and keeping in operation, in various ways, a vast, compomplicated, and useless machinery- when we reflect how much is unavoidably lost, squandered, and misapplied, the question assumes a fearful importance. [See: The History of the North American Indians (Vol. II); By James Hall, Philadelphia, PA. 1836] SOME TREATIES with Colonist: Among the manuscript archives of South Carolina there was said to br, some 50 years ago (1850) a treaty or Agreement between Colony South Carolina & Cherokee and signed with the hieroglyphies of 8 Chiefs of the Lower Towns, (If still in existence, this is probably the oldest Cherokee treaty on record.) viz; 1. Corani, the Raven (Ka'landi) of Toxawa 2. Sinnawa, the Hawk (Tla'nuwa) of Toxawa 3. Nellawgitehi, of Toxawa 4. Gorhaleke, of Toxawa 5. Owasta, of Toxawa 6. Canacaught, the Great Conjuror, of Keowa 7. Gohoma, of Keowa 8. Caunasaita, of Keowa (Source See Mooney, Pg31) (Mooney listed his Source as "Noted in Cherokee Advocate, Tahlequah, Indian Territory, Jan 30, 1845) The practice of concluding treaties with the American Indians was initiated in the colonial period by the British, who employed them especially after the British victory in the French and Indian War (1754-63). During the American Revolution, the United States government adopted the treaty system, signing its first treaty with the Delawares in 1778. The major purposes of such treaties were to obtain land cessions from the tribes, to determine boundaries between Indian and white lands, and to regulate trade. By adopting the treaty system, the British and United States governments recognized the prior ownership of land by Indian tribes and in effect also acknowledged their strength and their status as independent nations. The most important of the early treaties were those of Fort Stanwix (1768 and in 1784), by which the IROQUOIS LEAGUE ceded rights in the trans-Appalachian country. When the Treaty of Paris was signed in 1783, GREAT BRITAIN ceded to the UNITED STATES all territory West of the Mississippi River and North to the 31st Parallel. This set the stage for the Treaty of Hopewell. On January 10, 1786, the Treaty of Hopewell signaled the beginning of an official bond between the United States and the Southeast Indians. This treaty was later to be recognized as a powerful instrument because, from this date on, the independence of the Indian Nations will be eroded by the United States. "The Shaownae nation do acknowledge the United States to be sole and absolute sovereigns of all the territory ceded to them by a treaty of peace made between them and the King of Great Britain, on the 14th January 1786." The federal act of the "Indian Trade and Intercourse Act" (1790) had prohibited sale of Indian lands without prior federal approval, but vast sections of the eastern United States passed from Indian control after that time. -Treaty of 2nd July 1791. "Holston Treaty" "It is agreed on the part of the Cherokees, that the United States shall have the sole and absolute right to regulate their trade." The Chief Little Turtle, led MIAMI & SHAWNEE to a defeat at Battle of Fallen Timbers and signed the Treaty of Greenville (1795), by which 12 northeastern tribes surrendered the southeastern corner of the then NORTHEAST TERRITORY to the United States. "Tellico Treaty", The Federal Government and the Cherokees signed 02 Oct 1798 the treaty which further refined the Holston Treaty of 1791. Which marked off the lines extended from Kingston, (Roane Co.) TN. to "Blanket Mountain" head waters of Jake's Creek near Elkmount, TN. [Ramsey pg20] [See: Tellico Blockhouse] 1802 - President Thomas JEFFERSON signs 1st "Georgia Compact". This compact was entered into between the United States and the State of Georgia; the fourth article of which stipulates, :that the United States shall, at their own expense, extinguish, for the use of Georgia, as early as the same can be peaceably effected, on reasonable terms, the Indian title to the lands within the forks of the Oconnee and Oakmulgee Rivers, etc. etc.; and that the United States shall, in the same manner, also extinguish the Indian title to all the other lands within the State of Georgia." The United States, in pursuance of this compact, proceeded from time to time, by treaties, to extinguish the Indian title to lands within the limits of Georgia. Under five treaties, the Creek Indian title to about fifteen million of acres of land was extinguished; and the United States paid Georgia, in money, one million two hundred and fifty thousand dollars in lieu of lands which had been ceded to the Creek Indians. From 1803 onward, total opposition to the Indians as an ethnic group was in order. The true callousness of United States toward the Indian Nations did not surface until after (Spain ceded to France, 1800, France ceded to U.S. 1803) the Louisiana Purchase. Before that time, U.S. French and Spanish agents actively courted the Indian Nations with supplies from their emissaries. After the U.S. no longer had any fear for Spanish or French influence among any Indian tribe, the objective of the U.S. government became clear. The end aim was U.S. supremacy. President ANDREW JACKSON, JOHN COFFEE and ISAAC SHELBY used threats as well as withholding annuities to the Indian Nations, to gradually obtain all the Indian Nations lands east of the Mississippi River. -Treaty of 9th August 1814. The United States demand an acknowledgment of the right to establish military posts and trading houses, and to open roads within the territory guaranteed to the CREEK nation in the second Article, and the right to the navigation of all its waters." By 1815 most of the Indians north of the Ohio River had been subdued, and sentiment was strong to force all Indians to settle west of the Mississippi River. Although treaties to effect this end were formally negotiated, coercion, bribery, and the use of alcohol became commonplace in wringing favorable terms from reluctant tribal leaders. The LOVELY'S PURCHASE of 1816, was a result of a conference between the OSAGES and the CHEROKEES, convened at the mouth of the Verdigris River. Major WILLIAM LOVELY, Cherokee agent in the West, obtained an agreement whereby the OSAGES ceded to the United States the land as follows: "Beginning at the Arkansas River .. Frog Bayoy .. then up the Arkansas and Verdigris to the falls of the Verdigris River .. thence Eastwardly, to the said OSAGE boundary line, at a point 20 leagues North from the Arkansas River .. and, with that line, to the point of beginning..." The CHOCTAWS who some had been relocated in the now state of Arkansas Treaty of 1816, had created friction between white settlers and the Indians and led eventually to the establishment of a "permanent" western boundary for Arkansas. So Congress created the Arkansas Territory on March 2, 1819, the region what is now Oklahoma, (west to the 100th meridian) was included within its boundaries. The area North of the Canadian River, belonged to the OSAGE Indians (ceded to U.S. in 1825) and the area South of the Canadian River to the Red River, belonged to the QUAPAWS, which was ceded to the United States in 1818. In the Treaty of 1817-18 the CHEROKEE first ceded land and started their removal from their ancestral lands East of the Mississippi to area to Arkansas Territory. The CHEROKEE agreed to exchange 1/3rd of the lands in the East for equal acreage located between the White River on the Northeast boundary and the Arkansas River on the Southwest boundary in the then Arkansas Territory.
Treaties (or Event) sorted by date. ..prs
1684, 1778, 1783, 1784, 1786, 1790, 1791, 1795, 1798, 1802, 1814, 1816, 1817, 1818, 1819, 1820, 1824, 1825, 1828, 1829, 1830, 1832, 1835, 1836, 1837, 1838, 1840, 1851, 1855, 1856, 1865, 1866, 1867, 1871, 1873, 1889, 1946,
Spain had title to the land West of the 100th meridian and South of the Red River by terms of the Adams-Onis' Treaty of 1819. Within two years, however the Mexican revolution had given the Mexican government a permanent hold upon former Spanish territory Southwest of the U.S. The Treaty of Doak's Stand 1820, about 1,000 CHOCTAW moved from their ancestral homes East of the Mississippi to West of the Mississippi in the then Arkansas Territory. This provided a new Eastern boundary for the CHOCTAW settlements on a line extending North from the mouth of the Little River to the Arkansas River. In 1824 Congress fixed the Western boundary of the Arkansas Territory on a line of 40 miles West of the Southwest corner of Missouri. As surveyed by John C. Brown, the new Arkansas boundary cut through the lower Kiamici River near the stream's mouth and crossed West of the Three Forks area. This act was a clear violation by the United States of the Treaty of Doak's Stand - 1820 The Arkansas delegate to Congress, HENRY W. CONWAY, protested the New Arkansas Treaty line of 1824. Declaring in a letter to Secretary of War JOHN C. CALHOUN that such a boundary would cut off a large number of Arkansas citizens (who should have NOT settled on Indian land in the first place ..prs) from the protection of Arkansas. Treaty of 2nd June 1825. "The Tetons, Yanctons, and Yanctonies, and bands of the Sioux, admit the right of the United States to regulate their trade." -Treaty of 2nd June 1825. Osage Nation, at Clarke. Arkansas "Fifty-four tracts of one mile square each, of the land ceded by this treaty, shall be laid off under the direction of the President of the United States, and sold, for the purpose of raising a fund, to be applied for the support of schools for the education of the Osage children." Treaty of 2nd June 1825. Osage Nation, at Clarke. Arkansas
Bureau of Indian Affairs (BIA)
US. Department of the Interior
Turkey Town Treaty of 1817
July 8, 1817
[.1 7 Stat., 156 I Proclamation, Dec. 26, 1817]
East of the Mississippi River
Articles of a treaty concluded, at the Cherokee Agency, within the Cherokee nation, between major general Andrew Jackson, Joseph McMinn, governor of the state of Tennessee, and General David Meriwether, commissioners plenipotentiary of the United States of America, of the one part, and the Chiefs, head men, and warriors, of the Cherokee nation, east of the Mississippi river, and the chiefs, head men, and warriors, of the Cherokees on the Arkansas river, and their deputies, John D. Chisholm and James Rogers, duly authorized by the chiefs of the Cherokees on the Arkansas river, in open council, by written power of attorney, duly signed and executed, in presence of Joseph Sevier and William Ware.
WHERESA in the autumn of the year one thousand eight hundred and eight, a deputation from the Upper and Lower Cherokee towns, duly authorized by their nation, went on to the city of Washington, the first  named to declare to the President of the United States their anxious desire to engage in the pursuits of agriculture and civilized life, in the country they then occupied, and to make known to the President of the United States the impracticability of inducing the nation at large to do this, and to request the establishment of a division line between the upper and lower towns, so as to include all the waters of the Hiwassee river to the upper town, that, by thus contracting their society within narrow limits, they proposed to begin the establishment of fixed laws and a regular government: The deputies from the lower towns to make known their desire to continue the hunter life, and also the scarcity of game where they then lived, and, under those circumstances, their wish to remove across the Mississippi river, on some vacant lands of the United States. And whereas the President of the United States, after maturely considering the petitions of both parties, on the ninth day of January, A. D. one thousand eight hundred and nine, including other subjects, answered those petitions as follows: "The United States, my children, are the friends of both parties, and, as far as can be reasonably asked, they are willing to satisfy the wishes of both. Those who remain may be assured of our patronage, our aid, and good neighborhood. Those who wish to remove, are permitted to send an exploring party to reconnoiter the country on the waters of the Arkansas and White rivers, and the higher up the better, as they will be the longer unapproached by our settlements, which will begin at the mouths of those rivers. The regular districts of the government of St. Louis are already laid off to the St. Francis.
"When this party shall have found a tract of country suiting the emigrants, and not claimed by other Indians, we will arrange with them and you the exchange of that for a just portion of the country they leave, and to a part of which, pro-portioned to their numbers, they have a right. Every aid towards their removal, and what will be necessary for them there, will then be freely administered to them; and when established in their new settlements, we shall still consider them as our children, give them the benefit of exchanging their peltries for what they will want at our factories, and always hold them firmly by the hand."
And whereas the Cherokees, relying on the promises of the President of the United States, as above recited, did explore the country on the west side of the Mississippi, and made choice of the country on the Arkansas and White rivers, settled themselves down upon United States lands, to which no other tribe of Indians have any just claim, and have duly notified the President of the United States thereof, and of their anxious desire for the full and complete ratification of his promise, and, to that end, as notified by the President of the United States, have sent on their agents, with full powers to execute a treaty, relinquishing to the United States all the right, title, and interest, to all lands of right to them belonging, as part of the Cherokee nation, which they have left, and which they are about to leave, proportioned to their numbers, including, with those now on the Arkansas, those who are about to remove thither, and to a portion of which they have an equal right agreeably to their numbers.
Now, know ye, that the contracting parties, to carry into full effect the before recited promises with good faith, and to promote a continuation of friendship with their brothers on the Arkansas river, and for that purpose to make an equal distribution of the annuities secured to be paid by the United States to the whole Cherokee nation, have agreed and concluded on the following articles, viz:
ARTICLE 1. The chiefs, head men, and warriors, of the whole Cherokee Nation, cede to the United States all the lands lying north and east of the following boundaries, viz:
Beginning at the high shoals of the Appalachy river, and running thence, along the boundary line between the Creek and Cherokee nations, westwardly to the Chatahouchy river; thence, up the Chatahouchy river, to the mouth of Souque creek; thence, continuing with the general course of the river until it reaches the Indian boundary line, and, should it strike the Turrurar river, thence, with its meanders, down said river to its mouth, in part of the pro-portion of land in the Cherokee nation east of the Mississippi, to which those now on the Arkansas and those about to remove there are justly entitled. <--- See: 1817 Map!
ARTICLE 2. The chiefs, head men, and warriors, of the whole Cherokee Nation, do also cede to the United States all the lands lying north and west of the following boundary lines, viz:
Beginning at the Indian boundary line that runs from the north bank of the Tennessee river, opposite to the mouth of Hywassee river, at a point on the top of Walden's ridge, where it divides the waters of the Tennessee river from those of the Sequatchie river; thence, along the said ridge, southwardly, to the bank of the Tennessee river, at a point near to a place called the Negro Sugar Camp, opposite to the upper end of the first island above Running Water Town; thence, westwardly, a straight line to the mouth of Little Sequatchie river; thence, up said river, to its main fork; thence, up its northern- most fork, to its source; and thence, due west, to the Indian boundary line.
ARTICLE 3. It is also stipulated by the contracting parties, that a census shall be taken of the whole Cherokee nation, during the month of June, in the year of our Lord one thousand eight hundred and eighteen, in the following manner, viz: That the census of those on the east side of the Mississippi river, who declare their intention of remaining, shall be taken by a commissioner appointed by the President of the United States, and a commissioner appointed by the Cherokees on the Arkansas river; and the census of the Cherokees on the Arkansas river, and those removing there, and who, at that time, declare their intention of removing there, shall be taken by a commissioner appointed by the President of the United States, and one appointed by the Cherokees east of the Mississippi river.
ARTICLE 4. The contracting parties do also stipulate that the annuity due from the United States to the whole Cherokee nation for the year one thousand eight hundred and eighteen, is to be divided between the two parts of the nation in proportion to their numbers, agreeably to the stipulations contained in the third article of this treaty; and to be continued to be divided thereafter in proportion to their numbers; and the lands to be apportioned and surrendered to the United States agreeably to the aforesaid enumeration, as the proportionate part, agreeably to their numbers, to which those who have removed, and who declare their intention to remove, have a just right, including these with the lands ceded in the first and second articles of this treaty.
ARTICLE 5. The United States bind themselves, in exchange for the lands ceded in the first and second articles hereof, to give to that part of the Cherokee nation on the Arkansas as much land on said river and White river as they have or may hereafter receive from the Cherokee nation east of the Mississippi, acre for acre, as the just proportion due that part of the nation on the Arkansas agreeably to their numbers; which is to commence on the north side of the Arkansas river, at the mouth of Point Remove or Budwell's Old Place; thence, by a straight line, northwardly, to strike Chataunga mountain, or the hill first above Shield's Ferry on White river, running up and between said rivers for complement, the banks of which rivers to be the lines; and to have the above line, from the point of beginning to the point on White river, run and marked, which shall be done soon after the ratification of this treaty; and all citizens of the United States, except Mrs. P. Lovely, who is to remain where she lives during life, removed from within the bounds as above named. And it is further stipulated, that the treaties heretofore between the Cherokee nation and the United States are to continue in full force with both parts of the nation, and both parts thereof entitled to all the immunities and privilege which the old nation enjoyed under the aforesaid treaties; the United States reserving the right of establishing factories, a military post, and roads, within the boundaries above defined.
ARTICLE 6. The United States do also bind themselves to give to all the poor warriors who may remove to the western side of the Mississippi river, one rifle gun and ammunition, one blanket, and one brass kettle, or, in lieu of the brass kettle, a beaver trap, which is to be considered as a full compensation for the improvements which they may leave; which articles are to be delivered at such point as the President of the United States may direct: and to aid in the removal of the emigrants, they further agree to furnish fiat bottomed boats and provisions sufficient for that purpose: and to those emigrants whose improvements add real value to their lands, the United States agree to pay a full valuation for the same, which is to be ascertained by a commissioner appointed by the President of the United States for that purpose, and paid for as soon after the ratification of this treaty as practicable. The boats and provisions promised to the emigrants are to be furnished by the agent on the Tennessee river, at such time and place as the emigrants may notify him of; and it shall be his duty to furnish the same.
ARTICLE 7. And for all improvements which add real value to the lands lying within the boundaries ceded to the United States, by the first and second articles of this treaty, the United States do agree to pay for at the time, and to be valued in the same manner, as stipulated in the sixth article of this treaty; or, in lieu thereof, to give in exchange improvements of equal value which the emigrants may leave, and for which they are to receive pay. And it is further stipulated, that all these improvements, left by the emigrants within the bounds of the Cherokee nation east of the Mississippi river, which add real value to the lands, and for which the United States shall give a consideration, and not so exchanged, shall be rented to the Indians by the agent, year after year, for the benefit of the poor and decrepit of that part of the nation east of the Mississippi river, until surrendered by the nation, or to the nation. And it is further agreed, that the said Cherokee nation shall not be called upon for any part of the consideration paid for said improvements at any future period.
ARTICLE 8. And to each and every head of any Indian family residing on the east side of the Mississippi river, on the lands that are now, or may hereafter be, surrendered to the United States, who may wish to become citizens of the United States, the United States do agree to give a reservation of six hundred and forty acres of land, in a square, to include their improvements, which are to be as near the centre thereof as practicable, in which they will have a life estate, with a reversion in fee simple to their children, reserving to the widow her dower, the register of whose names is to be filed in the office of the Cherokee agent, which shall be kept open until the census is taken as stipulated in the third article of this treaty. Provided, That if any of the heads of families, for whom reservations may be made, should remove therefrom, then, in that case, the right to revert to the United States. And provided further. That the land which may be reserved under this article, be deducted from the amount which has been ceded under the first and second articles of this treaty.
ARTICLE 9. It is also provided by the contracting parties, that nothing in the foregoing articles shall be construed so as to prevent any of the parties so contracting from the free navigation of all the waters mentioned therein.
ARTICLE 10. The whole of the Cherokee nation do hereby cede to the United States all right, title, and claim, to all reservations made to Doublehead and others, which were reserved to them by a treaty made and entered into at the city of Washington, bearing date the seventh of January, one thousand eight hundred and six.
ARTICLE 11. If, it is further agreed that the boundary lines of the lands ceded to the United States by the
<--- First and <--- Second Article of this treaty, and the boundary line of the lands ceded by the United States in the
<--- Fifth Article of this treaty, is to be run and marked by a commissioner or commissioners 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.
ARTICLE 12. The United States do also bind themselves to prevent the intrusion of any of its citizens within the lands ceded by the first and second articles of this treaty, until the same shall be ratified by the President and Senate of the United States, and duly promulgated.
ARTICLE 13. The contracting parties do also stipulate that this treaty shall take effect and be obligatory on the contracting parties so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate of the United States.
In witness of all and every thing herein determined, by and between the before recited contracting parties, we have, in full and open council, at the Cherokee Agency, this eighth day of July, A. D. one thousand eight hundred and seventeen, [08th July 1817] set our hands and seals:
Andrew Jackson, L/S Chickasautchee, (his x mark), Joseph McMinn, L/S The Bark of Chota, (his x mark), D. Meriwether, US Commisioner, L/S The Bark of Hightower, his x Richard Brown, (his x mark), John Walker, (his x mark), Cabbin Smith, (his x mark) Big Half Breed, (his x mark) Sleeping Rabbit, (his x mark) Going Snake, (his x mark), George Saunders, (his x mark), Leyestisky, (his x mark), Roman Nose, (his x mark), Ch. Hicks, Currobe Dick, (his x mark) Young Davis, (his x mark), George Lowry, Souanooka, (his x mark), Richard Taylor, The Locust, (his x mark) Walter Adair, Beaver Carrier, (his x mark) James Brown, Dreadful Water, (his x mark) Kelachule, (his x mark) Chyula, (his x mark) Sour Mush, (his x mark) Ja. Martin, Chulioa, (his x mark) John Mclntosh, (his x mark) Katchee of Cowee, (his x mark) White Man Killer, (his x mark), Arkansas chiefs: In presence of Toochalar, (his x mark), J. M. Glassel, secretary to the commission, The Glass, (his x mark), Thomas Wilson, clerk to the cornmissioners, Wassosee, (his x mark), Walter Adair, John Jolly, (his x mark), John Speirs, interpreter, (his x mark) The Gourd, (his x mark), A. McCoy, interpreter, Spring Frog, (his x mark), James C. Bronaugh, Hospital Surgeon U.S.Army John D. Chisholm, Isham Randolph, captain First Redoubtables, James Rogers, Wm. Meriwether, Wawhatchy, (his x mark), Return J. Meigs, agent Cherokee Nation Attalona, (his x mark), Kulsuttchee, (his x mark), Tuskekeetchee, (his x mark) Chillawgatchee, (his x mark), John Smith, (his x mark), Toosawallata, (his x mark) -Treaty of 3rd June 1825. Kansas Nation.
"The United States agree to furnish at Clarke, for the use of the Osage nation, a blacksmith and tools to mend their arms, and utensils of husbandry, and engage to build them a horse-mill or water-mill; also to furnish them with plows," etc. -Ibid. -Treaty of 3rd June 1825. Kansas Nation. "Thirty-six sections of good land on Big Blue River, shall be laid out under the direction of the President of the United States, and sold for the purpose of raising a fund to be applied, under the direction of the President, to the education of the Kansas children within their nation." -Ibid. President JOHN QUINCY ADAMS appointed JAMES S. CONWAY to re- survey the new line, and on Nov. 02, 1825, the survey work begun at Fort Smith, Arkansas. It was completed on Dec. 07. 1825. It's interesting to note that the 1825 CONWAY SURVEY was inaccurate. Some 52 years later,  and after a long diplomatic struggle, PETER P. PITCHLYNN Principal of the CHOCTAW NATION (1864-1866) obtained passage of an Act of Congress to authorize a new survey. HENRY E. McKEE United States surveyor, ran the line "due South" in April and May of 1877, not for the purposes of recovering land for the CHOCTAWS, but as a basis for payment of damages. According to McKEE'S 1877 survey, the establised in 1825 crosed the Red River West of the Treaty line by 4 miles, 16 Chains and deprived the CHOCTAW NATION some 136,204.02 acres. The CHOCTAW NATION was paid $62,102 ($2.19 per acre) for land given the the State of Arkansas by error in 1825. Of the sum awarded to the CHOCTAW NATION, however, 30 percent ($186,306) was taken for attorney fees and 20 percent ($124,204) to pay the expenses of the Chief PETER P. PITCHLYNN delegation, leaving about $31,051 left for the tribe. Because of white squatters into the Arkansas Territory, a new treaty of Treaty of 1825 required the CHOCKTAWS to ceded to the United States all of its land in the Arkansas Territory and move farther West to the present day Oklahoma. Land as follows:
"The United States, immediately after the ratification of this convention, shall cause to be furnished to the Kansas nation, 300 head of cattle, 300 hogs, 500 domestic fowls, three yoke of oxen and two carts, with such implements of husbandry as the Superintendent of Indian Affairs may think necessary; and shall employ such persons to aid and instruct them in agriculture as the President of the United States may deem expedient; and shall provide and support a blacksmith." This same Treaty of 1825 caused the OSAGES ceded to the United States their property, North of the Canadian River and remove to the the new Western Indian Territory, (Oklahoma) The CHEROKEE - Treaty of May 06, 1828. required the removal of the Cherokee's who owned some 7 million acres of CHEROKEE land in the Verdigris Grand and Arkansas Valley of the Arkansas Territory to move farther West to the Western Indian Territory (present day Oklahoma) boundary lines was defined as follows: The CHEROKEE line, from the 37th parallel to 36 degrees 30', was the west boarder of Missouri. From the Southwest corner of Missouri, the boundary to be a straight line to the intersection of the CHOCTAW boundary on the Arkansas River. The legislature of Georgia passed an Act Dec. 19, 1829 appropriating a large area of the Cherokee Nation incroporating it in the territory of the state, and adding it to the Counties of Carrol, DeKalb, Gwinnett, Hall, and Habersham. The act extended the laws of the state over this section of the Cherokee Nation and provided that from and after the first of the following June all persons living theirin should be subject to all the State of Georgia laws. INDIAN REMOVAL ACT, 1830 Once President ANDREW JACKSON signed the Indian Removal Act on 28 May 1830. Andrew Jackson, (1767-1845) Democrate from SC. became President in 1829. On 8th Dec. he sent Congress his first message, and in it he endorced the removal of Indians from eastern America, "voluntary, for it would be cruel and unjust to compel them to abanden the graves of their fathers and seek a home in a distant land." He mentioned paticulary, specifically the Cherokees. By the Treaty of "DANCING RABBIT CREEK in 1830", the CHOCTAWS ceded All their land east of the Mississippi to the United States. In exchanged they received the land in the Southeast corner of the WESTERN INDIAN TERRITORY (Oklahoma) lying between the western boarder of Arkansas and the 100th meridian, with the Red River as the Southern boundary and the Canadian- Arkansas rivers as their Northern limit. The CHOCTAWS, agreed to arrange for moving as many members of the East Mississippi tribe as possible "during the falls of 1831 and 1832," and the rest during the fall of 1833. After the three years, nearly 13,000 CHOCTAWS had relocated and about 7, 000 remained in Mississippi. In a series of removals the CHOCTAWS traveled West by various routes, in some instance using riverboats for a part of the journey. Although they endured great hardships on the road West, their travel was, perhaps less painful than the suffering of tribes that moved a longer distance. The CHEROKEE were fighting in the Courts. In the case of the Cherokee Nation vs. The State of Georgia (1831), President Andrew Jackson effectively supported a state rights position (and asserted his independence of the Supreme Court). Despite two United States Supreme Court decisions (1831 and 1832) upholding the rights of the Cherokee nation against the state of Georgia, which was attempting to destroy Cherokee sovereignty and take the CHEROKEE Indians' land, President Andrew Jackson refused to intervene on behalf of the Indians. This ruled that the Indians were no longer to be regarded as independent nations but rather as "dependent domestic nations," subject to regulation by the federal government. SENECAS: INDIAN REMOVAL ACT, 1830 In 1831 the Senecas of the Sandusky Vally, exchanged their Ohio land for some 67,000 acrees of land lying North of the new CHEROKEE NATION, (present day Oaklahoma) and received 60,000 adjoining the Seneca tract already in the INDIAN TERRITORY Chief JOHN ROSS of the CHEROKEE led a delegation to Washington (1832-33) to plead the Cherokee cause, but to no avail, the extinction was on. State officials in Florida, Alabama, Georgia, Tennessee, and Mississippi sided with the Federal Government. They offered no relief from white encroachment on Indian lands. The CREEK removal was marked by war within the tribe and terrible suffering during "migration". Creek Chief WILLIAM McINTOSH was executed in 1825 for ceding CREEK land without tribal consent. The Treaty of Washington in 1832 required for the cession of all CREEK land east of the Mississippi and settlement of the tribe to present day Oklahoma. Another Treaty of 1833 defined the boundaries of CREEK lands: The Northern line, which was the Southern boundary of the CHEROKEE, began at a distance of 25 miles from the Arkansas River and extended West to the 100th meridian. The Western line lay along the Mexican boundary, and the Southern limit was the Canadian River. The Eastern line was the results of compromise with the CHEROKEES, negotiated by the STOKES Commission in 1833. The CREEK migration was complicated by warfare, since most bands resisted the process of the removal. Like the CHEROKEES the CREEKS suffered because of bitter controversy within the tribe over these unfair practices. The CREEKS Indians, of Muskhogean linguistic stock, were accustomed from early times to adopting fragment groups into the tribe. The CREEK NATION, in present day Oklahoma, later contained Indians from the KOSATI, HITCHITI, NATCHEZ, APALACHICOLA, ALABAMA, TUSKEGEE, and YUCHI (Euchee) tribes. All of these tribes except the YUCHIS belong to the Muskhogean language group. JAMES GADSDEN reached an agreement with a party of SEMINOLES at Payne's Landing, Florida in 1832. The "Treaty" required that the SEMINOLES should send an advance party to the CREEK lands in West Oklahoma, and if the advance party should be satisfied with the country and "the favorable disposition of the CREEKS to reunite with the SEMINOLES as one people," the removal agreement should be binding. At Fort Gibson, (present day Oklahoma), reluctant consent of the SEMINOLE advance party was incorporated in a brief "treaty" which purported to be a completion of the Payne's Landing Agreement. In Florida, the SEMINOLE tribe leaders objected strongly to migration, and the attempt to remove them by force resulted in a costly War. (See SEMINOLE WAR 1835-1842) Most of the SEMINOLES were removed between 1836 and 1842 Perhaps the SEMINOLE removal was the most Cultural Shock of all. For 7 years this Civilized of the 5 tribes fought against the United States Government's orders to leave the coastal area of Florida for the wasteland of Oklahoma. Most SEMINOLE bands traveled by boat from the Florida coast to New Orleans and then by river steamers to Littler Rock, AK. or farther upstream. The final stage was accomplished by wagon. The SEMINOLE tribe was reduced by one-third as a result of the war and the hardships of the long journey. The Treaty of Ponitoc, 1832 the CHICKASAWS ceded All their land East of the Mississippi to the U.S. The CHICKASAW sent an advance party to explore CHOCTAW land in the WESTERN INDIAN TERRITORY. This later would be the Treaty of Doaksville, 1837 In 1832, the QUAPAWS moved from the Red River Valley to a tract of 96,000 acres of land North and East of the CHEROKEES in the INDIAN TERRORTY.
All land lying East of a line beginning on the Arkansas River 100 paces East of Fort Smith, and running thence due South to the Red River.
The United States also agreed to pay an annual sum of $6,000 to the CHOCKTAW NATION forever, and will remove all white citizens from the newly defined CHOCKTAW NATION TERRITORY, and will prevent future settlement of United States citizens on CHOCKTAW land.
The Treaty of New Echota, Georgia on Dec. 29, 1835, in which the United States and a small CHEROKEE tribal faction John Gunter, Andrew Ross, Boudinot, Major Ridge, son John Ridge and Stand Watie among others agreed for removal of ALL the remaining members of the East CHEROKEE tribe to relocate to the land West of Arkansas and Missouri, that had been assigned to the Western CHEROKEES. They sold some 2.83 million (7 million acres) of Eastern Cherokee land. In article 16th stipulated that the Eastern Cherokee "shall remove to the new homes within two years from the ratification of the treaty."
The New Echota treaty went to the Senate, where debate was heavy. Chief John Ross of the Western Cherokees was bitterly opposed to this treaty, supplied a petition bearing 16,000 signatures. There were not 16,000 Cherokees living in the East, and of those actually living there, half were children; nevertheless, the petition was entered. John Ross opposed ratification on the grounds that the treaty did not carry the signatures of the principal Cherokee officials and was not backed by the Cherokee people. Most senators were convinced that this was so; however, President Andrew Jackson was pressing hard, and on 17 May 1836, the treaty was ratified by a margin of one vote. President Jackson proclaimed it law on 23 May 1836. See: 1830 Debates
An additional tract of land in Kansas was conveyed to the CHEROKEE in consideration of the payment of $500,000 ($1.60 per acre) to the United States. This area, 25 miles wide and extending 50 miles along the Western boarder of Missouri (800,000 acres) was known as "Neutral Lands". The CHEROKEE Outlet, in Oklahoma Territory was provided as per Article 2 of the New Echota Treaty this was assurance to the CHEROKEE NATION of a "perpetual outlet west, and free and unmolested use of all the country west of said 7 million acres."
March 14, 1835[l836] Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,) viz: Augustus Clamont one section $6,000 James " " " 1,000 Paul " " " 1,300 Henry " " " 800 Anthony " " " 1,800 Rosalie " " " 1,800 Emilia D, of Mihanga 1,000 Emilia D, of Shemianga 1,300 $15,000 I hereby certify that the above schedule is the estimated value of the Osage reservations, as made out and agreed upon with Col. A. P. Choteau who represented himself as the agent or guardian of the above reserves. [signed] J. F. Schermerhorn [L.S.]
Treaty of New Echota, 1835-36.
Dec. 29,1835.1 7 Stat., 478.1 Proclamation, May 23, 1836.
Articles of a treaty, concluded at New Echota in the State of Georgia on the 29th day of Deer. 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.
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 with- out 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. And whereas a delegation of the Cherokee nation composed of Messes.
Samuel Gunter, and
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 them- selves 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
S. W. Bell,
Wm. A. Davis, and
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 commis- sioner 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 Geni 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 Deer 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.
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 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 comer 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."
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 comer of the same and runs north along the east line of the Osage lands fifty miles to the northeast comer 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.
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 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.
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.
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 or 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 stall 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.
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.
ARTICLE 7. The Cherokee nation having already made great progress in civ- ilization 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 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 a sufficient number of steamboats and baggage-wagons 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. 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.
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 improvements 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 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.
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.
Such heads of Cherokee families as are desirous to reside within the States of No. Carolina Tennessee and Alabama subject to the laws of the same; and who are qualified or calculated to become useful citizens shall be entitled, on the certificate of the commissioners to a preemption right to one hundred and sixty acres of land or one quarter section at the minimum Congress price; so as to include the present buildings or improvements of those who now reside there and such as do not live there at present shall be permitted to locate within two years any lands not already occupied by persons entitled to pre-emption privilege under this treaty and if two or more families live on the same quarter section and they desire to continue their residence in these States and are qualified as above specified they shall, on receiving their pre-emption certificate be entitled to the right of pre-emption to such lands as they may select not already taken by any person entitled to them under this treaty.
It is stipulated and agreed between the United States and the Cherokee people that:
Roman Nose Situwake, and
shall be a committee on the part of the Cherokees to recommend such persons for the privilege of pre-emption rights as may be deemed entitled to the same under the above articles and to select the missionaries who shall be removed with the nation; and that they be hereby fully empowered and authorized to transact all business on the part of the Indians which may arise in carrying into effect the provisions of this treaty and settling the same with the United States. If any of the persons above mentioned should decline acting or be removed by death; the vacancies shall be filled by the committee themselves. It is also understood and agreed that the sum of one hundred thousand dollars shall be expended by the commissioners in such manner as the committee deem best for the benefit of the poorer class of Cherokees as shall remove west or have removed west and are entitled to the benefits of this treaty. The same to be delivered at the Cherokee agency west as soon after the removal of the nation as possible.
ARTICLE 13. In order to make a final settlement of all the claims of the Cherokees for reservations granted under former treaties to any individuals belonging to the nation by the United States it is therefore hereby stipulated and agreed and expressly understood by the parties to this treaty-that all the Cherokees and their heirs and descendants to whom any reservations have been made under any former treaties with the United States, and who have not sold or conveyed the same by deed or otherwise and who in the opinion of the commissioners have complied with the terms on which the reservations were granted as far as practicable in the several cases; and which reservations have since been sold by the United States shall constitute a just claim against the United States and the original reserve or their heirs or descendants shall be entitled to receive the present value thereof from the United States as unimproved lands. And all such reservations as have not been sold by the United States and where the terms on which the reservations were made in the opinion of the commissioners have been complied with as far as practicable, they or their heirs or descendants shall be entitled to the same. They are hereby granted and confirmed to them-and also all persons who were entitled to reservations under the treaty of 1817 and who as far as practicable in the opinion of the commissioners, have complied with the stipulations of said treaty, although by the treaty of 1819 such reservations were included in the uncoded lands belonging to the Cherokee nation are hereby confirmed to them and they shall be entitled to receive a grant for the same. And all such reserves as were obliged by the laws of the States in which their reservations were situated, to abandon the same or purchase them from the States shall be deemed to have a just claim against the United States for the amount by them paid to the States with interest thereon for such reservations and if obliged to abandon the same, to the present value of such reservations as unimproved lands but in all cases where the reserves have sold their reservations or any part thereof and conveyed the same by deed or otherwise and have been paid for the same, they their heirs or descendants or their assigns shall not be considered as having any claims upon the United States under this article of the treaty nor be entitled to receive any compensation for the lands thus disposed of. It is expressly understood by the parties to this treaty that the amount to be allowed for reservations under this article shall not be deducted out of the consideration money allowed to the Cherokees for their claims for spoliations and the cession of their lands; but the same is to be paid for independently by the United States as it is only a just fulfillment of former treaty stipulations.
ARTICLE 14. It is also agreed on the part of the United States that such warriors of the Cherokee nation as were engaged on the side of the United States in the late war with Great Britain and the southern tribes of Indians, and who were wounded in such service shall be entitled to such pensions as shall be allowed them by the Congress of the United States to commence from the period of their disability.
ARTICLE 15. It is expressly understood and agreed between the parties to this treaty that after deducting the amount which shall be actually expended for the payment for improvements, ferries, claims, for spoliations, removal subsistence and debts and claims upon the Cherokee nation and for the additional quantity of lands and goods for the poorer class of Cherokees and the several sums to be invested for the general national funds; provided for in the several articles of this treaty the balance whatever the same may be shall be equally divided between all the people belonging to the Cherokee nation east according to the census just completed; and such Cherokees as have removed west since June 1833 who are entitled by the terms of their enrollment and removal to all the benefits resulting from the final treaty between the United States and the Cherokees east they shall also be paid for their improvements according to their approved value before their removal where fraud has not already been shown in their valuation.
ARTICLE 16. It is hereby stipulated and agreed by the Cherokees that they shall remove to their new homes within two years from the ratification of this treaty and that during such time the United States shall protect and defend them in their possessions and property and free use and occupation of the same and such persons as have been dispossessed of their improvements and houses; and for which no grant has actually issued previously to the enactment of the law of the State of Georgia, of December 1835 to regulate Indian occupancy shall be again put in possession and placed in the same situation and condition, in reference to the laws of the State of Georgia, as the Indians that have not been dispossessed; and if this is not done, and the people are left unprotected, then the United States shall pay the several Cherokees for their losses and damages sustained by them in consequence thereof. And it is also stipulated and agreed that the public buildings and improvements on which they are situated at New Echota for which no grant has been actually made previous to the passage of the above recited act if not occupied by the Cherokee people shall be reserved for the public and free use of the United States and the Cherokee Indians for the purpose of settling and closing all the Indian business arising under this treaty between the commissioners of claims and the Indians.
The United States, and the several States interested in the Cherokee lands, shall immediately proceed to survey the lands ceded by this treaty; but it is expressly agreed and understood between the parties that the agency buildings and that tract of land surveyed and laid off for the use of Colonel R. J. Meigs Indian agent or heretofore enjoyed and occupied by his successors in office shall continue subject to the use and occupancy of the United States, or such agent as may be engaged specially superintending the removal of the tribe.
ARTICLE 17. All the claims arising under or provided for in the several articles of this treaty, shall be examined and adjudicated by such commissioners as shall be appointed by the President of the United States by and with the advice and consent of the Senate of the United States for that purpose and their decision shall be final and on their certificate of the amount due the several claimants they shall be paid by the United States. All stipulations in former treaties which have not been superseded or annulled by this shall continue in full force and virtue.
ARTICLE 18. Whereas in consequence of the unsettled affairs of the Cherokee people and the early frosts, their crops are insufficient to support their families and great distress is likely to ensue and whereas the nation will not, until after their removal be able advantageously to expend the income of the permanent funds of the nation it is therefore agreed that the annuities of the nation which may accrue under this treaty for two years, the time fixed for their removal shall be expended in provision and clothing for the benefit of the poorer class of the nation and the United States hereby agree to advance the same for that purpose as soon after the ratification of this treaty as an appropriation for the same shall be made. It is however not intended in this article to interfere with that part of the annuities due the Cherokees west by the treaty of 1819.
ARTICLE 19. This treaty after the same shall be ratified by the President and Senate of the United States shall be obligatory on the contracting parties.
In testimony whereof, the commissioners and the chiefs, head men, and people whose names are hereunto annexed, being duly authorized by the people in general council assembled, have affixed their hands and seals for themselves, and in behalf of the Cherokee Nation.
I have examined the foregoing treaty. and although not present when it was made, I approve its provisions generally, and therefore sign it.
L/S Wm. Carroll,
J. F. Schermerhorn, Signed and sealed in presence of:, Major Ridge, his x mark, [L.S.] Western B. Thomas, secretary. James Foster, his x mark, [L.S.] Ben. F. Currey, special agent. Tesa-ta-esky, his x mark, [L.S.] M. WoIfe Batman, 1st Lt., 6th UA Army Inf. disbursing agent. Charles Moore, his x mark, [L.S.] Jon. L. Hooper, Lt., 4th., USA. Inf. George Chambers, his x mark, [L.S.] C. M Hitchcock, M. D., assistant surgeon, U.S.A. Tah-yeske, his x mark, [L.S.] G. W. Currey, Archilla Smith, his x mark, [L.S.] Wm. H. Underwood, Andrew Ross, [L.S.] Cornelius D. Terhune, William Lassley, [L.S.] John W. H. Underwood Cae-te-hee, his x mark , [L.S.] In compliance with instructions of the council at New Echota, we sign this Treaty. Te-gah-e-ske, his x mark, [L.S.] Stand Watie, Robert Rogers, [s/o John & Sarah, L.S.] John Ridge John Gunter, [L.S.] March 1, 1836. John A. Bell, [L.S.] Witnesses: Charles F. Foreman, [L.S.] Elbert Herring, William Rogers, [s/o John & Sarah] [L.S.] Alexander H. Everett, George W. Adair, [L.S.] John Robb, Elias Boudinot, [L.S.] D. Kurtz, James Starr, his x mark, [L.S.] Wm.Y. Hansell, Jesse Half-breed, his x mark, [L.S.] Samuel J. Potts, Jno. Litle, S. Rockwell. Dec. 31,1835.1 7 Stat., 487.
Whereas the western Cherokees have appointed a delegation to visit the eastern Cherokees to assure them of the friendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the signing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees. But it is expressly understood that nothing in this treaty shall affect any claims of the western Cherokees on the United States.
In testimony whereof, we have, this 31st day of December, 1835, hereunto set our hands and seals.
James Rogers, (Seal)
John Smith, his x mark, (Seal)
Delegates from the western Cherokees. Test:
Ben. F. Currey, special agent.
M. W. Batman, first lieutenant, USA Sixth Infantry,
Jno. L. Hooper, lieutenant, USA Fourth Infantry,
Article 20. The United States do also hereby guarantee the payments of all unpaid just claims upon the Indians, without expense to them, out of the proper funds of the United States, for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians in Georgia. Provided the United States or the State of Georgia has derived benefit from the said cession or cessions of land without having made payment to the Indians therefore .-It is hereby howev- er further agreed and understood, that if the Senate of the United States disap- proves of this article it may be rejected with-out impairing any other provision of the treaty, or affecting the Indians in any manner whatever.
[Signed] A. McCoy, Clerk
[Signed] W.B. Thomas, Secry
In compliance with the unanimous request of the Committee of the Cherokee Nation in General council assembled, it is consented and agreed by the Commissioner on the part of the United States that the foregoing shall be added as a supplemental article to the Treaty under the express condition and stipulation that if the President or Senate of the United States disapprove of this article it may be rejected without impairing any other provision of this treaty or affecting the Indians in any manner whatever.
[Signed] J.F. Schermerhorn
Proclamation, May 23,1836; [March 1, 1836 .1 7 Stat., 488.1]
Supplementary articles to a treaty concluded at New Echota, Georgia, December 29, 1835, between the United States and Cherokee people.
Andrew Jackson, President of the United States. To all and singular to whom these presents shall come, - Greeting:
WHEREAS the undersigned were authorized at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river.
ARTICLE 1. It is therefore agreed that all the pre-emption rights and reserva- tions provided for in articles 12 and 13 shall be and are hereby relinquished and declared void.
ARTICLE 2. Whereas the Cherokee people have supposed that the sum of five millions of dollars fixed by the Senate in their resolution of--day of March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five millions of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just.
ARTICLE 3. It is therefore agreed that the sum of six hundred thousand dollars shall be and the same is hereby allowed to the Cherokee people to include the expense of their removal, and all claims of every nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-emptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-mentioned treaty. This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund. But it is expressly understood that the subject of this article is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty.
ARTICLE 4. It is also understood that the provisions in <--- Article 16, for the agency reservation is not intended to interfere with the occupant right of any Cherokees should their improvement fall within the same. It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.
ARTICLE 5. The necessary expenses attending the negotiations of the aforesaid treaty and \ supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States.
In testimony whereof, John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirty-six.
Andrew Ross, [L.S.] J. F. Schermerhorn [L.S.] William Rogers, [L.S.] Major Ridge, his x mark, John Gunter, [L.S.] James Foster, his x mark, John A. Bell, [L.S.] Tah-ye-ske, his x mark, Jos. A. Foreman, [L.S.] Long Shell Turtle, his x mark, Robert Sanders, [L.S.] John Fields, his x mark, Elias Boudinot, [L.S.] James Fields, his x mark, Johnson Rogers,[s/o John & Sarah] [L.S.] George Welch, his x mark, James Starr, his x mark, James Rogers, [L.S.] Stand Wade, [L.S.] John Smith, his x mark. John Ridge, [L.S.] Witnesses: Signed and sealed in presence of Western B. Thomas, Secy Elbert Herring, Ben F. Currey, Special Agent Thos. Glascock, M. Wolf Balenan, Alexander H. Everett, Jno L. Hopper Jno. Garland, Major, U.S. Army, C.M. Hitchcock, M.D. C.A. Harris, G.W. Currey, John Robb, Wm. H. Underwood, Wm. Y. Hansell, Cornelius D. Terhune, Sami. J. Potts, John W.H. Underwood, Jno. Litle, S. Rockwell, In compliance with Instructions of the Council at New Echota we sign this Treaty - March 1st, 1836
[Signed] Stand Watie [L.S.]
[Signed] John Ridge [L.S.]
May 23 1838, was the deadline for the Eastern Cherokee "voluntary removal", the corn of the Eastern Cherokee was knee high and doing nicely. The thousands of Indians and their slaves were pleased with it. CHEROKEE removal parties usually crossed western Kentucky to the Golconda River on the Ohio River, and moved across the southern Illinois to the Cape Girardau Ferry on the Mississippi. The Trail of Tears which Chief John Ross led them on the terrible this march. He later served as chief of the Western United Cherokee Nation (Oklahoma) until his death in 1866. The Trail of Tears which started at Chattanooga, TN. for the forced exodus of the last Eastern CHEROKEE Indians in fall of 1838. This was the Overland passage across North across Tennessee, West across Kentucky, West at the tip of Illinois, Southwest in Missouri to Arkansas, West across Arkansas to Fort Gibson in Oklahoma. Many of the people, especially infants and the elderly, died and were buried along one or another of the trails. About 4,000 of the men, women and children of the 15,000 CHEROKEE who made the journey died of disease and exposure. One of the 14 wagon trains went across central Arkansas from Chickasaw Bluff (Memphis), which was one of the most direct routes. In January, 1837, CHOCTAW and CHICKASAW commissioners met at Doaksville on the lower Kiamichi River and agreed upon terms of the CHICKASAW removal. The Treaty of Doaksville in 1837 required the CHICKASAWS move into a district west of the CHOCTAW settlement in Oklahoma. The two Indian governments were to be combined, and members of both tribes were to have the right to settle in any part of the CHOCTAW Nation. Separate tribe annuities were to be continued, but all other privileges were equal. By the end of 1840 most CHICKASAW had moved into their Oklahoma district. The KIOWAS and some other western tribes resented the presence of CHICKASAWS on land which the "Plains Indians" regarded as their own. Raids by KIOWAS and COMANCHES were frequent, and the CHICKASAWS were forced to maintain a constant guard over their livestock and other property. Also they could not obtain an equal voice in united tribal affairs. Most CHICKASAWS traveled across Arkansas by wagon, at least part of the way. Riverboats on the Mississippi, St. Francis, and the Arkansas Rivers provided a part of the removal facilities. While the CHICKASAW removal was orderly, disease caused suffering and death. As well as a loss of personal property and livestock. Based on census the so-called new CHICKASAW NATION numbered about 4,000. Detached groups of Indians other than the Five Civilized Tribes, setled permanently on the lands of the Indians in Eastern INDIAN TERRITORY (Oklahoma) from time to time. For example, the CHOCTAWS admitted 19 CATAWBAS from North Carolina in 1851 and granted full rights of citizenship to 14 of them in 1853. Other CATAWBAS tribe members settled with the CREEK NATION. CATAWBAS belong to the Siouan linguistc stock, detached from kindred tribes on the Plains before written history appeared in that part of North America. Major changes in the condition of the CHICKASAW and SEMINOLE NationS resulted from the Treaty of 1855 & 1886 with the U.S. Secretary of the Interior ROBERT McCLELLAND and Commissioner of Indian Affairs GEORGE W. MANYPENNY reconized the principle of self-goverment in dealing with the two smaller tribes. By the terms of the CHICKASAW-CHOCTAW Treaty of June, 1855, CHOCTAW land West of the 98th Merdian was leased to the U.S. to provide a home for the WICHITAS and "such other tribes of Indians as the U.S. Government may desire to locate therein" For the lease consideration the U.S. agrees to pay $600,00 to the CHOCTAW NATION and $200,000 to the CHICKASAW NATION. For consideration of the establishment of a separate CHICKASAW NATION, the CHICKASAW agree to pay the CHOCTAW NATION $150,000 for: All land lying, with a Western boundary of the 98th Meridian, and from the Canadian River on the North to the Red River to the South; With the Eastern boundary following Island Bayou River from its mouth to the source of its Eastern Branch, thence due north to the Canadian River and point of beginning. The SEMINOLE-CREEK Treaty of 1856, agree to maintain separate tribal organizations, and the new SEMINOLE NATION shall be: All land lying with a line beginning due North from the mouth of the Pond Creek (Ock-hi-appo) on the Canadian River to the North Fork of the Canadian River; Thence up that stream to the Southern line of the Cherokee Outlet and West along that line to the 100th Meridian; Thence down the Canadian River to the point of Beginning.. One of the great importance to the SEMINOLE NATION was the provision for separate government, which relieved them from the domination of the CREEK majority. The U.S. agreed to pay and construct an SEMINOLE Agency building and to pay $90,000 to cover the losses involved in the SEMINOLE tribe moving to the new location. The contract was let to HENRY HOPE of Arkansas and was constructed "one mile West of the East boundary of the new SEMINOLE country, and about two miles North of the road recently laid out by Lieutenant BEALE." In 1857, 200 WYANDOTTE Indians moved in with the SENECAS. They were driven North by guerrilla bands during the Civil War, both SENECAS and WYANDOTTES obtain a reservation in 1865. 2 years later the WYANDOTTES obtained a reservation of their own, some 21,246 acres along the Northern boundary of the SENECA tract. In 1859, a band of DELAWARE Indians from Brazos, Texas came to the Wichita Agency. Their descendants live in communities near Anadarko and Carnegie, Oklahoma. RECONSTRUCTION AFTER CIVIL WAR -1865 After the War between the States ended, Pickens County was in economic distress. Although faring better than the Creeks and Cherokees the Chickasaws and Chocktaws were in great need of food and clothing. In addition, the U.S. Federal Government was anxious and adamant in its efforts to use the Civil War as an excuse to take more land away from the Indians to form reservations for other tribes which had not been relocated to the to the Oklahoma area. Consequently, the U.S. Government initiated the desire to organize a Territorial Government of the land of the Five Civilized Tribes. One of the most significant penalties was that all previous TREATIES WERE NUL and VOID ! ! As a result the Treaty of April 28 1866 was to have a far reaching effect on the American Indian on the Oklahoma Reservation: 1. All previous Treaties are nul and void. 2. Railroads were to be granted "Right-of-Way" both north- south and east-west for construction of railways and depots with no reimbursement to the Indian tribes. 3. All Black Freedmen are to be adopted into their master's tribe. If not adopted by the tribe the U.S. Government will remove them (Blacks) from the Reservation. 4. A consolidation of all Indian Territory government. Delegates from each tribe or Nation will serve on this governing body. 5. Each Nation shall cede land to the U.S. Government for use in granting other tribes reservations. Naturally, in time this Treaty of 1866 resulted in mass intrusion by other Indians Tribes. A more fatal side effect was that the white man, with his greedy way coveted the land of the Indian Nations. Where the Indian used the land, the white man abused and destroyed nature's blessing. TREATY of 1866 CHOCTAW - CHICKASAW ceded the 1855 "Leased District" to the U.S. for $300,000. CREEK ceded the western half of the Creek land, 3,250 acres for $975,168 (30 cents per acre). That said land may be sold to such other civilized Indians as the U.S. may choose to settle thereon. SEMINOLE, ceded all their land 2,169,080 acres, for $325,362 (15 cents per acre). That said land may be sold to such other civilized Indians as the U.S. may choose to settle thereon. SEMINOLES, further agreed to purchase 200,00 acres of land, a part of the tract recently acquired by the U.S. from the CREEKS (later the SEMINOLES in 1881, purchased an additional 175,000 acres, enlarging their new home to 375,000 acres) CHEROKEE, provide that any friendly Indian Tribes, may be settled on the Cherokee Outlet at a price agreed upon by the Cherokees and the purchaser. The Cherokee Strip and the Neutral Lands, both in Kansas shall be sold to the highest bidder, for the benefit of the Cherokee, at an average price no lower than $1.25 an acre. Each of the Five Civilized Tribes agreed to admit two (2) railroads, one rail line running east to west, the other north to south across tribal lands. After the Civil War, space was found in the CHEROKEE NATION, Northeast section for additiona bands: OTTAWAS, WEAS, PEORIAS, KASKASKIAS, PIANKASHAWS, MIAMIS. Fragments of other tribes affiliated with these bands were brought in with them in some instances. In 1867, a band of DELAWARE Indians were moved by contract from their reservation in Kansas to the CHEROKEE NATION, Oklahoma. In 1871 the use of Treaties was terminated by U.S. Government, and Indians were thereafter governed by Congressional Legislation, Executive Orders, or Executive Agreements. The U.S. Congress frequently enacted laws conflicting with the provisions of Indian treaties, and the whites frequently violated their terms, thus provoking many of the INDIAN WARS of the 19th century. In 1873, the little Oregon band of the MODOCS, were brought in from Fort McPherson, Nebraska. They were settled on a 4,040 acres, purchased from the SHAWNEE. Tribal settlements in the Cherokee Outlet, in 1889 were as follows: East of the Arkansas River: Osage and Kaw West of the Arkansas River: Oto, Missouri, Ponca & Tonkawa Tribal settlements in the Creek & Seminole, land in 1889 were as follows; Sac, Fox, Pottawatomie, Shawnee, Iowa, & Kickapoo tribes The Comanche, Kiowa, and Apache tribes occupied a reservation of more than 3,000,000 acres in extent in the Southeastern part of the old Cherokee "Leased District" The Cheyenne and Arapaho Reservation was West of the 98th Meridian and South of the Cherokee Outlet. The Unassigned Lands contained 1,887,796 acres, which became the first area opened to white settlement in 1889. On Aug. 13, 1946, U.S. Congress created the Indian Claims Commission (ICC) to adjudicate Indian land claims. The I.C.C. existed until 1978, after which claims were handled first by the Court of Claims and, after 1982 by the United States Claims Court. By 1989, claims totaling nearly $1.4 billion had been awarded. File: NA_VOL04.TXT Revised: Jan. 15, 1995 By: Paul R. Sarrett, Jr. [email protected] End of File!
Ratification of Treaty - In the Senate of the United States
May 18th, 1836
Resolved, (two thirds of the Senate present concurring) That the senate do advise and consent to the ratification of the treaty between the United States of America and the Cherokee Indians concluded at New Echota the 29th day of December, 1835, together with the Supplementary articles thereto dated the first day of March one thousand Eight hundred and thirty six, with the following amendments thereto:
ARTICLE 17. lines 2 and 3, Strike Out the words, "by General William Carroll and John F. Schermerhorn, or "
In the 4th line of the same article after the word "State," insert by an with the advice and consent of the Senate of the United States.
Strike out the 20th Article which appears as a Supplemental article.
Attest. Walter Lowell, Secretary
Now therefore be it known that I Andrew Jackson President of the United States of America having seen and considered the said Treaty, and also the Supplementary Articles thereunto annexed, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the eighteenth day of May, one thousand eight hundred and thirty-six, accept, ratify, and confirm the same, with the following amendments thereto, as expressed in the aforesaid Resolution of the Senate.
In testimony whereof I have caused the Seal of the United States to be here- unto affixed, having signed the same with my hand.
Done at the City of Washington, this twenty third day of May, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the United States the Sixtieth.
[Signed] Andrew Jackson
By the President
[Signed] John Forsyth
Secretary of State
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