Treaty with the Cherokee, 1835
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Treaty of Removal or Treaty of New Echota
Dec. 29, 1835. | 7 Stat., 478. | Proclamation, May 23, 1836
Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
Links to Paragraphs
Articles of a treaty, concluded at New Echota in the State of Georgia on the 29th
day of Decr. 1835 by General William Carroll and John F. Schermerhorn commissioners
on the part of the United States and the Chiefs Head Men and People of the Cherokee
tribe of Indians.
Cherokees relinquish to United States all their lands east of the Mississippi.
Treaty of May, 1828, and Feb., 1833, referred to.
Additional land conveyed to the nation, etc.
1830, ch. 148.
Right to establish forts, etc.
Osage titles to reservations to be extinguished.
Missionary reservations to be paid for.
Lands permanently ceded to the nation.
Peace to be preserved.
Congress may allow a delegate from the Cherokee nation.
Expense of removal to be paid by United States.
Agents to value improvements made by the Cherokee.
The President to make investments in productive stock.
Commutation of school fund.
Provision respecting Cherokees averse to removal.
Settlement of claims for former reservations.
Pensions to certain warriors.
Funds to be divided among the Indians.
Indians to remove in two years.
Commissioners to settle claims.
United States to make advances for provisions, clothing, etc.
Treaty binding when ratified.
Preemption rights declared void.
Allowance in lieu of preemptions, etc.
Provisions for agency reservations not to interfere, etc.
Expense of negotiations to be defrayed by the United States.
WHEREAS the Cherokees are anxious to make some arrangements with the Government of
the United States whereby the difficulties they have experienced by a residence within
the settled parts of the United States under the jurisdiction and laws of the State
Governments may be terminated and adjusted; and with a view to reuniting their people
in one body and securing a permanent home for themselves and their posterity in the
country selected by their forefathers without the territorial limits of the State
sovereignties, and where they can establish and enjoy a government of their choice
and perpetuate such a state of society as may be most consonant with their views,
habits and condition; and as may tend to their individual comfort and their advancement
And whereas a delegation of the Cherokee nation composed of Messrs. John Ross Richard
Taylor Danl. McCoy Samuel Gunter and William Rogers with full power and authority to
conclude a treaty with the United States did on the 28th day of February 1835 stipulate
and agree with the Government of the United States to submit to the Senate to fix the
amount which should be allowed the Cherokees for their claims and for a cession of their
lands east of the Mississippi river, and did agree to abide by the award of the Senate
of the United States themselves and to recommend the same to their people for their final
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
And whereas this delegation after said award of the Senate had been made, were called upon
to submit propositions as to its disposition to be arranged in a treaty which they refused
to do, but insisted that the same should be referred to their nation and there in general
council to deliberate and determine on the subject in order to ensure harmony and good
feeling among themselves.
And whereas a certain other delegation composed of John Ridge Elias Boudinot Archilla Smith
S. W. Bell John West Wm. A. Davis and Ezekiel West, who represented that portion of the
nation in favor of emigration to the Cherokee country west of the Mississippi entered into propositions
for a treaty with John F. Schermerhorn commissioner on the part of the United States which
were to be submitted to their nation for their final action and determination:
And whereas the Cherokee people at their last October council at Red Clay, fully authorized and
empowered a delegation or committee of twenty persons of their nation to enter into and
conclude a treaty with the United States commissioner then present, at that place or elsewhere and as
the people had good reason to believe that a treaty would
then and there be made or at a subsequent council at New Echota which the commissioners it was
well known and understood, were authorized and instructed to convene for said purpose; and
since the said delegation have gone on to Washington city, with a view to close negotiations
there, as stated by them notwithstanding they were officially informed by the United States
commissioner that they would not be received by the President of the United States; and that
the Government would transact no business of this nature with them, and that if a treaty was
made it must be done here in the nation, where the delegation at Washington last winter urged
that it should be done for the purpose of promoting peace and harmony among the people; and
since these facts have also been corroborated to us by a communication recently received by the
commissioner from the Government of the United States and read and explained to the people
in open council and therefore believing said delegation can effect nothing and since our
difficulties are daily increasing and our situation is rendered more and more precarious uncertain
and insecure in consequence of the legislation of the States; and seeing no effectual way of
relief, but in accepting the liberal overtures of the United States.
And whereas Genl William Carroll and John F. Schermerhorn were appointed commissioners on the part
of the United States, with full power and authority to conclude a treaty with the Cherokees east
and were directed by the President to convene the people of the nation in general council
at New Echota and to submit said propositions to them with power and authority to vary the same
so as to meet the views of the Cherokees in reference to its details.
And whereas the said commissioners did appoint and notify a general council of the nation to convene
at New Echota on the 21st day of December 1835; and informed them that the commissioners would be
prepared to make a treaty with the Cherokee people who should assemble there and those who did not
come they should conclude gave their assent and sanction to whatever should be transacted at this
council and the people having met in council according to said notice.
Therefore the following articles of a treaty are agreed upon and concluded between William Carroll
and John F. Schermerhorn commissioners on the part of the United States and the chiefs and head men
and people of the Cherokee nation in general council assembled this 29th day of Decr 1835.
ARTICLE 1. The Cherokee nation hereby cede relinquish and convey to the United States all the
lands owned claimed or possessed by them east of the Mississippi river, and hereby release all
their claims upon the United States for spoliations of every kind for and in consideration of
the sum of five millions of dollars to be expended paid and invested in the manner stipulated
and agreed upon in the following articles But as a question has arisen between the commissioners
and the Cherokees whether the Senate in their resolution by which they advised " that a sum
not exceeding five millions of dollars be paid to the Cherokee Indians for all their lands and
possessions east of the Mississippi river " have included and made any allowance or consideration
for claims for spoliations it is therefore agreed on the part of the United States that this
question shall be again submitted to the Senate for their consideration and decision and if no
allowance was made for spoliations that then an additional sum of three hundred thousand dollars
be allowed for the same.
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 corner of Missouri; thence along the
western Missouri line to the land assigned the Senecas; thence on the south line of the Senecas to
Grand river; thence up said Grand river as far as the south line of the Osage reservation, extended
if necessary; thence up and between said south Osage line extended west if necessary, and a line
drawn due west from the point of beginning to a certain distance west, at which a line running north
and south from said Osage line to said due west line will make seven millions of acres within the
whole described boundaries. In addition to the seven millions of acres of land thus provided for
and bounded, the United States further guaranty to the Cherokee nation a perpetual outlet west,
and a free and unmolested use of all the country west of the western boundary of said seven millions
of acres, as far west as the sovereignty of the United States and their right of soil extend:
Provided however That if the saline or salt plain on the western prairie shall fall within
said limits prescribed for said outlet, the right is reserved to the United States to permit other
tribes of red men to get salt on said plain in common with the Cherokees; And letters patent shall be
issued by the United States as soon as practicable for the land hereby guarantied.
And whereas it is apprehended by the Cherokees that in the above cession there is not contained a
sufficient quantity of land for the accommodation of the whole nation on their removal west of the
Mississippi the United States in consideration of the sum of five hundred thousand dollars therefore
hereby covenant and agree to convey to the said Indians, and their descendants by patent, in fee simple the
following additional tract of land situated between the west line of the State of Missouri and the Osage
reservation beginning at the southeast corner of the same and runs north along the east
line of the Osage lands fifty miles to the northeast corner thereof; and thence east to the west
line of the State of Missouri; thence with said line south fifty miles; thence west to the place
of beginning; estimated to contain eight hundred thousand acres of land; but it is expressly
understood that if any of the lands assigned the Quapaws shall fall within the aforesaid bounds the same shall
be reserved and excepted out of the lands above granted and a pro rata reduction shall be made in the price
to be allowed to the United States for the same by the Cherokees.
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
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 civilization and deeming it
important that every proper and laudable inducement should be offered to their people to improve
their condition as well as to guard and secure in the most effectual manner the rights
guarantied to them in this treaty, and with a view to illustrate the liberal and enlarged
policy of the Government of the United States towards
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
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 years 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
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 John Ross James Starr George
Hicks John Gunter George
Chambers John Ridge Elias Boudinot George Sanders John Martin William Rogers Roman Nose Situwake and John Timpson
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
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
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
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 reservee 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
complied with the stipulations of said treaty, although by the treaty of 1819 such reservations were included in the
unceded 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 reservees 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 reservees 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 spoilations
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
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
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
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
ARTICLE 20. [Supplemental article. Stricken out by Senate.]
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
I have examined the foregoing treaty, and although not present when it was made, I approve its provisions generally,
and therefore sign it.
J. F. Schermerhorn.
Major Ridge, his x mark, [L. S.]
James Foster, his x mark, [L. S.]
Tesa-ta-esky, his x mark, [L. S.]
Charles Moore, his x mark, [L. S.]
George Chambers, his x mark, [L. S.]
Tah-yeske, his x mark, [L. S.]
Archilla Smith, his x mark, [L. S.]
Andrew Ross, [L. S.]
William Lassley, [L. S.]
Cae-te-hee, his x mark , [L. S.]
Te-gah-e-ske, his x mark, [L. S.]
Robert Rogers, [L. S.]
John Gunter, [L. S.]
John A. Bell, [L. S.]
Charles F. Foreman, [L. S.]
William Rogers, [L. S.]
George W. Adair, [L. S.]
Elias Boudinot, [L. S.]
James Starr, his x mark, [L. S.]
Jesse Half-breed, his x mark, [L. S.]
Signed and sealed in presence of--
Western B. Thomas, secretary.
Ben. F. Currey, special agent.
M.Wolfe Batman, first lieutenant, sixth U. S. infantry, disbursing agent.
Jon. L. Hooper, lieutenant, fourth Infantry.
C. M Hitchcock, M. D., assistant surgeon, U.S.A.
G. W. Currey,
Wm. H. Underwood,
Cornelius D. Terhune,
John W. H. Underwood.
In compliance with instructions of the council at New Echota, we sign this treaty.
March 1, 1836.
Alexander H. Everett,
Samuel J. Potts,
Dec. 31, 1835. | 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.
Delegates from the western Cherokees.
Ben. F. Currey, special agent.
M. W. Batman, first lieutenant, Sixth Infantry,
Jno. L. Hooper, lieutenant, Fourth Infantry,
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
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
J. F. Schermerhorn.
March 14, 1835.
Supplementary articles to a treaty concluded at New Echota, Georgia, December 29, 1835, between the United
States and Cherokee people.
March 1, 1836. | 7 Stat., 488. | Proclamation, May 23, 1836.
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 reservations 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
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
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.
J. F. Schermerhorn.
Major Ridge, his x mark, [L. S.]
James Foster, his x mark, [L. S.]
Tah-ye-ske, his x mark, [L. S.]
Long Shell Turtle, his x mark, [L. S.]
John Fields, his x mark, [L. S.]
James Fields, his x mark, [L. S.]
George Welch, his x mark, [L. S.]
Andrew Ross, [L. S.]
William Rogers, [L. S.]
John Gunter, [L. S.]
John A. Bell, [L. S.]
Jos. A. Foreman, Robert Sanders, [L. S.]
Elias Boudinot, [L. S.]
Johnson Rogers, [L. S.]
James Starr, his x mark, [L. S.]
Stand Watie, [L. S.]
John Ridge, [L. S.]
James Rogers, [L. S.]
John Smith, his x mark.[L. S.]
Alexander H. Everett,
Jno. Garland, Major, U. S. Army,
C. A. Harris,
Wm. Y. Hansell,
Saml. J. Potts,
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