Page images
PDF
EPUB

perpetual.

ARTICLE I.

Peace and There shall be perpetual peace and friendfriendship fhip between all the citizens of the United States of America, and all the individuals compofing the whole Cherokee nation of Indians.

Indians ac

of U. S.

ARTICLE II.

The underfigned Chiefs and Warriors, for knowledge themfelves and all parts of the Cherokee naprotection tion, do acknowledge themselves and the faid Cherokee nation, to be under the protection of the United States of America, and of no other fovereign whofoever; and they also ftipulate that the faid Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any ftate.

ARTICLE III.

The Cherokee nation fhall deliver to the Prifoners Governor of the territory of the United States to be re- of America, fouth of the river Ohio, on or

ftored.

Bounda

ries.

before the first day of April next, at this place, all perfons who are now prifoners, captured by them from any part of the United States : And the United States fhall on or before the fame day, and at the fame place, restore to the Cherokees, all the prisoners now in captivity, which the citizens of the United States have captured from them.

ARTICLE IV.

The boundary between the citizens of the United States and the Cherokee nation, is and fhall be as follows: Beginning at the top of the Currahee mountain, where the Creek line paffes it; thence a direct line to Tugelo river; thence north east to the Occunna mountain, and over the fame along the SouthCarolina Indian boundary to the North-Carolina boundary; thence north to a point from

;

which a line is to be extended to the river Boundaries. Clinch, that fhall pass the Holfton at the ridge which divides the waters running into Little River from those running into the Tennessee thence up the river Clinch to Campbell's line, and along the fame to the top of Cumberland mountain; thence a direct line to the Cumberland river where the Kentucky road croffes it; thence down the Cumberland river to a point from which a south west line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a south west line will ftrike the mouth of Duck river.

And in order to preclude forever all difputes relative to the faid boundary, the fame fhall be ascertained, and marked plainly by three perfons appointed on the part of the United States, and three Cherokees on the part of their nation.

And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lying to the right of the line above defcribed, beginning as aforefaid at the Currahee mountain, it is hereby agreed, that in addition to the confideration heretofore made for the faid land, the United States will cause certain valuable goods, to be immediately delivered to the underfigned Chiefs and Warriors, for the ufe of their nation; and the faid United States will alfo cause the fum of one thousand dollars to be paid annually to the faid Cherokee nation. And the underfigned Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation, their heirs and defcendants, for the confiderations above-mentioned, releafe, quit-claim, re

Stipulation for a road.

U. States

linquish and cede, all the land to the right of the line defcribed, and beginning as aforefaid. ARTICLE V.

It is ftipulated and agreed, that the citizens and inhabitants of the United States, fhall have a free and unmolefted ufe of a road from Washington diftrict to Miro district, and of the navigation of the Tenneffee river.

ARTICLE VI.

It is agreed on the part of the Cherokees, to regulate that the United States fhall have the fole and exclufive right of regulating their trade.

trade.

Guarantee.

No citizen to fettle

ARTICLE VII.

The United States folemnly guarantee to the Cherokee nation, all their lands not hereby ceded.

ARTICLE VIII.

If any citizen of the United States, or other perfon not being an Indian, fhall fettle on any on Indian of the Cherokee's lands, fuch person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please.

lands.

Nor hunt

ARTICLE IX.

No citizen or inhabitant of the United States, on the fame. fhall attempt to hunt or deftroy the game on the lands of the Cherokees ; nor fhall any citizen or inhabitant go into the Cherokee country, without a paffport first obtained from the Governor of some one of the United States, or territorial districts, or fuch other person as the Prefident of the United States may from time to time authorize to grant the fame. ARTICLE X.

Indians to deliver up

If any Cherokee Indian or Indians, or percriminals. fon refiding among them, or who fhall take refuge in their nation, shall steal a horse from,

or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation fhall be bound to deliver him or them up, to be punished according to the laws of the United States.

ARTICLE XI.

ritory to be

If citizen or inhabitant of the United Citizens of any States, or of either of the territorial districts of U. S. comthe United States, fhall go into any town, fet- crimes in mitting tlement or territory belonging to the Chero- Indian terkees, and fhall there commit any crime upon, punished. or trespass against the perfon or property of any peaceable and friendly Indian or Indians, which if committed within the jurifdiction of any ftate, or within the jurifdiction of either of the faid districts, against a citizen or white inhabitant thereof, would be punishable by the laws of fuch state or district, fuch offender or offenders, fhall be fubject to the fame punishment, and shall be proceeded against in the fame manner as if the offence had been committed within the jurifdiction of the state or diftrict to which he or they may belong, against a citizen or white inhabitant thereof.

ARTICLE XII.

In case of violence on the perfons or pro- Retaliation perty of the individuals of either party, neither restrained. retaliation or reprifal fhall be committed by the other, until fatisfaction fhall have been demanded of the party of which the aggreffor is, and fhall have been refused.

ARTICLE XIII.

Cherokees to give no

The Cherokees fhall give notice to the citizens of the United States, of any defigns tice of dewhich they may know, or fufpect to be form- figns against ed in any neighbouring tribe, or by any perfon

U. States.

U. States to

fents.

whatever, against the peace and interest of the United States.

ARTICLE XIV.

That the Cherokee nation may be led to a make pre- greater degree of civilization, and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will from time to time furnish gratuitoufly the faid nation with useful implements of husbandry, and further to affist the said nation in fo defirable a purfuit, and at the fame time to establish a certain mode of communication, the United States will fend fuch, and fo many perfons to refide in faid nation as they may judge proper, not exceeding four in number, who fhall qualify themselves to act as interpreters. Thefe perfons fhall have lands affigned by the Cherokees for cultivation for themselves and their fucceffors in office; but they shall be precluded exercifing any kind of traffic.

Animofi

ARTICLE XV.

All animofities for paft grievances fhall ties to ceafe. henceforth ceafe, and the contracting parties will carry the foregoing treaty into full execution with all good faith and fincerity.

Ratification.

ARTICLE XVI.

This treaty fhall take effect and be obligatory on the contracting parties, as soon as the fame fhall have been ratified by the President of the United States, with the advice and confent of the Senate of the United States.

IN WITNESS of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto fet their hands and feals, at the Treaty Ground on the bank of the Holfton, near the mouth of the French Broad, within

« PreviousContinue »