1. 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 proportion 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.
2. 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 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 northermost fork to its source; and thence
due west to the Indian boundary line.
3. A census to be taken of the whole Cherokee Nation during June, 1818.
The enumeration of those east of the Mississippi River to be made by
a commissioner appointed by the President of the United States and
a commissioner appointed by the Cherokees residing on the Arkansas.
That of those on the Arkansas by a United States commissioner and one
appointed by the Cherokees east of the Mississippi.
4. The annuities for 1818 and thereafter to be divided upon the basis
of said census between Cherokees east of the Mississippi and those on
the Arkansas. The lands east of the Mississippi also to be divided, and
the proportion of those moved and agreeing to remove to the Arkansas to
be surrendered to the United States.
5. The United States agree to give to the removing Cherokees a tract
of land on the Arkansas and White Rivers equal in area to the quantity
ceded the United States by first and second articles hereof. Said
tract to begin on north side of the Arkansas River, at mouth of Point
Remove, or Budwell's Old Place; thence northwardly by a straight line
to strike Chataunga Mountain, the first hill above Shield's Ferry, on
White River, and running up and between said rivers for quantity. Said
boundary from point of beginning to be surveyed, and all citizens of
the United States except Mrs. P. Lovely to be removed therefrom. All
previous treaties to remain in full force and to be binding on both
parts of the Cherokee Nation. The United States reserves the right to
establish factories, a military post, and roads within the boundaries
last above defined.
6. The United States agree to give all poor warriors who remove a
rifle, ammunition, blanket, and brass kettle or beaver trap each,
as full compensation for improvements left by them; to those whose
improvements add real value to the land, the full value thereof,
as ascertained by appraisal, shall be paid. The United States to
furnish flat-bottomed boats and provisions on the Tennessee River for
transportation of those removing.
7. All valuable improvements made by Cherokees within the limits
ceded to the United States by first and second articles hereof shall
be paid for by the United States or others of equal value left by
removing Cherokees given in lieu thereof. Improvements left by emigrant
Cherokees not so exchanged shall be rented to the Indians, for the
benefit of the poor and decrepit of the Eastern Cherokees.
8. Each head of a Cherokee family residing on lands herein or hereafter
ceded to the United States who elects to become a citizen of the United
States shall receive a reservation of 640 acres, to include his or
her improvements, for life, with reversion in fee simple to children,
subject to widow's dower. On removal of reservees their reservations
shall revert to the United States. Lands reserved under this provision
shall be deducted from the quantity ceded by first and second articles.
9. All parties to the treaty shall have free navigation of all waters
herein mentioned.
10. The Cherokee Nation cedes to the United States all claim to
reservations made to Doublehead and others by treaty of January 7, 1806.
11. Boundary lines of lands ceded to the United States by first and
second articles, and by the United States to the Cherokees in fifth
article hereof, to be run and marked by a United States commissioner,
to be accompanied by commissioners appointed by the Cherokees.
12. Citizens of the United States are forbidden to enter upon lands
herein ceded by the Cherokees until ratification and proclamation of
this treaty.
13. Treaty to be binding upon the assent and ratification of the Senate
and President of the United States.