1. The Cherokee Nation cedes to the United States all of their lands
lying north and east of the following line, viz: Beginning on the
Tennessee River at the point where the Cherokee boundary with Madison
County, in the Alabama Territory, joins the same; thence along the main
channel of said river to the mouth of the Highwassee; thence along its
main channel to the first hill which closes in on said river, about two
miles above Highwassee Old Town; thence along the ridge which divides
the waters of the Highwassee and Little Tellico to the Tennessee River
at Talassee; thence along the main channel to the junction of the Cowee
and Nanteyalee; thence along the ridge in the fork of said river to
the top of the Blue Ridge; thence along the Blue Ridge to the Unicoy
Turnpike Road; thence by straight line to the nearest main source of
the Chestatee; thence along its main channel to the Chattahouchee; and
thence to the Creek boundary; it being understood that all the islands
in the Chestatee, and the parts of the Tennessee and Highwassee (with
the exception of Jolly's Island, in the Tennessee, near the mouth of
the Highwassee) which constitute a portion of the present boundary,
belong to the Cherokee Nation; and it is also understood that the
reservations contained in the second article of the treaty of Tellico,
signed the twenty-fifth October, eighteen hundred and five, and a tract
equal to twelve miles square, to be located by commencing at the point
formed by the intersection of the boundary line of Madison County
already mentioned and the north bank of the Tennessee River, thence
along the said line and up the said river twelve miles, are ceded
to the United States, in trust for the Cherokee Nation, as a school
fund, to be sold by the United States, and the proceeds vested as is
hereafter provided in the fourth article of this treaty; and also that
the rights vested in the Unicoy Turnpike Company by the Cherokee Nation
* * * are not to be affected by this treaty.
The foregoing cessions are understood and declared to be in full
satisfaction of all claims of the United States upon the Cherokees on
account of the cession to a part of their nation who have emigrated
or who may emigrate to the Arkansas and as a final adjustment of the
treaty of July 8, 1817.
2. The United States agree to pay, according to the treaty of July 8,
1817, for all valuable improvements on land within the country ceded by
the Cherokees, and to allow a reservation of 640 acres to each head of
a family (not enrolled for removal to Arkansas) who elects to become a
citizen of the United States.
3. Each person named in a list accompanying the treaty shall have a
reserve of 640 acres in fee simple, to include his improvements, upon
giving notice within six months to the agent of his intention to reside
permanently thereon. Various other reservations in fee simple are made
to persons therein named.
4. The reservations and 12-mile tract reserved for a school fund in
the first article are to be sold by the United States and the proceeds
invested in good stocks, the interest of which shall be expended in
educational benefits for the Cherokees east of the Mississippi.
5. The boundary lines of the land ceded by the first article shall be
established by commissioners appointed by the United States and the
Cherokees. Leases made under the treaty of 1817 of land within the
Cherokee country shall be void. All white people intruding upon the
lands reserved by the Cherokees shall be removed by the United States,
under the act of March 30, 1802.
6. Annuities shall be distributed in the proportion of two-thirds to
those east to one-third to those west of the Mississippi. Should the
latter object within one year to this proportion, a census shall be
taken of both portions of the nation to adjust the matter.
7. The United States shall prevent intrusion on the ceded lands prior
to January 1, 1820.