The preamble recites at considerable length the reasons for the
negotiation of the treaty and the preliminary steps taken, following
which the provisions of the treaty as concluded are given.
1. The Cherokee Nation cedes to the United States all the land claimed
by said Nation east of the Mississippi River, and hereby releases all
claims on the United States for spoliations of every kind for and in
consideration of $5,000,000. In case the United States Senate should
decide that this sum does not include spoliation claims, then $300,000
additional should be allowed for that purpose.
2. The description of the 7,000,000 acres of land guaranteed to the
Cherokees west of the Mississippi by the treaties of 1828 and 1833 is
repeated, and in addition thereto the further guaranty is made to the
Cherokee Nation of a perpetual outlet west, and a free and unmolested
use of all the country west of the western boundary of said 7,000,000
acres, as far west as the sovereignty of the United States and their
right of soil extend, provided that if the salt plain shall fall within
the limits of said outlet the right is reserved to the United States to
permit other tribes of Indians to procure salt thereon. "And letters
patent shall be issued by the United States as soon as practicable for
the land hereby guaranteed."
It being apprehended that the above would afford insufficient land for
the Cherokees, the United States, in consideration of $500,000, agree
to patent to them in fee simple the following additional tract, viz:
Beginning at the southeast corner of the Osage Reservation, and running
north along the east line of the Osage lands 50 miles to the northeast
corner thereof, thence east to the west line of the State of Missouri,
thence with said line south 50 miles, thence west to the place of
beginning, estimated to contain 800,000 acres, it being understood that
if any of the Quapaw lands should fall within these limits they should
be excepted.
3. All the foregoing described lands to be included in one patent,
under the provisions of the act of May 28, 1830; the United States
to retain possession of the Fort Gibson military reservation until
abandoned, when it shall revert to the Cherokees. The United States
reserve the right to establish post and military roads and forts in any
part of the Cherokee country.
4. The United States agree to extinguish for the Cherokees the Osage
half-breed titles to reservations under the treaty of 1825 for the
sum of $15,000. The United States agree to pay to the American Board
of Commissioners for Foreign Missions the appraised value of their
improvements at Union and Harmony missions.
5. The United States agree that the land herein guaranteed to the
Cherokees shall never, without their consent, be included within the
limits or jurisdiction of any State or Territory. The United States
also agree to secure them the right to make and carry into effect such
laws as they deem necessary, provided they shall not be inconsistent
with the Constitution of the United States and such acts of Congress
as provide for the regulation of trade and intercourse with the Indian
tribes; and provided also they shall not affect such citizens and army
of the United States as may travel or reside in the Indian country by
permission granted under the laws or regulations thereof.
6. Perpetual peace shall exist between the United States and the
Cherokees. The United States shall protect the Cherokees from domestic
strife, foreign enemies, and from war with other tribes, as well as
from the unlawful intrusion of citizens of the United States. The
Cherokees shall endeavor to maintain peace among themselves and with
their neighbors.
7. The Cherokees shall be entitled to a delegate in the United States
House of Representatives whenever Congress shall make provision for the
same.
8. The United States agree to remove the Cherokees to their new home
and to provide them with one year's subsistence thereafter. Those
desiring to remove themselves shall be allowed a commutation of $20 per
head therefor, and, if they prefer it, a commutation of $33-1/3 per
head in lieu of the one year's promised subsistence. Cherokees residing
outside the limits of the nation who shall remove within two years to
the new Cherokee country shall be entitled to the same allowances as
others.
9. The United States agree to make an appraisement of the value of all
Cherokee improvements and ferries. The just debts of the Indians shall
be paid out of any moneys due them for improvements and claims. The
Indians shall be furnished with sufficient funds for their removal, and
the balance of their dues shall be paid them at the Cherokee Agency
west of the Mississippi. Missionary establishments shall be appraised
and the value paid to the treasurers of the societies by whom they were
established.
10. The President of the United States shall invest in good
interest-paying stocks the following sums for the benefit of the
Cherokee people, the interest thereon only to be expended: $200,000,
in addition to their present annuities, for a general national fund;
$50,000 for an orphans' fund; $150,000, in addition to existing school
fund, for a permanent national school fund: the disbursement of the
interest on the foregoing funds to be subject to examination and any
misapplications thereof to be corrected by the President of the United
States.
On two years' notice the Cherokee council may withdraw their funds,
by the consent of the President and the United States Senate, and
invest them in such manner as they deem proper. The United States
agree to appropriate $60,000 to pay the just debts and claims against
the Cherokee Nation held by citizens of the same, and also claims of
citizens of the United States for services rendered the nation. Three
hundred thousand dollars is appropriated by the United States to
liquidate Cherokee claims against the United States for spoliations of
every kind.
11. The Cherokees agree to commute their existing permanent annuity
of $10,000 for the sum of $214,000, the same to be invested by the
President as a part of the general fund of the nation. Their present
school fund shall also constitute a portion of the permanent national
school fund.
12. Such Cherokees as are averse to removal west of the Mississippi and
desire to become citizens of the States where they reside, if qualified
to take care of themselves and their property, shall receive their
proportion of all the personal benefits accruing under this treaty for
claims, improvements, and per capita.
Such heads of Cherokee families as desire to reside within the States
of North Carolina, Tennessee, and Alabama, subject to the laws
thereof and qualified to become useful citizens, shall be entitled
to a pre-emption right of 160 acres at the minimum Congress price,
to include their improvements. John Ross and eleven others named are
designated as a committee on the part of the Cherokees to recommend
persons entitled to take pre-emption rights, to select the missionaries
who shall be removed with the nation, and to transact all business that
may arise with the United States in carrying the treaty into effect.
One hundred thousand dollars shall be expended by the United States for
the benefit of such of the poorer classes of Cherokees as shall remove
west.
13. All Cherokees and their heirs to whom reservations had been made by
any previous treaty, and who had not sold or disposed of the same, such
reservations being subsequently sold by the United States should be
entitled to receive the present value thereof from the United States as
unimproved lands. All such reservations not sold were to be confirmed
to the reservees or their heirs. All persons entitled to reservations
under treaty of 1817, whose reservations, as selected, were included by
the treaty of 1819 in the unceded lands of the Cherokee Nation, shall
be entitled to a grant for the same. All reservees who 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 value thereof or
for the amount paid therefor, with interest. The amount allowed for
reservations under this article is to be paid independently, and not
out of the consideration allowed to the Cherokees for spoliation claims
and their cession of lands.
14. Cherokee warriors wounded in the service of the United States
during the late war with Great Britain and the southern tribes of
Indians shall be allowed such pensions as Congress shall provide.
15. The balance of the consideration herein stated, after deducting
the amount actually expended for improvements, ferries, claims,
spoliations, removal, subsistence, debts, and claims upon the Cherokee
Nation, additional quantity of lands, goods for the poorer class of
Cherokees, and the several sums to be invested for the general national
funds, shall be divided equally among all the people belonging to the
Cherokee Nation east, according to the census just completed. Certain
Cherokees who had removed west since June, 1833, were to be paid for
their improvements.
16. The Cherokees stipulate to remove west within two years from the
ratification of this treaty, during which time the United States shall
protect them in the possession and enjoyment of their property, and in
case of failure to do so shall pay all losses and damages sustained by
them in consequence thereof.
The United States and the several States interested in the Cherokee
lands shall immediately proceed to survey the lands ceded by this
treaty, but the agency buildings and tract of land surveyed and laid
off for the use of Col. R. J. Meigs, Indian agent, shall continue
subject to the control of the United States or such agent as may be
specially engaged in superintending the removal of the tribe.
17. All claims arising under or provided for in this treaty shall
be examined and adjudicated by General William Carroll and John F.
Schermerhorn, or by such commissioners as shall be appointed by the
President of the United States for that purpose, and their decision
shall be final, and the several claimants shall be paid on their
certificate by the United States. All stipulations of former treaties
not superseded or annulled by this treaty shall continue in force.
18. The annuities of the nation which may accrue during the next two
years preceding their removal shall, on account of the failure of
crops, be expended in provision and clothing for the benefit of the
poorer classes of the nation as soon after the ratification of this
treaty as an appropriation shall be made. So interference is, however,
intended with that part of the annuities due the Cherokees west under
the treaty of 1819.