These articles were concluded as supplementary to the treaty of
December 29, 1835, and were ratified at the same time and as a part
of that treaty. They were rendered necessary by the determination of
President Jackson not to allow any pre-emptions or reservations, his
desire being that the whole Cherokee people should remove together to
the country west of the Mississippi.
1. All pre-emption rights and reservations provided for in articles 12
and 13 are declared void.
2. The Cherokees having supposed that the sum of $5,000,000, fixed
as the value of Cherokee lands, did not include the amount required
to remove them, nor the value of certain claims held by them against
citizens of the United States, and the President being willing that the
subject should be referred to the Senate of the United States for any
further provision that body should deem just.
3. It is agreed, should it receive the concurrence of that body, to
allow the Cherokees the sum of $600,000, to include the expenses
of removal and all claims against the United States not otherwise
specifically provided for, and to be in lieu of the aforesaid
reservations and pre-emptions and of the $300,000 for spoliations
provided in article 1 of the original treaty to which this is
supplementary. This sum of $600,000 shall be applied and distributed
agreeably to the provisions of said treaty, the surplus, if any, to
belong to the education fund.
4. The provision of article 16 concerning the agency reservations is
not intended to interfere with the occupant right of any Cherokees
whose improvements may fall within the same.
The $100,000 appropriated in article 12 for the poorer class of
Cherokees, and intended as a set-off to the pre-emption rights, shall
now be added to the general national fund of $400,000.
5. The expenses of negotiating the treaty and supplement and of such
persons of the Cherokee delegation as may sign the same shall be
defrayed by the United States.
NOTE.--The following amendments were made by the United States Senate:
In article 17 strike out the words "by General William Carroll and
John F. Schermerhorn, or;" also, in the same article, after the word
"States," insert "by and with the advice and consent of the Senate of
the United States;" and strike out the 20th article, which appears as a
supplemental article.