The preamble recites the difficulties that have long existed between
the different factions of the nation, and because of the desire to heal
those differences and to adjust certain claims against the United States
growing out of the treaty of 1835 this treaty is concluded, and provides:
1. The lands now occupied by the Cherokee Nation shall be secured
to the whole Cherokee people for their common use and benefit. The
United States will issue a patent therefor to include the 800,000-acre
tract and the western outlet. If the Cherokees become extinct or
abandon the land it shall revert to the United States.
2. All difficulties and differences heretofore existing between the
several parties of the Cherokee Nation are declared to be settled and
adjusted. A general amnesty for all offenses is declared and fugitives
may return without fear of prosecution. Laws shall be passed for the
equal protection of all. All armed police or military organizations shall
be disbanded and the laws executed by civil process. Trial by jury is
guaranteed.
3. The United States agree to reimburse to the Cherokee Nation all
sums unjustly deducted for claims, reservations, expenses, etc., from
the consideration of $5,000,000 agreed to be paid under the treaty of
1835 to the Cherokees for their lands, and to distribute the same as
provided in the ninth article of that treaty.
4. The board of commissioners recently appointed by the President
have declared that under the provisions of the treaty of 1828 the "Old
Settlers," or Western Cherokees, had no exclusive title to the lands
ceded by that treaty as against the Eastern Cherokees, and that by
the equitable operation of that treaty the former acquired a common
interest in the Cherokee lands east of the Mississippi. This interest of
the "Old Settlers" was unprovided for by the treaty of 1835. It is
therefore agreed that a sum equal to one-third of the residuum of per
capita fund left after a proper adjustment of the account for distribution
under the treaty of 1835 shall be paid to said "Old Settlers," and
that in so doing, in estimating the cost of removal and subsistence, it
shall be based upon the rate fixed therefor in the eighth article of the
treaty of 1835. In consideration of the foregoing the "Old Settlers"
release to the United States all interest in the Cherokee lands east of
the Mississippi and all claim to exclusive ownership in the Cherokee
lands west of the Mississippi.
5. The per capita allowance to the "Western Cherokees," or "Old
Settlers," upon the principle above stated, shall be held in trust by the
United States and paid out to each individual or head of family or his
representative entitled thereto in person. The President of the United
States shall appoint five persons as a committee from the "Old Settlers"
to determine who are entitled to the per capita allowance.
6. The United States agree to pay the "Treaty party" the sum of
$115,000 for losses and expenses incurred in connection with the treaty
of 1835, of which $5,000 shall be paid to the legal representatives
or heirs of Major Ridge, $5,000 to those of John Ridge, and $5,000
to those of Elias Boudinot. The remainder shall be distributed among
those who shall be certified by a committee of the "Treaty party" as
entitled, provided that the present delegation of the party may deduct
$25,000, to be by them applied to the payment of claims and expenses.
And if the said sum of $100,000 should be insufficient to pay all
claims for losses and damages, then the claimants to be paid pro rata
in full satisfaction of said claims.
7. All individuals of the "Western Cherokees" who have been
dispossessed of salines, the same being their private property, shall
be compensated therefor by the Cherokee Nation, upon an award to be
made by the United States agent and a Cherokee commissioner, or the
salines shall be returned to the respective owners.
8. The United States agree to pay the Cherokee Nation $2,000 for a
printing press, etc., destroyed; $5,000 to be equally divided among all
whose arms were taken from them previous to their removal West by order
of an officer of the United States, and $20,000 in lieu of all claims
of the Cherokee Nation, as a nation, prior to the treaty of 1835,
except lands reserved for school funds.
9. The United States agree to make a fair and just settlement of all
moneys due to the Cherokees and subject to the per capita division
under the treaty of December 29, 1835. This settlement to embrace
all sums properly expended or charged to the Cherokees under the
provisions of said treaty, and which sums shall be deducted from the
sum of $6,647,067. The balance found due to be distributed per capita
among those entitled to receive the same under the treaty of 1835 and
supplement of 1836, being those residing east of the Mississippi River
at that date.
10. Nothing herein shall abridge or take away any rights or claims
which the Cherokees _now_ residing in States east of the Mississippi
River had or may have under the treaty of 1835 and supplement of 1836.
11. It is agreed that the Senate of the United States shall determine
whether the amount expended for one year's subsistence of the
Cherokees, after their removal under the treaty of 1835 and supplement
of 1836, is properly chargeable to the United States or to the Cherokee
funds, and, if to the latter, whether such subsistence shall be charged
at a sum greater than $33-1/3 per head; also, whether the Cherokees
shall be allowed interest upon the sums found to be due them; and, if
so, from what date and at what rate.