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WITNESS-James Seagrove, superintendant Indian affairs, C. N. Henry Gaither, lieutenant-colonel-commandant. Const. Freeman, A. W. D. major artillery and engineers. Samuel Tinsley, capt. 3d. sub-legion. Samuel Allinson, ensign 2d. sub-legion. John W. Thompson, ensign 1st U. S. sub-legion. Geo. Gillasspy, surgeon L. U. S. Timothy Barnard, D. A. and sworn Interpreter. James Burges, D. A. and sworn Interpreter. James Jordan. Richard Thomas. Alexander Cornels. William Eaton, capt. 4th U. S. sub-legion, commandant at Coleraine and secretary to the commission.


To New York, by the Mohawk nation of Indians, under the sanc

tion of the United States of America, of all claim to lands in March 29, 1797. that state.

Ar a treaty held under the authority of the United States, with the Mohawk nation of Indians, residing in the province of Upper Canada, within the dominions of the king of Great Britain, present, the honorable Isaac Smith, commissioner appointed by the United States to hold this treaty; Abraham Ten Broeck, Egbert Benson, and Ezra L'Hommedieu, agents for the state of New York; captain Joseph Brandt, and captain John Deserontyon, two of the said Indians and deputies, to represent the said nation at this treaty.

The said agents having, in the presence, and with the approbation of the said commissioner, proposed to and adjusted with the said deputies, the compensation as hereinafter mentioned to be made to the said nation, for their claim, to be extinguished by this treaty, to all lands within the said state: it is thereupon finally agreed and done, between the said agents, and the said deputies, as follows, that is to say: the said agents do agree to pay to the said deputies, the sum of one thousand dollars, for the use of the said nation, to be by the said deputies paid over to, and distributed among, the persons and families of the said nation, according to their usages. The sum of five hundred dollars, for the expenses of the said deputies, during the time they have attended this treaty and the sum of one hundred dollars, for their expenses in returning, and for conveying the said sum of one thousand dollars, to where the said nation resides. And the said agents do accordingly, for and in the name of the people of the state of New York, pay the said three several sums to the said deputies, in the presence of the said commissioner. And the said deputies do agree to cede and release, and these presents witness, that they accordingly do, for and in the name of the said nation, in consideration of the said compensation, cede and cede all right, release to the people of the state of New York, forever, all the right or title of the said nation to lands within the said state: and the claim of the said nation to lands within the said state, is hereby wholly and finally extinguished.

The Mohawks

&c. for ever.

In testimony whereof, the said commissioner, the said agents, and the

said deputies, have hereunto, and to two other acts, of the same
tenor and date, one to remain with the United States, one to remain
with the said state, and one delivered to the said deputies, to remain
with the said nation, set their hands and seals, at the city of Al-
bany, in the said state, the 29th day of March, in the year 1797.

Abm. Ten Broeck,
Egbt. Benson,

Ezra L'Hommedieu,
WITNESSES:-Robert Yates, John Tayler, Chas. Williamson, Thomas Morris,
The mark of John Abeel, alias the Cornplanter, a chief of the Senekas.

To the Indian names is subjoined a seal.

Jos. Brandt,

John Deserontyon.

Proclamation, April 27, 1798.

[For a contract, dated Sept. 15, 1797, between Robert Morris and the Senecas, entered into under the sanction of the United States, see post, Appendix 1. p. 601.] F (61)

Agents of New



the Mohawk deputies, $1000 and their expenses.

Oct. 2, 1798.


Ante, p. 39.

Ante, p. 43.

Peace and friendship perpetual.

Subsisting treaties to ope



Between the United States of America, and the Cherokee Indians.

WHEREAS, the treaty made and concluded on Holston River, on the second day of July, in the year one thousand seven hundred and ninetyone, between the United States of America, and the Cherokee nation of Indians, had not been carried into execution, for some time thereafter, by reason of some misunderstandings which had arisen :-And whereas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect, and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made and concluded by and between them, at Philadelphia, the twentysixth day of June, in the year one thousand seven hundred and ninetyfour In which, among other things, it was stipulated, that the boundaries mentioned in the fourth article of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said article, whenever the Cherokee nation should have ninety days' notice of the time and place at which the commissioners of the United States intended to commence their operation: And whereas further delays in carrying the said fourth article into complete effect did take place, so that the boundaries mentioned and described therein, were not regularly ascertained and marked, until the latter part of the year, one thousand seven hundred and ninety-seven before which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers citizens of the United States, upon the Indian lands over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties: but which settlers were removed from the said Indian lands, by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as the nature of the case had admitted: And whereas, for the purpose of doing justice to the Cherokee nation of Indians, and remedying inconveniencies arising to citizens of the United States from the adjustment of the boundary line between the lands of the Cherokees and those of the United States, or the citizens thereof, or from any other cause in relation to the Cherokees; and in order to promote the interests and safety of the said states, and the citizens thereof, the President of the United States, by and with the advice and consent of the Senate thereof, hath appointed George Walton, of Georgia, and the President of the United States hath also appointed Lieutenant-Colonel Thomas Butler, commanding the troops of the United States, in the state of Tennessee, to be commissioners for the purpose aforesaid: And who, on the part of the United States, and the Cherokee nation, by the undersigned chiefs and warriors, representing the said nation, have agreed to the following articles, namely:


The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued, and declared perpetual.


The treaties subsisting between the present contracting parties, are acknowledged to be of full and operating force; together with the construction and usage under their respective articles, and so to continue.



The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty.


To prevent all future misunderstanding about the line described in the foregoing article, two commissioners shall be appointed to superintend the running and marking the same, where not ascertained by the rivers, immediately after signing this treaty; one to be appointed by the commissioners of the United States, and the other by the Cherokee nation; and who shall cause three maps or charts thereof to be made out; one whereof shall be transmitted and deposited in the war office of the United States; another with the executive of the state of Tennessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Cherokee nation.


Cession of ter

In acknowledgement for the protection of the United States, and for the considerations hereinafter expressed and contained, the Cherokee ritory. nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz. From a point on the Tennessee river, below Tellico block-house, called the Wild-cat Rock, in a direct line to the Militia spring, near the Mary-ville road leading from Tellico. From the said spring to the Chill-howie mountain, by a line so to be run, as will leave all the farms on Nine-mile Creek to the northward and eastward of it; and to be continued along Chill-howie mountain, until it strikes Hawkins's line. Thence along the said line to the great Iron mountain; and from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little river crosses the divisional line to Tuggaloe river: From the place of beginning, the Wild-cat Rock, down the northeast margin of the Tennessee river (not including islands) to a point or place one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle, until it intersects Hawkins's line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Emmery's river; and thence up Emmery's river to the foot of Cumberland mountain. From thence a line to be drawn, northeastwardly, along the foot of the mountain, until it intersects with Campbell's line.

Limits to remain the same,



The Cherokee nation agree, that the Kentucky road, running between the Cumberland mountain and the Cumberland river, where the same shall pass through the Indian land, shall be an open and free road for the use of the citizens of the United States in like manner as the road from Southwest point to Cumberland river. In consideration of which it is hereby agreed on the part of the United States, that until settle

Commissioners for running the line of the ces




In consideration of the relinquishment and cession hereby made, the United States upon signing the present treaty, shall cause to be delivered for the treaty. to the Cherokees, goods, wares and merchandize, to the amount of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country for ever, as made and contained in former treaties.

Kentucky road to be kept open.

Indians may hunt on lands relinquished.

Notice of time for delivering annuities, &c.

Horses stolen to be paid for.

Oblivion of past aggressions.

ments shall make it improper, the Cherokee hunters shall be at liberty to hunt and take game upon the lands relinquished and ceded by this treaty.


Due notice shall be given to the principal towns of the Cherokees, of the time proposed for delivering the annual stipends; and sufficient supplies of provisions shall be furnished, by and at the expense of the United States, to subsist such reasonable number that may be sent, or shall attend to receive them during a reasonable time.


It is mutually agreed between the parties, that horses stolen and not returned within ninety days, shall be paid for at the rate of sixty dollars each; if stolen by a white man, citizen of the United States, the Indian proprietor shall be paid in cash; and if stolen by an Indian from a citizen, to be deducted as expressed in the fourth article of the treaty of Philadelphia. This article shall have retrospect to the commencement of the first conferences at this place in the present year, and no further. And all animosities, aggressions, thefts and plunderings, prior to that day shall cease, and be no longer remembered or demanded on either side.


The Cherokee nation agree, that the agent who shall be appointed to reside among them from time to time, shall have a sufficient piece of piece of ground. ground allotted for his temporary use.

The Cherokee agent to have a

And lastly, This treaty, and the several articles it contains, shall be considered as additional to, and forming a part of, treaties already subsisting between the United States and the Cherokee nation, and shall be carried into effect on both sides, with all good faith as soon as the same shall be approved and ratified by the President of the United States, and the Senate thereof.

IN WITNESS of all and every thing herein determined between the United States of America, and the whole Cherokee nation, the parties hereunto set their hands and seals, in the Council-House, near Tellico, on Cherokee ground, and within the United States, this second day of October, in the year one thousand seven hundred and ninety-eight, and in the twenty-third year of the Independence and Sovereignty of the United States.

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