people, and a

sued.

and Albion K. Parris; and John Ross, principal chief of the Cherokee Nation, David Vann, William S. Coody, Richard Taylor, T. H. Walker, Clement V. McNair, Stephen Foreman, John Drew, and Richard Field, delegates duly appointed by the regularly constituted authorities of the Cherokee Nation; George W. Alair, John A. Bell, Stand Watie, Joseph M. Lynch, John Huss, and Brice Martin, a delegation appointed by, and representing, that portion of the Cherokee tribe of Indians known and recognized as the "Treaty Party;" John Brown, Captain Dutch, John L. McCoy, Richard Drew, and Ellis Phillips, delegates appointed by, and representing, that portion of the Cherokee tribe of Indians known and recognized as " Western Cherokees," or "Old Settlers:"

Whereas serious difficulties have for a considerable time past existed between the different portions of the people constituiing and recognised as the Cherokee Nation of Indians, which it is desirable should be speedily settled, so that peace and harmony may be restored among them: and whereas certain claims exist on the part of the Cherokee Nation, and portions of the Cherokee people, against the United States; therefore, with a view to the final and amicable settlement of the difficulties and claims before mentioned, it is mutually agreed by the several parties to this convention as follows, viz:

ARTICLE I.

Lands occupied That the lands now occupied by the Cherokee Nation shall by Cherokee nation to be se- be secured to the whole Cherokee people for their common use cured to whole and benefit; and a patent shall be issued for the same, inclupatent to be is ding the eight hundred thousand acres purchased, together with the outlet west, promised by the United States, in conformity with the provisions relating thereto, contained in the third article of the treaty of 1835, and in the third section of the act of Congress, approved May twenty-eighth, 1830, which authorizes the President of the United States, in making exchanges of lands with the Indian tribes, " to assure the tribe or nation with which the exchange is made, that the United States will forever secure and guarantee to them, and their heirs or successors, the country so exchanged with them; and, if they prefer it, that the United States will cause a patent or grant to be made and executed to them for the same: Provided, always, That such lands shall revert to the United States, if the Indians become extinct, or abandon the same."

Proviso

All difficulties

and

adjusted, and a

ARTICLE II.

All difficulties and differences heretofore existing between disputes the several parties of the Cherokee Nation are hereby setiled general amnes- and adjusted, and shall, as far as possible, be forgotten and forly declared, ever buried in oblivion. All party d.stinctions shall cease,

ex

cept so far as they may be necessary to carry out this convention or treaty. A general amnesty is hereby declared. All offences and crimes committed by a citizen or citizens of the Cherokee Nation, against the Nation, or against an individual or individuals, are hereby pardoned. All Cherokees who are now out of the Nation, are invited and earnestly requested to return to their homes, where they may live in peace, assured that they shall not be prosecuted for any offence heretofore committed against the Cherokee Nation, or any individual thereof. And this pardon and amnesty shall extend to all who may now be out of the Nation and who shall return thereto on or before

Laws to be

1st day of December next. The several parties agree to unite in enforcing the laws against all future offenders. Laws passed for equal shall be passed for equal protection, and for the security of life, protection and liberty, and property; and full authority shall be given by law, for the security of life, liberty & to all or any portion of the Cherokee people, peaceably to as- property. semble and petition their own Government, or the Government of the United States, for the redress of grievances, and to discuss their rights. All armed police, light-horse, and other military organization, shall be abolished, and the laws enforced by the civil authority alone.

No one to be

for

No one shall be punished for any crime or misdemeanor, ex- punished cept on conviction by a jury of his country, and the sentence any crime, exof a court duly authorized by law to take cognizance of the cept on convietion by a jury. offence. And it is further agreed, all fugitives from justice, except those included in the general amnesty herein stipulated, seeking refuge in the territory of the United States, shall be delivered up by the authorities of the United States to the Cherokee Nation for trial and punishment.

ARTICLE III.

paid out of the

Whereas certain claims have been allowed by the several Certain claims boards of commissioners heretofore appointed under the treaty $5,000,000 fund of 1835, for rents under the name of improvements and spolia- to herombus. sed by the U.S. tions, and for property of which the Indians were dispossessed, provided for under the 16th article of the treaty of 1835; and whereas the said claims have been paid out of the $5,000,000 fund; and whereas said claims were not justly chargeable to that fund, but were to be paid by the United States, the said United States agree to reimburse the said fund, the amount thus charged to said fund, and the same shall form a part of the ag gregate amount to be distributed to the Cherokee people, as provided in the 9th article of this treaty; and whereas a further amount has been allowed for reservations under the provisions of the 13th article of the treaty of 1835, by said commissioners, and has been paid out of the said fund, and which said sums were properly chargeable to, and should have been paid by the United States, the said United States further agree to reimburse the amounts thus paid for reservations to said fund; and whereas the expenses of making the treaty of New Echoto were also

paid out of said fund, when they should have been borne by the United States, the United States agree to reimburse the same, and also, to reimburse all other sums paid to any agent of the government, and improperly charged to said fund; and the same also shall form a part of the aggregate amount to be dis tributed to the Cherokee people, as provided in the 9th article of this treaty.

ARTICLE IV.

Provision for And whereas it has been decided by the board of commisthe equitable interest of the sioners recently appointed by the President of the United States Western Cher- to examine and adjust the claims and difficulties existing aceded by the gainst and between the Cherokee people and the United States, treaty of 1823. as well as between the Cherokees themselves, that under the

okees in lands

provisions of the treaty of 1828, as well as in conformity with the general policy of the United States in relation to the Indian tribes, and the Cherokee nation in particular, that that portion of the Cherokee people known as the "Old Settlers," or "Western Cherokees," had no exclusive title to the territory ceded in that treaty, but that the same was intended for the use of, and to be the home for, the whole nation, including as well that portion then east, as that portion then west of the Mississippi; and whereas the said board of commissioners further decided that, inasmuch as the territory before mentioned became the common property of the whole Cherokee nation by the operation of the treaty of 1828, the Cherokees then west of the Mississippi, by the equitable operation of the same treaty, acquired a common interest in the lands occupied by the Cherokees east of the Mississippi river, as well as in those occupied by themselves west of that river, which interest should have been provided for in the treaty of 1835, but which was not, except in so far as they, as a constituent portion of the nation, retained, in proportion to their numbers, a common interest in the country west of the Mississippi, and in the general funds of the nation; and therefore they have an equitable claim upon the United States for the value of that interest, whatever it may How the value be. Now, in order to ascertain the value of that interest, it is of said interest agreed that the following principle shall be adopted, viz: all the investments and expenditures which are properly chargea ble upon the sums granted in the treaty of 1835, amounting in the whole to five millions six hundred thousand dollars, (which investments and expenditures are particularly enumerated in the 15th article of the treaty of 1835,) to be first deducted from said aggregate sum, thus ascertaining the residuum or amount which would, under such marshalling of accounts, be left for per capita distribution among the Cherokees emigrating under the treaty of 1835, excluding all extravagant and improper ex penditures, and then allow to the Old Settlers (or Western Cherokees) a sum equal to one-third part of said residuum, to be distributed per capita to each individual of said party of "Old

shall be ascertained.

Settlers" or "Western Cherokees." It is further agreed that so far as the Western Cherokees are concerned, in estimating the expense of removal and subsistence of an eastern Cherokee, to be charged to the aggregate fund of five million six bundred thousand dollars above mentioned, the sums for removal and subsistence stipulated in the 8th article of the treaty of 1835, as commutation money in those cases in which the parties entitled to it removed themselves, shall be adopted. And as it affects the settlement with the Western Cherokees, there shall be no deduction from the fund before mentioned, in consideration of any payments which may hereafter be made out of said fund, and it is hereby further understood and agreed, that the principle above defined shall embrace all those Cherokees west of the Mississippi, who emigrated prior to the treaty of 1835.

okees.

In the consideration of the foregoing stipulation on the part Release by the of the United States, the "Western Cherokees" or "Old Set- Western Chertlers" hereby release and quit claim to the United States all right, title, interest, or claim they may have to a common property in the Cherokee lands east of the Mississippi river, and to exclusive ownership to the lands ceded to them by the treaty of 1833 west of the Mississippi, including the outlet west, consenting and agreeing that the said lands, together with the eight hundred thousand acres ceded to the Cherokees by the treaty of 1835, shall be and remain the common property of the whole Cherokee people, themselves included.

ARTICLE V.

for

western Chero

S.

struck

out by the Sen

It is mutually agreed that the per capita allowance to be giv- The per capita. en to the Western Cherokees" or "Old Settlers," upon the allowance principle above stated, shall be held in trust by the government kees to be held of the United States, and paid out to each individual belonging e in trust by U. to that party or head of family, or his legal representatives, first The words in deducting therefrom the sum of fifty thousand dollars, to be italice paid to the delegation of that portion of the Cherokee people awe. who are parties to the treaty, to defray the expenses of prosecuting their claims against the Government of the United States, including the late Captain John Rogers. And it is further agreed, that the per capita allowance to be paid as aforesaid shall not be assignable, but shall be paid directly to the persons entitled to it, or to his heirs or legal representatives, by the agent of the United States, authorized to make such pay

menis.

And it is further agreed that a committee of five persons shall Committee of 5 be appointed by the President of the United States, from the from party of party of "Old Seulers," whose duty it shall be, in conjunction with an agent of the United States, to ascertain what persons are entitled to the per capita allowance provided for in this and the preceding article.

Indemnity for treaty party."

Provision for

ARTICLE VI.

And whereas many of that portion of the Cherokee people known and designated as the Treaty party, have suffered losses and incurred expenses in consequence of the treaty of 1835, therefore, to indemnify the Treaty Party, the United States agree to pay to the said Treaty Party the sum of one hundred and fifteen thousand dollars, of which the sum of five thousand dollars shall be paid by the United States to the heirs or legal heirs of Major representative of Major Ridge, the sum of five thousand dollars Ridge, John to the heirs or legal representatives of John Ridge, and the sum Ridge, and Elias Boudinot. five thousand dollars to the heirs or legal representatives of Elias Boudinot, and the balance, being the sum of one hundred thousand dollars, which shall be paid by the United States, in such amounts and to such persons as may be certified by a committee to be appointed by the Treaty Party, and which committee shall consist of not exceeding five persons, and approved by an agent of the United States, to be entitled to receive the same for losses and damages sustained by them, or by those of whom they are the heirs or legal representatives: Provided, That out of the said balance of one hundred thousand dollars the present delegation of the Treaty Party may receive the sum of twenty-five thousand dollars, to be by them applied to the payment of claims and other expenses. And it is further provi ded that if the said sum of one hundred thousand dollars should not be sufficient to pay all the claims allowed for losses and damages, that then the same shall be paid to the said claimants pro rata, and which payments shall be in full of all claims and losses of the said Treaty Party.

Proviso.

Value of salines

to be ascertain- .

possessed of

them.

ARTICLE VII.

The value of all salines, which were the private property of ed and paid to individuals of the Western Cherokees, and of which they were individuals dis- dispossessed, provided there be any such, shall be ascertained by the United States agent and a commissioner to be appointed by the Cherokee authorities; and should they be unable to agree, they shall select an umpire whose decision shall be final, and the several amounts found due shall be paid by the Cherokee Nation; or the salines returned to their respective owners.

Payment for a

arms, &c.

ARTICLE VIII.

printing press, sum of two thousand dollars for a printing press, materials, and The United States agree to pay to the Cherokee Nation the other property destroyed at that time; the sum of five thousand dollars, to be equally divided among all those whose arms were taken from them previous to their removal west by order of an officer of the United States; and the further sum of twenty thousand dollars in lieu of all claims of the Cherokee Nation as a nation, prior to the treaty of 1835, except all lands reserved, by treaties heretofore made, for school funds.