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The United States agrec to make a fair and just selllement A fair and just
settlement of all of all moneys due to che Cherokees, and subject to the per moneyx due the capita division under the treaty of 29th December, 1935, which Cherokees un,
der Treaty of said sertlement shall exhibit all money properly expended un. 1835to be made. der said treaty; and shall embrace all sums paid for improvemenis, ferries, spoliations, removal, and subsistence, and commuta!ion therefor, debts and clainis upon the Cherokee Nation of Indians, for the additional quantiiy of land ceded 10 said nation; and the several sums provided in the several articles of the treaty to be invested as the general funds of the nation; and also all suns which may be hereafter properly allowed and paid under the provisions of the treaty of 1835. The aggregate of which said several sume. shall be deducted from the sum of six millions six hundred and forty-seven thousand and sixty-seven dollars, and the balance thus found to be due shall be paid over per capita in equal amounts to all those individuals, heads of families. or their le. gal representatives, entitled to receive the same under the treaty of 1835, and the supplement of 1836, being all those Cherokees residing east at the date of said treaty and the supplement thereto. .
It is expressly agreed that nothing in the foregoing treaty contained, shall be so construed, as in any manner to take away or abridge any rights or claims which the Cherokees now residing in States east of the Mississippi river had, or may hayo, under the treaty of 1835 and the supplement thereto.
Whereas ibe Cherokee delegations contend that the amount Questions to bo expended for the one year's subsistence, after their arrival in the submitted to the
Senate of U, A west, of the eastern Cherokees, is not properly chargeable to the treaty fund : It is hereby agreed that, that question shall be submitted 10 the Senate of the United States for its decision, which shall decide whether the subsistence shall be borne by the United States or the Cherokee funds; and if by the Cherokees, then to say, whether the subsistence shall be charged at a greater rate than thirty-three, * dollars per head; and also the question, whether the Cherokes Nation shall be allowed interest on whatever sum may be found to be due the nation, and from what date and at what rate per annum.
The Western Cherokees, called “Old Settlers,” in assenting This article
struck out by to the general provisious of this treaty, in behalf of their people, San have expressed their fixed opinion that, in making a seillement with them upon the basis herein established, the expenses in
curred for the removal and subsistence of Cherokees aster the twenty third day of May, 1838, should not be charged upon the five millions of dollars allowed to the Cherokees for their lands under the treaiy of 183), or
on the fund provided by the third article of the supplement therelo; and ihat no part of the spoliations, subsistence, or removal provided for by the several articles of said treaty and the supplement thereto, should be charged against them in their settlement for their interest in the Cherokee country cast and west of the Mississippi river. And the delegation of “Old Settlers," or .“ Western Cherokees," propose that the question shall be submilled with this treaty to the decision of the Senate of the Uni. ted States, of what pailion, if any, of the expenditures made for removal, subsistence, and spoliations, under the treaty of 1835, is properly and legally chargeable to the five million fund. And ihey will abide by the decision of the Senate.
This treaty, after the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties.
Signed 6 Aug
In testimony whereof, the said Edmund Burke, William Arm2846. strong, and Albion K. Parris, commissioners as aforesaid, and the
several delegations aforesaid, and the Cherokee Nation and peo.
(seal.] Albion K. Parris,
John Huss, his x mark, (seal.]
Ellis F. Phillips, [scal.)
Joseph Bryan, of Alabama.
IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, Amended by
AUGUST 8, 1846. ;
Resolved, (two-thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the articles of a treaty made and concluded at Washington, in the District of Columbia, the sixth day of August, in the year of our Lord one thousand eight hundred and forty-six, between the United States of America, by three commissioners, Edmund Burke, William Armstrong, and Albion K. Parris, and John Ross, principal chief of the Cherokee Nation, Davià Vann, Williain $. Coodey, Richard Taylor, T. H. Walker, Clement F. McNair, Stephen Foreman, John Drew, and Richard Field, delegates duly appointed by the regularly constituted authori. ties of the Cherokee Nation; Geo. W. Adair, 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 recognised 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 recognised as “ Weslern Cherokees,” or “ Old Settlers," with the following
AMENDMENTS. Strike out of the fifth article the following words: “First deducting therefrom the sum of fifty thousand dollars to be paid to the delegation of that portion of the Cherokee people who are parties to the treaty, to defray the expenses of proseculing their claims against the Government of the United States, including the late Captain John Rogers.” Strike out the twelfth article of the treaty.
Altest : a ASBURY DICKINS, Secretary.
We, John Ross, principal chief of the Cherokee Nation, David Vann, Wm. S. Coodey, Richard Taylor, T. H. Walker, Clement F. McNair, Stephen Foreman, John Drew, and Richard Field, delegates duly appointed by the regularly constitiited authorities of the Cherokee Nation; George W. Adair, 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 recognised 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 recognised as “ Western Cherokees,” or “Old SetJers," do hereby give our free and voluntary assent to the fore. going amendments made by the Senate of the United States, on the eighth day of August, one thousand eight hundred and forty six, to the treaty concluded by us with Edınund Burke, William Armstrong, and Albion K. Parris, commissioners acting for and on behalf of the United States, on the sixth day of August, one thousand eight hundred and forty-six, the same having been submitted and fully explained to us by the Secretary of War and Commissioner of Indian Affairs, on the part of the United States.
In testimony whereof, we have hereunto set our hands and affixed our seals, respectively, at Washington, District of Columbia, the thirteenth day of August, one thousand eight hubdred and forty-six. Jno. Ross,
seal.) David Vann,
seal.] W. S. Coodey,
(seal.] R. Taylor,
seal.] T. Walker,
[seal.] C. V. MeN ir,
(seal.] Stephen Foreman, (seal.)
(By John Ross.) John Drew,
(seal.] Richard Fields,
seal.] Geo. W. Adair,
(By J. M. Lynch.) Jno. Brown, Wm. Dutch, his x mark, seal.} John L. McCoy,
seal.] Richard Drew, bis x mark, seal. Ellis F. Phillips,
Spencer Jarnagin, U. S. S.
Now, therefore, be it known, that I, JAMES K. POLK, Proclaimed 17 President of the United States of America, do, in pursuance of All the advice and consent of the Senate, as expressed in their resolution of the eighth day of August, one thousand eighi hun. dred and forty-six, accept, ratify, and confirm the said treaty, with the amendments set forth in the said resolution.
In testimony whereof, I have caused the seal of the United
gust, in the year of our Lord one thousand eight hun(L. S.] dred and forty-six, and of the independence of the United States of America the seventy-first.
JAMES K. POLK. By the President:
James Buchanan, Secretary of State.