residing east of that are now, or may hereafter be, surrendered to the United the Mississippi, desirous of States, who may wish to become citizens of the United States, becoming citi- the United States do agree to give a reservation of six hunzens, to enjoy dred and forty acres of land, in a square, to include their imof 640 acres of provements, which are to be as near the centre thereof as land, &c. a reservation Free naviga practicable, in which they will have a life estate, with a reversion in fee simple to their children, reserving to the widow her dower, the register of whose names is to be filed in the of fice of the Cherokee agent, which shall be kept open until the census is taken as stipulated in the third article of this treaty. Provided, That if any of the heads of families, for whom reservations may be made, should remove therefrom, then, in that case, the right to revert to the United States. And provided further, That the land which may be reserved und this article, be deducted from the amount which has been ceded under the first and second articles of this treaty. Art. 9. It is also provided by the contracting parties, that tion of all the nothing in the foregoing articles shall be construed so as to prevent any of the parties so contracting from the free navigation of all the waters mentioned therein. waters. Cession of the Doublehead Art. 10. The whole of the Cherokee nation do hereby cede reservations of to the United States all right, title, and claim, to all reservations made to Doublehead and others, which were reserved to them by a treaty made and entered into at the city of Washington, bearing date the seventh of January, one thousand eight hundred and six.* and others, to the U. States. (* Ante, No. 8, of this chapter.) Boundary lines, under the 1st, 2d, and 5th articles, to be run by commis sioners. The United Art. 11. It is further agreed that the boundary lines of the lands ceded to the United States by the first and second articles of this treaty, and the boundary line of the lands ceded by the United States in the fifth article of this treaty, is to be run and marked by a commissioner or commissioners appointed by the president of the United States, who shall be accompanied by such commissioners as the Cherokees may appoint; due notice thereof to be given to the nation. Art. 12. The United States do also bind themselves to prevent intruders vent the intrusion of any of its citizens within the lands ceded until the trea- by the first and second articles of this treaty, until the same shall y is ratified, be ratified by the president and senate of the United States, and duly promulgated. &c. This treaty to take effect as Art. 13. The contracting parties do also stipulate that this soon as rati- treaty shall take effect and be obligatory on the contracting parfied, ties so soon as the same shall be ratified by the president of the United States, by and with the advice and consent of the senate of the United States. In witness of all and every thing herein determined, by and between the before recited contracting parties, we have, in full and open council, at the Cherokee Agency, this eighth day of July, A. D. one thousand eight hundred and seven teen, set our hands and seals. Richard Brown, his x mark, Walter Adair, James Brown, Kelachule, his x mark, Sour Mush, his x mark, Chickasautchee, his x mark, The Bark of Chota, his x mark, Young Davis, his.x mark, Ja. Martin, John M'Intosh, his x mark, Katchee of Cowee, his x mark, White man killer, his x mark. ARKANSAS CHIEFS. Toochalar, his x mark, Cession of Cherokees. No. 14. Articles of a convention made between John C. Calhoun, Secretary of War, being specially authorized therefor by the president of the United States, and the undersigned chiefs and head men of the Cherokee nation of Indians, duly authorized and empowered by said nation, at the city of Washington, on the twenty-seventh day of February, in the year of our Lord one thousand eight hundred and nineteen. Whereas a greater part of the Cherokee nation have expressed an earnest desire to remain on this side of the Mississippi, and being desirous, in order to commence those measures which they deem necessary to the civilization and preservation of their nation, that the treaty between the United States and them, signed the eighth of July, eighteen hundred and seventeen, might, without further delay, or the trouble or expense of taking the census, as stipulated in the said treaty, be finally adjusted, have offered to cede to the United States a tract of country at least as extensive as that which they probably are entitled to under its provisions, the contracting parties have agreed to and concluded the following articles: * Art. 1. The Cherokee nation cedes to the United States all lands by the of their lands lying north and east of the following line, viz: Beginning on the Tennessee river, at the point where the Cherokee boundary with Madison county, in the Alabama territory, joins the same; thence, along the main channel of said riv er, to the mouth of the Highwasseé; thence, along its main channel, to the first hill which closes in on said river, about two miles above Highwassee Old Town; thence, along the ridge which divides the waters of the Highwassee and Little Tellico, to the Tennessee river, at Tallasee; thence, along the main channel, to the junction of the Cowee and Nanteyalee; thence, along the ridge in the fork of said river, to the top of the Blue Ridge; thence, along the Blue Ridge, to the Unicoy Turnpike Road; thence, by a straight line, to the nearest main source of the Chestatee; thence, along its main, channel, to the Chatahouchee; and thence to the Creek boundary; it being understood that all the islands in the Chestatee, and the parts of except Jolly's, belong to the the Tennessee and Highwassee, (with the exception of Jolly's Cherokees. Island in the Tennessee, near the mouth of the Highwassee,) Reservations, which constitute a portion of the present boundary, belong to &c. ceded to the Cherokee nation; and it is also understood, that the reserschool fund. vations contained in the second article of the treaty of Tellico, (Ante, No. signed the 25th October, eighteen hundred and five,* and a 6 of this chap.) tract equal to twelve miles square, to be located by commenc ing at the point formed by the intersection of the boundary line of Madison county, already mentioned, and the north bank of the Tennessee river; thence, along the said line, and up the said river twelve miles, are ceded to the United States, in trust for the Cherokee nation as a school fund; to be sold by the United States, and the proceeds vested as is hereafter provided in the fourth article of this treaty; and also, that the Islands, &c. the U. S. as a The lands rights vested in the Unicoy Turnpike Company, by the Chero-Rights vested in the Unicoy kee nation, according to certified copies of the instruments se- Turnpike curing the rights, and herewith annexed, are not to be affected company not by this treaty; and it is further understood and agreed by the to be affected. said parties, that the lands hereby ceded by the Cherokee na- hereby ceded tion, are in full satisfaction of all claims which the United are in full saStates have on them, on account of the cession to a part of their tisfaction. nation who have or may hereafter emigrate to the Arkansaw; and this treaty is a final adjustment of that of the eighth of July, eighteen hundred and seventeen. Art. 2. The United States agree to pay, according to the The U. S. to stipulations contained in the treaty of the eighth of July, pay for imeighteen hundred and seventeen, for all improvements on ceded lands. land lying within the country ceded by the Cherokees, which add real value to the land, and do agree to allow a reservation of six hundred and forty acres to each head of any Indian fami- 640 acres to ly residing within the ceded territory, those enrolled for the each head of a family, choosArkansaw excepted, who choose to become citizens of the ing to become United States, in the manner stipulated in said treaty, citizens. each person Art. 3. It is also understood and agreed by the contracting 640 acres, in parties, that a reservation, in fee simple, of six hundred and fee simple, to forty acres square, with the exception of Major Walker's, on the list anwhich is to be located as is hereafter provided, to include their nexed to this improvements, and which are to be as near the centre thereof treaty, except Maj. Walker, as possible, shall be made to each of the persons whose names are inscribed on the certified list annexed to this treaty, all of whom are believed to be persons of industry, and capable of managing their property with discretion, and have, with few exceptions, made considerable improvements on the tracts reserved. The reservations are made on the condition, that those months, to the for whom they are intended shall notify, in writing, to the agent for the Cherokees, of agent for the Cherokee nation, within six months after the rati- the intention fication of this treaty, that it is their intention to continue to to continue to reside permanently on the land reserved. Notification, within six reside. The reservation for Lewis Ross, so to be laid off as to in- Reservations clude his house, and out buildings, and ferry adjoining the for Lewis Cherokee agency, reserving to the United States all the pub Ross, lic property there, and the continuance of the said agency where it now is, during the pleasure of the government; and Major Walker's, so as to include his dwelling house and ferry: Maj. Walker's for Major Walker an additional reservation is made of six hun- reservations. dred and forty acres square, to include his grist and saw mill; the land is poor, and principally valuable for its timber. In addition to the above reservations, the following are made, in fee Additional resimple; the persons for whom they are intended not residing on the same: To Cabbin Smith, six hundred and forty acres, To Cabbin to be laid off in equal parts, on both sides of his ferry on Tellico, Smith. commonly called Blair's ferry; to John Ross, six hundred and To John Ross. forty acres, to be laid off so as to include the Big Island in Ten servations, Ross. Morgan. To George Harlin. nessee river, being the first below Tellico-which tracts of land were given many years since, by the Cherokee nation, to them; To Mrs. Eliza to Mrs. Eliza Ross, step daughter of Major Walker, six hundred and forty acres square, to be located on the river below and To Margaret adjoining Major Walker's; to Margaret Morgan, six hundred and forty acres square, to be located on the west of, and adjoining, James Riley's reservation; to George Harlin, six hundred and forty acres square, to be located west of, and adjoining the reservation of Margaret Morgan; to James Lowry, six hundred and forty acres square, to be located at Crow Mocker's old place, at the foot of Cumberland mountain; to Susannah Lowry, six hundred and forty acres, to be located at the Toll Bridge on Battle Creek; to Nicholas Byers, six hundred and forty acres, including the Toqua Island, to be located on the north bank of the Tennessee, opposite to said Island. To James To Susannah The reservations, to be sold, and the proceeds vested in stock. Art. 4. The United States stipulate that the reservations, and the tract reserved for a school fund, in the first article of this treaty, shall be surveyed and sold in the same manner, and on the same terms, with the public lands of the United States, and the proceeds vested, under the direction of the president of the United States, in the stock of the United States, or such other stock as he may deem most advantageous to the Cherokee Interest on the nation. The interest or dividend on said stock, shall be applistock to be applied to the ed, under his direction, in the manner which he shall judge purposes of best calculated to diffuse the benefits of education among the Cherokee nation on this side of the Mississippi. education, &c Boundary lines to be run by commissioners. Leases under July, 1817, void. Art. 5. It is agreed that such boundary lines as may be necessary to designate the lands ceded by the first article of this treaty, may be run by a commissioner or commissioners, to be appointed by the president of the United States, who shall be accompanied by such commissioners as the Cherokees may aptreaty of 8th point, due notice thereof to be given to the nation; and that the leases which have been made under the treaty of the eighth of July, eighteen hundred and seventeen, of land lying within the (Ante, No. 13 of this chap.) portion of country reserved to the Cherokees, to be void; and White intru- that all white people who have intruded, or may hereafter inders to be re- trude, on the lands reserved for the Cherokees, shall be removed by the United States, and proceeded against according to the provisions of the act passed thirtieth March, eighteen hundred and two, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.* moved. Division of an nuity to the tion. Art. 6. The contracting parties agree that the annuity to Cherokee na- the Cherokee nation shall be paid, two-thirds to the Cherokees east of the Mississippi, and one-third to the Cherokees west of that river, as it is estimated that those who have emigrated, and who have enrolled for emigration, constitute one-third of the whole nation; but, if the Cherokees west of the Mississippi * See this act among the laws following the treaties in this volume. If the Chero kees west of |