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CHEROKEES.

[CONCLUDED MARCH 22, 1816.]

Articles of a treaty made and concluded at the city of Washington, on the twenty-second day of March, one thousand eight hundred and sixteen, between George Graham, being specially authorized by the President of the United States thereto, and the undersigned chiefs and head men of the Cherokee nation, duly authorized and empowered by the said nation.

ART. 1. Whereas the executive of the State of South Carolina, has made an application to the President of the United States to extinguish the claim of the Cherookee nation, to that part of their lands which lie within the boundaries of the said State, as lately established and agreed upon between that State and the State of North Carolina; and as the Cherokee nation is disposed to comply with the wishes of their brothers of South Carolina, they have agreed and do hereby agree, to cede to the State of South Carolina, and forever quit claim to the tract of country contained within the following bounds, viz: Beginning on the east bank of the Chattuga river, where the boundary line of the Cherokee nation crosses the same, running thence with the said boundary line to a rock on the blue ridge, where the boundary line crosses the same, and which rock has been lately established as a corner to the States of North and South Carolina, running thence south, sixty-eight and a quarter degrees, west, twenty miles and thirty-two chains, to a rock on the Chattuga river, at the thirty-fifth degree of north latitude, another corner of the boundaries agreed upon by the States of North and South Carolina, thence down and with the Chattuga to the beginning.

ART. 2. For and in consideration of the above cession, the United States promise and engage that the State of South Carolina shall pay to the Cherokee nation, or its accredited agent, the sum of five thousand dollars within ninety days after the President and Senate shall have ratified this treaty: Provided, that the Cherokee nation shall have sanctioned the same in council: and provided also that the executive of the State of South Carolina, shall approve of the stipulations contained in this article.

In testimony whereof, the said commissioner, and the undersigned chiefs and head men of the Cherokee nation, have hereto set their hands and seals.

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Articles of a convention made and entered into between George Graham, specially authorized thereto by the President of the United States, and the undersigned chiefs and head men of the Cherokee nation, duly authorized and empowered by the said nation.

ART. 1. Whereas doubts have existed in relation to the northern boundary of that part of the Creek lands lying west of the Coosa river, and which were ceded to the United States by the treaty held at fort Jackson, on the ninth day of August, one thousand eight hundred and fourteen; and whereas by the third article of the treaty, dated the 7th of January, one thousand eight hundred and six, between the United States and the Cherokee nation, the United States have recognized a claim on the part of the Cherokee nation to the lands south of the big bend of the Tennessee river, and extending as far west as a place on the waters of Bear creek, (a branch of the Tennessee river) known by the name of the Flat Rock, or stone: it is, therefore, now declared and agreed, that a line shall be run from a point on the west bank of the Coosa river, opposite to the lower end of the ten islands in said river, and above fort Strother, directly to the Flat Rock or stone, on Bear creek, (a branch of the Tennessee river:) which line shall be established as the boundary of the lands ceded by the Creek nation to the United States by the treaty held at fort Jackson on the ninth day of August, one thousand eight hundred and fourteen, and of the lands claimed by the Cherokee nation, lying west of the Coosa and south of the Tennessee rivers.

ART. 2. It is expressly agreed, on the part of the Cherokee nation, that the United States shall have the right to lay off, open and have the free use of such road or roads, through any part of the Cherokee nation, lying north of the boundary line now established, as may be deemed necessary for the free intercourse between the States of Tennessee and Georgia, and the Mississippi territory. And the citizens of the United States shall freely navigate and use, as a highway, all the rivers and waters within the Cherokee nation. The Cherokee nation further agree, to establish and keep up, on the roads to be opened under the sanction of this

article, such ferries and public houses as may be necessary for the accommodation of the citizens of the United States.

ART. 3. In order to preclude any dispute hereafter, relative to the boundary line now established, it is hereby agreed that the Cherokee nation shall appoint two commissioners to accompany the commissioners already appointed on the part of the United States, to run the boundary lines of the lands ceded by the Creek nation to the United States, while they are engaged in running that part of the boundary established by the first article of this treaty.

ART. 4. In order to avoid unnecessary expense and delay, it is further agreed, that whenever the President of the United States may deem it expedient to open a road through any part of the Cherokee nation, in, pursuance of the stipulations of the second article of this convention, the principal chief of the Cherokee nation, shall appoint one commissioner to accompany the commissioners appointed by the President of the United States, to lay off and mark the road; and the said commissioner shall be paid by

the United States.

ART. 5. The United States agree to indemnify the individuals of the Cherokee nation for losses sustained by them in consequence of the march of the militia and other troops in the service of the United States, through that nation; which losses have been ascertained by the agents of the United States to amount to twentyfive thousand five hundred dollars.

In testimony whereof, the said commissioner and the undersigned chiefs and head men of the Cherokee nation, have hereunto set their hands and seals. Done at the city of Washington, this twenty-second day of March, one thousand eight hundred and sixteen.

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SACS OF ROCK RIVER.

[CONCLUDED MAY 13, 1816. ]

A treaty of peace and friendship made and concluded between William Clark, Ninian Edwards, and Auguste Chouteau, commissioners plenipotentiary of the United States of America, on the part and behalf of the said States, of the one part, and the undersigned chiefs and warriors of the Sacs of Rock river and the adjacent country, of the other part.

Whereas by the ninth article of the treaty of peace, which was concluded on the twenty-fourth day of December, eighteen hundred and fourteen, between the United States and Great Britain, at Ghent, and which was ratified by the President, with the advice and consent of the Senate, on the seventeenth day of February, eighteen hundred and fifteen, it was stipulated that the said parties should severally put an end to all hostilities with the Indian tribes, with whom they might be at war, at the time of the ratification of said treaty; and to place the said tribes inhabiting their respective territories, on the same footing upon which they stood before the war: Provided, they should agree to desist from all hostilities against the said parties, their citizens or subjects respectively, upon the ratification of the said treaty being notified to them, and should so desist accordingly.

And whereas the United States being determined to execute every article of the treaty with perfect good faith, and wishing to be particularly exact in the execution of the article above alluded to, relating to the Indian tribes: The President, in consequence thereof, for that purpose, on the eleventh day of March eighteen hundred and fifteen, appointed the undersigned William Clark, governor of Missouri territory, Ninian Edwards, governor of Illinois territory, and Auguste Chouteau, esq. of the Missouri terri-. tory, commissioners, with full power to conclude a treaty of peace and amity with all those tribes of Indians, conformably to the stipulations contained in the said article, on the part of the United States, in relation to such tribes.

And whereas the commissioners, in conformity with their instructions in the early part of last year, notified the Sacs of Rock river, and the adjacent country, of the time of the ratification of said treaty; of the stipulations it contained in relation to them; of the disposition of the American government to fulfil those stipulations, by entering into a treaty with them, conformably thereto; and invited the said Sacs of Rock river, and the adjacent country, to send forward a deputation of their chiefs, to meet the said commissioners at Portage des Sioux, for the purpose of concluding such a treaty as aforesaid, between the United States and the said Indians, and the said Sacs of Rock river, and the adjacent

country, having not only declined that friendly overture, but having continued their hostilities, and committed many depredations thereafter, which would have justified the infliction of the severest chastisement upon them; but having earnestly repented of their conduct, now imploring mercy, and being anxious to return to the habits of peace and friendship with the United States; and the latter being always disposed to pursue the most liberal and humane policy towards the Indian tribes within their territory, preferring their reclamation by peaceful measures, to their punishment, by the application of the military force of the nation-Now therefore, The said William Clark, Ninian Edwards, and Auguste Chouteau, commissioners as aforesaid, and the undersigned chiefs and warriors, as aforesaid, for the purpose of restoring peace and friendship between the parties, do agree to the following articles:

ART. 1. The Sacs of Rock river, and the adjacent country, do hereby unconditionally assent to recognize, re-establish, and confirm the treaty between the United States of America and the united tribes of Sacs and Foxes, which was concluded at St. Louis, on the third day of November, one thousand eight hundred and four; as well as all other contracts and agreements, heretofore made between the Sac tribe or nation, and the United States.

ART. 2. The United States agree to place the aforesaid Sacs of Rock river, on the same footing upon which they stood before the war; provided they shall, on or before the first day of July next, deliver up to the officer commanding at cantonment Davis, on the Mississippi, all the property they, or any part of their tribe, have plundered or stolen, from the citizens of the United States, since they were notified, as aforesaid, of the time of the ratification of the late treaty between the United States and Great Britain. ART. 3. If the said tribe shall fail or neglect to deliver up the property aforesaid, or any part thereof, on or before the first day of July aforesaid, they shall forfeit to the United States all right and title to their proportion of the annuities which, by the treaty of St. Louis, were covenanted to be paid to the Sac tribe; and the United States shall forever afterwards be exonerated from the payment of so much of said annuities as, upon a fair distribution, would fall to the share of that portion of the Sacs who are represented by the undersigned chiefs and warriors.

ART. 4. This treaty shall take effect and be obligatory on the contracting parties, unless the same shall be disapproved by the President and Senate of the United States, or by the President only and in the mean time all hostilities shall cease from this date.

In testimony whereof, the said William Clark, Ninian Edwards, and Auguste Chouteau, commissioners as aforesaid, and the undersigned chiefs and warriors as aforesaid, have hereunto set their hands and affixed their seals, this thirteenth day of May, one thousand eight hundred and sixteen.

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