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[CONCLUDED FEBRUARY 11, 1828-RATIFIED MAY 7, 1828.] Articles of a treaty made and concluded at the Wyandot village, near the Wabash in the State of Indiana, between John Tipton, commissioner for that purpose, on the part of the United States, and the chiefs, head men and warriors, of the Eel river, or Thornton party of Miami Indians.

ART. 1. The chiefs, head men, and warriors of the Eel river or Thornton party of Miami Indians, agree to cede, and by these presents do cede, and relinquish to the United States all their right, title, and claim to a reservation of land about ten miles square, at their village on Sugartree creek in Indiana, which was reserved to said party by the second article of a treaty between commissioners of the United States and the Miami nation of Indians, made and entered into at St. Mary's in the State of Ohio, on the sixth day of October, one thousand eight hundred and eighteen.

It is understood and agreed on by said Indians, that they will not burn or destroy the houses or fences on said reservation, and that they will leave them in as good condition as they now are; and remove to the five mile reservation on Eel river by the fifteenth day of October next.

ART. 2. The commissioner of the United States has delivered to said party of Indians, goods to the value of two thousand dollars, in part consideration for the cession herein made; and it is agreed that in case this treaty should be ratified by the President and Senate of the United States, that the United States shall pay said party an additional sum of eight thousand dollars in goods next summer, build twelve log-houses, ten on the five mile reservation, and two on the Wabash; clear and fence forty acres of land on the five mile reservation; furnish them one wagon and two yoke of oxen; furnish two hands to work three months in each year for two years; five hundred dollars worth of provisions delivered on the Wabash ; furnish them five horses, five saddles, and five bridles.

Provided, however, that if this treaty should not be ratified by the President and Senate of the United States, that said party agree

to pay for the goods this day received, two thousand dollars, to be deducted from their annuity for this present year.

ART. 3. At the request of the Indians, and in part consideration for the cession aforesaid, the United States agree to pay to Peter Langlois, one thousand dollars in silver, and three thousand dollars in goods next summer, for provisions and goods heretofore delivered to said party.

ART. 4. The United States agree to appropriate one thousand dollars per year for five years, and longer if Congress think proper, to be applied under the direction of the President, to the education of the youths of the Miami nation.

ART. 5. It is distinctly understood and agreed on by and between the contracting parties, that the President and Senate may, if they think proper, modify or expunge from this treaty, the fourth article, without affecting any other of its provisions.

ART. 6. This treaty, after the same shall be ratified by the President and Senate of the United States, shall be binding on the contracting parties.

In testimony whereof, the said John Tipton, commissioner as aforesaid on the part of the United States, and the chiefs, head men, and warriors, of said party, have hereunto set their hand and seals at the Wyandot village, near the Wabash, this eleventh day of February, in the year of our Lord one thousand eight hundred and twenty-eight.

John Tipton, Commissioner.
Ne go ta kaup wa, his x mark,
Shaw po to se aw, his x mark,
Ntah ko ke aw, his x mark,

L. S.

L. S.

L. S.

L. S.

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Ke pah naw mo aw, his x mark, Ke we kau law, his x mark, Pierrish Constant, his x mark, Aw wawn saw peau, his x mark, ATTEST: Walter Wilson, Secre

tary to the Commissioner, J. B. Duret,

Joseph Barron, Interpreters,
J. B. Boure,

Calvin Fletcher,

Saml. Hanna,

Allen Hamilton,
Jordan Vigus,
Pierre Langly,

Joseph Holman.

L. S.

L. S.

L. S.

L. S.


[CONCLUDED MAY 6, 1828-RATIFIED MAY 28, 1828.]

Articles of a convention concluded at the city of Washington this sixth day of May, in the year of our Lord one thousand eight hundred and twenty-eight, between James Barbour, Secretary of War, being especially authorized therefor by the President of the United States, and the undersigned chiefs and head men of the Cherokee nation of Indians, west of the Mississippi, they being duly authorized and empowered by their nation.


Whereas, it being the anxious desire of the government of the United States to secure to the Cherokee nation of Indians, as well those now living within the limits of the territory of Arkansas, as those of their friends and brothers who reside in States east of the Mississippi, and who may wish to join their brothers of the west, a permanent home, and which shall, under the most solemn guarantee of the United States, be and remain theirs forever-a home that shall never, in all future time, be embarrassed by having extended around it the lines, or placed over it the jurisdiction of a territory or State, nor be pressed upon by the extension, in any way, of any of the limits of any existing territory or State; and, whereas, the present location of the Cherokees in Arkansas being unfavorable to their present repose, and tending, as the past demonstrates, to their future degradation and misery; and the Cherokees being anxious to avoid such consequences, and yet not questioning their right to their lands in Arkansas, as secured to them by treaty, and resting also upon the pledges given them by the President of the United States, and the Secretary of War, of March, 1818, and 8th October, 1821, in regard to the outlet to the west, and as may be seen on referring to the records of the War Department, still being anxious to secure a permanent home, and to free themselves and their posterity from an embarrassing connexion with the territory of Arkansas, and guard themselves from such connexions in future; and, whereas, it being important not to the Cherokees only, but also to the Choctaws, and in regard also to the question which may be agitated in the future respecting the location of the latter, as well as the former, within the limits of the territory or State of Arkansas, as the case may be, and their removal therefrom; and to avoid the cost which may attend negotiations to rid the territory or State of Arkansas whenever it may become a State, of either, or both of those tribes, the parties hereto do hereby conclude the following articles, viz:

ART. 1. The western boundary of Arkansas shall be, and the same is hereby defined, viz: A line shall be run, commencing on

Red river, at the point where the eastern Choctaw line strikes said river, and run due north with said line to the river Arkansas, thence in a direct line to the southwest corner of Missouri.

ART. 2. The United States agree to possess the Cherokees, and to guarantee it to them forever, and that guarantee is hereby solemnly pledged, of seven millions of acres of land, to be bounded as follows, viz: Commencing at that point on Arkansas river, where the eastern Choctaw boundary line strikes said river, and running thence with the western line of Arkansas, as defined in the foregoing article, to the southwest corner of Missouri, and thence with the western boundary line of Missouri till it crosses the waters of Neasho, generally called Grand river, thence due west to a point from which a due south course will strike the present northwest corner of Arkansas territory, thence continuing due south, on and with the present western boundary line of the territory to the main branch of Arkansas river, thence down said river to its junction with the Canadian river, and thence up and between the said rivers Arkansas and Canadian, to a point at which a line running north and south from river to river, will give the aforesaid seven millions of acres. In addition to the seven millions of acres thus provided for and bounded, the United States further guarantee to the Cherokee nation a perpetual outlet, west, and a free and unmolested use of all the country lying west of the western boundary of the above described limits, and as far west as the sovereignty of the United States, and their right of soil extend.

ART. 3. The United States agree to have the lines of the above cession run without delay, say not later than the first of October next, and to remove immediately after the running of the eastern line from the Arkansas river to the southwest corner of Missouri, all white persons from the west to the east of said line, and also all others, should there be any there, who may be unacceptable to the Cherokees, so that no obstacles arising out of the presence of a white population, or a population of any other sort, shall exist to annoy the Cherokees-and also to keep all such from the west of said line in future.

ART. 4. The United States moreover agree to appoint suitable persons whose duty it shall be, in conjunction with the agent, to value all such improvements as the Cherokees may abandon in their removal from their present homes to the district of country as ceded in the second article of this agreement, and to pay for the same immediately after the assessment is made, and the amount ascertained. It is further agreed that the property and improvements connected with the agency, shall be sold under the direction of the agent, and the proceeds of the same applied to aid in the erection, in the country to which the Cherokees are going, of a grist and saw mill for their use. The aforesaid property and improvements are thus defined: Commence at the Arkansas river opposite William Stinnett's, and run due north one mile, thence

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