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Cherokee Agency
May 20th 1818
At a meeting of the Chiefs headmen and warriors of the Cherokee Nation of [document damaged] [illegible text] by Col. Meigs at the request of [document damaged] Excellency Governor McMinn [added text: under instructions from the war Department ] at the counsel [document damaged] at this place. By order of his Excellency James C. Mitchell Esquire was appointed Secretary to the Governor during the Continuance of the ass [document damaged: em ] bly. Who proceeded to the duties of his office; and there not having convened a sufficient number of [illegible text] to proceed to Business Council Adjourned untill [until] to morrow [tomorrow] .

May the 21st 1818 Met and adjourned until to morrow [tomorrow] .

Friday May the 22d [22nd] 1818
The Chiefs &c [et cetera] having Assembled in the Council House
The Chiefs represented to his Excellency that they had brought with them a considerable [document damaged]


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of young men and Boys for the purpose of Obtaining arms agreeable to the promise made to the Arkansas Delegation by their Father the President of Washington City last winter and which is also contained in the Presidents Speech addressed to said Delegation.
They also stated that they wanted the terms of the treaty so varied that the women should draw the Kettles and Blankets Stipulated to be given to the poor warriors.
To which his Excellency made the following reply

"Friends and Brothers Your request relative to furnishing the young men and Boys with arms is founded upon the highest authority known to the American Government and shall be attended to with cheerfulness and promtitude [promptitude] Notwithstanding the power and Authority with which I am invested on this point is indeffinite [indefinate] as relates to age or size: You must permit me to exercise that Authority with an eye to the interest of my Government as well as that of yours and I do assure you that an unbiased discretion shall be my Guide.
I will select one from a [document damaged]


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Those young men and Boys whose height shall be marked on the doorpost of the United States Store House as a standard: and it must be distinctly understood that no guns will be furnished to any whose hight [height] shall fall below the standard measure nor will any Blankets or Kettles be furnished to Boys under this arrangement but will be kept in reserve for the widows & children you have just now brought into view. Too [To] whose wants I am authorized by your Father the President to make adequate Provision. But as to withholding the Kettles and Blankets from the poor warriors, it can not [cannot] be granted they are secured to them by the 6th Article of the late Treaty which must be regarded in the most solemn manner and let it be remembered that the Guns given to the Boys and the Kettles and Blankets given to the widows and Children form no part of the Treaty, but are presents made to your people as a sure mark of your Fathers Goodness and friendship toward the red people"

With which reply of his Excellency the Council appeared to be much pleased


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Saturday
May the 23d [23rd] 1818
The council met and Adjourned
Monday
May the 25th 1818 The Chiefs headmen and warriors having met in the Council House and the meeting having been announced by [unclear text: fireing [firing] ] the [unclear text: Cannon ]
His Excellency met them in the Open council and explained to them the cause of calling them together at this time in an [unclear text: apt ] and an appropriate introductory address. Among other things he stated: by the terms of the Treaty the sensus [census] of the whole Nation is to be taken in the month of
June next as [added text: well ] those who reside on the Arkansas as those who reside on the East of the Mississippi; and that he wished to have this talk over in time for them to return to their respective houses before the Arrival of the Period at which the sensus [census] is to be taken, when you are at your houses My Brothers (he added) a correct account can be taken of your numbers, and the opportunity at least is not so great for the comission [commission] of Errors in taking the


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Sensus [Census] and more accuracy can be Observed than in any other situation in which you can be placed, and I hope my Red Brothers (he added) that the course I have taken will be entirely satisfactory to you to which they all nodded assent
His Excellency then proceeded to read to the Council the Address of the President of the United States to General [unclear text: Talentisky ] and Others of the Arkansas Delegation at Washington City
last march Viz "

To General Talentisky Chiefs and warriors of the Cherokee Nation of the Arkansas Country
My Friends and Children I am very glad to see you when we are face to face we can understand the wishes and intentions of each other without any danger of mistake I have long known your Friendship for the white people and it is my wish to make you and your Nation happy The Country you gave us is a good Country and it is near and convenient to us and I


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shall in return act generous towards you and endeavour [endeavor] to make you happy in your new homes on the Arkansas. I have not yet obtained the lands lying up that River to the west of your settlement I will give instructions to Governor Clark to hold a Treaty with the Quapaws this Summer in order to purchase them and when purchased I will direct them to be laid off for you. It is my wish that you should have no limits to the west so that you may have good will seats plenty of [unclear text: game ] and not be surrounded by the white people.
It is better for you and us, that all of the Cherokees should go to the Arkansas. We should be then kept more apart and bad people would not have the power to excite quarrels between us. If however any should choose to remain I will treat them with Justice.
I know you will not have food for the first year to feed yourselves and the emigrants who will join you. I will endeavour [endeavor] to supply you with as much corn as you may want and


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as the Country abounds in game you must Obtain meat with your Rifles --
Governor McMinn will [added text: be ] instructed to furnish Guns to such as may need them, and to give any aid to those who may chose to emigrate.
I will not forget my red Children because they are far off. I will still remember you. It is my wish to make you prosperous and happy in your new homes; and if you will at any time make known to me your wishes, I will attend to them.
Signed by the President.
"
His Excellency very satisfactorily explained to the Council, those parts of the above address which they did not understand; and among other things (he added) that this address was intended by their Father the President to apply to the whole Nation though delivered to the Arkansas Delegation. That the President of the United States knew nor recognized no Division of the Cherokee Nation; nor will any division be noticed by your Father the President untill [until] the Enumeration is taken and the Annuities apportioned between the


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Arkansas and those who may remain East of the Mississippi.
His Excellency then proceeded to read the Treaty as ratified by the President and the Senate of the United States; and explained to them such parts as he had been advised they did not understand requesting them to ask or propound any question growing out of the Treaty that might facilitate its illucidation [elucidation], hoping (he added) that none would leave this place without an expression of their minds upon any clause or article of the Treaty they did not clearly understand; as it would give him the greatest pleasure to remove any obsticles [obstacles] that lay in the way of a plain and correct understanding of the Treaty.
Amongst others of less importance Walter Adair (one of the natives) propounded the follow questions (to wit) 1st are any persons or person entitled by the Treaty to reservation Except the head of an Indian Family. 2ndly If a person who has taken a reservation removes to any other part of the Old Nation


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will the land reserved revert to the United States in the same manner as if he were to remove to the Arkansas. 3rdly with whom will persons taking reservations be Enumerated with those who remain in the Old Nation or those who remove to the Arkansas. (These questions grew out of the 3rd and eighth Articles of the Treaty)
To which interogatories [interrogatories] his Excellency made the following answers -- To the 1st he ans [document damaged: wer ] ed negatively, that none were entitled to take reservation under the treaty but the heads of Indian families. The second question he answered in the affirmative that a removal from the land reserved would be by the terms of the Treaty an abandonment of [document damaged] To the third question he answered, that he conceived those taking reservations ought not to be Enumera [document damaged: ted ] with either, as it is upon the express condition [deleted text: of becoming of ] becoming Citizens that they are authorized to take reservations; and of course can not [cannot] belong to the Ark [document damaged: an ] sas or the Old Nation; whence then the reason for Enumerating them with either. And supose [suppose] there are of


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the Old Nation 5000 who wish to remain East of the Mississippi and 5000 of the Arkansas and 440 persons who have taken reservations. Place these reserves on part of the Arkansas, and when the division of the land takes place you will be leasing the quantity of land allowed to those reserves more than is right out of the Old Nation. On the other hand suppose them added to the Old Nation to be Enumerated: you will be taking from the United States a like quantity of Land, which in my opinion [added text: (he added) ] would be extremely unjust in either case and contrary to what ever was contemplated by the Treaty. Therefore taking it upon every ground upon which it could be placed, he was of Opinion that they ought not to be Enumerated with either.
The treaty having been read and explained throughout the Council adjourned to meet to morrow [tomorrow] of the usual signal
Tuesday
May the 26th 1818
His Excellency [added text: met ] the Chiefs and warriors in the


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council House according to Adjournment.
Thomas Foreman a native stated that he did not believe that the Cherokees had a right to take reservations until the Enumeration is taken To which his Excellency Answered that it would give him great pleasure at any time to answer any question that might be asked upon any point growing out of the treaty that might appear ambiguous or difficult, But that he conceived the suggestion of Mr. Foreman as [unclear text: aimed ] at the treaty essentially, and requiring no explanation
The council then adjourned until to morrow [tomorrow] at the usual signal for meeting
Wednesday
May the 27th 1818
His Excellency met the Chiefs and warriors in the Council House according to adjournment and stated to them that he would call their attention to a talk he had written to deliver to them imbracing [embracing] the most material points relative to the matter under investigation from the


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commencement of the Treaty up to this time. Which is as fallows in the succeeding sheets --