- Collection:
- Southeastern Native American Documents, 1730-1842
- Title:
- Form of [a] treaty [between the Cherokee Nation and the United States], 1835[?]
- Publisher:
- Manuscript held by the The Tennessee State Library and Archives, Nashville, TN, State Library Cherokee Collection, box 3, folder 4, document ch063.
- Date of Original:
- 1835
- Subject:
- Cherokee Indians--Treaties
Cherokee Indians--Relocation - Location:
- United States, Southern States, 33.346678, -84.119434
- Medium:
- treaties
- Type:
- Text
- Format:
- text/html
image/jpeg - Description:
- Copy of a treaty form for negotiations between the Cherokee Nation and the United States. The treaty pertains to the removal of the Cherokees east of the Mississippi River. The treaty articles listed detail payment for land, improvements, and loss of crops and release of Cherokees who have been seized, as well as the logistics of emigrating. The date 1838 which appears on the treaty form is dubious in light of historical record.
Digital image and encoded transcription of an original manuscript, scanned, transcribed and encoded by the University of Tennessee, Knoxville Libraries in 2000, as part of GALILEO, funded in part by a grant from the Institute of Museum and Library Services. - Local Identifier:
- ch063
- External Identifiers:
- Metadata URL:
- https://dlg.usg.edu/record/dlg_zlna_ch063
- Digital Object URL:
- https://dlg.usg.edu/record/dlg_zlna_ch063#item
- IIIF manifest:
- https://dlg.usg.edu/record/dlg_zlna_ch063/presentation/manifest.json
- Language:
- eng
- Bibliographic Citation (Cite As):
- Cite as: [title of item], State Library Cherokee Collection, The Tennessee State Library and Archives, Nashville, TN, presented in the Digital Library of Georgia
- Extent:
- 4 pages/leaves
- Holding Institution:
- Tennessee State Library and Archives
- Rights:
-
Page: [1]
Whereas it has become expedient, under existing circumstances, that the United States should be released from various treaty [added text: oaths ] solemnly guaranteeing to the Cherokee nation of Indians protection forever in the lands of the said nation, east of the Mississippi, -- provided, [deleted text: that we ] in effecting this release, such conditions can be secured as will bring about the transfer of the aforesaid Cherokee lands to the United States, "peaceably and on reasonable terms," --
Now, Therefore, [blank on page] duly authorised [authorized] and empowered to treat with the Cherokees east of the Mississippi, and John Ross, [blank on page] duly authorised [authorized] and empowered by the Cherokee nation, in general council assembled, have entered into, agreed upon, and concluded, the following articles of a Treaty of cession and removal, this [blank on page] day of [blank on page],
1838.
Article 1. - The Cherokee nation of Indians, upon the conditions hereinafter expressed, do hereby cede, relinquish and convey to the United States of North America, all their right and title to all the lands owned, claimed and possessed by them, including the unsold lands reserved by them for a school fund, east of the Mississippi river.
Article [deleted text: [illegible text] ] 2. - The sum of [blank on page] is to be paid by the United States, in full for the cession [added text: forever ] to the Said United States, of the Cherokee country east of the Mississippi:
Article 3. - The said sum of [blank on page] and all other sums, arising under this Treaty, are to be paid to the Cherokee nation, and to be subject to the controul [control] and disposition of its regularly constituted authorities:
Article 4. - a sum of [blank on page] shall be seperately [separately] allowed on the part of the United States, to indemnify the Cherokees for all property destroyed and for all other claims of any and every description against the United States, for which the United States is already liable under
Page: [2]
former Treaties.
Article 5. -- A Sum of [blank on page] shall be further allowed by the United States, to cover all the expences [expenses] of removal from the Cherokee country, which removal is to be effected under the management of the Cherokee nation:
Article 6. A patent in fee simple shall be given by the United States to the Cherokee nation, for all the land wh [edge of document] has been previously assigned and exchanged for, under former Treaties:
Article 7. All improvements belonging to [deleted text: the ] Cherokees east of the Mississippi shall be assessed by agents nominated by the Cherokee delegation and approved by the Secretary of War, and shall be paid for by the Cherokees out of the sum paid by the United States for the cession of the Cherokee country:
Article 8. The Cherokee nation will complete their entire withdrawal from the Cherokee country, on or before the expiration of two years from the ratification of the present Treaty:
Article 9. The United States will protect the Cherokee nation, according to the stipulations under former Treaties, until the removal of the whole nation, [added text: as here agreed upon ] shall be compleated [completed] :
Article 10. To prevent, as far as may come within their power, any difficulties with the State of Georgia, the Cheroke [edge of document] will undertake entirely to quit that state, on or before the expiration of [blank on page] from the ratification of this Treaty; -- with the full understanding [deleted text: that ] and engagement [deleted text: that ] [added text: on the part of ] the United States, that an allowance [deleted text: [illegible text] ] [added text: shall be made to such ] Cherokees as [deleted text: [illegible text] ] [added text: I will ] within the limits claimed by Georgia, [deleted text: of ] for the loss of their present crops, according to the value of each respective crop, and a sum of per head, for subsistence elsewhere, upon the vacant
Page: [3]
the vacant lands of their country, until they can finally remove, according to their stipulation; or, provided [deleted text: [illegible text] ] claimants to the lands in Georgia, shall prefer to allow them, or any of them, to remain in their present abodes, till they can finally remove from the Cherokee Country, the United States will allow the Georgia claimants to the respective residence, thus occupied, the sum of [blank on page] per acre as rental, for the remainder of the term during which the Cherokees shall retain the occupancy, under the conditions of the treaty:
Article 12. All Cherokees who have been seized and imprisoned under the laws of the adjoining States, are to be released by the respective state, and allowed to remove with the rest of the nation and upon the same conditions.
Page: [4]
Form of Treaty
1835.
from Ross Papers
March 8, 1930.