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Instructions to the U. S. Commissioners to Hold a Treaty with the Cherokee Indians in
1822. --





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Depmt [Department] of War

15th June 1822
Sirs,
I enclose you a commission to treat with the Cherokee Indians. The sum of $30,000 has been appropriated for the purpose of holding treaties with the Cherokee and Creek Indians for the extinguishment of their title to lands within the State of Georgia; but as it is believed, that this sum would not be adequate to treat with success with both nations, and as a former appropriation for the same object was nearly all expended in holding a treaty with the Creek nation, it has been determined by the President, to apply the present appropriation, in the first instance, to holding a treaty with the Cherokee nation. The President confiding in your prudence that not more will be spent than what is absolutely necessary to effect the object of the appropriation, has placed the whole amount of it, with the unexpected balance of the former appropriation above referred to, (which together make a sum of $34,989.57-) subject to your control in treating with the Cherokees, and you will take care so to make your arrangements, that the whole amount to be spent in the negociation [negotiation], including the expenses of your


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Commission, issues of provisions to the Indians under your orders, presents to them, and such preliminary expenses as the agent may be authorized to incur, shall not exceed in any event that sum. The principal article of expense will probably be the issue of provisions to the Indians while treating with them, as it is usual for the greater part of the nation to assemble on such occasions. The probable amount of provisions which may be required, and the price at which it can be obtained, can be ascertained by a correspondence with the Agent, Col: R. J Meigs, who has been instructed to obey your orders on all points connected with the proposed treaty, and to take such steps as he may judge best calculated to prepare the Cherokees for it. The enclosed circular will be complied with in contracting for the provisions and in issuing them; to which, as there has in some instances been great irregularity, I particularly call your attention [document damaged] The sum to be stipulated for any cession which may be made, must be left very much to your sound discretion, taking into consideration the extent and quality of the country to be ceded; but in no event is the sum to be given as the purchase money to exceed $200,000 to be paid in installments, precisely in the same manner as in the late Creek treaty; nor must the price exceed


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that given in that purchase taking into consideration the quantity and quality of the land to be purchased. The quantity of land ceded by the Creeks in the late treaty may be ascertained from the archives of Georgia, as it is understood it has been surveyed by the State. To ascertain the quantity of land which may be proposed to be ceded by the Cherokees, [document damaged] ference must be had to the best sources of information [document damaged] hat can be obtained, particularly to such maps as are deemed most authentic. The particular portion of the country to be treated for, is left to your sound discretion.
If Commissioners should be appointed by the State of Georgia, as appears by the resolution of the Legislature to be the intention, to claim property of the citizens of that State; under the provisions of the treaty of Augusta, Hopewell, Holston and Philadelphia, the Governor will be requested to inform you of their names and residence; and you will correspond with them and notify them of the time and place of holding the proposed treaty. You will cooperate with them in the fullest manner, in promoting to the extent of your powers the interests and views of the State. If the Commissioners of Georgia should be able to effect an arrangement with the Cherokees in relation to the claims above referred to, similar to that effected with the Creeks


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at the late treaty with them, for like claims, you will insert in the treaty which you may conclude with the Cherokees, a provision upon the subject to the same effect with that inserted in the treaty with the Creeks; the amount, however, to be stipulated to be paid by the U States, on account of the claims of Georgia against the Cherokees, is not in any event to exceed $89,000, to be paid in five annual instalments [installments], as in the Creek treaty before mentioned, and of which an extract is enclosed.
You will observe by the enclosed papers that it is the desire of the Legislature of Georgia that the title to the reservations of land within that state, under the treaties with the Cherokee Indians of
1817 &
1819, should be extinguished, and that the governor has been informed, that in case an appropriation should be made by Congress for holding a treaty with the Cherokees, the Commissioners would be charged to attend to that subject. You will accordingly take such steps as you may deem proper, either by yourself or by the appointment of a special agent for that purpose, to procure from the present owners a conveyance of their title to all such reservations, a list of which is enclosed. The price to be given for such conveyance not to exceed


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two dollars, per acre, with a reasonable allowance for the improvements that may have been made on the lands. The conveyance to be made to the State of Georgia.
For the expense of negociating [negotiating] the Treaty, you will draw on the Bank of Darien, of which you will give the Department information. The Bank will be authorized by the Treasury Department to accept your drafts, provided they do not exceed $34,989.57. --
Your compensation will be at the rate of $8 per diem for the time actually engaged, and the Secretary to the Commission, whom you are authorized to appoint, at the rate of $5 per diem for the time actually engaged. The payment will be on your Certificate of honor, specifying the time that you and the Secretary have been actually engaged.
Your Certificate in like manner will be a necessary voucher for the presents distributed under your authority. The treaty when made will be forwarded to this Department.
I have the honor to be yr. ob. sv [your obedient servant] (Signed)
[Signed] J. [John] C. Calhoun
Genl [General] John Floyd Maj. Freeman Walker Hon. John A Cuthbert Commrs [Commissioners] & [illegible text]





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Instructions from the "Department of War" to the U.S. Commissioners to hold a Treaty with the Cherokee Indians dated
15 June 1822.

Treaty
1822