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tion or committee of twenty persons of their nation to enter into
and conclude a treaty with the United States commissioner then
present, at that place or elsewhere and as the people had good
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reason to believe that a treaty would then and there be made or
at a subsequent council at New Echota which the commissioners
it was well known and understood, were authorized and
instructed to convene for said purpose; and since the said dele-
gation have gone on to Washington city, with a view to close
negotiations there, as stated by them notwithstanding they were
officially informed by the United States commissioner that they
would not be received by the President of the United States; and
that the Government would transact no business of this nature
with them, and that if a treaty was made it must be done here in
the nation, where the delegation at Washington last winter urged
that it should be done for the purpose of promoting peace and har-
mony among the people; and since these facts have also been cor-
roborated to us by a communication recently received by the
commissioner from the Government of the United States and
read and explained to the people in open council and therefore
believing said delegation can effect nothing and since our diffi-
culties are daily increasing and our situation is rendered more
and more precarious uncertain and insecure in consequence of
the legislation of the States; and seeing no effectual way of relief,
but in accepting the liberal overtures of the United States.
And whereas Genl William Carroll and John F. Schermer-
horn were appointed commissioners on the part of the United
States, with full power and authority to conclude a treaty with
the Cherokees east and were directed by the President to con-
vene the people of the nation in general council at New Echota
and to submit said propositions to them with power and author-
ity to vary the same so as to meet the views of the Cherokees in
reference to its details.
And whereas the said commissioners did appoint and
notify a general council of the nation to convene at New Echota
on the 21st day of December 1835; and informed them that the
commissioners would be prepared to make a treaty with the
Cherokee people who should assemble there and those who did
not come they should conclude gave their assent and sanction to
whatever should be transacted at this council and the people
having met in council according to said notice.
Therefore the following articles of a treaty are agreed upon
and concluded between William Carroll and John F. Schermer-
horn commissioners on the part of the United States and the
chiefs and head men and people of the Cherokee nation in gen-
eral council assembled this 29th day of Decr 1835.
ARTICLE 1. The Cherokee nation hereby cede relinquish
and convey to the United States all the lands owned claimed or
possessed by them east of the Mississippi river, and hereby
release all their claims upon the United States for spoliations of
every kind for and in consideration of the sum of five millions
of dollars to be expended paid and invested in the manner
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stipulated and agreed upon in the following articles But as a
question has arisen between the commissioners and the Chero-
kees whether the Senate in their resolution by which they
advised that a sum not exceeding five millions of dollars be
paid to the Cherokee Indians for all their lands and possessions
east of the Mississippi river have included and made any allow-
ance or consideration for claims for spoliations it is therefore
agreed on the part of the United States that this question shall
be again submitted to the Senate for their consideration and de-
cision and if no allowance was made for spoliations that then an
additional sum of three hundred thousand dollars be allowed for
the same.
ARTICLE 2. Whereas by the treaty of May 6th 1828 and
the supplementary treaty thereto of Feb. 14th 1833 with the
Cherokees west of the Mississippi the United States guarantied
and secured to be conveyed by patent, to the Cherokee nation
of Indians the following tract of country Beginning at a point
on the old western territorial line of Arkansas Territory being
twenty-five miles north from the point where the territorial line
crosses Arkansas river, thence running from said north point
south on the said territorial line where the said territorial line
crosses Verdigris river; thence down said Verdigris river to the
Arkansas river; thence down said Arkansas to a point where a
stone is placed opposite the east or lower bank of Grand river
at its junction with the Arkansas; thence running south forty-
four degrees west one mile; thence in a straight line to a point
four miles northerly, from the mouth of the north fork of the
Canadian; thence along the said four mile line to the Canadian;
thence down the Canadian to the Arkansas; thence down the
Arkansas to that point on the Arkansas where the eastern
Choctaw boundary strikes said river and running thence with
the western line of Arkansas Territory as now defined, to the
southwest corner of Missouri; thence along the western Mis-
souri line to the land assigned the Senecas; thence on the south
line of the Senecas to Grand river; thence up said Grand river
as far as the south line of the Osage reservation, extended if
necessary; thence up and between said south Osage line
extended west if necessary, and a line drawn due west from the
point of beginning to a certain distance west, at which a line
running north and south from said Osage line to said due west
line will make seven millions of acres within the whole
described boundaries. In addition to the seven millions of acres
of land thus provided for and bounded, the United States fur-
ther guaranty to the Cherokee nation a perpetual outlet west,
and a free and unmolested use of all the country west of the
western boundary of said seven millions of acres, as far west as
the sovereignty of the United States and their right of soil
extend:
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Provided however That if the saline or salt plain on the
western prairie shall fall within said limits prescribed for said
outlet, the right is reserved to the United States to permit other
tribes of red men to get salt on said plain in common with the
Cherokees; And letters patent shall be issued by the United
States as soon as practicable for the land hereby guarantied.
And whereas it is apprehended by the Cherokees that in
the above cession there is not contained a sufficient quantity of
land for the accommodation of the whole nation on their re-
moval west of the Mississippi the United States in consideration
of the sum of five hundred thousand dollars therefore hereby
covenant and agree to convey to the said Indians, and their de-
scendants by patent, in fee simple the following additional tract
of land situated between the west line of the State of Missouri
and the Osage reservation beginning at the southeast corner of
the same and runs north along the east line of the Osage lands
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