« ZurückWeiter »
ARTICLE XI. The said Indians shall give notice to the citizens of the United States, of any designs which they may know or suspect to be formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States
ARTICLE XII. That the Indians may have full confidence in the justice of the United States, respecting their interests, they shall have the right to send a deputy of their choice, whenever they think fit, to Congress.
ARTICLE XIII. The hatchet shall be forever buried, and the peace given by the United States, and friendship re-established between the said states on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friendship re-established.
A Treaty of Peace and Friend thip
Made and concluded on the second day of July, one thousand seven hundred
and ninety-one, at the Treaty Ground on the Bank of the Holston, between the President of the United States of America, on the one part, and the Chiefs and Warriors of the Cherokee Nation of Indians, on the other part. THE parties being desirous of establishing permanent peace and
1 friendship between ihe United States and the said Cherokee Nation, and the citizens and members thereof, and to remove the causes of war, by ascertaining their limits and making other necessary, just and friendly arrangements : The President of the United States, by Williana Blount, Governor of the territory of the United States of America, south of the river Ohio, and superintendant of Indian affairs for the southern district, who is vested with full powers for these purposes, by and with the advice and consent of the Senate of the United States: And the Cherokee Nation, by their Chiefs and Warriors representing the said nation, have agreed to the following articles, namely:
ARTICLE I. There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the whole Cherokee nation of Indians.
ARTICLE II. The Chiefs and Warriors, for themselves and all parts of the Cherokee nation, do acknowledge themselves and the said Cherokee nation, to be under the protection of the United States of America, and of no other sovereign whosoever ; and they also stipulate that the said Cherokee nation will not hold any treaty with any foreign power, individual state, or with individuals of any state.
ARTICLE III. The Cherokce nation shall deliver to the Governor of the territory of the United States of America, south of the river Ohio, on or before the first day of April next, at this place, all persons who are now prisoners, captured by them from any part of the United States : And the United States shall on or before the same day, and at the same place, restore to the Cherokees, all the prisoners now in captivity, which the citizens of the United States have captured from them.
ARTICLE IV. The boundary between the citizens of the United States and the Cherokee nation, is and shall be as follows: Beginning at the top of the Currahee mountain, where the Creek line passes it; thence a direct line to Tugelo river; thence north-east to the Occunna mountain, and over the same along the South-Carolina Indian boundary to the NorthCarolina boundary; thence north to a point from which a line is to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little River from those running into the Tennessee ; thence up the river Clinch to Campbell's line, and along the same to the top of Cumberland mountain; thence a direct line to the Cumberland river where the Kentucky road crosses it; thence down the Cumberland river to a point from which a south-west line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a south-west line will strike the mouth of Duck river.
And in order to preclude forever all disputes relative to the said boundary, the same shall be ascertained, and marked plainly by three persons appointed on the part of the United States, and three Cherokees on the part of their nation.
And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lving to the right of the line 2. bove described, beginning as aforesaid at the Currahee mountain, it is hereby agreed, that in addition to the consideration heretofore made for the said land, the United States will cause certain valuable goods, to be immediately delivered to the Chiefs and Warriors, for the use of their nation ; and the said United States will also cause the sum of one thousand dollars to be paid annually to the said Cherokee nation. And the Chiefs and Warriors, do hereby for themselves and the whole Cherokee nation, their heirs and descendants, for the considerations above mentioned, release, quit-claim, relinquish and cede, all the land to the right of the line described, and beginning as aforesaid.
ARTICLE V. It is stipulated and agreed, that the citizens and inhabitants of the United States, shall have a free and unmolested use of a road from Washington district to Miro district, and of the navigation of the Tennessee river.
ARTICLE VI. It is agreed on the part of the Cherokees, that the United States shall have the sole and exclusive right of regulating their trade.
ARTICLE VII. The United States solemnly guarantee to the Cherokee nation all their lands not hereby ceded.
ARTICLE VIII. If any citizen of the United States, or other person not being an Indian, shall settle on any of the Cherokee's lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please,
ARTICLE IX. 'No citizen or inhabitant of the United States, shall attempt to hunt or destroy the game on the lands of the Cherokees; nor shall any citia zen or inhabitant go into the Cherokee country, without a passport first obtained from the Governor of some one of the United States, or territorial districts, or such other person as the President of the United States may from time to time authorize to grant the same.
ARTICLE X. If any Cherokee Indian or Indians, or person residing among them, or who shall take resuge in their nation, shall steal a horse from, or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation shall be bound to deliver him or them up, to be punished according to the laws of the United States.
ARTICLE XI. - If any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, shall go into any town, seta tlement or territory belonging to the Cherokees, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders, shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.
ARTICLE XII. In case of violence on the persons or property of the individuals of either party, neither retaliation nor reprisal shall be committed by the other, until satisfaction shall have been demanded of the party of which the aggressor is, and shall have been refused.
ARTICLE XIII. The Cherokees shall give notice to the citizens of the United States, of any designs which they may know, or suspect to be formed in any neighboring tribe, or by any person whatever, against the peace and interest of the United States.
ARTICLE XIV. That the Cherokee nation may be led to a greater degree of civilization, and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States, will from time to time furnish gratuitously the said nation with useful implements of husbandry, and further to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many persons to reside in said nation as they may judge proper, not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands assigned by the Cherokees for cultivation for themselves and their successors in office ; but they shall be precluded exercising any kind of traffic.
ARTICLE XV. All animosities for past grievances shall henceforth cease, and the contracting parties will carry the foregoing treaty into full execution with all good faith and sincerity.
ARTICLE XVI. This treaty shall take effect and be obligatory on the contracting par. ties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States.
Articles of a Lreaty
Between the UNITED STATES af AMERICA, and the CherOKEE INDIANS,
concluded at Philudelphia, on the twenty-sixth day of June, in the year of
over Lord one thousand seven hundred and ninety-four. W HEREAS the treaty made and concluded on Holston river, on
V the second day of July, one thousand seven hundred and ninety-one, between the United States of America and the Cherokee nation of Indians, has not been fully carried into execution by reason of some misunderstandings which have arisen.
ARTICLE I. And whereas Henry Knox, secretary for the department of war, being authorized thereto by the President of the United States in behalf of the said United States, and the chiefs and warriors, in their own names, and in behalf of the whole Cherokee nation, are desirous of reestablishing peace and friendship between the said parties in a permanent manner, do hereby declare, that the said treaty of Holston is, to all intents and purposes, in full force and binding upon the said parties, as well in respect to the boundaries therein mentioned as in all other respects whatever.
ARTICLE II. It is hereby stipulated that the boundaries mentioned in the fourth article of the said treaty, shall be actually ascertained and marked in the manner prescribed by the said article, whenever the Cherokee nation shall have ninety days notice of the time and place at which the commissioners of the United States intend to commence their operation.
ARTICLE III. The United States, to evince their justice by amply compensating the said Cherokee nation of Indians for all relinquishments of land made either by the treaty of Hopewell upon the Keowee river, concluded on the twenty-eighth of November, one thousand seven hundred and eighty-five, or the aforesaid treaty made upon Holston river, on the second of July, one thousand seven hundred and ninety-one, do hereby stipulate, in lieu of all former sums to be paid annually, to furnish the Cherokee Indians with goods suitable for their use, to the amount of five thousand dollars yearly.
'ARTICLE IV. And the said Cherokee nation, in order to evince the sincerity of their intentions in future, to prevent the practice of stealing horses, attended with the most pernicious consequences to the lives and peace of both parties, do hereby agree, that for every horse which shall be stolen from the white inhabitants by any Cherokee Indians, and not return.cd within three months, that the sum of fifty dollars shall be deducted from the said annuity of five thousand dollars.
ARTICLE V. The articles now stipulated will be considered as permanent aqlditions to the treaty of Holston, as soon as they shall have been ratified by the President of the United States and the Senate of the United
Articles of a Lreaty
Betrpeen the United States of America, and the Cherokee Indians, con
cluded in the Council-House near Tellico, on Cherokee ground, on the second day of October, in the year one thousand seven hundred and ninety-eight. TTIEREAS, the treaty made and concluded on Holston river, on
V tie second day of July, in the year one thousand seven hundred and ninety one, between the United States of America, and the Cherok:e nation of Indians, hal not been carried into execution, for some time thereafter, by reason of some misunderstandings which had arisen :- And whereas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect, and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made and concluded by and between them, at Philadelphia, the twenty-sixth day of June, in the year one thousand seven hundred and ninety-four: In which, among other things, it was stipulated, that the boundaries mentioned in the fourth article of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said article, whenever the Cherokee nation should have ninety days notice of the time and place at which the commissioners of the United States intended to commence their operation : and whereas, further delays in carrying the said fourth article in complete effect did take place, so that the boundaries mentioned and described therein, were not regularly ascertained and marked, until the latter part of the year, one thousand seven hundred and ninety-seven : Before which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers citizens of the United States, upon the Indian lands over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties : But which settlers were removed from the said indian lands, by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as the nature of the case has admitted : And whereas, for the purpose of doing justice to the Cherokee nation of Indians, and remodying inconveniences arising to citizens of the United States from the adjustmept of the boun. dary line between the lands of the Cherokees and those of the United States, or the citizens thercof, or from any other cause in relation to the Cherokees; and in order to promote the interests and safety of the said states, and the citizens thereof, the President of the United States, by and with the advice and consent of the Senate thereof, hath appoint, ed George Walton, of Georgia, and the President of the United States hath also appointed Lieutenant-Colonel Thomas Butler, commanding the troops of the United States in the state of Tennessee, to be com. missioners for the purpose aloresaid ; and who, on the part of the Unit