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The following article was adopted as a supplemental article to the treaty by a unanimous vote of the committee and ordered to be attached to and considered as part of this treaty.

ARTICLE 20. The United States do also hereby guaranty the payment of all unpaid just claims upon the Indians, without expense to them, out of the proper funds of the United States, for the settlement of which a cession or cessions of land has or have been heretofore made by the Indians, in Georgia. Provided the United States or the State of Georgia has derived benefit from the said cession or cessions of land without having made payment to the Indians therefor. It is hereby however further agreed and understood that if the Senate of the United States dissapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever.

A. McCOY, Clerk Committee.
W. B. THOMAS, Secry.

Payment of just claims guaUnited States. rantied by the

In compliance with the unanimous request of the Committee of the Cherokee nation in general council assembled, it is consented and agreed by the commissioner on the part of the United States that the foregoing shall be added as a supplemental article to the treaty under the express condition and stipulation that if the President or Senate of the United States disapprove of this article it may be rejected without impairing any other provision of this treaty, or affecting the Indians in any manner whatever.

J. F. SCHERMERHORN.

Whereas the western Cherokees have appointed a delegation to visit Dec. 31, 1835. the eastern Cherokees to assure them of the friendly disposition of their people and their desire that the nation should again be united as one people and to urge upon them the expediency of accepting the overtures of the Government; and that, on their removal they may be assured of a hearty welcome and an equal participation with them in all the benefits and privileges of the Cherokee country west and the undersigned two of said delegation being the only delegates in the eastern nation from the west at the signing and sealing of the treaty lately concluded at New Echota between their eastern brethren and the United States; and having fully understood the provisions of the same they agree to it in behalf of the western Cherokees But it is expressly understood that nothing in this treaty shall affect any claims of the western Cherokees on the United States.

In testimony whereof, we have, this 31st day of December, 1835, hereunto set our hands and seals.

JAMES ROGERS,
JOHN SMITH,

Delegates from the western Cherokees,

Test: Ben. F. Currey, Special Agent. M. W. Bateman, First Lieut. 6th Infantry

Jno. L. Hooper, Lieut. 4th Infy. Elias Boudinot.

Schedule and estimated value of the Osage half-breed reservations within the territory ceded to the Cherokees west of the Mississippi, (referred to in article 5 on the foregoing treaty,) viz:

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I hereby certify that the above schedule is the estimated value of the
Osage reservations; as made out and agreed upon with Col. A. P.
Chouteau who represented himself as the agent or guardian of the
above reservees.
J. F. SCHERMERHORN.

March 14, 1835.

SUPPLEMENTARY ARTICLES TO A TREATY

March 1, 1836. Concluded at New Echota, Georgia, December 29, 1835, between the

Proclamation, May 23, 1836.

Pre-emption rights declared void.

Allowance in

lieu of pre-emptions, &c.

United States and Cherokee people.

WHEREAS the undersigned were authorised at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river.

ARTICLE 1. It is therefore agreed that all the pre-emption rights and reservations provided for in articles 12 and 13 shall be and are hereby relinquished and declared void.

ARTICLE 2. Whereas the Cherokee people have supposed that the sum of five millions of dollars fixed by the Senate in their resolution of day of March, 1835, as the value of the Cherokee lands and possessions east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five millions of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just. ARTICLE 3. It is therefore agreed that the sum of six hundred thousand dollars shall be and the same is hereby allowed to the Cherokee people to include the expense of their removal, and all claims of every

nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-emptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-mentioned treaty. This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund.

But it is expressly understood that the subject of this article is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty.

ARTICLE 4. It is also understood that the provisions in article 16, for the agency reservation is not intended to interfere with the occupant right of any Cherokees should their improvement fall within the same. It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.

ARTICLE 5. The necessary expenses attending the negotiation of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States.

In testimony whereof John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirty-six.

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[NOTE. This treaty and Supplementary Articles were ratified, with the following amendments, as expressed in the Resolution of the Senate:-"Article 17, lines 2 and 3, strike out the words by General William Carroll and John F. Schermerhorn, or.'" "In the 4th line of the same article, after the word 'States,' insert by and with the advice and consent of the Senate of the United States.'" "Strike out the 20th article which appears as a supplemental article."]

Provisions for

agency reservaterfere, &c.

tion not to in

Expense of negotiation to be defrayed by the U.S.

62

Proclamation, June 4, 1836.

ARTICLES OF A TREATY

March 26, 1836. Made and concluded at camp in Turkey Creek Prairie, in the State of Indiana, between Abel C. Pepper commissioner of the United States and Mes-quaw-buck, a chief of the Pottawatamy tribe of Indians and his band, on twenty-sixth day of March, in the year eighteen hundred and thirty-six.

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ART. 1. The above named chief and his band hereby cede to the United States the four sections of land reserved for them by the second article of the treaty between the United States and the Pottawatamy Indians, on Tippecanoe river on the twenty-seventh day of October 1832.

ART. 2. In consideration of the cession aforesaid the United States stipulate to pay the above named chief and his band the sum of twentyfive hundred and sixty dollars in specie at the next payment of annuity after the ratification of this treaty.

ART. 3. The United States stipulate to provide for the payment of the necessary expenses attending the making and concluding this treaty.

ART. 4. The above named chief and his band agree to yield peaceable possession of the above sections of land and remove to the country west of the Mississippi provided for the Pottawatamy nation by the United States, within two years from this date.

ART. 5. This treaty shall be binding upon both parties from the date of its ratification by the President and Senate of the United States.

ART. 6. Whereas, Henry Ossum has lived many years on the lands of the above named chief and his band-has furnished them with provision and blankets when they were poor and destitute-has made valuable improvements on the said land, and whereas, the said chief and his band acknowledge themselves to be justly indebted to the said Henry Ossum in the sum of three thousand dollars, it is hereby stipulated that from the cession aforesaid a reservation of two of the above four sections is made for Henry Ossum to be patented to him by the United States, the said reserve is to include Ossums improvement on which he now lives and Mis-quaw-bucks village. If this article shall be ratified by the President and Senate of the United States, then twelve hundred and eighty dollars of the above consideration shall be withheld from the aforesaid chief and his band in the payment for the cession aforesaid; but if this article of the treaty shall not be approved and ratified by the President and Senate of the United States, it is expressly understood that the rejection thereof shall not viciate or make void any other article or stipulation of the above treaty.*

In testimony whereof the said A. C. Pepper commissioner on the part of the United States, and the above named chief and head men for themselves and their band, have hereunto subscribed their names, the day and year above written.

A. C. PEPPER.

*This article (Art. 6) was not ratified.

Mes-quaw-buck,
Mess-Sett,
Muck-kose,

C. Carter, Secretary. Edward McCartney, Enteprt.

To the Indian names are subjoined marks.

Waw-baw-que-ke-aw,
Naush-waw-pi-tant,
Che-qua-sau-quah.

ARTICLES OF A TREATY

Made and concluded at the city of Washington in the District of Columbia, between Henry R. Schoolcraft, commissioner on the part of the United States, and the Ottawa and Chippewa na tions of Indians, by their chiefs and delegates.

March 28, 1836.

Proclamation,

May 27, 1836.

Cession of land

Ante, p. 218.

ARTICLE FIRST. The Ottawa and Chippewa nations of Indians cede to the United States all the tract of country within the following bound to the U. S. aries: Beginning at the mouth of Grand river of Lake Michigan on the north bank thereof, and following up the same to the line called for, in the first article of the treaty of Chicago of the 29th of August 1821, thence, in a direct line, to the head of Thunder-bay river, thence with the line established by the treaty of Saganaw of the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British province of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the treaty of Ghent, through the straits, and river St. Mary's, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate river, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of the Skonawba river of Green bay, thence down the south bank of said river to its mouth, thence, in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved.

ARTICLE SECOND. From the cession aforesaid the tribes reserve for their own use, to be held in common the following tracts, namely: One tract of fifty thousand acres to be located on Little Traverse bay: one tract of twenty thousand acres to be located on the north shore of Grand Traverse bay, one tract of seventy thousand acres to be located on, or, north of the Pieire Marquetta river, one tract of one thousand acres to be located by Chingassanoo,-or the Big Sail, on the Cheboigan. One tract of one thousand acres, to be located by Mujeekewis, on Thunderbay river.

Reservations in common.

Reservations

ARTICLE THIRD. There shall also be reserved for the use of the Chippewas living north of the straits of Michilimackinac, the following for Chippewas. tracts, that is to say: Two tracts of three miles square each, on the north shores of the said straits, between Point-au-Barbe and Mille Coquin river, including the fishing grounds in front of such reservations, to be located by a council of the chiefs. The Beaver islands of Lake Michigan for the use of the Beaver-island Indians. Round island, opposite Michilimackinac, as a place of encampment for the Indians, to be under the charge of the Indian department. The islands of the Chenos, with a part of the adjacent north coast of Lake Huron, corre

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