the census to object to this distribution, of which due notice shall be given the Mississip them, before the expiration of one year after the ratification of pi object, then this treaty, then the census, solely for distributing the annuity, be taken. shall be taken at such times, and in such manner, as the president of the United States may designate. Art. 7. The United States, in order to afford the Cherokees Intrusion of who reside on the lands ceded by this treaty, time to cultivate citizens before 1st Jan. 1820, their crop next summer, and for those who do not choose to to be preventake reservations, to remove, bind themselves to prevent the ted. intrusion of their citizens on the ceded land before the first of January next. Art. 8. This treaty to be binding on the contracting parties This treaty so soon as it is ratified by the president of the United States, by binding when and with the advice and consent of the senate. Done at the place, and on the day and year, above written. Ch. Hicks, J. C. CALHOUN. ratified. Jno. Ross, Witnesses: Return J. Meigs, C. Vandeventer, Elias Earle, John Lowry. John Martin, James Brown, Geo. Lowry, List of persons referred to in the 3d article of the annexed treaty. Richard Walker, within the chartered John Brown, Tennessee, limits of North Carolina. Yonah, alias Big Bear, do. John Martin, do. Georgia, Peter Linch, do. do. do. do. Daniel Davis, do. do. do. do. Walter S. Adair, do. do. Lewis Ross, Fox Taylor, do. do. Rd. Timberlake, do. do. David Fields, (to include his mill,) do. James Brown, (to include his field by the long pond,) do. do. William Brown, do. do. I hereby certify, that I am, either personally, or by information on which 1 can rely, acquainted with the persons before named, all of whom I believe to be persons of industry, and capable of managing their property with discre tion, and who have, with few exceptions, long resided on the tracts reserved, and made considerable improvements thereon. RETURN J. MEIGS, Agent in the Cherokee nation, (COPY.) Cherokee Agency, Highwassee Garrison. We, the undersigned chiefs and counsellors of the Cherokees, in full council assembled, do hereby give, grant, and make over, unto Nicholas Byers and David Russell, who are agents in behalf of the states of Tennessee and Georgia, full power and authority to establish a Turnpike Company, to be composed of them, the said Nicholas and David, Arthur Henly, John Lowry, Atto. and one other person, by them to be here after named, in behalf of the state of Georgia; and the above named persons are authorized to nominate five proper and fit persons, natives of the Cherokees, who, together with the white men aforesaid, are to constitute the company; which said company, when thus established, are hereby fully authoriz ed by us, to lay out and open a road from the most suitable point on the Tennessee river, to be directed the nearest and best way to the highest point of navigation on the Tugolo river; which said road, when opened and established, shall continue and remain a free and public highway, unmolested by us, to the interest and benefit of the said company, and their successors, for the full term of twenty years, yet to come, after the same may be open and complete; after which time, said road, with all its advantages, shall be surrendered up, and reverted in, the said Cherokee nation. And the said company shall have leave, and are hereby authorized, to erect their public stands, or houses of entertainment on said road, that is to say: one at each end, and one in the middle, or as nearly so as a good situation will permit; with leave also to cultivate one hundred acres of land at each end of the road, and fifty acres at the middle stand, with a privilege of a sufficiency of timber for the use and consump tion of said stands. And the said Turnpike Company do hereby agree to pay the sum of one hundred and sixty dollars yearly to the Cherokee nation, for the aforesaid privilege, to commence after said road is opened and in complete operation. The said company are to have the benefit of one ferry on Tennessee river, and such other ferry or ferries as are necessary on said road; and, likewise, said company shall have the exclusive privilege of trading on said road during the aforesaid term of time. In testimony of our full consent to all and singular the above named privileges and advantages, we have hereunto set our hands and affixed our seals, this eighth day of March, eighteen hundred and thirteen. The foregoing agreement and grant was amicably negotiated and concluded in my presence. (Signed) RETURN J. MEIGS. I certify I believe the within to be a correct copy of the original. Washington City, March 1, 1819. CHARLES HICKS. Cherokee Agency, Jan. 6, 1817. We, the undersigned chiefs of the Cherokee nation, do hereby grant unto Nicholas Byers, Arthur H. Henly, and David Russell, proprietors of the Unicoy road to Georgia, the liberty of cultivating all the ground contained in the bend on the north side of Tennessee river, opposite and below Chota Old Town, together with the liberty to erect a grist mill on Four Mile creek, for the use and benefit of said road, and the Cherokees in the neighborhood thereof; for them, the said Byers, Henly, and Russell, to have and to hold the above privileges during the term of lease of the Unicoy road, also obtained from the Cherokees, and sanctioned by the president of the United States. In witness whereof, we hereunto affix our hands and seals in presence of John McIntosh, The above instrument was executed in open Cherokee council, in my office, in January, 1817. (Signed) RETURN J. MEIGS. Cherokee Agency, 8th July, 1817. The use of the Unicoy road, so called, was for twenty years. (Signed) I certify I believe the within to be a correct copy of the original. Washington City, March 1, 1819. CH. HICKS. [Note. The Cherokees west of the Mississippi assented to the division of the annuities, to which the Cherokee nation is entitled under the several treaties of this chapter, made by the 6th article of the last preceding treaty, and the annuities are accordingly paid annually to the two parts of the ma tion, in the proportion specified in said 6th article.] CHAPTER V. Treaties with the Choctaws. Treaty with No. 1. Articles of a treaty concluded at Hopewell, on the Keowee, near Sethe Choctaws. neca Old Town, between Benjamin Hawkins, Andrew Pickens, and Joseph Martin, commissioners plenipotentiary of the United States of America, of the one part; and Yockonahoma, great medal chief of Soonacoha; Yockahoopoie, leading chief of Bugtoogoloo; Mingohoopoie, leading chief of Hashooqua; Tobocoh, great medal chief of Congetoo; Pooshemastubie, gorget captain of Senayazo; and thirteen small medal chiefs of the first class, twelve medal and gorget captains, commissioners plenipotentiary of all the Choctaw nation, of the other part. The United States give peace. The Choctaws to restore prigroes, and all soners, ne The commissioners plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favor and protection of the United States of America, on the following conditions: Art. 1. The commissioners plenipotentiary of all the Choctaw nation, shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty, if other proper- any there be in the Choctaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, to such person, and at such time and place, as the commissioners of the United States of America shall appoint, if any there be in the Choctaw nation. ty. Art. 2. The commissioners plenipotentiary of all the Choc- The tribes taw nation, do hereby acknowledge the tribes and towns of and towns of the Choctaws, the said nation, and the lands with the boundary allotted to the under the said Indians to live and hunt on, as mentioned in the third ar- protection of the United ticle, to be under the protection of the United States of Ameri-States. ca, and of no other sovereign whosoever. lands for the Art. 3. The boundary of the lands hereby allotted to the Boundary of Choctaw nation to live and hunt on, within the limits of the Choctaws to United States of America, is and shall be the following, viz: live and hunt beginning at a point on the thirty-first degree of north latitude, on. where the eastern boundary of the Natchez district shall touch the same; thence east along the said thirty-first degree of north latitude, being the southern boundary of the United States of America, until it shall strike the eastern boundary of the lands on which the Indians of the said nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty-two, while they were under the protection of the king of Great-Britain; thence northerly along the said eastern boundary, until it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, until it shall meet the western boundary thereof; thence southerly along the same, to the beginning: saving and reserving for Reservation the establishment of trading posts, three tracts or parcels of for trading land, of six miles square each, at such places as the United States, in congress assembled, shall think proper; which posts, and the lands annexed to them, shall be to the use and under the government of the United States of America. posts. Art. 4. If any citizen of the United States, or other person, Citizens of not being an Indian, shall attempt to settle on any of the lands the United hereby allotted to the Indians to live and hunt on, such States, settling person on Choctaw shall forfeit the protection of the United States of America, lands, outlawand the Indians may punish him or not, as they please. ed. Art. 5. If any Indian or Indians, or persons residing among The Choctaws them, or who shall take refuge in their nation, shall commit a to deliver up robbers, murrobbery or murder, or other capital crime, on any citizen of the derers, &c. for United States of America, or person under their protection, punishment. the tribe to which such offender may belong, or the nation, shall be bound to deliver him or them up to be punished ac- Punishment cording to the ordinances of the United States in congress as-ot to exceed sembled: provided, that the punishment shall not be greater zen. than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen. that of a citi The punishArt. 6. If any citizen of the United States of America, or ment for robperson under their protection, shall commit a robbery or mur- bing or murder, or other capital crime, on any Indian, such offender or dering a Choctaw, the same offenders shall be punished in the same manner as if the robbe- as if the crime ry or murder, or other capital crime, had been committed on a had been comcitizen of the United States of America; and the punishment citizen. mitted on a |