ART. 10. If any Cherokee Indian or Indians, or person residing among them, or who shall take refuge 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. ART. 11. 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, settlement, 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. ART. 12. In case of violence on the persons or property of the individuals of either party, neither retaliation or 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. ART. 13. 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. ART. 14. 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. ART. 15. 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. ART. 16. This treaty shall take effect and be obligatory on the contracting parties, 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. Nontuaka, or the Northward, his x mark, In witness of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto set their hands and seals, at the treaty ground on the bank of the Holston, near the mouth of the French Broad, within the United States, this second day of July, in the year of our Lord one thousand seven hundred and ninety-one. William Blount, governor in and over the territory of the Squollecuttah, or Hanging Maw, his x mark, Enoleh, or Black Fox, his x mark, Tekakiska, his x mark, Chutioh, or King Fisher, his x mark, Tuckaseh, or Terrapin, his x mark, Kunnochatutloh, or the Crane, his x mark, Cauquillehanah, or the Thigh, his x mark, Chesquotteleneh, or Yellow Bird, his x mark, Chickasawtehe, or Chickasaw Killer, his x mark, L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. Kanetetoka, or Standing Turkey, his x mark, Yonewatleh, or Bear at Home, his x mark, Kunoskeskie, or John Watts, his x mark, L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. Auquotague, the Little Turkey's Son, his x mark, Teesteke, or Common Disturber, his x mark, Robin McClemore, Skyuka, John Thompson, Interpreter. Done in presence of Dan'l Smith, Sec'y. Territory U. L. S. L. S. L. S. Fauche, of Georgia, ADDITIONAL ARTICLE. It is hereby mutually agreed, between Henry Knox, Secretary of War, duly authorized thereto in behalf of the United States, on the one part, and the undersigned chiefs and warriors, in behalf of themselves and the Cherokee nation, on the other part, that the following article shall be added to, and considered as part of, the treaty made between the United States and the said Cherokee nation, on the 2d day of July, one thousand seven hundred and ninety-one, to wit: The sum to be paid annually by the United States to the Cherokee nation of Indians, in consideration of the relinquishment of lands, as stated in the treaty made with them on the 2d day of July, one thousand seven hundred and ninety-one, shall be one thousand five hundred dollars, instead of one thousand dollars, mentioned in the said treaty. In testimony whereof, the said Henry Knox, Secretary of War, and the said chiefs and warriors of the Cherokee nation, have hereunto set their hands and seals, in the city of Philadelphia, this seventeenth day of February, in the year of our Lord, one thousand seven hundred and ninety-two. L. S. L. S. Teesteke, or Common Disturber, his x mark, Thomas Grooter, In presence of James Cery, Sworn Interpreter to the Cherokee nation. CHEROKEES. [CONCLUDED JUNE 26, 1794. ] Articles of a treaty between the United States of America, and the Cherokee Indians. Whereas, the treaty made and concluded on Holston river, on the 2d 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: ART. 1. And whereas the undersigned Henry Knox, Secretary for the department of War, being authorized thereto by the Presi dent of the United States, in behalf of the said United States, and the undersigned 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. ART. 2. 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. ART. 3. 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. ART. 4. 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 returned within three months, that the sum of fifty dollars shall be deducted from the said annuity of five thousand dollars. ART. 5. The articles now stipulated will be considered as permanent additions 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 States. In witness of all and every thing herein determined between the United States of America and the whole Cherokee nation, the parties have hereunto set their hands and seals in the city of Philadelphia, within the United States, this twentysixth day of June, in the year of our Lord one thousand seven hundred and ninety-four. H. Knox, Secretary of War, L. S. Tekakisskee, or Taken out of the Water, his x mark, L. S. Nontuaka, or the Northward, his x mark, L. S. L. S. Skyuka, his x mark, L. S. Chuquilatague, or Double Head, his x mark, L. S. Siteaha, his x mark, Keenaguna, or the Lying Fawn, his x mark, John Thompson, Interpreters, Cantwell Jones, of Delaware, William Wofford, of the State of W. McCaleb, of South Carolina, L. S. L. S. L. S. SIX NATIONS. [CONCLUDED JULY 24, 1794. ] Contracts between the State of New York and different tribes of the Six Nations of Indians, specifying their several cessions and reservations of land, etc. On the 19th of April, 1793, George Clinton, governor of New York, transmitted to Thomas Jefferson, Secretary of State of the United States, an exemplification of the different treaties entered into by that commonwealth with the Indians of the Six Nations, subsequent to the conclusion of the war of the American revolution. In his letter to Mr. Jefferson, Governor Clinton says, "I had written to the clerk of the city of Albany, and did not receive his answer until yesterday: he informs, as I suspected, that the superintendent of Indian affairs under the British government, was, at the commencement of the revolution, possessed of all the records and documents respecting Indian affairs, and took them with him when he left the country." |