Photo above: Independence Rock on the Oregon Trail. First mentioned by Parker in 1835, and carries an inscription on the
rock with the names of early trappers and explorers. Photo William H. Jackson, circa 1870. Right: Painting by Percy Moran, 1912, reflects the intensity of the battle of the Alamo. Photo courtesy Library of Congress.
U.S. Timeline - The 1830s
Conquering the West
Sponsor this page for $75 per year. Your banner or text ad can fill the space above.
Click here to Sponsor the page and how to reserve your ad.
1835 - Detail
December 29, 1835 - The Cherokee tribe is forced to cede lands in Georgia and cross the Mississippi River after gold is found on their land in Georgia, which results in the Treaty of New Echota.
What had started out as policy stated by President Andrew Jackson in a State of the Union speech in 1829, and had been conducted both prior and after Congressional action in the Indian Removal Act of 1830, was now reaching a culminating point. Add in the founding of gold, announced on August 1, 1829 in the Georgia Journal as occurring on July 22, 1829, and you had the impetus for the State of Georgia, and its citizens, to heighten their demand for the Cherokee to be removed. They had been asking for that action since 1826 and the term of President John Quincy Adams. By 1831, tens of thousands of miners had descended on the boom towns of Auraria and Dahlonega and the rivers of Chestatee and the Etowah. The state of Georgia had been taking action on their own by stripping Cherokee sovereigty, eventually deemed illegal by the Supreme Court in 1832, then ignored.
With Jackson's reelection and the Supreme Court ruling, Jackson met with Indian negotiators and urged them to accept removal. He stated that he would not use federal force to achieve it. The Cherokee National Council refused the option in October 1832. Divisions in the Cherokee tribe emerged, and over the next three years, various treaty terms were discussed. The National Party, led by Principal Chief John Ross, was at odds over the Treaty Party and their push for removal. In October 1835, the General Council voted to approve a group to head to Washington and negotiate better terms. The New Echota meeting would be held instead, suggested by U.S. treaty envoy, John F. Schermerhorn. It did not include John Ross.
Negotiations were held at New Echota, beginning on December 21, 1835. New Echota was the capital of the Cherokee nation in Georgia. Eight days later, on December 29, 1835, the Treaty culminated in the money and methods of transferring Cherokee land east of the Mississippi River for Indian Territory in Oklahoma. The Cherokee would gain $5,000,000 for their land, $500,000 for education, an equal amount of land in Indian Territory for that lost in the states of the east, and the right for some Cherokee to remain in the states of the east as citizens with one hundred and sixty acres given to each. President Jackson would remove the last condition. The negotiating committee approved the treaty unanimously, as did the full contigent. They thought that the conditions would satisfy John Ross; they did not.
Challenge to the Treaty
There had been immediate condemnation of the treaty after its initial signing. The large faction of the tribe who had not been involved in the New Echota meeting saw it as fraudulent, including the Principal Chief of the Cherokee National Council, John Ross. On February 23, 1836, they petitioned Congress with a statement signed by three thousand three hundred and fifty-two tribe members. They had support from religious leaders outside the nation as well, who also opposed the removal.
Whereas, we the citizens of the Districts of Aquohee and Taquoee in the Cherokee Nation, are informed that on the 21st of Dec 1835, certain individual Cherokees assembled at New Echota and, without any authority from the council or people of the Nation, entered into an agreement with the Revd Mr Schermer-horn under the name of a treaty by the provisions of which all the lands of the Cherokees are ceded; their Government and Law abolished, their private improvements: the property of individuals alienated from their rightful owners, without their consent: And all their rights, as free men, wrested from them and left to the discretionary disposal of strangers.
And, Whereas we are further informed that this compact is to be presented to the Senate of the United States for ratification, as a treaty; we the undersigned, do, with the deepest anxiety and the most [crossed out: earnestness] respectful earnestness, appeal to the Senate of the United States, against the ratification of the same. And in entering our protest before that honorable and August Body, we again humbly Solicit their attention to the following points on account of which we so [crossed out: depreciate] urgently depreciate the ratification of said instrument. Viz. the persons who are represented as acting in behalf of the Cherokees in this matter, are wholly unauthorized. And the circumstance of a few individuals making a treaty vitally affecting the liberties, the property and the personal rights of a whole people, appears to be so utterly repugnant to reason and justice and every dictate of humanity, that we come to the Senate of the United States with full confidence "that" under such circumstances the voice of weakness itself will be heard in the cry for justice.
To the Basis of said instrument and most of its details we entertain insuperable objections. But being fully persuaded that an instrument so unwarranted will not be sanctioned by the Senate, we deem it unnecessary to recite the particular provisions which it contains, as we feel all assurance of the justice and magnanimity of the August body before whom we humbly presume to present our grievances.
Despite that petition and the efforts of others against the Treaty of New Echota, the treaty moved forward in the Senate, passing by one vote on May 17, 1836. President Jackson signed it into law on May 23, 1836.
With the challenge to the Treaty failing to nullify or halt its progress, the Cherokee nation was once again urged to move peacefully, however, many members of the tribe still disagreed with its terms and refused. Two thousand one hundred and three members of the tribe were reported moved west by January 8, 1838, well short of the full number mandated in the two year period stated in the Treaty. With the remaining members, sixteen thousand strong, refusing to leave, Major General Winfield Scott was ordered by Alexander McComb, General of the Army under new President Martin Van Buren, on April 6, 1838 to force them out, buoyed by three thousand troops at his disposal and the ability to raise more through state militias and other means. Scott partitioned the nation into three sections and ordered a peaceful move. A peaceful, humane move did not occur.
Over the remaining months of 1838 and into the winter of 1839, those sixteen thousand members of the Cherokee nation were forced to walk up to one thousand miles. Four thousand would perish on the journey.
What had begun under a note in the State of the Union speech of President Andrew Jackson in 1829, and moved through the removal of the first four of the Five Civilized Tribes after the Indian Removal Act and the Ellsworth Journey of Preparation in 1832, had now been completed. What remained of the Five Civilized Tribes east of the Mississippi River was just a remnant of the Choctaw, Creek, Seminole, Chickasaw, and Cherokee. Approximately nine thousand members of those tribes remained in their ancestral homes. Fifty-nine thousand had been forcibly removed with an estimated eight to seventeen thousand who did not complete the full journey. And in an odd adjunct to history, accompanying the Five Civilized Tribes were several thousand of their slaves. Oh, my.
Full Text, Treaty of New Echota
Articles of a Treaty concluded at New Echota in the State of Georgia on the 29th day of Decr. 1835 by Genl William Carroll & John F. Schermerhorn commissioners on the part of the United States and the Chiefs head man & people of the Cherokee tribe of Indians.
Whereas the Cherokees are anxious to make some arrangements with the Government of the United States whereby the difficulties they have experienced by a residence within the settled parts of the United States under the jurisdiction and laws of the State Governments may be terminated and adjudicated; and with a view to reuniting their people in one body and securing a permanent home for themselves and their posterity in the country selected by their forefathers without the territorial limits of the State [Sovreignties?]; and where they can establish and enjoy a Government of their choice and perpetuate such a state of society as may be most consonant with their views habits and condition; and as may tend to their individual comfort and their advancement in civilization.
And whereas a Delegation of the Cherokee Nation composed of Messrs. John Ross Richard Taylor Danl McCoy Saml Gunter & William Rogers with full power and authority to conclude a Treaty with the United States did on the 28th day of February 1835 stipulate & agree with the Government of the United States to submit to the senate to fix the amount which should be allowed the Cherokees for their claims and for a cession of their lands East of the Mississippi River And ^did^ agree to abide by the award of the senate of the United States themselves and to recommend the same to their people for their people for their final determination.
And whereas on such submission the Senate advised "that a sum not exceeding five millions of Dollars be paid to the Cherokee Indians for all their lands & possessions East of the Mississippi River"
And whereas this delegation after said award of the Senate had been made, were called upon to submit propositions as to its disposition to be arranged in a Treaty which they refused to do, but insisted that the same "should be referred to their nation and there in general council to deliberate and determine on the subject in order to insure harmony and good feeling among themselves"
And whereas a certain other delegation composed of John Ridge Elias Boudinot Archilla Smith S W Bell John West Wm A Davis & Ezekiel West who represented that portion of the nation in favour of Emigration to the Cherokee Country West of the Mississippi entered into propositions for a Treaty with John F. Schermerhorn Commissioner on the part of the United States which were to be submitted to their "Nation for their" final action and determination.
And whereas the Cherokee people at their last October council at Red Clay, fully authorized and empowered a delegation or committee of Twenty persons of their nation to enter into and conclude a Treaty with the United States commission then present
at that place or elsewhere and as the people had good reason to believe that a Treaty would then & there be made or at a subsequent council at New Echota which the commissioners it was well known and understood were authorized & instructed to convene for said purpose; and since the said Delegation have gone on to Washington city, with a view to close [negociations?] 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 Delegaton at Washington last winter urged that it be done
for the purpose of promoting peace harmony among the people; and since these facts have also been corroborated to to us by a communication recently received by the Commissioner for the Government of the United States & read and explained to the people in open council and therefore believing said delegation can affect nothing and since our difficulties are daily increasing and our situation is rendered more & more precarious uncertain & 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. Schermerhorn 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 convene the people of the nation in General Council a New Echota and to submit said propositions to them with power and authority 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 fo 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 & 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 & concluded between William Carroll & John F. Schermerhorn commissioners on the part of the United State and the Chiefs Head Men & people of the Cherokee Nation in General Council assembled this 29th day of Decr 1835.
Article 1st - 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, [some text crossed out by writer] 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 or stipulated & agreed upon in the following articles But as a question has arisen between the Commissioners and the Cherokee 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 allowance or consideration for claims 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 [supplemonary?] treaty thereto of Feby 14th 1833 with the Cherokees west of the Mississippi the United States guarantied & 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 place 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 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 South west corner of Missouri; thence along the Western Missouri line to the land assigned the Senecas; thence on the south line of the Senecas to Grand River; thence on 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 & 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 further 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:
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 said 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 removal west of the Mississippi the United States in consideration of the sum of Five Hundred thousand Dollars therefore ^hereby^ covenant & agree to convey to the said Indians, and their descendents 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 South East corner of the same and runs north along the East line of the Osage lands Fifty miles to the North East corner thereof; and thence East to the West line of the state of Missouri, thence with said line south fifty miles; thence west to the place of beginning; estimated to contain Eight hundred thousand acres of land; but it is expressly understood that if any of the lands assigned the Quapaws shall fall within the aforesaid bounds the same shall be reserved & excepted out of the lands above granted and a pro rata reduction shall be make in the price to be allowed to the United States for the same by the Cherokees.
Article 3rd - The United States also agree that the lands above ceded by the Treaty of Feby 14 1833 including the outlet and those ceded by this treaty shall all be included in one patent and executed to the Cherokee Nation of Indians by the President of the United States according to the provisions of the Act of May 28th 1830. It is however agreed that the military reservation at Fort Gibson shall be held by the United States. But should the United States abandon said post & have no further use for the same it shall revert to the Cherokee Nation. The United States shall always have the right to make and establish such Post & military roads and forts in any part of the Cherokee Country, as they may deem proper for the interest & protection of the same and the free use of as much land, timer, fuel and materials of all kinds for the construction& support of the same as may be necessary; provided that if the private rights of individuals are interfered with a just compensation therefor shall be made.
Article 4th - The United States also stipulate & agree to extinguish for the benefit of the Cherokees the titles to the reservations within their country made in the Osage Treaty of 1825 to certain half breeds and for this purpose they hereby agree to pay to the persons to whom the same belong or have been assigned or to their agents or Guardians whenever they shall execute, after the ratification of this treaty a satisfactory conveyance for the same, to the United States, the sum of fifteen thousand Dollars according to a schedule accompanying this Treaty of the relative value of several reservations.
And whereas by the several Treaties between the United States and the Osage Indians the Union and Harmony Missionary reservations which were established for their benefit are now situated within the country ceded by them to the United States; the former being situated in the Cherokee country and the latter in the State of Missouri. It is therefore agreed that the United State shall pay the American Board of Commissioners for foreign missions for the improvements on the same "what" they shall be appraised at by Capt Geo Vashon Cherokee sub agent Abraham Redfield & A P Choteau or such persons as the President of the United States shall appoint and the money allowed for the same shall be expended in schools among the Osages & improving their condition It is understood that the United States are to pay the amount allowed for the observations in this article and not the Cherokees.
Article 5 - The United States hereby covenant and agree that the lands ceded to the Cherokee Nations in the foregoing article shall in no future time with out their consent, be included within the territorial limits or jurisdiction of any State or Territory But they shall secure to the Cherokee nation the right by their National Councils to make & carry into effect all such laws as they may deem necessary for the Government & protection of the persons & property within their own country belonging to their people or such persons as they have connected themselves with them: Provided always that they shall not be inconsistent with the constitution of the United States and such Acts of Congress as have been or may be passed [words crossed out by the writer] regulating ^trade and intercourse with the^ Indians [word crossed out by the writer]; and also that they shall not be considered as extending to such citizens and army of the United States as may travel or reside in the Indian Country by permission according to the laws & regulations established by the Government of the same.
Article 6th - Perpetual peace & friendship shall exist between the citizens of the United States & the Cherokee Indians The United States agree to protect the Cherokee Nation from domestic strife and foreign enemies and against intestine wars between several tribes the Cherokees shall endeavour to preserve & maintain the peace of the Country and not make war upon their Neighbors They shall also be protected against interruptions & intrusion from Citizens of the United States who may attempt to settle in the Country without their consent; and all such persons shall be removed from the same by order of the President of the United States. But this is not intended to prevent the residence among them of useful farmers mechanics & teachers for the instruction of Indians according to treaty stipulations [blotted out line which is struck through by a line]
Article 7 - The Cherokee Nation having already made great progress in civilization & deeming it important that every proper & laudable inducement should be offered to their people to improve their condition as well as to guard & secure the most effectual manner the rights guarantied to them in this Treaty, and with a view to illustrate the liberal and enlarged policy of the Government of the United States towards the Indians in their removal beyond the Territorial limits of the States, it is stipulated that they shall be entitled to a delegate in the House of Representative of the United States whenever Congress shall make provision for the same.
Article 8th - The United States also agree & stipulate to remove the Cherokees to their new homes & to subsist them one year after their arrival there And that a sufficient number of steam Boats & baggage waggons shall be furnished to remove them comfortably, and so as not to endanger their health, and that a physician well supplied with medicines shall accompany each detachment of emigrants removed by the Government Such persons and families as in the opinion of the Emigrating Agent are capable of subsisting and removing themselves shall be permitted to do so; and they shall be allowed in full for all claims for the same Twenty Dollars for each member of their family; And in lieu of their one years rations they shall be paid the sum of thirty three dollars & thirty three cents if they prefer it. Such Cherokees also as reside at present out of the Nation & shall remove with them in two years west of the Mississippi shall be entitled to allowance for removal & subsistence as above provided for.
Article 9th - The United States agree to appoint suitable Agents who shall make a just & fair valuation of all such improvements now in the possession of the Cherokees as add any value to the lands; & also of the ferries owned by them according to their nett income; And such improvements & ferries from which they have been dispossessed in a lawless Manner or under any existing laws of the state where the same may be situated The just debts of the Indians shall be paid out of any monies due them for their improvements & claims; And they shall also be furnished at the discretion of the President of the United States with a sufficient sum to enable them to obtain the necessary means to remove themselves to their new homes And the balance of their dues shall be paid them at the Cherokee Agency West of the Mississippi The missionary establishments shall also be valued and appraised in alike manner and the amount of them paid over by the United States to the Treasurers fo the respective missionary societies by whom they have been established and improved in order to enable them to erect such buildings & make such improvements among the Cherokees West of the Mississippi as they may deem necessary for their benefit such teachers at present among the Cherokees as their council shall select & designate shall be removed West of the Mississippi with the Cherokee Nation and on the same terms allowed to them.
Article 10th - The President of the United states shall invest in some safe and most productive publick stocks of the Country for the benefit of the whole Cherokee Nation who have removed or shall remove to the lands assigned by this treaty to the Cherokee Nation West of the Mississippi the following sums as a permanent fund for the purposes hereinafter specified & pay over the nett income of the same annually to such person or persons as shall be authorized or appointed by the Cherokee Nation to receive the same And their receipt shall be a full discharge for the amount paid to them Viz The sum of Two Hundred thousand dollars in addition to the present annuities of the Nation to constitute a general fund the interest of which shall be applied annually by the Council of the Nation to such purposes as they may deem best for the general interest of their people the sum of Fifty thousand dollars to constitute an orphans fund the annual income of which shall be expended towards the support & education of such orphan children as are destitute of the means of subsistence. The sum of one Hundred & fifty thousand dollars in addition to the present school fund of the Nation shall constitute a permanent school fund, the interest of which shall be applied annually by the Council of the Nation for the support of Common schools & such a literary institution of a higher order as may be established in the Indian Country And in order to secure as far as possible the true & beneficial application of the orphans & school fund the Council of the Cherokee Nation when required by the President of the United States shall make a report of the application of those funds & he shall at all times have the right, if the funds have been misapplied to correct any abuses of them and direct the manner of their application for the purposes for which they were intended The Council of the Nation may by giving two years notice of their intention withdraw their funds by and with the consent of the President and Senate of the United States, and invest them in such manner as they may deem most proper for their interest The United States also agree & stipulate to pay the just debts & claims against the Cherokee Nation held by the Citizens of the same and also the just claims of Citizens of the United States for services rendered to the Nation And the sum of Sixty thousand dollars is appropriated for this purpose but no claims against individual persons of the Nation shall be allowed & paid by the Nation The sum of Three Hundred thousand dollars Is hereby set apart to pay & liquidate the just claims of the Cherokees upon the United States for spoliations of every kind, that have not been already satisfied under former treaties.
Article 11th - The Cherokee Nation of Indians believing it will be for the interest of their people to have all their funds and annuities under their own direction & future disposition hereby agree to commute their permanent annuity of Ten thousand dollars for the sum of Two Hundred & fourteen thousand dollars, the same to be invested by the President of the United States as a part of the general fund of the Nation; And their present school fund amounting to about Fifty thousand dollars shall constitute a part of the permanent school fund of the Nation.
Article 12th - Those individuals &n families of the Cherokee Nation that are averse to a "removal" to the Cherokee Country West of the Mississippi and are desirous to become Citizens of the States where they reside and such as are qualified to take care of themselves & "their" property shall be entitled to receive their due portion of all the personal benefits accruing under this Treaty for their claims, improvements and per Capita; as soon as an appropriation is made for this Treaty.
Such heads of the Cherokee families as are desirous to reside within the states of No Carolina Tennessee & Alabama subject to the laws of the same; and who are qualifies or calculated to become useful citizens shall be entitled on the certificate of the commissioners to a preemption right to One Hundred & sixty acres of land or one quarter section "at the minimum Congress price"; so at to include the present buildings or improvements of those who now reside there and such as do not live there at present shall be permitted to locate within two years any lands not already occupied by persons entitled to preemption privilege under this Treaty And if two or more families "live" on the same quarter section and they desire to continue their residence in these states and are qualified as above specified they shall on receiving their preemption certificate be entitled to the right of preemption to such lands as they may select not already taken by any person entitled to them under this Treaty.
It is stipulated and agreed between the United States & the Cherokee people that John Ross James Starr George Hicks John Gunter George Chambers John Ridge Elias Boudinot George Sanders John Martin William Rogers Roman Nose Situawake & John Timpson shall be a committee on the part of the Cherokees to recommend such persons for the privilege of preemption rights as may be deemed entitled to the same under the above articles and to select the missionaries who shall be removed with the Nation; and that they be hereby fully empowered and authorized to transact all business on the part of the Indians which may arise in carrying into effect the provisions of this Treaty & settling the same with the United States If any of the persons above mentioned should decline acting or be removed by death; the vacancies shall be filled by the committee themselves.
It is also understood and agreed that the sum of One Hundred thousand dollars shall be expended by the Commissioners in such manner as the committee deem best for the benefit of the poorer class of Cherokees as shall remove West or have removed West and are entitled to the benefits of this Treaty. The same to be delivered at the Cherokee Agency West as soon after the removal of the Nation is possible.
Article 13th - In order to make a final settlement of all the Claims of the Cherokees for Reservations granted under former treaties to any individuals belonging to the Nation by the United States it is therefore hereby stipulated and agreed & expressly understood by the parties to this Treaty. - that all the Cherokees & their heirs & descendants to whom any reservations have been made under any former Treaties with the United State; and who have not sold or conveyed the same by deed or otherwise & who in the opinion of the Commissioners have complied with the terms on which the reservations were granted as far as practicable in the several cases; and which reservations have since been sold by the United States and the original reserve or their heirs or descendants shall be entitled to receive the present value thereof from the United States as unimproved lands. - And all such reservations as have not been sold by the United States and where the terms o which the Reservations were make in the opinion of the Commissioners have been complied with as far as practicable, they or their heirs or descendants shall be entitled to the same. They are hereby granted and confirmed to them - And also all persons who were entitled to reservations under the Treaty of 1817 and who as far as practicable in the opinion of the Commissioners have complied with the stipulations of said Treaty; Although by the Treaty of 1819 such reservations were include in the unsceded lands belonging to the Cherokee Nation are hereby confirmed to them & they shall be entitled to receive a grant for the same. And all such reserves as were obliged by the laws of the states in which their reservations were situated, to abandon on the same purchase them from the states shall be deemed to have just claim Against the United States for the amount by them paid to the states with interest thereon [struck through text] such Reservations and if obliged to abandon the same, to the present value of such reservations as unimproved lands But in all cases where the Reservees have sold their Reservations or any part thereof & conveyed the same, they their heirs or descendants or their assigns shall not be considered as having any claims upon the United States under this Article of the Treaty Nor be entitled to receive any compensation for the lands thus disposed of. It is expressly understood by the parties to this Treaty that the amount to be allowed for Reservations under this Article shall not be deducted out of the consideration money allowed to the Cherokees for their claims for spoliations and the cession of their lands; but the same is to be paid for independently by the United States as it is only a just fulfillment of former treaty stipulations.
Article 14th - It is also agreed on the part of the United States that such warriors of the Cherokee Nation as were engaged on the side of the United States in the late war with Great [Brittain?] & the southern tribes of Indians, and who were wounded in such service shall be entitled to such pensions as shall be allowed them by the Congress of the United States to commence from the period of their disability.
Article 15th - It is expressly understood & agreed between the parties to this Treaty that after deducting the amount which shall be actually expended for the payment for improvements, ferries, claims, for spoliations, removal subsistence and debts and claims upon the Cherokee Nation and for the additional quantity of lands and goods for the poorer class of Cherokees And the several sums to be invested for the General National funds; provided for in the several articles of this Treaty; the balance whatever the same may be shall be equally divided between all the people belonging to the Cherokee Nation East according to the census just completed; and such Cherokees as have removed West since June 1833 who are entitled by the terms of their enrollment & removal to all the benefits resulting from the final Treaty between the United States and the Cherokees East They shall also be paid for their improvements according to their approved value before their removal where fraud has not already been shown in their valuation.
Article 16th - It is hereby stipulated & agreed by the Cherokees that they shall remove to their New Homes within two years from the ratification of this Treaty And that during such time the United States shall protect & defend them in their possessions & property and free use & occupation of the same And such persons as have been dispossessed of their Improvements & houses; and for which no grant has actually issued previously to the enactment of the law of the State of Georgia of December 1835 to regulate Indian occupancy shall be again put in possession and placed in the same situation & condition; in reference to the laws of the State of Georgia as the Indians that have not been dispossessed; and if this is not done; and the people are left unprotected; then the United States shall pay the Cherokees for the losses & damages sustained by them in consequence thereof And it is also stipulated and agreed that the public buildings and improvements on which they are situated at New Echota for which no grant has been actually made previous to the passage of the above recited Act; if not occupied by the Cherokee people shall be reserved shall be reserved for the public and free use of the United States & the Cherokee Indians for the purpose of settling & closing all the Indian business arising under this Treaty between the Commissioners of claims & the Indians. [text struck through]
The United States & the several States interested in the Cherokee lands; shall immediately proceed to survey the lands ceded by this treaty; but it is expressly agreed & understood between the parties that the Agency buildings and that tract of land surveyed & laid off for the use of Colo R. J. Meigs Indian Agent or heretofore enjoyed & occupied by his successors in office shall continue subject to the use & occupancy of the United States or such agent as may be engaged specially superintending the removal of the tribe.
Article 17th - All the claims arising under or provided for in the several articles of this treaty shall be examined & adjudicated by Genl Wm Carroll & John F Schermerhorn or by such commissioners as shall be appointed by the President of the United States for that purpose and their decision shall be final And on their certificate of the amount due the several claimants they shall be paid by the United States. All stipulations in former Treaties which have not been supersceded or annulled by this shall continue in full force and virtue.
Article 18th - Whereas in consequence of the unsettled affairs of the Cherokee people and the early frosts their crops are insufficient to support their families and great distress is likely to ensue And whereas the Nation will not until after their removal be able advantageously to expend the income of the permanent funds of the Nation It is therefore agreed that the annuities of the Nation which may accrue under this Treaty for two years, the time fixed for their removal shall be expended in provision & clothing for the benefit of the poorer class of the Nation; and the United States hereby agree to advance the same for that purpose as soon after the ratification of this Treaty as an appropriation for the same shall be made It is however not intended in this article to interfere with that part of the annuities due the Cherokees west by the Treaty of 1819.
Article 19 - This treaty after the same shall be ratified by the President & Senate of the United States shall be obligatory on the contracting parites.
In testimony whereof the Commissioners and the Chiefs head men & people whose names are hereunto annexed being duly authorized by the people in general council assembled have affixed their hands & seals for themselves & in behalf of the Cherokee nation, [different writer adds the following} I have examined the forgoing treaty and altho not present when it was made, I approve its provisions generally and therefore sign it.
Image above: Portion of Map showing Indian Removal and Trail of Tears, 2007, Nikater/Demis/Handbook of North American Indians. Courtesy Wikipedia Commons. Below: Cherokee Chief John Ross, 1843, John T. Bowen. Courtesy Library of Congress. Info Source: National Archives; Wikipedia Commons; Smithsonian Magazine; Library of Congress.