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to the Lands, and for which The United States shall give a consideration, and not so exchanged, shall be rented to the Indians by the Agent, year after year, for the benefit of the poor and decrepid of that part of the Nation, East of the Mississippi River, until surrendered by the Nation, or to the Nation. And it is further agreed, that the said Cherokee Nation shall not be called upon for any part of the consideration paid for said improvements at any future period.

VIII. And to each and every Head of any Indian Family residing on the East side of the Mississippi River, on the Lands that are now, or may hereafter be, surrendered to The United States, who may wish to become Citizens of The United States, The United States do agree to give a reservation of 640 acres of land, in a square, to include their improvements, which are to be as near the centre thereof as practicable, in which they will have a life estate, with a reversion in fee simple to their Children, reserving to the Widow her dower, the register of whose names is to be filed in the Office of the Cherokee Agent, which shall be kept open until the Census is taken as stipulated in the IIIrd Article of this Treaty. Provided, that if any of the Heads of Families, for whom reservations may be made, should remove therefrom, then, in that case, the right to revert to The United States. And provided further, that the Land which may be reserved under this Article, be deducted from the amount which has been ceded under the Ist and IInd Articles of this Treaty.

IX. It is also provided by the Contracting Parties, that nothing in the foregoing Articles shall be construed so as to prevent any of the Parties so contracting, from the free navigation of all the Waters mentioned therein.

X. The whole of the Cherokee Nation do hereby cede to The United States all right, title, and claim, to all reservations made to Doublehead and others, which were reserved to them by a Treaty made and entered into at the City of Washington, bearing date the 7th of January, 1806.

XI. It is further agreed, that the Boundary Lines of the Lands ceded to The United States by the Ist and IInd Articles of this Treaty, and the Boundary Line of the Lands ceded by The United States in the Vth Article of this Treaty, is to be run and marked by a Commissioner or Commissioners appointed by the President of The United States, who shall be accompanied by such Commissioners as the Cherokees may appoint; due notice thereof to be given to the Nation.

XII. The United States do also bind themselves to prevent the intrusion of any of its Citizens within the Lands ceded by the Ist and IInd Articles of this Treaty, until the same shall be ratified by the President and Senate of The United States, and duly promulgated.

XIII. The Contracting Parties do also stipulate that this Treaty shall take effect and be obligatory on the Contracting Parties, so soon as the same shall be ratified by the President of The United States, by and with the advice and consent of the Senate of The United States.

In witness of all and every thing herein determined, by and between the before-recited Contracting Parties, We have, in full and open Council, at the Cherokee Agency, this 8th day of July, A. D. 1817, set our Hands and Seals.

ANDREW JACKSON.

JOSEPH MCMINN.

D. MERIWEther.

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United States' Commissioners.

[Marks of 31 Cherokee, and of 13 Arkansas, Chiefs.]

JOHN D. CHISHOLM.

JAMES ROGERS.

In presence of: J. M. GLASSEL, Secretary to the Commissioners.
THOMAS WILSON, Clerk to the Commissioners.

WALTER ADAIR.

JOHN SPIERS.

WILLIAM Meriwether.

A. Mc. Coy, Interpreters.

JAMES C. BRONAUGH, Hospital Surgeon, United States' Army.
ISHAM RANDOLPH, Captain, 1st Redoubtables.
RETURN J. MEIGS, Agent, Cherokee Nation.

Now, therefore, be it known, that I, James Monroe, President of The United States of America, having seen and considered the said Treaty, have, by and with the advice and consent of the Senate, accepted, ratified, and confirmed the same, and every Clause and Article thereof.

In testimony whereof, I have caused the Seal of The United States to be hereunto affixed, and have signed the same with my hand. Done at the City of Washington, this 26th December, in the Year of Our Lord, 1817, and of the Independence of The United States the 42nd. By the President: (L. S.) JAMES MONROE.

JOHN QUINCY ADAMS, Secretary of State.

DECREE of the King of Prussia, for the Organization of the Council of State.-Berlin, 20th March, 1817. (Translation.)

WE, Frederick William, by the Grace of God, King of Prussia, &c., &c. In our Decree of the 27th October, 1810, concerning the alteration made in the constitution of the Supreme Authorities of the State, We laid down the Regulations, under which the Superior Administration of our State is to be carried on, under the superintendence and controul of the Chancellor of State. Subsequently thereto, by a Cabinet Order of the 3rd June, 1814, we appointed a Ministry of State, under the Presidency of the Chancellor of State, and thereby left his relations as such, so far as regards them generally, unaltered; but We specially commanded that all Reports, without exception, of the Ministry, and of the Ministers, to Us, should be transmitted to him, in order that he might thus retain the supervision of the whole Administration, and be enabled when necessary to communicate to Us his opinions, from time to time. We have left it to his judgment, according as the particular circumstances of the cases may warrant, either to lay

those Reports himself before Us, and to make such proposals as shall be suggested by the consideration of them, or to commit them to the Ministers, or to such Persons, attached to our Military and Civil Cabinet, as are appointed for the purpose of submitting to Us suchmatters.

We confirm all these Regulations, and direct also, that they shall henceforth be exactly observed. We decree also, that every Minister of State, at the end of February, shall draw up for Us, and deliver to the State Chancellor, an account of his Administration, during the year which has expired.

It is now also our Will, that the Council of State, already established by the abovementioned Decree of the 27th October, 1810, and by our Cabinet Order of the 3rd June, 1814, shall come into activity; since those obstacles are now removed, which the circumstances of the moment had opposed to it, and that the organization of the Executive Authorities is so far advanced, that the Council of State will be enabled to fulfil the intended object of its formation:

We accordingly decree as follows:

ART. I. The Council of State shall be opened on the 30th of March, 1817, and shall enter into activity from that day. Its Sittings shall be held in our Royal Palace in Berlin, our Capital.

II The assembled Council of State is our Supreme Deliberative Authority; it has, however, no share whatever in the Administration.

To its sphere of operation belong, the fundamental principles according to which the State is to be governed; víz :

a. All Laws, Regulations of the Constitution and Government, Plaus on matters of Government, by which the Fundamental principles of Government are to be altered, and Consultations respecting the general measures of Administration, to deliberate upon which the Ministerial Authorities are not constitutionally authorized; so that all Proposals for new Laws, and Regulations for the abolition, alteration, or more exact explanation of existing Laws and Regulations, shall reach us for our sanction through its medium.

The influence, which the future Provincial Representatives are to have on the Legislation, will be more exactly regulated, by the Constitutional Acts which are commanded to be prepared by our Decree of the 22nd May, 1815.

b. Disputes respecting the sphere of operation of the different Administrative Authorities.

c. All Matters which belong to the Council of State, by existing legal Regulations;-for example, the dismissal of an Officer of State, § 101, Title X, P. II. l. r.

d. All Matters which we shall refer, in particular cases, to the Council of State; which will be done, accordingly as we may find it necessary, and more particularly in the case of complaints made by our Subjects of the decisions of the different Ministers. In each case, we

shall decide whether the matter is to be committed to the Council of State for decision, or whether we shall require a Report thereupon.

Foreign Affairs are to be brought before the Council of State, only when we specially command it, in cases of urgency.

III. In cases where we conceive it to be necessary, we shall ourselves preside in the Council of State; with the exception of such cases, as we have already, in our Regulation of the 27th October, 1810, appointed our State Chancellor, to act as President, under our orders. He will accordingly conduct the deliberations.

IV. The Council of State shall consist:

1. Of the Princes of our House, so soon as they shall have attained the age of 18.

2. Of the Servants of the State, who are called by their Official Situations to be Members of it; and, for the present, namely:

The Chancellor of State, and President of the Council of State. Our Field Marshals.

The Ministers of State, actually conducting the Administration. The Secretary of State; whose business it will be, to be the Amanuensis of the Council of State, to draw up its Protocols and Projects, and to take care that the proper forms in the transaction of business are observed.

The Post Master General. The Chief of the Superior Tribunal. The First President of the Upper Chamber of Accounts.

Our Private Cabinet Counsellor.

The Officer appointed to report to us upon Military matters.

The Commanding Generals in our Provinces; but only when they shall be specially called upon to attend.

The Upper Presidents in the Provinces; also only when specially called upon to attend.

3. Of the Servants of the State, upon whom our particular confidence has induced us to confer a seat, and a vote in the Council of State. For the present, we appoint for that purpose the Persons named in the Appendix A.

V. These Persons shall form the Body of the Council of State, and are to attend its sittings regularly; unless they be absent from Berlin, or are prevented by unavoidable impediments. In such cases they must give notice thereof to the President.

No Sitting can take place, unless 15 Members at least be present, besides the Princes of the Blood.

VI. All the Members are to retain the Titles they possess, in virtue of the Official Situations which they hold.

No considerations of rank will be attended to in the Sittings of the Council of State. Every one, excepting the Princes of the Blood, will seat himself wherever he finds a place vacant. The President alone has an appointed place: on his right hand a seat shall be left vacant for

the Person who, on each occasion, is to propose, or to speak; and on his left shall sit the Minister Secretary of State.

No Salaries are appointed for the Members of the Council of State, in that capacity.

The care of providing the necessary Assistants will be left to the Minister Secretary of State.

VII. In order that the matters to be proposed in the Council of State may be thoroughly examined, and that they may be properly prepared to be laid before the whole Council, before which none but matters for decision can be laid;

The Council of State is to be divided into 7 Separate Sections.
1. Foreign Affairs.

2. Affairs of War.

3. Justice.

4. Finance.

5. Commerce and Manufactures.

6. Affairs relating to the Department of the Ministers of the Interior, and the Police.

7. Divine Worship and Public Education

A particular Section for the Laws is not requisite, as those above stated will fulfil, either singly, or, if the subject require it, by a junction of them, the object of the former Legislative Commission.

VIII. Each of these Sections is to consist of 5 Members. A part of them shall consist of Members who are not employed in that Branch of the Administration, for the Affairs of which the Section has been appointed. The highest in rauk presides in the Section, and conducts the business in it. He may propose to the President of the Council, to consult Strangers who do not belong to the Council; such as Officers of State, Men of Learning, Merchants, and Persons possessing Landed Property, and may order their attendance. They have, however, no vote, and are only to be heard on particular matters.

IX. The Persons who are now named for the year 1817, as Members of the 7 Sections, are described in the Appendix B. We reserve to ourselves to alter or confirm them, at the beginning of every year.

X. The Acting Ministers of State may be present in any Section before which matters relating to their Branch of the Administration are brought; in any case they must send a Counsellor from their Department to the Section, to give all the necessary information respecting it. Neither the Ministers, nor the latter, can, however, vote in the Section.

XI. The President of the Section either takes upon himself the duty of proposing the matters to be deliberated upon, or entrusts it to some other of his Associates. Previously to their being proposed, the matters must be made known to all the Members of the Section.

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