in all things and in every respect, upon the same footing upon which they stood before the late War between The United States and Great Britain, have agreed to the following Articles:

ART. I. Every injury or act of hostility by one or either of the Contracting Parties against the other, shall be mutually forgiven and forgotten.

II. There shall be perpetual Peace and Friendship between all the Citizens of the United States of America, and all the Individuals composing the said Poncarar Tribe; and all the friendly relations that existed between them before the War shall be, and the same are hereby, renewed.

III. The Undersigned Chiefs and Warriors, for themselves and their said Tribe, do hereby acknowledge themselves to be under the protection of the United States of America, and of no other Nation, Power, or Sovereign whatever.

In witness whereof, the said William Clark aud Auguste Chouteau, Commissioners as aforesaid, have hereunto subscribed their names and affixed their Seals, this 25th day of June, in the year of our Lord 1817, and of the Independence of the United States the 41st.

(L.S.)
(L.S.)

WM. CLARK.

AUGUSTE CHOUTEAU.

[Marks of 8 Indians.]

DR. WM. J. CLARKE.
B. VASQUES.

Witnesses present :
LEWIS BISSEL, Acting Secretary to
the Commissioners.
MANUEL LISA, U.S. Indian Agent.
BENJA. O. FALLON, U. S. Indian
Agent.
R. GRAHAM, Indian Agent for JOSEPH LAFLECHE, Interpreter,
Illinois.

SAML. SOLOMON, Interpreter,
STEPHEN JULIAN, U. S. Indian
Interpreter.

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 day of December, iu the year of our Lord 1817, and of the Independence of The United States the 42nd.

TREATY between The United States and the Cherokee Indians.-Signed at the Cherokee Agency, the 8th of July,

1817.

JAMES MONROE, PRESIDENTt of the United STATES OF AMERICA. To all and singular to whom these Presents shall come, Greeting: WHEREAS a Treaty between the United States of America and that portion of the Cherokee Nation of Indians residing East of the Mississippi River, and also that portion of the said Nation residing on the Arkansas River, was concluded and signed at the Cherokee Agency, on the 8th day of July, in the year of our Lord 1817, by Commissioners on the part of the said United States, and certain Chiefs, Head Men, Warriors, and duly authorized Deputies of the said 2 portions of the Cherokee Nation; which Treaty is in the words following, to wit:

Articles of a Treaty concluded, at the Cherokee Agency, within the Cherokee Nation, between Major-General Andrew Jackson, Joseph M'Minn, Governor of the State of Tennessee, and General David Meriwether, Commissioners Plenipotentiary of the United States of America, of the one part, and the Chiefs, Head Men, and Warriors, of the Cherokee Nation, East of the Mississippi River, and the Chiefs, Head Men and Warriors of the Cherokees on the Arkansas River, and their Deputies, John D. Chisholm and James Rogers, duly au thorized by the Chiefs of the Cherokees on the Arkansas River, in open Council, by Written Power of Attorney, duly signed and executed in presence of Joseph Sevier and William Ware.

Whereas in the Autumn of the year 1808, a Deputation from the Upper and Lower Cherokee Towns, duly authorized by their Nation, went on to the City of Washington; the first named to declare to the President of The United States their anxious desire to engage in the pursuits of agriculture and civilized life in the Country they then occupied, and to make known to the President of The United States the impracticability of inducing the Nation at large to do this, and to request the establishment of a Division Line between the Upper and Lower Towns, so as to include all the Waters of the Hiwassee River to the Upper Town, that by thus contracting their Society within narrow limits, they proposed to begin the establishment of fixed Laws and a regular Government :-the Deputies from the Lower Towns to make known their desire to continue the hunter life, and also the scarcity of game where they then lived, and under those circumstances, their wish to remove across the Mississippi River, on some vacant Lands of The United States.

And whereas the President of The United States, after maturely considering the Petitions of both Parties, on the 9th day of January, A. D., 1809, including other subjects, answered those Petitions as follows:

"The United States, my Children, are the Friends of both Parties, and, as far as can be reasonably asked, they are willing to satisfy the wishes of both. Those who remain may be assured of our patronage, our aid, and good neighbourhood. Those who wish to remove; are permitted to send an Exploring Party to reconnoitre the Country on the waters of the Arkansas and White Rivers, and the higher up the better, as they will be the longer unapproached by our Settlements, which will begin at the mouths of those Rivers. The regular Districts of the Government of St. Louis are already laid off to the St. Francis. "When this Party shall have found a Tract of Country suiting the Emigrants, and not claimed by other Indians, we will arrange with them and you the exchange of that for a just portion of the Country they leave, and to a part of which, proportioned to their numbers, they have a right. Every aid towards their removal, and what will be necessary for them there, will then be freely administered to them; and when established in their new Settlements, we shall still consider them as our Children, give them the benefit of exchanging their peltries for what they will want at our Factories, and always hold them firmly by the hand."

And whereas the Cherokees, relying on the promises of the President of The United States, as above recited, did explore the Country on the West side of the Mississippi, and made choice of the Country on the Arkansas and White Rivers, and settled themselves down upon The United States' Lands, to which no other Tribe of Indians have any just claim, and have duly notified the President of The United States thereof, and of their anxious desire for the full and complete ratification of his promise, and, to that end, as notified by the President of The United States, have sent on their Agents, with Full Powers to execute a Treaty, relinquishing to The United States all the right, title, and interest, to all lands of right to them belonging, as part of the Cherokee Nation, which they have left, and which they are about to leave, proportioned to their numbers, including, with those now on the Arkansas, those who are about to remove thither, and to a portion of which they have an equal right agreeably to their numbers.

Now, know ye, that the Contracting Parties, to carry into full effect the before recited promises with good faith, and to promote a continuation of friendship with their Brothers on the Arkansas River, and for that purpose to make an equal distribution of the Annuities secured to be paid by The United States to the whole Cherokee Nation, have agreed and concluded on the following Articles, viz:

ART. I. The Chiefs, Head Men, and Warriors of the whole Cherokee Nation, cede to The United States all the Lands lying North and East of the following Boundaries, viz: Beginning at the high shoals of the Appalachy River, and running thence, along the Boundary Line between the Creek and Cherokee Nations, Westwardly to the Chata

houchy River; thence, up to the Chatahouchy River, to the mouth of Souque Creek; thence, continuing with the general course of the River until it reaches the Indian Boundary Line, and, should it strike the Turrurar River, thence, with its meanders, down said River to its mouth, in part of the proportion of Land in the Cherokee Nation East of the Mississippi, to which those now on the Arkansas and those about to remove there are justly entitled.

II. The Chiefs, Head Men, and Warriors, of the whole Cherokee Nation, do also cede to The United States all the Lands lying North and West of the following Boundary Lines, viz: Beginning at the Indian Boundary Line that runs from the North bank of the Tennessee River, opposite to the mouth of Hywassee River, at a point on the top of Walden's ridge, where it divides the waters of the Tennessee River from those of the Sequatchie River; thence, along the said ridge, Southwardly, to the bank of the Tennessee River, at a point near to a place called the Negro Sugar Camp, opposite to the upper end of the first Island above Running Water Town; thence, Westwardly, a straight Line to the mouth of Little Sequatchie River; thence, up said River, to its main Fork; thence, up its Northernmost Fork, to its source; and thence, due West, to the Indian Boundary Line.

III. It is also stipulated by the Contracting Parties, that a Census shall be taken of the whole Cherokee Nation, during the month of June in the year of our Lord 1818, in the following mauner, viz: that the Census of those on the East side of the Mississippi River, who declare their intention of removing, shall be taken by a Commissioner appointed by the President of The United States, and a Commissioner appointed by the Cherokees, on the Arkansas River; and the Census of the Cherokees on the Arkansas River, and those removing there, and who, at that time, declare their intention of removing there, shall be taken by a Commissioner appointed by the President of The United States, and one appointed by the Cherokees East of the Mississippi River.

IV. The Contracting Parties do also stipulate, that the Aunuity due from The United States to the whole Cherokee Nation for the year 1818, is to be divided between the 2 parts of the Nation in proportion to their numbers, agreeably to the stipulations contained in the IIIrd Article of this Treaty; and to be continued to be divided thereafter in proportion to their numbers; and the Lands to be apportioned and surrendered to The United States agreeably to the aforesaid enumeration, as the proportionate part, agreeably to their numbers, to which those who have removed, and who declare their intention to remove, have a just right, including these with the Lands ceded in the Ist and IInd Articles of this Treaty.

V. The United States bind themselves, in exchange for the Lands ceded in the Ist and IInd Articles hereof, to give to that part of the

Cherokee Nation on the Arkansas, as much Land on said River and White River as they have or may hereafter receive from the Cherokee Nation East of the Mississippi, acre for acre, as the just proportion due to that part of the Nation on the Arkansas agreeably to their numbers; which is to commence on the North side of the Arkansas River, at the mouth of Point Remove or Budwell's Old Place; thence, by a straight Line, northwardly, to strike Chataunga Mountain, or the hill first above Shield's Ferry on White River, running up and between said Rivers for complement, the banks of which Rivers to be the Lines; and to have the above Line, from the point of beginning to the point on White River, run and marked, which shall be done soon after the Ratification of this Treaty ; and all Citizens of The United States, except Mrs. P. Lovely, who is to remain where she lives during life, removed from within the bounds as above named. And it is further stipulated, that the Treaties heretofore concluded between the Cherokee Nation and The United States are to continue in full force with both parts of the Nation, and both parts thereof entitled to all the immunities and privileges which the Old Nation enjoyed under the aforesaid Treaties; The United States reserving the right of establishing Factories, a Military Post, and Roads, within the Boundaries above defined.

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VI. The United States do also bind themselves to give to all the poor Warriors who may remove to the Western side of the Mississippi River, one rifle gun and ammunition, one blanket, and one brass kettle, or, in lieu of the brass kettle, a beaver trap, which is to be considered as a full compensation for the improvements which they may leave; which articles are to be delivered at such Point as the President of The United States may direct: and, to aid in the removal of the Emigrants, they further agree to furnish flat-bottomed boats and provisions sufficient for that purpose: and to those Emigrants whose improvements add real value to their Lands, The United States agree to pay a full valuation for the same, which is to be ascertained by a Commissioner appointed by the President of The United States for that purpose, and paid for as soon after the Ratification of this Treaty as practicable. The Boats and Provisions promised to the Emigrants are to be furnished by the Agent on the Tennessee River, at such time and place as the Emigrants may notify him of, and it shall be his duty to furnish the same.

VII. And for all improvements which add real value to the Lands lying within the Boundaries ceded to The United States, by the Ist and IInd Articles of this Treaty, The United States do agree to pay for at the time, and to be valued in the same manner, as stipulated in the VIth Article of this Treaty ; or, in lieu thereof, to give in exchange, improvements of equal value to those which the Emigrants may leave, and for which they are to receive pay. And it is farther stipulated, that all these improvements, left by the Emigrants within the bounds of the Cherokee Nation, East of the Mississippi River, which add real value