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 REPORT 
 
 Of the Select Committee appointed on the 17th ultimo, to consider of 
 certain Treaties with the Creek and Cherokee Indians, and the Arti- 
 cles of Agreement and Cession entered into on the QAth April, 1802, 
 between the United States and the state of Georgia; accompanied 
 xvih Resolutions making appropriations for carrying into effect the 
 Articles of Agreement and Cession entered into between the United 
 States and the state of Georgia, on the 24th of April, 1802, and for 
 other purposes. 
 
 JANUARY 7, 1822. 
 Read, and committed to a committee of the whole house on Thursday next. 
 
 The committee who were appointed to take into consideration the 
 treaties made by the United States with the Creek nation of In- 
 dians on the ninth of August, 1814, and those with the Cherokee 
 nation of Indians on the eighth of July, 1817, and on the twenty- 
 ninth of February, 1819; and, also, the articles of agreement and 
 cession between the United States and the state of Georgia, en- 
 tered into on the twenty-fourth of April, 1802, and to report whe- 
 ther the said articles have been executed according to the terms 
 thereof, and the best means of executing the same, 
 
 REPORT: 
 
 That, on the twenty-fourth of April, 1802, the state of Georgia 
 ceded to the United States all that portion of its territory which now 
 forms the states of Mississippi and Alabama. That the considera- 
 tion given therefor, on the part of the United States, was one milliou 
 two hundred and fifty thousand dollars, and an obligation to extin- 
 guish the Indian title to all the lands within the limits of Georgia, 
 whenever the same could be peaceably done, and on reasonable terms. 
 The committee arc of opinion that this agreement might have been 
 more satisfactorily complied with than it was at the treaty made 
 with the Creek nation of Indians the ninth day of August, 1814. 
 That the terms of that treaty were imposed upon the Indians, and 
 they were compelled to yield up to the United States a large portion 
 of their lands. That the United States demanded that the best part 
 of those lands should be within what was at that time the territory 
 
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2 [ 10 ] 
 
 of Alabama. That by this means the Indians have been driven 
 within the limits of Georgia, instead of being withdrawn. That 
 lands could have been as easily procured of the Indians within 
 the limits of Georgia as the territory of Alabama, and that good 
 faith required rather a punctual performance of a fair and bona fide 
 agreement, than a bargain, by which the Treasury of the United 
 States might be filled. The United States, also, in the same treaty, 
 guaranty to the Indians the integrity of the remaining part of their 
 territory. Whether this guarantee was consistent with the previous 
 agreement made by the United States with Georgia, is respectfully 
 referred to the consideration of the house. The committee cannot 
 but express the opinion, however, that this guarantee, and that con- 
 tract, appear to them to create very opposite and conflicting obli- 
 gations. 
 
 On the eighth day of July, 1817, a treaty was made by the United 
 States with :he Cherokee nation of Indians. It appears that some 
 time previous to the making of that treaty that the Cherokees had 
 represented to the President of the United States, that their upper and 
 lower tribes wished to separate. That the upper Cherokees desired 
 to be confined to a smaller section of country, and to engage in the 
 pursuits of agriculture and civilized life, and to begin the establish- 
 ment of fixed laws and regular government. That the lower Chero- 
 kees preferred continuing the hunter's life, and as game had become 
 scarce in the country which they occupied, they proposed exchanging 
 it for one on the western side of the Mississippi river, which would 
 be better suited to their habits of life. To carry into effect these 
 wishes of the Indians, the above treaty was held. The United States 
 had it now in their power to have so far complied with their con- 
 tract with Georgia as to have extinguished the title of the Cherokee 
 nation of Indians to most of its lands within the limits of that state: 
 for the upper Cherokees resided beyond the limits of Georgia, and 
 had expressed a desire to retain the lands on the Hiwassee river, 
 which are also beyond those limits. The lower Cherokees, who 
 wished to exchange their lands, resided mostly within that state; yet 
 as favorable as this opportunity seems to have been for a faithful com- 
 pliance with their contract, the United States neglected to take ad- 
 vantage of it. They purchased an inconsiderable tract of country 
 within the limits of Georgia and the bounds of the lower Cherokees, 
 and a considerable tract within the state of Tennessee and the upper 
 Cherokees, apparently in opposition to the wishes of the Indians, the 
 interest of Georgia, and good faith in themselves. 
 
 By the eighth article of the last mentioned treaty, the United States 
 granted to each head of any Indian family who should choose to remain 
 on the eastern side of the Mississippi river, six hundred and forty 
 acres of land, for life, to the possessor* with & a reversion," in fee 
 simple, to his children. 
 
 The committee cannot but view this attempt on the part of the 
 United States to grant lands in fee simple within the limits of 
 Georgia, as a direct violation of the rights of that state. The United 
 
[ io ] a 
 
 States have no jurisdiction over the country, or interest in tire soil of 
 the hinds belonging to the Indians within the limits of Georgia. If 
 there ever was any doubt of the truth of this assertion, it ceased to 
 exist after the articles of agreement and cession, made in 1802; by 
 the second article of which the United States cede to that state all 
 claim, right, or title, which they may have had to the jurisdiction or 
 soil of any lands within its limits: yet, in direct opposition to the 
 perms of their own agreement, the United States have, in numerous 
 instances, in pursuance of the said eighth article of the treaty last 
 referred to, granted lauds belonging to Georgia to the Indians, and 
 and have also given to the Indian nation the right of changing their 
 title of occflpancy to that of fee simple to all the lands which they 
 held in that state. But it is not the rights of Georgia alone that are 
 violated by this f reaty: the rights of Congress are equally disregarded. 
 ISy the same eighth article of the said treaty, all the Cherokee In- 
 dians, who may choose to do so, are authorized to become citizens of 
 the United States. The committee are not aware of the existence of 
 a power of conferring the rights of citizenship in any other branch 
 of the government than Congress. They think it unnecessary to 
 Make further comment on this part of the subject. The state of 
 Georgia would, however, have had less reason to complain than at 
 present, notwithstanding all these causes, if the remaining terms of 
 this treaty had been executed as agreed upon. The Indians contract- 
 ed that they would, in addition to the lands which they had ceded 
 absolutely, convey an additional quantity which should bear the same 
 proportion to the whole quantity of lands belonging to them, as the 
 Indians on the western side of the Mississippi river' bore to their 
 whole nation. The number of all the Indians were to be ascertain- 
 ed by Ihe month of June, 1818, and commissioners were then to be 
 appointed to divide the lands according to the proportion just named. 
 The state of Georgia had a right to expect that those lands would be 
 laid off within its boundary. But the United States make another 
 treaty with the same Indians, to wit: on the twenty-seventh day of 
 February, 1819, by which they yield up to the Indians all the advan- 
 tages derived from the former upon certain conditions. The com- 
 mittee are of opinion that the United States had no such power. It 
 has already been shown that they have no jurisdiction over, or right 
 to, the soil of the lands belonging to the Indians within the limits 
 of Georgia. They exercise the power of treating with the In- 
 dians for those lands by virtue of the obligation they are under to 
 that state by their contract and their general duty to treat with the 
 Indians, for the benefit of the states. They act as commissioners, 
 appointed by the constitution, and whenever their duty has been per- 
 formed by purchasing lands for the benefit of any state, and the terms 
 accepted by that state, all power over the lands acquired ceases to 
 exist. The treaty of the 8th July, 1817, had been so far accepted 
 on the part of Georgia previous to the treaty of the 27th of Fe- 
 bruary, 1819, that most of the lands acquired thereby had been dis- 
 posed of to its citizens, by an act of its Legislature. The treaty. 
 
4 L 10 ] 
 
 therefore, of the 27th February, 1819, so far as it affects any rights 
 acquired by Georgia, under the previous treaty, is void. The Unit- 
 ed States are bound to carry the first treaty into effect. 
 
 It appears, from the last treaty, that the United States are endeavor- 
 ing to fix the Cherokee Indians upon the soil of Georgia, and there- 
 by render it impossible for them ever to comply with their contract 
 with that state. By this treaty fee simple titles to lands within the 
 state of Georgia, are granted in a still more objectionable manner than 
 in the former, and all the Indians who choose are to be made citizens 
 in the same manner as in the former treaty. Leases made in pursu- 
 ance of the former treaty, are made void by the latter. 
 
 There is one other feature in the last treaty which the committee 
 think too objectionable to pass over in silence. It is agreed, on the 
 part -of the U nited States, that twelve miles square of the lands ceded 
 by the Indians shall be disposed of, and the proceeds vested, under 
 the direction of the President of the United States, in such stock as he 
 may think proper; and the interest arising therefrom to be applied by 
 him for the benefit of the Indians. They, however, can take no 
 farther notice of it than to bring the subject before the House for 
 their consideration. 
 
 As to so much of the resolutions as direct the committee to report 
 the best manner of executing the articles of agreement and cession 
 therein referred to, they suggest that it will be necessary for the 
 United States to relinquish the policy which they seem to have adopt- 
 ed with regard to civilizing the Indians, and rendering them perma- 
 nent upon their lands, and changing their title, by occupancy, into a 
 fee simple title, at least in respect to the Creek and Cherokee In- 
 dians. Their contract with Georgia must remain forever unperformed 
 so long as this policy is pursued. They would further recommend 
 appropriations of money to be made sufficiently large to enable the 
 government, from time to time, to hold treaties with those Indians 
 who possess lands within the limits of Georgia, for the purpose of ex- 
 tinguishing their title thereto. 
 
 From the view T which the committee have thus taken of the subject- 
 matter referred to them, they recommend the following resolutions for 
 adoption by the House: 
 
 1. Resolved, by the Senate and Rouse of Representatives of the United 
 States of America in Congress assembled, That so much of the above 
 treaties as pretends to grant to the Indians fee simple titles to lands 
 within the limits of Georgia, is a violation of the sovereign rights of 
 that state. 
 
 2. Resolved, That so much of the said treaties as purports to grant 
 to the Indians the rights of eitizenship, is a violation of the rights of 
 Congress. 
 
 3. Resolved, That the sum of be appropriated for 
 the purpose of holding treaties with the Creek and Cherokee Indians, 
 for the extinguishment of their title to lands within the limits of 
 Georgia. 
 
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 4. Resolved, That so much of the treaty made the 27th of February, 
 1819, as directs a large portion of the public lands to be sold, and the 
 proceeds to be vested in some public stock, by the President of the 
 United States, and to be disposed of by him for the benefit of the Che- 
 rokee Indians, does not accord with the general policy of this govern- 
 ment, and the power of Congress over the public property of the 
 United States. 
 
 Extracts from the Articles of Agreement and Cession between the Unit- 
 ed States and the state of Georgia. 
 
 "Art. 1. The state of Georgia cedes to the United States all the 
 right, title, and claim, which the said state has to the jurisdiction and 
 soil of the lands situated within the boundaries of the United States 
 south of the state of Tennessee, and west of a line beginning on the 
 western bank of the Chatahouchee river, where the same crosses the 
 boundary line between the United States and Spain; running thence, 
 up the said river Chatahouchee, and along the western bank thereof, 
 to the great bend thereof, next above the place where a certain creek 
 or river, called * Uchee,' (being the first considerable stream on the 
 western side, above the Cussetas and Coweta towns,) empties into 
 the said Chatahouchee river; thence, in a direct line, to Nickajack, on 
 the Tennessee river; thence, crossing the said last mentioned river, 
 and thence running up the said Tennessee river, and along the west- 
 ern bank thereof, to the southern boundary line of the state of Ten- 
 nessee; upon the following express conditions, and subject thereto, 
 that is to say: 
 
 "First. That out of the first nett proceeds of the sales of the lands 
 thus ceded, which nett proceeds shall be estimated by deducting, from 
 the gross amount of sales, the expenses incurred in surveying, and 
 incident to the sale, the United States shall pay, at their treasury, 
 one million two hundred and fifty thousand dollars to the state of 
 Georgia, as a consideration for the expenses incurred by the said 
 state, in relation to the said territory; and that, for the better secur- 
 ing as prompt a payment of the said sum as is practicable, a land 
 office for the disposition of the vacant lands thus ceded, to which the 
 Indian title has been, or may hereafter he, extinguished, shall he 
 opened within a twelvemonth after the assent of the state of Georgia 
 to this agreement, as hereafter stated, shall have been declared." 
 
 "Fourthly. That the United States shall, at their 6wn expense, extin- 
 guish, for'the use of Georgia, as early as the same can be peaceably ob- 
 tained, on reasonable terms, the Indian title to the county of Talassee, 
 to the lands left out by the line drawn with the Creeks, in the year one 
 thousand seven hundred and ninety-eight, which had been previously 
 granted by the state of Georgia; both which tracts had formerly been 
 yielded by the Indians; and to the lands within the forks of Oconee 
 
6 [ 10 ] 
 
 and Oakmulgee rivers; for which several objects, the President of the 
 United States lias directed that a treaty should be immediately held 
 with the Creeks; and that the United States shall, in the same man- 
 ner, also extinguish the Indian title to all the other lands within the 
 state of Georgia." 
 
 "Art 2. The United States accept the cession above mentioned, 
 and on the conditions therein expressed; and they cede to the state of 
 Georgia whatever claim, right, or title, they may have to the juris- 
 diction or soil of any lands, lying within the United States and out of 
 the proper boundaries of any other state, and situated south of the 
 southern boundaries of the states of Tennessee, North Carolina, and 
 South Carolina, and east of the boundary line herein above described, 
 as the eastern boundary of the territory ceded by Georgia to the United 
 States." 
 
 Extracts from the Articles of Agreement and Capitulation, made and 
 concluded the 9th of August, 1814', between Major General Andrew 
 Jackson and the Chiefs, cyr. of the Creek nation. 
 
 "Whereas an unprovoked, inhuman, and sanguinary war, waged by 
 the hostile Creeks against the United States, hath been repelled, pro- 
 secuted, and determined, successfully on the part of the said states, 
 in conformity with principles of national justice and honorable war- 
 fare: and whereas, consideration is due to the rectitude of proceeding 
 dictated by instructions relating to the re-establishmcut of peace: be 
 it remembered, that, prior to the conquest of that part of the 
 Creek nation hostile to the United States, numberless aggres- 
 sions had been committed against the peace, the property, and the 
 lives, of citizens of the United States, and those of the Creek nation 
 in amity with her, at the mouth of Duck river, fort Mimms, and else- 
 where, contrary to national faith, and the regard due to an article of 
 the treaty concluded at New York, in the year 1790, between the two 
 nations: that the United States, previous to the perpetration of such 
 outrages, did, in order to insure future amity and concord between 
 the Creek nation and the said states, in conformity with the stipula- 
 tions of former treaties, fulfil, with punctuality and good faith, her 
 engagements to the said nation; that more than two-thirds of the 
 whole number of chiefs and warriors of the Creek nation, disregard- 
 ing the genuine spirit of existing treaties, suffered themselves to he 
 instigated to violations of their national honor, and the respect due 
 to a part of their own nation, faithful to the United States and the 
 principles of humanity, by impostors denominating themselves pro- 
 phets, and by the duplicity and misrepresentation of foreign emissa- 
 ries, whose governments are at war, open or understood, with the 
 United States: Wherefore, 1st. The United States demand an equi- 
 valent for all expenses incurred in prosecuting the wa-r to its termi-- 
 
[10 1 7 
 
 nation, by a cession of all the territory belonging to the Creek nation, 
 within the territories of the United States, lying west, south, anil 
 southeastwardly, of a line to be run and described by persons duly 
 authorized and appointed by the President of the United States: be- 
 ginning at a point on the eastern bank of the Coosa ri\er, where the 
 soutli boundary line of the Cherokee nation crosses the same: run- 
 ning from thence down the said Coosa river, with its eastern bank, 
 according to its various meanders, to a point one mile above the 
 mouth of Cedar creek, at fort Williams, thence east two miles, thence 
 south two miles; thence west, to the eastern bank of the said Coosa 
 river; thence down the eastern bank thereof, according to its various 
 meanders, to a point opposite the upper end of the great falls, ( called 
 by the natives Woetumka;) thence east from a true meridian line, to 
 a point due north of the Ofucskee, thence south, by a like meridian 
 line, to the mouth of Ofucskee, on the south side of the Tallapoosa 
 river; thence, up the same, according to its various meanders, to a 
 point where a direct course will cross the same, at the distance often 
 miles from the mouth thereof; thence, a direct line to the mouth of 
 Summochico creek, which empties into the Chatahouchce river, on 
 the east side thereof, below the Eufaulau town; thence east, from a 
 true meridian line, to a point which shall intersect the line now di- 
 viding the lands claimed by the said Creek nation from those claimed 
 and owned by the state of Georgia: provided, nevertheless, that 
 where any possession of any chief or warrior of the Creek nation, 
 who shali have been friendly to the United States during the war, 
 and taken an active part therein, shall be within the territory ceded 
 by these articles to the United States, every such person shall be en- 
 titled to a reservation of land within the said territory, of one mile 
 square, to include his improvements, as near the centre thereof as 
 may be, which shall enure to the said chief or warrior, and his de- 
 scendants so long as he or they shall continue to occupy the same, 
 who shall be protected by, and subject to, the laws of the United^ 
 States; but upon the voluntary abandonment thereof, by such possessor 
 or his descendants, the right of occupancy or possession of said 
 lands shall devolve to the United States, and be identified with the 
 right of property ceded hereby." 
 
 "Art. 2. The United States will guaranty to the Creek nation 
 the integrity of all their territory eastwardly and northwardly of 
 the said line, to he run and described as mentioned in the first article." 
 
 Extracts from the treaty with that portion of the Cherokee Indians re- 
 siding east of the Mississippi river, and also with that portion of the 
 said Indians residing on the Arkansas river, concluded on the 8th July, 
 1817. 
 
 " Whereas, in the autumn of the year one thousand eight hundred 
 and eight, a deputation from the Upper and Lower Cherokee towns, 
 
.8 [ 10 ] 
 
 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 iJnited States the impracticability of inducing the 
 nation at large to do this, and to request the establishment of a divi- 
 sion 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 con- 
 tracting their society within narrow limits, they proposed to begin 
 the establishment of fixed laws and a regular government: The depu- 
 ties 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 consider- 
 ing the petitions of both parties, on the ninth day of January, A. D. 
 one thousand eight hundred and nine, including other subjects, an- 
 swered those petitions as follows: * The United States, my children, 
 are the friends of both parties, and, as far as can be reasonably ask- 
 ed, they are willing to satisfy the wishes of both. Those who remain 
 may be assured of our patronage, our aid, and good neighborhood. 
 Those who wish to remove, are permitted to send an exploring party 
 to r3Connoitre the country on the waters of the Arkansas and White 
 rivers, and the higher up the better, as they will be the longer unap- 
 proached by our settlements, which will begin at the mouths of those 
 livers. The regular districts of the government of St. Louis are al- 
 ready 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 pel- 
 tries 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 Pre- 
 sident 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 ratifi- 
 cation 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 th.ey have left, and which they are about to 
 
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 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 ef- 
 fect 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 na- 
 tion, have agreed and concluded on the following articles, viz: 
 
 " Art. 1. The chiefs, head men, and warriors, of the whole Chero- 
 kee 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- 
 houchcc river; thence, up the Chatahouchee 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. 
 
 " Art. 2. The chiefs ,head men, and warriors, of the whole Chero- 
 kee nation, do also cede to the United States all the lands lying north 
 and west of the following boundary lines, viz: Beginning at the In- 
 dian boundary line that runs from the north bank of the Tennessee 
 river, opposite to the mouth of Hiwassee river, at a point on the top 
 ofWahlen'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. 
 
 " Art. 3. It is also stipulated, by the contracting parties, that a 
 census shall betaken of the whole Cherokee nation, during the month 
 of June, in the year of our Lord one thousand eight hundred and 
 eighteen, in the following manner, 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 Presi- 
 dent of the United States, and a commissioner appointed by the Che- 
 rokees 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 com- 
 missioner appointed by the President of the United States, and one 
 appointed by the Cherokees east of the Mississippi river. 
 
 " Art. 4. The contracting parties do also stipulate that the annuity 
 due from the United States to the whole Cherokee nation for the year 
 one thousand eight hundred and eighteen, is to bedivided between the 
 
10 [ 10 ] 
 
 two parts of the nation in proportion to their numbers, agreeably to 
 the stipulations contained in the third 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 first and second articles of this 
 treaty." 
 
 " Art. 8. 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 six hundred and forty 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 third 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 first and second articles of this treaty." 
 
 Extract from the Treaty with the Cherokee nation of Indians, concluded 
 at Washington, the 27th February, 1819. 
 
 ft Whereas a greater part of the Cherokee nation have expressed an 
 earnest desire to remain on this side the Mississippi, and being de- 
 sirous, in order to commence those measures which they deem neces- 
 sary to the civilization and preservation of their nation, that the treaty 
 between the United States and them, signed the eighth of July, 
 eighteen hundred aud seventeen, might, without further delay, or the 
 trouble or expense of taking the census, as stipulated in the said treaty, 
 be finally adjusted, have offered to cede to the United States a tract 
 of country at least as extensive as that which they probably are enti- 
 tled to under its provisions, the contracting parties have agreed to 
 and concluded the following articles: 
 
 " Art. 1. The Cherokee nation cedes to the United States all of 
 their lands lying north and east of the following line, viz: Beginning 
 on the Tennessee river, at the point where the Cherokee boundary 
 with Madison county, in the Alabama territory, joins the same; 
 thence, along the main channel of said river, to the mouth of the 
 
[ 10 ] 11 
 
 Hiwassee; thence, along its main channel, to the first hill which 
 closes in on said river, about two miles above Hiwassec Old Town; 
 thence, along the ridge which divides the waters of the Hiwassee 
 and Little Tellico, to the Tennessee river, at Tallassee; thence, along 
 the main channel, to the junction of the Cowee and Nantcyalee; 
 thence, along the ridge in the fork of said river, to the top of the 
 Blue Ridge; thence, along the Blue Ridge, to the Unicoy Turnpike 
 Road; thence, by a straight line, to the nearest main source of the 
 Chestatee; thence, along its main channel, to the Chatahoucb.ee; and, 
 thence, to the Creek boundary; it being understood, that all the isl- 
 ands in the Chestatee, and the parts of the Tennessee and Hiwas- 
 see, (with the exception of Jolly's Island, in the Tennessee, near the 
 mouth of the Hiwassee,) which constitute a portion of the present 
 boundary, belong to the Cherokee nation; and, it is also understood, 
 that the reservations contained in the second article of the treaty of 
 Tellico, signed the twenty-fifth October, eighteen hundred and five, 
 and a tract equal to twelve miles square, to be located by commenc- 
 ing at the point formed by the intersection of the boundary line of 
 Madison county, already mentioned, and the north bank of the Ten- 
 nessee river; thence, along the said line, and up the said river twelve 
 miles, are ceded to the United States, in trust for the Cherokee na- 
 tion as a school fund; to be sold by the United States, and the pro- 
 ceeds vested as is hereafter provided in the fourth article of this trea- 
 ty; and, also, that the rights vested in the Unicoy Turnpike Compa- 
 ny, by the Cherokee nation, according to certified copies of the in- 
 struments securing the rights, and herewith annexed, are not to be 
 affected by this treaty; and, it is further understood and agreed, by 
 the said parties, that the'lands hereby ceded by the Cherokee nation, 
 are in full satisfaction of all claims which the United States have on 
 thein, on account of the cession to a part of their nation who have or 
 may hereafter emigrate to the Arkansas; and this treaty is a final 
 adjustment of that of the eighth of July, eighteen hundred and seven- 
 teen. 
 
 " Art. 2. The United States agree to pay, according to the stipula- 
 tions contained in the treaty of the eighth of July, eighteen hundred 
 and seventeen, for all improvements on land lying within the country 
 eeded by the Cherokecs, which add real value to the land, and do 
 agree to allow a reservation of six hundred arid forty acres to each 
 head of any Indian family residing within the ceded territory, those 
 enrolled for the Arkansas excepted, who choose to become citizens 
 of the United States, in the manner stipulated in said treaty. 
 
 " Art. 3. It is also understood and agreed by the contracting par- 
 ties, that a reservation, in fee simple, of six hundred and forty acres 
 square, with the exception of Major Walker's, which is to be located 
 as is hereafter provided, to include their improvements, and which 
 are to be as near the centre thereof as possible, shall be made to each 
 of the persons whose names are inscribed on the certified list annexed 
 to this treaty, all of whom are believed to be persons of industry, and 
 capable of managing their property with discretion, and have, with 
 
12 [ 10 ] 
 
 few exceptions, made considerable improvements on the tracts re- 
 served. The reservations are made on the condition, that those for 
 whom they are intended shall notify, in writing, to the agent for the 
 Cherokee nation, within six months after the ratification of this 
 treaty, that it is their intention to continue to reside permanently on 
 the land reserved. 
 
 " The reservation for Lewis Ross, so to he laid off as to include his 
 house, and out-buildings, and ferry adjoining the Cherokee agency, 
 reserving to thfi United States all the public property there, and the 
 continuance of the said agency where it now is, during the pleasure 
 of the government; and Major Walker's, so as to include his dwelling 
 house and ferry: for Major SValker an additional reservation is made 
 of six hundred and forty acres square, to include his grist and saw 
 mill; the land is poor, and principally valuable for its timber. In 
 addition to the above reservation;, the following are made, in fee 
 simple; the persons for whom they are intended not residing on the 
 same: To Cabbin Smith, six hundred and forty acres, to be laid oft' 
 in equal parts, on both sides of his ferry on Tellico,' commonly called 
 Blair's ferry; to John Ross, six hundred and forty acres, to be laid 
 off so as to include the Big Island in Tennessse river, being the first 
 below Tellico — which tracts of land were given many years since, by 
 the Cherokee nation, to them; to Mrs. Eliza Ross, step-daughter of 
 Major Walker, six hundred and forty acres square, to be located on 
 the river below and adjoining Major Walker's; to Margaret Morgan, 
 six hundred and forty acres square, to be located on the west of, and 
 adjoining, James Riley's reservation; to George Harlin, six hundred 
 and forty acres square, to be located west of, and adjoining, the reser- 
 vation of Margaret Morgan; to James Lowfy, six hundred and forty 
 acres square, to be located at Crow Mocker's old place, at the foot of 
 Cumberland mountain; to Susannah Lowry, six hundred and forty 
 acres, to be located at the Toll Bridge on Battle Creek; to Nicholas 
 Byers, six hundred and forty acres, including the Toqua Island, to 
 be located on the north bank of the Tennessee, opposite to said island. 
 
 " Art. 4. The United States stipulate that the reservations, and the 
 tract reserved for a school fund, in the first article of this treaty, shall 
 be surveyed and sold, in the same manner, and on the same terms, 
 with the public lands of the United States, and the proceeds vested, 
 under the direction of the President of the United States, in the stock 
 of the United States, or such other stock as he may deem most advan- 
 tageous to the Cherokee nation. The interest or dividend on said 
 stock shall be applied, under his direction, in the manner which he 
 shall judge best calculated to diffuse the benefits of education among 
 the Cherokee nation on this side of the Mississippi."