The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-19

i ENTs SHALL CONE, Grs.iias'
i Whereas a treaty was made and concluded a
Washington, in the District Of Columbia, on III,
sixth day of August, one thousand eight hundres
and fory-six, between the United States OF America
by their commissioners, Edmund Burke, William
| Armstrong, and Albion X. Paris; and John Ross
principal chief Of the Cherokee Nation, David Yann
William 8. Coody, Richard Taylor, L. III. Walker
Clement v. McNair, Stephen Foreman, JohT
Drew, and Richard Field, delegates duly appointed
by the regularly constituted authorities OF the Cher
okee Nation; George w. Adair, John A. Bell
Stand Waite, Joseph M. Lynch, John Huss, and
Brce Martin, delegation appointed by, and repre-
senng that portion Of the Cherokee tribe of Indians
known and recognised the ''fresty party;'' John
Brown, Captain Dutch, John l.. Mccoy, Richard
Drew, and Bills Phillips, delegates appointed by,
and representing that portion OF the Cherokee tribe
of Indians known and recognised as "Western
Cherokees," or old selilers: ftt
| And whereas, said treaty having been submitted
TO the Senate for its constitutional action thereon
the Senate did, on the eighth day of August, one
thousand eight hundred and forty-six, advise and
consent to the ratification Of the with certain
amendments: s.#a r#T.
| And whereas the said Cherokee Nation, by their
principal chief and delegates aforesaid, the said
Treaty party Of the Cherokee tribe Of Indians,
and the said "Western Cherokees," or old settlers,
by their delegates aforssa d, did, the thirteenth
day OF August, one thousand eight hundred and
fofty-six, give their free and voluntary assent to the
amendments made by the Senate in the resolution
aforesaid; which treaty, resolution Of the Senate
making the amendments 10 said treaty, and the as
sent Of the said principal chief and delegates Of the
Cherokee Nation, and said delegates Of the "Tresty
party, !" and Western Cherokee or old settlers
are in the words following, to wis ....s.
| Articles OF q treaty made and concluded al
Washington, in the District Of Columbia, between
the United States Of America, by three commission
ers, Edmund Burke, William Armstrong, end Al
bion h. Paris, and John Ross principal chief OF
the Cherokee Nation, David Vann, william s.
Coody, Richard Taylor, T. III. Walker, Clement
| v. McNair Stephen Foreman, John Drew, and
Richard Field, delegates duly appointed by the
regularly constituted authorities Of the Cherokee
Nation, George w. Adair, John A. Bell, Stand
Waite, Joseph M. Lynch, John Huss, and Brice
Martin, delegation appointed by and and repre-
senting that portion of the Cherokee tribe OF Indians
known and recognised the Treaty party;" John
Brown, Captain Dutch, John l.. Mccoy, Richard
Drew, and Ellis Phillips, delegates appointed by,
and representing that portion Of the Cherokee tribe
OF Indians known and recognised as Western
Cherokees," or "0d Settlers. . .H
Whereas serious difficulties have for a consider
able time past existed between the different portions
Of the people constituting and recognised as the
Cherokee Nation Of Indians, which il is desirable
should be speedily settled, that peace and har.
mony may be restored among them; and whereas
certain claims exist the part Of the Cherokee Ma
ton, and portions Of the Cherokee people, against
the United States; therefore, with view 10 the
final and amicable settlement Of the difficulties and
| claims before mentioned, II is mutually agreed by
the several parties to this convention as follows
| viz: . ..
ARTICLE l. That the lands now occupied by the
Cherokee Nation shall be secured to the whole
Cherokee people for their common use and benefit;
and patent shall be issued for the same, including
the eight hundred thousand acres purchased togeh-
er with the outlet west, promised by the United
States, In conformity with the provisions relating
thereto contained in the third article of the treaty OF
1895, and in the third section of the of Congress
approved May 26th, 1880, which authorizes the
President Of the United States, in making exchanges
OF lands with the Indian tribes, 'to the tribe
| or nation with which the exchange is made, that
the United States will forever and guarantee
to them, and their heirs successors, the country
so exchanged with them; and If they prefer it, that
the United States will cause patent or grant to be
| made and executed to them for the same Provided
ai,eay That such lands shall revert to the United
States, the Indians become extinct, or abandon
the same"
| ARTICLE 2. All difficulties and differences here
tofore existing between the several parties of the
Cherokee Nation arc hereby settled and adjusted
and shall as far as possible be forgotten and forever
1 buried in oblivion. All party distinctions shall
cease, except SO far as they may be necessary to
4 carry out this convention treaty. A general am
| nesty is hereby declared. All offences and crimes
committed by citizen or citizens of the Cherokee
Nation, against the Nation, or against individual
or individuals are hereby pardoned All Cherokees
who out Of the Nation, are invited and ear
nestly requested to return to their homes, where
they may live in peace, assured that they shall moi
be prosecuted for any offence heretofore committed
against the Cherokee Nation, or any individual
thereof And this pardon and amnesty shall extend
to all who may now be out the Nation, and who
shall return thereto on or before the LIST day Of De
| cennber The aeVpral ma RI tn mil In
enforcing the laws against all future ofFender. Laws
shall be passed for equal protection, and for the sc
curity of life liberty and property, and full auhor
y shall be given by law, to all any portion Of the
Cherokee people, peaceaby to assemble and petition
their own government or the government Of the Uni
ted States for the redress of grievances and to dis
cuss their rights. All armed police, light horse, and
other military organization shall be abolished, and
the laws enforced by the civil authority alone.
No one shall be punished for any crime or mis-
| demeanor, except on conviction by a jury of his
country, and the sentence Of court duly authorized
by law TO take cognizance of the offence And il !,
further agreed, all fugves from justice, except
those included in the general amnesty herein stipu
lated, seeking refuge in the territory of the United
States, shall be delivered up by the authorities o
the United States to the Cherokee Nation for trial
and punishment. aas .a.yta .awu
i ARTICLE 3. Whereas certain claims have been al
lowed by several boards Of commissioners hereto
/ under the name of improvements and spoliations
and for property of which the Indians were dispos
sessed provided for under the 10th article of tn,
treaty of 1885, and whereas the said claims hay
been paid out of the $5,000,000 fund; and wherea
said claims were not justly chargeabe to that fund
but were to be paid by the United States the saic
United States agree to reimburse the said fund, tn,
amount thus charged to said fund, and the sam,
shall form part of the aggregate amount to be dis
tributed to the Cherokee people, as provided in The
9th article Of this treaty; and whereas furthe
amount has been allowed for reservations under tn
provisious Of the 18th article of the treaty Of 1885
i by said commissioners, and has been paid out o
the said fund, and which said sums were properly
chargeable to, and should have been paid by tn,
United States, the said United States further agre
to reimburse the amounts thus paid for reservation
to said fund; and whereas the expenses of maxim,
the treaty ofNew Echota were also paid out Of sail
fund, when they should have been borne by tn,
United States, the United States agree to reirnburs
the same, and, also, to reimburse all other sums pa
to any agent Of the government, and improperly
charged to said fund.- and the same also shall form
part of the aggregate amount to be distributed to tn
Id - Atl oln