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A TREATY

Between the United States of America, and the tribes of Indians Aug. 21, 1805. called the Delawares, Pottawatimies, Miames, Eel River, and Weas.

ARTICLES of a treaty made and entered into, at Grouseland, near Vincennes, in the Indiana territory, by and between William Henry Harrison, governor of said territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States, for treating with the north western tribes of Indians, of the one part, and the tribes of Indians called the Delewares, Putawatimis, Miamis, Eel River, and Weas, jointly and severally by their chiefs and head men, of the other part.

Proclamation, April 24, 1806.

Delawares re

claim.

Ante, p. 81.

ARTICLE I. Whereas, by the fourth article of a treaty made between the United States and the Delaware tribe, on the eighteenth day of linquish their August, eighteen hundred and four, the said United States engaged to consider the said Delewares as the proprietors of all that tract of country which is bounded by the White river on the north, the Ohio and Clark's grant on the south, the general boundary line running from the mouth of Kentucky river on the east, and the tract ceded by the treaty of fort Wayne, and the road leading to Clark's grant on the west and south west. And whereas, the Miami tribes, from whom the Delawares derived their claim, contend that in their cession of said tract to the Delewares, it was never their intention to convey to them the right of the soil, but to suffer them to occupy it as long as they thought proper, the said Delewares have, for the sake of peace and good neighbourhood, determined to relinquish their claim to the said tract, and do by these presents release the United States from the guarantee made in the before-mentioned article of the treaty of August, eighteen hundred and

four.

ART. II. The said Miami, Eel River, and Wea tribes, cede and relinquish to the United States forever, all that tract of country which lies to the south of a line to be drawn from the north east corner of the tract ceded by the treaty of fort Wayne, so as to strike the general boundary line, running from a point opposite to the mouth of the Kentucky river, to fort Recovery, at the distance of fifty miles from its commencement on the Ohio river.

ART. III. In consideration of the cession made in the preceding article, the United States will give an additional permanent annuity to said Miamis, Eel River, and Wea tribes, in the following proportions, viz: to the Miamis, six hundred dollars; to the Eel River tribe, two hundred and fifty dollars; to the Weas, two hundred and fifty dollars; and also to the Putawatemies, an additional annuity of five hundred dollars, for ten years, and no longer; which, together with the sum of four thousand dollars which is now delivered, the receipt whereof they do hereby acknowledge, is to be considered as a full compensation for the land now ceded.

ART. IV. As the tribes which are now called the Miamis, Eel River, and Weas, were formerly and still consider themselves as one nation, and as they have determined that neither of these tribes shall dispose of any part of the country which they hold in common; in order to quiet their minds on that head, the United States do hereby engage to

Cession of the Miamies, &c.

An additional

permanent annuity to be given to the Miamies, &c.

Miamies, &c. determine not to

part with any of their territory without the parties.

consent of all

3

Putawatimies, &c. acknow

consider them as joint owners of all the country on the Wabash and its waters, above the Vincennes tract, and which has not been ceded to the United States, by this or any former treaty; and they do farther engage that they will not purchase any part of the said country without the consent of each of the said tribes. Provided always, That nothing in this section contained, shall in any manner weaken or destroy any claim which the Kickapoos, who are not represented at this treaty, may have to the country they now occupy on the Vermillion river.

ART. V. The Putawatimies, Miami, Eel River, and Wea tribes, explicitly acknowledge the right of the Delawares to sell the tract of ledge the right land conveyed to the United States by the treaty of the eighteenth day of August, eighteen hundred and four, which tract was given by the Piankashaws to the Delawares, about thirty-seven years ago.

of the Dela

wares to sell, &c.

Annuities, how to be paid.

Treaty, when to take effect.

ART. VI. The annuities herein stipulated to be paid by the United States, shall be delivered in the same manner, and under the same conditions as those which the said tribes have heretofore received.

ART. VII. This treaty shall be in force and obligatory on the contracting parties as soon as the same shall have been ratified by the President, by, and with the advice and consent of the Senate of the United States.

IN TESTIMONY WHEREOF, The said commissioner plenipotentiary of the United States, and the sachems, chiefs, and head men of the said tribes, have hereunto set their hands and affixed their seals. DONE at Grouseland, near Vincennes, on the twenty-first day of August, in the year eighteen hundred and five; and of the independence of the United States the thirtieth.

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Done in the presence of, B. Parke, Secretary to the Commissioner. Jno. Gibson, Secretary Indiana Territory. John Griffin, a judge of the Indiana Territory. B. Chambers, President of the Council. Jesse B. Thomas, Speaker of the House of Representatives. Jno. Rice Jones, Saml: Gwathmey, Pierre Menard, Members of the Legislative Council Indiana Territory. Davis Floyd, Shadrack Bond, William Biggs, John Johnson, Members of the House of Representatives Indiana Territory. W. Wells, Agent of Indian Affairs. Vigo, Colonel of Knox county militia. John Conner, Joseph Barrout, Sworn Interpreters.

To the Indian names are subjoined a mark and seal.

ADDITIONAL ARTICLE.

It is the intention of the contracting parties, that the boundary line herein directed to be run from the north east corner of the Vincennes

tract to the boundary line running from the mouth of the Kentucky river, shall not cross the Embarras or Drift Wood fork of White river, but if it should strike the said fork, such an alteration in the direction of the said line is to be made, as will leave the whole of the said fork in the Indian territory.

ARTICLES OF A TREATY

Agreed upon between the United States of America, by their commissioners Return J. Meigs and Daniel Smith, appointed to hold conferences with the Cherokee Indians, for the purpose of arranging certain interesting matters with the said Cherokees, of the one part, and the undersigned chiefs and head men of the said nation, of the other part.

Oct. 25, 1805.

Proclamation, April 24, 1806.

Former trea

ARTICLE I. All former treaties, which provide for the maintenance of peace and preventing of crimes, are on this occasion recognised and ties recognised. continued in force.

ART. II. The Cherokees quit claim and cede to the United States, all the land which they have heretofore claimed, lying to the north of the following boundary line: beginning at the mouth of Duck river, running thence up the main stream of the same to the junction of the fork, at the head of which fort Nash stood, with the main south fork; thence a direct course to a point on the Tennessee river bank opposite the mouth of Hiwassa river. If the line from Hiwassa should leave out Field's Settlement, it is to be marked round his improvement, and then continued the straight course; thence up the middle of the Tennessee river, (but leaving all the islands to the Cherokees,) to the mouth of Clinch river; thence up the Clinch river to the former boundary line agreed upon with the said Cherokees, reserving at the same time to the use of the Cherokees, a small tract lying at and below the mouth of Clinch river; from the mouth extending thence down the Tennessee river, from the mouth of Clinch to a notable rock on the north bank of the Tennessee, in view from South West Point; thence a course at right angles with the river, to the Cumberland road; thence eastwardly along the same, to the bank of Clinch river, so as to secure the ferry landing to the Cherokees up to the first hill, and down the same to the mouth thereof, together with two other sections of one square mile each, one of which is at the foot of Cumberland mountain, at and near the place where the turnpike gate now stands; the other on the north bank of the Tennessee river, where the Cherokee Talootiske now lives. And whereas, from the present cession made by the Cherokees, and other circumstances, the scite of the garrisons at South West Point and Tellico are become not the most convenient and suitable places for the accommodation of the said Indians, it may become expedient to remove the said garrisons and factory to some more suitable place; three other square miles are reserved for the particular disposal of the United States on the north bank of the Tennessee, opposite to and below the mouth of Hiwassa.

ART. III. In consideration of the above cession and relinquishment, the United States agree to pay immediately three thousand dollars in valuable merchandize, and eleven thousand dollars within ninety days after the ratification of this treaty, and also an annuity of three thou

Cession from the Cherokees. Boundaries.

Payment for the above ces

sion.

Part of said

payment to be machines for

sand dollars, the commencement of which is this day. But so much of the said eleven thousand dollars, as the said Cherokees may agree to agriculture, &c. accept in useful articles of, and machines for, agriculture and manufac tures, shall be paid in those articles, at their option.

Citizens of

U. S. to have the use of certain described roads.

Treaty, when to take effect.

ART. IV. The citizens of the United States shall have the free and unmolested use and enjoyment of the two following described roads, in addition to those which are at present established through their country; one to proceed from some convenient place near the head of Stone's river, and fall into the Georgia road at a suitable place towards the southern frontier of the Cherokees. The other to proceed from the neighbourhood of Franklin, on Big Harpath, and crossing the Tennessee at or near the Muscle Shoals, to pursue the nearest and best way to the settlements on the Tombigbee. These roads shall be viewed and marked out by men appointed on each side for that purpose, in order that they may be directed the nearest and best ways, and the time of doing the business the Cherokees shall be duly notified.

ART. V. This treaty shall take effect and be obligatory on the contracting parties, as soon as it is ratified by the President of the United States, by and with the advice and consent of the Senate of the same.

IN TESTIMONY WHEREOF, the said commissioners, and the undersigned chiefs and head men of the Cherokees have hereto set their hands and seals. DONE at Tellico the twenty-fifth day of October, one thousand eight hundred and five.

A reserve being made in the margin of the first column, to Dick Fields, for his improvement, and two interlineations being first made.

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tenant Artillerists. Wm. L. Lovely, Assistant Agent. Nicholas Byers, United States' Factor. Geo. W. Campbell. Will. Polk. James Blair. Jno. Smith, jun. Thomas N. Clark. Chs. Hicks, Interpreter.

To the Indian names are subjoined a mark and seal.

ARTICLES OF A TREATY

Oct. 27, 1805.
Proclamation,

Between the United States of America, by their commissioners, Return J. Meigs and Daniel Smith, who are appointed to hold conferences with the Cherokees for the purpose of arranging certain June 10, 1806. interesting matters with the said Indians, of the one part, and the undersigned chiefs and head men of the Cherokees, of the other part.

Cession of cer

United States.

ART. 1st. Whereas it has been represented by the one party to the other, that the section of land on which the garrison of South West tain land to the Point stands, and which extends to Kingston, is likely to be a desirable place for the assembly of the state of Tennessee to convene at (a committee from that body now in session having viewed the situation) now the Cherokees being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes, and not for individual advantages, (reserving the ferries to themselves,) quit claim and cede to the United States the said section of land, understanding at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the government; we also cede to the United States the first island in the Tennessee, above the mouth of Clinch.

ART. 2d. And whereas the mail of the United States is ordered to be carried from Knoxville to New-Orleans, through the Cherokee, Creek and Choctaw countries; the Cherokees agree that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbe, to be laid out by viewers appointed on both sides, who shall direct it the nearest and best way; and the time of doing the business the Cherokees shall be notified of.

ART. 3d. In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians sixteen hundred dollars in money, or useful merchandize at their option, within ninety days after the ratification of this treaty.

Cherokees

grant the free

use of a road through their country for the carriage of the

mail.

Payment to Cherokees.

ART. 4th. This treaty shall be obligatory between the contracting Treaty, when parties as soon as it is ratified by the President, by and with the advice to take effect. and consent of the Senate of the United States.

IN TESTIMONY WHEREOF, the said commissioners, and the undersigned chiefs and head men of the Cherokees have hereto set their hands and seals.

Done at Tellico, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and five.

RETURN J. MEIGS,
DANL. SMITH.

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