Cherokee Treaty of 1817
[The 1817 treaty was the first Cherokee treaty that included a provision
for their removal from North Carolina lands. The treaty proposed exchanging Cherokee lands in the Southeast for territory
west of the Mississippi River. The government promised assistance in resettling those Cherokees who chose to remove, and approximately
1,500-2,000 complied. The Treaty of 1817 also contained a proposal for an experiment in Cherokee citizenship. Cherokees
who wished to remain on ceded land in the East could apply for a 640-acre reserve and legal rights as American citizens.]
TREATY WITH THE CHEROKEE, 1817.
July 8, 1817. | 7 Stat., 156. | Proclamation, Dec. 26, 1817.
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 authorized 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 one thousand eight hundred and eight, 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 ninth day of January, A. D. one thousand eight hundred and nine, 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 neighborhood. 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 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:
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 Chatahouchy river; thence, up 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.
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 boundry
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 northenmost fork, to its source; and thence, due
west to the Indian boundary line.
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 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 remaining, 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.
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 be divided between the 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.
The United States bind themselves in exchange for the lands ceded in the first
and second 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 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. 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 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 privilege
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.
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.
And for all improvements which add real value to the lands lying within the boundaries
ceded to the United States, by the first and second 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 sixth article of this treaty; or, in lieu thereof, to give
in exchange improvements of equal value which the emigrants may leave, and for which they are to receive pay. And it is further
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 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.
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.
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
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 seventh of January, one thousand eight hundred and six.
It is further agreed that the boundary lines of the lands ceded to the United
States by the first and second articles of this treaty, and the boundary line of the lands ceded by the United States in the
fifth 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.
The United States do also bind themselves to prevent the intrusion of any of
its citizens within the lands ceded by the first and second articles of this treaty, until the same shall be ratified by the
President and Senate of the United States, and duly promulgated.
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 eighth day of July, A. D. one
thousand eight hundred and seventeen, set our hands and seals.
Andrew Jackson, [L. S.]
Joseph McMinn, [L. S.]
D. Meriwether, [L. S.]
United States Commis'rs.
Richard Brown, his x mark, [L. S.]
Cabbin Smith, his x mark, [L. S.]
Sleeping Rabbit, his x mark, [L. S.]
George Saunders, his x mark, [L. S.]
Roman Nose, his x mark, [L. S.]
Currohe Dick, his x mark, [L. S.]
John Walker, his x mark, [L. S.]
George Lowry, [L. S.]
Richard Taylor, [L. S.]
Walter Adair, [L. S.]
James Brown, [L. S.]
Kelachule, his x mark, [L. S.]
Sour Mush, his x mark, [L. S.]
Chulioa, his x mark, [L. S.]
Chickasautchee, his x mark, [L. S.]
The Bark of Chota, his x mark, [L. S.]
The Bark of Hightower, his x mark, [L. S.]
Big Half Breed, his x mark, [L. S.]
Going Snake, his x mark, [L. S.]
Leyestisky, his x mark, [L. S.]
Ch. Hicks, [L. S.]
Young Davis, his x mark, [L. S.]
Souanooka, his x mark, [L. S.]
The Locust, his x mark, [L. S.]
Beaver Carrier, his x mark, [L. S.]
Dreadful Water, his x mark, [L. S.]
Chyula, his x mark, [L. S.]
Ja. Martin, [L. S.]
John McIntosh, his x mark, [L. S.]
Katchee of Cowee, his x mark, [L. S.]
White Man Killer, his x mark, [L. S.]
Toochalar, his x mark, [L. S.]
The Glass, his x mark, [L. S.]
Wassosee, his x mark, [L. S.]
John Jolly, his x mark,[L. S.]
The Gourd, his x mark, [L. S.]
Spring Frog, his x mark, [L. S.]
John D. Chisholm, [L. S.]
James Rogers, [L. S.]
Wawhatchy, his x mark, [L. S.]
Attalona, his x mark, [L. S.]
Kulsuttchee, his x mark, [L. S.]
Tuskekeetchee, his x mark, [L. S.]
Chillawgatchee, his x mark, [L. S.]
John Smith, his x mark, [L. S.]
Toosawallata, his x mark, [L. S.]
In presence of—
J.M. Glassel, secretary to the commission,
Thomas Wilson, clerk to the commissioners,
John Speirs, interpreter, his x mark,
A. McCoy, interpreter,
James C. Bronaugh, hospital surgeon, U. S. Army,
Isham Randolph, captain First Redoubtables,
Return J. Meigs, agent Cherokee Nation.
Source: Washington, Government Printing Office
Reading: The Cherokee Nation: A History. Description:
Conley's book, "The Cherokee Nation: A History"
is an eminently readable, concise but thoughtful account of the Cherokee people from prehistoric times to the present day.
The book is formatted in such a way as to make it an ideal text for high school and college classes. At the end of each chapter
is a source list and suggestions for further reading. Also at the end of each chapter is an unusual but helpful feature- a
glossary of key terms. The book contains interesting maps, photographs and drawings, along with a list of chiefs for the various
factions of the Cherokee tribe and nation. Continued below...
to being easily understood, a principal strength of the book is that the author questions some traditional beliefs and sources
about the Cherokee past without appearing to be a revisionist or an individual with an agenda in his writing. One such example
is when Conley tells the story of Alexander Cuming, an Englishman who took seven Cherokee men with him to England
in 1730. One of the Cherokee, Oukanekah, is recorded as having said to the King of England: "We look upon the Great King George
as the Sun, and as our Father, and upon ourselves as his children. For though we are red, and you are white our hands and
hearts are joined together..." Conley wonders if Oukanekah actually said those words and points out that the only version
we have of this story is the English version. There is nothing to indicate if Oukanekah spoke in English or Cherokee, or if
his words were recorded at the time they were spoken or were written down later. Conley also points out that in Cherokee culture,
the Sun was considered female, so it is curious that King George would be looked upon as the Sun. The "redness" of Native
American skin was a European perception. The Cherokee would have described themselves as brown. But Conley does not overly
dwell on these things. He continues to tell the story using the sources available. The skill of Conley in communicating his
ideas never diminishes. This book is highly recommended as a good place to start the study of Cherokee history. It serves
as excellent reference material and belongs in the library of anyone serious about the study of Native Americans.
Reading: Trail of Tears (Hardcover). Description: Insightful, rarely told history of Indian courage in the face of
White expansionism in the 19th century. Truth-telling tale of the ruthless brutality that forced the Native American population
into resettlement camps and reservations, with a look at the few white Americans who fought to help them. This is an amazing
book. Continued below...
and the author's gift of vision and words produce a magnificently readable narrative of the American Indian Removals. It is
very balanced with no point of view overlooked. Include many surprising appearances and plenty of twists which will make you
laugh out loud and break your heart. A very human book and an absolute must-read for anyone who wants to learn history through
the eyes and ears (and hearts) of those that experienced it. You won't be able to put it down.
Viewing: The Trail of Tears: Cherokee Legacy (2006), Starring: James Earl Jones and Wes Studi; Director: Chip Richie, Steven R. Heape.
Description: The Trail Of Tears: Cherokee Legacy is an engaging two
hour documentary exploring one of America's darkest periods in which President Andrew Jackson's Indian Removal Act of 1830 consequently
transported Native Americans of the Cherokee Nation to the bleak and unsupportive Oklahoma
Territory in the year 1838. Deftly presented by the talents of Wes Studi,
James Earl Jones, and James Garner, The Trail Of Tears: Cherokee Legacy also includes narrations of famed celebrities Crystal
Gayle, Johnt Buttrum, Governor Douglas Wilder, and Steven R. Heape. Continued below...
Cherokee Nation members which add authenticity to the production… A welcome DVD addition to personal, school, and community
library Native American history collections. The Trail Of Tears: Cherokee Legacy is strongly recommended for its informative
and tactful presentation of such a tragic and controversial historical occurrence in 19th century American history.
Reading: Rifles for Watie.
Description: This is a rich and sweeping novel-rich in its panorama of history; in its details
so clear that the reader never doubts for a moment that he is there; in its dozens of different people, each one fully realized
and wholly recognizable. It is a story of a lesser -- known part of the Civil War, the Western campaign, a part different
in its issues and its problems, and fought with a different savagery. Inexorably it moves to a dramatic climax, evoking a
brilliant picture of a war and the men of both sides who fought in it.
Reading: General Stand Watie's Confederate
Indians (University of Oklahoma
Press). Description: American Indians were courted by both the North and the South prior
to that great and horrific conflict known as the American Civil War. This is the story of the highest ranking Native American--Cherokee
chief and Confederate general--Stand Watie, his Cherokee Fighting Unit, the
Cherokee, and the conflict in the West...