On the 10th of February, 1834, George Vashon, agent for the Western Cherokees, negotiated a treaty with them[343] having in view an adjustment of certain differences between themselves and their eastern brethren, whereby the feelings of the latter should be more favorably affected toward an emigration to the western country. The treaty provided for a readjustment of the tribal annuities proportioned to the respective numbers of the Cherokees east and west, the basis of division to be ascertained by an accurate census. The country provided for the Cherokees by the treaty of 1833 was to be enlarged so that it should equal in quantity, acre for acre, the country ceded by the Cherokees east in 1817 and 1819, as well as the proportional quantity of those who should agree to emigrate to the West under the provisions of this treaty. It was also agreed that all Cherokees should possess equal rights in the new country, and that an asylum should be established for the maintenance of the orphan children of the tribe. The negotiations thus entered into were, however, barren of results, inasmuch as President Jackson refused to recommend the treaty to the Senate for the advice and consent of that body.[344] [Footnote 335: United States Statutes at Large, Vol. VII, p. 414.] [Footnote 336: United States Statutes at Large, Vol. VII, p. 286.] [Footnote 337: See Creek treaty of 1833, United States Statutes at Large, Vol. VII, p. 417.] [Footnote 338: United States Statutes at Large, Vol. VII, p. 311.] [Footnote 339: See preamble to Creek treaty of February 14, 1833, United States Statutes at Large, Vol. VII, p. 417.] [Footnote 340: In March, 1832.] [Footnote 341: United States Statutes at Large, Vol. VII, p. 240.] [Footnote 342: United States Statutes at Large, Vol. VII, p. 478.] [Footnote 343: See Indian Office files.] [Footnote 344: See Indian Office records.] TREATY CONCLUDED DECEMBER 29, 1835; PROCLAIMED MAY 23, 1836. _Held at New Echota, Georgia, between General William Carroll and John F. Schermerhorn, commissioners on the part of the United States, and the chiefs, headmen, and people of the Cherokee tribe of Indians.[345]_ MATERIAL PROVISIONS. The preamble recites at considerable length the reasons for the negotiation of the treaty and the preliminary steps taken, following which the provisions of the treaty as concluded are given. 1. The Cherokee Nation cedes to the United States all the land claimed by said Nation east of the Mississippi River, and hereby releases all claims on the United States for spoliations of every kind for and in consideration of $5,000,000. In case the United States Senate should decide that this sum does not include spoliation claims, then $300,000 additional should be allowed for that purpose.