The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))Royce, Charles C.
History
The Cherokee Nation of Indians. (1887 N 05 / 1883-1884 (pages 121-378))
Royce, Charles C.
Cherokee Indians -- Government relations; Cherokee Indians -- Treaties
2. All difficulties and differences heretofore existing between the
several parties of the Cherokee Nation are declared to be settled and
adjusted. A general amnesty for all offenses is declared and fugitives
may return without fear of prosecution. Laws shall be passed for the
equal protection of all. All armed police or military organizations shall
be disbanded and the laws executed by civil process. Trial by jury is
guaranteed.
3. The United States agree to reimburse to the Cherokee Nation all
sums unjustly deducted for claims, reservations, expenses, etc., from
the consideration of $5,000,000 agreed to be paid under the treaty of
1835 to the Cherokees for their lands, and to distribute the same as
provided in the ninth article of that treaty.
4. The board of commissioners recently appointed by the President
have declared that under the provisions of the treaty of 1828 the "Old
Settlers," or Western Cherokees, had no exclusive title to the lands
ceded by that treaty as against the Eastern Cherokees, and that by
the equitable operation of that treaty the former acquired a common
interest in the Cherokee lands east of the Mississippi. This interest of
the "Old Settlers" was unprovided for by the treaty of 1835. It is
therefore agreed that a sum equal to one-third of the residuum of per
capita fund left after a proper adjustment of the account for distribution
under the treaty of 1835 shall be paid to said "Old Settlers," and
that in so doing, in estimating the cost of removal and subsistence, it
shall be based upon the rate fixed therefor in the eighth article of the
treaty of 1835. In consideration of the foregoing the "Old Settlers"
release to the United States all interest in the Cherokee lands east of
the Mississippi and all claim to exclusive ownership in the Cherokee
lands west of the Mississippi.
5. The per capita allowance to the "Western Cherokees," or "Old
Settlers," upon the principle above stated, shall be held in trust by the
United States and paid out to each individual or head of family or his
representative entitled thereto in person. The President of the United
States shall appoint five persons as a committee from the "Old Settlers"
to determine who are entitled to the per capita allowance.
6. The United States agree to pay the "Treaty party" the sum of
$115,000 for losses and expenses incurred in connection with the treaty
of 1835, of which $5,000 shall be paid to the legal representatives
or heirs of Major Ridge, $5,000 to those of John Ridge, and $5,000
to those of Elias Boudinot. The remainder shall be distributed among
those who shall be certified by a committee of the "Treaty party" as
entitled, provided that the present delegation of the party may deduct
$25,000, to be by them applied to the payment of claims and expenses.
And if the said sum of $100,000 should be insufficient to pay all
claims for losses and damages, then the claimants to be paid pro rata
in full satisfaction of said claims.
Public-domain text, read in full here on John Shaqi.
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