ARTICLE 1.
All former treaties, which provide for the maintenance of peace and preventing
of crimes, are on this occasion recognized and continued in force.
ARTICLE 2.
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 site of the garrisons at South West Point and Tellico are
become not the most convenient and suitable places for 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.
ARTICLE 3.
In consideration of the above cession and relinquishment, the United States
agree to pay immediately three thousand dollars in valuable merchandise, and
eleven thousand dollars within ninety days after the ratification of this treaty,
and also an annuity of three thousand dollars, the commencement of which is
this day. But so much of the said eleven thousand dollars, as the said Cherokee
may agree to accept in useful articles of, and machines for, agriculture and
manufactures, shall be paid in those articles, at their option.
ARTICLE 4.
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 neighborhood 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.
ARTICLE 5.
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.
Return J. Meigs,
Daniel Smith.
Fox, or Ennollee, his x mark, [L. S.]
Path Killer, or Nenohuttahe, his x mark, [L. S.]
Glass, or Tauquatehee, his x mark [L. S.]
Double head, or Dhuqualutauge, his x mark, [L. S.]
Dick Justice, his x mark, [L. S.]
Tounhull, or Toonayeh, his x mark, [L. S.]
Turtle at Home, or Sullicooahwolu, his x mark, [L. S.]
Chenawee, his x mark, [L. S.]
Slave Boy, or Oosaunabee, his x mark, [L. S.]
Tallotiskee, his x mark, [L. S.]
Broom, or Cunnaweesoskee, his x mark. [L. S.]
John Greenwood, or Sour Mush, his x mark, [L. S.]
Chulioah, his x mark, [L. S.]
Katigiskee, his x mark, [L. S.]
William Shawry, or Eskaculiskee, his x mark, [L. S.]
Taochalar, his x mark, [L. S.]
James Davis, or Coowusaliskee, his x mark, [L. S.]
John Jolly, or Eulatakee, his x mark, [L. S.]
Bark, or Eullooka, his x mark, [L. S.]
John McLemore, or John Euskulacau, his x mark, [L. S.]
Big Bear, or Yohanaqua, his x mark, [L. S.]
Dreadfulwater, or Aumaudoskee, his x mark, [L. S.]
Challaugittihee, his x mark, [L. S.]
Calliliskee, or Knife Sheath, his x mark, [L. S.]
Closenee, his x mark, [L. S.]
Challow, or Kingfisher, his x mark, [L. S.]
John Watts, jr., his x mark, [L. S.]
Sharp Arrow, or Costarauh, his x mark, [L. S.]
John Dougherty, or Long John, his x mark, [L. S.]
Tuckasee, or Terrapin, his x mark, [L. S.]
Tuskegittihee, or Long Fellow, his x mark, [L. S.]
Tochuwor, or Red Bird, his x mark, [L. S.]
Catihee, or Badgerson, his x mark, [L. S.]
Witnesses:
Rob Purdy, secretary to the commissioner,
W. Yates, Lieutenant Artillerists,
Wm. L. Lovely, assistant agent,
Nicholas Byers, United States factor,
Go. W. Campbell,
Will. Polk,
James Blair,
Jno. Smith, T.
Thomas N. Clark,
Chas. Hicks, interpreter.
