Page:United States Statutes at Large Volume 7.djvu/168

 153 TREATY WITH THE CHEROKEES. 1817. 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. Annuimhow Ayer 4. The contracting parties do also stipulate that the annuity to be divided due from the United States to the whole Cherokee nation for the year lé°,;w°i“ ‘h° one thousand eight hundred and eighteen, is to be divided between the em ecs` two parts of the nation in proportion to their numbers, agreeably to the stipulations contained in the third articlelof this treaty; and to be continued to be divided thereafter in proportion go {pen gusmbtersg and ge lands to be a ortioned and surrendered tot e nite ta es agreea y to the aforesiiiid 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. Thcu S ,0 Am-. 5. The United States bind themselves, in exchange for the g,,,, us Q,,,,,,;, lands ceded in the first and second articles hereof, to give to that part hind. &·c; as of the Cherokee nation on the Arkansas as much land on said river and }h°Y '°°°w" White river as they have or may hereafter receive from the Cherokee rom the Che-, . . . . . . mpc5s_ nation east of the Mississippi, acre for acre, as the just proportion due that part of the nation on the Arkangas agreeaéplyi to their numbers; which is to commence on the north si e of the r ansas 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 bptween sajd rlgrers fpr complement, the banks of which rivers to be the ines; an to ave the abovle line, from the point of beginning to the point on Vi/hite river, run and marked, which shall be done soon after the ratification of this treaty; and all citizens of the United States, except Mrs. P Lovely, who is to remain where she lives during life, removed from within the Foymgytpeaties bounds as above named. And it is further stipulated, that the treaties in f¤r<=c· 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. Ride guns, ART. 6. The United States do also bind themselves to give to all the ummuuiticn. poor warriors who may remove to the western side of the Mississippi river, one ride gun and ammunition, one blanket, and one brass kettle, mkss improve. or, in lieu of the brass kettle, a beaver trap, which is to be considered as a moms- 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 Fun c,,,,,,,,,,,_ further agree to furnish fiat bottomed boats and provisions sufficient for sation for im- that purpose: and to those emigrants whose improvements add real i’;g;${5zg*° °f 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 thi 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 Payment for notify him of; and it shall be his duty to furnish the same. mqzgvggffésl -ART.-7.- And for all improvements which add real value to the lands value ,0 cad;, lying within the boundaries ceded to the United States, by the first and lands, sw, second arucles of this treaty, the United States do agree to pay for M