Page:United States Statutes at Large Volume 7.djvu/72

 ARTICLES OF A TREATY, Oct. 2, 1798. Between the United States of ./Zmerica, and the Cherokee Indians. Preamble. Wnnrtnas, the treaty made and concluded on Holston River, on the second day of July, in the year one thousand seven hundred and ninety- A¤te,p. 39. one, between the United States of America, and the Cherokee nation of Indians, had not been carried into execution, for some time thereatter, by reason of some misunderstandings which had arisen :-And whereas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect, and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made and concluded by and between them, at Philadelphia, the twenty- Ante, p. 4.:. sixth day of June, in the year one thousand seven hundred and ninety- four: In which, among other things, it was stipulated, that the boundaries mentioned in the fourth article of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said article, whenever the Cherokee nation should have ninety days’ notice of the time and place at which the commissioners of the United States intended to commence their operation: And whereas further delays in carrying the said fourth article into complete effect did take place, so that the boundaries mentioned and described therein, were not regularly ascertained and marked, until the latter part of the year, one thousand seven hundred and ninety-seven: before which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers citizens of the United States, upon the Indian lands over and beyond the boundaries so mentioned and described in the said article, and contrary to the intention of the said treaties: but which settlers were removed from the said Indian lands, by authority of the United States, as·s0on after the boundaries had been so lawfully ascertained and marked as the nature of the case had admitted: And whereas, for the purpose of doing justice to the Cherokee nation of Indians, and remedying inconveniencies arising to citizens of the United States from the adjustment of the boundary line between the lands of the Cherokees and those of the United States, or the citizens thereof; or from any other cause in relation to the Cherokees; and in order to promote the interests and safety of the said states, and the citizens thereof, the President of the United States, by and with the advice and consent of the Senate thereof, hath appointed George Walton, of Georgia, and the President of the United States hath also appointed Lieutenant-Colonel Thomas Butler, commanding the troops of the United States, in the state of Tennessee, to be commissioners for the purpose aforesaid: And who, on the part of the United States, and the Cherokee nation, by the undersigned chiefs and warriors, representing the said nation, have agreed to the following articles, namely: ARTICLE I. fence and The peace and friendship subsisting betweenjhe United States and per- Lgiglerokee people) are hereby renewed, continued, and declafed PQ]- ARTICLE II. Subsming The treaties subsisting between the present contracting parties, are treaties to ope- acknowledged to be of full and operating force; together with the con- ”*°· struction and usage under their respective articles, and so to continue. (62)