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Treaty of Tellico
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October 25, 1805
7 Stat. 93
Articles of a treaty agreed upon between the United States of America,
by their commissioners Return J. Meigs and Daniel Smith, appointed to hold
conferences with the Cherokee Indians, for the purpose of arranging certain
interesting matters with the said Cherokees, of the one part, and the undersigned
chiefs and head men of the said nation, of the other part. /A/
ARTICLE I. All former treaties, which provide for the maintenance of peace
and preventing of crimes, are on this occasion recognized and continued
in force. /B/
ART. II. 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 the accommodation of the said
Indians, it may become expedient to /C/ /D/ 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.
ART. III. 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. /E/ /F/
ART. IV. 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. /G/
ART. V. 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. /H/
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.L.)
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 Costaruh, 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. A/ Proclamation, Apr. 24, 1806. B/ Former treaties
recognized. C/ Cession from the Cherokees. D/ Boundaries. E/ Payment for
the above cession. F/ Part of said payment to be machines for agriculture,
etc. G/ Citizens of United States to have the use of certain described
roads. H/ Treaty, when to take effect.
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