Page:United States Statutes at Large Volume 7.djvu/206

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196 TREATY WITH THE CHEROKEES. 1819. Tennessee, near the mouth of the Highwassee,) which constitute a portion of the present boundary, belong to the Cherokee nation; and it is also understood, that the reservations contained in the second article of the treaty of Tellico, signed the twenty-fifth October, eighteen hundred and live, and a tract equal to twelve miles square, to be located by commencing at the point formed by the intersection of the boundary line of Madison county, already mentioned, and the north bank of the Tennessee river; thence, along the said line, and up the said river twelve miles, are ceded to the United States, in trust for the Cherokee nation as a school fund; to be sold by the United States, and the proceeds vested as is hereafter provided in the fourth article of this treaty; and, also, that the rights vested in the Unicoy Turnpike Company, by the Cherokee nation, according to certified copies of the instruments securing the rights, and herewith annexed, are not to be affected by The lands this treaty; and it is further understood and agreed by the said parties, h¤¤'€bY ceded, that the lands hereby ceded by the Cherokee nation, are in full satisfac- ?;:,;§,if“g§?"°` tion of all claims which the United States have on them, on account of the cession to a part of their nation who have or may hereafter emigrate to the Arkansaw; and this treaty is a final adjustment of that of the eighth of July, eighteen hundred and seventeen. U. S. to pay Am`. 2. The United States agree to pay, according to the stipulations f°*'lmP’°V€·d d contained in the treaty of the eighth of July, eighteen hundred and

 °° °° ° seventeen, for all improvements on land lying within the country ceded

by the Cherokees, which add real value to the land, and do agree to allow a reservation of six hundred and forty acres to each head of any Indian family residing within the ceded territory, those enrolled for the Arkansaw excepted, who choose to become citizens of the United States, in the manner stipulated in said treaty. Gmngof land Amt 3. It is also understood and agreed by the contracting parties, to each person that a reservation, in fee simple, of six hundred and forty acres square, $2;;*; gym;" with the exception of Major Vi/alker’s, which is to be located as is heretreaty, except after provided, to include their improvements, and which are to be as Major Walker. near the centre thereof as possible, shall be made to each of the persons whose names are inscribed on the certified list annexed to this treaty, all of whom are believed to be persons of industry, and capable of managing their property with discretion, and have, with few exceptions, Notice to be made considerable improvements on the tracts reserved. The reservagiven ¤fi¤¢9¤· tions are made on the condition, that those for whom they are intended

,;gf"m°° shall notify, in writing, to the agent for the Cherokee nation, within six

months after the ratification of this treaty, that it is their intention to continue to reside permanently on the land reserved. Reservations_ The reservation for Lewis Ross, so to be laid off as to include his house, and out-buildings, and ferry adjoining the Cherokee agency, reserving to the United States all the public property there, and the continuance of the said agency where it now is, during the pleasure of the government; and Major Walker’s, so as to include his dwelling house and ferry: for Major Walker an additional reservation is made of six hundred and forty acres square, to include his grist and saw mill; the Addiiiomii rE_ land is poor, and principally valuable for its timber, In addition to the servations. above reservations, the following are made, in fee simple; the persons for whom they are intended not residing on the same: To Cabbin Smith, six hundred and forty acres, to be laid off in equal parts, on both sides of his ferry on Tellico, commonly called Blair’s ferry; to John Ross, six hundred and forty acres, to be laid off so as to include the Big Island in Tennessee river, being the first below 'I`ellic0—-which tracts of land were given many years since, by the Cherokee nation, to them; to Mrs. Eliza Ross, step daughter of Major \Valker, six hundred and forty acres square, to be located on the river below and adjoining