Page:United States Statutes at Large Volume 7.djvu/499

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TREATY WITH THE CHEROKEES. 1836.
489

nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-emptions and of the sum of three hundred thousand dollars for spoliations described in the 1st article of the above-mentioned treaty. This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund.

But it is expressly understood that the subject of this article is merely referred hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty.

Provisions for agency reservation not to interfere, &c. Article 4. It is also understood that the provisions in article 16, for the agency reservation is not intended to interfere with the occupant right of any Cherokees should their improvement fall within the same.

It is also understood and agreed, that the one hundred thousand dollars appropriated in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.

Expense of negotiation to be defrayed by the U.S. Article 5. The necessary expenses attending the negotiation of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States.

In testimony whereof John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirty-six.

J. F. SCHERMERHORN.


Major Ridge,
James Foster,
Tah-ye-ske,
Long Shell Turtle,
John Fields,
James Fields,
George Welch,
Andrew Ross,
William Rogers,
John Gunter,

John A. Bell,
Jos. A, Foreman,
Robert Sanders,
Elias Boudinot,
Johnson Rogers,
James Starr,
Stand Watie,
John Ridge,
James Rogers,
John Smith.

Witnesses:—Elbert Herring. Thos. Glascock. Alexander H. Everett. Jno. Garland, Majr. U. S. A C. A. Harris. John Robb. Wm. Y. Hansell. Saml. J. Potts. Jno. Litle. S. Rockwell.

To the Indian names are subjoined a mark and seal.

[Note.—This treaty and Supplementary Articles were ratified, with the following amendments, as expressed in the Resolution of the Senate:—“Article 17, lines 2 and 3, strike out the words ‘by General William Carroll and John F. Schermerhorn, or.’ ” “In the 4th line of the same article, after the word ‘States,’ insert ‘ by and with the advice and consent of the Senate of the United States.’ ” “Strike out the 20th article which appears as a supplemental article.”]