Interest due on the principal sums and arrearages thereof. the future, of the interest and arrearages. In five per cent. stock of the State of Pennsylvania, four thousand dollars, ($4,000.) In six per cent. stock of the State of the South Carolina, one thousand dollars, ($1,000.) In six per cent. stock of the State of Tennessee, seven thousand dollars, ($7,000.) In the United States six per cent. loan of 1847, five thousand eight hundred dollars, ($5,800.) And in six per cent. stock of the State of Virginia, one hundred and thirty-five thousand dollars, ($135,000.) Making the whole capital so invested, of the said permanent school fund, one hundred and ninety-seven thousand eight hundred dollars, the nett annual income of whereof was and is eleven thousand eight hundred and forty-eight dollars. All of which stocks the said United States now and do still continue to hold, or ought to have, in their hands. And it is also hereby ascertained and agreed between the parties to this treaty, that there will be due to the Cherokee Nation on the first day of January, in the year of our Lord, one thousand eight hundred and sixtytwo, for and on account of the said annually accruing interest on the said principal sums, and of arrearages thereof, the sum of sixty-five thousand six hundred and forty-four dollars and thirty-six cents, as follows, that is to say: For the instalments of interest on the permanent general fund, as invested, for July, 1860, and January and July, 1861, forty-three thousand three hundred and seventy-two dollars and thirty-six cents, ($43,372 36.) For the instalments of interest on the permanent orphan fund, as invested and uninvested, for July, 1860, and January and July, 1861, four thousand five hundred dollars, ($4,500.) For the instalments of interest on the permanent school fund, as invested, for July, 1860, and January and July, 1861, seventeen thousand seven hundred and seventy-two dollars, ($17,772.) And it not being desired by the Confederate States that the Cherokee Nation should continue to receive these annual sums of interest or the said arrearages, from the Government of the United States or otherwise have The C. S. assume any further connection with that Government: therefore, the said Confedthe payment for erate States of America do hereby assume the payment for the future of the annual interest on the said sum of five thousand dollars, part of the permanent orphan fund, which was never invested, and on so much and such parts of said principal sums as, having once been invested, may now be in the hands of the United States uninvested; and also of the annual interest on so much and such parts of the said several principal sums as may have been invested in stocks of the United States or in the bonds or stocks of any of the States other than the said Confederate States; and do agree and bind themselves regularly and punctually hereafter, on the first day of July in each and every year, to pay the same; and they do also agree and bind themselves to pay to the treasurer of the Cherokee Nation immediately upon the complete ratification of this treaty the said sum of sixty-five thousand six hundred and forty-four dollars and thirty-six cents for such interest and arrearages now due and which will be due on the first day of January, A. D., one thousand eight hundred and sixty-two, as are above stated. Also the duty of And the said Confederate States of America do hereby assume the duty collecting and pay- and obligation of collecting and paying over as trustees to the said Chering over the money accruing from the okee Nation all sums of money not hereby agreed to be assumed and paid bonds of the States by them, accruing whether from interest or capital of the bonds of the of this Confedera- several States of the Confederacy now held by the Government of the United States as trustee for the Cherokee Nation; and the said intereste held by the U. and capital, as collected, shall be paid over to the said Cherokee Nation. S. as trustee. And the said Confederate States will request the several States of the Request to the Confederacy whose bonds are so held, to provide by legislation or other- States of this Confederacy to pay wise that the capital and interest of such bonds shall not be paid to the their said bends to Government of the United States, but to the Government of the Confede- the C. S., in trust rate States in trust for the said Cherokee Nation. for the Cherokee Nation. settlement and full the U. S. And the said Confederate States of America do hereby guarantee to the The C. S. guarsaid Cherokee Nation the final settlement and full payment, upon and after antee to the Ches the restoration of peace and recognition of their independence, as of debts okee Nation final in good faith and conscience as well as in law due and owing on good and payment of all the valuable consideration by the said Confederate States and other of the principal sum of United States jointly before the secession of any of the States, of any and money due from all parts of the said several principal sums of money which may have reinained uninvested in the hands of the United States, or which may have been again received by them after investment and may now be held by them; and do also guarantee to the said Cherokee Nation the final settlement and full payment, at the same period, of the capital of any and all bonds or stocks of any State not a member of the Confederacy and of any and all stocks of the United States in which any of the Cherokee funds may have been invested. How the annus! est and the arrear to be applied. Investment of ARTICLE XLVI. All the said annual payments of interest and the arrearages shall be applied under the exclusive direction of the legislative author- payments of interity of the Cherokee Nation to the support of their Government, to the purposes of education, to the maintenance of orphans, and to such other objects for the promotion and advancement of the improvement, welfare and happiness of the Cherokee people and their descendants, as shall to the legislature seem good, the same being in accordance with treaty stipulations and maintaining unimpaired the good faith of the Cherokee Nation to those persons and in regard to those objects for whom and which it has become trustee. And the capital sums aforesaid shall be invested or reinvested with any other moneys hereby guaranteed, after the restoration of the capital sumu. peace, in stocks of the States of the Confederacy at their market price and in such as bear the highest rate of interest, or shall be paid over to the Cherokee Nation, after reasonable notice, to be invested by its authorities as its legislature may request. And no department or officer of the Government of the Confederate States shall hereafter have power to impose any conditions, limitations or restrictions on the payment to the said nation restrictions to te of any [of] said annual sums of interest, or of any arrearages, or in any imposed on the wise to control or direct the mode in which such moneys when received Payment of interby the authorities of the nation, shall be dispose of or expended. No conditions or est, &c., to the Cherokees. okees. Boundaries. ARTICLE XLVII. Whereas, by the treaty of the twenth-ninth day of Land sold by the December, A. D, one thousand eight hundred and thirty-five, the United U. S. to the CherStates of America, in consideration of the sum of five hundred thousand dollars, part of the of the sum of five millions of dollars agreed by that treaty to be paid to the Cherokee Nation for the cession of all their lands and possessions east of the Mississippi river, did covenant and agree to convey to the Cherokees and their descendants by patent in fee simple the certain tract of land between the State of Missouri and the Osage reservation, the boundary line whereof it was provided should begin at the southeast corner of the said Osage reservation and run north along the east line of the Osage lan is fifty miles to the northeast corner thereof; thence east to the west line of the State of Missouri; thence with that line south fifty miles; and thence west to the place of beginning: which tract of country was estimated to contain eight hundred thousand acres of land; and Settled on by inwhereas, the same has been seized and settled upon by lawless intruders truders from the from the northern States and may become totally lost to the Cherokees: the northern States Payment for the kees, guaranteed to Now, therefore, it is further hereby agreed between the parties to this land, should it be treaty, that in case the said tract of country should be ultimately lost to lost to the Chero- the Cherokees by the chances of war, or the terms of a treaty of peace or hem by the C. S. otherwise, the Confederate States of America do assure and guaranty to the Cherokee Nation the payment therefor of the said sum of five hundred thousand dollars, with interest thereon at the rate of five per cent. per annum from the said twenty-ninth day of December, A. D., one thousand eight hundred and thirty-five, and will either procure the payment of the same by the United States, or pay the same out of their own treasury, after the restoration of peace. Advancement to tion after the rati treaty. ARTICLE XLVIII. At the request of the authorities of of the Cherhe Cherokes Na- okee Nation, and in consideration of the unanimity and promptness of freation of this their people in responding to the call of the Confederate States for troops, and of their want of means to engage in any works of public utility and general benefit, or to maintain in successful operation their male and female seminaries of learning, the Confederate States do hereby agree to advance to the said Cherokee Nation, immediately after the ratification of this treaty, on account of the said sum to be paid for the said lands mentioned in the preceding article, the sum of one hundred and fifty thousand dollars, to be paid to the treasurer of the nation, and appropriated in such manner as the legislature may direct; and to hold in their hands as invested for the benefit of the said nation, the further sum of fifty thousand dollars, and to pay to the treasurer of said nation interest thereon, annually, on the first day of July in each year, at the rate of six per cent. per annum, which shall be sacredly devoted to the support of the said two seminaries of learning, and to no other purpose whatever. Treaty of the the US. negotia ARTICLE XLIX. It is further ascertained and agreed by and between the 6th Aug 1846, with Confederate States and the Cherokee Nation that the treaty of the sixth tad and concluded day of August, A. D., one thousand eight hundred and forty-six, was negowith three parties, tiated and concluded with the United States, by three several parties, that so wit: the Chero- is to say, the Cherokee Nation, by delegates appointed by its constituted kee Nation, the authorities; that portion of the nation known as "the treaty party," being "roaty party" and he wester Cher- those who made and those who agreed to the treaty of the year one thouokees" or "old set- sand eight hundred and thirty-five; and "the western Cherokees," or "old tlers." coran and Riggs, ington city. zooneys paid under the treaty. settlers," being those who had removed west prior to the date of that treaty, and were then residing there. That the said three parties, by their delegates, after the making of the said treaty, of the year one thousand Money borrow eight hundred and forty-six, borrowed from Corcoran and Riggs, bankers ad by the three in the city of Washington, the sum of sixty thousand dollars, upon agreeparties from Cor- ment endorsed by the Secretary of War, by which the same was to be Lanker of Wash repaid, with interest, when the moneys payable under said treaty should be appropriated, as follows, that is to say; twenty-five thousand dollars by the treaty party, twenty thousand dollars by the western Cherokees or old settler party, and fifteen thousand dollars by the Cherokee Nation. Appropriation of That at the session of Congress next after the making of that treaty, the sum of twenty-seven thousand dollars, for the Cherokee Nation, was appropriated under the eighth article of the same, and the sum of one hundred thousand dollars, under the sixth article. for the treaty party; but no ap propriation was made for the western Cherokees or old settler party, under the fourth article, (whereunder only any moneys were payable to them,) the amount due them, and which was to be wholly paid per capita, under that article, not having as yet been ascertained; that consequently the sum borrowed as aforesaid, with the accrued interest, was repaid out of the two appropriations aforesaid, one half of the principal and interest which should have been paid by the western Cherokees or old settler party, being deducted from and paid out of the appropriation made for each of the others; and there being thus paid, out of the moneys so appropriated under the eighth article, for various purposes, for the whole nation, over and above its proportion, the sum of ten thousand three hundred dollars; and out of the moneys appropriated under the sixth article, for those of the treaty party who had sustained losses and damage in consequence of the treaty of the year one thousand eight hundred and thirty-five, over and above the proportion of that party, a like sum of ten thousand three hundred dollars. That when afterwards the amount ascertained to be due to the western Cherokees or old settlers, under the fourth article, was appropriated, the whole amount was paid to and distributed among them per capita, and no part of the sum so advanced for them, out of the other and previous appropriations, was reserved, nor has any part thereof whatever hitherto been re-imbursed to those entitled to receive the same, by the western Cherokees, or by the United States, or otherwise howsoever. Therefore, it is further hereby agreed that the Confederate States will Payments agreed pay, upon the ratification of this treaty, to the Cherokee Nation, the sum to be made by the of ten thousand three hundred dollars; and will also appropriate and place ted among in the hands of the agent for the Cherokees the further sum of ten thou- claimants of the sand three hundred dollars, to be distributed among the claimants of the treaty party. treaty party, provided for by the sixth article of the said treaty, or their legal representatives under the laws of the nation, in such proportions as it shall be certified to him by Stand Watie, the only surviving member of the committee of five, appointed under that article to audit such claims, that it ought, in accordance with the allowances made by the committee, to be distributed among them. C. S. to be distribu the And it was agreed by the said eighth article of the said treaty of the Payment for year one thousand eight hundred and forty-six, that of the sum of arms taken from twenty-seven thousanddollars, provided thereby to be paid to the Chero- the Cherokees. kee Nation, the sum of five thousand dollars should be equally divided among all those whose arms were taken from them previous to their removal west, by order of an officer of the United States, and of that sum of five thousand dollars, three thousand three hundred dollars was applied to the payment in part of the proportion of the money borrowed as aforesaid, due by the Western Cherokees or Old Settler party; and as the authorities of the nation declined to receive the residue of said sum of five thousand dollars, it being but one thousand seven hundred dollars, and that residue never was paid by the United States, and still remains due by them, Therefore, it is hereby further agreed, that the Confederate States will also pay, upon the ratification of this treaty, to the treasurer of the Cherokee Nation, the further sum of one thousand seven hundred dollars; making, with the said sum of ten thousand three hundred dollars, the sum of twelve thousand dollars; and that out of the same, the sum of five thousand dollars shall, by the authorities of the nation, be distributed among those persons, and their legal representatives, whose arms were taken from them as aforesaid: and that any part of that sum finally remaining undistributed, together with the residue of seven thousand dollars, shall be used and appropriated in such manner as the national council shall direct. ARTICE L. It is hereby further agreed that all claims and demands The C. S. to asagainst the Government of the United States in favor of the Cherokee sume the payment, upon the rotificaNation or any part thereef, or of any individuals thereof, and which tion of peace, of have not been satisfied, released or relinquished, arising or accruing all claims and de under former treaties, shall be investigated upon the restoration of peace, mands of the Cheand be paid by the Confederate States, which do hereby take the place U. s. rokees against the of the United States and assume their obligations in that regard. ARTICLE LI. It is further agreed between the parties that all provisions of the treaties of the Cherokee Nation with the United States, Certain provis ions of the treaties Nation with the U. force. of the Cherokee which secure or guarantee to the Cherokee Nation or individuals thereof S., continued in any rights or privileges whatever, and the place whereof is not supplied by, and which are not contrary to the provisions of this treaty, and so far as the same are not obsolete or unnecessary, or repealed, annulled, changed or modified by subsequent treaties or laws, or by this treaty, are and shall be continued in force, as if made with the Confederate States. One youth, a na- ARTICLE LII. In further evidence of the desire of the Confederate tive of the Chero- States to advance the individual interests of the Cherokee people, it is be selected annu- further agreed, that the delegate in Congress from the Cherokee Nation ally, to be educa- nay, with the approbation of the President, annually select one youth, ted at any military a native of the nation, who shall be appointed to be educated at any Extension of the military schaol that may be established by the Confederate States, upon privilege to the the same terms as other cadets may be appointed. And the Confederate Choctaw and States also agree that the same privilege shall be exercised by the deleCreek and Semi-gate from the Choctaw and Chickasaw Nations, and the Creek and nole nations. Seminole Nations, respectively. kee Nation, may school of the C. S. Chickasaw and the General amnesty declared. When this treaty to take effect. ARTICLE LIII. A general amnesty of all past offences against the laws of the United States, and of the Confederate States, committed in the Indian country before the signing of this treaty, by any member of the Cherokee Nation, as such membership is defined by this treaty, is hereby declared; and all such persons, if any, whether convicted or not, imprisoned or at large, charged with any such offence, shall receive from the President full and free pardon, and be discharged. ARTICLE LIV. A general amnesty is hereby declared in the Cherokee Nation; and all offences and crimes committed by a member or members of the Cherokee Nation against the Nation, or against an individual or individuals, are hereby pardoned; and this pardon and amnesty shall extend as well to members of the nation now beyond its limits, as to those now resident therein. ARTICLE LV. This treaty shall take effect and be obligatory upon the contracting parties, from the seventh day of October, in the year of our Lord one thousand eight hundred and sixty-one, whenever it shall be ratified by the General Council of the Cherokee Nation, and by the provisional President and Congress, or the President and Senate of the Confederate States; and no amendment shall be made thereto by either, but it shall be wholly ratified or wholly rejected. In perpetual testimony whereof, the said Albert Pike, as Commissioner, with plenary powers, on the part of the Confederate States, doth now hereunto set his hand and affix the seal of his arms; and the said Principal and assistant Principal Chiefs, Executive Councillors and Special Commissioners, on the part of the Cherokee Nation, do hereunto set their hands and affix their seals. SEAL. Thus done and interchanged in duplicate, at the place, in the year and on the day in the beginning hereof mentioned. ALBERT TIKE, Commissioner of the Confederate States to the Indian Nations west of JNO. ROSS, Principal Chief. J. VANN, Assistant Chief. Executive Councillor. JOHN DREW, Executive Councillor. WILL. P. ROSS, Executive Councillor. Commissioner C. N. Commissioner C. N Commissioner C. N. |