Early Republic · 1797

Mohawks Relinquishment, 1797

ID T-0019

Date 1797-03-29

Articles 5

Instrument Note

Parties

Mohawk Nation (Robert Livingston, Oliver Phelps, Isaac Bronson, and Horatio Jones)

Context

Executed March 29, 1797. This is not a treaty between the United States and an Indian nation — it is an indenture between the Mohawk Nation and specific named private citizens, for the sale of specific land parcels in western New York. It appears in this volume because it was executed through a federal treaty-adjacent mechanism requiring federal sanction.

Significance

The instrument conveys two square miles of Seneca territory in Genesee County, New York, to Livingston, Phelps, Bronson, and Jones for stated consideration. This represents the allotment mechanism operating in an early form: the transfer of specific parcels from communal tribal title to individual fee ownership — but here, the recipients are not tribal members. They are non-Indian purchasers. The U.S. government's role was to authorize the transaction, not to be a party to it.

Legal Observation

Federal presence at an Indian land transaction was required by the Non-Intercourse Act to prevent fraud. That protection operated in theory. In practice, the structure created a federal imprimatur on transactions that Indian communities disputed internally. The Mohawk who signed may or may not have had authority to convey communal land by indenture. The record does not tell you.

TREATY WITH THE CHEROKEES. 1798.

ARTICLE III

The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties, shall be and remain the same, where not altered by the present treaty.

ARTICLE IV

In acknowledgement for the protection of the United States, and for the considerations hereinafter expressed and contained, the Cherokee nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and lines, viz. From a point on the Tennessee river, below Tellico block-house, called the Wild-cat Rock, in a direct line to the Militia spring, near the Mary-ville road leading from Tellico. From the said spring to the Chill-howie moun- tain, by a line so to be run, as will leave all the farms on Nine-mile Creek to the northward and eastward of it; and to be continued along Chill-howie mountain, until it strikes Hawkins’s line. Thence along the said line to the great Iron mountain; and from the top of which a line to be continued in a southeastwardly course to where the most southwardly branch of Little river crosses the divisional line to Tugga- loe river: From the place of beginning, the Wild-cat Rock, down the northeast margin of the Tennessee river (not including islands) to a point or place one mile above the junction of that river with the Clinch, and from thence by a line to be drawn in a right angle, until it inter- sects Hawkins’s line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Em- mery’s river; and thence up Emmery’s river to the foot of Cumberland mountain. From thence a line to be drawn, northeastwardly, along the foot of the mountain, until it intersects with Campbell’s line.

ARTICLE V

To prevent all future misunderstanding about the line described in the foregoing article, two commissioners shall be appointed to superin- tend the running and marking the same, where not ascertained by the rivers, immediately after signing this treaty; one to be appointed by the commissioners of the United States, and the other by the Cherokee nation; and who shall cause three maps or charts thereof to be made out; one whereof shall be transmitted and deposited in the war office of the United States; another with the executive of the state of Ten- nessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Chero- kee nation.

ARTICLE VI

In consideration of the relinquishment and cession hereby made, the United States upon signing the present treaty, shall cause to be delivered to the Cherokees, goods, wares and merchandize, to the amount of five thousand dollars, and shall cause to be delivered, annually, other goods, to the amount of one thousand dollars, in addition to the annuity already provided for; and will continue the guarantee of the remainder of their country for ever, as made and contained in former treaties.

ARTICLE VII

The Cherokee nation agree, that the Kentucky road, running between the Cumberland mountain and the Cumberland river, where the same shall pass through the Indian land, shall be an open and free road for the use of the citizens of the United States in like manner as the road from Southwest point to Cumberland river. In consideration of which it is hereby agreed on the part of the United States, that until settle- Limits to re- main the same, Cession of ter- ritory. for running the line of the ces- sion. for the treaty. Kentucky road to be kept open. Indians may hunt on lands relinquished. Notice of time for delivering annuities, &c. Horses stolen to be paid for. Oblivion of past aggres- sions, The Cherokee ent to have a piece of grourid.

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 6568–6693.