War of 1812 Era · 1805

Treaty with the Cherokees, Oct. 25, 1805

ID T-0037

Date 1805-10-25

Articles 1

Instrument Note

Parties

United States and the Cherokee Nation

Context

Executed October 25, 1805 at Tellico, Tennessee. Another Cherokee cession instrument, the fifth in this volume. The continuing pattern: the U.S. could not enforce prior treaty boundaries against settlers, so it renegotiated to incorporate the encroachments.

Significance

The Cherokee ceded a further tract of land in Tennessee, principally along the Duck River. Annuity continuation and specific goods in exchange. The instruments of this period reflect a Cherokee nation under continuous pressure: each treaty acknowledges that prior treaty obligations have not been met, provides additional annuity consideration, and extracts additional cessions.

Legal Observation

The Cherokee signed five cession instruments between 1791 and 1806 — one approximately every three years. Each was framed as a voluntary agreement. Each was preceded by U.S. failure to enforce prior treaty boundaries. The rhythm makes the pattern visible: default, renegotiation, new cession, repeat.

TREATY WITH THE CHICKASAWS. 1805. Colbert and O’Koy two thousand dollars, that is, to each one thousand dollars. This sum is granted to them at the request of the national council for services rendered their nation, and is to be subject to their individual order, witnessed by the resident agent; also to Chinubbee Mingo, the king of the nation, an annuity of one hundred dollars, during his natural life, granted as a testimony of his personal worth and friendly disposition. All the above payments are to be made in specie. Arr. IJI. In order to preclude for ever all disputes relative to the boundary mentioned in the first section, it is hereby stipulated, that the same shall be ascertained and marked by a commissioner or commis- sioners on the part of the United States, accompanied by such person as the Chickasaws may choose, so soon as the Chickasaws shall have thirty days’ notice of the time and place, at which the operation is to commence: and the United States will pay the person appointed on the part of the Chickasaws two dollars per day during his actual attendance on that service. Art. IV. It is hereby agreed on the part of the United States, that from and after the ratification of these articles, no settlement shall be made by any citizen, or permitted by the government of the United States, on that part of the present cession included between the present Indian boundary and the T'ennessee, and between the Ohio and a line drawn due north from the mouth of Buffaloe to the ridge dividing the waters of Cumberland from those of the Tennessee river, to the term of three years. Anr. V. The articles now stipulated will be considered as permanent additions to the treaties now in force between the contracting parties, as soon as they shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the said United States. In witness of all and every thing herein determined, the parties have hereto interchangeably set their hands and seals, in the Chickasaw country, this twenty third day of July, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States of America the thirtieth. JS. ROBERTSON, Chiefs and Warriors. SILAS DINSMOOR. Chinubbee Mingo, the King E'Mattaha Meko George Colbert William McGillivry O’Koy, or Tishumastubbee Tisshoo Hooluhta Choomubbee Lewy Colbert Mingo Mattaha Signed, sealed and interchanged in presence of Thomas Augustine Claiborne, Sec- retary to the Commissioners. Samuel Mitchell, U. S. Agent to the Chickasaw Nation. John McKee. R. Chamberlin, Second Lieut. Second Regt. Infantry. W.P. Ander- son, of Tennessee, Malcom McGee, John Pitchlynn, Christopher O:Leary, William Tyrrell, Sworn Interpreters, To the Indian names are subjoined a mark and seal. Between the United States of America, and the tribes of Indians called the Delawares, Pottawatimies, Miames, Eel River, and Weas.

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 9095–9175.