War of 1812 Era · 1805

Treaty with the Cherokees, Oct. 27, 1805

Concluded at Grouseland

ID T-0038

Date 1805-10-27

Articles 1

Instrument Note

Parties

United States and the Cherokee Nation

Context

Executed October 27, 1805, two days after T-0037, at Tellico. A separate instrument addressing a different parcel, executed at the same council session.

Significance

This instrument ceded a specific tract of Cherokee territory on the north side of the Tennessee River, required for road access to the settlements in southern Tennessee. The two-day gap between T-0037 and T-0038 suggests a single negotiating session that produced two separate instruments for two distinct parcels — a common practice when different tracts had different legal status or when the commission needed separate authorization for each transaction.

Legal Observation

Two Cherokee cession instruments in two days, at the same location, from the same negotiating session. The administrative apparatus had reached the point where Indian land cessions were processed as routine transactions requiring only the proper procedural form.

ARTICLES of a treaty made and entered into, at Grouseland, near Vincennes, in the Indiana territory, by and between William Henry Harrison, governor of said territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States, for treating with the north western tribes of Indians, of the one part, and the tribes of Indians called the Delewares, Putawatimis, Miamis, Eel River, and Weas, jointly and severally by their chiefs and head men, of the other part. Artıcue I. Whereas, by the fourth article of a treaty made between the United States and the Delaware tribe, on the eighteenth day of August, eighteen hundred and four, the said United States engaged to consider the said Delewares as the proprietors of all that tract of country which is bounded by the White river on the north, the Ohio and Clark's grant on the south, the general boundary line running from the mouth of Kentucky river on the east, and the tract ceded by the treaty of fort Wayne, and the road leading to Clark's grant on the west and south west. And whereas, the Miami tribes, from whom the Delawares derived their claim, contend that in their cession of said tract to the Delewares, it was never their intention to convey to them the right of the soil, but to suffer them to occupy it as long as they thought proper, the said Delewares have, for the sake of peace and good neighbourhood, determined to relinquish their claim to the said tract, and do by these presents release the United States from the guarantee made in the before-mentioned article of the treaty of August, eighteen hundred and four. Arr. II. The said Miami, Eel River, and Wea tribes, cede and relinquish to the United States forever, all that tract of country which lies to the south of a line to be drawn from the north east corner of the tract ceded by the treaty of fort Wayne, so as to strike the general boundary line, running from a point opposite to the mouth of the Ken- tucky river, to fort Recovery, at the distance of fifty miles from its com- mencement on the Ohio river. Arr. IIT. In consideration of the cession made in the preceding article, the United States will give an additional permanent annuity to said Miamis, Eel River, and Wea tribes, in the following proportions, viz: to the Miamis, six hundred dollars; to the Eel River tribe, two hundred and fifty dollars; to the Weas, two hundred and fifty dollars; and also to the Putawatemies, an additional annuity of five hundred dollars, for ten years, and no longer; which, together with the sum of four thousand dollars which is now delivered, the receipt whereof they do hereby acknowledge, is to be considered as a full compensation for . the land now ceded. Arr. IV. As the tribes which are now called the Miamis, Eel River, and Weas, were formerly and still consider themselves as one nation, and as they have determined that neither of these tribes shall dispose of any part of the country which they hold in common; in order to quiet their minds on that head, the United States do hereby engage to Aug. 21, 1805. Proclamation, April 24, 1806. Delawares re- linquish their claim. Ante, p. 81. Cession of the Miamies, &c. An additional permanent an- nuity to be given to the Miamies, Miamies, &c. determine notto part with any of their terri- tory without the consent of all parties. Putawatimies, &c. acknow- ledge the right of the Dela- wares to sell, Annuities, how to be paid. "Treaty, when to take effect. TREATY WITH THE DELAWARES, ETC. 1805. consider them as joint owners of all the country on the Wabash and its waters, above the Vincennes tract, and which has not been ceded to the United States, by this or any former treaty ; and they do farther engage that they will not purchase any part of the said country without the consent of each of the said tribes. Provided always, That nothing in this section contained, shall in any manner weaken or destroy any claim which the Kickapoos, who are not represented at this treaty, may have to the country they now occupy on the Vermillion river. Amr. V. The Putawatimies, Miami, Eel River, and Wea tribes, explicitly acknowledge the right of the Delawares to sell the tract of land conveyed to the United States by the treaty of the eighteenth day of August, eighteen hundred and four, which tract was given by the Piankashaws to the Delawares, about thirty-seven years ago. Art, VI. The annuities herein stipulated to be paid by the United States, shall be delivered in the same manner, and under the same con- ditions as those which the said tribes have heretofore received. Arr. VII. This treaty shall be in force and obligatory on the con- tracting parties as soon as the same shall have been ratified by the Pre- sident, by, and with the advice and consent of the Senate of the United States.

IN TESTIMONY WHEREOF

, The said commissioner plenipotentiary of the United States, and the sachems, chiefs, and head men of the said tribes, have hereunto set their hands and affixed their seals.

Done at

Grouseland, near Vincennes, on the twenty-first day of August, in the year eighteen hundred and five; and of the inde- pendence of the United States the thirtieth. WM. H. HARRISON. Delawares. Mashekanochquah, or Little Turtle, Hocking Pomskon, Richardville, Kecklawhenund, or William Anderson, Eel River. ne ne Mr eh Waronecana, or Night Stander, gue, á Metausauner, or Sam, Putiawatimies. Archekatauh, or Earth, Topanepee, Lishaheson, Weas. Wenameck. Assonnonquah, or Labossiere, Miamies Misquaconaqua, or Painted Pole, B Ohequansh, or Little Eyes. Kakonweconner, or Long Legs, Missingguimeschan, or Owl, Delaware. Wabsier, or White Skin, Missenewand, or Captain Bullet. Done in the presence. of, B. Parke, Secretary to the Commissioner. Jno. Gibson, Secretary Indiana "Territory. John Griffin, a judge of the Indiana Territory. B. Cham- bers, President of the Council. Jesse B. Thomas, Speaker of the House of Repre- sentatives. Jno. Rice Jones, Saml: Gwathmey, Pierre Menard, Members of the Le- gislative Council Indiana Territory. Davis Floyd, Shadrack Bond, William Biggs, John Johnson, Members of the House of Representatives Indiana Territory. W. Wells, Agent of Indian Affairs. Vigo, Colonel of Knox county militia, John Conner, Joseph Barrout, Sworn Interpreters. To the Indian names are subjoined a mark and seal.

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 9176–9369.