War of 1812 Era · 1805

Treaty with the Choctaws, Nov. 16, 1805

Concluded at Tellico

ID T-0040

Date 1805-11-16

Articles 1

Instrument Note

Parties

United States and the Choctaw Nation

Context

Executed November 16, 1805 at Mount Dexter in the Choctaw Nation. The second Choctaw land cession instrument, four years after the first. The Jefferson administration had been pressing for road access through the heart of the Choctaw nation, not just the peripheral corridor granted in 1801.

Significance

The Choctaw ceded a substantial territory in present-day Mississippi — roughly the southern third of their homeland east of the Mississippi River. In exchange: annuity continuation, goods, specific payments to named individuals (chiefs and headmen), and debt settlement. The individual payments to named leaders — appearing explicitly in the treaty text — were the political price of securing the cession. The amounts are listed by name.

Legal Observation

Named payments to individual leaders in exchange for their role in securing a cession are recorded in treaty text without qualification. The U.S. was buying consent from the individuals who controlled the consensus process. Whether those leaders had authority to bind the nation to a cession the broader nation had not agreed to is not addressed in the instrument. The legal validity of the cession did not depend on an answer to that question.

Between the United States of America, by their commissioners, Re- turn J. Meigs and Daniel Smith, who are appointed to hold con- ferences with the Cherokees for the purpose of arranging certain interesting matters with the said Indians, of the one part, and the undersigned chiefs and head men of the Cherokees, of the other part. Arr. Ist. Whereas it has been represented by the one party to the other, that the section of land on which the garrison of South West Point stands, and which extends to Kingston, is likely to be a desirable place for the assembly of the state of Tennessee to convene at (a com- mittee from that body now in session having viewed the situation) now the Cherokees being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes, and not for individual ad- vantages, (reserving the ferries to themselves,) quit claim and cede to the United States the said section of land, understanding at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the go- vernment; we also cede to the United States the first island in the Ten- nessee, above the mouth of Clinch. Arr. 2d. And whereas the mail of the United States is ordered to be carried from Knoxville to New-Orleans, through the Cherokee, Creek and Choctaw countries; the Cherokees agree that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbe, to be laid out by viewers appointed on both sides, who shall direct it the nearest and best way; and the time of doing the business the Chero- kees shall be notified of. Art. 3d. In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians sixteen hundred dollars in money, or useful merchandize at their option, within ninety days after the ratification of this treaty. Arr. 4th. This treaty shall be obligatory between the contracting parties as soon as it is ratified by the President, by and with the advice and consent of the Senate of the United States.

IN TESTIMONY WHEREOF

, the said commissioners, and the undersigned chiefs and head men of the Cherokees have hereto set their hands and seals.

Done at

Tellico, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and five. RETURN J. MEIGS, DANL. SMITH. Oct. 27, 1805. Proclamation, June 10, 1806. Cession of cer- tain land to the United States. grant the free use of a road through their country for the carriage of the mail. Payment to Cherokees. Treaty, when to take effect. Nov. 14, 1805. Proclamation, June 2, 1806. Cession by the Creek Indians. Boandaries.

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 9596–9701.