War of 1812 Era · 1809

Separate Article with Miamies and Eel-Rivers, 1809

ID T-0048

Date 1809-09-30

Articles 2

Instrument Note

Parties

United States and the Miami and Eel River Nations

Context

Executed at Fort Wayne on September 30, 1809 — same date as T-0047. A separate article specifically addressing Miami and Eel River concerns not resolved in the main treaty.

Significance

Two articles granting specific additional annuity payments to the Miami and Eel River nations in exchange for their specific concurrence with the main treaty's terms. The existence of this separate instrument confirms that the Miami and Eel River had specific objections or demands that required separate resolution — the main instrument's terms were not sufficient to secure their participation without additional consideration.

Legal Observation

Separate articles for separate nations, executed on the same day as a multi-nation instrument, reveal the negotiation process the consolidated treaty text conceals. Each nation had its own concerns; those concerns were addressed through side arrangements. The public legal record — the main treaty — shows unanimous consent. The separate instruments show that consent was purchased nation by nation at different prices.

TREATY WITH THE CHEROKEES. 1806.

ARTICLE I

The undersigned chiefs and head men of the Cherokee nation of Indians, for themselves and in behalf of their nation, relinquish to the United States all right, title, interest and claim, which they or their na- tion have or ever had to all that tract of country which lies to the north- ward of the river Tennessee and westward of a line to be run from the upper part of the Chickasaw Old Fields, at the upper point of an island, called Chickasaw island, on said river, to the most easterly head waters of that branch of said Tennessee river called Duck river, excepting the two following described tracts, viz. one tract bounded southerly on the said Tennessee river, at a place called the Muscle Shoals, westerly by a creek called Te Kee, ta, no-eh or Cyprus creek, and easterly by Chu, wa, lee, or Elk river or creek, and northerly by a line to be drawn from a point on said Elk river ten miles on a direct line from its mouth or junction with Tennessee river, to a point on the said Cyprus creek, ten miles on a direct line from its junction with the Tennessee river. The other tract is to be two miles in width on the north side of Ten- nessee river, and to extend northerly from that river three miles, and bounded as follows, viz. beginning at the mouth of Spring Creek, and running up said creek three miles on a straight line, thence westerly iwo miles at right angles with the general course of said creek, thence southerly on a line parallel with the general course of said creek to the Tennessee river, thence up said river by its waters to the beginning: which first reserved tract is to be considered the common property of the Cherokees who now live on the same; including John D. Chesbolm, Au, tow, we and Cheh Chuh, and the other reserved tract on which Moses Melton now lives, is to be considered the property of said Mel- ton and of Charles Hicks, in equal shares. And the said chiefs and head men also agree to relinquish to the United States all right or claim which they or their nation have to what is called the Long Island in Holston river.

ARTICLE II

The said Henry Dearborn on the part of the United States hereby stipulates and agrees that in consideration of the relinquishment of title by the Cherokees, as stated in the preceding article, the United States will pay to the Cherokee nation two thousand dollars in money as soon as this convention shall be duly ratified by the government of the United States; and two thousand dollars in each of the four succeeding years, amounting in the whole to ten thousand dollars; and that a grist mill

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 10289–10338.