the said spring to the Chillhowie mountain, 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 Chillhowie 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 Tugalo river: from the place of beginning, the Wildcat 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 intersects Hawkins's line leading from Clinch. Thence down the said line to the river Clinch; thence up the said river to its junction with Emmery'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.

ART. 5. To prevent all future misunderstanding about the line described in the foregoing article, two commissioners shall be appointed to superintend 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 Tennessee, and the third with the Cherokee nation, which said line shall form a part of the boundary between the United States and the Cherokee nation.

ART. 6. 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 merchandise, 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 forever, as made and contained in former treaties.

ART. 7. 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 the 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 settlements shall make it improper, the Cherokee hunters shall be at liberty to hunt and take game upon the lands relinquished and ceded by this treaty.

ART. 8. Due notice shall be given to the principal towns of the Cherokees, of the time proposed for delivering the annual stipends;

and sufficient supplies of provisions shall be furnished, by and at the expense of the United States, to subsist such reasonable number that may be sent, or shall attend to receive them, during a reasonable time.

ART. 9. It is mutually agreed between the parties, that horses stolen and not returned within ninety days, shall be paid for at the rate of sixty dollars each; if stolen by a white man, citizen of the United States, the Indian proprietor shall be paid in cash; and if stolen by an Indian from a citizen, to be deducted as expressed in the fourth article of the treaty of Philadelphia. This article shall have retrospect to the commencement of the first conferences at this place, in the present year, and no further. And all animosities, aggressions, thefts, and plunderings, prior to that day, shall cease, and be no longer remembered or demanded on either side.

ART. 10. The Cherokee nation agree, that the agent who shall be appointed to reside among them from time to time, shall have a sufficient piece of ground allotted for his temporary use.

And lastly, this treaty, and the several articles it contains, shall be considered as additional to, and forming a part of, treaties already subsisting between the United States and the Cherokee nation, and shall be carried into effect on both sides, with all good faith, as soon as the same shall be approved and ratified by the President of the United States, and the Senate thereof.

In witness of all and every thing herein determined between the United States of America, and the whole Cherokee nation, the parties hereunto set their hands and seals in the council house, near Tellico, on Cherokee ground, and within the United States, this second day of October, in the year one thousand seven hundred and ninety-eight, and in the twentythird year of the independence and sovereignty of the United States.

Charley, his x mark,

Akooh, his x mark,

Tuskeegatee, or Long Fellow, his x mark,

Kulsateehee, his x mark,

Keetakeuskah, or Prince, his x mark,

Sawanookeh, his x mark,

L. S.

Neekaanneah, or Woman Holder, his x mark, L. S.

L. S.

L. S.

L. S.

L. S.

L. S.

CHICKASAWS.

[CONCLUDED OCTOBER 24, 1801.]

A treaty of reciprocal advantages and mutual convenience, between the United States of America and the Chickasaws.

The President of the United States of America, by James Wilkinson, brigadier general in the service of the United States, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, commissioners of the United States, who are vested with full powers, and the Mingo, principal men, and warriors, of the Chickasaw nation, representing the said nation, have agreed to the following articles:

ART. I. The Mingo, principal men, and warriors, of the Chickasaw nation of Indians, give leave and permission to the President of the United States of America, to lay out, open, and make, a convenient wagon road through their land between the settlements of Mero district, in the State of Tennessee, and those of Natchez, in the Mississippi territory, in such way and manner as he may deem proper; and the same shall be a highway for the citizens of the United States, and the Chickasaws. The Chickasaws shall appoint two discreet men to serve as assistants, guides, or pilots, during the time of laying out and opening the road, under the direction of the officer charged with that duty, who shall have a reasonable compensation for their service: provided always, that the necessary ferries over the water courses, crossed by the said road, shall be held and deemed to be the property of the Chickasaw nation.

ART. 2. The commissioners of the United States give to the Mingo of the Chickasaws, and the deputation of that nation, goods to the value of seven hundred dollars, to compensate him and them, and their attendants, for the expense and inconvenience they may have sustained by their respectful and friendly attention to the President of the United States of America, and to the request made to them in his name, to permit the opening of the road. And as the persons, towns, villages, lands, hunting grounds, and other rights and property of the Chickasaws, as set forth in the treaties. or stipulations heretofore entered into between the contracting parties, more especially in and by a certificate of the President of the United States of America, under their seal of the first of July, 1794, are in the peace and under the protection of the United States, the commissioners of the United States do hereby further agree, that the President of the United States of America shall take such measures, from time to time, as he may deem proper, to assist the Chickasaws to preserve entire all their rights against the encroachments of unjust neighbors, of which he shall be the judge;

and also to preserve and perpetuate friendship and brotherhood between the white people and the Chickasaws.

ART. 3. The commissioners of the United States may, if they deem it advisable, proceed immediately to carry the first article into operation: and the treaty shall take effect and be obligatory on the contracting parties, as soon as the same 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 United States.

In testimony whereof, we, the plenipotentiaries, have hereunto subscribed our names and affixed our seals, at Chickasaw Bluffs, the twenty-fourth of October, 1801.

Teschoolauptau, his x mark,

L. S.

L. S.

James Underwood, his x mark,

Samuel Mitchell, Agent to the Chickasaws,

Malcolm McGee, his x signature, Interpreter to the Chickasaws, William R. Bootes, Capt. 3d Reg't. and Aid de Camp,

J. B. Walbach, Lieutenant and Aid de Camp,

Jn. Wilson, Lieutenant 3d Regiment.

To make the road provided for by the 1st article of this treaty, which is here referred to.