Our Georgia History

Treaty of New Echota (Supplementary articles), March 1, 1836

Historic context:

This clarified payment issues of the corrupt Treaty of New Echota

Treaty text:

Supplementary articles to a treaty concluded at New Echota, Georgia, December 29, 1835, between the United States and Cherokee people.

WHEREAS the undersigned were authorized at the general meeting of the Cherokee people held at New Echota as above stated, to make and assent to such alterations in the preceding treaty as might be thought necessary, and whereas the President of the United States has expressed his determination not to allow any pre-emptions or reservations his desire being that the whole Cherokee people should remove together and establish themselves in the country provided for them west of the Mississippi river.

ARTICLE 1. It is therefore agreed that all the pre-emption rights and reservations provided for in articles 12 and 13 shall be and are hereby relinquished and declared void.

ARTICLE 2. Whereas the Cherokee people have supposed the sum of five million dollars fixed by the Senate in their resolution of day of March, 1835, as the value of the Cherokee lands and possession east of the Mississippi river was not intended to include the amount which may be required to remove them, nor the value of certain claims which many of their people had against citizens of the United States, which suggestion has been confirmed by the opinion expressed to the War Department by some of the Senators who voted upon the question and whereas the President is willing that this subject should be referred to the Senate for their consideration and if it was not intended by the Senate that the above-mentioned sum of five million of dollars should include the objects herein specified that in that case such further provision should be made therefor as might appear to the Senate to be just.

ARTICLE 3. It is therefore agreed that the sum of six hundred thousand dollars shall be and the same is hereby allowed to the Cherokee people to include the expense of their removal, and all claims of every nature and description against the Government of the United States not herein otherwise expressly provided for, and to be in lieu of the said reservations and pre-eruptions and of the sum of three hundred thousand dollars for spoliations described in the first article of the above-mentioned treaty. This sum of six hundred thousand dollars shall be applied and distributed agreeably to the provisions of the said treaty, and any surplus which may remain after removal and payment of the claims so ascertained shall be turned over and belong to the education fund.

But it is expressly understood that the subject of this article is merely referred to hereby to the consideration of the Senate and if they shall approve the same then this supplement shall remain part of the treaty.

ARTICLE 4. It is also understood that the provisions in article 16, for the agency reservation is not intended to interfere with the occupant right of any Cherokee should their improvement fall within the same. It is also understood and agreed that the one hundred thousand dollars appropriate in article 12 for the poorer class of Cherokees and intended as a set-off to the pre-emption rights shall now be transferred from the funds of the nation and added to the general national fund of four hundred thousand dollars so as to make said fund equal to five hundred thousand dollars.

ARTICLE 5. The necessary expenses attending the negotiations of the aforesaid treaty and supplement and also of such persons of the delegation as may sign the same shall be defrayed by the United States.

In testimony whereof, John F. Schermerhorn, commissioner on the part of the United States, and the undersigned delegation have hereunto set their hands and seals, this first day of March, in the year one thousand eight hundred and thirty-six.

J. F. Schermerhorn
Major Ridge, his x mark
James Foster, his x mark
Tah-ye-ske, his x mark
Long Shell Turtle, his x mark
John Fields, his x mark
James Fields, his x mark
George Welch, his x mark
Andrew Ross,
William Rogers,
John Gunter,
John A. Bell
Jos. A. Foreman,
Robert Sanders,
Elias Boudinot,
Johnson Rogers,
James Starr, his x mark
Stand Watie,
John Ridge,
James Rogers,
John Smith, his x mark

Witness: Elbert Herring, Thos. Glascock, Alexander H. Everette, Jno. Garland, Major, U. S. Army, C. A. Harris, John Robb, Wm. Y. Hansell, Saml. J. Potts, Jno. Litle, S. Rockwell.

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