Page:United States Statutes at Large Volume 9.djvu/928

876 TREATY WITH THE CHEROKEES. AUG. 6, 1846. Arvricnn XII. (a) . . The lVestern Cherokees, called “Old Settlers," in assentincr to the This article . . . . . ¤ nmck out by general provisions of this treaty, in behalf of their people, have ex- Scnm- pressed their fixed opinion that, in making a settlement with them upon the basis herein established, the expenses incurred for the rcmoval and subsistence of Cherokees, after the. twenty-third day of May, 1838, should not be charged upon the five millions of dollars Ind. 'I‘reat.,voL allowed to the Cherokees for their lands under the treaty of 1835, or l:P·‘1‘78· on the fund provided by the third article of the supplement thereto; and that no part of the spoliations, subsistence, or removal, provided for by the several articles of said treaty and the supplement thereto, should be charged against them in their settlement for their interest in the Cherokee country east and west of the Mississippi River. And the delegation of “Old Settlers," or “Western Cherokees," propose that the question shall be submitted with this treaty to the decision of the Senate of the United States, of what portion, if any, of the expenditures made for removal, subsistence, and spoliations, under the treaty of 1835, is properly and legally chargeable to the five million fund. And they will abide by the decision of the Senate. Anricrn XIII. This treaty, alter the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties. signed Aug 6, In testimony whereof, the said Edmund Burke, W'illiam Armstrong, 18%. and Albion K. Parris, Commissioners as aforesaid, and the several delegations aforesaid, and the Cherokee nation and people, have hereunto set their hands and seals, at Washington aforesaid, this sixth day of August, in the year of our Lord one thousand eight hundred and forty-six. EDMUND BURKE. YVM. ARMSTRONG. ALBION K. PARRIS. Delegation of Ute Government Party, Jno. Ross, Stephen Foreman, W. S. Goody, John Drew, R. Taylor, Richard Fields. C. V. McNair, Delegation of the Treaiy Party. Geo. W. Adair, Joseph M. Lynch, J. A. Bell, John Huss, S. Watie, Brice Martin, (By J. M. Lynch, his attorney.) Ddegalzbn of the Old Settlers. Jno. Brown, Richard Drew, Wm. Dutch, Ellis F. Phillips. John L. McCoy, [To each of the names of the Indians a sea! ts amxed.] In presence of- Joseph Bryan, of Alabama. Geo. W. Pasclml. John P. Wolf, (Secretary 0fB0a.rd.) W. S. Adair. Juo. F. Wheeler. (4:) This article was struck out by the Senate. See pI8T!.