Gazette of the United-States. (New-York [N.Y.]) 1789-1793, November 19, 1791, Page 234, Image 2

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    PHI LAD ELP H IA f NOVEMBER 19.
BY THE PRESIDENT OF THE UNITED
STATES OF AMERICA.
A PROCLAMATION.
WHKR FAS a Treaty of Peace and Frienilfhip between the Uni
ted States, arid the Cherokee Nation oj Indians, was made and
■concluded tthe second day of the Month of Jf u -y \ ar whereas I haoe
by and with the advice and confenl of the Senate, rn 'due form ratified the
said Treaty : Now to the end' that the fame be olferved and performed
withgofid Faith on the part of the United States, / havejordered the said
Treaty to be herewith pnblifhed, And I do hereby enjoin and require
till Cjficcrs of the United States, civil and military, and all ether Citi
2evs and Inhabitants thereof, to govern them flues according to the said
Treaty, as they,willanfwer the contrary at their Peril.
(L.S.) GIVEN vvder my Hand andthe Seal of the United States, in the
City os-Philadelphia, this eleventh day of November, in the
Year of our Lord one thousand seven hundred and ninety-one,
and in the sixteenth Year of the frvereignty and independence
of the United States* G. WASHINGTON.
Bv the Pr rsidunt,
' Til. JfcFFfcRSON.
GEORGE WASHINGTON, President of the
United States of America.
To att to whom thcfe Presents fkall come, Greeting :
WHEREAS a Treaty of Peace and Friendftiip between the
United States of America and ihe Cherokee Nation of In-
VTi-ins, v as made and concluded on the second d'ay of the month
ofjulvlaft, by WILLIAM BLOUNT, Govetnor in and over
the Territory of rheUnited States south of t ie River Ohio, and
Superintendent of Indian Affairs for tfc>e louthern Diftrift ; who
was duly authorised thereto, on the one part, and the Chiefs and
Warriors of the Cherokee Nation, whose names are hereunto
finned, on the other part; which Treaty is in the Form and
Words following:
A Trpaty of Peacc and Friendfliip, made and concluded between
the President of the United States of America, on the part and behalf
of the jaid States, and the nnderfigned Chiefs and Warriors of the
Cherokee Nation of Indians, on the part and behalf of the Jaid Na-
The Parties being defirousof eftabliftiing permanent Peace and
Friendlhip between the United States and thofaid Cherokee Na
tion, and the Citizens and Members thereof, and to remove tlie
Caufrs of War by ascertaining their Limits, and making other
neceflary, jufl and friendly Arrangements : The Prefidentof the
United States, by William Blount, Governor of theTerritoiy of
the United States ofc America south of the Rtvei Ohio, and Superin
tendent of Indian Affairs for the southern Diftrift, who is vested
avith full powers for thcfc purposes, by and with the Advice and
Consent of the Senate of the United States : And the Cherokee
Nation by the nnderfigned Chiefs and Wairiors representing the
said Nation, have agreed t<# the following Articles, namely;
Art. 1. There (hall bepfrpet-ua-l peace and friendfhip between
9H the citizens of the United Stares of America, and all the in
dividuals the whole Cherokee nation of Indians.
Art. 2. The underftgned Chiefs and Warriois, for themfclves,
and all parts of the Cherokee nation, do acknowledge themselves,
and the said Cherokee nation, to be under the protection of the
Unite# S:airs of America, and ot no other sovereign whosoever ;
and theyalfo the said Cherokee nation will ndt hold
any treaty with any foreign power, individual State, or with in
dividuals of any State.
Art. 3. The Cherokee nation ftiall deliver to the Governor of
the Territory of the United States of America, south of the River
Ohi", on or'before the firftday of April next at this place, all
pcrfons who are now prisoners, captured by them from any part
of tbe Uniied States : And the United States (hall on or before
ihe fame dav f and at the fame place, restore to the Cherokees, all
the prisoners now in captivity, which the citizens of the United
States have captured from them.
Art. 4. The boundary between the citizens of the United
States, and the Cherokee nation, is and shall be as follows : —
Beginning at the top of the Cuirahee mountain, where the Creek
line pall: s it—thence direct line to Tugelo river—thence North
East to the Ocunna mountain, and over the fame along the South-
Carolina Indian boundary to the North-Carolina boundary—
thence North so a point from which a line is to be extended to
the river Clinch, that shall pass the Holfton at the ridge which
divides the waters running into Little River, from those running
into the Tenneflee—Thence up the river Clinch toCampbell's line,
and along the fame to the top of Cumberland Mountain—thence a
direst line to the Cumberland River where the Kentucky road
crosses it—thence down the Cumberland River to a point from
which a South-weft line will ftr'.ke the ridge which divides the
waters of Cumberland from those of Duck River lorty miles a
bove Nafhvillc—thence down the said ridge to a point from
■whence a South-weft line will strike the mouth of Duck river.
And in o»der io preclude for ever all disputes relative to the
said boundary, the fame shall be ascertained, and marked plainly
by thiee perfans appointed on the part of the United States, and
three Cherokcrs on the part of their nation.
And in order toextinguifh for ever all claims of the Cherokee
ration, or any part thereof to any of the land lying to the right
of the line above described, beginning as aforefaid at the Curra.
hee mountain, it is hereby agreed, that in addition to the coti
fideration heretofore made forthefaid land,the United States will
cause certain valuable goods to be immediately delivered to the
wodcrfigned Chiefs and Warriors, for the use of their nation, and
ll>e said United States will also cause the sum of one thousand dol
lars to be paid annually to the said Cherokee vjation.—And the
uftderfigned Chiefs and Warriors, do hereby for themselves and
the whole Cherokee nation, their heirs and descendants, for the
jconfiderations above mentioned, release, quit-claim, re-
I-inquish and cede, alltheland to the right of the line descri
bed and beginning as aforefaid.
AfcT. 5. It is Stipulated and agreed, that the citizens and in
habitants of the United States, shall have a free and unmolested ufc
•f a toad from Waftiington diftritt to Mero diflrift, and of the
navigation of the TennefTee River.
Art. 6. It is agreed on the part of the Cherokees, that the
United States Gvall have thefoleand exclusive right of regulating
lheir trade.
Art. 7. The United States foJemnly guarantee to the Che-
Tokee nation, all their lands not hereby ceded.
Ay. 8. If any citizen of the United States, or "other person
not being an Indian, shall fettle on any'of the Cherokee's lands,
such person shall forfeit the prote&ion of the United States, and
the Cherokees may punish him or not, as they plrafe.
Art. 9. No citizen or inhabitant of tbe United States, shall
attempt to hunt or deftrov the game on the lands of the Chevo
kees, —nor shall any citizcn or inhabitant go into the Cherokee
country, without a paflport firft obtained Irom the Governor of
some one of the United States, or territorial diftri&s, or such other
person ns the President of the United States may from time to lime
iuthorife to grant the fame.
"Art. !C. If flfly Cherokee Indinnor or prrfi»n raid
ing among them, or who shall take refuge in t Heir nauyn, fhal!
ftcala hori'e from, or cortinm a robbery or murder, or other capi
tal crime, on any citi7.«*ns or inhabitants of the United States, the
Cherokee nation (haltbe bound to dei : vrr him or them up, to be
punished according to the laws of the United States.
Art. 11. If any citizen or inhabitant ot the United Srates, or
of ekher ol the territorial diflfi&s of the United States, shall go in
to any town, Settlement or territory belonging to the Cherokee,
and "shall thpre commit any crime upon, or trespass against the
person or prooertv of anv peaceable and friendly Indian or Indi
ans, which it committed vrirh'n the jurifdi&ion of any State, or
within the jurifdiftion of either of the.said d;ftri£h, against a citi
zen or white inhabitant thereof, would be punishable by the laws
of such State or diftritt, such offender or offenders, Ihail be fiibjeft
to the fame Dunifhment, and (hall be proceeded again'.l in the
fame manner, as if the offence had been committed within theju
rifdi6tion of the State or diftrift to which he or they rmy belong,
against a citizen or white inhabitant thereof.
Art. 12. In ca£e of violence on the persons or property of the
individuals ot either party—neither retaliation orreprifdl shall be
committed by the other, until fatisfa&ion shall have been demand
ed of the party of which theaggreffor is, and (hall have been re
fufed.
Art. 13. The Cherokee* (hall give notice to the citizens of the
United States, of any designs which thev may know, or fufpe£l to
be formed in any neighbouring tribe or by any person whatever,
against the peace and interest of the United Srates.
Art. 14. That the Cherokee nation mav be led to a greater
degree ol civilization, and to become herdsmen and cultivators,
instead of lemainlng in a state of hunters, the United States will
from time to time tornifh gratuitously the said nation with ufeful
implements of husbandry, and further to a (lift the Caid nation in
so desirable a pursuit, and at the fame time to establish a certain
mode ol communication, the United States will fend such, and so
many persons to reside in said nation as they may judge proper,
not exceeding four in number, who shall qualify themfclves to a6l
as interpreters.—These persons (hall have lands assigned by the
Cherokecs for cultivation forthemfelv.es and tbeir fucceflors in of
fice—but they shall be precluded exe r ciftng any kind of traffic.
Art. 15. All animosities for past grievances (hall henceforth
cease, and the contra&ing parties will carry the foregoing treaty
into full execution with all good faith and sincerity.
Art. 16. This Treaty (hall take effect and be obligatory on
the contrasting parties, as soon as the fame shall have been ratified
by the President of the United States, with the advice and consent
of the Senate ot the United States.
In Witnf.,«s of all and every thing herein determined between
the United States of America, and the who'eCherokee Nation, the
parties have hereunto set their hands arid seals, at the treaty ground
on the bank of the Holfton, near the mouth of the French Broad,
within the United States, this second day of July, in the year of
our Lord, one thousand seven hund r ed and ninctv-one.
WILLIAM BLOUNT,
Governor in and over the Territory of the United States
of America south of the River Ohio, and Superinten
dant of Indian Affairs for the fouthcrn Diftrift.
Chuleoah, + or the Boots, L.S.
Squalleruitah, + or hanging
Maw, L.S.
Ocunna, +or the Badgjcr, L.S.
Enoleh, +or Black Fox, L.S
Nontuaka, t or the North-
ward, L.S.
Tekakifka, + L.S.
Chutloh, or Kingfiflicr, L.S.
Tuckafeh, + orTarrapin, L.S.
Kateh, f L.S.
Kunnochatutloh, + or the
Crane,
Cauquillehannah, t or the
Thigh, L.S.I
Chefquotteloneh, +or yel- - \
L.S. J
low Bird,
Chickafawtehe, + or chick
afaw killer, L.S.
Tuikegatehe, + or Tufkega
killer, L.S.
Kulfatehe, + L.S.
Tmkfhalene, + L.S.
Sawutteh,+ or slave catcher, L.S.
Ankuah, + L.S.
Ofeiialeh, + L.S.
Kenotetah,+ or riling Fawn,L.S.
Kanetrtoka, + or standing
Turkey, L.S.
John Thompson, Interpreter.
James Carey, Interpreter.
Done in prejente of
Dan. Smith, Secretary of the Territory of the United
loath of the River Ohio.
Thomas Kennedy, of Kaintuckey.
James Ror e r tson, of Mero Diftri6h
Claibo&ne Watkins, of Virginia.
John M. Whitnf.y, of Georgia.
Fauchf., of Georgia.
Tit iTs Ogoe.-N, of North-Carolina.
John Chisholm, of Walhingion Diftrift.
Robert Kinc.
Thomas Gegg
NOW KNOW YE, That I having seen ana"conferr
ed the said Treaty, do by and with the advice and consent
of the Senate of the United States, Acc ett, Ratify and
Con si r m .the fame, and every article and clause thereof:
In Testimony whereof, I have caused the seal of the United
States to be hereunto affixed, and signed the fame with my
hand.
L. S.
Given in the city of Philadelphia, the eleventh day
of November, in the year of our Lord one thousand (even
hundred and ninety-one, and in the sixteenth year of the
fovcreignty and Independence of the United States.
By the Pr esident, G. WASHINGTON.
TH. JEFFERSON.
APPOINTMENTS.
November the 14th.
The President of the United States, by and with the advice and
consent of the Senate, has been pleased to make the following ap
pointments :
SECOND regiment. Elijah Tifdale, Surgeon's Mate, vice
Sumner, cieclincd.
November the 15th.
Second regiment. Micah M'Donough, Ensign, t7ce Duff,
declined- William Balch, Enfign,vice Sohier., appointed Lieuten
ant-George Dcmclar, Ensign, tree Miller, promoted.
November the 16th.
Nathaniel Roa C *s to be Marlhal of the New-Hampftiire diflritt
vice John Parker, deceased.
Alexander Moore to be Survevor of the Port of Weft Point, in
Virginia, wee John Spotfwood Moore, who has ufigned his ap
pointment. r
Charles Brown 10 be Collfftor of the Port rf Georgetown. in
South-Carolina, v;ce John Cogdcll. who has rdigiud hi& apr oiir
menr. 0 ri
234
Yonewatlch, + or Bear at
L.S.
home,
Long Will, +
Kunofkefkic, + or John
Watts, L.S.
Nenetoovah, t or bloody
Fellow, L.S.
Chuquilatagtie,+ or Double
head, L.S.
Hootaquah,+ or big Acorn, L.S.
'foowayellohj + or bold
Hunter, L.S..
. j9hle-ponnyehka,+ or mid
dle ftriktr, L.S.
L.S,
K'nncfah, + or Cabin, L.S.
TuUotehe, + or two killer, L.S.
Koolou(kce,+ or ftopt still, L.S.
Kulfatehe, t L.S.
Auquotague, + the little
Turkey's Son, L.S.
Talohtefke, +or Up fetter, L.S.
Cheakonefke, t or Otter
Li Iter, L.S.
Kefhukaune,f or (he reigns, L.S.
Toonaunailoh, + L.S.
Teefteki, + or common
Difturbcr, L.S.
Robin Mc. Clemore, L.S.
Skyuka, t L.S,
PHILADELPHIA
HOUSE OF REPRESENTATIVES,
WEDNESDAY, November 16, 1791.
MR. GOODUE presented a petition from the
merchants and diliillers of the town of Sa
lem, in Maflachufetts, praying a reila&irfn of the
duty imposed on spirits of domeitic manufac
ture, and an increase in that on foreign spirits,
with sundry other modifications of the law. R e *
ferred to the Secretary of the Tretffury.
Mr. Brown presented a petition from funtfrv
inhabitants of the dittrid of Kentucky, praying
to be relieved from the operation of the excii'e
law, untiHhey (hall have obtained 1 *.e free na*
vigaiion of the Miffifippi, Referred to the Secre*
tary of the Treasury, so far as it a tew
porary suspension of the excise law.
Mr. Fitzfimons called up the petition of a torn
mittee of the public creditors, who loaned mo
ney to the Unircd States, between September
1 777, and March 1778, and moved rhat itibould
be referred to the Secretary of the Treafui-y,fur
his opinion on the prayer of the petition.
Mr. Sedgwick observed that the fubjetf of this
perition had undergone a decision during the
last session, wher) a petition of a similar nature
was presented. Speculation, he said, had alrea
dy taken a fufliciently ample range through the
United States ; and he hoped no new parh»
would be opened forits future walks. He would
move thar the prayer of the peiition could not
be granted.
1., s
Mr. Fitzfimons said, that the natare of the
petition seemed to be misunderstood ; he was as
little disposed as any gentleman on the floor, t»
innovate in the funding system ; he would not
undertake to. pronounce, that the petitioners
were entitled to any relief, bnt he thought the
Secretary of the Treasury did nor coufider thii
cafe as provided for under the funding law, in
which cafe, he thought thar the wisdom and jus
tice of the house were interested in takiiig'the
fame into confederation.
Mr. Gerry, after giving the history of rlie
emission of the bills of credit in qnefVion, urged
the propriety of doing equal jultice to every
class of the public creditors, and declared in fa
vor of the reference to the Secretary of the Trea
sury, who would state fatfs, upon which the
lioufe could determine whether or no the prayer
of the petition could be granted.
Mr. Sedgwick thought a fuflicient provision
had been made ; that it was not the intereit ot"
the people to proceed any farther ; this would
only raise paflions, that were now fobfided, hut
had heretofore been productive of considerable
mifchief to the country ; it would (hew the peo
ple, that the house entertained doubts refpecft
ing the futficiency of the provision ; fpeculatois
would employ all their arts to draw the certifi
cates out of the hands of the present holders ;
and he left it to gentlemen to determine whe
ther such a scene of fpecalatiou would prove ad
vantageous to the country ; besides, he would
ask, whether the required provision could he
made without altering the fyllem already esta
blished ?
States,
Mr. Gerry observed, that the objection, drawn-,
from Speculation, would prove an argument e
qually valid against funding, and even againlt
the coinage of money, since gamblers would ap
ply the coin to the purposes of gaining ; it had
been said, that many of the certificates in ques
tion had been loaned : but be would a(k, whe
ther, because a number of persons, not kuowing
their rights, lud yielded thein up, an argumenc
could thence be drawn, why others, who under
(tood their rights should not maintain thein, or
why the former (hould not be redressed ? Ought
the government to take advantage of the ignor
ance of the public creditois ? he hoped not : the
former memorial, to which the gentleman [Mr.
Sedgwick] alluded, was very different from the
present one, and contained many matters, which
would have required a total alteration of the
funding system.
Mr. Lawrance saw 110 necefiity for a
rence : a knowledge of faifts could be obtained
front the journals of Congress ; as to applying*®
the Secretary for his opinion, this would only
prove a source of embarraflment ; better to take
it up in committee of the whole, or in the house,
without a knowledge of his opinion : when the
scale of depreciation was applied to the public
debt, it was unequally applied, some receiving
interest 011 the nominal, others on the specie va
lue ; in the funding bill it was
that thfe former class fliould be allowed fucii W*
CONGRESS.
*