Treaty with the Cherokee, 1798
Return to Main Indian Cessions Page
Treaty of Tellico
Oct. 2, 1798. | 7 Stat., 62. | Ratified April 30, 1802. | Proclaimed May 4, 1802.
Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
Links to Paragraphs
Preamble. Ante 29. (Treaty with the Cherokee, 1791.)
Articles of a treaty between the United Stales of America, and the Cherokee Indians.
Peace and friendship perpetual.
Subsisting treaties to operate.
Limits to remain the same, etc.
Cession of territory.
Commissioners for running the line of the cession.
Consideration for the treaty.
Kentucky road to be kept open.
Indians may hunt on lands relinquished.
Notice of time for delivering annuities, etc.
Horses stolen to be paid for.
Oblivion of past aggressions.
The Cherokee agent to have a piece of ground.
WHEREAS, the treaty made and concluded on Holston River, on the second day of July, in the year one thousand
seven hundred and ninety-one between the United States of America, and the Cherokee nation of Indians, had not been
carried into execution, for some time thereafter, by reason of some misunderstandings which had arisen:---And
whereas, in order to remove such misunderstandings, and to provide for carrying the said treaty into effect,
and for re-establishing more fully the peace and friendship between the parties, another treaty was held, made and
concluded by and between them, at Philadelphia, the twenty-sixth day of June in the year one thousand seven hundred
and ninety-four: In which, among other things, it was stipulated, that the boundaries mentioned in the fourth article
of the said treaty of Holston, should be actually ascertained and marked, in the manner prescribed by the said
article, whenever the Cherokee nation should have ninety days notice of the time and place at which the commissioners
of the United States intended to commence their operation: And whereas further delays in carrying the said
fourth article into complete effect did take place, so that the boundaries mentioned and described therein, were not
regularly ascertained and marked, until the latter part of the year one thousand seven hundred and ninety-seven: before
which time, and for want of knowing the direct course of the said boundary, divers settlements were made, by divers
citizens of the United States, upon the Indian lands over and beyond the boundaries so mentioned and described in the
said article, and contrary to the intention of the said treaties: but which settlers were removed from the said Indian
lands by authority of the United States, as soon after the boundaries had been so lawfully ascertained and marked as
the nature of the case had admitted: And whereas, for the purpose of doing justice to the Cherokee nation of Indians
and remedying inconveniences arising to citizens of the United States from the
adjustment of the boundary line between the lands of the Cherokees and those of the United States, or the citizens
thereof, or from any other
cause in relation to the Cherokees; and in order to promote the interests and safety of the said states, and the
citizens thereof, the President of
the United States, by and with the advice and consent of the Senate thereof, hath appointed George Walton, of Georgia,
and the President of
the United States hath also appointed Lieutenant-Colonel Thomas Butler commanding the troops of the United States
in the state of Tennessee,
to be commissioners for the purpose aforesaid: And who, on the part of the United States, and the Cherokee nation
by the undersigned chiefs
and warriors, representing the said nation, have agreed to the following articles, namely:
The peace and friendship subsisting between the United States and the Cherokee people, are hereby renewed, continued,
The treaties subsisting between the present contracting parties, are acknowledged to be of full and operating force;
together with the
construction and usage under their respective articles, and so to continue.
The limits and boundaries of the Cherokee nation, as stipulated and marked by the existing treaties between the parties,
shall be and remain the
same, where not altered by the present treaty.
In acknowledgement for the protection of the United States, and for the considerations hereinafter expressed and
contained, the Cherokee
nation agree, and do hereby relinquish and cede to the United States, all the lands within the following points and
lines, viz. From a point
on the Tennessee river, below Tellico block-house, called the Wild-cat Rock, in a direct line to the Militia spring,
near the Mary-ville road leading
from Tellico. From the said spring to the Chill-howie 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 Chill-howie mountain, until it strikes Hawkinss 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 Tuggaloe river: from the place of beginning, the Wild-cat 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 Hawkinss line leading from Clinch. Thence down the said line to the river Clinch;
thence up the said river to its
junction with Emmerys river; and thence up Emmerys 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 Campbells line.
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.
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.
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
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.
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.
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.
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 twenty-third year of the independence and sovereignty
of the United States.
Nenetuah, or bloody Fellow, his x mark, [L. S.]
Ostaiah, his x mark, [L. S.]
Jaunne, or John, his x mark, [L. S.]
Oortlokecteh, his x mark, [L. S.]
Chockonnistaller, or Stallion, his x mark, [L. S.]
Noothoietah, his x mark, [L. S.]
Kunnateelah, or Rising Fawn, his x mark, [L. S.]
Utturah, or Skin Worm, his x mark, [L. S.]
Weelee, or Will his x mark, [L. S.]
Oolassoteh, his x mark, [L. S.]
Tlorene, his x mark, [L. S.]
Jonnurteekee, or Little John, [L. S.]
Oonatakoteekee, his x mark, [L. S.]
Kanowsurhee, or Broom, his x mark, [L. S.]
Yonah Oolah, Bear at Home, his x mark, [L. S.]
Tunksalenee, or Thick Legs, his x mark, [L. S.]
Oorkullaukee, his x mark, [L. S.]
Kumamah, or Butterfly, his xmark, [L. S.]
Chattakuteehee, his x mark, [L. S.]
Kanitta, or Little Turkey, his x mark, [L. S.]
Kettegiskie, his x mark, [L. S.]
Tauquotihee, or the Glass, his x mark, [L. S.]
Chuquilatague, his x mark, [L. S.]
Salleekookoolah, his x mark, [L. S.]
Tallotuskee, his x mark, [L. S.]
Chellokee, his x mark, [L. S.]
Tuskeegatee, or Long Fellow, his x mark, [L. S.]
Neekaanneah, or Woman Holder, his x mark, [L. S.]
Kulsateehee, his x mark, [L. S.]
Keetakeuskah, or Prince, his x mark, [L. S.]
Charley, his x mark, [L. S.]
Akooh, his x mark, [L. S.]
Sawanookeh, his x mark, [L. S.]
Yonahequah, or Big Bear, his x mark, [L. S.]
Keenahkunnah, his x mark, [L. S.]
Kaweesoolaskee, his x mark, [L. S.]
Teekakalohenah, his x mark, [L. S.]
Ookouseteeh, or John Taylor, his x mark, [L. S.]
Chochuchee, his x mark, [L. S.]
Elisha I. Hall, secretary of the commission, [L. S.]
Silas Dinsmoor, Indian agent to the Cherokees, [L. S.]
John W. Hooker, United States factor, [L. S.]
Edw. Butler, captain commanding at Tellico, [L. S.]
Robert Purdy, lieutenant Fourth U. S. Regiment, [L. S.]
Ludwell Grymes, [L. S.]
Jno. McDonald, [L. S.]
Daniel Ross, [L. S.]
Mattw. Wallace, esquire, [L. S.]
Saml. Hanly, [L. S.]
Michael McKinsey, [L. S.]
Chas. Hicks, interpreter, [L. S.]
James Cazey, interpreter, [L. S.]
John Thompson, [L. S.]
Page © Copyright 2001-present, TNGenNet Inc