124 MYTHS OF THE CHEROKEE [eth.anx.19 



for l)riiii;ino- iibout :i fripiidly understanding between the two trilics; 

 and for the coinmutation of all annuities and other sums due from the 

 United States into a permanent national fund, the interest to be placed 

 at the disposal of the officers of the Cherokee Nation and by them 

 disbursed, according to the will of their own people, for the care of 

 schools and orphans, and for general national purposes. 



The western teri'itory assigned the Cherokee under this treaty was 

 in two adjoining tracts, viz, (1) a tract of seven million, acres, together 

 with a ''perpetual outlet west," alread}^ assigned to the western 

 Cherokee under treaty of 1833, as will hereafter be noted,' being 

 identical with the present area occupied by the Cherokee Nation in 

 Indian Territory, together with the former "Cherokee strip." with 

 the exception of a two-mile strip along the northern boundary, now 

 included within the limits of Kansas; {'■2) a smaller additional tract of 

 eight hundred thousand acres, running fifty miles north and south 

 and twenty-fiAC miles east and west, in what is now the southeastern 

 corner of Kansas. For this second tract the Cherokoe themselves 

 were to paj' the United States five hundred thousand dollars. 



The treat}- of 1S33, assigning the first described tract to the western 

 Cherokee, states that the United States agrees to "guaranty it to 

 them forever, and that guarantee is hereby pledged." By the same 

 treaty, "in addition to the seven millions of acres of land thus pro- 

 vided for and bounded, the United States further guaranty to the 

 Cherokee nation a perpetual outlet west and a free and unniolested 

 use of all the country lying west of the western boundary of said 

 seven millions of acres, as far west as the sovereignty of the Ignited 

 States and their right of soil extend . . . and letters patent shall be 

 issued by the United States as soon as practicable for the land hereby 

 guaranteed." All this was reiterated by the present treaty, and made 

 to include also the smaller (second) tract, in these words: 



Art. 3. The United States also agree that the lands aljove ceded by the treaty of 

 February 14, 1833, including the outlet, and those ceded by this treaty, shall all lie 

 included in one patent, executed to the Cherokee nation of Indians by the President 

 of the United States, according to the provisions of the act of May 28, 1830. . . . 



Art. 5. The United States hereby covenant and agree that the lands ceded to the 

 Cherokee nation in the foregoing article shall in no future time, without their con- 

 sent, be included within the territorial limits or jurisdiction of any state or territory. 

 But they shall secure to the Cherokee nation the right of their national eoimcils to 

 make and carry into effect all such laws as they may deem necessary for the govern- 

 ment and jjrotection of the persons and property within their own country belonging 

 to tlieir people or such persons as have connected themseh'es witli them: Provided 

 always, that they shall not be inconsistent with the Constitution of the United States 

 and such acts of Congress as have been or may be passed regulating trade and inter- 

 course with the Indians; and also that they shall not be considered as extending to 

 such latizens and army of the United States as may travel or reside in the Indian 



1 See Fort Gibson treaty, 1833, p. 142. 



