MooNKY] 



TREATY OF NKW ECHOTA 1835 125 



couiilry by permission, accDnlintr to tlic laws ami re^'ulatinns establish(>(l liy the piv- 

 erninent of the siame. . . . 



Art. 6. Perpetual peace ami friemlsliip shall exist between the citizens of the 

 United States and the Cherokee Indians. The United States agree to protect the 

 Cherokee nation from domestic strife and foreign enemies and against inte-stine wars 

 between the several tribes. The Cherokee.s shall endeavor to preserve and maintain 

 the peace of the country, and not make war upon their neighbors; they shall also be 

 jirotected against interruption and intrusion from citizens of the United States who 

 may attempt to settle in the country without their consent; and all such persona 

 shall be removed from the same by order of the President of the United States. But 

 this ia not intended to prevent the residence among them of useful farmers, mechan- 

 ics, and teachers for the instruction of the Indians according to treaty stipulations. 



Article 7. The Cherokee nation having already made great progress in civiliza- 

 tion, and deeming it important that every proper and laudable inducement should 

 be offered to their people to improve their condition, as well as to guard and secure 

 in the most effectual manner the rights guaranteed to them in this treaty, and with 

 a view to illustrate the liberal and enlarged policy of the government of the United 

 States toward the Imlians in their removal Ijeyond the territorial limits of the states, 

 it is stii)ulated that they shall l)e entitled to a Delegate in the House of Representa- 

 tives of the United States whenever Congress shall make ])rovision for the same. 



The instrument was signed })y (Governor) William Carroll of Ten- 

 nessee and (Reverend) J. F. Schermerhorn as commissioners — the 

 former, however, having been unable to attend by reason of illness — ■ 

 and V)y twenty Cherokee, among- whom the most prominent were Major 

 llidge and Elias Boudinot, former editor of the Pha'nix. Neither 

 John Ross nor any one of the officers of the Cherokee Nation was present 

 or represented. After some changes by the Senate, it was ratitied 

 May 23, 1836.' 



I'pon the treaty of New Echota and the treaty previou.sly made with 

 the western Cherokee at Fort Gibson in 1833, the united Cherokee 

 Nation ba.sed its claim to the present territory held by the tribe in 

 Indian Territory and to the Cherokee outlet, and to national self-govern- 

 ment, with protection from outside intrusion. 



An official census taken in 183.5 showed the whole number of Chero- 

 kee in Georgia, North Carolina, Alabama, and Temiessee to be 16, .512, 

 exclusive of 1,592 negro slaves and 201 whites intermarried with 

 Cherokee. The (^herokee were distributed as follows: Georgia. S.ltKI; 

 North Carolina, 3,()44; Tennessee, 2,528; Alabama, 1,424.- 



Despite the efforts of Ross and the national delegates, who presented 

 protests with signatures representing nearly 16,000 Cherokee, the treaty 



iSwNewEchola treaty, lS3.i, and Fort Gibson treaty, 1833, Indian Treaties, pp. 633-G48 and .'ifil-.5G.5, 

 1837; also, for full discnssittn of botli trt-alit's, Iloyce, Cherokt-e Nation, Fifth Ann. Rep. Bureau of Kth- 

 nology, pp. 2-19-'29S. For a Kuniinary of all the measures of pressure brought to bear upon the ('her- 

 okee up to the final removal see also Kverett, speech in the House of Representjitives, ifay 31. 1838; 

 the chapters on " Expatriation of the Chcrokees," Drake, Indians, 1880; and the chapter on "Stjvte 

 Right.s— N'liUiflealion," in Greeley, American Conflict, i, 18M, The Georgia side of the controversy is 

 presented in E.J. Uarden's Life of (Governor) George M. Troup, 18-19. 



sRoyce, op. cit., p. 289. The Indian total is also given in the Report of the Indian Commissioner, 

 p. 369, 18:iC. 



