228 MYTHS OF THE CHEROKEE [eth.ann.19 



tinues: "Such heads of Cherokee famiUes as are desirous to reside within the states 

 of North Carohna, Tennessee, and Alabama, subject to the laws of the same, and 

 who are qualified or calculated to become useful citizens, shall be entitled, on the 

 certificate of the commissioners, to a preemption right to one hundred and sixty 

 acres of land, or one ijuarter section, at the minimum Congress price, so as to include 

 the present buildings or improvements of those who now reside there; and such as 

 do not live there at present shall be permitted to locate within two years any lands 

 not already occupied Ijy persons entitled to preemption privilege under this treaty," 

 etc. Article 13 defines terms with reference to indi\idual reservations granted under 

 former treaties. The preamble to the supplementary articles agreed upon on March 

 1, 1836, recites that, "Whereas the President of the United States has expressed his 

 determination not to allow any preemptions or reservations, his desire being that the 

 whole Cherokee people should I'emove together and establish themselves in the 

 country provided for them west of the Mississippi river (article 1) : It is therefore 

 agreed that all preemption rights and reservations provided for in articles 12 and 13 

 shall Ije, and are hereby, relinquished and declared void." The treaty, in this shape, 

 was ratified on May 23, 1836 (see Indian Treaties, pp. 633-648, 1837). 



