ROYCE.) TREATY OF DECEMBER 29, 1835 253 
rights in the new country, and that an asylum should be established 
for the maintenance of the orphan children of the tribe. The negotia- 
tions thus entered into were, however, barren of results, inasmuch as 
President Jackson refused to recommend the treaty to the Senate for 
the advice and consent of that body.! 
TREATY CONCLUDED DECEMBER 2g, 1835; PROCLAIMED MAY 23, 1836. 
Held at New Echota, Georgia, between General William Carroll and John 
F. Schermerhorn, commissioners on the part of the United States, and the 
chiefs, headmen, and people of the Cherokee tribe of Indians 
MATERIAL PROVISIONS. 
The preamble recites at considerable length the reasons for the nego- 
tiation of the treaty and the preliminary steps taken, following which 
the provisions of the treaty as concluded are given. 
1. The Cherokee Nation cedes to the United States all the land claimed 
by said Nation east of the Mississippi River, and hereby releases all 
claims on the United States for spoliations of every kind for and in con- 
sideration of $5,000,000. In case the United States Senate shonld decide 
that this sum does not include spoliation claims, then $300,000 additional 
should be allowed for that purpose. 
2. The description of the 7,000,000 acres of land guaranteed to the 
Cherokees west of the Mississippi by the treaties of 1828 and 1833 is 
repeated, and in addition thereto the further guaranty is made to the 
Cherokee Nation of a perpetual outlet west, and a free and unmolested 
use of all the country west of the western boundary of said 7,000,000 
acres, as far west as the sovereignty of the United States and their right 
of soil extend, provided that if the salt plain shall fall within the limits of 
said outlet the right is reserved to the United States to permit other 
tribes of Indians to procure sait thereon. ‘And letters patent shall be 
issued by the United States as soon as practicable for the land hereby 
guaranteed.” 
It being apprehended that the above would afford insufficient land for 
the Cherokees, the United States, in consideration of $500,000, agree to 
patent to them in fee simple the following additional tract, viz: Begin- 
ning at the southeast corner of the Osage Reservation, and running north 
along the east line of the Osage lands 50 miles to the northeast corner 
thereof, thence east to the west line of the State of Missouri, thence with 
said line south 50 miies, thence west to the place of beginning, estimated 
to contain 800,000 aeres, it being understood thatif any of the Quapaw 
lands should fall within these limits they should be excepted. 
3. All the foregoing described lands to be included in one patent, 
under the provisions of the act of May 28, 1830; the United States to 

‘See Indian Office records. 
2United States Statutes at Large, Vol. VII, p. 478. 
