ROYCE. ] TREATY OF AUGUST 6, 1846. 299 
2. All difficulties and differences heretofore existing between the 
several parties of the Cherokee Nation are declared to be settled and 
adjusted. A general amnesty for all offenses is declared and fugitives 
may return without fear of prosecution. Laws shall be passed for the 
equal protection of all. All armed police or military organizations shall 
be disbanded and the laws executed by civil process. Trial by jury is 
guaranteed. 
3. The United States agree to reimburse to the Cherokee Nation all 
sums unjustly deducted for claims, reservations, expenses, etc., from 
the consideration of $5,000,000 agreed to be paid under the treaty of 
1835 to the Cherokees for their lands, and to distribute the same as 
provided in the ninth article of that treaty. 
4. The board of commissioners recently appointed by the President 
have declared that under the provisions of the treaty of 1828 the “ Old 
Settlers,” or Western Cherokees, had no exclusive title to the lands 
ceded by that treaty as against the Eastern Cherokees, and that by 
the equitable operation of that treaty the former acquired a common 
interest in the Cherokee lands east of the Mississippi. This interest of 
the “Old Settlers” was unprovided for by the treaty of 1835. It is 
therefore agreed that a sum equal to one-third of the residuum of per 
eapita fund left after a proper adjustment of the account for distribu- 
tion under the treaty of 1835 shall be paid to said *“‘ Old Settlers,” and 
that in so doing, in estimating the cost of removal and subsistence, it 
shall be based upon the rate fixed therefor in the eighth article of the 
treaty of 1855. In consideration of the foregoing the ‘‘ Old Settlers” 
release to the United States all interest in the Cherokee lands east of 
the Mississippi and all claim to exclusive ownership in the Cherokee 
lands west of the Mississippi. 
5. The per capita allowance to the ‘“‘ Western Cherokees,” or “ Old 
Settlers,” upon the principle above stated, shall be held in trust by the 
United States and paid out to each individual or head of family or his 
representative entifled thereto in person. The President of the United 
States shall appoint five persons as a committee from the “ Old Settlers” 
to determine who are entitled to the per capita allowance. 
6. The United States agree to pay the “Treaty party” the sum of 
$115,000 for losses and expenses incurred in connection with the treaty 
of 1835, of which $5,000 shall be paid to the legal representatives or 
heirs of Major Ridge, $5,000 to those of John Ridge, and $5,000 to those 
of Elias Boudinot. The remainder shall be distributed among those 
who shall be certified by a committee of the “ Treaty party” as entitled, 
provided that the present delegation of the party may deduct $25,000, 
to be by them applied to the payment of claims and expenses. And if 
the said sum of $100,000 should be insufficient to pay all claims for 
losses and damages, then the claimants to be paid pro rata in full satis- 
faction of said claims. 
7. All individuals of the ‘“* Western Cherokees” who have been dis- 
