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Treaty between the Cherokee Nation and John Stuart, agent of George III, King of Great Britain, concerning the boundary between Cherokee land and Virginia, North Carolina, and South Carolina
George III, King of Great Britain, 1738-1820; Cherokee Indian Nation
October 14, 1768
Volume 07, Pages 851-855

[From MS. Records in Office of Secretary of State.]

At a Congress of the Principal Chiefs & Warriers of the Cherokee Nation of Indians, Held at hard labour, in the Province of South Carolina the fourteenth day of October in the Year of our Lord one thousand seven hundred & sixty eight, by John Stewart Esqr his Majesty's Agent for and Superintendant of the affairs of the Indian Nations in the Southern district of North Carolina.

A Treaty for the Ratification and Confirmation of several Cessions to his Most Sacred Majesty George the third, by the Grace of God of Great Britain, France & Ireland, King defender of the Faith & so forth, made at different times by the said Nation of Cherokee Indians, of certain Lands lying within the limits of the provinces of South Carolina, North Carolina & Virginia, & for the continuance and preservation of Peace between his Majesty and the said Cherokee Indians.

It having been found necessary for the preservation of the peace & Tranquility of his Majesty's provinces in the Southern district of North America, to ascertain a Boundary Line dividing the Lands ceded to His Majesty, within the limits of said provinces, by the Indian Nations, in the said district from the lands reserved by the said Nations of Indians, for their own Use & as hunting Grounds and to prevent as much as possible, Disputes between the white

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Inhabitants of the respective provinces, & the different Indian Tribes, on account of encroachments on the Lands reserved by said Tribes and Whereas for the purpose & Intent above receited, various Treaties & Agreements, have been entered into by John Stuart Esqr His Majesty's Agent for & Superintendant of Indian Affairs in the Southern District, & the Governors of the respective provinces, within the said District, with the different Tribes of Indians therein, by which, Cessions of Lands have been made, by said Tribes to his Majesty within the limits of the respective provinces, and boundary lines, dividing the lands reserved by the Indians, from those ceded as aforesaid have been determined & fixed with the Approbation & consent of the Governors and Councils of the respective provinces, and Whereas said Treaties & Agreements have been submitted to his Majesty who has been graciously pleased to approve of them, and order that the boundary line behind said provinces as reported upon & marked by the Right Honble Lords Commissioners for Trade & plantations, the seventh day of March, in the Year of our Lord, one thousand seven hundred & sixty eight, be as soon as possible Ratify'd & confirmed, by His Royal Authority, & that John Stuart Esqr his Majesty's Agent for and Superintendant of the said Indian Tribes, should as speedily as posstable enter into Treaties with the said Indians for the above purpose And Whereas the Nation of Cherokee Indians, did by their Deputies, on the tenth day of January in the Year of our Lord one thousand seven hundred & sixty six, at Fort Prince George cede to his Majesty and his Heirs forever, all the lands formerly claimed by and belonging to said Indians, lying within the province of South Carolina, to the Eastward of a certain line, marked by their said Deputies, in conjunction with Alexander Cameron Esqr Deputy Superintendant & Edward Wilkinson Esqr Commissioner for the province of South Carolina, beginning at a place called Towatuhe on the Northern Bank of Savanna River, & thence running in a North, Fifty degrees East course to Dewisses corner, & thence in the same course to Waughoe, or Elm tree on the South side of Reedy River, And Whereas the said Nation of Indians did by their Deputies, on the thirteenth day of June in the Year of our Lord one thousand seven hundred & sixty seven, likewise Cede to His Majesty & his Heirs forever, all the lands formerly belonging to and claimed by said Indians, lying within the province of North Carolina, to the Eastward of a certain line marked by their said
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Deputies in Conjunction with Alexander Cameron Esqr Deputy Superintendant, & John Rutherford, Robert Palmer, & John Frohock Esqrs Commissioners for the province of North Carolina, beginning at Waughoe or Elm Tree on the South side of Reedy River, standing on the South side of said river, where the South Carolina line terminates, and running thence a North course about Fifty Miles to the Mountains, to a Spanish Oak, marked with the Initial letters of the Commissioners Names & several other trees with the Names & marks of Juds Friend, Saliey Ecuy & other Deputies from the Cherokee Nation, standing on the top of a Mountain, now called Tryon Mountain near the sources of White Oak and Packalato Creeks, the former discharging its Waters into Green River, and the latter into Broad River, and the Mountains being found Impervious & it being therefore deemed by the said Indian Chiefs, Deputy Superintendant, and Commissioners, impracticable to continue to mark the said line, it was agreed upon by the Parties that the line dividing the lands ceded to His Majesty, in North Carolina, from those reserved by the Cherokee Indians, for their Hunting Grounds, should be continued as follows, Vizt, From the top of Tryon Mountain beginning at the marked Trees thereon in a straight line to Colo Chiswell's Mine, on the Eastern Bank of the great Conhoway River in Virginia being a North & B. E. course, And Whereas in several Talks & Messages from the great Council of the Cherokee Nation assembled at Chote to John Stuart Esqr His Majesty's Superintendant, the said Indians declared their Determination of ceding to His Majesty & His Heirs forever, all the lands formerly claimed by & belonging to said Nation of Indians, lying within the province of Virginia, to the Eastward of the line already described, as far as Chiswell's Mine as well to the Eastward of a line to be marked by Deputies from said Nation of Cherokees, in Conjunction with the Superintendant of the Southern District or His Deputy & certain Commissioners to be appointed by the aforesaid province of Virginia, running in a straight line from Chiswell's Mine on the great Conhoway aforesaid to the confluence of said River with the Ohio, where the Boundary Line behind the Northern District terminates.

Article Ist. Pursuant Therefore to His Majesties orders to, & power & authority vested in John Stuart Esqr His Majesty's Agent for & Superintendant of the Affairs of the Indian Tribes in the Southern District of North Carolina, It is agreed upon by the said John Stuart

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Esqr on behalf of His Most Sacred Majesty George the Third by the Grace of God of Great Britain, France, & Ireland King, defender of the Faith & so forth, & by the subscribing Cherokee Chiefs and Warriors on behalf of their said Nation, in consideration of His Majesty's generosity & paternal Goodness, so often Demonstrated to them the said Cherokee Indians, That the above recited Treaties & Agreements be Ratified and Confirmed, & they are Hereby Ratified & Confirmed accordingly, and it is by these presents firmly Stipulated & Agreed upon by the parties aforesaid, that the above recited line, beginning at a place called Towatuhe, on the northern bank of Savanna River & Running a North fifty degrees East course to a place called Dewisses corner, or the Yellow Water, & thence in the same course to Waughoe or Elm Tree on the South side of Reedy River; & from the said Waughoe or Elm Tree in a North Course to a Spanish Oak mark'd with the Initial letters of the Names of the North Carolina Commissioners above recited, & several other Trees with the Names & marks of Juds Friend, Saliey, Ecuy, & other Deputies of the Cherokee Nation, standing on the top of a Mountain, now called Tryon Mountain, where the Ridge of Mountains becomes Impervious, and from the top of Tryon Mountain, at the marked Trees aforesaid, in a straight line about a N by E Course to Colo Chiswell's Mine on the Eastern bank of the great Conhoway, and from thence in a straight line to the Mouth of the great Conhoway River, where it discharges itself into the Ohio River, shall remain & be deem'd by all His Majesty's Subjects, as well as by the Indians of the Cherokee Nation, the true Limits & Boundaries of the Lands reserved by said nation of Indians for their own proper Use, and Dividing the same from the lands Ceded by them to His Majesty within the provinces of South Carolina, North Carolina, & Virginia, and that His Majesty's white Subjects inhabiting said provinces, shall not upon any pretence whatsoever Settle beyond the said line, nor shall the said Indians of the Cherokee Nation Encroach or make Settlements on the lands which they have ceded, and by this Treaty confirm to His Majesty.

Article IInd. And it is further agreed upon and stipulated by the Contracting Parties, that no alteration whatsoever shall henceforward be made in the Boundary lines, above recited, and now solemnly agreed upon, Ratified & Confirmed as aforesaid, except such as may hereafter be found Expedient & Necessary for the mutual Interests of both parties, and which Alteration shall be

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made with the full Consent of the Superintendant, or such other Person or Persons as shall be Authorized by His Majesty, as well as with the Consent and Approbation of the Cherokee Nation of Indians, at a Congress or general Meeting of Indians to be held for said purpose, and not in any other Manner.

Article III. And it is further Stipulated and Agreed by the Contracting parties, that the Second & Third Articles of the Treaty for the preservation of peace & Friendship between His Majesty and the above Nation of Indians, concluded at Augusta in the province of Georgia, on the tenth day of November in the Year of our Lord One thousand Seven hundred and sixty three, by the Superintendant, in Conjunction with the Governors of the respective provinces in the Southern District, and the principal Chiefs & Warriors as well of the said Nation as of the Creek, Chactaw, Chickesaw & Catawba Nations, are hereby Ratified and Confirmed, and shall forever be Observed by the said Parties.

In Testimony Whereof the said Superintendant on behalf of His Majesty, and the underwritten Cherokee Chiefs on behalf of their Nation, have signed and Sealed this present Treaty at the Time & Place aforesaid.

JOHN STUART [L. S.]
Superintendant of and Agent for Indian Affairs, Southern District.
OUCONNASTOTAH
His
+
Mark.
COTCHATOY
His
+
Mark.
WILLINAWAW
His
+
Mark.
CHINISTOE
His
+
Mark.
USTENECA
His
+
Mark.
RAVEN OF TUGALOO
His
+
Mark.
TIFTOE
His
+
Mark.
MANKILLER OF CHOTE
His
+
Mark.
ECUY
His
+
Mark.
OTACITE OF QUARATRIE
His
+
Mark.
SALIEY
His
+
Mark.
RAVEN OF NEWCASSIE
His
+
Mark.
WARRIOR OF COWIE
His
+
Mark.
TUCKASSIE KEOWEE
His
+
Mark.
THE WOLF OF KEOWEE
His
+
Mark.
CONANENNAH
His
+
Mark.
By order of the Superintendant.
William Ogilvy Secy.
I certify the above to be a true copy.
JOHN STUART.