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Title:Articles of agreement between the United States and the Cherokee Nation for opening a road from the state of Tennessee to the state of Georgia through the Cherokee Nation / [recorded by] Return J. Meigs: a machine-readable transcription

This work is the property of The University of Tennessee Special Collections Library, Knoxville, TN. It may be used freely by individuals for research, teaching, and personal use as long as this statement of availability is included in the text.

Date: October 20, 1803
Extent: 3p
Summary:This document is an agreement between the United States and the Cherokee Nation for opening a road from Tellico in Tennessee into Jackson County, Georgia in the direction of the University of Georgia in Athens, Georgia. The articles of the agreement enumerate the specific rights and powers reserved to the Cherokee Nation respecting tolls, ferries, and travel along the road. The agreement was set down by Return J. Meigs and bears the signature of a number of Cherokee leaders including Charles Hicks, Pathkiller, James Vann and Black Fox.
Repository:Special Collections Library, The University of Tennessee Knoxville
Collection:Penelope Johnson Allen

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The Cherokee Nation having taken into consideration the request of their father the President of the United States to grant that a Road may be opened through their Nation from the State of Tennessee to the State of Georgia and being desirous to evince to their father the President and the good people of the United States , their good will and friendly disposition do hereby agree that a road may be opened from the State of Tennessee to the State of Georgia with the reservations and provisions as in the following articles are expressed, and further to evince [added: to] our father the President we are not influenced by Pecuniary motives we make a present of this [unclear: road ] to the United States

Article 1st. We the head men and warriors of the Cherokee Nation , do consent that the United States may open a communication from the State of Tennessee to the State of Georgia , solely at the expense of the United States , commencing at two points to wit, on the Cherokee grounds [added: at South West Point and Tellico ] and continued on the most practacable [practicable] grounds for good road untill [until] they shall intersect, on the South side of the Highwassee River and its two great branches, thence to be continued in one road to Jackson County in the State of Georgia in the direction of the site of the College at Athens in said county, the said road shall not exceed sixty feet in width.

Article 2nd, The Cherokee Nation reserve to themselves the income of the Ferries and the Stands on the road for houses of entertainment and agree that one ferry shall be kept at SouthWest point , one at Tellico , and one at the river Chatahuchee where the said road shall cross the said River, the Ferry at South West Point

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shall be put into the hands of our Beloved Chief Doublehead , the other two shall be rented by our Agent to Citizens of the United States , to the highest bidder, the preference in renting these Ferrys [Ferries] shall be in favor of persons having connections in the Cherokee Nation , other things being equal

Article 3rd, The Cherokee Nation shall establish houses of entertainment on the said [added: road] at three places to wit at South West point , Tellico & Chatahuchee , at the Ferries aforesaid, and it is hereby stipulated that after the said road shall be opened by the United States , the Cherokee Nation with their connections will form a Turnpike Company for keeping the said road constantly in [added: good] repair for travellers with carriages & Horses &c [et cetera], and in order to preserve good order on the said road, it is the request of the Cherokee Nation that the United States will place not less than a Subaltern's Command at or near the Point where the said road shall intersect the Georgia line as aforesaid, for the conveniency [convenience] of said command a sufficient quantity of ground within their own boundary shall be appropriated for wood &c [et cetera]. The United States shall make such regulations as may be found proper to prevent persons from evading the payment of Ferriage or Toll and shall fix the rates of ferriage and toll according to custom in such cases.

Article 4th, In order to prevent disorder from being communicated to the Cherokees live stocks, no Meat Cattle from the Southern States shall be driven through the said Nation and in order to prevent the stealing of Horses, or purchasing them without license, or other impositions affecting the Horses and Cattle of the Cherokees . A description of horses, and their number shall be inserted [added: in] the passports of those persons who may be taking them through the said Nation, and the Cherokees shall not be answerable for [unclear: estrays ] from the Citizens of the United States on said road.

Article 5th, All officers civil and military and all military men of

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the United States , when on public service, mail carrier, with their horses and carriages shall be exempted from paying toll or ferriage on said road- also all Cherokees with their horses, cattle and all white men residing in the Cherokee Nation shall be exempted from any demands for toll or ferriage on said road.

Article 6th. Commissioners shall be appointed by the United States to explore, survey, and mark the trees where the said road shall be opened. And the Cherokees shall appoint four of their Chiefs to attend with the said Commissioners on that business.

Article 7th. Triplicates of this agreement shall be made, one of which shall be sent to the Secretary of War, one delivered to the principal Cherokee Chiefs and one kept in the office of the Cherokee Agent.

Done at South west Point the twentieth day of October in the Year of our Lord One thousand Eight hundred and three

Return J. Meigs
[unclear: F. ] agent for the Cherokees in behalf of the United States
Before signing the within agreement the note on the margin was made. Witnesses present.
In explanation to article 1st. it is understood that there is to be only one fork on the said communication as expressed in said first article, that no other branch or branches shall ever be permitted to be opened without the consent of the Cherokee Nation and when opened the direction of the road shall not be changed.
Frances Johnson Capt 2nd United States Reg. Infantry
[unclear: Klaus Lt ] US Regt Arty [Regiment Artillery]
[unclear: Jo ] Brahan 1st Lieut. 2nd Regiment Infantry & Paymaster district of Tennessee
Tho. [Thomas] Van Dyke Surgeons mate
Merriwether Smith
Wm [William] Lovely
Charles Hicks
Black Fox X P. [Principal] Chief
Pathkiller X
Glass X
[unclear: Tugustuskee ]
Kutagiskee X
[unclear: Chulioa ] Creek Interpreter X
[unclear: Tuluntuskee ] X
Tulleat Home X
Tuneegetchee X
Warriors Nephew X
Chief Satchee X
[unclear: Eusanatee ] X
Will Elders X

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James Vann

An agreement for opening a road thro [through] the Cherokee Nation concluded the 20th day of October 1803.

continued on file of 1822

Agreement for opening roads thro [through] the Cherokee Nation 20 Oct. 1803

A Triplicate

A product of DLPS
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