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Title:Articles of agreement between the United States and the Cherokee Nation, for opening a road through the said nation from the state of Tennessee to the state of Georgia, 1803 Oct. 20: 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: 4p
Summary:This document, dated October 20, 1803, is a copy or draft of an agreement between the United States and the Cherokee Nation for opening a road from Tellico in Tennessee into Georgia in the direction of the University of Georgia at 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 completed document, with signatures of Cherokee chiefs, also appears in the Southeastern Native American Documents Database as pa0003 .
Repository:Special Collections Library, The University of Tennessee Knoxville
Collection:Penelope Johnson Allen

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Articles of Agreement between the United States and the Cherokee Nation , for opening a Road through the Said nation from the State of Tennessee to the State of Georgia .—

The Cherokee Chiefs 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 , & being desirous to evince to their father the President of the good people of the U-States of their goodwill & friendly disposition — Do hereby agree that a road may be opened from the State of Tennessee to the State of Georgia with the reservations, & provissions [provisions] , as in the following articles is expressed.

Article 1st, The principal Cherokee Chiefs acting in behalf of the whole Cherokee Nation do hereby give their Consent that a convenient communication for the citizens of the United States may be opened at the sole expence [expense] of the said United States , commencing at two points Viz. At South West point on the Cherokee grounds & at Tellico also on the Cherokee grounds & continued on the best & most practicable courses untill [until] they shall intersect on the South Side of the Hiwassee River & its two great branches- & then be continued in one road in the nearest direction on the most practicable ground for a road untill [until] it shall strike that part of Jackson County [added: in the State of Georgia ] in the direction of the site of the College at Athens in said county.

Article 2d, In order to define the width of the road & prevent disputes on that road it is hereby stipulated that the same shall not exceed sixty feet, except on such broken ground where it may be necessary to make Occasional variation from the course of the said road.

Article 3rd, The income arising from the Ferries at South West point , Tellico Hiawassee river ,& its two great Branches, Eustinale River , & such other waters where Boats may be wanted, and such places on the said road as may be for the benefit of the found necessary for the establisment [establishment] of houses of entertainmen[added: t]

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for the accommodation of travellers, is all reserved for the benefit of the Cherokee Nation .

Article 4th, The principal Chiefs in behalf of the Nation hereby engage that good & suitable Boats for the passage of travellers shall be provided at all such places as were it shall be found necessary, & Houses of Entertainment shall also be established at the said Ferries & other places of the said road, not exceeding Ten in the whole

Article 5th, The United States shall make such regulations from time to time relating to the said Ferries & other Establishments on the said road as may be deemed necessary for restraining licentiousness & for preserving good order throughout the whol [whole] of said Road, shall establish the rates of Ferriage for men, Horses, &c [et cetera] , that may travel on the said road.

Article 6th, Officers Civil & military & all military men of the United States when on public service. Public Expresses & Mail carriers shall be exempted from any demand for Ferriage on any part of the said road- and all Cherokee with their Horses, Carriages, &c [et cetera] shall be exempted from paying any ferriage on the said road.

Article 7th, If the United States should deem it proper to permit that the said road should be made a Turnpike road. It is hereby stipulated that some of the Cherokee Chiefs in their own or in behalf of the Cherokee Nation , shall have a right to become Members of a Turnpike Company for the fee purpose of keeping said Road in good condition for travellers for the public benefit, & it is hereby stipulated that as in the case Ferriage The Cherokees shall be exempted from paying anything for passing on the said road.

Article 8th, Commissioners shall be appointed by the U. States to explore Survey & mark the trees where the said road shall be opened, & the Cherokee shall appoint

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four of their principal Chiefs to assist the commissioners aforesaid in exploring the said Road of which they shall have timely notice from the agent.

Article 9th, It is hereby agreed in case the 7th Article shall not meet the approbation of the United States The said articles shall be expunged from this agreement, which shall never the less not in any way effect The remaining Articles, but They shall also have timely notice from the agent remain in full force & be binding on the United States & on the Cherokee Nation .

Article 10th, There shall be triplicates of this agreement made, One of which shall be sent to the Secretary of war- One delivered to the principal Cherokee Chief, and one lodged in the hands of the Agent for the Cherokees .

Done at South West point The 20th Day of October in The year of our Lord one thousand Eight hundred & three

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Oct. 1803

Articles of Agreement

Cite. 1803

Memorandum preparatory to an Agreement for Road &c &c &c [et cetera et cetera et cetera]

Minutes of the Council of the Cherokees on The 20th Octo. 1803 on granting the Road & leasing the Ferries

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