INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, = Treaties

From: Subject: INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties Date: Thu, 16 Jul 2009 09:04:00 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_004C_01CA05F4.5BF71900" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_004C_01CA05F4.5BF71900 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://digital.library.okstate.edu/kappler/Vol2/treaties/cre0341.htm =EF=BB=BF INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, = Treaties

INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties

Compiled and edited by Charles J. Kappler. Washington : Government = Printing=20 Office, 1904.

Home | = Disclaimer & = Usage=20 | Table = of=20 Contents | Index

TREATY WITH THE CREEKS, 1832.
Mar., 24, 1832. | 7 Stat., 366. | Proclamation, Apr. = 4,=20 1832.

Page Images: 341 | 342 | 343

Margin Notes
Cession=20 of land by the Indians.
Land=20 to be surveyed, etc.
Conveyances.=20
Land=20 patents.
Intruders.=20
Additonal=20 locations.
Locations,=20 how to be made.
Additional=20 annuity to Creeks.
Consideration=20 for improvements.
Expenses=20 of delegation.
United=20 States to pay certain claims.
Annuities.=20
Removal=20 of Creeks.
Proviso.=20
Present=20 to emigrants.
Blacksmiths.=20
Creek=20 country west of the Mississippi.
1830,=20 i. 148.
Treaty=20 obligatory when ratified.

Page=20 341

Articles of a treaty made at the City of Washington between Lewis = Cass,=20 thereto specially authorized by the President of the United States, and = the=20 Creek tribe of Indians.

ARTICLE 1.

The Creek tribe of Indians cede to the United = States all=20 their land, East of the Mississippi river.

ARTICLE 2.

The United States engage to survey the said land as = soon as=20 the same can be conveniently done, after the ratification of this = treaty, and=20 when the same is surveyed to allow ninety principal Chiefs of the Creek = tribe to=20 select one section each, and every other head of a Creek family to = select one=20 half section each, which tracts shall be reserved from sale for their = use for=20 the term of five years, unless sooner disposed of by them. A census of = these=20 persons shall be taken under the direction of the President and the = selections=20 shall be made so as to include the improvements of each person within = his=20 selection, if the same can be so made, and if not, then all the persons=20 belonging to the same town, entitled to selections, and who cannot make = the=20 same, so as to include their improvements, shall take them in one body = in a=20 proper form. And twenty sections shall be selected, under the direction = of the=20 President for the orphan children of the Creeks, and divided and = retained or=20 sold for their benefit as the President may direct. Provided however = that no=20 selections or locations under this treaty shall be so made as to include = the=20 agency reserve.

ARTICLE 3.

These tracts may be conveyed by the persons = selecting the=20 same, to any other persons for a fair consideration, in such manner as = the=20 President may direct. The contract shall be certified by some person = appointed=20 for that purpose by the President but shall not be valid 'till the = President=20 approves the same. A title shall be given by the United States on the = completion=20 of the payment.

ARTICLE 4.

At the end of five years, all the Creeks entitled = to these=20 selections, and desirous of remaining, shall receive patents therefor in = fee=20 simple, from the United States.

ARTICLE 5.

All intruders upon the country hereby ceded shall = be removed=20 therefrom in the same manner as intruders may be removed by law from = other=20 public land until the country is surveyed, and the selections made; = excepting=20 however from this provision those white persons who have made their own=20 improvements, and not expelled the Creeks from theirs. Such persons may = remain=20 'till their crops are gathered. After the country is surveyed and the = selections=20 made, this article shall not operate upon that part of it not included = in such=20 selections. But

Page=20 342

intruders shall, in the manner before described, be removed from = these=20 selections for the term of five years from the ratification of this = treaty or=20 until the same are conveyed to white persons.

ARTICLE 6.

Twenty-nine sections in addition to the foregoing = may be=20 located, and patents for the same shall then issue to those persons, = being=20 Creeks, to whom the same may be assigned by the Creek tribe. But = whenever the=20 grantees of these tracts possess improvements, such tracts shall be so = located=20 as to include the improvements, and as near as may be in the centre. And = there=20 shall also be granted by patent to Benjamin Marshall, one section of = land, to=20 include his improverments on the Chatahoochee river, to be bounded for = one mile=20 in a direct line along the said river, and to run back for quantity. = There shall=20 also be granted to Joseph Bruner a colored man, one half section of = land, for=20 his services as an interpreter.

ARTICLE 7.

All the locations authorized by this treaty, with = the=20 exception of that of Benjamin Marshall shall be made in conformity with = the=20 lines of the surveys; and the Creeks relinquish all claim for = improvements.

ARTICLE 8.

An additional annuity of twelve thousand dollars = shall be=20 paid to the Creeks for the term of five years, and thereafter the said = annuity=20 shall be reduced to ten thousand dollars, and shall be paid for the term = of=20 fifteen years. All the annuities due to the Creeks shall be paid in such = manner=20 as the tribe may direct.

ARTICLE 9.

For the purpose of paying certain debts due by the = Creeks,=20 and to relieve them in their present distressed condition, the sum of = one=20 hundred thousand dollars, shall be paid to the Creek tribe as soon as = may be=20 after the ratification hereof, to be applied to the payment of their = just debts,=20 and then to their own relief, and to be distributed as they may direct, = and=20 which shall be in full consideration of all improvements.

ARTICLE 10.

The sum of sixteen thousand dollars shall be = allowed as a=20 compensation to the delegation sent to this place, and for the payment = of their=20 expenses, and of the claims against them.

ARTICLE 11.

The following claims shall be paid by the United = States.=20
For ferries, bridges and causeways, three thousand dollars, provided = that=20 the same shall become the property of the United States.
For the = payment of=20 certain judgments obtained against the chiefs eight thousand five = hundred and=20 seventy dollars.
For losses for which they suppose the United States = responsible, seven thousand seven hundred and ten dollars.
For the = payment=20 of improvements under the treaty of 1826 one thousand dollars.

The three following annuities shall be paid for = life.
To=20 Tuske-hew-haw-Cusetaw two hundred dollars.
To the Blind Uchu King = one=20 hundred dollars.
To Neah Mico one hundred dollars.

There shall be paid the sum of fifteen dollars, for each person who = has=20 emigrated without expense to the United States, but the whole sum = allowed under=20 this provision shall not exceed fourteen hundred dollars.
There = shall be=20 divided among the persons, who suffered in consequence of being = prevented from=20 emigrating, three thousand dollars.
The land hereby ceded shall = remain as a=20 fund from which all the foregoing payments except those in the ninth and = tenth=20 articles shall be paid.

ARTICLE 12.

The United States are desirous that the Creeks = should remove=20 to the country west of the Mississippi, and join their countrymen there; = and for=20 this purpose it is agreed, that as fast as the Creeks are prepared to = emigrate,=20 they shall be removed at the expense of the

Page=20 343

United States, and shall receive subsistence while upon the journey, = and for=20 one year after their arrival at their new homes=E2=80=94Provided=20 however, that this article shall not be construed so as to compel any = Creek=20 Indian to emigrate, but they shall be free to go or stay, as they = please.

ARTICLE 13.

There shall also be given to each emigrating = warrior a=20 rifle, moulds, wiper and ammunition and to each family one blanket. = Three=20 thousand dollars, to be expended as the President may direct, shall be = allowed=20 for the term of twenty years for teaching their children. As soon as half their people emigrate, one blacksmith shall be = allowed them,=20 and another when two-thirds emigrate, together with one ton of iron and = two=20 hundred weight of steel annually for each blacksmith.=E2=80=94These = blacksmiths shall be=20 supported for twenty years.

ARTICLE 14.

The Creek country west of the Mississippi shall be = solemnly=20 guarantied to the Creek Indians, nor shall any State or Territory ever = have a=20 right to pass laws for the government of such Indians, but they shall be = allowed=20 to govern themselves, so far as may be compatible with the general = jurisdiction=20 which Congress may think proper to exercise over them. And the United = States=20 will also defend them from the unjust hostilities of other Indians, and = will=20 also as soon as the boundaries of the Creek country West of the = Mississippi are=20 ascertained, cause a patent or grant to be executed to the Creek tribe;=20 agreeably to the 3d section of the act of Congress of = May 2d,=20 [28,] 1830, entitled "An act to provide for an exchange of lands with = the=20 Indians residing in any of the States, or Territories, and for their = removal=20 West of the Mississippi."

ARTICLE 15.

This treaty shall be obligatory on the contracting = parties,=20 as soon as the same shall be ratified by the United States.

In testimony whereof, the said Lewis Cass, and the undersigned chiefs = of the=20 said tribe, have hereunto set their hands at the city of Washington, = this 24th=20 day of March, A. D. 1832.

Lewis Cass,

Opothleholo, his x mark,

Tuchebatcheehadgo, his x mark,

Efiematla, his x mark,

Tuchebatche Micco, his x mark,

Tomack Micco, his x mark,

William McGilvery, his x mark

Benjamin Marshall.

In the presence of=E2=80=94

Samuel Bell,

William R. King,

John Tipton,

William Wilkins,

C. C. Clay,

J. Speight,

Samuel W. Mardis,

J. C. Isacks,

John Crowell, I. A.

Benjamin Marshall,

Thomas Carr,

John H. Brodnax,

Interpreters.

Search | OSU Library = Electronic=20 Publishing Center

Produced by the Oklahoma State = University=20 Library
URL:=20 http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu

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