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Treaty of the Indian Spring, Jan. 8, 1821
Treaty of the Indian
Spring
January 8, 1821
Articles of a treaty entered into at the Indian
Spring, in the Creek Nation, by Daniel M. Forney, of the State of North
Carolina, and David Meriwether, of the State of Georgia, specially appointed
for that purpose, on the part of the United States; and the Chiefs, Head
Men, and Warriors, of the Creek Nation, in council assembled. /A/
ART. 1. The Chiefs, Head Men, and Warriors, of the Creek Nation, in behalf
of the said nation, do, by these presents, cede to the United States all
that tract or parcel of land, situate, lying, and being, east of the following
bounds and limits, viz: Beginning on the east bank of Flint river, where
Jackson's line crosses, running thence, up the eastern bank of the same,
along the water's edge, to the head of the principal western branch; from
thence, the nearest and a direct line, to the Chatahooche river, up the
eastern bank of the said river, along the water's edge, to the shallow
Ford, where the present boundary line between the state of Georgia and
the Creek nation touches the said river: Provided, however, That, if the
said line should strike the Chatahooche river, below the Creek village
Buzzard-Roost, there shall be a set-off made, so as to leave the said village
one mile within the Creek nation; excepting and reserving to the Creek
nation the title and possession, in the manner and form specified, to all
the land hereafter excepted, viz: one thousand acres, to be laid off in
a square, so as to include the Indian Spring in the centre thereof; as,
also, six hundred and forty acres on the western bank of the Oakmulgee
river, so as to include the improvements at present in the possession of
the Indian Chief General M'Intosh. /B/ /C/ /D/
ART. 2. It is hereby stipulated, by the contracting parties, that the title
and possession of the following tracts of land shall continue in the Creek
nation so long as the present occupants shall remain in the personal possession
thereof, viz: one mile square, each, to include, as /E/ near as may be,
in the centre thereof, the improvements of Michey Barnard, James Barnard,
Buckey Barnard, Cussena Barnard, and Efauemathlaw, on the east side of
Flint river; which reservations shall constitute a part of the cession
made by the first article, so soon as they shall be abandoned by the present
occupants.
ART. 3. It is hereby stipulated, by the contracting parties, that, so long
as the United States continue the Creek agency at its present situation
on Flint river, the land included within the following boundary, viz: beginning
on the east bank of Flint river, at the mouth of the Boggy Branch, and
running out, at right angles, from the river, one mile and a half; thence
up, and parallel with, the river, three miles: thence, parallel with the
first line, to the river; and thence, down the river, to the place of beginning;
shall be reserved to the Creek nation for the use of the United States'
agency, and shall constitute a part of the cession made by the first article,
whenever the agency shall be removed. /F/
ART. 4. It is hereby stipulated and agreed, on the part of the United States,
as a consideration for the land ceded by the Creek nation by the first
article, that there shall be paid to the Creek nation, by the United States,
ten thousand dollars in hand, the receipt whereof is hereby acknowledged;
forty thousand dollars as soon as practicable after the ratification of
this convention; five thousand dollars, annually, for two years thereafter;
sixteen thousand dollars, annually, for five years thereafter; and ten
thousand dollars, annually, for six years thereafter; making, in the whole,
fourteen payments in fourteen successive years, without interest, in money
or goods and implements of husbandry, at the option of the Creek nation,
seasonably signified, from time to time, through the agent of the United
States residing with said nation, to the Department of War. and, as a further
consideration for said cession, the United States do hereby agree to pay
to the state of Georgia whatever balance may be found due by the Creek
nation to the citizens of said state, whenever the same shall be ascertained,
in conformity with the reference made by the commissioners of Georgia,
and the chiefs, head men, and warriors, of the Creek nation, to be paid
in five annual instalments without interest, provided the same shall not
exceed the sum of two hundred and fifty thousand dollars; the commissioners
of Georgia executing to the Creek nation a full and final relinquishment
of all the claims of the citizens of Georgia against the Creek nation,
for property taken or destroyed prior to the act of Congress of one thousand
eight hundred and two, regulating the intercourse with the Indian tribes.
/G/ /H/
ART. 5. The President of the United States shall cause the line to be run
from the head of Flint river to the Chatahooche river, and the reservations
made to the Creek nation to be laid off, in the manner specified in the
first, second, and third, articles of this treaty, at such time and in
such manner as he may deem proper, giving timely notice to the Creek nation;
and this Convention shall be obligatory on the contracting parties, as
soon as the same shall have been ratified by the government of the United
States. /I/
Done at the Indian Spring, this eighth day of January, A.D. eighteen hundred
and twenty-one.
D.M. Forney, (L.S.)
D. Meriwether, (L.S.)
Wm. McIntosh, (L.S.)
Tustunnugee Hopoie, his x mark, (L.S.)
Efau Emauthlau, his x mark, (L.S.)
Holoughlan, or Col. Blue, his x mark, (L.S.)
Cussetau Micco, his x mark, (L.S.)
Sotetan Haujo, his x mark, (L.S.)
Etomme Tustunnuggee, his x mark, (L.S.)
Taskagee Emauthlau, his x mark, (L.S.)
Tuckle Luslee, his x mark, (L.S.)
Tuckte Lustee Haujo, his x mark, (L.S.)
Cunepee Emauthlau, his x mark, (L.S.)
Hethlepoie, his x mark, (L.S.)
Tuskeenaheocki, his x mark, (L.S.)
Chaughle Micco, his x mark, (L.S.)
Isfaune Tustunnuggee Haujo, his x mark, (L.S.)
Wau Thlucco Haujo, his x mark, (L.S.)
Itchu Haujo, his x mark, (L.S.)
Alabama Tustunnuggee, his x mark, (L.S.)
Holoughlan Tustunnuggee, his x mark, (L.S.)
Auhauluck Yohola, his x mark, (L.S.)
Oseachee Tustunnuggee, his x mark, (L.S.)
Houpauthlee Tustunnuggee, his x mark, (L.S.)
Nenehaumaughtoochie, his x mark, (L.S.)
Henelau Tixico, his x mark, (L.S.)
Tusekeagh Haujo, his x mark, (L.S.)
Joseph Marshall, (L.S.)
In presence of - -
I. McIntosh,
David Adams,
Daniel Newman,
Commissioners of Georgia.
D. B. Mitchell, Agent for I.A.
William Meriwether, secretary U.S.C.
William Cook, secretary C.G.
William Hambly,
Sl. Hawkins,
George Levett,
Interpreters. A/ Proclamation, Mar. 2, 1821. B/ Cession by the Creek. C/
Boundaries. D/ Proviso. E/ Title of certain tracts to be in the Creek nation,
so long as the occupants remain, etc. F/ Reservation for United States
agency. G/ Payment for lands ceded. H/ United States to pay to the States
of Georgia the balance due by the Creek Nation. I/ The President to cause
the line to be run, etc.
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