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U.S.-Creek Treaty of New York, Aug. 7, 1790
Treaty of New York
August 7, 1790
A Treaty of Peace and Friendship made and
concluded between the President of the United States of America, on the
Part and Behalf of the said States, and the undersigned Kings, Chiefs and
Warriors of the Creek Nation of Indians, on the Part and Behalf of the
said Nation. /A/
The parties being desirous of establishing permanent peace and friendship
between there United States and the said Creek Nation, and the citizens
and members thereof, and to remove the causes of war by ascertaining their
limits, and making other necessary, just and friendly arrangements: The
President of the United States, by Henry Knox, Secretary for the Department
of War, whom he hath constituted with full powers for these purposes, by
and with the advice and consent of the Senate of the United States, and
the Creek Nation, by the undersigned Kings, Chiefs and Warriors, representing
the said nation, have agreed to the following articles.
ARTICLE I.
There shall be perpetual peace and friendship between all the citizens
of the United States of America, and all the individuals, towns and tribes
of the Upper, Middle and Lower Creeks and Semanolies composing the Creek
nation of Indians. /B/
ARTICLE II.
The undersigned Kings, Chiefs and Warriors, for themselves and all parts
of the Creek Nation within the limits of the United States, do acknowledge
themselves, and the said parts of the Creek nation, to be under the protection
of the United States of America, and of no other sovereign whosoever; and
they also stipulate that the said Creek Nation will not hold any treaty
with an individual State, or with individuals of any State. /C/
ARTICLE III.
The Creek Nation shall deliver as soon as practicable to the commanding
officer of the troops of the United States, stationed at the Rock-Landing
on the Oconee river, all citizens of the United States, white inhabitants
or negroes, who are now prisoners in any part of the said nation. And if
any such prisoners or negroes should not be so delivered, on or before
the first day of June ensuing, the governor of Georgia may empower three
persons to repair to the said nation, in order to claim and receive such
prisoners and negroes. /D/
ARTICLE IV.
The boundary between the citizens of the United States and the Creek Nation
is, and shall be, from where the old line strikes the river Savannah; thence
up the said river to a place on the most northern branch of the same, commonly
called the Keowee, where a north east line to be drawn from the top of
the Occunna mountain shall intersect; thence along the said line in a south-west
direction to Tugelo river; thence to the top of the Currahee mountain;
thence to the head or source of the main south branch of the Oconee river,
called the Appalachee; thence down the middle of the said main south branch
and river Oconee, to its confluence with the Oakmulgee, which form the
river Altamaha; and thence down the middle of the said Altamaha to the
old line on the said river, and thence along the said old line to the river
St. Mary's. /E/
And in order to preclude forever all disputes relatively to the head or
source of the main south branch of the river Oconee, at the place where
it shall be intersected by the line aforesaid, from the Currahee mountain,
the same shall be ascertained by an able surveyor on the part of the United
States, who shall be assisted by three old citizens of Georgia, who may
be appointed by the Governor of the said state, and three old Creek chiefs,
to be appointed by the said nation; and the said surveyor, citizens and
chiefs shall assemble for this purpose, on the first day of October, one
thousand seven hundred and ninety-one, at the Rock Landing on the said
river Oconee, and thence proceed to ascertain the said head or source of
the main south branch of the said river, at the place where it shall be
intersected by the line aforesaid, to be drawn from the Currahee mountain.
And in order that the said boundary shall be rendered distinct and well
known, it shall be marked by a line of felled trees at least twenty feet
wide, and the trees chopped on each side from the said Currahee mountain,
to the head or source of the said main south branch of the Oconee river,
and thence down the margin of the said main south branch and river Oconee
for the distance of twenty miles, or as much farther as may be necessary
to mark distinctly the said boundary. And in order to extinguish forever
all claims of the Creek nation, or any part thereof, to any of the land
lying to the northward and eastward of the boundary herein described, it
is hereby agreed, in addition to the considerations heretofore made for
the said land, that the United States will cause certain valuable Indian
goods now in the state of Georgia, to be delivered to the said Creek nation;
and the United States will also cause the sum of one thousand and five
hundred dollars to be paid annually to the said Creek nation. And the undersigned
Kings, Chiefs and Warriors, do hereby for themselves and the whole Creek
nation, their heirs and descendants, for the considerations above-mentioned,
release, quit claim, relinquish and cede, all the land to the northward
and eastward of the boundary herein described.
ARTICLE V.
The United States solemnly guarantee to the Creek Nation, all their lands
within the limits of the United States to the westward and southward of
the boundary described in the preceding article. /F/
ARTICLE VI.
If any citizen of the United States, or other person not being an Indian,
shall attempt to settle on any of the Creeks lands, such person shall forfeit
the protection of the United States, and the Creeks may punish him or not,
as they please. /G/
ARTICLE VII.
No citizen or inhabitant of the United States shall attempt to hunt or
destroy the game on the Creek lands: Nor shall any such citizen or inhabitant
go into the Creek country, without a passport first obtained from the Governor
of some one of the United States, or the officer of the troops of the United
States commanding at the nearest military post on the frontiers, or such
other person as the President of the United States may, from time to time,
authorize to grant the same. /H/
ARTICLE VIII.
If any Creek Indian or Indians, or person residing among them, or who shall
take refuge in their nation, shall commit a robbery or murder, or other
capital crime, on any of the citizens or inhabitants of the United States,
the Creek nation, or town, or tribe to which such offender or offenders
may belong, shall be bound to deliver him or them up, to be punished according
to the laws of the United States. /I/
ARTICLE IX.
If any citizen or inhabitant of the United States, or of either of the
territorial districts of the United States, shall go into any town, settlement
or territory belonging to the Creek nation of Indians, and shall there
commit any crime upon, or trespass against the person or property of any
peaceable and friendly Indian or Indians, which if committed within the
jurisdiction of any state, or within the jurisdiction of either of the
said districts, against a citizen or white inhabitant thereof, would be
punishable by the laws of such state or district, such offender or offenders
shall be subject to the same punishment, and shall be proceeded against
in the same manner, as if the offence had been committed within the jurisdiction
of the state or district to which he or they may belong, against a citizen
or white inhabitant thereof. /J/
ARTICLE X.
In cases of violence on the persons or property of the individuals of either
party, neither retaliation nor reprisal shall be committed by the other,
until satisfaction shall have been demanded of the party, of which the
aggressor is, and shall have been refused. /K/
ARTICLE XI.
The Creeks shall give notice to the citizens of the United States of any
designs, which they may know or suspect to be formed in any neighboring
tribe, or by any person whatever, against the peace and interests of the
United States. /L/
ARTICLE XII.
That the Creek nation may be led to a greater degree of civilization, and
to become herdsmen and cultivators, instead of remaining in a state of
hunters, the United States will from time to time furnish gratuitously
the said nation with useful domestic animals and implements of husbandry.
And further to assist the said nation in so desirable a pursuit, and at
the same time to establish a certain mode of communication, the United
States will send such, and so many persons to reside in said nation as
they may judge proper, and not exceeding four in number, who shall qualify
themselves to act as interpreters. These persons shall have lands assigned
them by the Creeks for cultivation, for themselves and their successors
in office; but they shall be precluded exercising any kind of traffic.
/M/
ARTICLE XIII.
All animosities for past grievances shall henceforth cease; and the contracting
parties will carry the foregoing treaty into full execution, with all good
faith and sincerity. /N/
ARTICLE XIV.
This treaty shall take effect and be obligatory on the contracting parties,
as soon as the same shall have been ratified by the President of the United
States, with the advice and consent of the Senate of the United States.
/O/
In witness of all and every thing herein determined, between the United
States of America, and the whole Creek nation, the parties have hereunto
set their hands and seals, in the city of New York, within the United States,
this seventh day of August, one thousand seven hundred and ninety.
In behalf of the United States:
H. Knox, (L.S.)
Secretary of War and sole commissioner for treating with the Creek nation
of Indians.
In behalf of themselves and the whole Creek nation of Indians:
Alexander McGillivray, (L.S.)
Cusetahs:
Fuskatche Mico, or Birdtail King, his x mark, (L.S.)
Neathlock, or Second Man, his x mark, (L.S.)
Halletemalthle, or Blue Giver, his x mark, (L.S.)
Little Tallisee:
Opay Mico, or the Singer, his x mark, (L.S.)
Totkeshajou, or Samoniac, his x mark, (L.S.)
Big Tallisee:
Hopothe Mico, or Tallisee King, his x mark, (L.S.)
Opototache, or Long Side, his x mark, (L.S.)
Tuckabatchy:
Soholessee, or Young Second Man, his x mark, (L.S.)
Ocheehajou, or Aleck Cornel, his x mark, (L.S.)
Natchez:
Chinabie, or the Great Natchez Warrior, his x mark, (L.S.)
Natsowachehee, or the Great Natchez Warrior's Brother, his x mark, (L.S.)
Thakoteehee, or the Mole, his x mark, (L.S.)
Oquakabee, his x mark, (L.S.)
Cowetas:
Tuskenaah, or Big Lieutenant, his x mark, (L.S.)
Homatah, or Leader, his x mark, (L.S.)
Chinnabie, or Matthews, his x mark, (L.S.)
Juleetaaulematha, or Dry Pine, his x mark, (L.S.)
Of the Broken Arrow:
Chawookly Mico, his x mark, (L.S.)
Coosades:
Coosades Hopoy, or the Measurer, his x mark, (L.S.)
Muthtee, the Misser, his x mark, (L.S.)
Stimafutchkee, or Good Humor, his x mark, (L.S.)
Alabama Chief:
Stilnaleeje, or Disputer, his x mark, (L.S.)
Oaksoys:
Mumagechee, David Francis, his x mark, (L.S.)
Done in the presence of - -
Richard Morris, chief justice of the State of New York,
Richard Varick, mayor of the city of New York,
Marinus Willet,
Thomas Lee Shippen, of Pennsylvania,
John Rutledge, jun'r,
Joseph Allen Smith,
Henry Izard,
Joseph Cornell, interpreter, his x mark. A/ Proclamation, Aug. 13, 1790.
B/ Peace and friendship perpetual. C/ Indians acknowledge protection of
United States. D/ Prisoners to be restored. E/ Boundaries. F/ Guarantee.
G/ No citizen of United States to settle on Indian lands. H/ Nor hunt on
the same. I/ Indians to deliver up criminals. J/ Citizens of United States
committing crimes against Indians to be punished. K/ Retaliation restrained.
L/ Indians to give notice of designs against United States. M/ United States
to make presents to them. N/ Animosities to cease. O/ Ratification.
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