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U.S.-Creek Treaty of Washington, Jan. 24, 1826
Treaty of Washington
January 24, 1826
Articles of a treaty made at the City of Washington,
this twenty-fourth day of January, one thousand eight hundred and twenty-six,
between James Barbour, Secretary of War, thereto specially authorized by
the President of the United States, and the undersigned, Chiefs and Head
Men of the Creek Nation of Indians, who have received full power from the
said Nation to conclude and arrange all the matters herein provided for.
/A/
WHEREAS a treaty was concluded at the Indian Springs, on the twelfth day
of February last, between Commissioners on the part of the United States,
and a portion of the Creek Nation, by which an extensive district of country
was ceded to the United States. /B/
And whereas a great majority of the Chiefs and Warriors of the said Nation
have protested against the execution of the said Treaty, and have represented
that the same was signed on their part by persons having no sufficient
authority to form treaties, or to make cessions, and that the stipulations
in the said Treaty are, therefore, wholly void.
And whereas the United States are unwilling that difficulties should exist
in the said Nation, which may eventually lead to an intestine war, and
are still more unwilling that any cessions of land should be made to them,
unless with the fair understanding and full assent of the Tribe making
such cession, and for a just and adequate consideration, it being the policy
of the United States, in all their intercourse with the Indians, to treat
them justly and liberally, as becomes the relative situation of the parties.
Now, therefore, in order to remove the difficulties which have thus arisen,
to satisfy the great body of the Creek Nation, and to reconcile the contending
parties into which it is unhappily divided, the following articles have
been agreed upon and concluded, between James Barbour, Secretary of War,
specially authorized as aforesaid, and the said Chiefs and Head Men representing
the Creek Nation of Indians:
ARTICLE 1.
The Treaty concluded at the Indian Springs, on the twelfth day of February,
one thousand eight hundred and twenty-five, between Commissioners on the
part of the United States and the said Creek Nation of Indians, and ratified
by the United States on the seventh day of March, one thousand eight hundred
and twenty-five, is hereby declared to be null and void, to every intent
and purpose whatsoever; and every right and claim arising from the same
is hereby cancelled and surrendered. /C/
ARTICLE 2.
The Creek Nation of Indians cede to the United States all the land belonging
to the said Nation in the State of Georgia, and lying on the east side
of the middle of the Chatahoochie river. And, also, another tract of land
lying within the said State, and bounded as follows: Beginning at a point
on the western bank of the said river, forty-seven miles below the point
where the boundary line between the Creeks and Cherokees strikes the Chatahoochie
river, near the Buzzard's Roost, measuring the said distance in a direct
line, and not following the meanders of the said river; and from the point
of beginning, running in a direct line to a point in the boundary line,
between the said Creeks and the Cherokees, thirty miles west of the said
Buzzard's Roost; thence to the Buzzard's Roost, and thence with the middle
of the said river to the place of beginning. /D/
ARTICLE 3.
Immediately after the ratification of this Treaty, the United States agree
to pay to the Chiefs of the said Nation the sum of two hundred and seventeen
thousand six hundred dollars to be divided among the Chiefs and Warriors
of the said Nation. /E/
ARTICLE 4.
The United States agree to pay to the said Nation an additional perpetual
annuity of twenty thousand dollars. /F/
ARTICLE 5.
The difficulties which have arisen in the said nation, in consequence of
the Treaty of the Indian Springs, shall be amicably adjusted, and that
portion of the Creek Nation who signed that treaty shall be admitted to
all their privileges, as members of the Creek Nation, it being the earnest
wish of the United States, without undertaking to decide upon the complaints
of the respective parties, that all causes of dissatisfaction should be
removed. /G/
ARTICLE 6.
That portion of the Creek Nation, known as the friends and followers of
the late General William McIntosh, having intimated to the government of
the United States their wish to remove west of the Mississippi, it is hereby
agreed, with their assent, that a deputation of five persons shall be sent
by them, at the expense of the United States, immediately after the ratification
of this treaty, to examine the Indian /H/ country west of the Mississippi,
not within either of the States or Territories, and not possessed by the
Choctaws or Cherokees. And the United States agree to purchase for them,
if the same can be conveniently done upon reasonable terms, wherever they
may select, a country, whose extent shall, in the opinion of the President,
be proportioned to their numbers. And if such purchase cannot be thus made,
it is then agreed that the selection shall be made where the President
may think proper, just reference being had to the wishes of the emigrating
party.
ARTICLE 7.
The emigrating party shall remove within twenty-four months, and the expense
of their removal shall be defrayed by the United States. And such subsistence
shall also be furnished them, for a term not exceeding twelve months after
their arrival at their new residence, as, in the opinion of the President,
their numbers and circumstances may require. /I/
ARTICLE 8.
An agent, or sub-agent and Interpreter, shall be appointed to accompany
and reside with them. And a blacksmith and wheelwright shall be furnished
by the United States. Such assistance shall also be rendered to them in
their agricultural operations, as the President may think proper. /J/
ARTICLE 9.
In consideration of the exertions used by the friends and followers of
General McIntosh to procure a cession at the Indian Springs, and of their
past difficulties and contemplated removal, the United States agree to
present to the Chiefs of the party, to be divided among the Chiefs and
Warriors, the sum of one hundred thousand dollars, if such party shall
amount to three thousand persons, and in that proportion for any smaller
number. Fifteen thousand dollars of this sum to be paid immediately after
the ratification of this treaty, and the residue upon their arrival in
the country west of the Mississippi. /K/
ARTICLE 10.
It is agreed by the Creek Nation, that an agent shall be appointed by the
president, to ascertain the damages sustained by the friends and followers
of the late General McIntosh, in consequence of the difficulties growing
out of the Treaty of the Indian Springs, as set forth in an agreement entered
into with General Gains, at the Broken Arrow, /L/ and which have been done
contrary to the laws of the Creek Nation; and such damages shall be repaired
by the said Nation, or the amount paid out of the annuity due to them.
/M/
ARTICLE 11.
All the improvements which add real value to any part of the land herein
ceded shall be appraised by Commissioners, to be appointed by the President;
and the amount thus ascertained shall be paid to the parties owning such
improvements. /N/
ARTICLE 12.
Possession of the country herein ceded shall be yielded by the Creeks on
or before the first day of January next. /O/
ARTICLE 13.
The United States agree to guarantee to the Creeks all the country, not
herein ceded, to which they have a just claim, and to make good to them
any losses they may incur in consequence of the illegal conduct of any
citizen of the United States within the Creek country. /O/
ARTICLE 14.
The President of the United States shall have authority to select, in some
part of the Creek country, a tract of land, not exceeding two sections,
where the necessary public buildings may be erected, and the persons attached
to the agency may reside. /Q/
ARTICLE 15.
Wherever any stream, over which it may be necessary to establish ferries,
forms the boundary of the Creek country, the Creek Indians shall have the
right of ferriage from their own land, and the citizens of the United States
from the land to which the Indian title is extinguished. /R/
ARTICLE 16.
The Creek Chiefs may appoint three Commissioners from their own people,
who shall be allowed to attend the running of the lines west of the Chatahoochy
river, and whose expenses, while engaged in this duty, shall be defrayed
by the United States. /S/
ARTICLE 17.
This treaty, after the same has been ratified by the President and Senate,
shall be obligatory on the United States and on the Creek Nation. /T/
In testimony whereof, the said James Barbour, Secretary of War, authorized
as aforesaid, and the chiefs of the said Creek nation of Indians, have
hereunto set their hands, at the City of Washington, the day and year aforesaid.
James Barbour,
O-poth-le Yoholo, his x mark,
John Stidham, his x mark,
Mad Wolf, his x mark,
Menawee, his x mark,
Tuskeekee Tustunnuggee, his x mark,
Charles Cornells, his x mark,
Timpoochy Barnard, his x mark,
Apauly Tustunnuggee, his x mark,
Coosa Tustunnuggee, his x mark,
Nahetluc Hopie, his x mark,
Selocta, his x mark,
Ledagi, his x mark,
Yoholo Micco, his x mark.
In presence of - -
Thomas L. McKenney,
Lewis Cass,
John Crowell, agent for Indian Affairs,
Hezekiah Miller,
John Ridge, secretary Creek delegation,
David Vann. A/ Proclamation, Apr. 22, 1826. B/ Preamble. C/ Treaty of Indian
Springs declared null and void. D/ Lands ceded to the United States. E/
Payment to said nation. F/ Perpetual annuity. G/ Difficulties to be adjusted,
etc. H/ A deputation to examine the Indian country west of the Mississippi,
etc. I/ Emigrating party to remove within twenty-four months, etc. J/ An
agent, etc., to be appointed to reside with them. K/ Presents to Indians.
L/ This agreement, which is unratified, is set forth in the Appendix, post,
p. 1034. The original can not be found, but a copy is among the files of
the Indian Office, General Files, Creek, 1825-1826. - - E. P. Gaines. M/
Certain damages to be ascertained, etc. N/ Commissioners to value improvements.
O/ Possession of country ceded. P/ Guarantee by United States. Q/ Authority
of the President. R/ Liberty granted the Creeks. S/ Commissioners to attend
the running of the lines. T/ Treaty binding when ratified.
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