Creek Treaties



TREATY WITH THE CREEKS {1821, Jan. 8}

7 Stat., 215. Proclamation, Mar. 2, 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.

ARTICLE 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.

ARTICLE 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 [196] 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.

ARTICLE 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 fir st 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.

ARTICLE 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.

ARTICLE 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.

Done at the Indian Spring, this eighth day of January, A. D.

D. M. Forney,
D. Meriwether,
Wm. McIntosh,

Tustunnugee Hopoie, his x mark,
Efau Emauthlau, his x mark,
Holoughlan, or Col. Blue, his x mark,
Cussetau Micco, his x mark,
Soletan Haujo, his x mark,
Etomme Tustunmuggee, his x mark,
Taskagee Emauthlau, his x mark,
Tuckle Luslee, his x mark,
Tuckte Lustee Haujo, his x mark,
Cunepee Emauthlau, his x mark,
Hethlepoie, his x mark,
Tuskeenaheocki, his x mark,
Chaughle Micco, his x mark,
Isfaune Tustunnuggee Haujo, his x mark,
Thlucco Haujo, his x mark, [197]

Itchu Haujo, his x mark,
AlabamaTustunnuggee,his x mark,
Holoughlan Tustunnuggee, his x mark,
Auhauluck Yohola, his x mark,
Oseachee Tustunnuggee, his x mark,
Houpauthlee Tustunnuggee, his x mark,
Nenehaumaughtoochie, hisx mark,
Henelau Tixico, his x mark,
Tusekeagh Haujo, his x mark,
Joseph Marshall,

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,
S. Hawkins,
George Levett, interpreters.

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TREATY WITH THE CREEKS {1821, Jan. 8}

7 Stat., 217. Proclamation, Mar. 2, 1821.

Articles of agreement entered into, between the undersigned Commissioners, app ointed by the Governor of the state of Georgia, for and on behalf of the citizens of the said state, and the Chiefs, Head Men, and Warriors, of the Creek nation of Indians.

WHEREAS, at a conference opened and held at the Indian Spring, in the Creek nation, the citizens of Georgia, by the aforsaid commissioners, have represented that they have claims to a large amount against the said Creek nation of Indians: Now, in order to adjust and bring the same to a speedy and final settlement, it is hereby agreed by the aforesaid commissioners, and the chiefs, head men, and warriors, of the said nation, that all the talks had upon the subject of these claims at this place, together with all claims on either side, of whatever nature or kind, prior to the act of Congress of one thousand eight hundred and two, regulating the intercourse with the Indian tribes, with the documents in support of them, shall be referred to the decision of the President of the United States, by him to be decided upon, adjusted, liquidated, and settled, in such manner, and under such rules, regulations, and restrictions, as he shall prescribe: Provided, however, if it should meet the views of the President of the United States, it is the wish of the contracting parties, that the liquidation and settlement of the aforesaid claims shall be made in the state of Georgia, at such place as he may deem most convenient for the parties interested, and the decision and award, thus made and rendered, shall be binding and obligatory upon the contracting parties.

In witness whereof, we have hereunto set our hands and seals, this eighth day of January, one thousand eight hundred and twenty-one.

J. McIntosh,
David Adams,
Daniel Newman,

William McIntosh,
Tustunnuggee Hopoie, his x mark,
Efau Emauthlau, his x mark,

Present:
D. M. Forney,
D. Meriwether. [198]

DISCHARGE FOR ALL CLAIMS ON THE CREEKS. Jan. 8, 1821,

WHEREAS a treaty or convention has this day been made and entered into, by and between the United States and the Creek nation, by the provisions of which the United States have agreed to pay, and the commissioners of the state of Georgia have agreed to accept, for and on behalf of the citizens of the state of Georgia, having claims against the Creek nation, prior to the year one thousand eight hundred and two, the sum of two hundred and fifty thousand dollars: Now, know all men by these presents, that we, the undersigned, commissioners of the state of Georgia, for, and in consideration of, the aforesaid sum of two hundred and fifty thousand dollars, secured by the said treaty or convention to be paid to the state of Georgia, for the discharge of all bona fide and liquidated claims, which the citizens of the said state may establish against the Creek nation, do, by these presents, release, exonerate, and discharge, the said Creek nation from all and every claim and claims, of whatever description, nature, or kind, the same may be, which the citizens of Georgia now have, or may have had, prior to the year one thousand eight hundred and two, against the said nation. And we do hereby assign, transfer, and set over, unto the United States, for the use and benefit of the said Creek nation, for the consideration hereinbefore expressed, all the right, title, and interest, of the citizens of the said state, to all claims, debts, damages, and property, of every description and denomination, which the citizens of the said state have, or had, prior to the year one thousand eight hundred and two, as aforesaid, against the said Creek nation.

In witness whereof, we have hereunto affixed our hands and seals, at the Mineral Spring, in the said Creek nation, this eighth day of January, one thousand eight hundred and twenty-one.

J. McIntosh,
David Adams,
Daniel Newman,

Present:
D. M. Forney,
D. Meriwether,
D. B. Mitchell, Agent for Indian Affairs.

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Indian Affairs: Laws and Treaties, compiled and edited by Charles J. Kappler
Oklahoma State University Library
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