Deed from Chilly McIntosh to Benjamin Hawkins for 5 sections of land due the western Creek Nation, 1833.

[Senate Doc. 512, vol. 247, page 471-73]

Known all men by these presents, that we, the undersigned, chiefs and headmen of the Western Creek nation, in full council assembled, do make, constitute, and appoint Chilly McIntosh and Robert Tiger our true and lawful attorneys, for us and in our names to locate and sell five sections of land, given to us by the Eastern Creeks, and to compound and agree for the same, and to do all other acts concerning the premises, as fully in every respect as we could or would do were we personally present.

In witness, we have hereunto set our hands and seals this seventeenth day of April, one thousand eight hundred and thirty-three. 




Witness:
John Campbell, agent Creek
K. Lewis
John Hambly, acting interpreter 
Eli Jacobs, clerk
   Rolly McIntosh 
Fush hate hy Micco 
Benjamin Perryman 
Co woc co chee emarlo 
Ispoak oak Harjo
John Randall
Corser Yoholo
Hillebee Tuscanuggee
Samuel Miller
Holatter Thelocko
Ester Charco Harjo
Tus kae ne hah
Cha cotee Tustanuggee
Powes Harjo
Giskerliger Emarlo
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]
X [seal]


Georgia, Muscogee county,

I, Gerard Burch, deputy clerk of the superior court of the said county, do hereby certify that the above and within are true copies of power of attorney made by the chiefs and head men of the western Creek nation to Chilley McIntosh and Robert Tiger; and Chilley  McIntosh and Robert Tiger, agents of the western Creek nation, their deed for five sections of land to Benjamin Hawkins and John Milton taken from the records of the clerk's office of the superior court of said county of Muscogee.  Given under my hand and private seal, having no seal of office, this 15th day of July, 1833.

Gerard Burch, Dep. Clk. [seal]

Georgia, Muscogee county:

This indenture made this first day of June, in the year of our Lord one thousand eight hundred and thirty three, between Chilley McIntosh and Robert Tiger, acting as agents, agreeably to the power of attorney hereunto annexed, of the western Creek Indians of the one part, and Benjamin Hawkins and John Milton, of said State, of the other part, witnesseth, that the said Chilly McIntosh and Robert Tiger, agents of the western Creek Indians, according to and for the purposes of the power of attorney hereunto annexed, for and in consideration of the sum of two thousand dollars, to them in hand paid, at and before the sealing and delivery of these presents, do grant, bargain, sell, alien, convey, and confirm, unto the said Benjamin Hawkins and John Milton, their heirs and assigns, all the five sections of land, giving to the said western Creek Indians, referred to in the power of attorney, hereunto annexed, and those they represented by the eastern Creek Indians, for and in consideration of peace with them, agreeably to a treaty recently made between said last mentioned Indians, by their delegates and chiefs, and Lewis Cass, commissioner, on the part of the United States, were to receive twenty-nine sections of land, according to the sixth article of said treaty, of which the five sections above mentioned and hereby conveyed are a part, with the rights and appurtenances thereunto belonging, and will all the rights relative thereto, that they, the said western Creeks are rightfully entitled to, from said contract with the said eastern Creek Indians: to have and to hold the said sections of land and rights incident thereto, unto the said Benjamin Hawkins and John Milton, their heirs and assigns forever, and to their own proper use in fee simple; and the said Chilly McIntosh and Robert Tiger, acting as agents aforesaid of the said western Creek Indians, according to the power of attorney hereunto annexed, the said bargained premises unto the said Benjamin Hawkins and John Milton will warrants and for ever defend the right and title thereof against themselves, and against the claim of all other persons whatever.

In testimony whereof, the said Chilly Mcintosh and Robert Tiger, agents as aforesaid, have hereunto set their hands, and affixed their seals, the day and year above written. 

Chilly McIntosh, [seal], Agent Western Creek Indians:
Robert Tiger, his x mark, [seal] Agent Western Creek Indians.

Witness: 
Gerard Burch
Grigsby E. Thomas, J. S. C. C. C.


Georgia, Muscogee county: 

Know all men by these presents, that we, Chilly McIntosh and Robert Tiger, acting as the agents of the western Creek Indians, agreeably to the power of attorney hereunto annexed, have this day bargained and sold, and conveyed to Benjamin Hawkins and John Milton, for and in consideration of the sum of two thousand dollars, the receipt is hereby acknowledged, the five sections of land thereunto referred, and have executed a deed to them  therefore; and that, whereas, they doubt our authority in right or that of the nation to sell and convey the same until they shall be located.  Now know ye, that we, as agents as aforesaid, Chilly McIntosh and Robert Tiger, obligate said western Creek Indians, ourselves as their agents, to said Benjamin Hawkins and John Milton, in the sum of twenty thousand dollars, to execute other and legal titles to them for said sections after their location, if the deed already on this day made shall not be adjudged valid, or if after the location they desire another deed, and will surrender that already given, or to their assigns. 

In witness whereof, we have hereunto set our hands, and affixed our seals; the first day of June, in the year of our Lord one thousand eight hundred and thirty-three. 

Chilly McIntosh, [seal] Agent Western Creek Indians 
Robert Tiger, his x mark, [seal] Agent Western Creek Indians

Signed, sealed, and delivered in presence of
Gerard Burch
Grigsby E. Thomas, J. S. C. C. C.


Georgia, Muscogee county,

I, Gerard Burch, deputy clerk of the superior court of said county, do certify that the above is a true copy bond, made by Chilly McIntosh and Robert Tiger, agents of the western Creek nation, to Benjamin Hawkins and John Milton, taken from the record of the clerk's office of the superior court of said county.

Given from under my hand and private seal, having no seal of office, this 15th July, 1833.

Gerard Burch, Dept. Clerk. [seal]