Treaty with the Creeks, 1796
June 29, 1796. | 7 Stat., 56. | Proclamation, Mar. 18, 1797.
Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
[ Pages 46-50 ]
[Note "a" which is found in the original Kappler text on
pages 46 and 47 has been moved to the bottom of this page under the
signatories list.]
Margin Notes:
Links to Paragraphs
Subject to alterations of the third and fourth articles, as stated
in the note.
Treaty at New York binding.
Boundary line.
President may establish a trading or military post.
Line to be run.
Trading or military posts to be established.
Chiefs to attend the running the line with Spain.
Boundary line with Choctaws and Chickasaws.
Prisoners to be given up.
Presents to the Indians.
Animosities to cease.
When to take effect.
A treaty of peace and friendship made and concluded between the President
of the United States of America, on the one Part, and Behalf of the said States,
area the undersigned Kings, Chiefs and Warriors of the Creek Nation of Indians,
on the Part of the said Nation. a
The parties being desirous of establishing permanent peace and friendship
between the 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 Benjamin Hawkins, George Clymer, and Andrew Pickens,
Commissioners whom he hath constituted with powers for these purposes, by
and with the advice and consent of the Senate; and the Creek Nation of Indians,
by the undersigned Kings Chiefs and Warriors, representing the whole Creek
Nation, have agreed to the following articles:
ARTICLE I.
The Treaty entered into, at New-York, between the parties on the 7th day of
August, 1790, is, and shall remain obligatory on the contracting parties,
according to the terms of it, except as herein provided for.
ARTICLE II.
The boundary line from the Currahee mountain, to the head, or source of the
main south branch of the Oconeé river, called, by the white people, Appalatchee,
and by the Indians, Tulapocka, and down the middle of the same, shall be clearly
ascertained, and marked, at such time, and in such manner, as the President shall
direct. And the Indians will, on being informed of the determination of the
President, send as many of their old chiefs, as he may require, to see the line
ascertained and marked.
ARTICLE III. a
The President of the United States of America shall have full powers, whenever
he may deem it advisable, to establish a trading or military post on the south side
of the Alatamaha, on the bluff, about one mile above Beard's bluff; or any where
from thence down the said river on the lands of the Indians, to garrison
the same with any part of the military force of the United States, to protect
the posts, and to prevent the violation of any of the provisions or regulations
subsisting between the parties: And the Indians do hereby annex to the post
aforesaid, a tract of land of five miles square, bordering one side on the river;
which post and the lands annexed thereto, are hereby ceded to, and shall be to
the use, and under the government of the United States of America.
ARTICLE IV. a
As soon as the President of the United States has determined on the time and
manner of running the line from the Currahee mountain, to the head or source of
the main south branch of the Oconee, and notified the chiefs of the Creek land of
the same, a suitable number of persons on their part shall attend to see the same
completed: And if the President should deem it proper, then to fix on any place
or places adjoining the river, and on the Indian lands for military or trading
posts; the Creeks who attend there, will concur in fixing the same, according to
the wishes of the President. And to each post, the Indians shall annex a tract of
land of five miles square, bordering one side on the river. And the said lands
shall be to the use and under the government of the United States of America.
Provided always, that whenever any of the trading or military posts mentioned
in this treaty, shall, in the opinion of the President of the United States of
America, be no longer necessary for the purposes intended by this cession, the
same shall revert to and become a part of the Indian lands.
ARTICLE V.
Whenever the President of the United States of America, and the king of Spain,
may deem it advisable to mark the boundaries which separate their territories,
the President shall give notice thereof to the Creek chiefs, who will furnish two
principal chiefs, and twenty hunters to accompany the persons employed on this
business, as hunters and guides from the Chocktaw country, to the head of St.
Mary's. The chiefs shall receive each half a dollar per day, and the hunters one
quarter of a dollar each per day, and ammunition, and a reasonable value for the meat
delivered by them for the use of the persons on this service.
ARTICLE VI.
The Treaties of Hopewell, between the United States and the Chocktaws and
Chickasaws, and at Holston between the Cherokees and the United States, mark
the boundaries of those tribes of Indians. And the Creek nation do hereby
relinquish all claims to any part of the territory inhabited or claimed by the
citizens of the United States, in conformity with the said treaties.
ARTICLE VII.
The Creek nation shall deliver, as soon as practicable, to the superintendent of
Indian affairs, at such place as he may direct, all citizens of the United States;
white inhabitants and negroes who are now prisoners in any part of the said
nation, agreeably to the treaty at New-York, and also all citizens, white
inhabitants, negroes and property taken since the signing of that treaty. And if
any such prisoners, negroes or property should not be delivered, on or before the
first day of January next, the governor of Georgia may empower three persons to
repair to the said nation, in order to claim and receive such prisoners, negroes
and property, under the direction of the President of the United States.
ARTICLE VIII.
In consideration of the friendly disposition of the Creek nation towards the
government of the United States, evidenced by the stipulations in the present
treaty, and particularly the leaving it in the discretion of the President to
establish trading or military posts on their lands; the commissioners of the
United States, on behalf of the said states, give to the said nation, goods to the
value of six thousand dollars, and stipulate to send to the Indian nation, two
blacksmiths, with strikers, to be employed for the upper and lower Creeks with
the necessary tools.
ARTICLE IX.
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. Provided nevertheless, That persons now under arrest, in the state of
Georgia, for a violation of the treaty at New-York, are not to be included in this
amnesty, but are to abide the decision of law.
ARTICLE X.
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, by and
with the advise and consent of the senate. Done at Colerain, the 29th of June, one
thousand seven hundred and ninety-six.
Benjamin Hawkins, [L. S.]
George Clymer, [L. S.]
Andrew Pickens, [L. S.]
Cowetas:
Chruchateneah, his x mark, [L. S.]
Tusikia Mico, his x mark, [L. S.]
Inclenis Mico, his x mark, [L. S.]
Tuskenah, his x mark, [L. S.]
Ookfuskee Tustuneka, his x mark, [L. S.]
Clewalee Tustuneka, his x mark, [L. S.]
Cussitas:
Tusikia Mico, his x mark, [L. S.]
Cussita Mico, his x mark, [L. S.]
Fusateehee Mico, his x mark, [L. S.]
Opoey Mico, his x mark, [L. S.]
Broken Arrows:
Tustuneka Mico, his x mark, [L. S.]
Othley Opoey, his x mark, [L. S.]
Opoev Tustuneka, his x mark, [L. S.]
Oboethly Tustuneka, his x mark, [L. S.]
Euchees:
Euchee Mico, his x mark, [L. S.]
Usuchees:
Osaw Enehah, his x mark, [L. S.]
Ephah Tuskenah, his x mark, [L. S.]
Tusikia Mico, his x mark, [L. S.]
Chehaws:
Chehaw Mico, his x mark, [L. S.]
Talehanas:
Othley Poey Mico, his x mark, [L. S.]
Othley Poey Tustimiha, his mark, [ L. S.]
Oakmulgees:
Opoey Thlocco, his x mark, [L. S.]
Parachuckley, his x mark, [L. S.]
Tuskenah, his x mark, [L. S.]
Euphales:
Pahose Mico, his x mark, [L. S.]
Tustunika Chopco, his x mark, [L. S.]
Ottassees:
Fusatchee Hulloo Mico, his x mark, [L. S.]
Tusikia Mico, his x mark, [L. S.]
Mico Opoey, his x mark, [L. S.]
Tallessees:
Tallessee Mico, his x mark, [L. S.]
Othley Poey Mico, his x mark, [L. S.]
Little Oakjoys:
Meeke Matla, his x mark, [L. S.]
Hicory Ground:
Opoey Mico, his x mark, [L. S.]
Kuyalegees:
Kelese Hatkie, his x mark, [L. S.]
Weakis:
Nenehomotca Opoey, his x mark, [L. S.]
Tusikia Mico, his x mark, [L. S.]
Cleewallees:
Opoey-e-Matla, his x mark, [L. S.]
Coosis:
Hosonupe Hodjo, his x mark, [L. S.]
Tuckabathees:
Holahto Mico, his x mark, [L. S.]
Tustunika Thlocco, his x mark, [L. S.]
Oakfuskees:
Pashphalaha, his x mark, [L. S.]
Abacouchees:
Spani Hodjo, his x mark, [L. S.]
Tustonika, his x mark, [L. S.]
Upper Euphales:
Opoey, his x mark, [L. S.]
Natchees:
Chinibe, his x mark, [L. S.]
Upper Cheehaws:
Spokoi Elodjo, his x mark, [L. S.]
Tustunika, his x mark, [L. S.]
Mackasookos:
Tuskeehenehaw, his x mark, [L. S.]
Oconees:
Knapematha Thlocco, his x mark, [L. S.]
Cusetahs:
Cusa Mico, his x mark, [L. S.]
Tusekia Mico Athee, his x mark, [L. S.]
Halartee Matla, his x mark, [L. S.]
Talahoua Mico, his x mark, [L. S.]
Neathlocto, his x mark, [L. S.]
Nuckfamico, his x mark, [L. S.]
Estechaco Mico, his x mark, [L. S.]
Tuskegee Tuskinagee, his x mark, [L. S.]
Cochus Mico, his x mark, [L. S.]
Opio Hajo, his x mark, [L. S.]
Oneas Tustenagee, his x mark, [L. S.]
Alak Ajo, his x mark, [L. S.]
Stilcpeck Chatee, his x mark, [L. S.]
Tuchesee Mico, his x mark, [L. S.]
Kealeegees:
Cheea Hajo, his x mark, [L. S.]
Hitchetaws:
Talmasee Matla, his x mark, [L. S.]
Tuckabatchees:
Tustincke Hajo, his x mark, [L. S.]
Okolissa, his x mark, [L. S.]
Cow-eta Matla, his x mark, [L. S.]
Coosa Mico, his x mark, [L. S.]
Fusatchee Mico, his x mark, [L. S.]
Pio Hatkee, his x mark, [L. S.]
Foosatchee Mico, his x mark, [L. S.]
Neathlaco, his x mark, [L. S.]
Tuchabatchee Howla, his x mark, [L. S.]
Spoko Hajo, his x mark, [L. S.]
Coosis:
Tuskegee Tustinagee, his x mark, [L. S.]
Talmasa Watalica, his x mark, [L. S.]
Euphalees:
Totkes Hago, his x mark, [L. S.]
Otasees:
Opio Tustinagee, his x mark, [L. S.]
Yafkee Mall Hajo, his x mark, [L. S.]
Oboyethlee Tustinagee, his x mark, [L. S.]
Tustinagee Hajo, his x mark, [L. S.]
Hillibee Tustinagee Hajo, his x mark, [L. S.]
Effa Tuskeena, his x mark, [L. S.]
Emathlee Loco, his x mark, [L. S.]
Tustanagee Mico, his x mark, [L. S.]
Yaha Tustinagee, his x mark, [L. S.]
Cunctastee Tustanagee, his x mark, [L. S.]
Ottasees:
Coosa Tustinagee, his x mark, [L. S.]
Neamatle Matla, his x mark, [L. S.]
Kialeegees:
Chuckchack Nincha, his x mark, [L. S.]
Opoyo Matla, his x mark, [L. S.]
Lachlee Mat]a, his x mark, [L. S.]
Big Tallasees:
Chowostia Hajo, his x mark, [L. S.]
Neathloco Opvo, his x mark, [L. S.]
Neathloco, his x mark, [L. S.]
Chowlactlev Mico, his x mark, [L. S.]
Tocoso Hajo, his x mark, [L. S.]
Hoochee llIatla, his x mark, [L. S.]
Howlacta, his x mark, [L. S.]
Tustinica Mico, his x mark, [L. S.]
Opoy Fraico, his x mark, [L. S.]
Big Talassee:
Houlacta, his x mark, [L. S.]
Etcatee Hajo, his x mark, [L. S.]
Chosolop Hajo, his x mark, [L. S.]
Coosa Hajo, his x mark, [L. S.]
Tuchabatchees:
Chohajo, his x mark, [L. S.]
Weeokees:
Tusticnika Hajo, his x mark, [L. S.]
Tuchabathees:
Neamatoochee, his x mark, [L. S.]
Cussitas:
Telewa Othleopoya his x mark, [L. S.]
Talmasse Matla, his x mark, [L. S.]
Niah Weathla, his x mark, [L. S.]
Emathlee-laco, his x mark, [L. S.]
Ottesee Matla, his x mark, [L. S.]
Muclassee Matla, his x mark, [L. S.]
Eufallee Matla, his x mark, [L. S.]
Tuckabatchees:
Cunipee Howla, his x mark, [L. S.]
Cowetas:
Elospotak Tustinagee, his x mark, [L. S.]
Natchez:
Spoko Hodjo, his x mark, [L. S.]
Uchees:
Tustinagee Chatee, his x mark, [L. S.]
Usuchees:
Spokoca Tustinagee, his x mark, [L. S.]
Othley - poey - Tustinagee, his mark, [L. S.]
Tuskeeneah, his x mark,
Witness:
J. Seagrove, superintendent Indian affairs, C. N.
Henry Gaither, lieutenant-colonel commandant,
Const. Freeman, A. W. D., major artillery and engineers,
Samuel Tinsley, captain, Third sub-legion.
Samuel A llison. ensign, Second sub-legion.
John W. Thompson, ensign, First IJ. S. S. legion.
Geo. Gillasspy, surgeon. L. U. S.
Tim. Barnard, D. A. and sworn interpreter.
James Burges, D. A. and sworn interpreter.
James Jordan.
Richard Thomas.
Alexander Cornels.
William Eaton, captain, Fourth U. S. sub-legion, commandant at Colerain, and
secretary to the commission.
__________________________
[Note "a" ]
a This treaty was ratified on condition that the third
and fourth articles should be modified as follows:
The Senate of the United States, two-thirds of the Senators present
concurring, did, by their resolution of the second day of March instant,
"consent to, and advise the President of the United States, to ratify
the Treaty of Peace and Friendship, made and concluded at Coleraine, in
the state of Georgia, on the 29th June, 1796, between the President of
the United States of America, on the part and behalf of the said States,
and the Kings, Chiefs and Warriors of the Creek nation of Indians, on the
part of the said nation: Provided, and on condition, that nothing in the
third and fourth articles of the said treaty, expressed in the words
following, 'Article 3d, The President of the United States of America
shall have full powers, whenever he may deem it advisable, to establish
a trading or military post on the south side of the Altamaha, on the bluff,
about one mile above Beard's bluff; or any where from thence down the said
river on the lands of the Indians, to garrison the same with any part of
the military force of the United States, to protect the post, and to
prevent the violation of any of the provisions or regulations subsisting
between the parties: And the Indians do hereby annex to the post aforesaid,
a tract of land of five miles square, bordering one side on the river, which
post and the lands annexed thereto, are hereby ceded to, and shall be to the
use, and under the government of the United States of America.
" 'Art. 4th, as soon as the President of the United States has determined
on the time and manner of running the line from the Currahee mountain, to
the head or source of the main south branch of the Oconnee, and notified
the Chiefs of the Creek land of the same, a suitable number of persons on
their part shall attend, to see the same completed: And if the President
should deem it proper, then to fix on any place or places adjoining the river,
and on the Indian lands for military or trading posts: the Creeks who attend
there, will concur in fixing the same, according to the wishes of the President.
And to each post, the Indians shall annex a tract of land of five miles square,
bordering one side on the river. And the said lands shall be to the use and under
the government of the United States of America. Provided always, that whenever any
of the trading or military posts mentioned in this treaty, shall, in the opinion of
the President of the United States of America, be no longer necessary for the
purposes intended by this cession, the same shall revert to, and become a part
of the Indian lands,' shall be construed to affect any claim of the state of
Georgia, to the right of preemption in the land therein set apart for military
or trading posts; or to give to the United States without the consent of the
said state, any right to the soil, or to the exclusive legislation over the same,
or any other right than that of establishing, maintaining, and exclusively
governing military and trading posts within the Indian territory mentioned in the
said articles, as long as the frontier of Georgia may require these establishments.''
a See note at the beginning of the treaty.
|