Treaty with the Florida Tribes of Indians, 1823.
Sept. 18, 1823. | 7 Stat., 224. | Proclamation, Jan. 2, 1824.
Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
[Pages 203-205 ]
[ Pages 205-207 | Additional Article.]
Margin Notes:
Links to Paragraphs
Said Indians to continue under the protection of United States.
Said Indians to be confined to the following metes and bounds.
United States to take the Florida Indians under their care, etc.
United States to guaranty peaceable possession of the district assigned them,
on certain conditions.
Corn, meat, etc., to be allowed them for twelve months.
An agent, etc., to be appointed to reside among them.
Indians to prevent any fugitive slaves from taking shelter among them, etc.
A commissioner and surveyor to be appointed.
Grounds on which the objections of said tribes to certain lands are founded.
Said Indians request the grant in fee simple of certain lands to Colonel Humphreys and S.
Richards.
Additional Article.
ARTICLE I. THE undersigned chiefs and warriors, for themselves and their tribes, have appealed to the
humanity; and thrown themselves on, and have promised to continue under, the protection of the United
States, and of no other nation, power, or sovereign; and, in consideration of the promises and
stipulations hereinafter made, do cede and relinquish all claim or title which they may have to
the whole territory of Florida, with the exception of such district of country as shall herein be
allotted to them.
ARTICLE II. The Florida tribes of Indians will hereafter be concentrated and confined to the
following metes and boundaries: commencing five miles north of Okehumke, running in a direct
line to a point five miles west of Setarky's settlement, on the waters of Amazura, (or Withlahuchie river, )
leaving said settlement two miles south of the line; from thence, in a direct line, to the south end of
the Big Hammock, to include Chickuchate; continuing, in the same direction, for five miles beyond the
said Hammock--provided said point does not approach nearer than fifteen miles the sea coast of the Gulf
of Mexico; if it does, the said line will terminate at that distance from the sea coast; thence, south,
twelve miles; thence in a south 30° east direction, until the same shall strike within five miles
of the main branch of Charlotte river; thence, in a due east direction, to within twenty miles of the
Atlantic coast; thence, north, fifteen west, for fifty miles and from this last, to the beginning point.
ARTICLE III. The United States will take the Florida Indians under their care and patronage, and will
afford them protection against all persons whatsoever; provided they conform to the laws of the United
States, and refrain from making war, or giving any insult to any foreign nation, without having first
obtained the permission and consent of the United States: And, in consideration of the appeal and cession
made in the first article of this treaty, by the aforesaid chiefs and warriors, the United States promise
to distribute among the tribes, as soon as concentrated, under the direction of their agent, implements of
husbandry, and stock of cattle and hogs, to the amount of six thousand dollars, and an annual sum of five
thousand dollars a year, for twenty successive years, to be distributed as the President of the United States
shall direct, through the Secretary of War, or his Superintendents and Agent of Indian Affairs.
ARTICLE IV. The United States promise to guaranty to the said tribes the peaceable possession of the district
of country herein assigned them, reserving the right of opening through it such roads, as may, from time to time,
be deemed necessary; and to restrain and prevent all white persons from hunting, settling, or otherwise intruding
upon it. But any citizen of the United States, being lawfully authorized for that purpose, shall be permitted to
pass and repass through the said district, and to navigate the waters thereof, without any hindrance, toll, or
exaction, from said tribes.
ARTICLE V. For the purpose of facilitating the removal of the said tribes to the district of country
allotted them, and, as a compensation for the losses sustained, or the inconveniences to which they may be exposed
by said removal, the United States will furnish them with rations of corn, meat, and salt, for twelve months,
commencing on the first day of February next; and they further agree to compensate those individuals who have
been compelled to abandon improvements on lands, not embraced within the limits allotted, to the amount of four
thousand five hundred dollars, to be distributed among the sufferers, in a ratio to each, proportional to the
value of the improvements abandoned. The United States further agree to furnish a sum, not exceeding two
thousand dollars, to be expended by their agent, to facilitate the transportation of the different tribes to
the point of concentration designated.
ARTICLE VI. An agent, sub-agent, and interpreter, shall be appointed, to reside within the Indian boundary
aforesaid, to watch over the interests of said tribes; and the United States further stipulate, as an evidence
of their humane policy towards said tribes, who have appealed to their liberality, to allow for the
establishment of a school at the agency, one thousand dollars per year for twenty successive years; and
one thousand dollars per year, for the same period, for the support of a gun and blacksmith, with the
expenses incidental to his shop.
ARTICLE VII. The chiefs and warriors aforesaid, for themselves and tribes, stipulate to be
active and vigilant in the preventing the retreating to, or passing through, of the district of country
assigned them, of any absconding slaves, or fugitives from justice; and further agree, to use all necessary
exertions to apprehend and deliver the same to the agent, who shall receive orders to compensate them
agreeably to the trouble and expenses incurred.
ARTICLE VIII. A commissioner, or commissioners, with a surveyor, shall be appointed, by the
President of the United States, to run and mark, (blazing fore and aft the trees) the line as defined in
the second article of this treaty, who shall be attended by a chief or warrior, to be designated by a
council of their own tribes, and who shall receive, while so employed, a daily compensation of three dollars.
ARTICLE IX. The undersigned chiefs and warriors, for themselves and tribes, having objected
to their concentration within the limits described in the second article of this treaty, under the impression
that the said limits did not contain a sufficient quantity of good land to subsist them, and for no other
reason: it is, therefore, expressly understood, between the United States and the aforesaid chiefs and
warriors, that, should the country embraced in the said limits, upon examination by the Indian agent and
the commissioner, or commissioners, to be appointed under the 8th article of this treaty, be by them
considered insufficient for the support of the said Indian tribes; then the north line, as defined in the
2d article of this treaty, shall be removed so far north as to embrace a sufficient quantity of good
tillable land.
ARTICLE X. The undersigned chiefs and warriors, for themselves and tribes, have expressed
to the commissioners their unlimited confidence in their agent, Col. Gad Humphreys, and their interpreter,
Stephen Richards, and, as an evidence of their gratitude for their services and humane treatment, and
brotherly attentions to their wants, request that one mile square, embracing the improvements of Enehe
Mathla, at Tallahassee (said improvements to be considered as the centre) be conveyed, in fee simple, as
a present to Col. Gad Humphreys.--And they further request, that one mile square, at the Ochesee Bluffs,
embracing Stephen Richard's field on said bluffs, be conveyed in fee simple, as a present to said Stephen
Richards. The commissioners accord in sentiment with the undersigned chiefs and warriors, and recommend a
compliance with their wishes to the President and Senate of the United States; but the disapproval, on the
part of the said authorities, of this article, shall, in no wise, affect the other articles and stipulations
concluded on in this treaty. In testimony whereof, the commissioners, William P. Duval, James Gadsden, and
Bernard Segui, and the undersigned chiefs and warriors, have hereunto subscribed their names and affixed
their seals. Done at camp on Moultrie creek, in the territory of Florida, this eighteenth day of September,
one thousand eight hundred and twenty-three, and of the independence of the United States the forty-eighth.
William P. Duval, [L. S.]
James Gadsden, [L. S.]
Bernard Segui, [L. S.]
Nea Mathla, his x mark, [L. S.]
Tokose Mathla, his x mark, [L. S.]
Ninnee Homata Tustenuky, his mark, [L. S.]
Miconope, his x mark, [L. S.]
Nocosee Ahola, his x mark, [L. S.]
John Blunt, his x mark, [L. S.]
Otlemata, his x mark, [L. S.]
Tuskeeneha, his x mark,[L. S.]
Tuski Hajo, his x mark, [L. S.]
Econchatimico, his x mark, [L. S.]
Emoteley, his x mark, [L. S.]
Mulatto King, his x mark, [L. S.]
Chocholohano, his x mark, [L. S.]
Ematlochee, his x mark, [L. S.]
Wokse Holata, his x mark, [L. S.]
Amathla Ho, his x mark, [L. S.]
Holatefiscico, his x mark, [L. S.]
Chefisco Hajo, his x mark, [L. S.]
Lathloa Mathla, his x mark, [L. S.]
Senufky, his x mark, [L. S.]
Alak Hajo, his x mark, [L. S.]
Fahelustee Hajo, his x mark, [L. S.]
Octahamico, his x mark, [L. S.]
Tusteneck Hajo, his x mark, [L. S.]
Okoskee Amathla, his x mark, [L. S.]
Ocheeny Tustenuky, his x mark [L. S.]
Phillip, his x mark, [L. S.]
Charley Amathla, his x mark, [L. S.]
John Hoponey, his x mark, [L. S.]
Rat Head, his x mark, [L. S.]
Holatta Amathla, his x mark, [L. S.]
Foshatchimico, his x mark, [L. S.]
Signed, sealed, and delivered in the presence of--
George Murray, secretary to the commission,
G. Humphreys, Indian agent,
Stephen Richards, interpreter,
Isaac N. Cox,
J. Erving, captain, Fourth Artillery,
Harvey Brown, lieutenant, Fourth Artillery,
C. D'Espinville, lieutenant, Fourth Artillery,
Jno. B. Scott, lieutenant, Fourth Artillery,
William Travers,
Horatio S. Dexter.
_________
Additional Article.
Sept. 18, 1823. | 7 Stat., 226.
[ Pages 205-207 ]
Whereas Neo Mathla, John Blunt, Tuski Hajo, Mulatto King, Emathlochee, and
Econchatimico, six of the principal Chiefs of the Florida Indians, and parties to
the treaty to which this article has been annexed, have warmly appealed to the
Commissioners for permission to remain in the district of country now inhabited
by them; and, in consideration of their friendly disposition, and past services to
the United States, it is, therefore, stipulated, between the United States and the
aforesaid Chiefs, that the following reservations shall be surveyed, and marked
by the Commissioner, or Commissioners, to be appointed under the 8th article of
this Treaty: For the use of Nea Mathla and his connections, two miles square,
embracing the Tuphulga village, on the waters of Rocky Comfort Creek. For
Blunt and Tuski Hajo, a reservation, commencing on the Apalachicola, one mile
below Tuski Hajo's improvements, running up said river four miles; thence,
west, two miles; thence southerly, to a point two miles due west of the
beginning; thence east, to the beginning point. For Mulatto King and
Emathlochee, a reservation, commencing on the Apalachicola, at a point to
include Yellow Hairs improvements; thence, up said river, for four miles; thence,
west, one mile; thence, southerly, to a point one mile west of the beginning; and
thence, east, to the beginning point. For Econchatimico, a reservation,
commencing on the Chatahoochie, one mile below Econchatimico's house;
thence, up said river, for four miles; thence, one mile, west; thence, southerly, to
a point one mile west of the beginning; thence, east, to the beginning point. The
United States promise to guaranty the peaceable possession of the said
reservations, as defined, to the aforesaid chiefs and their descendants only, so
long as they shall continue to occupy, improve, or cultivate, the same; but in the
event of the abandonment of all, or either of the reservations, by the chief or
chiefs, to whom they have been allotted, the reservation, or reservations, so
abandoned, shall revert to the United States, as included in the cession made in
the first article of this treaty. It is further understood, that the names of the
individuals remaining on the reservations aforesaid, shall be furnished, by the
chiefs in whose favor the reservations have been made, to the Superintendent or
agent of Indian Affairs, in the territory of Florida; and that no other individuals
shall be received or permitted to remain within said reservations, without the
previous consent of the Superintendent or Agent aforesaid; And, as the aforesaid
Chiefs are authorized to select the individuals remaining with them, so they shall
each be separately held responsible for the peaceable conduct of their towns, or
the individuals residing on the reservations allotted them. It is further
understood, between the parties, that this agreement is not intended to prohibit
the voluntary removal, at any future period, of all or either of the aforesaid
Chiefs and their connections, to the district of country south, allotted to the
Florida Indians, by the second article of this Treaty, whenever either, or all may
think proper to make such an election; the United States reserving the right of
ordering, for any outrage or misconduct, the aforesaid Chiefs, or either of them,
with their connections, within the district of country south, aforesaid. It is further
stipulated, by the United States, that, of the six thousand dollars, appropriated
for implements of husbandry, stock, &c. in the third article of this Treaty, eight
hundred dollars shall be distributed, in the same manner, among the aforesaid
chiefs and their towns; and it is understood, that, of the annual sum of five
thousand dollars to be distributed by the President of the United States, they will
receive their proportion. It is further stipulated, that, of the four thousand five
hundred dollars, and two thousand dollars, provided for by the 5th article of this
Treaty, for the payment for improvements and transportation, five hundred
dollars shall be awarded to Neo Mathla, as a compensation for the improvements
abandoned by him, as well as to meet the expenses he will unavoidably be
exposed to, by his own removal, and that of his connections.
In testimony whereof, the commissioners, William P. Duval, James Gadsden, and
Bernard Segui, and the undersigned chiefs and warriors have hereunto subscribed their
names and affixed their seals. Done at camp, on Moultrie creek,
in the territory of Florida, this eighteenth day of September, one thousand eight
hundred and twenty-three, and of the independence of the United States the
forty-eighth.
Wm. P. Duval, his x mark, [L. S.]
James Gadsden, [L. S.]
Bernard Segui, [L. S.]
Nea Mathla. his x mark, [L. S.]
John Blunt, his x mark, [L. S.]
Tuski Hajo, his x mark, [L. S.]
Mulatto King, his x mark, [L. S.]
Emathlochee, his x mark, [L. S.]
Econchatimico, his x mark, [L. S.]
Signed, sealed, delivered, in presence of--
George Murray, secretary to the commission
Ja. W. Ripley,
G. Humphreys, Indian agent,
Stephen Richards, interpreter.
The following statement shows the number of men retained by the Chiefs, who have reservations
made them, at their respective villages.
Number of Men.
Blount . . 43
Cochran . . 45
Mulatto King . . 30
Emathlochee . . 28
Econchatimico . . 38
Neo Mathia . . 30
______
Total . . 214
|