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A blanket,

kettle, &c. to each warrior removing.

An agent for the Choctaws, &o.

ART. 5. For the purpose of aiding and assisting the poor Indians, who wish to remove to the country hereby ceded on the part of the United States, and to enable them to do well and support their families, the Commissioners of the United States engage, in behalf of said States, to give to each warrior a blanket, kettle, rifle gun, bullet moulds and nippers, and ammunition sufficient for hunting and defence, for one year. Said warrior shall also be supplied with corn to support him and his family, for the same period, and whilst travelling to the country above ceded to the Choctaw nation.

ART. 6. The Commissioners of the United States further covenant and agree, on the part of said States, that an agent shall be appointed, in due time, for the benefit of the Choctaw Indians who may be permanently settled in the country ceded to them beyond the Mississippi river, and, at a convenient period, a factor shall be sent there with goods, to A blacksmith. supply their wants. A Blacksmith shall also be settled amongst them,

Land to be

of Choctaw schools.

at a point most convenient to the population; and a faithful person appointed, whose duty it shall be to use every reasonable exertion to collect all the wandering Indians belonging to the Choctaw nation, upon the land hereby provided for their permanent settlement.

ART. 7. Out of the lands ceded by the Choctaw nation to the United sold for support States, the Commissioners aforesaid, in behalf of said States, further covenant and agree, that fifty-four sections of one mile square shall be laid out in good land, by the President of the United States, and sold, for the purpose of raising a fund, to be applied to the support of the Choctaw schools, on both sides of the Mississippi river. Three-fourths of said fund shall be appropriated for the benefit of the schools here; and the remaining fourth for the establishment of one or more beyond the Mississippi; the whole to be placed in the hands of the President of the United States, and to be applied by him, expressly and exclusively, to this valuable object.

An additional

tract of land for
raising a fund
for the nation,
&c.

Provision for Indians who remain, &c.

An equivalent to such as have

valuable buildings, if they remove, &c.

ART. 8. To remove any discontent which may have arisen in the Choctaw Nation, in consequence of six thousand dollars of their annuity having been appropriated annually, for sixteen years, by some of the chiefs, for the support of their schools, the Commissioners of the United States oblige themselves, on the part of said States, to set apart an additional tract of good land, for raising a fund equal to that given by the said chiefs, so that the whole of the annuity may remain in the nation, and be divided amongst them. And in order that exact justice may be done to the poor and distressed of said nation, it shall be the duty of the agent to see that the wants of every deaf, dumb, blind, and distressed, Indian, shall be first supplied out of said annuity, and the ballance equally distributed amongst every individual of said nation.

ART. 9. All those who have separate settlements, and fall within the limits of the land ceded by the Choctaw nation to the United States, and who desire to remain where they now reside, shall be secured in a tract or parcel of land one mile square, to include their improvements. Any one who prefers removing, if he does so within one year from the date of this treaty, shall be paid their full value, to be ascertained by two persons, to be appointed by the President of the United States.

ART. 10. As there are some who have valuable buildings on the roads and elsewhere upon the lands hereby ceded, should they remove, it is further agreed by the aforesaid Commissioners, in behalf of the United States, that the inconvenience of doing so shall be considered, and such allowance made as will amount to an equivalent. For this purpose, there shall be paid to the Mingo, Puckshenubbee, five hundred dollars; to Harrison, two hundred dollars; to Captain Cobb, two

hundred dollars; to William Hays, two hundred dollars; to O'Gleno, two hundred dollars; and to all others who have comfortable houses, a compensation in the same proportion.

ART. 11. It is also provided by the Commissioners of the United States, and they agree in behalf of said states, that those Choctaw Chiefs and Warriors, who have not received compensation for their services during the campaign to Pensacola, in the late war, shall be paid whatever is due them over and above the value of the blanket, shirt, flap, and leggins, which have been delivered to them.

ART. 12. In order to promote industry and sobriety amongst all classes of the Red people, in this nation, but particularly the poor, it is further provided by the parties, that the agent appointed to reside here, shall be, and he is hereby, vested with full power to seize and confiscate all the whiskey which may be introduced into said nation, except that used at public stands, or brought in by the permit of the agent, or the principal Chiefs of the three Districts.

ART. 13. To enable the Mingoes, Chiefs, and Head Men, of the Choctaw nation, to raise and organize a corps of Light-Horse, consisting of ten in each District, so that good order may be maintained, and that all men, both white and red, may be compelled to pay their just debts, it is stipulated and agreed, that the sum of two hundred dollars shall be appropriated by the United States, for each district, annually, and placed in the hands of the agent, to pay the expenses incurred in raising and establishing said corps; which is to act as executive officers, in maintaining good order, and compelling bad men to remove from the nation, who are not authorized to live in it by a regular permit from the agent. ART. 14. Whereas the father of the beloved Chief Mushulatubbee, of the Lower Towns, for and during his life, did receive from the United States the sum of one hundred and fifty dollars, annually; it is hereby stipulated, that his son and successor Mushulatubbee, shall annually be paid the same amount during his natural life, to commence from the ratification of this Treaty.

ART. 15. The peace and harmony subsisting between the Choctaw Nation of Indians and the United States, are hereby renewed, continued, and declared to be perpetual.

ART. 16. These articles shall take effect, and become obligatory on the contracting parties, so soon as the same shall be ratified by the President, by and with the advice and consent of the Senate of the United States.

[Interlined before signed.]

In testimony whereof, the Commissioners Plenipotentiary of the United States, and the Mingoes, Head Men, and Warriors, of the Choctaw Nation, have hereunto subscribed their names and affixed their seals, at the place above written, this eighteenth day of October, in the year of our Lord one thousand eight hundred and twenty; and of the Independence of the United States the fortyfifth.

Medal Mingoes.
Puckshenubbe,

Pooshawattaha,

Mushulatubbee.

ANDREW JACKSON, Commissioners.
THOMAS HINDS,

Chiefs and Warriors.

General Humming Bird,
James Harrison,
Talking Warrior,

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Capt. Bradley,

Capt. Daniel McCurtain,
Mucklisahopia,
Nuckpullachubbee,
George Turnbull,

Captain Thomas McCur

tain,
Oakehonahooma,
Capt. John Cairns,
Topenastonahooma,
Holatohamia,
Col. Boyer,

Holantachanshahubbee,
Chuckahabbee,
Washaschahopea,
Chatamakaha,
Hapeahomia,
William Hay,
Capt. Samuel Cobb,
Lewis Brashears,
Muckelehamia,
Capt. Sam. Magee,
Ticbihamia,
Doctor Red Bird,
Oontoola,
Pooshonshabbee,
Casania,
Joseph Nelson,
Unahubbee,
Red Duck,
Muttahubbee,

Capt. Ihokahatubbee,
Alex. Hamilton,
Capt. Red Knife,
Shapahroma,

Capt. Tonnanpoocha,
Mechamiabbee,
Tuskanohamia,
Tookatubbetusea,
William Frye,
Greenwood Leflore,
Archibald MaGee,
Capt. Ben Burris,
Tusconohicca,
Capt. Lewis Perry,
Hennekachubbee,

Tussashamia,

Capt. Charles Durant,

Piare Durant.

Saml. R. Overton, Secretary to

the Commission. Eden Brashears. J. C. Bronaugh, Asst. Surg. Gen. S. D. U. S. Army. H. D. Downs. Wm. F. Gangent. Wm. M. Graham, 1st Lt. Corps of Art'y. Andrew J. Donalson, Brvt. 2d Lt. Corps of Eng. and Aid-de-Camp to Gen. Jackson. P. A. Vandorn. John H. Esty. John Pitchlynn, U. S. Interpreter. M. Mackey, U. S. Interpreter. Edmund Falsome, Interpreter, X. James Hughes. Geo. Fisher. Jas. Jackson, Jr.

To the Indian names are subjoined a mark and seal.

212

ARTICLES OF A TREATY

Jan. 8, 1821. Proclamation,

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 March 2, 1821. that purpose, on the part of the United States; and the Chiefs, Head Men, and Warriors, of the Creek Nation, in council

assembled.

Cession by the

Creeks.

Boundaries.

ART. 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, Proviso. 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.

ART. 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 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.

Title of certain tracts to be in the Creek nation, so long as the occupants remain, &c.

Reservation for

ART. 3. It is hereby stipulated, by the contracting parties, that, so long as the United States continue the Creek agency at its present U. S. agency. 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 parralell with, the river, three miles: thence, parralell with the first line, to the river; and thence, down the river, to the place of begining; 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.

ART. 4. It is hereby stipulated and agreed, on the part of the United Payment for States, as a consideration for the land ceded by the Creek nation by the lands ceded.

U. S. to pay to the state of Georgia, the

balance due by the Creek nation.

The President

to cause the line to be run, &c.

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 ballance may be found due by the Creek nation to the citizens of said state, whenever the same shall be ascertained, in conformity with the refference 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 exceede 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.

ART. 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. eighteen hundred and twenty-one.

Tustunnugee Hopoie,
Efau Emauthlau,

Holoughlan, or Col. Blue,

Cussetau Micco,
Sotetan Haujo,

Etomme Tustunnuggee.

Taskagee Emauthlau,
Tuckle Luslee,

Tuckte Lustee Haujo,
Conepee Emauthlau,
Hothlepoie,

Joseph Marshall,

Tuskeenaheocki,

D. M. FORNEY,

D. MERIWETHER,
WM. M'INTOSH.

Chaughle Micco,

Isfaune Tustunnuggee Haujo,
Wau Thlucco Haujo,
Itchu Haujo,

Alabama Tustunnuggee,
Holoughlan Tustunnuggee,
Auhauluck Yohola,
Oseachee Tustunnuggee,
Houpauthlee Tustunnuggce,
Nenehaumaughtoochie,
Henelau Fixico,
Tusekeah Haujo.

In presence of I. McIntosh, David Adams, Daniel Newnan, Commissioners of Georgia. D. B. Mitchell, Agent for I. A. William Meriwether, Secretary U. S. C. William Cook, Secretary C. G. William Hambly. Sl. Hawkins, George Lovett, Interpreters.

To the Indian names are subjoined a mark and seal

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