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 Curraheé 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 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. "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 pre-emption 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. Chiefs to attend the running the line with Spain. Boundary line with Choctaws and Chicka saws. Prisoners to be given up. Presents to the Indians. Animosities to cease. 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 superintendant 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 NewYork, 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 When to take parties, as soon as the same shall have been ratified by the President of effect. 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. Cowetas. Chruchateneah, Tusikia Mico, Inclenis Mico, Ookfuskee Tustuneka, Clewalee Tustuneka. Cussitas. Tusikia Mico, Cussita Mico, Fusatchee Mico, Broken Arrows. Tustuneka Mico, Euchees. Usuchees. Chehaws. Chehaw Mico. Talehanas. Othley poey Mico, Oakmulgees. Euphales. Pahose Mico, Tustunika Chopeo. Ottassees. Fusatchee Hulloo Mico, Tallessees. Little Oakjoys. Hicory Ground. BENJAMIN HAWKINS. Kuyalegees. Kelese Hatkie. Weokis. Nedhomotea Opoey, Coosis. Tukabathees. Oakfuskees. Pashphalaha. Abacouchees. Spani Hodjo, Upper Euphaules. Natchees. Chinibe. Upper Cheehaws. Mackasookos. Oconees. Knapematha Thlocco. Cusetahs. Tusekia Mico Athee, Cochus Mico, Opio Hajo, Oneas Tustenagee, Alak Ajo, Kealeegees. WITNESS:-James Seagrove, superintendant Indian affairs, C. N. Henry Gaither, lieutenant-colonel-commandant. Const. Freeman, A. W. D. major artillery and engineers. Samuel Tinsley, capt. 3d. sub-legion. Samuel Allinson, ensign 2d. sub-legion. John W. Thompson, ensign 1st U. S. sub-legion. Geo. Gillasspy, surgeon L. U. S. Timothy Barnard, D. A. and sworn Interpreter. James Burges, D. A. and sworn Interpreter. James Jordan. Richard Thomas. Alexander Cornels. William Eaton, capt. 4th U. S. sub-legion, commandant at Coleraine and secretary to the commission. RELINQUISHMENT To New York, by the Mohawk nation of Indians, under the sanc tion of the United States of America, of all claim to lands in March 29, 1797. that state. Ar a treaty held under the authority of the United States, with the Mohawk nation of Indians, residing in the province of Upper Canada, within the dominions of the king of Great Britain, present, the honorable Isaac Smith, commissioner appointed by the United States to hold this treaty; Abraham Ten Broeck, Egbert Benson, and Ezra L'Hommedieu, agents for the state of New York; captain Joseph Brandt, and captain John Deserontyon, two of the said Indians and deputies, to represent the said nation at this treaty. Proclamation, April 27, 1798. Agents of New the Mohawk York pay to deputies, $1000 and their expenses. The said agents having, in the presence, and with the approbation of the said commissioner, proposed to and adjusted with the said deputies, the compensation as hereinafter mentioned to be made to the said nation, for their claim, to be extinguished by this treaty, to all lands within the said state: it is thereupon finally agreed and done, between the said agents, and the said deputies, as follows, that is to say: the said agents do agree to pay to the said deputies, the sum of one thousand dollars, for the use of the said nation, to be by the said deputies paid over to, and distributed among, the persons and families of the said nation, according to their usages. The sum of five hundred dollars, for the expenses of the said deputies, during the time they have attended this treaty and the sum of one hundred dollars, for their expenses in returning, and for conveying the said sum of one thousand dollars, to where the said nation resides. And the said agents do accordingly, for and in the name of the people of the state of New York, pay the said three several sums to the said deputies, in the presence of the said commissioner. And the said deputies do agree to cede and release, and these presents witness, that they accordingly do, for and in the name of the said nation, in consideration of the said compensation, cede and cede all right, release to the people of the state of New York, forever, all the right or title of the said nation to lands within the said state: and the claim of the said nation to lands within the said state, is hereby wholly and finally extinguished. In testimony whereof, the said commissioner, the said agents, and the Abm. Ten Broeck, Ezra L'Hommedieu, WITNESSES:-Robert Yates, John Tayler, Chas. Williamson, Thomas Morris, To the Indian names is subjoined a seal. [For a contract, dated Sept. 15, 1797, between Robert Morris and the Senecas, entered into under the sanction of the United States, see post, Appendix I. p. 601.] (61) The Mohawks &c. for ever. |