the mutual confidence and friendship which are hereby acknowledged to subsist between the contracting parties shall be maintained and perpetuated. A wagon way ART. II. The Mingos principal men and warriors of the Chactaw nation of Indians, do hereby give their free consent, that a convenient to be made through Indian and durable waggon way may be explored, marked, opened and made lands. under the orders and instructions of the President of the United States, through their lands to commence at the northern extremity of the settlements of the Mississippi Territory, and to be extended from thence, by such route as may be selected and surveyed under the authority of the President of the United States, until it shall strike the lands claimed by the Chickasaw nation; and the same shall be and continue for ever, a high-way for the citizens of the United States and the Chactaws; and the said Chactaws shall nominate two discreet men from their nation, who may be employed as assistants, guides or pilots, during the time of laying out and opening the said high-way, or so long as may be deemed expedient, under the direction of the officer charged with this duty, who shall receive a reasonable compensation for their services. ART. III. The two contracting parties covenant and agree that the old line of demarkation heretofore established by and between the officers of his Britannic Majesty and the Chactaw nation, which runs in a parallel direction with the Mississippi river and eastward thereof, shall be retraced and plainly marked, in such way and manner as the President may direct, in the presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements of the Mississippi Territory and the Chactaw nation. And the said nation does by these presents relinquish to the United States and quit claim for ever, all their right, title and pretension to the land lying between the said line and the Mississippi river, bounded south by the thirty-first degree of north latitude, and north by the Yazoo river, where the said line shall strike the same; and on the part of the commissioners it is agreed, that all persons who may be settled beyond this line, shall be removed within it, on the side towards the Mississippi, together with their slaves, household furniture, tools, materials and stock, and that the cabbins or houses erected by such persons shall be demolished. go ART. IV. The President of the United States may, at his discretion, proceed to execute the second article of this treaty; and the third article shall be carried into effect as soon as may be convenient to the vernment of the United States, and without unnecessary delay on the one part or the other, of which the President shall be the judge; the Chactaws to be seasonably advised, by order of the President of the United States, of the time when, and the place where, the re-survey and re-marking of the old line referred to in the preceding article, will be commenced. Boundary. Indians to be notified of the time, &c. of resurvey. $2000 deliver dians, &c. ART. V. The commissioners of the United States, for and in consideration of the foregoing concessions on the part of the Chactaw nation, ed to the Inand in full satisfaction for the same, do give and deliver to the Mingos, chiefs and warriors of the said nation, at the signing of these presents, the value of two thousand dollars in goods and merchandise, nett cost of Philadelphia, the receipt whereof is hereby acknowledged; and they further engage to give three sets of blacksmith's tools to the said nation. Treaty, when ART. VI. This treaty shall take effect and be obligatory on the contracting parties, so soon as the same shall be ratified by the President to take effect. of the United States of America, by and with the advice and consent of the Senate thereof. IN TESTIMONY WHEREOF, the Commissioners Plenipotentiary of the United States, and the Mingos, principal men and warriors of the Chactaw nation, have hereto subscribed their names and affixed their seals, at Fort Adams, on the Mississippi, this seventeenth day of December, in the year of our Lord one thousand eight hundred and one, and of the independence of the United States the twentysixth. Tuskona Hopoia, Mingo Homo Massatubby, Oak Chumme, Mingo Poos,coos, Buckshun Nubby, Shappa Homo, Hi,u,pa Homo, JA. WILKINSON, Il,la talla, Homo, Hoché Homo, Capputanne Thlucco, Poosha Homo, Ba ka Lub,bè. WITNESSES PRESENT:-Alexander Macomb, jun. secretary to the commission; John McKee, deputy superintendant and agent to the Chactaws; Henry Gaither, lieutenant colonel commandant; John H. Brull, major second regiment infantry; Bn. Shaumburgh, captain second regiment infantry; Fran. Jones, assistant quarter master general; Benjamin Wilkinson, lieutenant and paymaster third United States regiment; J. B. Walbach, aid de camp to the commanding general; J. Wilson, lieutenant third regiment infantry; Samuel Jeton, lieutenant second regiment of artillery and engineers; John F. Carmichael, surgeon third regiment United States army. To the Indian names are subjoined a mark and seal. A TREATY OF LIMITS June 16, 1802. Between the United States of America and the Creek Nation of Proclamation, Jan. 11, 1803. Cession of territory to U. S. Indians. THOMAS JEFFERSON, President of the United States of America, by James Wilkinson, of the state of Maryland, Brigadier General in the army of the United States, Benjamin Hawkins, of North-Carolina, and Andrew Pickens of South-Carolina, Commissioners Plenipotentiary of the United States, on the one part, and the Kings, Chiefs, Head Men and Warriors of the Creek Nation, in council assembled, on the other part, have entered into the following articles and conditions, viz. ARTICLE I. The Kings, Chiefs, Head men and Warriors of the Creek nation, in behalf of the said nation, do by these presents cede to the United States of America, all that tract and tracts of land, situate, lying and being within and between the following bounds, and the lines and limits of the extinguished claims of the said nation, heretofore ascertained and established by treaty. That is to say-beginning at the upper extremity of the high shoals of the Appalachee river, the same being a branch of the Oconee river, and on the southern bank of the same-running thence a direct course to a noted ford of the south branch of Little river, called by the Indians Chat-to-chuc-co hat-chee— thence a direct line to the main branch of Commissioners' creek, where the same is intersected by the path leading from the rock-landing to the Ocmulgee Old Towns, thence a direct line to Palmetto Creek, where the same is intersected by the Uchee path, leading from the Oconee to the Ocmulgee river-thence down the middle waters of the said Creek to Oconee river, and with the western bank of the same to its junction with the Ocmulgee river, thence across the Ocmulgee river to the south bank of the Altamaha river, and down the same at low water mark to the lower bank of Goose Creek, and from thence by a direct line to the Mounts, on the Margin of the Okefinocau swamp, raised and established by the commissioners of the United States and Spain at the head of the St. Mary's river; thence down the middle waters of the said river, to the point where the old line of demarkation strikes the same, thence with the said old line to the Altamaha river, and up the same to Goose Creek and the said Kings, Chiefs, Head men and Warriors, do relinquish and quit claim to the United States all their right, title, interest and pretensions, in and to the tract and tracts of land within and between the bounds and limits aforesaid, for ever. ART. II. The commissioners of the United States, for and in consideration of the foregoing concession on the part of the Creek nation, and in full satisfaction for the same do hereby covenant and agree with the said nation, in behalf of the United States, that the said states shall pay to the said nation, annually, and every year, the sum of three thousand dollars, and one thousand dollars for the term of ten years, to the chiefs who administer the government, agreeably to a certificate under the hands and seals of the commissioners of the United States, of this date, and also twenty-five thousand dollars in the manner and form following, viz. Ten thousand dollars in goods and merchandize, the receipt of which is hereby acknowledged; ten thousand dollars to satisfy certain debts due from Indians and white persons of the Creek country to the factory of the United States; the said debts, after the payment aforesaid, to become the right and property of the Creek nation, and to be recovered for their use in such way and manner as the President of the United States may think proper to direct; five thousand dollars to satisfy claims for property taken by individuals of the said nation, from the citizens of the United States, subsequent to the treaty of Colerain, which has been or may be claimed and established agreeably to the provisions of the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. And it is further agreed that the United States shall furnish to the said nation two sets of blacksmiths tools, and men to work them, for the term of three years. Consideration for the foregoing concession. Garrisons to be Indian lands. ART. III. It is agreed by the contracting parties, that the garrison or garrisons which may be found necessary for the protection of the fron- established on tiers, shall be established upon the land of the Indians, at such place or places as the President of the United States may think proper to direct, in the manner and on the terms established by the treaty of Colerain. ART. IV. The contracting parties to these presents, do agree that this treaty shall become obligatory and of full effect so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof. IN TESTIMONY WHEREOF, the Commissioners Plenipotentiary of the United States, and the Kings, Chiefs, Head Men and Warriors of the Creek nation, have hereunto subscribed their names and affixed their seals, at the camp of the Commissioners of the United States, near Fort Wilkinson, on the Oconee river, this sixteenth day of June, in the year of our Lord one thousand eight hundred and When to take effect. two, and of the independence of the United States the twentysixth. Timothy Barnard, Alexander Cornels, Joseph Islands, Interpreters. Alexander Macomb, jun. Secretary to the Commission. William R. Bootes, Captain 2d Regiment Infantry. T. Blackburn, Lieut. Com. Comp. D. John B. Barnes, Lieut. United States A. Wm. Hill, Ajt. C. D. To the Indian titles are subjoined a mark and seal. Proclamation, Jan. 12, 1803. Ratified Jan. THIS INDENTURE, June 30, 1802. Made the thirtieth day of June, in the year of our Lord one thousand eight hundred and two, between the Sachems, Chiefs, and Warriors of the Seneca nation of Indians, of the first part, and Wilhem Willink, Pieter Van Eeghen, Hendrik Vollenhoven, W. Willink the younger, I. Willink the younger (son of Jan) Jan Gabriel Van Staphorst, Roelof Van Staphorst, the younger, Cornelis Vollenhoven, and Hendrik Seye, all of the city of Amsterdam, and republic of Batavia, by Joseph Ellicott, esquire, their agent and attorney, of the second part. 12, 1803. Preamble. WHEREAS at a treaty held under the authority of the United States with the said Seneca nation of Indians, at Buffalo creek, in the county of Ontario, and state of New-York, on the day of the date of these presents, by the honorable John Taylor, esquire, a commissioner appointed by the President of the United States to hold the same, in pursuance of the constitution, and of the act of the Congress of the United States, in such case made and provided, a convention was entered into in the presence and with the approbation of the said commissioner, between the said Seneca nation of Indians and the said Wilhem Willink, Pieter Van Eeghen, Hendrik Vollenhoven, W. Willink the younger, I. Willink the younger (son of Jan) Jan Gabriel Van Staphorst, Roelof Van Staphorst the younger, Cornelis Vollenhoven, and Hendrik Seye, by the said Joseph Ellicott, their agent and attorney, lawfully constituted and appointed for that purpose. NOW THIS INDENTURE WITNESSETH, That the said parties of the first part, for and in consideration of the lands hereinafter described, do hereby exchange, cede, and forever quit claim to the said parties of the second part, their heirs and assigns, ALL those lands situate, lying and being in the county of Ontario, and state of New-York, being part of the lands described and reserved by the said parties of the first part, in a treaty or convention held by the honorable Jeremiah Wadsworth, esquire, under the authority of the United States on the Genesee river the 15th day of September, one thousand seven hundred and ninetyseven, in words following, viz. Cession of lands. Boundary de "BEGINNING at the mouth of the eighteen mile or Kogh-quaw-gu creek, thence a line or lines to be drawn parallel to lake Erie, at the scribed. distance of one mile from the lake, to the mouth of Cataraugos creek, thence a line or lines extending twelve miles up the north side of said creek, at the distance of one mile therefrom, thence a direct line to the said creek, thence down the said creek to lake Erie, thence along the lake, to the first mentioned creek, and thence to the place of beginning. Also one other piece at Cataraugos, beginning at the shore of lake Erie, on the south side of Cataraugos creek, at the distance of one mile from the mouth thereof, thence running one mile from the lake, thence on a line parallel thereto, to a point within one mile from the Con-non-dauwe-gea creek, thence up the said creek one mile on a line parallel thereto, thence on a direct line to the said creek, thence down the same to lake Erie, thence along the lake to the place of beginning;" reference being thereunto had will fully appear. TOGETHER With all and singular the rights, privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining. AND all the estate, right, title, and interest whatsoever, of them, the said parties of the first part, and their nation, of, in and to the said tracts of land, above described, To HAVE AND TO HOLD all and singular the said granted premises, with the appurtenances, to the said parties of the second part, their heirs and assigns, to their only proper use, benefit and behoof forever. AND in consideration of the said lands described and ceded as aforesaid, the said parties of the second part, by Joseph Ellicott, their agent and attorney as aforesaid, do hereby exchange, cede, release, and quit claim to the said parties of the first part, and their nation (the said parties of the second part, reserving to themselves the right of pre-emption) all that certain tract or parcel of land situate as aforesaid. BEGINNING at a post marked No. 0. standing on the bank of lake Erie, at the mouth of Cataraugos creek, and on the north bank thereof; thence along the shore of said lake N. 11° E. 21 chains; N. thirteen degrees east 45 chains; N. 19° E. 14 chains 65 links to a post; thence east 119 chains to a post; thence south 14 chains 27 links to a post; thence east 640 chains to a post standing in the meridian between the 8th and 9th ranges; thence along said meridian south 617 chains 75 links, to a post standing on the south bank of Cataraugos creek; thence west 160 chains to a post; thence north 290 chains 25 links to a post; thence west 482 chains 31 links to a post; thence north 219 chains 50 links to a post standing on the north bank of Cataraugos creek; thence down the same and along the several meanders thereof, to the place of beginning. TO HOLD to the said parties of the first part in the same manner and by the same tenure as the lands reserved by the said parties of the first part in and by the said treaty or convention entered into on Genesee river, the 15th day of September, one thousand seven hundred and ninety-seven, as aforesaid, were intended to be held. Consideration. |