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constituting a large portion of the tribe, have refused to make their homes in any part thereof, assigning as a reason that they are unwilling to submit to Creek laws and government, and that they are apprehensive of being deprived by the Creek authorities of their property; and whereas repeated complaints have been made to the United States Government, that those of the Seminoles who refuse to go into the Creek country, have, without authority or right, seuled upon lands secured to other tribes, and that they have committed numer. ous and extensive depredations upon the property of those upon whose lands they have intruded:

Now, therefore, in order to reconcile all difficulties respecting location and jurisdiction, to seule all disputed questions which have arisen, or may hereafter arise, in regard to rights of property, and especially to preserve the peace of the frontier, seriously endangered by the restless and warlike spirit of the intruding Seminoles, the parties to this treaty have agreed to the following stipulations :


to settle




The Seminoles The Creeks agree that the Seminoles shall be entitled to set

in a tle in a body or separately, as they please, in any part of the body or separ. ately, in any Creek country; that they shall make their own town regulaCreek country,

the lions, subject, however, to the general control of the Creek subject to the council, in which they shall be represented ; and, in short, that control of the no distinction shall be made between the two tibes in any resCreek council. ""

No distinction pect, except in the management of their pecuniary affairs, in to be made be. which neither shall interfere with the other. tween the two tribes, except in pecuniary af.

ARTICLE II. fairs. Seminoles who The Seminoles agree that those of their tribe who have not have not remov. done so before the ratification of this treaty, shall, immediately ed to Creek country to do thereafter, remove to and permanently settle in the Creek so immediately. country.


cases concern



All contested It is mutually agreed by the Creeks and Seminoles that all

ofern contested cases between the two tribes, concerning the right of property io be property, growing out of sales or transactions that may have decision of the occured previous

e occurred previous to the ratification of this treaty, shall be subPresident of the ject to the decision of the President of the United States. United States.


Additional an- The Creeks being greaily dissatisfied with the manner in nuity of $3,000 allowed the which their boundaries were adjusted by the treaty of 1833, Creeks for 20 which they say they did not understand until after its execution years, and the annuity of $3,- and it appearing that in said treaty no addition Wus made to

their country for the use of the Seminoles, but that, on the con 000 provided by
trary, they were deprived, without adequate compensation, of a 1832 continued.
considerable extent of valuable territory: And, moreover, the
Seminoles, since the Creeks first agreed to receive them, hav.
ing been engaged in a protracted and bloody contest, which has
naturally engendered feelings and habits calculated to make
them troublesome neighbors : The United States, in considera-
tion of these circumstances, agree that an additional annuiiy of
three thousand dollars for purposes of education shall be allow-
ed for the term of twenty years ; that the annuity of three
thousand dollars provided in the treaty of 1832 for like purpo-
ses shall be conunued until the deterinination of the additional
annuity above mentioned. It is further agreed that all the edu-

Education sund,
cation funds of the Creeks, including the annuities above nam-anuvity, &c. of
ed, the annual allowance of one thousand dollars, provided in the Citeks to
the treaty of 1833, and also all balances of appropriation for their own crun-
education annuities, that may be due from the United States, try in support of
shall be expended in their own country for the support of a
manual labor school in the Canadian District, and of another
in the Arkansas District; provided that the President does not Proviso.
object to such application of the annuitics above named, gran.
ted in the treaties of 1832 and 1833. And it is also agreed
that, in the management of such schools, the wishes of the
Creek council shall be consulted.

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The Seminoles having expressed a desire to settle in a body Rations to be iron Little River, some distance westward of the present resi- sued to such Sodence of the greater portion of them, it is agreed that rations minoles as may shall be issued to such as may remove while on their way to on the way to their new homes; and that, after their emigration is completed, hones, and the the whole tribe shall be subsisted for six months, due notice to whole tribe to be given that those who do not come into the Creek country 6 months after before the issties commence shall be excluded. And it is dis- emigration. tinctly understood that all those Seminoles, except those now The refusing in Florida, who refuse to remove to and settle in the Creek months country within six months after this treaty is ratified, shall not ratification of

this treaty not participate in any of the benefits it provides.

to participate in

its benefits. ARTICLE VI.


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The sum of fifteen thousand four hundred dollars, provided the sum of $15. in the second article of the treaty of Payne's Landing, shall 400 provided for be paid in the manner therein pointed out, immediately after Payne's Landthe emigration of those Seminoles who may reinove to the ing, and the $3,Creek country is completed. Alsoxas soon after such emigra- for ın said treation as practicable, the annuity of three thousand dollars forty--when to be

paid. years provided in the fourth article of said treaty, and, in addition thereto, for the same period, two thousand dollars per annum in goods suited to their wants to be equally divided among all the members of the tribe.



$1,000 per an. In full satisfaction and discharge of all claims for property num for 5 yenrs to be furnished left or abandoned in Florida at the request of the officers of the in agricultural United States, under promise of remuneration, one thousand implements.

dollars per annum, in agricultural implements, shall be furnished the Seminoles for five years.


The northern To avoid all danger of encroachments on the part of either

de Western Creeks or Seminoles upon the territory of other pations, the boundary line of the Creeks to northern and western boundary lines of the Creek country shall be marked. be plainly and distinctly marked.

Signed 4th Jan: In wiiness whereof, the said Commissioners and the under1845.

signed Chiefs and Head Men of the Creek and Seminole tribes,
have hereunto set their hands, at the Creek Agency, this fourth
day of January, 1845.

Act'g Superintendent Western Territory.

P. M. BUTLER, Cher. Agent.
JAMES LOGAN, Creek Agent.

Seminole Sub-Agent.


Roly McIntosh,

his x mark. To-marih-le Micco, his x mark. Eufaula Harjo,

his x mark. (-poeth-le Yoholo, his x mark. Yargee,

his x mark. Samuel Miller,

his x mark.
Cot-char Tustunnuggee, his x mark.
K. Lewis,
Tuskunar Harjo,

his x mark. Tinthlanis Harjo,

bis x mark. To-cose Fixico,

his x mark. Samuel C. Brown, Ho-tul-gar Harjo,

his x mark. Oak-chun Harjo,

his x mark. Art-tis Fixico,

his x mark. Joseph Carr,

his x mark. Ar-ar-te Harjo,

bis x mark. Sam'l Perryman,

his x mark. 0-switchee Emarthlar, bis x mark. Talloaf Harjo,

his x mark. David Barnett,

his x mark. Jim Boy,

his x mark. B. Marshall.

Tinthlanis Harjo,

his x mark. Co-ab-coo.che Emarthlar, bis x mark. Thlathlo Harjo,

his x mark. E cho Harjo,

his x mark. Co-ah-thlocco,

his x mark. Ke-sar-che Harjo,

his x mark. No cose Harjo,

his x mark. Yar-dick-ah Harjo, his x mark. Yo-ho-lo Chop ko,

his x mark. Phil Grayson,

his x mark. Chu-ille,

his x mark. E-cho Emartbla,

his x mark. Pol.lot ke,

his x mark. Kotsche Harjo,

his x mark. To cose Micco,

his x mark. Henry Marshall,

his x mark. Matthew Marshall, his x mark. Che was tiah Fixico, his x mark. Tom Carr,

his x mark.



bis x mark. Coah-coo.che, or Wild Cat, his x mark. Alligator,

his x mark. Nocose Yoholo,

his x mark. Halleck Tustunnuggee, his x mark. Emah-thloo chee,

his x mark. Octi-ar-chee,

his x mark. Tus se-kiah,

his x mark. Pos cof-far,

his x mark. E-con-chat-le-micco, his x mark. Black Dirt,

bis x mark. Itch hos se Yo-ho-lo, his x mark. Kap-pe-chum-e-cooche, his x mark. Otul-ga Harjo,

his x mark. Yo-ho-lo Harjo,

his x mark. 0-switchee Emarthla, his x maik. Kub-bit-che,

his x mark. An-lo-ne,

his x mark. Yah-bah Fixico,

his x mark. Fus hat.chce Micco, his x mark. 0-chee-sce Micco,

his x mark., his x mark.

In the presence of

J. B. Luce, Secretary to Commissioners.
Samuel C. Brown, U. S. Interpreter.
B. Marshall, Creek Nation Interpreter.
Abraham, U. S. Interpreter
for Seminoles,

his x mark.

J. P. Davis, Capt. U. S. A.
A. Cady, Captain 6th Infantry.
J. B. S. Todd, Captain 61h Infantry.
George W. Clarke.
Jno. Dillard.
James L. Alexander.
J. H. Heard.


MARCH 6, 1845,

Resolution of Resolved, two thirds of the Senators present concurring) the Senate ad. That the Senale advise and consent to the ratification of the senting to the articles of a treaty made by William Armstrong, P. M. Butler, ratification of James Logan, and Thomas L. Judge, Commissioners in be. the treaty with certain amend- half of the United States, of the first part, the Creek tribe of

Indians of the second, and the Seminole Tribe of Indians, of the third part, concluded at the Creek Agency, on the 4th day of January, eighteen hundred and forty-five, with the following



Strike out from the fourth article the following words : " in their own country, for the support of a manual labor school in the Canadian district, and of another in the Arkansas district; provided that the President does not object to such application of the annuities above named, granted in the treaties of 1832 and 1833. And it is also agreed, that, in the management of such schools, the wishes of the Creek council shall be consulted"

And insert, in lieu thereof, the following words: under the direction of the President of the United States for the purposes of education aforesaid."

Strike out from the fifth article the following words: “ex. cept those now in Florida,” and add, at the end of this article, the following: “except those now in Florida, who shall be allowed twelve months from the date of the ratification of this treaty for their removal." Attest:


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Assent of the Whereas a treaty was made and concluded on the fourth day Creeks and Se

of January, 1845, between the United States, by William minoles to the amendments of

Armstrong, Acting Superintendent Western Territory, Pearce the Senate, M. Butler, Cherokee Agent, James Logan, Creck Agent, and

Thomas L. Judge, Sub-Agent for the Seminoles, and the
Chiefs and Head Men of the Creek and Seminole tribes of
Indians assembled in council; and whereas the Senate did,

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