Danl. Smith, Black Fox, or Ennone, his x mark, The Glass, or Tunnquetihee, his x mark, Kutigeskee, his x mark, Toochalar, his x mark, Turtle at Home, or Sullicookiewalar, his x mark, John Greenwood, or Eakosettas, his x mark, L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. Double Head, or Chuquacuttague, his x mark, L. S. L. S. WITNESS: Robert Purdy, Secretary to the Commissioners, Nicholas Byers, United States Factor, Wm. Lovely, Assistant Agent, B. M'Ghee, Saml. Love, James Blair, Hopkins Lacey, Chs. Hicks, Interpreter. CREEKS. [CONCLUDED NOVEMBER 14, 1805.] A convention between the United States and the Creek nation of Indians, concluded at the city of Washington, on the fourteenth day of November, in the year of our Lord one thousand eight hundred and five. Articles of a convention made between Henry Dearborn, Secretary of War, being specially authorized therefor by the President of the United States, and Oche Haujo, William McIntosh, Tuskenehau, Chapco, Tuskenehau, Enehau Thlucco, Chekopeheke Emanthau, chiefs and head men of the Creek nation of Indians, duly authorized and empowered by said nation. ART. 1. The aforesaid chiefs and head men do hereby agree, in consideration of certain sums of money and goods to be paid to the said Creek nation, by the government of the United States,. as hereafter stipulated, to cede and forever quit claim, and do, in behalf of their nation, hereby cede, relinquish, and forever quit claim unto the United States, all right, title, and interest, which the said nation have or claim, in or unto a certain tract of land, situate between the rivers Oconee and Ocmulgee, (except as hereinafter excepted,) and bounded as follows, viz: Beginning at the high shoals of Apalacha, where the line of the treaty of fort Wilkinson touches the same, thence running in a straight line to the mouth of Ulcofauhatche, it being the first large branch or fork of the Ocmulgee, above the Seven Islands: provided however, that if the said line should strike the Ulcofauhatche, at any place above its mouth, that it shall continue round with that stream so as to leave the whole of it on the Indian side; then the boundary to continue from the mouth of the Ulcofauhatche, by the water's edge of the Ocmulgee river, down to its junction with the Oconee; thence up the Oconee to the present boundary at Tauloohatchee creek; thence up said creek, and following the present boundary line, to the first mentioned bounds, at the high shoals of Apalacha; excepting and reserving to the Creek nation, the title and possession of a tract of land, five miles in length and three in breadth, and bounded as follows, viz: Beginning on the eastern shore of the Ocmulgee river, at a point three miles on a straight line above the mouth of a creek called Oakchoncoolgau, which empties into the Ocmulgee, near the lower part of what is called the old Ocmulgee fields; thence running three miles eastwardly, on a course at right angles with the general course of the river, for five miles below the point of beginning; thence from the end of the three miles, to run five miles parallel with the said course of the river; thence westwardly, at right angles with the last mentioned line to the river; thence by the river to the first mentioned bounds. And it is hereby agreed that the President of the United States, for the time being, shall have a right to establish and continue a military post, and a factory or trading house, on said reserved tract; and to make such other use of the said tract as may be found convenient for the United States, as long as the government thereof shall think proper to continue the said military post or trading house. And it is also agreed, on the part of the Creek nation, that the navigation and fishery of the Ocmulgee, from its junction with the Oconee to the mouth of the Ulcofauhatche, shall be free to the white people; provided they use no traps for taking fish; but nets and seines may be used; which shall be drawn to the eastern shore only. ART. 2. It is hereby stipulated and agreed, on the part of the Creek nation, that the government of the United States shall forever hereafter have a right to a horse path, through the Creek country, from the Ocmulgee to the Mobile, in such direction as shall, by the President of the United States, be considered most convenient, and to clear out the same, and lay logs over the creeks and the citizens of said States shall, at all times, have a right to pass peaceably on said path, under such regulations and restrictions, as the government of the United States shall, from time to time, direct; and the Creek chiefs will have boats kept at the several rivers for the conveyance of men and horses, and houses of entertainment established at suitable places on said path for the accommodation of travellers; and the respective ferriages and prices of entertainment for men and horses, shall be regulated by the present agent, Col. Hawkins, or by his successor in office, or as is usual among white people. ART. 3. It is hereby stipulated and agreed, on the part of the United States, as a full consideration for the land ceded by the Creek nation in the first article, as well as by permission granted for a horse path through their country, and the occupancy of the reserved tract, at the old Ocmulgee fields, that there shall be paid annually to the Creek nation, by the United States, for the term of eight years, twelve thousand dollars 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 eleven thousand dollars shall be paid in like manner, annually, for the term of the ten succeeding years, making, in the whole, eighteen payments in the course of eighteen years, without interest. The first payment is to be made as soon as practicable after the ratification of this convention by the government of the United States; and each payment shall be made at the reserved tract, on the old Ocmulgee fields. ART. 4. And it is hereby further, agreed, on the part of the United States, that in lieu of all former stipulations relating to blacksmiths, they will furnish the Creek nation, for eight years, with two blacksmiths and two strikers. ART. 5. The President of the United States may cause the line to be run from the high shoals of Apalacha, to the mouth of Ulcofauhatche, at such time, and in such manner, as he may deem proper, 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 place, and on the day and year above written. H. Dearborn, Oche Haujo, his x mark, William McIntosh, his x mark, Tuskenehau Chapco, his x mark, Enehau Thlucco, his x mark, L. S. L. S. L. S. L. S. L. S. L. S. The foregoing articles have been faithfully interpreted. TIMOTHY BARNARD, Interpreter. CHOCTAWS. [CONCLUDED NOVEMBER 16, 1805.] A treaty of limits between the United States of America and the Choctaw nation of Indians. Thomas Jefferson, President of the United States of America, by James Robertson, of Tennessee, and Silas Dinsmoor, of New Hampshire, agent of the United States to the Choctaws, commissioners plenipotentiary of the United States, on the one part, and the Mingos, chiefs, and warriors of the Choctaw nation of Indians, in council assembled, on the other part, have entered into the following agreement, viz: ART. 1. The Mingos, chiefs, and warriors, of the Choctaw nation of Indians, in behalf of themselves, and the said nation, do, by these presents, cede to the United States of America, all the lands to which they now have or ever had claim, lying to the right of the following lines; to say: Beginning at a branch of the Humecheeto, where the same is intersected by the present Choctaw boundary, and also by the path leading from Natchez to the county of Washington, usually called McClarey's path, thence eastwardly along McClarey's path, to the east or left bank of Pearl river, thence on such a direct line as would touch the lower end of a bluff on the left bank of Chickasawhay river, the first above the Hiyoowannee towns, called Broken Bluff, to a point within four miles of the Broken Bluff, thence, in a direct line nearly parallel with the river, to a point whence an east line of four miles in length will intersect the river below the lowest settlement at present occupied and improved in the Hiyoowannee town, thence still east four miles, thence in a direct line nearly parallel with the river to a point on a line to be run from the lower end of the Broken Bluff to Faluktabunnee, on the Tombigbee river, four miles from the Broken Bluff, thence along the said line to Faluktabunnee, thence east to the boundary between the Creeks and Choctaws on the ridge dividing the waters running into the Alabama from those running into the Tombigbee, thence southwardly along the said ridge and boundary to the southern point of the Choctaw claim. Reserving a tract of two miles square, run on meridians and parallels, so as to include the houses and improvements in the town of Fuketcheepoonta, and reserving also a tract of five thousand one hundred and twenty acres, beginning at a post on the left bank of Tombigbee river opposite the lower end of Hatchatigbee Bluff, thence ascending the river four miles front and two back; one half for the use of Alzira, the other half for the use of Sophia, daughters of Samuel Mitchell, by Molly, a Choctaw woman. The latter reserve to be subject to the same laws and regulations as may be established in the circum jacent country; and the said Mingos of the Choctaws, request that the government of the United States may confirm the title of this reserve in the said Alzira and Sophia. ART. 2. For and in consideration of the foregoing cession on the part of the Choctaw nation, and in full satisfaction for the same, the commissioners of the United States 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 fifty thousand five hundred dollars, for the following purposes, to wit: Forty-eight thousand dollars to enable the Mingos to discharge the debt due to their merchants and traders; and also to pay for the depredations committed on stock and other property, by evil disposed persons of the said Choctaw nation; two thousand five hundred dollars to be paid to John Pitchlynn, to compensate him for certain losses sustained in the Choctaw country, and as a grateful testimonial of the nation's esteem. And the said states shall also pay annually to the said Choctaws, for the use of the nation, three thousand dollars, in such goods (at net cost of Philadelphia) as the Mingos may choose, they giving at least one year's notice of such choice. ART. 3. The commissioners of the United States, on the part of the said states, engage to give to each of the three great medal Mingos, Pukshunubbee Mingo, Hoomastubbee, and Poosshamattaha, five hundred dollars, in consideration of past services in their nation, and also to pay to each of them an annuity of one hundred and fifty dollars during their continuance in office. It is perfectly understood, that neither of those great medal Mingos is to share any part of the general annuity of the nation. ART. 4. The Mingos, chiefs, and warriors of the Choctaws, certify that a tract of land not exceeding fifteen hundred acres, situated between the Tombigbee river and Jackson's creek, the front or river line extending down the river from a blazed white oak, standing on the left bank of the Tombigbee, near the head of the shoal, next above Hobukenloopa, and claimed by John McGrew, was, in fact, granted to the said McGrew by Opiomingo Hesnitta, and others, many years ago, and they respectfully request the government of the United States to establish the claim of the said McGrew to the said fifteen hundred acres. ART. 5. The two contracting parties covenant and agree, that the boundary, as described in the second article,* shall be ascertained and plainly marked, in such way and manner as the President of the United States may direct, in the presence of three persons to be appointed by the said nation; one from each of the great medal districts, each of whom shall receive for this service two dollars per day for his actual attendance; and the Choctaws shall have due and seasonable notice of the place where, and time when, the operation shall commence. *The 1st art. is presumed to be meant. The 2d does not designate a boundary. |