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ARTICLES OF A TREATY

Between the United States of America, by their commissioners, Return J. Meigs and Daniel Smith, who are appointed to hold conferences with the Cherokees for the purpose of arranging certain interesting matters with the said Indians, of the one part, and the undersigned chiefs and head men of the Cherokees, of the other part.

Oct. 27, 1805.

Proclamation, June 10, 1806.

Cession of cer

United States.

ART. 1st. Whereas it has been represented by the one party to the other, that the section of land on which the garrison of South West tain land to the Point stands, and which extends to Kingston, is likely to be a desirable place for the assembly of the state of Tennessee to convene at (a committee from that body now in session having viewed the situation) now the Cherokees being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes, and not for individual advantages, (reserving the ferries to themselves,) quit claim and cede to the United States the said section of land, understanding at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the government; we also cede to the United States the first island in the Tennessee, above the mouth of Clinch.

ART. 2d. And whereas the mail of the United States is ordered to be carried from Knoxville to New-Orleans, through the Cherokee, Creek and Choctaw countries; the Cherokees agree that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbe, to be laid out by viewers appointed on both sides, who shall direct it the nearest and best way; and the time of doing the business the Cherokees shall be notified of.

Cherokees

grant the free use of a road through their country for the carriage of the

mail.

Payment to

ART. 3d. In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians sixteen Cherokees. hundred dollars in money, or useful merchandize at their option, within ninety days after the ratification of this treaty.

ART. 4th. This treaty shall be obligatory between the contracting Treaty, when parties as soon as it is ratified by the President, by and with the advice to take effect. and consent of the Senate of the United States.

IN TESTIMONY WHEREOF, the said commissioners, and the undersigned chiefs and head men of the Cherokees have hereto set their hands and seals.

Done at Tellico, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and five.

RETURN J. MEIGS,
DANL. SMITH.

Black Fox, or Eunone,

The Glass, or Tuu, qua, ti, hee,
Kutiyeskee,

Toochalar,

Turtle at Home, or Sullicoo, kie, walar,
Dick Justice,

John Greenwood, or Eukosettas,
Chulevah, or Gentleman Tom,

Broom, or Can, nar, we, so, ske,
Bald Hunter, or Too, wa, yul, lan,
John McLemore, or Eu squal looka,
Closenie, or Creeping,

Double Head, or Chu, qua, cuttague,
Chickasaw-tihee, or Chickasaw tihee
killer.

WITNESSES:-(Signed,) Robert Purdy, Secretary to the Commissioners. W. Yates, B. Com'g. Nicholas Byers, U. S. Factor. Wm. L. Lovely, Assistant Agent. B. McGhee. Saml Love. James Blair. Hopkins Lacy. Chs. Hicks, Interpreter. To the Indian names are subjoined a mark and scal.

A CONVENTION

Nov. 14, 1805. 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.

Proclamation, June 2, 1806.

Cession by the Creek Indians.

Boundaries.

ARTICLES of a Convention made between Henry Dearborn, secretary of war, being specially authorised therefor by the President of the United States, and Oche Haujo, William M'Intosh, Tuskenehau Chapce, Tuskenehau, Enehau Thlucco, Checopeheke, Emantlau, chiefs and head men of the Creek nation of Indians, duly authorised and empowered by said nation.

ART. I. 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 Tauloohatche 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 Ulcofauhatchee, 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. II. 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. III. 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. IV. 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. V. 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.

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Oche Haujo,

William McIntosh,

Tuskenehau Chapco,

Tuskenehau,
Enehau Thlucco,

Chekopeheke Emantlau.

Signed and sealed in the presence of, James Madison, Rt. Smith, Benjamin Haw

kins, Timothy Barnard, Jno. Smith, Andrew McClary.

The foregoing articles have been faithfully interpreted.

TIMOTHY BARNARD, Interpreter.

To the Indian names are subjoined a mark and seal.

Nov. 16, 1805. Proclamation, Feb. 25, 1808.

Cession to the United States.

Reservation.

A TREATY OF LIMITS

Between the United States of America and the Chaktaw 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 Chaktaws, commissioners plenipotentiary of the United States, on the one part, and the Mingoes, Chiefs and warriors of the Chaktaw nation of Indians, in council assembled, on the other part, have entered into the following agreement, viz:

ARTICLE I. The Mingoes, chiefs, and warriors of the Chaktaw 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 Humacheeto where the same is intersected by the present Chaktaw boundary, and also by the path leading from Natchez to the county of Washington, usually called M'Clarey's path, thence eastwardly along M'Clarey'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 Chaktaws on the ridge dividing the waters running into the Alabama from those running into Tombigbee, thence southwardly along the said ridge and boundary to the southern point of the Chaktaw 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 Chaktaw woman. The latter reserve to be subject to the same

laws and regulations as may be established in the circumjacent country; and the said Mingoes of the Chaktaws, request that the government of the United States may confirm the title of this reserve in the said Alzira and Sophia.

ART. II. For and in consideration of the foregoing cession on the Consideration. part of the Chaktaw 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 Mingoes 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 Chaktaw nation; two thousand five hundred dollars to be paid to John Pitchlynn, to compensate him for certain losses sustained in the Chaktaw country, and as a grateful testimonial of the nation's esteem. And the said States shall also pay annually to the said Chaktaws, for the use of the nation, three thousand dollars in such goods (at neat cost of Philadelphia) as the Mingoes may choose, they giving at least one year's notice of such choice.

ART. III. The commissioners of the United States, on the part of the said States, engage to give to each of the three great Medal Mingoes, Pukshunubbee-Mingo, Hoomastubbee, and Pooshamattaha, 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 Mingoes is to share any part of the general annuity of the

nation.

Payment to

certain Indians

for past ser

vices.

ART. IV. The Mingoes, chiefs, and warriors of the Chaktaws, certify Claim of John that a tract of land not exceeding fifteen hundred acres, sittuated M'Grew. 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 Hobukentoopa, and claimed by John M'Grew was in fact granted to the said M'Grew 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 M'Grew to the said fifteen hundred acres.

ART. V. The two contracting parties covenant and agree that the boundary as described in the second [first] 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 during his actual attendance, and the Chaktaws shall have due and seasonable notice of the place where, and time when, the opperation shall commence.

Boundaries.

A certain former grant con

ART. VI. The lease granted for establishments on the roads leading through the Chaktaw country, is hereby confirmed in all its conditions, firmed. and, except in the alteration of boundary, nothing in this instrument shall affect or change any of the pre-existing obligations of the contracting parties.

When to take

ART. VII. This treaty shall take effect and become reciprocally ob- effect. ligatory so soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States.

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