and descendants, for the considerations above mentioned, release, quit claim, relinquish, and cede, all the land to the northward and eastward of the boundary herein described. ART. 5. The United States solemnly guaranty to the Creek nation, all their lands within the limits of the United States, to the westward and southward of the boundary described by the preceding article. ART. 6. If any citizen of the United States, or other person, not being an Indian, shall attempt to settle on any of the Creeks' lands, such person shall forfeit the protection of the United States; and the Creeks may punish him or not, as they please. ART. 7. No citizen or inhabitant of the United States shall attempt to hunt or destroy the game on the Creek lands: nor shall any such citizen or inhabitant go into the Creek country, without a passport first obtained from the governor of some one of the United States, or the officer of the troops of the United States, commanding at the nearest military post on the frontiers, or such other person as the President of the United States may, from time to time, authorize to grant the same. ART. 8. If any Creek Indian or Indians, or person residing among them, or who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime on any of the citizens or inhabitants of the United States, the Creek nation, or town, or tribe to which such offender or offenders may belong, shall be bound to deliver him or them up, to be punished according to the laws of the United States. ART. 9. If any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, shall go into any town, settlement, or territory, belonging to the Creek nation of Indians, and shall there commit any crime upon, or trespass against the person or property of any peaceable and friendly Indian or Indians, which, if committed within the jurisdiction of any State, or within the jurisdiction of either of the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such State or district, such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the State or district to which he or they may belong, against a citizen or white inhabitant thereof. ART. 10. In cases of violence on the persons or property of the individuals of either party, neither retaliation nor reprisal shall be committed by the other, until satisfaction shall have been demanded of the party of which the aggressor is, and shall have been refused. ART. 11. The Creeks shall give notice to the citizens of the United States of any designs which they may know or suspect to be formed in any neighboring tribe or by any person whatever, against the peace and interest of the United States. ART. 12. That the Creek nation may be led to a greater degree of civilization, and to become herdsmen and cultivators, instead of remaining in a state of hunters, the United States will, from time to time, furnish gratuitously the said nation with useful domestic animals and implements of husbandry. And further, to assist the said nation in so desirable a pursuit, and at the same time to establish a certain mode of communication, the United States will send such, and so many, persons to reside in said nation, as they may judge proper, and not exceeding four in number, who shall qualify themselves to act as interpreters. These persons shall have lands assigned them by the Creeks for cultivation, for themselves and their successors in office; but they shall be precluded exercising any kind of traffic. ART. 13. 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. ART. 14. This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President of the United States, with the advice and consent of the Senate of the United States. In witness of all and every thing herein determined, between the United States of America, and the whole Creek nation, the parties have hereunto set their hands and seals, in the city of New York, within the United States, this seventh day of August, one thousand seven hundred and ninety. In behalf of the United States: H. Knox, Secretary of War, and sole commissioner for treating with the Creek nation of Indians, L. S. In behalf of themselves and the whole Creek nation of Indians: Alexander McGillivray, L. S. CUSETAHS. Fuskatche Mico, or Birdtail King, his x mark, L. S. Hopothe Mico, or Tallisee King, his x mark, L. S. L. S. TUCKABATCHY. Soholessee, or Young Second Man, his x mark, L. S. L. S. NATCHEZ. Chinabie, or the Great Natchez Warrior, his x mark, his x mark, Thakoteehee, or the Mole, his x mark, L. S. Oquakabee, his x mark, L. S. L. S. L. S. COWETAS. Tuskenaah, or Big Lieutenant, his x mark, L. S. Homatah, or Leader, his x mark, L. S. Chinnabie, or Matthews, his x mark, L. S. Juleetaulematha, or Dry Pine, his x mark, L. S. OF THE BROKEN ARROW. Chawookly Mico, his x mark, L. S. COOSADES. Coosades Hopoy, or the Measurer, his x mark, Stimafutchkee, or Good Humor, his x mark, Richard Morris, Chief Justice of the State of New York, Richard Varick, Mayor of the city of New York, L. S. L. S. CHEROKEES. [CONCLUDED JULY 2, 1791.] A treaty of peace and friendship, made and concluded between the President of the United States of America, on the part and behalf of the said States, and the undersigned chiefs and warriors of the Cherokee nation of Indians, on the part and behalf of the said nation. The parties being desirous of establishing permanent peace and friendship between the United States and the said Cherokee nation, and the citizens and members thereof, and to remove the causes of war, by ascertaining their limits and making other necessary, just, and friendly arrangements: the President of the United States, by William Blount, governor of the territory of the United States of America south of the river Ohio, and superintendent of Indian affairs for the southern district, who is vested with full powers for these purposes, by and with the advice and consent of the Senate of the United States: and the Cherokee nation, by the undersigned chiefs and warriors representing the said nation, have agreed to the following articles, namely: ART. 1. There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the whole Cherokee nation of Indians. ART. 2. The undersigned chiefs and warriors for themselves and all parts of the Cherokee nation, do acknowledge themselves and the said Cherokee nation, to be under the protection of the United States of America, and of no other sovereign whosoever; and they also stipulate that the said Cherokee nation will not hold any treaty with any foreign power, individual State, or with individuals of any State. ART. 3. The Cherokee nation shall deliver to the governor of the territory of the United States of America south of the river Ohio, on or before the first day of April next, at this place, all persons who are now prisoners, captured by them from any part of the United States: and the United States shall, on or before the same day, and at the same place, restore to the Cherokees, all the prisoners now in captivity, which the citizens of the United States have captured from them. ART. 4. The boundary between the citizens of the United States and the Cherokee nation, is and shall be as follows: Beginning at the top of the Currahee mountain, where the Creek line passes it; thence a direct line to Tugelo river; thence northeast to the Ocunna mountain, and over the same along the South Carolina Indian boundary to the North Carolina boundary; thence north to a point from which a line is to be extended to the river Clinch, that shall pass the Holston at the ridge which divides the waters running into Little river from those running into the Tennessee; thence up the river Clinch to Campbell's line, and along the same to the top of Cumberland mountain; thence a direct line to the Cumberland river where the Kentucky road crosses it; thence down the Cumberland river to a point from which a southwest line will strike the ridge which divides the waters of Cumberland from those of Duck river, forty miles above Nashville; thence down the said ridge to a point from whence a southwest line will strike the mouth of Duck river. And in order to preclude forever all disputes relative to the said boundary, the same shall be ascertained, and marked plainly, by three persons appointed on the part of the United States, and three Cherokees, on the part of their nation. And in order to extinguish forever all claims of the Cherokee nation, or any part thereof, to any of the land lying to the right of the line above described, beginning as aforesaid at the Currahee mountain, it is hereby agreed, that in addition to the consideration heretofore made for the said land, the United States will cause certain valuable goods to be immediately delivered to the undersigned chiefs and warriors, for the use of their nation; and the said United States will also cause the sum of one thousand dollars to be paid annually to the said Cherokee nation. And the undersigned chiefs and warriors do hereby, for themselves and the whole Cherokee nation, their heirs and descendants, for the considerations above mentioned, release, quit claim, relinquish, and cede, all the land to the right of the line described, and beginning as aforesaid. ART. 5. It is stipulated and agreed, that the citizens and inhabitants of the United States shall have a free and unmolested use of a road from Washington district to Mero district, and of the navigation of the Tennessee river. ART. 6. It is agreed on the part of the Cherokees, that the United States shall have the sole and exclusive right of regulating their trade. ART. 7. The United States solemnly guaranty to the Cherokee nation, all their lands not hereby ceded. ART. 8. If any citizen of the United States, or other person, not being an Indian, shall settle on any of the Cherokees' lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please. ART. 9. No citizen or inhabitant of the United States, shall attempt to hunt or destroy the game on the lands of the Cherokees; nor shall any citizen or inhabitant go into the Cherokee country, without a passport first obtained from the governor of some one of the United States, or territorial districts, or such other person as the President of the United States may, from time to time, authorize to grant the same. |