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vided, however, that no selections or locations under this treaty shall be so made as to include the agency reserve.

ART. 3. These tracts may be conveyed by the persons selecting the same, to any other persons for a fair consideration, in such manner as the President may direct. The contract shall be certified by some person appointed for that purpose by the President, but shall not be valid till the President approves the same. A title shall be given by the United States on the completion of the payment. ART. 4. At the end of five years, all the Creeks entitled to these selections, and desirous of remaining, shall receive patents therefor in fee simple, from the United States.

ART. 5. All intruders upon the country hereby ceded shall be removed therefrom in the same manner as intruders may be removed by law from other public land until the country is surveyed, and the selections made; excepting, however, from this provision, those white persons who have made their own improvements, and not expelled the Creeks from theirs. Such persons may remain till their crops are gathered. After the country is surveyed and the selections made, this article shall not operate upon that part of it not included in such selections. But intruders shall, in the manner before described, be removed from these selections for the term of five years from the ratification of this treaty, or until the same are conveyed to white persons.

ART. 6. Twenty-nine sections in addition to the foregoing may be located, and patents for the same shall then issue to those persons, being Creeks, to whom the same may be assigned by the Creek tribe. But whenever the grantees of these tracts possess improvements, such tracts shall be so located as to include the improvements, and as near as may be in the centre. And there shall also be granted by patent to Benjamin Marshall, one section of land, to include his improvements on the Chatahoochee river, to be bounded for one mile in a direct line along the said river, and to run back for quantity. There shall also be granted to Joseph Bruner, a colored man, one half section of land, for his services as an interpreter.

ART. 7. All the locations authorized by this treaty, with the exception of that of Benjamin Marshall, shall be made in conformity with the lines of the surveys; and the Creeks relinquish all claim for improvements.

ART. 8. An additional annuity of twelve thousand dollars shall be paid to the Creeks for the term of five years, and thereafter the said annuity shall be reduced to ten thousand dollars, and shall be paid for the term of fifteen years. All the annuities due to the Creeks shall be paid in such manner as the tribe may direct.

ART. 9. For the purpose of paying certain debts due by the Creeks, and to relieve them in their present distressed condition, the sum of one hundred thousand dollars shall be paid to the Creek tribe, as soon as may be after the ratification hereof, to be applied

to the payment of their just debts, and then to their own relief, and to be distributed as they may direct, and which shall be in full consideration of all improvements.

ART. 10. The sum of sixteen thousand dollars shall be allowed as a compensation to the delegation sent to this place, and for the payment of their expenses, and of the claims against them.

ART. 11. The following claims shall be paid by the United States:

For ferries, bridges, and causeways, three thousand dollars, provided that the same shall become the property of the United States.

For the payment of certain judgments obtained against the chiefs, eight thousand five hundred and seventy dollars.

For losses for which they suppose the United States responsible, seven thousand seven hundred and ten dollars.

For the payment of improvements under the treaty of 1826, one thousand dollars.

The three following annuities shall be paid for life:
To Tuske-hew-haw-Cusetaw, two hundred dollars.
To the Blind Uchu King, one hundred dollars.

To Neah Micco, one hundred dollars.

There shall be paid the sum of fifteen dollars, for each person who has emigrated without expense to the United States, but the whole sum allowed under this provision, shall not exceed fourteen hundred dollars.

There shall be divided among the persons, who suffered in consequence of being prevented from emigrating, three thousand dollars.

The land hereby ceded shall remain as a fund from which all the foregoing payments, except those in the ninth and tenth articles, shall be paid.

ART. 12. The United States are desirous that the Creeks should remove to the country west of the Mississippi, and join their countrymen there; and for this purpose it is agreed, that as fast as the Creeks are prepared to emigrate, they shall be removed at the expense of the United States, and shall receive subsistence while upon the journey, and for one year after their arrival at their new homes: Provided, however, that this article shall not be construed so as to compel any Creek Indian to emigrate, but they shall be free to go or stay, as they please.

ART. 13. There shall also be given to each emigrating warrior, a rifle, moulds, wiper, and ammunition, and to each family one blanket. Three thousand dollars, to be expended as the President may direct, shall be allowed for the term of twenty years, for teaching their children. As soon as half their people emigrate, one blacksmith shall be allowed them, and another when twothirds emigrate, together with one ton of iron, and two hundred

weight of steel annually, for each blacksmith. These blacksmiths shall be supported for twenty years.

ART. 14. The Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians, nor shall any State or territory ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves, so far as may be compatible with the general jurisdiction which Congress may think proper to exercise over them. And the United States will also defend them from the unjust hostilities of other Indians; and will also as soon as the boundaries of the Creek country west of the Mississippi are ascertained, cause a patent or grant to be executed to the Creek tribe, agreeably to the third section of the act of Congress of May 2d, 1830, entitled "An act to provide for an exchange of lands with the Indians, residing in any of the States, or territories, and for their removal west of the Mississippi."

ART. 15. This treaty shall be obligatory on the contracting parties, as soon as the same shall be ratified by the United States. In testimony whereof, the said Lewis Cass, and the undersigned chiefs of the said tribe, have hereunto set their hands at the city of Washington, this 24th day of March, A. D. 1832. Lewis Cass,

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[ CONCLUDED MAY 9, 1832-RATIFIED APRIL 12, 1834. ]

The Seminole Indians, regarding with just respect the solicitude manifested by the President of the United States for the improvement of their condition, by recommending a removal to a country more suitable to their habits and wants than the one they at present occupy in the territory of Florida, are willing that their

confidential chiefs, Jumper, Fuch-a-lus-ti-hadjo, Charley Emartla, Coi-had-jo, Holati-Emartla, Ya-ha-hadjo, Sam Jones, accompanied by their agent, major Phagan, and their faithful interpreter, Abraham, should be sent at the expense of the United States, as early as convenient, to examine the country assigned to the Creeks west of the Mississippi river; and should they be satisfied with the character of that country, and of the favorable disposition of the Creeks to reunite with the Seminoles as one people; the articles of the compact and agreement, herein stipulated at Payne's landing on the Ochlawaha river, this ninth day of May, one thousand eight hundred and thirty-two, between James Gadsden, for and in behalf of the government of the United States, and the undersigned chiefs and head men, for and in behalf of the Seminole Indians, shall be binding on the respective parties.

ART. 1. The Seminole Indians relinquish to the United States all claim to the land they at present occupy in the territory of Florida, and agree to emigrate to the country assigned to the Creeks west of the Mississippi river; it being understood that an additional extent of territory, proportioned to their numbers, will be added to the Creek country, and that the Seminoles will be received as a constituent part of the Creek nation, and be readmitted to all the privileges as a member of the same.

ART. 2. For and in consideration of the relinquishment of claim in the first article of this agreement, and in full compensation for all the improvements which may have been made on the lands thereby ceded, the United States stipulate to pay to the Seminole Indians, fifteen thousand four hundred (15,400) dollars, to be divided among the chiefs and warriors of the several towns, in a ratio, proportioned to their population, the respective proportions of each to be paid on their arrival in the country they consent to remove to; it being understood that their faithful interpreters, Abraham and Cudjo, shall receive two hundred dollars each of the above sum, in full remuneration for the improvements to be abandoned on the lands now cultivated by them.

ART. 3. The United States agree to distribute as they arrive at their new homes in the Creek territory, west of the Mississippi river, a blanket and a homespun frock to each of the warriors, women, and children, of the Seminole tribe of Indians.

ART. 4. The United States agree to extend the annuity for the support of a blacksmith, provided for in the sixth article of the treaty at Camp Moultrie for ten (10) years beyond the period therein stipulated; and in addition to the other annuities secured under that treaty, the United States agree to pay the sum of three thousand (3,000) dollars a year for fifteen (15) years, commencing after the removal of the whole tribe; these sums to be added to the Creek annuities, and the whole amount to be so divided, that the chiefs and warriors of the Seminole Indians may receive their

equitable proportion of the same as members of the Creek confederation.

ART. 5. The United States will take the cattle belonging to the Seminoles at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money to the respective owners, after their arrival at their new homes; or other cattle such as may be desired will be furnished them, notice being given through their agent of their wishes upon this subject before their removal, that time may be afforded to supply the demand.

ART. 6. The Seminoles being anxious to be relieved from repeated vexatious demands for slaves and other property, alleged to have been stolen and destroyed by them, so that they may remove unembarrassed to their new homes; the United States stipulate to have the same property investigated, and to liquidate such as may be satisfactorily established, provided the amount does not exceed seven thousand (7,000) dollars.

ART. 7. The Seminole Indians will remove within three (3) years after the ratification of this agreement, and the expenses of their removal shall be defrayed by the United States; and such subsistence shall also be furnished them, for a term not exceeding twelve (12) months after their arrival at their new residence, as in the opinion of the President their numbers and circumstances may require; the emigration to commence as early as practicable in the year eighteen hundred and thirty-three, (1833,) and with those Indians at present occupying the Big swamp, and other parts of the country beyond the limits as defined in the second article of the treaty concluded at Camp Moultriecreek, so that the whole of that proportion of the Seminoles may be removed within the year aforesaid, and the remainder of the tribe in about equal proportions, during the subsequent years of eighteen hundred and thirty-four and five, (1834 and 1335.)

In testimony whereof, the commissioner, James Gadsden, and the undersigned chiefs and head men of the Seminole Indians, have hereunto subscribed their names and affixed their seals. Done at camp at Payne's landing, on the Ocklawaha river in the territory of Florida, on this ninth day of May, one thousand eight hundred and thirty-two, and of the independence of the United States of America the fifty-sixth.

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