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In presence of A. L. Langham, Sec. to the Com. A. R. Woolly, Lieut. Col. U. S. A. J. Gantt, Capt. 6th Inf. John Gale, Surgeon U. S. Army. George C. Hut ter, Lieut. 6th Inf. M. W. Batman, Lieut. 6th Inf. G. H. Kennerly, U. S. S. Ind. Agt. Michael Burdeau, Interpreter. William Rodgers.
To the Indian names are subjoined a mark and seal.
ARTICLES OF A CONVENTION
Nov. 7, 1825. Proclamation, Dec. 30, 1825.
Made between William Clark, Superintendent of Indian Affairs,
and the undersigned Chiefs and Head Men of the Shawonee Nation of Indians, residing within the State of Missouri, duly authorized and empowered by said Nation, at the City of St. Louis, on the seventh day of November, in the year of our Lord one thousand eight hundred and twenty-five.
WHEREAS the Shawnee Indians were in possession of a tract of land near Cape Geredeau, in the State of Missouri, settled under a permission from the Spanish Government, given to the said Shawnees and Delawares by the Baron De Carondelet, on the fourth day of January, one thousand seven hundred and ninety-three, and recorded in the office of Recorder of Land Titles at St. Louis, containing about (25) twentyfive miles square, which said tract of land was abandoned by the Delawares, in the year 1815: and from which the said Shawnees, under an assurance of receiving other lands in exchange, did remove, after haring made valuable and lasting improvements on the same, which were taken possession of by the citizens of the United States: And it being the desire of the United States fully to indemnify said tribe for all losses and injuries sustained by them by reason of such removal — the following articles have been agreed upon, between WILLIAM CLARK, Superintendent of Indian Affairs, specially authorized on the one part, and the undersigned Delegates of the Shawnee tribe, residing within the State of Missouri, on the other part:
ARTICLE 1. The Shawnee tribe, do, hereby, cede and relinquish to the United States, all their claim, interest and title, to the lands on which they settled, near Cape Geredeau, under an authority of the Spanish government as aforesaid, situate, lying, and being between the River St. Come and Cape Geredeau, and bounded on the east by the Mississippi, and westwardly by White Water.
ARTICLE 2. It is further agreed by the contracting parties, that, in consideration of the cession aforesaid, the United States do, hereby, agree to give to the Shawnee tribe of Indians, within the State of Missouri for themselves and for those of the same nation, now residing in Ohio, who may hereafter emigrate to the west of the Mississippi, a tract of land equal to fifty (50) miles square, situated west of the State of Missouri, and within the purchase lately made from the Osages, by treaty bearing date the second day of June, one thousand eight hundred and twenty-five, and within the following boundaries : Commencing at a point (2) two miles north-west of the south-west corner of the State of Missouri; from thence, north, (25) twenty-five miles; thence, west, (100) one hundred miles; thence, south, (25) twenty-five miles; thence, east, (100) one hundred miles, to the place of beginning. But, whereas the said
Cession of land by the Shaw. nees.
U.S. to give a certain tract in exchange.
Shawnee tribe had valuable and lasting improvements within the tract of land hereby ceded, and moreover will have to incur expenses in their removal; it is further stipulated, that, for the purpose of rendering a fair Further stipu. equivalent for the losses and inconveniences which said tribe will sustain lation. by removal, and to enable them to obtain supplies in their new settlements, the United States agree to pay to the tribe emigrating from the lands herein ceded, the sum of fourteen thousand dollars, which amount shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty; five thousand dollars of which amount shall be furnished in domestic animals, implements of husbandry, and provisions, as soon as the said tribe remove upon the lands assigned them.
ARTICLE 3. It is further stipulated, that a deputation of the said parties of the A deputation second part may be sent to explore the lands assighned to them in the
to explore the
lands. .preceding article; and if the same be not acceptable to them, upon an examination of the same, which shall be had, and made known to the Superintendent of Indian affairs at St. Louis, on or before April next, who shall, in lieu thereof, assighn to them an equal quantity of land, to be selected on the Kansas River, and laid off either south or north of that river, and west of the boundary of Missouri, not reserved or ceded to any other tribe.
ARTICLE 4. It appearing that the Shawnee Indians have various claims against Payment of the citizens of the United States to a large amount, for spoliations of claims against various kinds, but which they have not been able to support by the testimony of white men; the United States, in order to a final settlement of all such claims, do hereby agree to pay to the Shawnee nation, the sum of (11,000) eleven thousand dollars, to be distributed by them in such way as may be deemed equitable; and to support and keep a blacksmith for their use on the lands hereby assighned, for the term of five years, or as long as the President may deem advisable; and it is further stipu- Tools,'&c. for lated, that the United States shall furnish for the use of the Shawnees, the use of a
, the tools necessary for the blacksmith's shop, and (300) three hundred blacksmith, to pounds of iron annually, to be furnished at the expense of the United States.
ARTICLE 5. The friendship heretofore existing between the United States and the Friendship reShawnee Nation, is, hereby, renewed and perpetuated.
ARTICLE 6. These articles shall take effect, and become obligatory on the con- Treaty obliga. tracting parties, so soon as the same shall be ratified by the President, tory when rati.
fied. by and with the advice and consent of the Senate of the United States.
In testimony whereof, the said William Clark, and the said Delegates
of the Shawnee Nation, have hereunto set their hands, at the City of St. Louis, the seventh day of November, one thousand eight hundred and twenty-five.
WITNESSES PRESENT:-A. M‘Nair, U. S. Indian Agent. R. Graham, U. S. Indian Agent. Pierre Menard, Sub-Indian Agent. John Campbell, Sub-Indian Agent. W. B. Alexander, Sub-Indian Agent. John F. A. Sandford. L. Vallé. John B. Saipy. Quatawapea, or Col. Lewis. Wysaosheka.
To the Indian names are subjoined a mark and seal.
ARTICLES OF A TREATY
Jan. 24, 1826. Proclamation, April 22, 1826.
Made at the City of Washington, this twenty-fourth day of Janu
ary, one thousand eight hundred and twenty-six, between James Barbour, Secretary of War, thereto specially authorised by the President of the United States, and the undersigned, Chiefs and Head Men of the Creek Nation of Indians, who have received full power from the said Nation to conclude and arrange all the matters herein provided for.
Whereas a treaty was concluded at the Indian Springs, on the twelfth day of February last, between Commissioners on the part of the United States, and a portion of the Creek Nation, by which an extensive district of country was ceded to the United States.
And whereas a great majority of the Chiefs and Warriors of the said Nation have protested against the execution of the said Treaty, and have represented that the same was signed on their part by persons having no sufficient authority to form treaties, or to make cessions, and that the stipulations in the said Treaty are, therefore, wholly void.
And whereas the United States are unwilling that difficulties should exist in the said Nation, which may eventually lead to an intestine war, and are still more unwilling that any cessions of land should be made to them, unless with the fair understanding and full assent of the Tribe making such cession, and for a just and adequate consideration, it being the policy of the United States, in all their intercourse with the Indians, to treat them justly and liberally, as becomes the relative situation of the parties.
Now, therefore, in order to remove the difficulties which have thus arisen, to satisfy the great body of the Creek Nation, and to reconcile the contending parties into which it is unhappily divided, the following articles have been agreed upon and concluded, between James Barbour, Secretary of War, specially authorised as aforesaid, and the said Chiefs and Head Men representing the Creek Nation of Indians :
ARTICLE 1. The Treaty concluded at the Indian Springs, on the twelfth day of February, one thousand eight hundred and twenty-five, between Commissioners on the part of the United States and the said Creek Nation of Indians, and ratified by the United States on the seventh day of March, one thousand eight hundred and twenty-five, is hereby declared to be null and void, to every intent and purpose whatsoever; and every right and claim arising from the same is hereby cancelled and surrendered.
ARTICLE 2. The Creek Nation of Indians cede to the United States all the land belonging to the said Nation in the State of Georgia, and lying on the east side of the middle of the Chatahoochie river. And, also, another
Treaty of In. dian Springs declared null and void.
Ante, p. 237.
Lands ceded o the U.S.
tract of land lying within the said State, and bounded as follows: Beginning at a point on the western bank of the said river, forty-seven miles below the point where the boundary line between the Creeks and Cherokees strikes the Chatahoochie river, near the Buzzard's Roost, measuring the said distance in a direct line, and not following the meanders of the said river; and from the point of beginning, running in a direct line to a point in the boundary line, between the said Creeks and the Cherokees, thirty miles west of the said Buzzard's Roost; thence to the Buzzard's Roost, and thence with the middle of the said river to the place of beginning.
ARTICLE 3. Immediately after the ratification of this Treaty, the United States Payment to agree to pay to the Chiefs of the said Nation the sum of two hundred said nation. and seventeen thousand six hundred dollars to be divided among the Chiefs and Warriors of the said Nation.
ARTICLE 4. The United States agree to pay to the said Nation an additional per Perpetual anpetual annuity of twenty thousand dollars.
nuity. ARTICLE 5. The difficulties which have arisen in the said nation, in consequence Difficulties to of the Treaty of the Indian Springs, shall be amicably adjusted, and be adjusted,&c. that portion of the Creek Nation who signed that treaty shall be admitted to all their privileges, as members of the Creek Nation, it being the earnest wish of the United States, without undertaking to decide upon the complaints of the respective parties, that all causes of dissatisfaction should be removed.
That portion of the Creek Nation, known as the friends and follow- A deputation ers of the late General William McIntosh, having intimated to the go- to examine the vernment of the United States their wish to remove west of the Missis
west of the Mis. sippi, it is hereby agreed, with their assent, that a deputation of five sissippi, &c. persons shall be sent by them, at the expense of the United States, immediately after the ratification of this treaty, to examine the Indian country west of the Mississippi, not within either of the States or Territories, and not possessed by the Choctaws or Cherokees. And the United States agree to purchase for them, if the same can be conveniently done upon reasonable terms, wherever they may select, a country, whose extent shall, in the opinion of the President, be proportioned to their numbers. And if such purchase cannot be thus made, it is then agreed that the selection shall be made where the President may think proper, just reference being had to the wishes of the emigrating party.
ARTICLE 7. The emigrating party shall remove within twenty-four months, and Emigrating the expense of their removal shall be defrayed by the United States. party to remove
within 24 And such subsistence shall also be furnished them, for a term not ex
months, &c. ceeding twelve months after their arrival at their new residence, as, in the opinion of the President, their numbers and circumstances may require.
ARTICLE 8. An agent, or sub-agent and Interpreter, shall be appointed to accom- An agent, &c. pany and reside with them. And a blacksmith and wheelwright shall to be appointed
to reside with be furnished by the United States. Such assistance shall also be ren
them. dered to them in their agricultural operations, as the President may think proper.
Presents to Indians.
ARTICLE 9. In consideration of the exertions used by the friends and followers of General McIntosh to procure a cession at the Indian Springs, and of their past difficulties and contemplated removal, the United States agree to present to the Chiefs of the party, to be divided among the Chiefs and Warriors, the sum of one hundred thousand dollars, if such party shall amount to three thousand persons, and in that proportion for any smaller number. Fisteen thousand dollars of this sum to be paid immediately after the ratification of this treaty, and the residue upon their arrival in the country west of the Mississippi.
Certain dam. ages to be as. certained, &c.
ARTICLE 10. It is agreed by the Creek Nation, that an agent shall be appointed by the President, to ascertain the damages sustained by the friends and followers of the late General McIntosh, in consequence of the difficulties growing out of the Treaty of the Indian Springs, as set forth in an agreement entered into with General Gaines, at the Broken Arrow, and which have been done contrary to the laws of the Creek Nation; and such damages shall be repaired by the said Nation, or the amount paid out of the annuity due to them.
ARTICLE 11. Commission.
All the improvements which add real value to any part of the land ers to value im- herein ceded shall be appraised by Commissioners, to be appointed by provements. the President; and the amount thus ascertained shall be paid to the
parties owning such improvements.
Possession of country ceded.
ARTICLE 12. Possession of the country herein ceded shall be yielded by the Creeks on or before the first day of January next.
Guarantee by U.S.
ARTICLE 13. The United States agree to guarantee to the Creeks all the country, not herein ceded, to which they have a just claim, and to make good to them any losses they may incur in consequence of the illegal conduct of any citizen of the United States within the Creek country.
Authority of the President.
ARTICLE 14. The President of the United States shall have authority to select, in some part of the Creek country, a tract of land, not exceeding two sections, where the necessary public buildings may be erected, and the persons attached to the agency may reside.
ARTICLE 15. Liberty grant
Wherever any stream, over which it may be necessary to establish ed the Creeks. ferries, forms the boundary of the Creek country, the Creek Indians
shall have the right of ferriage from their own land, and the citizens of the United States from the land to which the Indian title is extinguished.
ARTICLE 16. Commission The Creek Chiefs may appoint three Commissioners from their own ers to attend the people, who shall be allowed to attend the running of the lines west of running of the lines. the Chatahoochy river, and whose expenses, while
engaged in this duty, shall be defrayed by the United States.