Message To the Senate and House of Representatives of the United States.
IN the course of the last year the following treaties and conventions for the extinguishment of Indian title to lands within our limits, were entered into on behalf of the United States.
A treaty between the United States and the Wyandot, Ottawa, Chippawa, Munsee and Delaware, Shawanee and Poutewatamy nations of Indians.
A treaty between the United States and the agents of the Connecticut land companies on one part, and the Wyandot, Ottawa, Chippawa, Munsee, and Delaware, Shawanee and Poutewatamy nations of Indians.
A treaty between the United States and the Delawares, Poutewatamis, Miamis, Eelrivers and Weaws.
A treaty between the United States and the Chicka-saw nation of Indians.
Two treaties between the United States and the Cherokee Indians.
A convention between the United States and the Creek nation of Indians.
The Senate having advised and consented to the ratification of these several treaties and conventions, I now lay them before both houses of congress for the exercise of their constitutional powers as to the means of fulfilling them.
February 3, 1806.
Between the United States of America and the sachems, chiefs and warriors of the Wyandot, Ottawa, Chippawa, Munsee and Delaware, Shawanee and Pottawatima nations, holden at Fort Industry, on the Miami of the lake, on the fourth day of July, A. D. one thousand eight hundred and five.
THE said Indian nations do again acknowledge themselves, and all their tribes, to be in friendship with, and under the protection of the United States.
The boundary line between the United States and the nations aforesaid, shall, in future, be a meridian line drawn north and south, through a boundary to be erected on the south shore of lake Erie, one hundred and twenty miles due west of the west boundary line of the state of Pennsylvania, extending north until it intersects the boundary line of the United States, and extending south until it intersects a line heretofore established by the treaty of Grenville.
The Indian nations aforesaid, for the consideration of friendship to the United States, and the sums of money herein after mentioned, to be paid annually,
6to the Wyandot, Shawanee, Munsee and Delaware nations, have ceded, and do hereby cede and relinquish, to said United States, forever, all the lands belongings to the said United States, lying east of the aforesaid line, bounded southerly and easterly by the line established by said treaty of Grenville, and northerly by the northernmost part of the forty-first degree of north latitude.
The United States, to preserve harmony, manifest their liberality, and in consideration of the cession made in the preceding article, will, every year, forever, hereafter, at Detroit, or some other convenient place, pay and deliver, to the Wyandot, Munsee and Delaware nations, and those of the Shawanee and Seneca nations, who reside with the Wyandots, the sum of eight hundred and twenty-five dollars, current money of the United States, and the further sum of one hundred and seventy-five dollars, making in the whole and annuity of one thousand dollars, which last sum of one hundred and seventy-five dollars has been secured to the president, in trust for said nations, by the Connecticut Land Company, and by the company incorporated by the name of "The proprietors of the half million of acres of land lying south of lake Erie, called Sufferer's Land," payable, annually, as aforesaid, and to be divided between the said nations, from time to time, in such proportions as said nations, with the approbation of the president, shall agree.
To prevent all misunderstanding hereafter, it is expressly remembered, that the Ottaway and Chippawa nations, and such of the Pottawatima nation as reside on the river Huron of lake Erie, and in the neighborhood thereof, have received from the Connecticut Land Company, and the company incorporated by the name of "The proprietors of the half
7million acres of land lying south of lake Erie, called Sufferer's land," the sum of four thousand dollars in hand, and have secured to the president of the United States, in trust for them, the further sum of twelve thousand dollars, payable in six annual instalments, of two thousand each, which several sums is the full amount of their proportion of the purchases effected by this treaty, and also by a treaty with said companies, bearing even date herewith, which proportions were agreed on and concluded by the whole of said nations, in their general council; which several sums, together with two thousand nine hundred and sixteen dollars and sixty-seven cents secured to the president to raise said sum of one hundred and seventy-five dollars annuity, as aforesaid, is the amount of the consideration paid by the agents of the Connecticut Reserve, for the cession of their lands.
The said Indian nations, parties to this treaty, shall be at liberty to fish and hunt within the territory and lands which they have now ceded to the United States, so long as they shall demean themselves peaceably.
In witness whereof, CHARLES JOUETT, esquire, a commissioner on the part of the United States, and the sachems, chiefs and warriors of the Indian nations aforesaid, have hereto set their hands and seals.
(Signed) CHARLES JOUETT, (s.)
[Here follows the signatures of thirty-three Indians, sachems, chiefs and warriors of the above mentioned tribes.]
In presence of
(Signed)WM. DEAN, C. F. L. C.
J. B. MOWNER, &c:
Between the United States of America, and the sachems, chiefs and warriors, of the Wyandot, Ottawa, Chippawa, Munsee and Delaware, Shawanee and Pottawatima nations, holden at fort Industry on the Miami of the lake, on the fourth day of July, Anno Domini, one thousand eight hundred and five.
WHEREAS, THOMAS JEFFERSON, president of the United States, did appoint Charles Jouett, esq. a commissioner, to hold a treaty with said Indian nations, for the purpose of enabling the agents of the Connecticut Reserve, to negotiate and conclude a cession of their lands. And whereas, the company incorporated by the name of "The proprietors of the half million acres of land lying south of lake Erie, called Sufferers land," are the owners and proprietors of one half million acres of land, part of said Connecticut Reserve, lying on the west end thereof, and south of the shore of lake Erie. And whereas, the Connecticut land company, so called, are the owners and proprietors of the remaining part of said Reserve lying west of the river Cayanoga.
And whereas, Henery Champion, esquire, agent of the said Connecticut land company, and Isaac Mills, esquire, agent of the directors of the company, incorporated by the name of "the proprietors of the lake half million acres of land lying south of lake Erie, called Sufferers land," were both duly authorized and empowered, by their respective companies, and the directors thereof, to treat for the cession and purchase of said Connecticut Reserve.
Now know all men, by these presents, That we the sachems, chiefs, and warriors, of the nations aforesaid, for the consideration of eighteen thousand nine hundred sixteen dollars, sixty-seven cents, received
9of the companies aforesaid, by the hands of their respective agents, to our full satisfaction have ceded, remised, pleased, and quit-claimed, and I by these presents do cede, remise, release, and forever quit claim, to the companies aforesaid, and the individuals composing the same, and their heirs and assigns, forever, all the interest, right, title, and claim of title of said Indian nations, respectively, of, in, and to, all the lands of said companies, lying west of the river Cayahoga, and the portage between that and the Tuscarawa branch of Muskingum, north of the northern-most part of the forty-first degree of north latitude, east of a line agreed and designated in a treaty between the United States, and said Indian nations, bearing even date herewith, being a line north and south, one hundred and twenty miles due west of the west line of the state of Pennsylvania, and south of the northernmost part of the forty-second degree and two minutes north latitude, for them the said companies, respectively, to have, hold, occupy, peaceably possess and enjoy, the granted and quit claimed premises, forever, free, and clear of all let, hindrance or molestation whatsoever; so that said nations, and neither of them; the sachems, chiefs and warriors thereof, and neither of them, or any of the posterity of said nations, respectively, shall ever hereafter make any claim to the quit claimed premises, or any part thereof, but therefrom said nations, the sachems, chiefs and warriors thereof, and the posterity of said nations, shall be forever barred.
In witness whereof, the commissioner of the United States, the agents of the companies aforesaid, and the sachems, chiefs and warriors of the respective Indian nations aforesaid, have herunto interchangeably fixed their seals and set their names.
Nekik, or little Otter,
Hawachewan, or Eddy.
Mechemenduck, or Big Bowl.
Tusquagan, or McCarty.
Tondawganie, or the Dog.
And 23 others.
In presence of
J. B. Moner,
Between the United States of America, and the tribes of Indians called the Delawares, Potawatamies, Miamies, Eel river, and Weaws.
Articles of a treaty made and entered into at Grouseland, near Vincennes, in the Indiana territory, by and between William Henry Harrison, governor of said territory, superintendent of Indian affairs, and commissioner plenipotentiary of the United States for treating with the North-western tribes of Indians, of the one part; and the tribes of Indians
11called the Delawares, Potawatamies, Miamies, Eel river, and Weaws, jointly, and severally, by their chiefs and head men of the other part.
Whereas by the fourth article of the treaty made between the United States and the Delaware tribe, on the 18th day of August, 1804, the said United States engaged to consider the said Delawares as the proprietor of all that tract of country which is bounded by the White river, on the north, the Ohio and Clark's grant on the south, the general boundary line running from the mouth of Kentucky river, on the east, and the tract ceded by the treaty of Fort Wayne and the road leading to Clark's grant, on the west and south-west: and whereas the Miami tribe, from whom the Delawares derived their claim, contend that in their session of said tract to the Delawares, it was never their intention to convey to them the right of the soil, but to suffer them to occupy it as long as they thought proper, the said Delawares have, for the sake of peace and good neighborhood, determined to relinquish their claim to the said tract, and do, by these presents, release the United States from the guarantee made in the before mentioned article of the treaty of August, eighteen hundred and four.
The said Miami, Eel river, and Weaw tribes cede and relinquish to the United States forever, all that tract of country which lies to the south of a line to be drawn from the north-east corner of the tract ceded by the treaty of Fort Wayne, so as to strike the general boundary line running from a point opposite to the mouth of the Kentucky river, to Fort Recovery, at the distance of fifty miles from its commencement, on the Ohio river.
In consideration of the cession made in the preceding article, the United States will give an additional permanent annuity to the said Miamis, Eel river, and Weaw tribes, in the following proportions, viz. to the Miamis, six hundred dollars; to the Eel river tribe, two hundred and fifty dollars; to the Potawatamies and additional annuity of five hundred dollars, for ten years, and no longer; which together with sum of four thousand dollars, which is now delivered, the receipt whereof they do hereby acknowledge, is to be considered as a full compensation: for the land now ceded.
As the tribes which are now called the Miamies, Eel river, and Weaws, were formerly and still consider themselves as one nation, and as they have determined that neither of those tribes shall dispose of any part of the country which they hold in common, in order to quite their minds on that head, the United States do hereby engage to consider them as joint owners of all the country on the Wabash and its waters above the Vincennes tract, and which has not been ceded to the United States by this, or any former treaty; and they do further engage, that they will not purchase any part of the said country without the consent of each of the said tribes. Provided always, that nothing in this section contained, shall, in any manner, weaken or destroy any claim which the Kickapoos, who are not represented at this treaty, may have to the country they now occupy, on the Vermillion river.
The Potawatamies, Miami, Eel river, and Weaw tribes, explicitly acknowledge the right of the Delawares to sell the tract of land conveyed to the
13United States by the treaty of the 18th day of August, 1804, which tract was given by the Plankashaws to the Delawares about thirty-seven years ago.
The annuities herein stipulated to be paid by the United States, shall be delivered in the same manner, and under the same conditions as those which the said tribes have heretofore received.
This treaty shall be in force, and obligatory on the contracting parties as soon as the same shall have been ratified by the president, by and with the advice and consent of the senate of the United States.
In testimony whereof, the said commissioner plenipotentiary of the United States, and the sachems, chiefs, and head men of the said tribes, have hereunto set their hands and affixed their seals. Done at Grouseland, near Vincennes, on the twenty-first day of August, in the year eighteen hundred and five, and of the independence of the United States the thirtieth.
B. Parke, Secretary to the commissioner.
Samuel G. Wathmey,
It is the intention of the contracting parties, that the boundary line herein directed to be run from the north-east corner of the Vincennes tract, to the boundary line running from the mouth of the Kentucky river, shall not cross the Embarras, or Drift Wood Fork of White river, but if it should strike the said fork, such an alteration in the direction of the said line is to be made as will leave the whole of the said fork in the Indian territory.
A TREATY between the United States, and the Chickasaw nation of Indians.
Articles of arrangement made and concluded in the Chickasaw country between James Robertson and Silas Dinsmoor, commissioners of the United States of the one part, end the mingo, chiefs and warriors of the Chickasaw nation of Indians of the other part.
Whereas the Chickasaw nation of Indians have been for some time embarrassed by heavy debts due to their merchants and traders, and being destitute of funds to effect important improvements in their country, they have agreed and do hereby agree to cede to the United States, and forever quit claim to the tract of country included within the following bounds, to wit: Beginning on the left bank of Ohio, at the point where the present Indian boundary adjoins the same, thence down the left bank of the Ohio to the Tennessee river, thence up the main channel of the Tennesse river to the mouth of Duck river; thence up the left bank of Duck river to the Columbian highway or road leading from Nashville to Natchez, thence along the said road to the ridge dividing the waters running into duck river from those running into Buffaloe river, thence eastwardly along the said ridge to the great ridge dividing the waters running into the main Tennessee river, from thence running into Buffaloe river near the main source of Buffaloe river, thence in a direct line to the great Tennessee river near the Chickasaw old fields or eastern point of the Chickasaw claim on that river, thence northwardly to the great ridge dividing the waters running into the Tennessee from those running into the Cumberland river, so as to include all the waters running into Elk river, thence along the top of the said great ridge to the place of beginning: reserving a tract of one mile square adjoining to and
17below the mouth of Duck river, on the Tennessee, for the use of the chief O'Koy or Lishumastubbee.
The United States on their part, and in consideration of the above cession, agree to make the following payments, to wit: Twenty thousand dollars for the use of the nation at large, and for the payment of the debts due to their merchants and traders; and to George Colbert and O'Koy two thousand dollars, that is, to each, one thousand dollars; this sum is granted to them at the request of the national council for services rendered their nation, and it is to be subjected to their individual order, witnessed by the resident agent; also to Chinubbe Mingo, the king of the nation, an annuity of one hundred dollars, during his natural life, granted as a testimony of his personal worth and friendly disposition. All the above payments are to be made in specie.
In order to preclude forever all disputes relative to the boundary mentioned in the first section; it is hereby stipulated, that the same shall be ascertained and marked by a commissioner or commissioners on the part of the United States, accompanied by such person as the Chickasaws may choose, so soon as the Chickasaws shall have thirty days notice of the time and place, at which the operation is to commence, and the United States will pay the person appointed on the part of the Chickasaws, two dollars per day during his actual attendance on that service.
It is hereby agreed on the part of the United States, that from and after the ratification of these articles, no settlement shall be made by any citizen, or permitted by the government of the United States, on that part of the present cession included between the present
18Indian boundary and the Tennessee, and between the Ohio and a line drawn due north from the mouth of Buffaloe to the ridge dividing the waters of Cumberland from those of the Tennessee river, to the term of three years.
The articles now stipulated will be considered as permanent additions to the treaties now in force between the contracting parties, as soon as they 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 said United States.
In witness of all and every thing herein determined, the parties have hereunto interchangeably set their hands and seals, in the Chickasaw country, this twenty-third day of July, A. D. 1805, and of the independence of the United States of America, the thirtieth.
James Robertson, (L.S.)
Silas Dinsmoor, (L.S.)
Chinubbee Mingo, the king. X (l. s.)
George Colbert, X (l. s.)
O'Koy, or Tiphu Mastubbe, X (l. s.)
Choomubbee X (l. s.)
Mingo Mattaha X (l. s.)
E. Mattaha Meko, X (l. s.)
Wm. M'Gillivry, X (l. s.)
Tisshoo Hooluhtea, X (l. s.)
Levy Colbert, X (l. s.)
Signed, scaled and interchanged in presence of
Thomas A. Claiborne, Secretary
to the Commissioners.
Sam. Mitchell, U. S. client to the
R. Chamberlin, 2d lt. 2d regt. infantry.
Wm. P. Anderson, of T.
Articles of a treaty agreed upon between the United States of America, by their commissioners, Return J. Meigs and Daniel Smith, appointed to hold conferences with the Cherokee Indians, for the purpose of arranging certain interesting matters with the said Cherokees, of the one part; and the undersigned chiefs and headmen of the said nation, of the other part.
All former treaties which provide for the maintenance of peace, and preventing of crimes, are on this occasion recognized, and continued in force.
The Cherokees quit claim, and cede to the United States, all the land which they have heretofore claimed, lying to the north of the following boundary
20line: Beginning at the mouth of Duck river, running thence up the main stream of the same to the junction of the fork, at the head of which fort Nash stood, with the main south fork; thence a direct course to a point on the Tennesse river bank, opposite the mouth of Hiwassa river, [if the line from Hiwassa should lean on Field's settlement, it is to be marked round his improvement, and then continued the straight course]; thence up the middle of the Tennessee river (but leaving all the islands to the Cherokees) to the mouth of Clinch river; thence up the Clinch river to the former boundary line agreed upon with the said Cherokees, reserving at the same time to the use of the Cherokees, a small tract lying at and below the mouth of Clinch river; from the mouth extending thence down the Tennessee river from the mouth of Clinch to a notable rock on the north bank of the Tennessee, in view from south-west point; thence a course at right angles with the river to the Cumberland road; thence eastwardly along the same to the bank of Clinch river (so as to secure the ferrylanding to the Cherokees up to the first hill) and down the same to the mouth thereof, together with two other sections of one square mile each, one of which is at the foot of Cumberland mountain, at and near the place where the turnpike-gate now stands, the other on the north bank of the Tennessee river where the Cherokee Taloosiske now lives. And whereas, from the present cession made by the Cherokees, and other circumstances, the site of the garrisons at south-west point and Tellico are become not the most convenient and suitable places for the accommodation of the said Indians, it may become expedient to remove the said garrisons and factory to some more suitable place, three other square miles are reserved for the particular disposal of the United States, on the north bank of the Tennessee, opposite to and below the mouth of Hiwassa.
In consideration of the above cession and relinquishment, the United States agree to pay immediately three thousand dollars in valuable merchandise, and eleven thousand dollars within ninety days after the ratification of this treaty; and also, an annuity of three thousand dollars, the commencement of which is this day. But so much of the said eleven thousand dollars as the said Cherokees may agree to accept in useful articles of, and machines for agriculture and manufactures, shall be paid in those articles, at their option.
The citizens of the United States shall have the free and unmolested use and enjoyment of the two following described roads, in addition to those which are at present established through their country: one to proceed from some convenient place near the head of Stone's river, and fall into the Georgia road at a suitable place towards the southern frontier of the Cherokees; the other to proceed from the neighbourhood of Franklin, on Bigharpath, and crossing the Tennessee at or near the Muscle Shoals, to pursue the nearest and best way to the settlements on the Tombigbee. These roads shall be viewed and marked out by men appointed on each side for that purpose, in order that they may be directed the nearest and best ways; and the time of doing the business the Cherokees shall be duly notified.
This treaty shall take effect and be obligatory on the contracting parties as soon as it is ratified by the president of the United States, by and with the advice and consent of the senate of the same.
In testimony whereof the said commissioners and the undersigned chiefs and headmen of
the Cherokees have hereunto set their hands and seals.
Done at Tellico, the twenty-fifth day of October, one thousand eight hundred and five.
[A reserve being made in the margin of the first column to Dick Fields, for his improvement, and two interlineations being first made, (in the originals.)]
Fox, or En-no-lee his X mark. (l. s.)
Path Killer, or Ne-no-hutta-he X (l. s.)
Glass, or Tau-qua-te-hu X (l. s.)
Double Head, or Chuqualutonge X (l. s.)
Dick Justice X (l. s.)
Toun hull, or Too-may-eh X (l. s.)
Turtle Athome, or Sul-li-wo-ahwola X (l. s.)
Che-na-we X (l. s.)
Slave boy, or Co-saw-na lee X (l. s.)
Tallo tiskee X (l. s.)
Brown, or Cun-na-we-so-kee X (l. s.)
John Greenwood, or Saur musk X (l. s.)
Chu-li-o ah X (l. s.)
Kati-gi-sku X (l. s.)
Wm. Sawry, or Esko Cutakee X (l. s.)
Tao-cha-lar X (l. s.)
Jas. Davis, or Coa-wa-sa-liske X (l. s.)
John Jolly, or Eu-la-ta-kee X (l. s.)
Bark, or Eu Cloo-ka X (l. s.)
John M'Lemore, or John Eu Skulucare X (l. s.)
Big Bear, or Yo-nahaqua sa tu X (l. s.)
Dreadfulmatter, or Aumau-do Shau X (l. s.)
Chal-lau Git-tihee X (l. s.)
Calliliskee, or Knife Sheub X (l. s.)
Clo-see-nu X (l. s.)
Challow, or King Fisher X (l. s.)
John Watts, jun. his X mark. (l. s.)
Sharp Arrow, or Co-slar-auh X (l. s.)
John Dougherty, or Long John X (l. s.)
Tuc-ha-see, or Tarrippin X (l. s.)
Tu-ske-gittihue, or Long Fellow X (l. s.)
Tochumor, or Red Bird X (l. s.)
Ka-ti-hee, or Bagderson. X (l. s.)
Robert Purdy, Se'cry to the commissioners.
W. Yates, Lt. Arts.
Wm. Lovely, assist. agent.
Nichs. Byers, U. States factor.
G. W. Campbell.
John Smith, T.
Thomas N. Clark.
Chs. Hicks, Interpreter.
Articles of a treaty between the United States of America, by their commissioners return Jonathan Meigs and Daniel Smith, who are appointed to hold conferences with the Cherokees for the purpose of arranging certain interesting matters with the said Indian, of the one part, and the undersigned chiefs and headmen of the Cherokees of the other part.
Whereas it has been represented by the one party to the other, that the section of land on which the garrison of South West 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
24desired 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.
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.
In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians, sixteen hundred dollars in money or useful merchandise, at their option, within ninety days after the ratification of this treaty.
This treaty shall be obligatory between the contracting parties as soon as it is ratified by the president, by and with the advice and consent of the senate of the United States.
In testimony whereof, the said commissioners and the undersigned chiefs and headmen 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.
Black Fox, or Ennobe. his X mark (s.)
The Glass, or Tue Quatikee. X (s.)
Kutiyeskee. X (s.)
Toochalar. X (s.)
Turtle at home, or Sullico-kee-wolar. X (s.)
Dick Justice. X (s.)
John Grunwood, or Eukosittas. X (s.)
Chulevoah, or Gentleman Tom. X (s.)
Broom, or Can-nar-so-skee. X (s.)
Bald Hunter, or Too-wa-zub-law. X (s.)
John Melomore, or Eus-qual-loo-ka. X (s.)
Closenu, or Creeping. X (s.)
Double Head, or Chu-qua-luttague. X (s.)
Chickasawtikee, or Chickasawtiue-keller. X (s.)
Robert Purdy, Secretary to the
Wm. Yates, jun.
Nicholas Byers, U. S. Factor.
Wm. L. Lovell, Assistant Agent.
Ch. Hicks, Interpreter.
Between the United States, and the Creek nation of Indians, concluded at the city of Washington, on the fourteenth day of November, Anno Domini, 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 Harijo, William M'lntosh, Tuskenehau Chapeco Tuskenehau, Enehau Thlucco, Checopeheke, Emantlau, chiefs and headmen of the Creek nation of Indians, duly authorized and empowered by said nation.
The aforesaid chiefs and headmen, 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 herein after 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 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
27the boundary to continue from the mouth of the Ulcofauhatche, by the waters 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 parrallel 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 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 seins may be used, which shall be drawn to the eastern shore only.
It is hereby stipulated and agreed, on the part of the Creek nation, that the government of the United
28States, 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, colonel Hawkins, or his successor in office, or as is usual among white people.
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
29shall be made at the reserved tract on the old Ocmulgee fields.
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.
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 (s.)
Oche Haujo X (s.)
William M'lntosh (s.)
Tuskenchaw Chapco X (s.)
Tuskenchaw X (s.)
Enehau Thlucco X (s.)
Chekopeheko Emantlan X (s.)
Signed and sealed in presence of
The foregoing articles have been faithfully interpreted.
TIMOTHY BARNARD, Interpreter.