near neighbors and brothers, the Cherokees, but with all the surrounding tribes of Indians. Art 2. The United States hereby agrees, by and with the consent of the Creek and Cherokee delegates, this day obtained, that the Muskogee, or Creek country west of the Mississippi, shall be embraced with the following boundaries, viz: Beginning at the mouth of the north fork of the Canadian river, and run northerly four miles; thence running a straight line so as to meet a line drawn from the south bank of the Arkansas river opposite to the east or lower bank of Grand river at its junction with the Arkansas, and which runs a course south, 44 Deg. west, one mile to a post placed in the ground; thence along said line to the Arkansas, and thence along same and up to the Verdigris river, to where the old Territorial line crosses it; thence running a line at right angles with the Territorial line aforesaid, or west to the Mexico line; thence along the said line southerly to the Canadian river or to the boundary of the Choctaw country; thence down said river to the place of beginning. The lines, hereby defining the country of the Muskogee Indians on the north and east, bound the country of the Cherokees along these courses, as settled by the treaty concluded this day between the United States and that tribe. Art. 3. And the United States will grant a patent in fee simple, to the Creek Nation of Indians for the land assigned said Nation by this treaty or convention, whenever the same shall have been ratified by the President and Senate of the United States; and the right thus guaranteed by the United States shall be continued to said tribe of Indians so long as they shall exist as a Nation, and continue to occupy the country hereby assigned to them. Art. 4. It is hereby mutually understood and agreed between the parties to this treaty, that the land assigned to the Muskogee Indians, by the second article thereof, shall be taken and considered as the property of the whole Muskogee or Creek Nation, as well as those now residing upon the land, as the great body of the said Nation who still remain on the East side of the Mississippi; and it is also understood and agreed that the Seminole Indians of Florida, whose removal to this country is provided for by their treaty with the United States, dated May 9th, 1832, shall also have a permanent and comfortable home on the lands hereby set apart as the country of the Creek Nation; and they (The Seminoles) will hereafter be considered a constitutent part of said Nation, but are to be located on some part of the Creek country by themselves; which location will be selected for them by the commissioners, who have signed these articles of agreement or convention. Art. 5. As an evidence of the kind feelings of the United States toward the Muskogee Indians, and as a testimonial of the gratification with the amicable and satisfactory adjustment of their difficulties with the Cherokees, experienced by the commissioners they agree, on behalf of the United States, to furnish to the Creek Indians west of the Mississippi, one blacksmith and one wheelwright or wagonmaker, as soon as they may be required by the Nation, in addition to those already employed; also to erect shops and furnish tools for the same, and supply the smith shops with one ton of iron, and two hundred and fifty pounds of steel each; and allow the said Creek Indians, annually, for educational purposes, the sum of One Thousand Dollars, to be expended under the direction of the President of the United States; the whole of the above grants to be continued so long as the President may consider them conducive to the interest and welfare of the Creek Indians; and the United States will also cause to be erected as soon as conveniently can be done, four patent railway mills for grinding corn, and will immediately purchase for them twenty-four cross-cut saws. It being distinctly understood, however, that the grants thus made to the Creek Indians by this article, are intended solely for the use and benefit of that portion of the Creek Nation, who are now settled west of the Mississippi. Art. 6. The United States agrees that the improvements which the Creek Indians may be required to leave, in consequence of the boundary line this day settled, between their people and the Cherokees, shall be valued with as little delay as possible, and a fair and reasonable price paid for same by the United States. Art. 7. It is hereby agreed by the Creek Nation, parties hereto, that if the saline or salt plains on the Great Western Prairies should come within the boundaries defined by this agreement, as the country of the Creek Nation, then, and in that case the President of the United States shall have power to permit other friendly Indian Tribes to visit said salt plains, and procure thereon, and carry away, salt sufficient for their subsistence, without hindrance or molestation from the said Creek Indians. Art. 8. It is agreed by the parties to this convention, that the country hereby provided for the Creek Indians, shall be taken in lieu of, and considered to be the country provided or intended to be provided, by the treaty made between the United States and the Creek Nation on the 24th day of January, 1826, under which they removed to this country. Art. 9. This agreement shall be binding and obligatory upon the contracting parties, as soon as the same shall be ratified and confirmed by the President and Senate of the United States. Done in open Council at Fort Gibson, this 14th, day of February, A. D., One Thousand Eight Hundred and Thirty-three. Montfort Stokes. Henry L. Ellsworth. J. F. Shermerhorn. Roly McIntosh, his X mark. Fuss-Hatchie Micoe, his X mark. Benj. Perryman, his X mark. Hospottock Harjoe, his X mark. Cowo-coogee Maltha, his X mark. Holthimotty Tustonnucky, his X mark. Signed sealed and delivered in our presence: S. C. Sambaugh, Secretary to Commissioners Jno. Campbell, Agent Cherokees. Geo. Vashon, Agt. Cherokees West. N. Young, Major U. S. Army. Wilson Nesbit. W. Seawell, Lieut. 7th Infantry. Peter A. Carns. Jno. Hambly, Interpreter. Alex Brown, his X mark, Cherokee Interpre ter. THE UNITED STATES OF AMERICA. To All Who Shall See These Presents, Greeting; WHEREAS, A treaty was made and concluded on the Fourteenth day of February, in the year of Our Lord, Eighteen Hundred and Thirtythree, in the words following, to-wit: Art. 2d. The United States hereby agrees with the consent of the Creek and Cherokee delegates, this day obtained, that the Muskogee or Creek country west of the Mississippi shall be embraced within the following boundaries, viz: Beginning at the mouth of the north fork of the Canadian river and run northerly four miles, thence running a straight line so as to meet a line drawn from the South bank of the Arkansas river opposite to the east or lower bank of Grand river at its junction with the Arkansas, and which runs a course south 44 degrees, west one mile, to a post placed in the ground, thence along said line to the Arkansas, and up the same and the Verdigris river to where the old Territorial line crosses it, thence along said line north to a point twentyfive miles from the Arkansas river where the old Territorial line crosses the same; thence running at right angles with the Territorial line aforesaid, or west. to the Mexico line; thence along the said line southerly to the Canadian river; or to the boundary of the Choctaw country; thence down said river to the place of beginning. The lines hereby defining the country of the Muskogee Indians on the north and east bound the country of the Cherokees along these courses as settled by the treaty concluded this day between the United States and that tribe. Art. 3d. The United States will grant a patent in fee simple to the Creek Nation for the land assigned said Nation by this treatry or convention, whenever the same shall have been ratified by the President and the Senate of the United States; and the right thus granted by the United States shall be continued to said tribe of Indians so long as they shall exist as a Nation and continue to occupy the country hereby assigned to them. Art. 4th. It is hereby mutually understood and agreed between the parties to this treaty that the land assigned to the Muskogee Indians by the second article thereof, shall be taken and considered as the property of the whole Muskogee or Creek Nation, as well as those now residing upon the land as of the great body of said Nation who still remain on the east side of the Mississippi; and it is understood and agreed that the Seminole Indians of Florida, whose removal to this country is provided by their treaty with the United States dated May 9th, 1832, shall also have a permanent and comfortable home on the lands hereby set apart as the Country of the Creek Nation; and they, the Seminoles, will hereafter be considered a constitutent part of said Nation, but are to be located on some part of the Creek country by themselves, which location will be selected for them by the commissioners who have signed' these articles of agreement or convention." Now, know ye, that the United States of America in consideration of the promises and in conformity with the above recited provisions of the treaty aforesaid have given and granted, and by these presents do give and grant unto the said Muskogee or Creek Tribe of Indians the Tract of country above described. To have and to hold the same unto the said Tribe of Indians so long as they shall exist as a Nation and continue to occupy the country hereby assigned to them. In testimony whereof, I Millard Fillmore, President of the United States of America have caused these letters to be made patent and the seal of the Department of the Interior to be hereto affixed. Given under my hand at the City of Washington the Eleventh Day of August in the Year of Our Lord One Thousand Eight Hundred and Fifty-two and of the Independence of the United States the Seventyseventh. MILLARD FILLMORE. By the President. ALEXANDER H. H. STUART, Secretary Department of the Interior. PHILLIP H. RAIFORD, United States Agent for the Creek Indians. Engrossed from the original draft sent to this office by the Commissioner of Indian Affairs. Bureau of the Corps of the Topographical Engineers, August 7th, 1852. JOHN I. ABEST. Col. Corps of Engineers. CHEROKEE TREATY Concluded February 14, 1833-Ratified April 12, 1834. SUMMARY. Preamble. Art. I. Fixing Boundaries. Art. II. Art. III. Cherokees Cede and Relinquish Certain Lands. Cancel Art. VI. Treaty 1828-U. S. agrees to Furnish Surveyor, Etc. Art. IV. United States Agrees to Supply Cherokees Corn Mills and Tools. Art. V. Art. VI. Confirms Certain Rights. Cherokees Grant Land for Indian Agency. Art. VII. Treaty to be Ratified by President and Senate. Articles of agreement and convention made and concluded at Fort Gibson, on the Arkansas river on the 14th day of February, One Thousand Eight Hundred and Thirty-three, by and between Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn, duly appointed commissioners on the part of the United States and the undersigned chiefs and head men of the Cherokee Nation of Indians west of the Mississippi, they being duly authorized and empowered by their Nation, Whereas, articles of convention were concluded at the City of Washington, on the sixth day of May, One Thousand Eight Hundred and Twenty-eight, between James Barbour, Secretary of War, being specially authorized therefor by the President of the United States, and the chiefs and head men of the Cherokee Nation of Indians west of the Mississippi, which articles of convention were duly ratified. And, whereas, it was agreed by the second article of said convention as follows: That the United States agrees to possess the Cherokees, and to guarantee it to them forever, and that guarantee is solemnly pledged, of seven millions of acres said land to be bounded as follows, viz: Commencing on a point on Arkansas river, where the Eastern Choctaw boundary line strikes said river, and running thence with the western line of Arkansas Territory to the southwest corner of Missouri, and thence with the western boundary line of Missouri till it crosses the waters of Neosho, generally called Grand river, thence due west, to a point from which a due south course will strike the present northwest corner of Arkansas Territory, thence continuing due south and with the present boundary line on the west of said Territory, to the main branch of the Arkansas river, thence down said river to its junction with the Canadian, and thence up, and between said rivers, Arkansas and Canadian, to a point at which a line running north and south, from river to river, will give the aforesaid seven millions of acres, thus provided for and bounded. The United States further guarantees to the Cherokee Nation a perpetual outlet west, and a free and unmolested use of all country lying west of the western boundary of the above described limits; and as far west as the |