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CREEK TREATY OF 1833 at FORT GIBSON

Signed at Fort Gibson, 14 Feb 1833

Articles of agreement and convention, made and concluded at Fort Gibson,
between Montfort Stokes, Henry L. Ellsworth and John F. Schermerhorn,
Commissioners on the part of the United States, and the undersigned Chiefs
and Head-men of the Muskogee or Creek nation of Indians, this 14th day of
February, A.D. 1833. /A/

WHEREAS, certain articles of a treaty were concluded at the City of
Washington, on the 24th day of January one thousand eight hundred and
twenty-six, by and between James Barbour, Secretary of War, on behalf of
the United States, and the Chiefs and head-men of the Creek nation of
Indians; by which it is agreed that the said Indians shall remove to a
country west of the Mississippi river: and whereas the sixth article of
said treaty provides as follows: - - "that a deputation of five persons
shall be sent by them, (the Creek nation) at the expense of the United
States, immediately after the ratification of the treaty, to examine the
country west of the Mississippi, not within the limits 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 conveniently be 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 can not 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 /B/ emigrating party." And
whereas, the Creek Indians aforesaid, did send five persons as delegates,
to explore the country pointed out to them by their treaty; which delegates
selected a country west of the Territory of arkansas, lying and being along
and between the Verdigris, Arkansas, and Canadian rivers: and to the
country thus selected, a party of the Creek Indians emigrated the following
year. And whereas certain articles of treaty or convention, were concluded
at the city of Washington on the 6th day of May, A.D. one thousand eight
hundred and twenty-eight, by and between James Barbour Secretary of War, on
behalf of the United States, and certain chiefs and head-men of the
Cherokee nation of Indians; by the second article of which convention, a
country was assigned to the Cherokee Indians aforesaid, including within
its boundaries some of the lands previously selected and claimed by the
Creek Indians, under their treaty aforesaid. And whereas, the President and
Senate of the United States, for the purpose of protecting the rights
secured to the Creek Indians, by their treaty stipulations, and with a view
to prevent collison and misunderstanding between the two nations, ratified
and confirmed the Cherokee treaty, on the 28th day of May, 1828, with the
following proviso: viz. - - "Provided, nevertheless, that the said
convention shall not be so construed as to extend the northern boundary of
the perpetual outlet west, provided for and guarranteed in the second
article of said convention, north of the 36th deg. of north latitude, or so
as to interfere with the lands assigned, or to be assigned, west of the
Mississippi river to the Creek Indians, who have emigrated or may emigrate
from the States of Georgia and Alabama, under the provisions of any treaty
or treaties heretofore concluded between the United States and the Creek
tribe of Indians: And provided further, that nothing in the said convention
shall be construed to cede or assign to the Cherokees any lands heretofore
ceded or assigned to any tribe or tribes of Indians, by any treaty now
existing and in force, with any such tribe or tribes." And whereas the said
proviso and ratification of the Cherokee treaty, was accepted by the
delegates of the nation, then at the City of Washington as satisfactory to
them, as is shown in and by their certain instrument in writing, bearing
date the 31st day of May 1828, appended to and published with their treaty
aforesaid. But, afterwards, the Cherokees of Arkansas and many of those
residing east of the Mississippi at the time that treaty was concluded,
removed to the country described in the second article of their treaty and
settled upon a certain portion of the land claimed by the Creek Indians
under their treaty provisions and stipulations. And whereas difficulties
and dissentions thus arose between the Cherokees and Creek tribes about
their boundary lines, which occasioned an appeal to the President of the
United States for his interposition, and final settlement of the question,
which they were unable to settle between themselves. And whereas the
commissioners of the United States, whose names are signed hereto, in
pursuance of the power and authority vested in them by the President of the
United States, met the chiefs and head-men of the Cherokee and Creek
nations of Indians, in council, on the 29th ultimo; and after a full and
patient hearing and careful examination of all the claims, set up and
brought forward by both the contending parties, they have this day effected
an adjustment of all their difficulties, and have succeeded in defining and
establishing boundary lines to their country west of the Mississippi, which
have been acknowledged, in open council, this day, to be mutually
satisfactory to both nations. /C/

Now, therefore, for the purpose of securing the great objects contemplated
by an amicable settlement of the difficulties heretofore existing between
the Cherokee and Muskogee or Creek Indians, so injurious to both parties;
and in order to establish boundary lines which will secure a country and
permanent home to the whole Creek /D/ nation of Indians, including the
Seminole nation who are anxious to join them, the undersigned
commissioners, duly authorized to act on behalf of the United States, and
the chiefs and head-men of the said Muskogee or Creek Indians, having full
power and authority to act for their people west of the Mississippi, hereby
agree to the following articles:

ART. I. The Muskogee or Creek nation of Indians, west of the Mississippi
declare themselves to be the friends and allies of the United States, under
whose parental care and protection they desire to continue: and that they
are anxious to live in peace and friendship not only with their near
neighbors and brothers, the Cherokees, but with all the surrounding tribes
of Indians. /E/

ART. II. The United States hereby agree, 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 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 deg. 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 twenty-five miles from the
Arkansas river where the old territorial line crosses the same - - 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. /F/

ART. III. 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 them
. /G/

ART. IV. 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 the property of the whole
Muskogee or Creek nation, as well of those now residing upon the land, as
the great body of 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 U.S. 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 constituent
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.
/H/

ART. V. As an evidence of the kind feeling of the United States towards the
Muskogee Indians, and as a testimonial of the (their) gratification with
the present 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, /I/ 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 education 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. VI. The United States agree that the improvements which the Creek
Indians may be required to leave, in consequence of the boundary lines 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 the same
by the United States. /J/

ART. VII. 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 the power to permit all 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
. /K/

ART. VIII. 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. /L/

ART. IX. 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. /M/

Done in open council, at fort Gibson, this 14th day of February, A. D. one
thousand eight hundred and thirty-three.

Montfort Stokes, (L.S.)
Henry L. Ellsworth, (L.S.)
J. F. Schermerhorn, (L.S.)
Roly McIntosh, his x mark, (L.S.)
Fuss-hatchie Micoe, his x mark, (L.S.)
Benj. Perryman, his x mark, (L.S.)
Hospottock Harjoe, his x mark, (L.S.)
Cowo-coogee, Maltha, his x mark, (L.S.)
Holthimotty Tustonnucky, his x mark, (L.S.)
Toatkah Haussie, his x mark, (L.S.)
Istauchoggo Harjoe, his x mark, (L.S.)
Chocoatie Tustonnucky, his x mark, (L.S.)
Chiefs of Creek nation.

Signed, sealed, and delivered in our presence:
S. C. Stambaugh, secretary to comms,
M. Arbuckle, colonel Seventh Infantry,
Jno. Campbell, agent Creeks,
Geo. Vashon, agent Cherokee, west,
N. Young, major U.S. Army,
Wilson Nesbitt,
W. Seawell, lieutenant Seventh Infantry,
Peter A. Carns,
Jno. Hambly, interpreter,
Alex. Brown, his x mark, Cherokee interpreter.
A/ Proclamation, Apr. 12, 1834.
B/ Preamble.
C/ Difficulties subsequent to former treaty.
D/ Objects.
E/ Peace and friendship.
F/ Bounds of the grants to the Creeks.
G/ United States will convey in fee simple.
H/ The whole Creek nation and the Seminoles interested.
I/ Additional blacksmith, etc., to be furnished by United States
. J/ Improvements left to be paid for.
K/ Friendly Indians may use the salt plains.
L/ The land granted in lieu of former grant.
M/ Treaty binding when ratified.

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Created 11 January 1998