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CHOCTAWS.

[CONCLUDED DECEMBER 17, 1801.]

A treaty of friendship, limits, and accommodation, between the United States of America and the Choctaw nation of Indians.

Thomas Jefferson, President of the United States of America, by James Wilkinson, of the State of Maryland, brigadier general in the army of the United States, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, commissioners plenipotentiary of the United States, on the one part, and the Mingos, principal men and warriors of the Choctaw nation, representing the said nation in council assembled, on the other part, have entered into the following articles and conditions, viz:

ART. 1. Whereas the United States in congress assembled, did, by their commissioners plenipotentiary, Benjamin Hawkins, Andrew Pickens, and Joseph Martin, at a treaty held with the chiefs and head men of the Choctaw nation at Hopewell, on the Keowee, the third day of January, in the year of our Lord one thousand seven hundred and eighty-six, give peace to the said nation, and receive it into the favor and protection of the United States of America; it is agreed by the parties to these presents respectively, that the Choctaw nation, or such part of it as may reside within the limits of the United States, shall be and continue under the care and protection of the said States; and that the mutual confidence and friendship which are hereby acknowledged to subsist between the contracting parties, shall be maintained and perpetuated.

ART. 2. The Mingos, principal men, and warriors, of the Choctaw nation of Indians, do hereby give their free consent, that a convenient and durable wagon way may be explored, marked, opened, and made, under the orders and instructions of the President of the United States, through their lands: to commenee at the northern extremity of the settlements of the Mississippi territory, and to be extended from thence, by such route as may be selected and surveyed under the authority of the President of the United States, until it shall strike the lands claimed by the Chickasaw nation; and the same shall be and continue forever, a highway for the citizens of the United States and the Choctaws; and the said Choctaws shall nominate two discreet men from their nation, who may be employed as assistants, guides, or pilots, during the time of laying out and opening the said highway, or so long as may be deemed expedient, under the direction of the officer charged with this duty, who shall receive a reasonable compensation for their services.

ART. 3. The two contracting parties covenant and agree, that the old line of demarcation heretofore established by and between the officers of his Britannic majesty and the Choctaw nation,

which runs in a parallel direction with the Missisippi river, and eastward thereof, shall be retraced and plainly marked, in such way and manner as the President may direct, in the presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements of the Mississippi territory and the Choctaw nation. And the said nation does, by these presents, relinquish to the United States and quit claim forever, all their right, title, and pretension, to the land lying between the said line and the Mississippi river, bounded south by the thirty-first degree of north latitude, and north by the Yazoo river, where the said line shall strike the same; and on the part of the commissioners it is agreed, that all persons who may be settled, beyond this line shall be removed within it, on the side towards the Mississippi, together with their slaves, household furniture, tools, materials, and stock, and that the cabins or houses erected by such persons shall be demolished.

ART. 4. The President of the United States may, at his discretion, proceed to execute the second article of this treaty; and the third article shall be carried into effect as soon as may be convenient to the Government of the United States, and without unnecessary delay on the one part or the other, of which the President shall be the judge; the Choctaws to be seasonably advised, by order of the President of the United States, of the time when, and the place where, the re-survey and re-marking of the old line referred to in the preceding article will be commenced.

ART. 5. The commissioners of the United States for and in consideration of the foregoing concessions on the part of the Choctaw nation, and in full satisfaction for the same, do give and deliver to the Mingos, chiefs, and warriors, of the said nation, at the signing of these presents, the value of two thousand dollars in goods and merchandise, net cost of Philadelphia, the receipt whereof is hereby acknowledged, and they further engage to give three sets. of blacksmith's tools to the said nation.

ART. 6. This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof.

In testimony whereof, the commissioners plenipotentiary of the United States, and the Mingos, principal men, and warriors, of the Choctaw nation, have hereto subscribed their names and affixed their seals, at Fort Adams, on the Mississippi, this seventeenth day of December, in the year of our Lord one thousand eight hundred and one, and of the Independence of the United States the twentysixth.

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Alexander Macomb, jun. Secretary to the Commission,
John McKee, Deputy Superintendent, and Agent to the Choctaws,
Henry Gaither, Lieutenant Colonel Commandant,

John H. Brull, Major Second Regiment Infantry,
Bw. Shaumburgh, Captain Second Regiment Infantry,
Frans. Jones, Assistant Quartermaster General,

Benjamin Wilkinson, Lieutenant and Paymaster Third United
States Regiment,

J. B. Walbach, Aid-de-Camp to the Commanding General,
J. Wilson, Lieutenant Third Regiment Infantry,

Samuel Jeton, Lieutenant Second Regiment of Artillery and Engineers,

John F. Carmichael, Surgeon Third Regiment United States Army.

CREEKS.

[CONCLUDED JUNE 16, 1802. ]

A treaty of limits, between the United States of America and the Creek nation of Indians.

Thomas Jefferson, President of the United States of America, by James Wilkinson, of the State of Maryland, brigadier general in the army of the United States, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, commissioners plenipotentiary of the United States, on the one part, and the kings, chiefs, head men, and warriors, of the Creek nation, in council assembled, on the other part, have entered into the following articles and conditions, viz:

ART. 1. The kings, chiefs, head men, and warriors, of the

Creek nation, in behalf of the said nation, do, by these presents, cede to the United States of America all that tract and tracts of land, situate, lying, and being, within and between the following bounds, and the lines and limits of the extinguished claims of the said nation, heretofore ascertained and established by treaty; that is to say, beginning at the upper extremity of the high shoals of the Appalachee river, the same being a branch of the Oconee river, and on the southern bank of the same; running thence a direct course to a noted ford of the south branch of Little river, called by the Indians Chattochuc-cohatchee; thence a direct line to the main branch of Commissioners' creek, where the same is intersected by the path leading from the Rock Landing to the Ocmulgee Old Towns; thence a direct line to Palmetto creek, where the same is intersected by the Uchee path, leading from the Oconee to the Ocmulgee river; thence down the middle waters of the said creek to Oconee river, and with the western bank of the same to its junction with the Ocmulgee river; thence across the Ocmulgee river to the south bank of the Altamaha river, and down the same, at low water mark, to the lower bank of Goose creek; and from thence by a direct line to the mounts, on the margin of the Okefinocau swamp, raised and established by the commissioners of the United States and Spain at the head of the St. Mary's river; thence down the middle waters of the said river, to the point where the old line of demarcation strikes the same; thence with the said old line to the Altamaha river, and up the same to Goose creek; and the said kings, chiefs, head men, and warriors, do relinquish and quit claim to the United States, all their right, title, interest, and pretensions, in and to the tract and tracts of land within and between the bounds and limits aforesaid, forever.

ART. 2. The commissioners of the United States, for and in consideration of the foregoing concession on the part of the Creek nation, and in full satisfaction for the same, do hereby covenant and agree with the said nation, in behalf of the United States, that the said States shall pay to the said nation, annually, and every year, the sum of three thousand dollars, and one thousand dollars for the term of ten years, to the chiefs who administer the government, agreeably to a certificate under the hands and seals of the commissioners of the United States, of this date, and also, twentyfive thousand dollars in the manner and form following, viz: Ten thousand dollars in goods and merchandise, the receipt of which is hereby acknowledged; ten thousand dollars to satisfy certain debts due from Indians and white persons of the Creek country to the factory of the United States; the said debts, after the payment aforesaid, to become the right and property of the Creek nation, and to be recovered for their use, in such way and manner as the President of the United States may think proper to direct; five thousand dollars to satisfy claims for property taken

by individuals of the said nation, from the citizens of the United States, subsequent to the treaty of Colerain, which has been or may be claimed and established agreeably to the provisions of the act for regulating trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. And it is further agreed, that the United States shall furnish to the said nation two sets of blacksmith's tools, and men to work them, for the term of three years.

ART. 3, It is agreed by the contracting parties, that the garrison or garrisons which may be found necessary for the protection of the frontiers, shall be established upon the land of the Indians, at such place or places as the President of the United States may think proper to direct, in the manner and on the terms established by the treaty of Colerain.

ART. 4. The contracting parties to these presents do agree, that this treaty shall become obligatory and of full effect, so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, In testimony whereof, the commissioners plenipotentiary of the United States, and the kings, chiefs, head men, and warriors, of the Creek nation, have hereunto subscribed their names and affixed their seals, at the camp of the commissioners of the United States, near fort Wilkinson, on the Oconee river, this sixteenth day of June, in the year of our Lord one thousand eight hundred and two, and of the independence of the United States the twenty-sixth,

James Wilkinson,
Benjamin Hawkins,

Andrew Pickens,

Efau Haujo, his x mark,

1 Tustunnuggee Thlucco, his x mark,

2 Hopoie Micco, his x mark,

3 Hopoie Olohtau, his x mark,
Tallessee Micco, his x mark,
Tussekia Micco, his x mark,
Micco Thlucco, his x mark,
Tuskenehau Chapco, his x mark,
Chouwacke le Micco, his x mark,
Toosce hatche Micco, his x mark,
Hopoie Yauholo, his x mark,
Hoithlewau le Micco, his x mark,
Efau Haujo, of Cooloome, his x mark,
Cussetuh Youholo, his x mark,
Wewocau Tustunnuggee, his x mark,

Nehomahte Tustunnuggee, his x mark,

Tustunu Haujo, his x mark,
Hopoie Tustunnuggee, his x mark,
Talchischau Micco, his x mark,
Yaufkee Emautla Haujo, his x mark,

L. S.

L, S.

L, S,

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