Treaty with The Creeks
November 14. 1805
A convention between the United States and the Creek nation
of Indians, concluded at the City of Washington, on the fourteenth
day of November, in the year of our Lord 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 Haujo, William M'Intosh, Tuskenehau
Chapce, Tuskenehau, Enehau Thlucco, Checopeheke, Emantlau,
chiefs and head men of the Creek nation of Indians, duly authorized
and empowered by said nation.
Article I.
The aforesaid chiefs and head men 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 hereinafter 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 the 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 the boundary to continue
from the mouth of the Ulcofauhatche, by the water's 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 parallel with the said course of
the river; thence west wardly, 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 the
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 Ulcofauhatchee, shall be free to the white people;
provided they use no traps for taking fish; but nets and seines
may be used, which shall be drawn to the eastern shore only.
Article II.
It is hereby stipulated and agreed, on the part of the Creek
nation that the government of the United States 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 regulation
and such 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, Col.
Hawkins, or by his successor in office, or as is usual among
white people.
Article III.
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,
though 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 Sates,
and each payment shall be made at the reserved tract, on the
Ocmulgee fields.
Article IV.
And it is hereby further agreed, on the part of the United
States, that in lieu of all former stipulation relating to
blacksmiths, they will furnish the Creek nation for eight
years, with two black-smiths and two strikers.
Article V.
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, [L. S.]
- Oche Haujo, his x mark, [L. S.]
- William McIntosh, his x mark, [L. S.]
- Tuckenehau Chapco, his x mark, [L. S.]
- Tuckenehau, his x mark, [L. S.]
- Enehau Thlucco, his x mark, [L. S.]
- Chekopeheke Emanthau, his x mark, [L. S.]
Signed and sealed in presence of--
- James Madison,
- Rt. Smith,
- Benjamin Hawkins,
- Timothy Barnard,
- Jno. Smith,
- Andrew McClary.
The foregoing articles have been faithfully interpreted.
Timothy Barnard, interpreter.
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