Treaty with The Creeks
August 9, 1814
Articles of agreement and capitulation, made and concluded
this ninth day of August, one thousand eight hundred and fourteen,
between major general Andrew Jackson, on behalf of the President
of the United States of America, and the chiefs, deputies,
and warriors of the Creek Nation.
WHEREAS an unprovoked, inhuman, and sanguinary war, waged
by the hostile Creeks against the United States, hath been
repelled, prosecuted and determined, successfully, on the
part of the said States, in conformity with principles of
national justice and honorable warfare-- And whereas consideration
is due to the rectitude of proceeding dictated by instructions
relating to the re-establishment of peace: Be it remembered,
that prior to the conquest of that part of the Creek nation
hostile to the United States, numberless aggressions had been
committed against the peace, the property, and the lives of
citizens of the United States, and those of the Creek nation
in amity with her, at the mouth of Duck river, Fort Mimms,
and elsewhere, contrary to national faith, and the regard
due to an article of the treaty concluded at New-York, in
the year seventeen hundred ninety, between the two nations:
That the United States, previously to the perpetration of
such outrages, did, in order to ensure future amity and concord
between the Creek nation and the said states, in conformity
with the stipulations of former treaties, fulfill, with punctuality
and good faith, her engagements to the said nation: that more
than two-thirds of the whole number of chiefs and warriors
of the Creek nation, disregarding the genuine spirit of existing
treaties, suffered themselves to be instigated to violations
of their national honor, and the respect due to a part of
their own nation faithful to the United States and the principles
of humanity, by impostures [impostors,] denominating themselves
Prophets, and by the duplicity and misrepresentation of foreign
emissaries, whose governments are at war, open or understood,
with the United States. Wherefore,
1st--The United States demand an equivalent for all expenses
incurred in prosecuting the war to its termination, by a cession
of all the territory belonging to the Creek nation within
the territories of the United States, lying west, south, and
south-eastwardly, of a line to be run and described by persons
duly authorized and appointed by the President of the United
States--Beginning at a point on the eastern bank of the Coosa
river, where the south boundary line of the Cherokee nation
crosses the same; running from thence down the said Coosa
river with its eastern bank according to its various meanders
to a point one mile above the mouth of Cedar creek, at Fort
Williams, thence east two miles, thence south two miles, thence
west to the eastern bank of the said Coosa river, thence down
the eastern bank thereof according to its various meanders
to a point opposite the upper end of the great falls, (called
by the natives Woetumka,) thence east from a true meridian
line to a point due north of the mouth of Ofucshee, thence
south by a like meridian line to the mouth of Ofucshee on
the south side of the Tallapoosa river, thence up the same,
according to its various meanders, to a point where a direct
course will cross the same at the distance of ten miles from
the mouth thereof, thence a direct line to the mouth of Summochico
creek, which empties into the Chatahouchie river on the east
side thereof below the Eufaulau town, thence east from a true
meridian line to a point which shall intersect the line now
dividing the lands claimed by the said Creek nation from those
claimed and owned by the state of Georgia: Provided, nevertheless,
that where any possession of any chief or warrior of the Creek
nation, who shall have been friendly to the United States
during the war and taken an active part therein, shall be
within the territory ceded by these articles to the United
States, every such person shall be entitled to a reservation
of land within the said territory of one mile square, to include
his improvements as near the centre thereof as may be, which
shall inure to the said chief or warrior, and his descendants,
so long as he or they shall continue to occupy the same, who
shall be protected by and subject to the laws of the United
States; but upon the voluntary abandonment thereof, by such
possessor or his descendants, the right of occupancy or possession
of said lands shall devolve to the United States, and be identified
with the right of property ceded hereby.
2nd--The United States will guarantee to the Creek nation,
the integrity of all their territory eastwardly and northwardly
of the said line to be run and described as mentioned in the
first article.
3d--The United States demand, that the Creek nation abandon
all communication, and cease to hold any intercourse with
any British or Spanish post, garrison, or town; and that they
shall not admit among them, any agent or trader, who shall
not derive authority to hold commercial, or other intercourse
with them, by license from the President or authorized agent
of the United States.
4th--The United States demand an acknowledgment of the right
to establish military posts and trading houses, and to open
roads within the territory, guaranteed to the Creek nation
by the second article, and a right to the free navigation
of all its waters.
5th--The United States demand, that a surrender be immediately
made, of all the persons and property, taken from the citizens
of the United States, the friendly part of the Creek nation,
the Cherokee, Chickasaw, and Choctaw nations, to the respective
owners; and the United States will cause to be immediately
restored to the formerly hostile Creeks, all the property
taken from them since their submission, either by the United
States, or by any Indian nation in amity with the United States,
together with all the prisoners taken from them during the
war.
6th--The United States demand the caption and surrender of
all the prophets and instigators of the war, whether foreigners
or natives, who have not submitted to the arms of the United
States, and become parties to these articles of capitulation,
if ever they shall be found within the territory guaranteed
to the Creek nation by the second article.
7th--The Creek nation being reduced to extreme want, and
not at present having the means of subsistence, the United
States, from motives of humanity, will continue to furnish
gratuitously the necessaries of life, until the crops of corn
can be considered competent to yield the nation a supply,
and will establish trading houses in the nation, at the discretion
of the President of the United States, and at such places
as he shall direct, to enable the nation, by industry and
economy, to procure clothing.
8th--A permanent peace shall ensue from the date of these
presents forever, between the Creek nation and the United
States, and between the Creek nation and the Cherokee, Chickasaw,
and Choctaw nations.
9th--If in running east from the mouth of Summochico creek,
it shall so happen that the settlement of the Kennards, fall
within the lines of the territory hereby ceded, then, and
in that case, the line shall be run east on a true meridian
to Kitchofoonee creek, thence down the middle of said creek
to its junction with Flint River, immediately below the Oakmulgee
town, thence up the middle of Flint river to a point due east
of that at which the above line struck the Kitchofoonee creek,
thence east to the old line herein before mentioned, to wit:
the line dividing the lands claimed by the Creek nation, from
those claimed and owned by the state of Georgia. The parties
to these presents, after due consideration, for themselves
and their constituents, agree to ratify and confirm the preceding
articles, and constitute them the basis of a permanent peace
between the two nations; and they do hereby solemnly bind
themselves, and all the parties concerned and interested,
to a faithful performance of every stipulation contained therein.
In testimony whereof, they have hereunto, interchangeably,
set their hands and affixed their seals, the day and date
above written.
- Andrew Jackson, major general commanding Seventh Military District, [L. S.]
- Tustunnuggee Thlucco, speaker for the Upper Creeks, his x mark, [L. S.]
- Micco Aupoegau, of Toukaubatchee, his x mark, [L. S.]
- Tustunnuggee Hopoiee, speaker of the Lower Creeks, his x mark, [L. S.]
- Micco Achulee, of Cowetau, his x mark, [L. S.]
- William McIntosh, jr., major of Cowetau, his x mark, [L. S.]
- Tuskee Eneah, of Cussetau, his x mark, [L. S.]
- Faue Emautla, of Cussetau, his x mark, [L. S.]
- Toukaubatchee Tustunnuggee of Hitchetee, his x mark, [L. S.]
- Noble Kinnard, of Hitchetee, his x mark, [L. S.]
- Hopoiee Hutkee, of Souwagoolo, his x mark, [L. S.]
- Hopoiee Hutkee, for Hopoie Yoholo, of Souwogoolo, his x mark, [L. S.]
- Folappo Haujo, of Eufaulau, on Chattohochee, his x mark, [L.S.]
- Pachee Haujo, of Apalachoocla, his x mark, [L. S.]
- Timpoeechee Bernard, Captain of Uchees, his x mark, [L. S.]
- Uchee Micco, his x mark, [L. S.]
- Yoholo Micco, of Kialijee, his x mark, [L. S.]
- Socoskee Emautla, of Kialijee, his x mark, [L. S.]
- Choocchau Haujo, of Woccocoi, his x mark, [L. S.]
- Esholoctee, of Nauchee, his x mark, [L. S.]
- Yoholo Micco, of Tallapoosa Eufaulau, his x mark, [L. S.]
- Stinthellis Haujo, of Abecoochee, his x mark, [L. S.]
- Ocfuskee Yoholo, of Toutacaugee, his x mark, [L. S.]
- John O'Kelly, of Coosa, [L. S.]
- Eneah Thlucco, of Immookfau, his x mark, [L. S.]
- Espokokoke Haujo, of Wewoko, his x mark, [L. S.]
- Eneah Thlucco Hopoiee, of Talesee, his x mark, [L. S.]
- Efau Haujo, of Puccan Tallahassee, his x mark, [L. S.]
- Talessee Fixico, of Ocheobofau, his x mark, [L. S.]
- Nomatlee Emautla, or captain Issacs, of Cousoudee, his x mark, [L. S.]
- Tuskegee Emautla, or John Carr, of Tuskegee, his x mark, [L.S.]
- Alexander Grayson, of Hillabee, his x mark, [L. S.]
- Lowee, of Ocmulgee, his x mark, [L. S.]
- Nocoosee Emautla, of Chuskee Tallafau, his x mark, [L. S.]
- William McIntosh, for Hopoiee Haujo, of Ooseoochee, his x mark, [L. S.]
- William McIntosh, for Chehahaw Tustunnuggee, of Chehahaw, his x mark, [L. S.]
- William McIntosh, for Spokokee Tustunnuggee, of Otellewhoyonnee, his x mark, [L. S.]
Done at fort Jackson, in presence of--
- Charles Cassedy, acting secretary,
- Benjamin Hawkins, agent for Indian affairs,
- Return J. Meigs, A. C. nation,
- Robert Butler, Adjutant General U. S. Army,
- J. C. Warren, assistant agent for Indian affairs,
- George Mayfield,
- Alexander Curnels,
- George Lovett,
- Public interpreters.
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