Treaty with The Creeks
June 14, 1866
Treaty of cession and indemnity concluded at the city
of Washington on the fourteenth day of June, in the year of
our Lord one thousand eight hundred and sixty-six, by and
between the United States, represented by Dennis N. Cooley,
Commissioner of Indian Affairs, Elija Sells, superintendent
of Indian affairs for the southern superintendency, and Col.
Ely S. Parker, special commissioner, and the Creek Nation
of Indians, represented by Ok-tars-sars-harjo, or Sands; Cow-e-to-me-co
and Che-chu-chee, delegates at large, and D. N. McIntosh and
James Smith, special delegates of the Southern Creeks.
PREAMBLE.
Whereas existing treaties between the United States and the
Creek Nation have become insufficient to meet their mutual
necessities; and whereas the Creeks made a treaty with the
so-called Confederate States, on the tenth of July, one thousand
eight hundred and sixty-one, whereby they ignored their allegiance
to the United States, and unsettled the treaty relations existing
between the Creeks and the United States, and did so render
themselves liable to forfeit to the United States all benefits
and advantages enjoyed by them in lands, annuities, protection,
and immunities, including their lands and other property held
by grant or gift from the United States; and whereas in view
of said liabilities the United States require of the Creeks
a portion of their land whereon to settle other Indians; and
whereas a treaty of peace and amity was entered into between
the United States and the Creeks and other tribes at Fort
Smith, September thirteenth [tenth,] eighteen hundred and
sixty-five,a whereby the Creeks revoked, cancelled, and repudiated
the aforesaid treaty made with the so-called Confederate States;
and whereas the United States, through its commissioners,
in said treaty of peace and amity, promised to enter into
treaty with the Creeks to arrange and settle all questions
relating to and growing out of said treaty with the so-called
Confederate States: Now, therefore, the United States, by
its commissioners, and the above-named delegates of the Creek
Nation, the day and year above mentioned, mutually stipulate
and agree, on behalf of the respective parties, as follows,
to wit:
Article 1.
There shall be perpetual peace and friendship between the
parties to this treaty, and the Creeks bind themselves to
remain firm allies and friends of the United States, and never
to take up arms against the United States, but always faithfully
to aid in putting down its enemies. They also agree to remain
at peace with all other Indian tribes; and, in return, the
United States guarantees them quiet possession of their country,
and protection against hostilities on the part of other tribes.
In the event of hostilites, the United States agree that the
tribe commencing and prosecuting the same shall, as far as
may be practicable, make just reparation therefor. To insure
this protection, the Creeks agree to a military occupation
of their country, at any time, by the United States, and the
United States agree to station and continue in said country
from time to time, at its own expense, such force as may be
necessary for that purpose. A general amnesty of all past
offenses against the laws of the United States, committed
by any member of the Creek Nation, is hereby declared. And
the Creeks, anxious for the restoration of kind and friendly
feelings among themselves, do hereby declare an amnesty for
all past offenses against their government, and no Indian
or Indians shall be proscribed, or any act of forfeiture or
confiscation passed against those who have remained friendly
to, or taken up arms against, the United States, but they
shall enjoy equal privileges with other members of said tribe,
and all laws heretofore passed inconsistent herewith are hereby
declared inoperative.
Article 2.
The Creeks hereby covenant and agree that henceforth neither
slavery nor involuntary servitude, otherwise than in the punishment
of crimes, whereof the parties shall have been duly convicted
in accordance with laws applicable to all members of said
tribe, shall ever exist in said nation; and inasmuch as there
are among the Creeks many persons of African descent, who
have no interest in the soil, it is stipulated that hereafter
these persons lawfully residing in said Creek country under
their laws and usages, or who have been thus residing in said
country, and may return within one year from the ratification
of this treaty, and their descendants and such others of the
same race as may be permitted by the laws of the said nation
to settle within the limits of the jurisdiction of the Creek
Nation as citizens [thereof,] shall have and enjoy all the
rights and privileges of native citizens, including an equal
interest in the soil and national funds, and the laws of the
said nation shall be equally binding upon and give equal protection
to all such persons, and all others, of whatsoever race or
color, who may be adopted as citizens or members of said tribe.
Article 3.
In compliance with the desire of the United States to locate
other Indians and freedmen thereon, the Creeks hereby cede
and convey to the United States, to be sold to and used as
homes for such other civilized Indians as the United States
may choose to settle thereon, the west half of their entire
domain, to be divided by a line running north and south; the
eastern half of said Creek lands, being retained by them,
shall, except as herein otherwise stipulated, be forever set
apart as a home for said Creek Nation; and in consideration
of said cession of the west half of their lands, estimated
to contain three millions two hundred and fifty thousand five
hundred and sixty acres, the United States agree to pay the
sum of thirty (30) cents per acre, amounting to nine hundred
and seventy-five thousand one hundred and sixty-eight dollars,
in the manner hereinafter provided, to wit: two hundred thousand
dollars shall be paid per capita in money, unless otherwise
directed by the President of the United States, upon the ratification
of this treaty, to enable the Creeks to occupy, restore, and
improve their farms, and to make their nation independent
and self-sustaining, and to pay the damages sustained by the
mission schools on the North Fork and the Arkansas Rivers,
not to exceed two thousand dollars, and to pay the delegates
such per diem as the agent and Creek council may agree upon,
as a just and fair compensation, all of which shall be distributed
for that purpose by the agent, with the advice of the Creek
council, under the direction of the Secretary of the Interior.
One hundred thousand dollars shall be paid in money and divided
to soldiers that enlisted in the Federal Army and the loyal
refugee Indians and freedmen who were driven from their homes
by the rebel forces, to reimburse them in proportion to their
respective losses; four hundred thousand dollars be paid in
money and divided per capita to said Creek Nation, unless
otherwise directed by the President of the United States,
under the direction of the Secretary of the Interior, as the
same may accrue from the sale of land to other Indians. The
United States agree to pay to said Indians, in such manner
and for such purposes as the Secretary of the Interior may
direct, interest at the rate of five per cent. per annum from
the date of the ratification of this treaty, on the amount
hereinbefore agreed upon for said ceded lands, after deducting
the said two hundred thousand dollars; the residue, two hundred
and seventy-five thousand one hundred and sixty-eight dollars,
shall remain in the Treasury of the United States, and the
interest thereon, at the rate of five per centum per annum,
be annually paid to said Creeks as above stipulated.
Article 4.
Immediately after the ratification of this treaty the United
States agree to ascertain the amount due the respective soldiers
who enlisted in the Federal Army, loyal refugee Indians and
freedmen, in proportion to their several losses, and to pay
the amount awarded each, in the following manner, to wit:
A census of the Creeks shall be taken by the agent of the
United States for said nation, under the direction of the
Secretary of the Interior, and a roll of the names of all
soldiers that enlisted in the Federal Army, loyal refugee
Indians, and freedmen, be made by him. The superintendent
of Indian affairs for the Southern superintendency and the
agent of the United States for the Creek Nation shall proceed
to investigate and determine from said roll the amounts due
the respective refugee Indians, and shall transmit to the
Commissioner of Indian affairs for his approval, and that
of the Secretary of the Interior, their awards, together with
the reasons therefor. In case the awards so made shall be
duly approved, said awards shall be paid from the proceeds
of the sale of said lands within one year from the ratification
of this treaty, or so soon as said amount of one hundred thousand
($100,000) dollars can be raised from the sale of said land
to other Indians.
Article 5.
The Creek Nation hereby grant a right of way through their
lands, to the Choctaw and Chickasaw country, to any company
which shall be duly authorized by Congress, and shall, with
the express consent and approbation of the Secretary of the
Interior, undertake to construct a railroad from any point
north of to any point in or south of the Creek country, and
likewise from any point on their eastern to their western
or southern boundary, but said railroad company, together
with all its agents and employés, shall be subject
to the laws of the United States relating to intercourse with
Indian tribes, and also to such rules and regulations as may
be prescribed by the Secretary of the Interior for that purpose,
and the Creeks agree to sell to the United States, or any
company duly authorized as aforesaid, such lands not legally
owned or occupied by a member or members of the Creek Nation,
lying along the line of said contemplated railroad, not exceeding
on each side thereof a belt or strip of land three miles in
width, at such price per acre as may be eventually agreed
upon between said Creek Nation and the party or parties building
said road, subject to the approval of the President of the
United States: Provided, however, That said land thus sold
shall not be reconveyed, leased, or rented to, or be occupied
by any one not a citizen of the Creek Nation, according to
its laws and recognized usages: Provided, also, That officers,
servants, and employés of said railroad necessary to
its construction and management, shall not be excluded from
such necessary occupancy, they being subject to the provisions
of the Indian intercourse law and such rules and regulations
as may be established by the Secretary of the Interior, nor
shall any conveyance of any of said lands be made to the party
building and managing said road until its completion as a
first-class railroad, and its acceptance as such by the Secretary
of the Interior.
Article 6.
[Stricken out.]
Article 7.
The Creeks hereby agree that the Seminole tribe of Indians
may sell and convey to the United States all or any portion
of the Seminole lands, upon such terms as may be mutually
agreed upon by and between the Seminoles and the United States.
Article 8.
It is agreed that the Secretary of the Interior forthwith
cause the line dividing the Creek country, as provided for
by the terms of the sale of Creek lands to the United States
in article third of this treaty, to be accurately surveyed
under the direction of the Commissioner of Indian Affairs,
the expenses of which survey shall be paid by the United States.
Article 9.
Inasmuch as the agency buildings of the Creek tribe have
been destroyed during the late war, it is further agreed that
the United States shall at their own expense, not exceeding
ten thousand dollars, cause to be erected suitable agency
buildings, the sites whereof shall be selected by the agent
of said tribe, in the reduced Creek reservation, under the
direction of the superintendent of Indian affairs.
In consideration whereof, the Creeks hereby cede and relinquish
to the United States one section of their lands, to be designated
and selected by their agent, under the direction of the superintendent
of Indian affairs, upon which said agency buildings shall
be erected, which section of land shall revert to the Creek
nation when said agency buildings are no longer used by the
United States, upon said nation paying a fair and reasonable
value for said buildings at the time vacated.
Article 10.
The Creeks agree to such legislation as Congress and the
President of the United States may deem necessary for the
better administration of justice and the protection of the
rights of person and property within the Indian territory:
Provided, however, [That] said legislation shall not in any
manner interfere with or annul their present tribal organization,
rights, laws, privileges, and customs. The Creeks also agree
that a general council, consisting of delegates elected by
each nation or tribe lawfully resident within the Indian territory,
may be annually convened in said territory, which council
shall be organized in such manner and possess such powers
as are hereinafter described.
First. After the ratification of this treaty, and as soon
as may be deemed practicable by the Secretary of the Interior,
and prior to the first session of said council, a census,
or enumeration of each tribe lawfully resident in said territory,
shall be taken under the direction of the superintendent of
Indian affairs, who for that purpose is hereby authorized
to designate and appoint competent persons, whose compensation
shall be fixed by the Secretary of the Interior, and paid
by the United States.
Second. The first general council shall consist of one member
from each tribe, and an additional member from each one thousand
Indians, or each fraction of a thousand greater than five
hundred, being members of any tribe lawfully resident in said
territory, and shall be selected by said tribes respectively,
who may assent to the establishment of said general council,
and if none should be thus formerly selected by any nation
or tribe, the said nation or tribe shall be represented in
said general council by the chief or chiefs and head men of
said tribe, to be taken in the order of their rank as recognized
in tribal usage, in the same number and proportion as above
indicated. After the said census shall have been taken and
completed, the superintendent of Indian affairs shall publish
and declare to each tribe the number of members of said council
to which they shall be entitled under the provisions of this
article, and the persons entitled to so represent said tribes
shall meet at such time and place as he shall appoint, but
thereafter the time and place of the sessions of said council
shall be determined by its action: Provided, That no session
in any one year shall exceed the term of thirty days, and
provided that special sessions of said council may be called
whenever, in the judgment of the Secretary of the Interior,
the interest of said tribe shall require.
Third. Said general council shall have power to legislate
upon all rightful subjects and matters pertaining to the intercourse
and relations of the Indian tribes and nations resident in
said territory, the arrest and extradition of criminals and
offenders escaping from one tribe to another, the administration
of justice between members of the several tribes of said territory,
and persons other than Indians and members of said tribes
or nations, the construction of works of internal improvement,
and the common defence and safety of the nations of said territory.
All laws enacted by said general council shall take effect
at such time as may therein be provided, unless suspended
by direction of the Secretary of the Interior or the President
of the United States. No law shall be enacted inconsistent
with the Constitution of the United States, or the laws of
Congress, or existing treaty stipulations with the United
States, nor shall said council legislate upon matters pertaining
to the organization, laws, or customs of the several tribes,
except as herein provided for.
Fourth. Said council shall be presided over by the superintendent
of Indian affairs, or, in case of his absence from any cause,
the duties of said superintendent enumerated in this article
shall be performed by such person as the Secretary of the
Interior may direct.
Fifth. The Secretary of the Interior shall appoint a secretary
of said council, whose duty it shall be to keep an accurate
record of all the proceedings of said council, and who shall
transmit a true copy of all such proceedings, duly certified
by the superintendent of Indian affairs, to the Secretary
of the Interior immediately after the sessions of said council
shall terminate. He shall be paid out of the Treasury of the
United States an annually salary of five hundred dollars.
Sixth. The members of said council shall be paid by the United
States the sum of four dollars per diem during the time actually
in attendance on the sessions of said council, and at the
rate of four dollars for every twenty miles necessary[il]ly
traveled by them in going to and returning to their homes
respectively, from said council, to be certified by the secretary
of said council and the superintendent of Indian affairs.
Seventh. The Creeks also agree that a court or courts may
be established in said territory, with such jurisdiction and
organized in such manner as Congress may by law provide.
Article 11.
The stipulations of this treaty are to be a full settlement
of all claims of said Creek Nation for damages and losses
of every kind growing out of the late rebellion and all expenditures
by the United States of annuities in clothing and feeding
refugee and destitute Indians since the diversion of annuities
for that purpose consequent upon the late war with the so-called
Confederate States; and the Creeks hereby ratify and confirm
all such diversions of annuities heretofore made from the
funds of the Creek Nation by the United States, and the United
States agree that no annuities shall be diverted from the
objects for which they were originally devoted by treaty stipulations
with the Creeks, to the use of refugee and destitute Indians
other than the Creeks or members of the Creek Nation after
the close of the present fiscal year, June thirtieth, eighteen
hundred and sixty-six.
Article 12.
The United States re-affirms and re-assumes all obligations
of treaty stipulations with the Creek Nation entered into
before the treaty of said Creek Nation with the so-called
Confederate States, July tenth, eighteen hundred and sixty-one,
not inconsistent herewith; and further agrees to renew all
payments accruing by force of said treaty stipulations from
and after the close of the present fiscal year, June thirtieth,
eighteen hundred and sixty-six, except as is provided in article
eleventh.
Article 13.
A quantity of one hundred and sixty acres, to be selected
according to legal subdivision, in one body, and to include
their improvements, is hereby granted to every religious society
or denomination, which has erected, or which, with the consent
of the Indians, may hereafter erect, buildings within the
Creek country for missionary or educational purposes; but
no land thus granted, nor the buildings which have been or
may be erected thereon, shall ever be sold or otherwise disposed
of, except with the consent and approval of the Secretary
of the Interior; and whenever any such lands or buildings
shall be so sold or disposed of, the proceeds thereof shall
be applied, under the direction of the Secretary of the Interior,
to the support and maintenance of other similar establishments
for the benefit of the Creeks and such other persons as may
be or may hereafter become members of the tribe according
to its laws, customs, and usages; and if at any time said
improvements shall be abandoned for one year for missionary
or educational purposes, all the rights herein granted for
missionary and educational purposes shall revert to the said
Creek Nation.
Article 14.
It is further agreed that all treaties heretofore entered
into between the United States and the Creek Nation which
are inconsistent with any of the articles or provisions of
this treaty shall be, and are hereby, rescinded and annulled;
and it is further agreed that ten thousand dollars shall be
paid by the United States, or so much thereof as may be necessary,
to pay the expenses incurred in negotiating the foregoing
treaty.
In testimony whereof, we, the commissioners representing
the United States and the delegates representing the Creek
nation, have hereunto set our hands and seals at the place
and on the day and year above written.
- D. N. Cooley, Commissioner Indian Affairs. [SEAL.]
- Elijah Sells, Superintendent Indian Affairs. [SEAL.]
- Ok-ta-has Harjo, his x mark. [SEAL.]
- Cow Mikko, his x mark. [SEAL.]
- Cotch-cho-chee, his x mark. [SEAL.]
- D. N. McIntosh. [SEAL.]
- James M. C. Smith. [SEAL.]
In the presence of-
- J. W. Dunn, United States Indian agent.
- J. Harlan, United States Indian agent.
- Charles E. Mix.
- J. M. Tebbetts.
- Geo. A. Reynolds, United States Indian agent.
- John B. Sanborn.
- John F. Brown, Seminole delegate.
- John Chupco, his x mark.
- Fos-har-jo, his x mark.
- Cho-cote-huga, his x mark.
- R. Fields, Cherokee delegate.
- Douglas H. Cooper.
- Wm. Penn Adair.
- Harry Island, his x mark, United States interpreter, Creek Nation.
- Suludin Watie.
This agreement, a copy of which has been obtained from the
report of the negotiating commissioners, found accompanying
the Report of the Commissioner of Indian Affairs for 1865,
is set forth in the Appendix to this Compilation, post, p.
1050.
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