Treaty with The Florida Tribes of Indians
September 18, 1823
Article I.
THE undersigned chiefs and warriors, for themselves and
their tribes, have appealed to the humanity; and thrown themselves
on, and have promised to continue under, the protection of
the United States, and of no other nation, power, or sovereign;
and, in consideration of the promises and stipulations hereinafter
made, do cede and relinquish all claim or title which they
may have to the whole territory of Florida, with the exception
of such district of country as shall herein be allotted to
them.
Article II.
The Florida tribes of Indians will hereafter be concentrated
and confined to the following metes and boundaries: commencing
five miles north of Okehumke, running in a direct line to
a point five miles west of Setarky's settlement, on the waters
of Amazura, (or Withlahuchie river, ) leaving said settlement
two miles south of the line; from thence, in a direct line,
to the south end of the Big Hammock, to include Chickuchate;
continuing, in the same direction, for five miles beyond the
said Hammock--provided said point does not approach nearer
than fifteen miles the sea coast of the Gulf of Mexico; if
it does, the said line will terminate at that distance from
the sea coast; thence, south, twelve miles; thence in a south
30° east direction, until the same shall strike within
five miles of the main branch of Charlotte river; thence,
in a due east direction, to within twenty miles of the Atlantic
coast; thence, north, fifteen west, for fifty miles and from
this last, to the beginning point.
Article III.
The United States will take the Florida Indians under their
care and patronage, and will afford them protection against
all persons whatsoever; provided they conform to the laws
of the United States, and refrain from making war, or giving
any insult to any foreign nation, without having first obtained
the permission and consent of the United States: And, in consideration
of the appeal and cession made in the first article of this
treaty, by the aforesaid chiefs and warriors, the United States
promise to distribute among the tribes, as soon as concentrated,
under the direction of their agent, implements of husbandry,
and stock of cattle and hogs, to the amount of six thousand
dollars, and an annual sum of five thousand dollars a year,
for twenty successive years, to be distributed as the President
of the United States shall direct, through the Secretary of
War, or his Superintendents and Agent of Indian Affairs.
Article IV.
The United States promise to guaranty to the said tribes
the peaceable possession of the district of country herein
assigned them, reserving the right of opening through it such
roads, as may, from time to time, be deemed necessary; and
to restrain and prevent all white persons from hunting, settling,
or otherwise intruding upon it. But any citizen of the United
States, being lawfully authorized for that purpose, shall
be permitted to pass and repass through the said district,
and to navigate the waters thereof, without any hindrance,
toll, or exaction, from said tribes.
Article V.
For the purpose of facilitating the removal of the said
tribes to the district of country allotted them, and, as a
compensation for the losses sustained, or the inconveniences
to which they may be exposed by said removal, the United States
will furnish them with rations of corn, meat, and salt, for
twelve months, commencing on the first day of February next;
and they further agree to compensate those individuals who
have been compelled to abandon improvements on lands, not
embraced within the limits allotted, to the amount of four
thousand five hundred dollars, to be distributed among the
sufferers, in a ratio to each, proportional to the value of
the improvements abandoned. The United States further agree
to furnish a sum, not exceeding two thousand dollars, to be
expended by their agent, to facilitate the transportation
of the different tribes to the point of concentration designated.
Article VI.
An agent, sub-agent, and interpreter, shall be appointed,
to reside within the Indian boundary aforesaid, to watch over
the interests of said tribes; and the United States further
stipulate, as an evidence of their humane policy towards said
tribes, who have appealed to their liberality, to allow for
the establishment of a school at the agency, one thousand
dollars per year for twenty successive years; and one thousand
dollars per year, for the same period, for the support of
a gun and blacksmith, with the expenses incidental to his
shop.
Article VII.
The chiefs and warriors aforesaid, for themselves and tribes,
stipulate to be active and vigilant in the preventing the
retreating to, or passing through, of the district of country
assigned them, of any absconding slaves, or fugitives from
justice; and further agree, to use all necessary exertions
to apprehend and deliver the same to the agent, who shall
receive orders to compensate them agreeably to the trouble
and expenses incurred.
Article VIII.
A commissioner, or commissioners, with a surveyor, shall
be appointed, by the President of the United States, to run
and mark, (blazing fore and aft the trees) the line as defined
in the second article of this treaty, who shall be attended
by a chief or warrior, to be designated by a council of their
own tribes, and who shall receive, while so employed, a daily
compensation of three dollars.
Article IX.
The undersigned chiefs and warriors, for themselves and tribes,
having objected to their concentration within the limits described
in the second article of this treaty, under the impression
that the said limits did not contain a sufficient quantity
of good land to subsist them, and for no other reason: it
is, therefore, expressly understood, between the United States
and the aforesaid chiefs and warriors, that, should the country
embraced in the said limits, upon examination by the Indian
agent and the commissioner, or commissioners, to be appointed
under the 8th article of this treaty, be by them considered
insufficient for the support of the said Indian tribes; then
the north line, as defined in the 2d article of this treaty,
shall be removed so far north as to embrace a sufficient quantity
of good tillable land.
Article X.
The undersigned chiefs and warriors, for themselves and
tribes, have expressed to the commissioners their unlimited
confidence in their agent, Col. Gad Humphreys, and their interpreter,
Stephen Richards, and, as an evidence of their gratitude for
their services and humane treatment, and brotherly attentions
to their wants, request that one mile square, embracing the
improvements of Enehe Mathla, at Tallahassee (said improvements
to be considered as the centre) be conveyed, in fee simple,
as a present to Col. Gad Humphreys.--And they further request,
that one mile square, at the Ochesee Bluffs, embracing Stephen
Richard's field on said bluffs, be conveyed in fee simple,
as a present to said Stephen Richards. The commissioners accord
in sentiment with the undersigned chiefs and warriors, and
recommend a compliance with their wishes to the President
and Senate of the United States; but the disapproval, on the
part of the said authorities, of this article, shall, in no
wise, affect the other articles and stipulations concluded
on in this treaty.
In testimony whereof, the commissioners, William P. Duval,
James Gadsden, and Bernard Segui, and the undersigned chiefs
and warriors, have hereunto subscribed their names and affixed
their seals. Done at camp on Moultrie creek, in the territory
of Florida, this eighteenth day of September, one thousand
eight hundred and twenty-three, and of the independence of
the United States the forty-eighth.
- William P. Duval, [L. S.]
- James Gadsden, [L. S.]
- Bernard Segui, [L. S.]
- Nea Mathla, his x mark, [L. S.]
- Tokose Mathla, his x mark, [L. S.]
- Ninnee Homata Tustenuky, his mark, [L. S.]
- Miconope, his x mark, [L. S.]
- Nocosee Ahola, his x mark, [L. S.]
- John Blunt, his x mark, [L. S.]
- Otlemata, his x mark, [L. S.]
- Tuskeeneha, his x mark,[L. S.]
- Tuski Hajo, his x mark, [L. S.]
- Econchatimico, his x mark, [L. S.]
- Emoteley, his x mark, [L. S.]
- Mulatto King, his x mark, [L. S.]
- Chocholohano, his x mark, [L. S.]
- Ematlochee, his x mark, [L. S.]
- Wokse Holata, his x mark, [L. S.]
- Amathla Ho, his x mark, [L. S.]
- Holatefiscico, his x mark, [L. S.]
- Chefisco Hajo, his x mark, [L. S.]
- Lathloa Mathla, his x mark, [L. S.]
- Senufky, his x mark, [L. S.]
- Alak Hajo, his x mark, [L. S.]
- Fahelustee Hajo, his x mark, [L. S.]
- Octahamico, his x mark, [L. S.]
- Tusteneck Hajo, his x mark, [L. S.]
- Okoskee Amathla, his x mark, [L. S.]
- Ocheeny Tustenuky, his x mark [L. S.]
- Phillip, his x mark, [L. S.]
- Charley Amathla, his x mark, [L. S.]
- John Hoponey, his x mark, [L. S.]
- Rat Head, his x mark, [L. S.]
- Holatta Amathla, his x mark, [L. S.]
- Foshatchimico, his x mark, [L. S.]
Signed, sealed, and delivered in the presence of--
- George Murray, secretary to the commission,
- G. Humphreys, Indian agent,
- Stephen Richards, interpreter,
- Isaac N. Cox,
- J. Erving, captain, Fourth Artillery,
- Harvey Brown, lieutenant, Fourth Artillery,
- C. D'Espinville, lieutenant, Fourth Artillery,
- Jno. B. Scott, lieutenant, Fourth Artillery,
- William Travers,
- Horatio S. Dexter.
ADDITIONAL ARTICLE.
Sept. 18, 1823.
Whereas Neo Mathla, John Blunt, Tuski Hajo, Mulatto King,
Emathlochee, and Econchatimico, six of the principal Chiefs
of the Florida Indians, and parties to the treaty to which
this article has been annexed, have warmly appealed to the
Commissioners for permission to remain in the district of
country now inhabited by them; and, in consideration of their
friendly disposition, and past services to the United States,
it is, therefore, stipulated, between the United States and
the aforesaid Chiefs, that the following reservations shall
be surveyed, and marked by the Commissioner, or Commissioners,
to be appointed under the 8th article of this Treaty: For
the use of Nea Mathla and his connections, two miles square,
embracing the Tuphulga village, on the waters of Rocky Comfort
Creek. For Blunt and Tuski Hajo, a reservation, commencing
on the Apalachicola, one mile below Tuski Hajo's improvements,
running up said river four miles; thence, west, two miles;
thence southerly, to a point two miles due west of the beginning;
thence east, to the beginning point. For Mulatto King and
Emathlochee, a reservation, commencing on the Apalachicola,
at a point to include Yellow Hairs improvements; thence, up
said river, for four miles; thence, west, one mile; thence,
southerly, to a point one mile west of the beginning; and
thence, east, to the beginning point. For Econ-chatimico,
a reservation, commencing on the Chatahoochie, one mile below
Econchatimico's house; thence, up said river, for four miles;
thence, one mile, west; thence, southerly, to a point one
mile west of the beginning; thence, east, to the beginning
point. The United States promise to guaranty the peaceable
possession of the said reservations, as defined, to the aforesaid
chiefs and their descendants only, so long as they shall continue
to occupy, improve, or cultivate, the same; but in the event
of the abandonment of all, or either of the reservations,
by the chief or chiefs, to whom they have been allotted, the
reservation, or reservations, so abandoned, shall revert to
the United States, as included in the cession made in the
first article of this treaty. It is further understood, that
the names of the individuals remaining on the reservations
aforesaid, shall be furnished, by the chiefs in whose favor
the reservations have been made, to the Superintendent or
agent of Indian Affairs, in the territory of Florida; and
that no other individuals shall be received or permitted to
remain within said reservations, without the previous consent
of the Superintendent or Agent aforesaid; And, as the aforesaid
Chiefs are authorized to select the individuals remaining
with them, so they shall each be separately held responsible
for the peaceable conduct of their towns, or the individuals
residing on the reservations allotted them. It is further
understood, between the parties, that this agreement is not
intended to prohibit the voluntary removal, at any future
period, of all or either of the aforesaid Chiefs and their
connections, to the district of country south, allotted to
the Florida Indians, by the second article of this Treaty,
whenever either, or all may think proper to make such an election;
the United States reserving the right of ordering, for any
outrage or misconduct, the aforesaid Chiefs, or either of
them, with their connections, within the district of country
south, aforesaid. It is further stipulated, by the United
States, that, of the six thousand dollars, appropriated for
implements of husbandry, stock, . in the third article
of this Treaty, eight hundred dollars shall be distributed,
in the same manner, among the aforesaid chiefs and their towns;
and it is understood, that, of the annual sum of five thousand
dollars to be distributed by the President of the United States,
they will receive their proportion. It is further stipulated,
that, of the four thousand five hundred dollars, and two thousand
dollars, provided for by the 5th article of this Treaty, for
the payment for improvements and transportation, five hundred
dollars shall be awarded to Neo Mathla, as a compensation
for the improvements abandoned by him, as well as to meet
the expenses he will unavoidably be exposed to, by his own
removal, and that of his connections.
In testimony whereof, the commissioners, William P. Duval,
James Gadsden, and Bernard Segui, and the undersigned chiefs
and warriors have hereunto subscribed their names and affixed
their seals. Done at camp, on Moultrie creek, in the territory
of Florida, this eighteenth day of September, one thousand
eight hundred and twenty-three, and of the independence of
the United States the forty-eighth.
- Wm. P. Duval, his x mark, [L. S.]
- James Gadsden, [L. S.]
- Bernard Segui, [L. S.]
- Nea Mathla. his x mark, [L. S.]
- John Blunt, his x mark, [L. S.]
- Tuski Hajo, his x mark, [L. S.]
- Mulatto King, his x mark, [L. S.]
- Emathlochee, his x mark, [L. S.]
- Econchatimico, his x mark, [L. S.]
Signed, sealed, delivered, in presence of--
- George Murray, secretary to the commission
- Ja. W. Ripley,
- G. Humphreys, Indian agent,
- Stephen Richards, interpreter.
The following statement shows the number of men retained
by the Chiefs, who have reservations made them, at their respective
villages.
Number of Men.
Blount . . 43
Cochran . . 45
Mulatto King . . 30
Emathlochee . . 28
Econchatimico . . 38
Neo Mathia . . 30
____
Total . . 214
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