Treaty with The Creeks
March 24, 1832
Articles of a treaty made at the City of Washington between
Lewis Cass, thereto specially authorized by the President
of the United States, and the Creek tribe of Indians.
The Creek tribe of Indians cede to the United States all
their land, East of the Mississippi river.
The United States engage to survey the said land as soon
as the same can be conveniently done, after the ratification
of this treaty, and when the same is surveyed to allow ninety
principal Chiefs of the Creek tribe to select one section
each, and every other head of a Creek family to select one
half section each, which tracts shall be reserved from sale
for their use for the term of five years, unless sooner disposed
of by them. A census of these persons shall be taken under
the direction of the President and the selections shall be
made so as to include the improvements of each person within
his selection, if the same can be so made, and if not, then
all the persons belonging to the same town, entitled to selections,
and who cannot make the same, so as to include their improvements,
shall take them in one body in a proper form. And twenty sections
shall be selected, under the direction of the President for
the orphan children of the Creeks, and divided and retained
or sold for their benefit as the President may direct. Provided
however that no selections or locations under this treaty
shall be so made as to include the agency reserve.
These tracts may be conveyed by the persons selecting the
same, to any other persons for a fair consideration, in such
manner as the President may direct. The contract shall be
certified by some person appointed for that purpose by the
President but shall not be valid 'till the President approves
the same. A title shall be given by the United States on the
completion of the payment.
At the end of five years, all the Creeks entitled to these
selections, and desirous of remaining, shall receive patents
therefor in fee simple, from the United States.
All intruders upon the country hereby ceded shall be removed
therefrom in the same manner as intruders may be removed by
law from other public land until the country is surveyed,
and the selections made; excepting however from this provision
those white persons who have made their own improvements,
and not expelled the Creeks from theirs. Such persons may
remain 'till their crops are gathered. After the country is
surveyed and the selections made, this article shall not operate
upon that part of it not included in such selections. But
intruders shall, in the manner before described, be removed
from these selections for the term of five years from the
ratification of this treaty or until the same are conveyed
to white persons.
Twenty-nine sections in addition to the foregoing may be
located, and patents for the same shall then issue to those
persons, being Creeks, to whom the same may be assigned by
the Creek tribe. But whenever the grantees of these tracts
possess improvements, such tracts shall be so located as to
include the improvements, and as near as may be in the centre.
And there shall also be granted by patent to Benjamin Marshall,
one section of land, to include his improverments on the Chatahoochee
river, to be bounded for one mile in a direct line along the
said river, and to run back for quantity. There shall also
be granted to Joseph Bruner a colored man, one half section
of land, for his services as an interpreter.
All the locations authorized by this treaty, with the exception
of that of Benjamin Marshall shall be made in conformity with
the lines of the surveys; and the Creeks relinquish all claim
An additional annuity of twelve thousand dollars shall be
paid to the Creeks for the term of five years, and thereafter
the said annuity shall be reduced to ten thousand dollars,
and shall be paid for the term of fifteen years. All the annuities
due to the Creeks shall be paid in such manner as the tribe
For the purpose of paying certain debts due by the Creeks,
and to relieve them in their present distressed condition,
the sum of one hundred thousand dollars, shall be paid to
the Creek tribe as soon as may be after the ratification hereof,
to be applied to the payment of their just debts, and then
to their own relief, and to be distributed as they may direct,
and which shall be in full consideration of all improvements.
The sum of sixteen thousand dollars shall be allowed as
a compensation to the delegation sent to this place, and for
the payment of their expenses, and of the claims against them.
The following claims shall be paid by the United States.
For ferries, bridges and causeways, three thousand dollars,
provided that the same shall become the property of the United
For the payment of certain judgments obtained against the
chiefs eight thousand five hundred and seventy dollars.
For losses for which they suppose the United States responsible,
seven thousand seven hundred and ten dollars.
For the payment of improvements under the treaty of 1826
one thousand dollars.
The three following annuities shall be paid for life.
To Tuske-hew-haw-Cusetaw two hundred dollars.
To the Blind Uchu King one hundred dollars.
To Neah Mico one hundred dollars.
There shall be paid the sum of fifteen dollars, for each
person who has emigrated without expense to the United States,
but the whole sum allowed under this provision shall not exceed
fourteen hundred dollars.
There shall be divided among the persons, who suffered in
consequence of being prevented from emigrating, three thousand
The land hereby ceded shall remain as a fund from which all
the foregoing payments except those in the ninth and tenth
articles shall be paid.
The United States are desirous that the Creeks should remove
to the country west of the Mississippi, and join their countrymen
there; and for this purpose it is agreed, that as fast as
the Creeks are prepared to emigrate, they shall be removed
at the expense of the United States, and shall receive subsistence
while upon the journey, and for one year after their arrival
at their new homes--Provided however, that this article shall
not be construed so as to compel any Creek Indian to emigrate,
but they shall be free to go or stay, as they please.
There shall also be given to each emigrating warrior a rifle,
moulds, wiper and ammunition and to each family one blanket.
Three thousand dollars, to be expended as the President may
direct, shall be allowed for the term of twenty years for
teaching their children. As soon as half their people emigrate,
one blacksmith shall be allowed them, and another when two-thirds
emigrate, together with one ton of iron and two hundred weight
of steel annually for each blacksmith.--These blacksmiths
shall be supported for twenty years.
The Creek country west of the Mississippi shall be solemnly
guarantied to the Creek Indians, nor shall any State or Territory
ever have a right to pass laws for the government of such
Indians, but they shall be allowed to govern themselves, so
far as may be compatible with the general jurisdiction which
Congress may think proper to exercise over them. And the United
States will also defend them from the unjust hostilities of
other Indians, and will also as soon as the boundaries of
the Creek country West of the Mississippi are ascertained,
cause a patent or grant to be executed to the Creek tribe;
agreeably to the 3d section of the act of Congress of May
2d, [28,] 1830, entitled "An act to provide for an exchange
of lands with the Indians residing in any of the States, or
Territories, and for their removal West of the Mississippi."
This treaty shall be obligatory on the contracting parties,
as soon as the same shall be ratified by the United States.
In testimony whereof, the said Lewis Cass, and the undersigned
chiefs of the said tribe, have hereunto set their hands at
the city of Washington, this 24th day of March, A. D. 1832.
- Lewis Cass,
- Opothleholo, his x mark,
- Tuchebatcheehadgo, his x mark,
- Efiematla, his x mark,
- Tuchebatche Micco, his x mark,
- Tomack Micco, his x mark,
- William McGilvery, his x mark
- Benjamin Marshall.
In the presence of--
- Samuel Bell,
- William R. King,
- John Tipton,
- William Wilkins,
- C. C. Clay,
- J. Speight,
- Samuel W. Mardis,
- J. C. Isacks,
- John Crowell, I. A.
- Benjamin Marshall,
- Thomas Carr,
- John H. Brodnax,
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