Treaty with The Creeks and Seminole
January 4, 1845
Articles of a treaty made by William Armstrong, P. M.
Butler, James Logan, and Thomas L. Judge, commissioners in
behalf of the United States, of the first part; the Creek
tribe of Indians, of the second; and the Seminole tribe of
Indians, of the third part.
WHEREAS it was stipulated, in the fourth article of the Creek
treaty of 1833, that the Seminoles should thenceforward be
considered a constituent part of the Creek nation, and that
a permanent and comfortable home should be secured for them
on the lands set apart in said treaty as the country of the
Creeks; and whereas many of the Seminoles have settled and
are now living in the Creek country, while others, constituting
a large portion of the tribe, have refused to make their homes
in any part thereof, assigning as a reason that they are unwilling
to submit to Creek laws and government, and that they are
apprehensive of being deprived, by the Creek authorities,
of their property; and whereas repeated complaints have been
made to the United States government, that those of the Seminoles
who refused to go into the Creek country have, without authority
or right, settled upon lands secured to other tribes, and
that they have committed numerous and extensive depredations
upon the property of those upon whose lands they have intruded:
Now, therefore, in order to reconcile all difficulties respecting
location and jurisdiction, to settle all disputed questions
which have arisen, or may hereafter arise, in regard to rights
of property, and especially to preserve the peace of the frontier,
seriously endangered by the restless and warlike spirit of
the intruding Seminoles, the parties to this treaty have agreed
to the following stipulations:
The Creeks agree that the Seminoles shall be entitled to
settle in a body or separately, as they please, in any part
of the Creek country; that they shall make their own town
regulations, subject, however, to the general control of the
Creek council, in which they shall be represented; and, in
short, that no distinctions shall be made between the two
tribes in any respect, except in the management of their pecuniary
affairs, in which neither shall interfere with the other.
The Seminoles agree that those of their tribe who have not
done so before the ratification of this treaty, shall, immediately
thereafter, remove to and permanently settle in the Creek
It is mutually agreed by the Creeks and Seminoles, that all
contested cases between the two tribes, concerning the right
of property, growing out of sales or transactions that may
have occurred previous to the ratification of this treaty,
shall be subject to the decision of the President of the United
The Creeks being greatly dissatisfied with the manner in
which their boundaries were adjusted by the treaty of 1833,
which they say they did not understand until after its execution,
and it appearing that in said treaty no addition was made
to their country for the use of the Seminoles, but that, on
the contrary, they were deprived, without adequate compensation,
of a considerable extent of valuable territory: And, moreover,
the Seminoles, since the Creeks first agreed to receive them,
having been engaged in a protracted and bloody contest, which
has naturally engendered feelings and habits calculated to
make them troublesome neighbors: The United States in consideration
of these circumstances, agree that an additional annuity of
three thousand dollars for purposes of education shall be
allowed for the term of twenty years; that the annuity of
three thousand dollars provided in the treaty of 1832 for
like purposes shall be continued until the determination of
the additional annuity above mentioned. It is further agreed
that all the education funds of the Creeks, including the
annuities above named, the annual allowance of one thousand
dollars, provided in the treaty of 1833, and also all balances
of appropriations for education annuities that may be due
from the United States, shall be expended under the direction
of President of the United States, for the purpose of education
The Seminoles having expressed a desire to settle in a body
on Little River, some distance westward of the present residence
of the greater portion of them, it is agreed that rations
shall be issued to such as may remove while on their way to
their new homes; and that, after their emigration is completed,
the whole tribe shall be subsisted for six months, due notice
to be given that those who do not come into the Creek country
before the issues commence shall be excluded. And it is distinctly
understood that all those Seminoles who refuse to remove to,
and settle in, the Creek Country, within six months after
this treaty is ratified, shall not participate in any of the
benefits it provides: Except those now in Florida, who shall
be allowed twelve months from the date of the ratification
of this treaty for their removal.
The sum of fifteen thousand four hundred dollars, provided
in the second article of the treaty of Payne's Landing, shall
be paid in the manner therein pointed out, immediately after
the emigration of those Seminoles who may remove to the Creek
country is completed: also, as soon after such emigration
as practicable, the annuity of three thousand dollars for
fifteen years, provided in the fourth article of said treaty,
and, in addition thereto, for the same period, two thousand
dollars per annum in goods suited to their wants, to be equally
divided among all the members of the tribe.
In full Satisfaction and discharge of all claims for property
left or abandoned in Florida at the request of the officers
of the United States, under promise of remuneration, one thousand
dollars per annum, in agricultural implements, shall be furnished
the Seminoles for five years.
To avoid all danger of encroachment, on the part of either
Creeks or Seminoles, upon the territory of other nations,
the northern and western boundary lines of the Creek country
shall be plainly and distinctly marked.
In witness whereof, the said Commissioners and the undersigned
Chiefs and Head Men of the Creek and Seminole tribes, have
hereunto set their hands, at the Creek Agency, this fourth
day of January, 1845.
- Wm. Armstrong, Acting Superintendent Western Territory.
- P. M. Butler, Cherokee Agent.
- James Logan, Creek Agent.
- Thomas L. Judge, Seminole Sub-Agent.
- Roly McIntosh,
- To-marth-le Micco,
- Eu-faula Harjo,
- O-poeth-le Yoholo,
- Samuel Miller,
- Cot-char Tustunnuggee,
- *K. Lewis,
- Tuskunar Harjo,
- Tinthlanis Harjo,
- To-cose Fixico,
- *Samuel C. Brown,
- Ho-tul-gar Harjo,
- Oak-chun Harjo
- Art-tis Fixico,
- Joseph Carr,
- Ar-ar-te Harjo,
- Samuel Perryman,
- O-switchee Emarthlar,
- Talloaf Harjo,
- David Barnett,
- Jim Boy,
- *B. Marshall,
- Tinthlanis Harjo,
- Co-ah-coo-che Emarthlar,
- Thlathlo Harjo,
- E-cho Harjo,
- Ke-sar-che Harjo,
- No cose Harjo,
- Yar-dick-ah Harjo,
- Yo-ho-lo Chop-ko
- Phil Grayson,
- E-cho Emarthla,
- Kot-che Harjo,
- To-cose Micco,
- Henry Marshall,
- Matthew Marshall,
- Che-was-tiah Fixico,
- Tom Carr.
- Coah-coo-che, or Wild Cat,
- Nocose Yoholo,
- Halleck Tustunnuggee,
- Black Dirt,
- Itch-hos-se Yo-ho-lo,
- O-tul-ga Harjo,
- Yo-ho-lo Harjo,
- O-switchee Emarthla,
- Yah-hah Fixico,
- Fus-hat-chee, Micco,
- O-chee-see Micco,
In the presence of--
- J. B. Luce, secretary to commissioners.
- Samuel C. Brown, U. S. interpreter.
- B. Marshall, Creek Nation interpreter.
- Abraham, U. S. interpreter for Seminoles.
- J.P. Davis, captain U.S. Army.
- A. Cady, captain Sixth Infantry
- J. B. S. Todd, captain Sixth Infantry
- George W. Clarke.
- Jno. Dillard.
- J. L. Alexander.
- J. H. Heard.
(To the names of Indians, except those marked with an asterisk,
are subjoined their marks.)
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