Copy of Signed Document

Treaty of New York with the Creek Nation of Indians

This is the Treay of New York concluded between the United States and the Kings, Chiefs, and Warriors of the Creek Nation of Indians.

1790

08

07

New York

Henry Knox, Alexander McGillivray

Henry Knox

Alexander McGillivray

Senate of the Unites States

George Washington

Thomas Jefferson

Richard Morris, Chief Justice of the State of New York

Richard Varick, Mayor of the City of New York

Marius Willett

Joseph Allen Smith

Henry Izard

Kings, Chiefs, and Warriors of the Creek Nation of Indians

Commanding Officer of the Troops of the United States

white inhabitants

Negroes

Governor of Georgia [Telfair]

prisoners

Surveyor

three old Creek Chiefs

heirs and descendents

herdsmen and cultivators

hunters

Upper Creeks

Lower Creeks

Seminoles

Creek youth

New York

Rock Landing on the Oconee River

Savannah River

Kiawa

Tugelo River

Currahee mountains

Appalachee

the Oakmulgee

Altamaha

St. Marys River

frontiers

Territories of Spain

Treaty of Peace

friendship

protection of the United States

boundary between the citizens of the United States and the Creek Nation

claims of the Creek Nation

land

valuable Indians goods

quit claims

game on the Creek lands

passport

robbery or murder

crime

laws of such State

punishment

violence

reprisal

greater degree of civilization

domestic animals

implements of husbandry

animosities for past grievances

Secret Articles

commerce

ports

trade of Creek Nation

war

goods, wages, and merchandise

proper ornaments

The said Creek nation will not hold any Treaty with an Individual State or with individuals of any State.
If any citizen of the United States or other person not being an Indian shall attempt to settle on any of the Creeks' lands, such person shall forfeit the protection of the United States and the Creeks may punish or not as they please.

1790080790002

1

A Treaty of Peace and friendship made and ... concluded between the President of the United States of America on the part and behalf of the said States and the undersigned Kings, Chiefs and Warriors of the Creek Nation of Indians, on the part and behalf of the said Nation.
The parties being desirous of establishing permanent peace and friendship [line-ending stroke] between the United States and the said [line-ending stroke] Creek Nation, and the Citizens and Members thereof, and to remove the causes of war by ascertaining their limits and making other necessary, just and friendly arrangements: The President of the United States by Henry Knox Secretary for the Department of War, whom he hath constituted with full power for these purposes, by and with the advice and consent of the Senate of the United States, and the Creek Nation by the undersigned Kings, Chiefs and Warriors, representing the Said Nation have agreed to the following Articles.
Article 1st. There shall be a perpetual peace and friendship, between all the Citizens of the United States of America, and all the individuals, towns, and tribes, of the upper, middle, and lower Creeks and Semanoles composing the Creek Nation of Indians.
Article 2nd. The undersigned Kings, Chiefs, and Warriors, for themselves and all parts of the Creek Nation within the limits of the United States do acknowledge themselves, and the said parts of the Creek Nation, to be under the protection of the United States of America and of no other Sovereign whosoever, and they also stipulate, that the said Creek Nation will not hold any Treaty with an individual State, or with individuals of any State.
Article 3rd. The Creek Nation shall deliver as soon as practicable, to the Commanding Officer of the Troops of the United States, stationed at the Rock-landing on the Oconee River all citizens of the United States, white inhabitants or negroes, who are now prisoners in any part of the said Nation. And if any such prisoners, or Negroes should not be so delivered, on or before the first day of June ensuing, the Governor of Georgia may empower three persons to repair to the said Nation in order to claim and receive such prisoners and negroes.
Article 4th. The boundary between the Citizens of the United States and the Creek Nation, is and shall be from where the old line strikes the river Savannah_thence up the said river to a place on the most northern branch of the same, commonly called the Keawee, where a North east line to be drawn
from the top of the Occunna Mountain shall intersect_ thence along the Said line in a South_ west direction to Tugelo River, _thence to the top of the Currahee mountain_ thence to the head or source of the main south branch of the Oconee River, called the Appallachie_ thence down the middle of the said main South branch and river Oconee to its confluence with the Oakmulgee, which form the river Altamaha_ and thence [line-ending marks] down the middle of the said Altamaha to the old line of the said river; and thence [line-ending mark] along the said old line to the River St. Mary's.
And in order to preclude forever, all disputes relatively to the head or source of the main south branch of the river Oconee, at the place where it shall be intersected by the line aforesaid from the Currahee mountain, the same shall be ascertained by an able Surveyor on the part of the United States, who shall be assisted by three old Citizens of Georgia, who may be appointed by the Governor of the said State, and three old Creek Chiefs to be appointed by the said Nation[,] and the said Surveyor, Citizens, and Chiefs, shall assemble for this purpose, on the first day of October, one thousand seven hundred and ninety one, at the Rock-landing on the said river Oconee, and thence proceed to ascertain the said head or source of the main south branch of the said river, at the place where it shall be intersected by the line aforesaid to be drawn from the Currahee Mountain. And in order that the said boundary shall be rendered distinct and well known it shall
be marked by a Line of felled Trees at least twenty feet wide, and the trees chopped on each side from the said Currahee Mountain to the head or source of the said main south branch of the Oconee River and thence down the margin of the said main south branch and River Oconee for the distance of twenty miles, or as much farther as may be necessary to mark distinctly the said boundary. And in order to extinguish forever, all claims of the Creek Nation or any part thereof, to any of the land lying to the northward and eastward of the boundary herein described, it is hereby agreed in addition to the considerations heretofore made for the said land, that the United States will cause certain valuable indian goods now in the State of Georgia, to be delivered to the said Creek Nation, and the said United States will also cause the Sum of one thousand and five hundred dollars to be paid annually to the said Creek Nation[.] And the undersigned Kings, Chiefs and Warriors, do hereby for themselves, and the whole Creek Nation, their heirs and descendants, for the considerations abovementioned, release, quit claim, relinquish, and cede all the Land to the northward and eastward of the boundary herein described.
Article 5th. The United States [undecipherable]ly guarrantee to the Creek Nation all their Lands within the limits of the United States to the Westward and Southward of the boundary described in the preceding Article.
Article 6th. If any Citizen of the United States or other person not being an Indian, Shall attempt to settle on any of the Creeks lands, such person Shall forfeit the protection of the United States, and the Creeks may punish him or not as they please.
Article 7th. No Citizen or inhabitant of the United States Shall attempt to hunt or destroy the game on the Creek Lands. Nor shall any such citizen or inhabitant go into the Creek Country without a passport first obtained by the Governor of some one of the United States, or the Officer of the Troops of the United States, commanding at the nearest military post on the frontiers, or Such other person as the President of the United States may from time to time, authorize to grant the Same.
Article 8th. If any Creek Indian or Indians, or person residing among them, or who shall take refuge in their Nation, shall commit a robbery or murder or other capital crime on any of the citizens or inhabitants of the United States, the Creek Nation or town or tribe, to which such offenders may belong, Shall be bound to deliver him or them up, to be punished according to the Laws of the
United States.
Article 9th. If any Citizen or inhabitant of the United States [undecipherable] of the territorial districts of the United States, Shall go into any town, Settlement, or territory belonging to the Creek nation of Indians, and Shall there commit any crime upon or trespass against the person or property of any peaceable and friendly Indians or Indians, which if committed within the jurisdiction of any State or within the jurisdiction of either of the Said districts against a Citizen or white inhabitant thereof would be punishable by the Laws of Such State or district, Such offender or offenders Shall be Subject to the Same punishments and Shall be proceeded against in the Same manner as if the offence had been committed within the jurisdiction of the State or district to which he or they may belong, against a Citizen or white inhabitant thereof.
Article 10th In cases of violence on the persons or property of the individuals of either party, neither retaliation, nor reprisal Shall be committed by the other until Satisfaction Shall have been demanded of the party of which the Agressor is and Shall have been refused.
Article 11th The Creeks Shall
give notice to the Citizens of the United States any designs which the may know or [indecipherable] to be formed in any neighbouring tribe, or by any person whatever against the peace and interest of the United States.
Article 12th. That the Creek nation may be led to a greater degree of civilization and to become Herdsman, and Cultivators instead of remaining in a State of Hunters, the United States will from time to time furnish gratuitously the Said Nation with useful domestic animals and implements of husbandry [at line break mark resembling a dot with a ~ through it] and further to assist the Said Nation in so [at line break same dot with ~ through it] desirable a pursuit, and at the Same time [line break dot with ~] to establish a certain mode of communication, the United States will Send such and so many persons to reside in Said Nation as they may judge proper, and not exceeding four in number, who shall qualify themselves to act as interpreters. These persons Shall have lands assigned them by the Breeks for cultivation for themselves and their Successors in office, but they shall be precluded exercising any kind of traffic.
Article 13th. All animosities for past grievances shall henceforth, cease and the contracting parties will carry the foregoing Treaty into full execution will all good faith and Sincerity.
Article 14th. This Treaty shall take effect and be obligatory on the contracting parties, as Soon as the Same Shall have been
ratified by the President of the United
States with the advice and consent of
the Senate of the United States.
In Witness of all and everything
herein determined between the United
States of America and the whole Creek
Nations, the parties have hereunto set
their hands and Seals in the City of
New York within the United States,
this seventh day of August one thou-
sand seven hundred and ninety.
In behalf of the United States
HKnox Secretary at War
and sole Commissioner
for treating with the
Creek Nation of Indians. [his X mark]
In behalf of themselves and the
whole Creek Nation of Indians
Alex McGillivray [his X mark]
Cusetahs { Fuskatche Mico__ or Bird Tail King [his X mark]
Neathlock__ or Second Man [his X mark]
Hallelemalthle__ or Blue Giver [his X mark]
Little Tallisee { Ossay Mico__ or the Singer [his X mark]
Totkeshajou__ or Samoniac [his X mark]
Big Tallisee { Hopothe Mico__ or Tallisee King [his X mark]
Opototuche__ or Long Side [his X mark]
Tuckabatchy { Soholessee__ or young Second Man [his X mark]
Ockee Hajou__ or Alex Cornel [his X mark]
Natches..{
Chinabie__ or the great Natches Warrior {his X mark}
Natsowachehee__ or the great Natchee {his X mark}
Warrior's Brother
Thakoteehee__ or the Mole {his X mark}
Oquakabee__ {his X mark}
Cowetahs {
Tuskena'ah__ or Big Lieutenant {his X mark}
Homatah... or Leader {his X mark}
Chinnabie... or Matthews {his X mark}
Juleetaulematha__ or dry Pine {his X mark}
Chawookly Mico__ of the broken Arrow {his X mark}
Coosades {
Coosades Hopoy__ or the Measurer {his X mark}
Muhltee__ or the Miser {his X mark}
Stimafutchkee... or good Humour {his X mark}
Alabama Chief {
Stilnaleeje... or the Disputer {his X mark}
Oaksoys {
Mumagechee... David Francis {his X mark}
Done in presence of
Ricd. Morris, Chief Justice of the State of New York
Richd. Varick, Mayor of the City of New York
Marinus Willett
Thomas Lee Shippen of Pennsylvania
John Rutledge Junior
Joseph Allen Smith
Henry Izard
Joseph his x mark Gosnell, interpreter
Secret Articles of the Treaty
of Peace and Friendship made and
concluded on behalf of the United
States of America on the one past
and the Creek Nation of Indians
on the other past in the City of New York
on this seventh day of August one
thousand seven hundred and ninety.
Article 1st. The commerce ne-
cessary for the Creek Nation shall be
carried on through the ports and by
the Citizens of the United States, if sub
stantial and effectual arrangements
shall be made for that purpose by the
United States, on or before the first
day of August one thousand and seven
hundred and ninety two__ In the
mean time the said commerce may
be carried on through its present chan
nels, and according to its present re
gulations.
And Whereas the trade of the
said Creek Nation is now carried on
wholly or principally through the Terri
tories of Spain, and obstructions these
to may happen by War,or prohibition
of the Spanish Government, It is there
fore agreed between the said Parties,
That in the event of any such obstruct
ions happening it shall be lawful
for such persons as the President of
the United States shall designate to {Undecipherable}
duce into, and transport through the Te
ritories of the United States, to the country of
the said Creek Nation, any quantity of
goods, wares and merchandize, not exceed
ing in value, in any one year, sixty thou
sand dollars, and that free from any
duties or impositions whatsoever, but
subject to such regulations for guarding
against abuse, as the United States shall
judge necessary, which priviledge shall
continue as long as such obstructions shall
continue.
Article 2nd. The United States also
agree to allow to each of the great medal
Chiefs hereinafter named, a Commission,
a great Medal with proper Ornaments, and
each one hundred dollars annually for
themselves, and the other beloved Men of the
Towns respectively to wit__
Of the upper Creeks..{
The Chiefs of the Oakfuskees,
Tuckabatchees, and the
present Tallisse King of
the half way house.
Of the Cower Creeks..{
The Chiefs of the Cusitahs
and Cowetas__ and
Of the Semanolies..{
The Chiefs of Micasukee
Article 3rd. In order to effect a Conso
lidation of the interests of the United States
and the Creek Nation it is hereby {undecipherable}
{Undecipherable} Alexander McGillivray the {undecipherable}
{undecipherable} chief of the said nation shall
also be constituted the Agent of the
United States in the said Nation
with the rank of Brigadier General
and the pay of one thousand two
hundred Dollars per annum on his
taking the usual oaths required by
law.
Article 4th. And the said
Alexander McGillivray hereby stipu-
lates to use his highest exertions to en-
deavor to cultivate the finest friend-
ship between the United States and
the said Creek nation.
Article 5th. The United States
agree to educate and clothe such of
the Creek youth as shall be agreed
upon, not exceeding four in number
at any one time.
Article 6th. These secret articles
shall take effect and be obligatory on
the contracting parties as soon as the
same shall have been ratified by
the President of the United States, with
the advice and consent of the Senate
of the United States.
In Witness of all and
everything herein deter-
mined between the United
States of America and
Alexander McGillivray
in behalf of himself and
the Creek Nation. The Part-
ies have hereunto set their
Hands and Seals at the
place and on the day
and year above written.
In behalf of the United States
HKnox Secretary of {his X mark}
War and Sole Com
missioner fortreating
with the Creek Nation
In behalf of himself
and the Creek Nation
Alex McGillivray {his X mark}
Done in presence of
Bid Morris Chief Justice
of the State of New York
Richd Varick Mayor of the City of New York
Marinus Willett
Joseph Allen Smith
Henry Izard