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CHEROKEES.

[CONCLUDED OCTOBER 27, 1805.]

Articles of a treaty between the United States of America, by their commissioners, Return J. Meigs and Daniel Smith, who are appointed to hold conferences with the Cherokees, for the purpose of arranging certain interesting matters with the said Indians, of the one part, and the undersigned chiefs and head men of the Cherokees, of the other part.

ART. 1. Whereas it has been represented by the one party to the other, that the section of land on which the garrison of Southwest Point stands, and which extends to Kingston, is likely to be a desirable place for the assembly of the state of Tennessee to convene at, (a committee from that body now in session having viewed the situation,) now, the Cherokees being possessed of a spirit of conciliation, and seeing that this tract is desired for public purposes, and not for individual advantages, reserving the ferries to themselves, quit claim, and cede to the United States the said section of land, understanding, at the same time, that the buildings erected by the public are to belong to the public, as well as the occupation of the same, during the pleasure of the government; we also cede to the United States the first island in the Tennessee, above the mouth of Clinch.

ART. 2. And whereas the mail of the United States is ordered to be carried from Knoxville to New Orleans, through the Cherokee, Creek, and Choctaw countries; the Cherokees agree, that the citizens of the United States shall have, so far as it goes through their country, the free and unmolested use of a road leading from Tellico to Tombigbee, to be laid out by viewers appointed on both sides, who shall direct in the nearest and best way; and the time of doing the business the Cherokees shall be notified of.

ART. 3. In consideration of the above cession and relinquishment, the United States agree to pay to the said Cherokee Indians, sixteen hundred dollars in money, or useful merchandize, at their option, within ninety days after the ratification of this treaty.

ART. 4. This treaty shall be obligatory between the contracting parties, as soon as it is ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said commissioners, and the undersigned chiefs and head men of the Cherokees, have hereto set their hands and seals.

Done at Tellico, this twenty-seventh day of October, in the year of our Lord one thousand eight hundred and five.

Return J. Meigs,

L. S.

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Toochalar, his x mark,

L. S.

Turtle at Home, or Sullicookiewalar, his x mark,

L. S.

Dick Justice, his x mark,

L. S.

John Greenwood, or Eakosettas, his x mark,

L. S.

Chulevah, or Gentleman Tom, his x mark,

L. S.

Broom, or Cannarwesoske, his x mark,

L. S.

Bald Hunter, or Toowayullau, his x mark,
John Melamere, or Euquellooka, his x mark,
Closenie, or Creeping, his x mark,

L. S.

L. S.

L. S.

L. S.

L. S.

Double Head, or Chuquacuttague, his x mark,
Chicasawtihee, Checasaw tihue Killer, his x mark,

WITNESS:

Robert Purdy, Secretary to the Commissioners,

William Yates, D. Comm'y,

Nicholas Byers, United States Factor,

Wm. Lovely, Assistant Agent,

B. M'Ghee,

Saml. Love,

James Blair,

Hopkins Lacey,

Chs. Hicks, Interpreter.

CREEKS.

[CONCLUDED NOVEMBER 14, 1805.]

A convention between the United States and the Creek nation of Indians, concluded at the city of Washington, on the fourteenth day of November, in the year of our Lord one thousand eight hundred and five.

Articles of a convention made between Henry Dearborn, Secretary of War, being specially authorized therefor by the President of the United States, and Oche Haujo, William McIntosh, Tuskenehau, Chapco, Tuskenehau, Enehau Thlucco, Chekopeheke Emanthau, chiefs and head men of the Creek nation of Indians, duly authorized and empowered by said nation.

ART. 1. The aforesaid chiefs and head men do hereby agree, in consideration of certain sums of money and goods to be paid to the said Creek nation, by the government of the United States, as hereafter stipulated, to cede and forever quit claim, and do, in behalf of their nation, hereby cede, relinquish, and forever quit claim unto the United States, all right, title, and interest, which the said nation have or claim, in or unto a certain tract of land, situate between the rivers Oconee and Ocmulgee, (except as hereinafter excepted,) and bounded as follows, viz:

Beginning at the high shoals of Apalacha, where the line of the treaty of fort Wilkinson touches the same, thence running in a straight line to the mouth of Ulcofauhatche, it being the first large branch or fork of the Ocmulgee, above the Seven Islands: provided however, that if the said line should strike the Ulcofauhatche, at any place above its mouth, that it shall continue round with that stream so as to leave the whole of it on the Indian side; then the boundary to continue from the mouth of the Ulcofauhatche, by the water's edge of the Ocmulgee river, down to its junction with the Oconee; thence up the Oconee to the present boundary at Tauloohatchee creek; thence up said creek, and following the present boundary line, to the first mentioned bounds, at the high shoals of Apalacha; excepting and reserving to the Creek nation, the title and possession of a tract of land, five miles in length and three in breadth, and bounded as follows, viz: Beginning on the eastern shore of the Ocmulgee river, at a point three miles on a straight line above the mouth of a creek called Oakchoncoolgau, which empties into the Ocmulgee, near the lower part of what is called the old Ocmulgee fields; thence running three miles eastwardly, on a course at right angles with the general course of the river, for five miles below the point of beginning; thence from the end of the three miles, to run five miles parallel with the said course of the river; thence westwardly, at right angles with the last mentioned line to the river; thence by the river to the first mentioned bounds.

And it is hereby agreed that the President of the United States, for the time being, shall have a right to establish and continue a military post, and a factory or trading house, on said reserved tract; and to make such other use of the said tract as may be found convenient for the United States, as long as the government thereof shall think proper to continue the said military post or trading house. And it is also agreed, on the part of the Creek nation, that the navigation and fishery of the Ocmulgee, from its junction with the Oconee to the mouth of the Ulcofauhatche, shall be free to the white people; provided they use no traps for taking fish; but nets and seines may be used; which shall be drawn to the eastern shore only.

ART. 2. It is hereby stipulated and agreed, on the part of the Creek nation, that the government of the United States shall forever hereafter have a right to a horse path, through the Creek country, from the Ocmulgee to the Mobile, in such direction as shall, by the President of the United States, be considered most, convenient, and to clear out the same, and lay logs over the creeks: and the citizens of said States shall, at all times, have a right to pass peaceably on said path, under such regulations and restrictions, as the government of the United States shall, from

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time to time, direct; and the Creek chiefs will have boats kept at the several rivers for the conveyance of men and horses, and houses of entertainment established at suitable places on said path for the accommodation of travellers; and the respective ferriages and prices of entertainment for men and horses, shall be regulated by the present agent, Col. Hawkins, or by his successor in office, or as is usual among white people.

ART. 3. It is hereby stipulated and agreed, on the part of the United States, as a full consideration for the land ceded by the Creek nation in the first article, as well as by permission granted for a horse path through their country, and the occupancy of the reserved tract, at the old Ocmulgee fields, that there shall be paid annually to the Creek nation, by the United States, for the term of eight years, twelve thousand dollars in money or goods, and implements of husbandry, at the option of the Creek nation, seasonably signified from time to time, through the agent of the United States, residing with said nation, to the Department of War; and eleven thousand dollars shall be paid in like manner, annually, for the term of the ten succeeding years, making, in the whole, eighteen payments in the course of eighteen years, without interest. The first payment is to be made as soon as practicable after the ratification of this convention by the government of the United States; and each payment shall be made at the reserved tract, on the old Ocmulgee fields.

ART. 4. And it is hereby further agreed, on the part of the United States, that in lieu of all former stipulations relating to blacksmiths, they will furnish the Creek nation, for eight years, with two blacksmiths and two strikers.

ART. 5. The President of the United States may cause the line to be run from the high shoals of Apalacha, to the mouth of Ulcofauhatche, at such time, and in such manner, as he may deem proper, and this convention shall be obligatory on the contracting parties as soon as the same shall have been ratified by the government of the United States.

Done at the place, and on the day and year above written.

H. Dearborn,

L. S.

Oche Haujo, his x mark,

L. S.

William McIntosh, his x mark,

L. S.

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Benjamin Hawkins,

Timothy Barnard,

Jno. Smith,

Andrew McClary.

The foregoing articles have been faithfully interpreted.

TIMOTHY BARNARD, Interpreter.

СНОСТAWS.

[CONCLUDED NOVEMBER 16, 1805.]

A treaty of limits between the United States of America and the Choctaw nation of Indians.

Thomas Jefferson, President of the United States of America, by James Robertson, of Tennessee, and Silas Dinsmoor, of New Hampshire, agent of the United States to the Choctaws, commissioners plenipotentiary of the United States, on the one part, and the Mingos, chiefs, and warriors of the Choctaw nation of Indians, in council assembled, on the other part, have entered into the following agreement, viz:

ART. 1. The Mingos, chiefs, and warriors, of the Choctaw nation of Indians, in behalf of themselves, and the said nation, do, by these presents, cede to the United States of America, all the lands to which they now have or ever had claim, lying to the right of the following lines; to say: Beginning at a branch of the Humecheeto, where the same is intersected by the present Choctaw boundary, and also by the path leading from Natchez to the county of Washington, usually called McClarey's path, thence eastwardly along McClarey's path, to the east or left bank of Pearl river, thence on such a direct line as would touch the lower end of a bluff on the left bank of Chickasawhay river, the first above the Hiyoowannee towns, called Broken Bluff, to a point within four miles of the Broken Bluff, thence, in a direct line nearly parallel with the river, to a point whence an east line of four miles in length will intersect the river below the lowest settlement at present occupied and improved in the Hiyoowannee town, thence still east four miles, thence in a direct line nearly parallel with the river to a point on a line to be run from the lower end of the Broken Bluff to Faluktabunnee, on the Tombigbee river, four miles from the Broken Bluff, thence along the said line to Faluktabunnee, thence east to the boundary between the Creeks and Choctaws on the ridge dividing the waters running into the Alabama from those running into the Tombigbee, thence southwardly along the said ridge and boundary to the southern point of the Choctaw claim. Reserving a tract of two miles square, run on meridians and parallels, so as to include the houses and improvements in the town of Fuketcheepoonta, and reserving also a tract of five thousand one hundred and twenty acres, beginning at a post on the left bank of Tombigbee river opposite the lower end of Hatchatigbee Bluff, thence ascending the river four miles front and two back; one half for the use of Alzira, the other half for the use of Sophia, daughters of Samuel Mitchell, by Molly, a Choctaw woman. The latter reserve to be subject to the same laws and regulations as may be established in the circum

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