1845 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 refuse 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: ART. I. 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 distinction 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. ART. II. 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 country. ART. III. 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 States. ART. IV. 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 1845 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 appropriation for education annuities, that may be due from the United States, shall be expended in their own country, for the support of a manual labor school in the Canadian District, and of another in the Arkansas District; provided that the President does not object to such application of the annuities above-named, granted in the treaties of 1832 and 1833. And it is also agreed that, in the management of such schools, the wishes of the Creek council shall be consulted. ART. V. 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, except those now in Florida, 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. ART. VI. 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. ART. VII. 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 1845 dollars per annum, in agricultural implements, shall be furnished the Seminoles for five years. ART. VIII. To avoid all danger of encroachments 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, etc. IN EXECUTIVE SESSION OF THE SENATE OF THE UNITED STATES, Resolved (two thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the 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, concluded at the Creek Agency, on the 4th day of January, eighteen hundred and fortyfive, with the following AMENDMENTS. Strike out from the fourth article the following words: « in their own country, for the support of a manual labor school in the Canadian district, and of another in the Arkansas district; provided that the President does not object to such application of the annuities above-named, granted in the treaties of 1832 and 1833. And it is also agreed, that, in the management of such schools, the wishes of the Creek council shall be consulted >> And insert, in lieu thereof, the following words: « under the direction of the President of the United States for the purposes of education aforesaid. » Strike out from the fifth article the following words: « except those now in Florida,» and add, at the end of this article, the following « except those now in Florida, who shall be allowed twelve months from the date of the ratification of this treaty for their removal. » Attest, etc. Whereas a treaty was made and concluded on the fourth day of 4 Sub-Agent for the Seminoles, and the Chiefs and Head Men of 1846 the Creek and Seminole tribes of Indians assembled in council; and whereas the Senate did, by resolution of March sixth, 1845, advise and consent to the ratification of said treaty with the following amendments: Strike out from the fourth article the following words: « in their own country for the support of a manual labor school in the Canadian district, and of another in the Arkansas district; provided that the President does not object to such application of the annuities above-named, granted in the treaties of 1832 and 1833. And it is also agreed that, in the management of such schools, the wishes of the Creek council shall be consulted; » and insert, in lieu thereof, the following words: « under the direction of the President of the United States, for the purposes of education aforesaid. >> Strike out from the fifth article the following words: « except those now in Florida,» and add, at the end of this article, the following words: « except those now in Florida, who shall be allowed twelve months from the date of the ratification of this treaty for their removal. » Now we, the Chiefs and Head Men of the Creek and Seminole tribes of Indians, do hereby consent to and ratify said amendments. In testimony whereof, etc. 2. Traité avec les tribus des Comanches et autres, signé le 15 Mai 1846. ART. I. The undersigned, chiefs, warriors, and counsellors, for themselves and their said tribes or nations, do hereby acknowledge themselves to be under the protection of the United States, and of no other power, State, or sovereignty whatever. ART. II. It is stipulated and agreed by the said tribes or nations, and their associate bands, that the United States shall have the sole and exclusive right of regulating trade and intercourse with them, and they do hereby respectively engage to afford protection to such persons, with their property, as shall be duly licensed to reside among them for the purpose of trade and intercourse, and to their agents and servants; but no person shall be permitted to 1846 reside among them as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendent to be appointed by the President of the United States, or such other persons as the President shall authorize to grant such licenses, to the end that said Indians may not be imposed on in their trade ; and if any licensed trader shall abuse his privilege by unfair dealing, upon complaint by the chiefs to their agents, and proof thereof, his license shall be taken from him, and he shall be further punished according to the laws of the United States; and if any person shall intrude himself as a trader without such license, upon complaint he shall be dealt with according to law. ART. III. The United States reserves to itself the right of working such mines as may be found within the Indian territory, and the said tribes pledge themselves to protect such persons as the President of the United States may send among them for that purpose. In order to guard against the perpetration of frauds upon the Indians, under pretext of hunting and working mines, person shall be permitted to go among them for that purpose, except by express license from the President of the United States. no ART. IV. The said tribes and their associate bands agree to deliver by the first day of November next, to the superintendent of Indian affairs to be appointed by the President, at such place as he may direct, due notice of which shall be given to the said tribes, all white persons, and negroes, who are now prisoners among any of the said tribes or nations, for which the United States agree to make to them a fair compensation; and the United States further agree to make all the prisoners taken from said tribes by Texas or the United States, shall be delivered up to the said tribes, at the same time and place, without charge. And when any member of any of said tribes or nations, and their associate bands, having in his possession an American prisoner or prisoners, white or black, shall refuse to give them up, the President of the United States shall have the privilege of sending among said tribes or nations such force as he may think necessary to take them; and the chiefs of the nations or tribes, parties to this treaty, pledge themselves to give protection and assistance to such persons as may be sent among them for this purpose. ART. V. The said tribes or nations shall have the right of sending delegates to the city of Washington whenever they may think their interest requires it. ART. VI. The said tribes and their associate bands pledge them |