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I certify that the preceding is a faithful extract from the original treaty deposited in the state paper office.
LEWIS HERTSLET, Librarian. Signed in the presence of JOSEPH PLANTA, Jr.
Under Secretary of State. FOREIGN OFFICE, August, 5, 1825.
Extract of a treaty between Great Britain and the Upper and Lower
Creek Indians, signed at Picolata, in the Province of East Florida, the 18th of November, 1765.
“ ARTICLE 5. To prevent all disputes on account of encroachments, or supposed encroachments, made by the English inhabitants of bis majesty's said province, on the lands or hunting grounds reserved and claimed by * the Upper and Lower națions [ *277 ] of Creek Indians, and that no doubts, mistakes or disputes, may for the future, arise ; in consideration of the great marks of friendship, benevolence, and clemency, generosity and protection, extended to us, the said Indians of the 'Upper and Lower Creek nations, by his majesty King George the Third, we the chiefs, head warriors, and leaders of our respective nations, by virtue and in pursuance of the full rights and power which we now have and are possessed of, have agreed, and we do hereby agree, that, for the future, the boundary line of his majesty's said province of East Florida shall be, all the sea coast as far as the tide flows in the manner settled with the English by the Great Tomachiches, with all the country to the eastward of St. John's river, forming nearly an island from its source to its entrance into the sea, and to the westward of St. John's river by a line drawn from the entrance of the creek Ocklawagh into said river above the great lake, and near to Spalding's upper trading storehouse, to the forks of Black creek at Colville's plantation; and from thence to that part of St. Mary's river which shall be intersected by the continuation of the line to the entrance of Turkey creek into the river Altamaha. That no notice is to be taken of such horses or cattle as shall pass the line. And we do hereby accordingly ġrant and confirm unto his majesty, his heirs and successors, all the said lands within the said lines.”
JAMES GRANT, Governor,
And by 31 Indian Chiefs.
I certify that the preceding is a faithful extract from the original treaty, deposited in the state paper office.
LEWIS HERTSLET, Librarian. Signed in the presence of
JOSEPH Planta, Jr.
Under Secretary of State. FOREIGN OFFICE, August, 5, 1828.
I, Cary Nicholas, clerk of the superior court for the middle district of Florida, do certify the foregoing to be true copies from documents filed in my office.
C. NICHOLAS, Clerk. By JAMES S. Sinn, D. C.
To all to whom these presents shall come, greeting : I certify, that the writings on the annexed paper, from pages one to nine, inclusively, are three extracts from the following Indian treaties, to wit: “ Treaty at Augusta, (Georgia,) with the Cherokee and Creek Indians, in 1773;" “ treaty at Augusta, (Georgia,) with the Creek Indians in 1783;" and "treaty at Shoulderbone, (Georgia,) with the Creek Indians, in 1786,” copied from the appendix to Marbury & Crawford's Digest of the laws of Georgia, pages 601, 602, 603, and 619; which digest has been deposited in this office as an authentic work, under the authority and in pursuance of instructions to that effect from this department.
In testimony whereof, I, secretary of state of the United States, have hereunto subscribed my name; and caused the seal of the department of state to be affixed. Done at the city of Washington, this twenty-ninth day of September, A. D. 1827, and of the independence of the United States of America the fifty-second. [L. s.]
H. CLAY. Treaty at Augusta with the Cherokee and Creek Indians, in 1773, Georgia. At a congress held at Augusta, in the province of Georgia, on the first day of June, in the year of our Lord one thousand seven hundred and seventy-three, by his excellency Sir James Wright, bart., captain general and commander in chief of the said province, and the honourable John Stewart, Esquire, his majesty's sole agent for and superintendent of Indian affairs in the southern district of North America, and the several chiefs of the Cherokee and Creek Indians, who are authorized and empowered by the several tribes of the Cherokees and Creeks to attend at this congress, and to act for them and each of them: Whereas the Cherokee Indi. ans did some time ago propose, to the aforesaid governor and the superintendent, to cede unto his most sacred majesty King George the Third, a certain tract of land, situate, lying, and being within the province of Georgia, on the river Savannah, above Little river, and extending up Savannah river above Broad river, and across the country towards the Oconee river, and which the said Cherokee Indians claimed as their right and property; and whereas the said Cherokee Indians, having considered of their great poverty and distress, and finding it to be out of their power to pay their debts due from them to their traders in the usual way, by hunting and getting deer-skins, declared themselves under the necessity of making the above proposition, and requested the said governor and superintendent to lay their distressed situations before his majesty, and to implore that he would be graciously pleased to accept of a cession of the said lands from them, and that the same might be appropriated towards the payment of their debts justly due to the unfortunate people who had been trading amongst them since the peace made with them, which was in the year one thousand seven hundred and sixty-one, that so their traders might be enabled to furnish them with goods as usual : and whereas the distressed state and condition of the said Indians together with their proposition and request, as aforesaid, having been fully represented unto his majesty, who, being graciously disposed to relieve the said Indians from their necessities and distress, and to promote and preserve peace and good order between and amongst them and his majesty's subjects trading with them, was pleased to consent to receive a cession of the said lands for the purposes aforesaid, and hath given instruction to his said governor and superintendent to hold a congress with them, and to take a cession of the said lands accordingly. And whereas the Creek Indians do also claim to have a right and property in the said lands claimed by the Cherokee Indians, and proposed to be ceded by them as aforesaid; and whereas the said Creek Indians, in consideration of the payment of the debts justly due from them to the persons trading with them, since the above period, have also consulted and agreed to join in the said cession, and also to add some further lands to those proposed to be ceded by the Cherokee Indians. And whereas his majesty hath been also pleased to approve of the same, and to direct that a cession of all the said lands be received and taken jointly from both the Cherokee and 'Creek Indians, it is therefore consented and agreed, by and between the several Indian chiefs present, and who have signed this treaty of cession, as well Creeks as Cherokees, and who declare themselves to be fully and absolutely authorized and empowered by the several kings, head men, and warriors of the Upper and Lower Creeks, and of all the Cherokee country, for and in behalf of themselves, and their several nations and tribes, in manner and form following, that is to say: We, the said Indian chiefs, as well Creeks as Cherokees, do freely offer and request that the said governor and superintendent, in behalf and for the use of his most sacred majesty George the Third, and to his successors for ever, will accept of a grant and cession of the several lands hereinafter mentioned and described, that is to say: To begin at the place where—(the bounds omitted here.) And we, the said several Indian chiefs, for ourselves and our several nations and tribes of Indians, do hereby solemnly declare, that we do fully and clearly understand every part of this treaty and cession, it having been fully interpreted and explained to us, and that the same is made at our own requests, and for our own benefit and advantage,
and for and towards the payment and satisfaction of the several debts which are justly due and owing from us to the several persons who have traded and supplied us with goods, as aforesaid. And we, the said Creek Indian chiefs, and Cherokee Indian chiefs, in consideration aforesaid, do, by these presents, in the most solemn manner, for us and our several nations and tribes, fully and absolutely, give, grant, and confirm unto his most sacred majesty King George the Third, all and singular the lands hereinbefore mentioned and described; and we do, for ourselves and our nations and tribes as aforesaid, and for each and every of us and them, surrender and yield up all and each and every of our respective rights, titles, interests, claim, and property, of and in the aforesaid lands, unto his said majesty King George the Third, to hold the same to him and his successors forever: and we, the said Creek Indian chiefs, do hereby fully and absolutely agree, that, from henceforth, the above lines and bounding shall be the mark of division of lands between his majesty's subjects in the province aforesaid, and us, the said Creek Indians, notwithstanding any former agreement or boundary to the contrary; and that we will not disturb any of his majesty's subjects, in their settlements or otherwise, within the lines aforesaid. In consideration whereof, it is agreed on the part of his majesty, that the moneys arising by sale of the lands ceded as aforesaid, after defraying the expense of this congress, and such other charges and expenses as will necessarily arise in carrying this measure into execution, shall be applied towards the payment and satisfaction of such debts as shall appear to be justly due and owing from the Indians to their traders, as aforesaid.
In testimony whereof, we, the said governor and superintendent, have signed this present treaty or deed of cession, and put to it our respective seals, the day and year above written; and the several kings and chiefs of the several nations and tribes of Indians have also set their hands and seals to the samė, at the time and place agreed.
Extract from a treaty at Augusta, with the Cherokee Indians, in 1783: “II. That all just debts due by any of the said Indians to any of the merchants or traders of the said state, shall be fairly and fully paid; and all negroes, horses, or other property, taken during the late war, shall be restored.”
Extract from a treaty at Augusta, with the Creek Indians, in 1783. “ II. That all just debts due by any of the said Indians, to any of the merchants or traders of the said state, shall be fairly and fully paid; and all negroes, horses, cattle, or other property, taken during the late war, shall be restored.”
Extract from a treaty at Shoulderbone, with the Creek Indians, in 1786. “Ninth. The trade with the Indians shall be carried on as heretofore, and all just debts due by any of the said Indians to any of the merchants and traders of the said state, shall be fairly and fully paid."