WITNESSES: Thos. L. McKenney, James Rogers, Interpreter. D. Kurtz. H. Miller. Thomas Murray. D. Brown, Secretary Cherokee Delegation. E. W. Duval, U. S. Agent. Ratified with the following proviso: "Provided, nevertheless, that the said convention shall not be so construed as to extend the northern boundary of the perpetual outlet west provided for and guaranteed in the second article of said convention, north of the thirty-sixth degree of north latitude, or so as to interfere with the lands assigned or to be assigned, west of the Mississippi river, to the Creek Indians who have emigrated, or may emigrate, from the States of Georgia and Alabama, under the provisions of any treaty or treaties heretofore concluded between the United States and the Creek Tribe of Indians; and provided further, that nothing in the said convention shall be construed to cede or assign to the Cherokees any lands heretofore ceded or assigned to any tribe or tribes of Indians, by any treaty now existing and in force, with any such tribe or tribes. Department of War, 31st, May, 1828. To The Hon. Henry Clay, Secretary of State: Sir: I have the honor to transmit herewith, the acceptance of the terms, by the Cherokees, upon which the recent convention with hem was ratified. You will have the goodness to cause the same to be attached to the treaty, and published with it. I have the honor to be, very respectfully, Your obedient servant, Sam'l. L. Southard. Council Room, Williamson's Hotel To The Secretary of War, Washington City. Sir: The undersigned, chiefs of the Cherokee Nation, west of the Mississippi, for and in behalf of said Nation, hereby agree to, and accepted the terms upon which the Senate of the United States ratified the convention, concluded at Washington on the sixth day of May, 1828, between the United States and Nation. In testimony whereof, they hereunto subscribe their names and affix their seals. Thomas Graves, his X mark. George Guess, his X mark. Thomas Marvis, his X mark. Signed and sealed in the presence of E. W. Duval, U. S. Agent, Etc. James Rogers, Interpreter. TREATY OF THE SENECAS AND SHAWNEES Concluded December 29, 1832-Ratified March 22, 1833. SUMMARY. PREAMBLE. Art. I. Senecas and Shawnees cede and relinquish all lands west of Grand River. Art. II. United States cedes the Shawnees and Senecas lands on east side of Grand River. Art. III. Art. IV. Art. V. United States agrees to furnish Mills and Tools. United States agrees to pay for money advanced for forage. Art. VI. Treaty to be ratified by President and Senate. Articles of agreement made and concluded at Seneca Agency on the head waters of the Sowskin river, this 29th day of December in the year of our Lord One Thousand Eight Hundred and Thirty-two, by and between Henry L. Ellsworth and John F. Shermerhorn, commissioners on behalf of the United States, and chiefs and head men of the "United Nation" of the Senecas and Shawnee Indians, on behalf of said tribe or Nation. Whereas, certain articles of agreement and convention were concluded at Lewistown, Ohio, on the 20th day of July, A. D. 1831, by and between the United States and the chiefs and warriors of the mixed band of the Senecas and Shawnee Indians, residing at or near Lewistown, in the State of Ohio: And whereas, by the 2nd article of said agreement, the United States stipulated and agreed, with said tribe in the words following, to-wit: "To grant by patent, in fee simple, to them, and their heirs forever, as long as they shall exist as a Nation and remain on the same, a tract of land, to contain sixty thousand acres, to be located under the direction of the President of the United States, contiguous to the lands granted to the Senecas and Sandusky, by the treaty made with them at the City of Washington, on the 28th day of February 1831, and the Cherokee settlements-the east line of said tracts shall be within two miles of the west line of the land granted to the Senecas of Sandusky; and the south line shall be within two miles of the north line of the lands held by the Cherokees and said two miles between the aforesaid lines, shall serve as a common pass way between the aforementioned tribs, to prevent them from intruding upon the lands of each other." And the treaty aforesaid was ratified and confirmed by the President and Senate of the United States on the 6th day of April, A. D., 1832. And whereas, the said mixed band of Senecas and Shawnees removed from their homes in Ohio to settle upon lands assigned them west of the Mississippi, in pursuance of the provisions and stipulations of the treaty aforesaid; and whereas, the said Senecas from Sandusky, and the mixed band of Senecas and Shawnees, have lately formed a confederacy, and have expressed their anxiety to unite as one tribe or Nation, to be called the "United Nation of Senecas and Shawnees" to occupy their lands as tenants in common; and have the whole country provided for them by the United States located on the east side of the Neosho or Grand river, which runs through and now divides the same; for the purpose of affording a more convenient and satisfactory location to said United Nation, the parties aforesaid do, therefore, hereby stipulate and agree as follows: Art. 1. The United Tribe of Senecas and Shawnee Indians do hereby cede, relinquish, and forever quit claim to the United States all the land granted to them on the west side of the Neosho or Grand river, by treaties made respectively with the Senecas of Sandusky, and the mixed band of Senecas and Shawnees of Lewistown, Ohio, on the 20th day of July, 1831, and on the 28th day of February, 1831. Art. 2. In consideration of said lands, described and ceded as aforesaid, the United States will grant, by letters patent, to the tribe or Nation of Indians aforesaid, in manner as hereinafter mentioned, the following tract of land lying on the east side of the Neosho or Grand river, viz: Bounded on the east by the west line of the State of Missouri; south, by the present established line of the Cherokee Indians; west, by the Neosho or Grand river, and north, by a line running parallel with the said south line, and extending so far from the present north line of the Seneca Indians from Sandusky, as to contain sixty thousand acres, exclusive of the land now owned by said Seneca Indians, which said boundaries include, however, all land heretofore granted said Seneca Indians, of Sandusky, on the east side of Grand river. And the United States will grant said tract of land, by two letters patent; the north half in quantity, to be granted to the mixed band of Senecas and Shawnees of Ohio, and the south half to the Senecas from Sandusky, aforesaid: The whole to be occupied in common, so long as the said tribes or bands shall desire the same. The said patents shall be granted in fee simple, but the lands shall not be sold or ceded without the consent of the United States. Art. 3. The United States, at the request of the said "United Nation," agree to erect immediately a grist mill, a saw mill, and a blacksmith shop, and furnish the necessary tools and machinery in anticipation of a re-imbursement from sales of lands, ceded to the United States by the treaties aforesaid of 28th of February, 1831, and July 20th, 1831, and so far in fulfillment of the same. Art. 4. The United Nation of Senecas and Shawnees having presented a claim for money advanced by them for forage while removing to their new homes in the west, and for horses and other property lost on the journey, the United States, in order to obtain a final settlement of such claim, agree to pay One Thousand Dollars, as follows, viz: Six Hundred Dollars to the Seneca tribe of Indians from Sandusky; and the sum of Four Hundred Dollars to the Senecas and Shawnees from Lewistown, Ohio, to be distributed by their respective tribes among the claimants as they may deem just and equitable; and to be received by them in full payment and satisfaction of all claims aforesaid. Art. 5. Nothing in these articles of agreement shall be construed to effect the respective rights of the Seneca Tribe of Indians from Sandusky, and the Senecas and Shawnees from Lewistown, Ohio, as secured by existing treaties, except so far as said treaties are consistent with the provisions of the articles aforesaid. Art. 6. This agreement or treaty shall be binding and obligatory upon the contracting parties from and after its ratification by the President and Senate of the United States. In testimony whereof, the said Henry L. Ellsworth and John F. Shermerhorn, commissioners, and the chiefs and head men of the United Nation of Seneca and Shawnee Indians, have hereunto signed their names and affixed their seals, on the day and year above written. Henry E. Ellsworth. SENECA CHIEFS: Comstick, (First Chief Seneca Nation) hig X mark. Seneca Steel, his X mark. Small Cloud Spicer, his X mark. Tall Chief, his X mark. Captain Good Hunter, his X mark.. Ward Hickory, his X mark. Captain Smith, his X mark. CHIEFS OF MIXED BAND. Me-tho-mea, or Civil John, (First Chief Sen ecas and Shawnees,) his X mark. Pe-wy-a-che, his X mark. Skilleway or Robin, his X mark. John Jackson, his X mark. Quash-acaugh, or little Lewis, his X mark. To-ta-la or John Young, his X mark. Mingo Carpenter, his X mark. Jemmy McDaniel, his X mark. Civil John's Son, his X mark. Big Ash, his X mark. Civil John's Son, his X mark. Signed, sealed and delivered in the presence of S. C. Stambaugh, Secretary to Commissioners Augt. A. Chouteau, Wm. Young. George Herron, Seneca Interpreter. Baptiste Peoria, Shawnee Interpreter. A TREATY WITH THE SEMINOLES, 1833 Proclamation April 12, 1834. SUMMARY. Preamble. Treaty with the Creeks of February 14, 1833 referred to. Commissioners designate land for the Seminoles. Major Phagan to superintend removal of Indians. Whereas, the Seminole Indians of Florida, entered into certain articles of agreement with James Gadson (Gadsden) Commissioner on behalf of the United States, at Payne's Landing, on the 9th day of May, 1832, the first article of which treaty or agreement provides, as follows: "The Seminole Indians relinquish to the United States all claim to the land they at present occupy in the Territory of Florida, and agree to emigrate to the country assigned to the Creeks, west of the Mississippi river, it being understood that an additional extent of territory proportioned to their number will be added to the Creek country, and that the Seminoles will be received as a constitutent part of the Creek Nation, and be re-admitted to all the privileges as members of the same." And. whereas, the said agreement also stipulates and provides, that a delegation of Seminoles should be sent at the expense of the United States to examine the country to be allotted them among the Creeks, and should this delegation be satisfied with the character of the country and for the favorable disposition of the Creeks to unite with them as one people, then the aforementioned treaty would be considered binding and obligatory upon the parties. And whereas a treaty was made between the United States and the Creek Indians west of the Mississippi, at Fort Gibson, on the 14th day of February, 1833, by which a country was provided for the Seminoles in pursuance of the existing arrangements between the United States and that tribe. And Whereas, the special delegation, appointed by the Seminoles in pursuance of the existing arrangements, between the United States and that tribe. And, whereas, the special delegation, appointed by the Seminoles on the 9th day of May, 1832, have since examined the land designated for them by the undersigned commissioners, on behalf of the United States, and have expressed themselves satisfied with the same, in and by their letter dated, March 1833, addressed to the undersigned Commissioners. Now, therefore, the commissioners aforesaid, by virtue of the power and authoriy in them vested by the treaty made with the Creek Indians on the 14th day of February 1833, as above stated, hereby designate and assign to the Seminole Tribe of Indians, for their separate future residence, forever, a tract of country lying between the Canadian river and the north fork thereof, and extending west to where a line running north and south between the main Canadian and North branch, will strike the forks of Little river, provided said west line does not extend more than twentyfive miles west from the mouth of said Little river. And the undersigned Seminole chiefs, delegated as aforesaid, on behalf of their Nation hereby |