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TREATY WITH THE CREEK NATION.
JULY 10TH, 1861.
A TRZATY OF FRIENDSHIP AND ALLIANCE,
Mide and concluded at the North Forlc Village, on the North Fork of the July 10, 1861.
Canadian river, in the Creck Nation, west of Arkansas, on the tenth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, between the Confederate States of America, by Albert Pike, Commissioner, with plenary powers, of the Confederate Stutes, of the one part, and the Creek Nution of Indians, by its Chiefs, Head Men and Warriors in General Council assembled, of the other part.
The Congress of the Confelerate States of America, having, by “ An Proambie. act for the protection of certain Indian tribes," approved the twentyfirst day of May, in the year of our Lord, one thousand eight hundred and sixty-one, offered to assume and accept the protectorate of the several nations and tribes of Indians occupying the country west of Arkansas and Missouri, and to recognize them as their wards, subject to all the rights, privileges and immunities, titles and guarantees with each of said nations and tribes under treaties made with them by the United States of America ; and the Creek Nation of Indians having assented thereto upon certain terms and conditions :
Now, therefore, the said Confederate States, by Albert Pike, their Commissioner, constituted by the President under authority of the act of Congress in their behalf, with plenary powers for these purposes, and the Creek Nation, in General Council assembled, have agreed to the following articles, that is to say:
ARTICLE I. There shall be perpetual peace and friendship, and an Peace and friendalliance offensive . and defensive, between the Confederate States of ship perpetual. America, and all of their States and people, and the Creek Nation of Indians, and all its towns and individuals.
ARTICLE II. The Creek Nation of Indians acknowledges itself to be Terms upon under the protection of the Confederate States of America, and of no which the Conte other power or sovereigo whatever; and doth hereby stipulate and agree resultissime as may not be contrary to this treaty, or inconsistent with its obligations to the Confederate Stutes; and the said Confederate States do hereby assume and accept the said protectorate, and recognize the said Creek Nation as their ward; and by the consent of the said Creek Nativn, now here freely given, the country whereof it is proprietor in fee, as the same s hereinafter defined, is annexed to the Confederate States, in the same manner and to the same extent as it was annexed to the United States of America before that government was dissolved, with such inodifications, however of the terms of annexation, and upon such conditions, as are hereinafter expressed, in addition to all the rights, privileges, immunities, titles and guarantees with or in favor of the said nation, under treaties made with it, and under the statutes of the
reigo whatever; and doch hereby stipulate and agree and accept the prowith them that it will not hereafter, nor shall any of its towns or indi-tectorate of ibs viduals, contractany alliance or enter into any compact, treaty or agreement Creek nativa. with any individual State or with a foreign power : Provided, That it may make such compacts and agreements with neighboring nations and tribes of Indians for their mutaal welfare and the prevention of difficulties
United States of America. Loundaries ARTICLE III. The following shall constitute and remain the bounda
ries of the Creek country, viz: Beginning at the mouth of the North Fork of the Canadian river, and running northerly four miles; thence running a straight line so as to meet a line drawn from the south bauk of the Arkansas river, opposite the cast or lower bank of Grand river, at its junction with the Arkansas, and which runs a course south fortyfour degrees west, one mile, to a post placed in the ground, thence along said line to the Arkansas and up the same to the Verdigris river. to where the old territorial line crosses it; thence along said lipe north to a point twenty-five miles from the Arkansas river where the old territorial line crosses the same; thence running west with the southern live of the Cherokee country to the North Fork of the Canadian river, where the boundary of the cession to the Seminole Nation defined in the first article of the treaty between the United States of America and the Creek and Seminole Nations, of August seventh, in the year of our Lord one thousand eight hundred and fifty-six, first strikes said Cherokee line; thence down said North Fork to wi ere the eastern boundary line of the said cession to the Seminole Nation strikes the same; thence with that line due south to the Canadian river, at the mouth of the Ok-baiap-po, or Pond creek; and thence down said Canadian river to the place
of beginning. Apreut of the ARTICLE IV. The Creek Nation hereby gives its full, free and Creek nation to act unqualified assent to those provisions of the act of Congress of the May 21, 1861, for
of Confederate States of America entitled “ An act for the protection of cartain Indian certain Indian tribes," approved the twenty-first day of May, in the triles.
year of our Lord one thousand eight hundred and sixty-one, whereby it was declared that all reversionary and other interest, right, title and proprietorship of the United States in, unto and over the Indian country in which that of said nation is included should pass to, and vest in, the Confederate States; and whereby the President of the Confederate States was authorized to take military possession of all said country; and whereby all the laws of the United States, with the exception hereinafter made applicable to, and in force in, said country and not inconsistent with the letter or spirit of any treaty stipulations entered into with the Creek Nation among others were re-enacted, continued in force,
and declared to be in force in said country, as laws and statutes of the Proviso. Confederate States : Provided, however, And it is hereby agreed between
the said parties that whatever in the said laws of the United States contained, is or may be contrary to, or inconsistent with, any article or provision of this treaty, is to be of none effect henceforward, and shall, upon the ratification hereof, be deemed and taken to have been repealed and annulled as of the present date, and this assent as thus qualified and condit oned, shall relate to, and be taken to have been given upon the said day of the approval of the said act of Congress.
be protection of
ARTICLE V. The Confederate States of America do hereby guarantee Guarantee of to the Creek Nation, to be held by it. to its own use and behoof in fee lands to the Creek simple forever, the lands included within the boundaries defined in the "aczon; preceding article of this treaty; to be held by the people of the said nation in common as they have heretofore boca bold, so long is grass shall grow and water run, if the said nation shall so please, but with power to di: pose power of making partition thereof and disposition of parcels of the of them same by virtue of laws of the nation duly enacted ; by which partition or sale, title in fee simple, absolute, shall vest in parceners and purchasers, whenever it shall please the nation of its own free will and accord and without solicitation from any quarter to do so; which solici. tation the Confederate States hereby solemnly agree never to use, and the title and tenure hereby guaranteed to the said nation, is and shall be subject to no other conditions, reservations or restrictions whatever than such as are hereinafter specially expressed.
ARTICLE VI None of the said lands hereby guaranteed to the Creek Lends god to be Nation, shall be sold, ceded, or otherwise disposed of, to any foreign sold to any foreign
pation, or to any nation or to any State or government whatever; and in case any such Stat sale, Cession or disposition should be made without the consent vs the ment wbatever. Confederate States, all the said lands shall thereupon revert to the Con- Penalty. federate States.
ARTICLE VII. The Confederate States hereby agree and bind them- Lands gran'ed selves that in guaranteeing to the Seminole Nation of Indians the coun- to Sominoles by
Creeks not to be try granted, ceded and conveyed to it by the Creek Nation, by the treaty sold
former of the seventh day of August, in the year of our Lord one thousand without eo sent of eight hundred and fifty-six, it shall be provided as it was in that treaty, lalter. that no part thereof shall ever be sold, or otherwise disposed of, by the said Seminole Nation without the consent of the Creek Nation formally and explicitly given.
ARTICLE VIII. The Confederate States of America do hereby solemnly No Stato or Teragree and bind themselves that no State or Territory shall ever pass laws ritory to pass laws for the government of the Creek Nation; and that no portion of the
Crooks. country hereby guaranteed to it shall ever be embraced o: included within or annexed to any Territory or Province; nor shall any attempt Creeks not to be ever be made, except upon the free, voluntary and unsolicited applica
4 any other territotion of the said nation, tu erect the said country, by itself or with any rial or pulirical or. other. into a State or any other territorial or political organization, or groization without
their full consent. to incorporate it intı any State previously created.
ARTICLE IX. So far as may be compatible with the Constitution of the Confederate States and with the laws made, enacted or adopted in conformity thereto, regulating trade and intercourse with the Indian tribes, as the same are limited and modified by this treaty, the Creek Gorernment. Nation shall possess the otherwise unrestricted ri.ht of self-corernment, and full jurisdiction, judicial and otherwise, over persons and property within their limits; excepting only such white persons as are not, by
t. by Restrictions. birth, adoption or otherwise members of either the Creek or Seminole Nation; and that there may be no doubt as to the meaning of this exception, it is hereby declared that every white person who, having married a Creek or Seminole woman, resides in the said Creek country, or who, without intermarrying, is permanently domiciled therein with the consent of the authorities of the nation, and votes at elections, is to be deemed and taken to be a member of the said ration, within the true Membership. intent and meaning of this article; and that the exception contained in the laws for the punishment of offences committed in the Indian country, to the effect that they shall not extend or apply to offences committed by one Indian against the person or property of another Indian, shall be so Punishment of extended and enlarged by virtue of this article when ratified, and with offences.
r government of
out further legislation, as that none of said laws shall extend or apply to any offence committed by any Indian, or negro, or mulatto, or by any such white person, so by birth, adoption or otherwise a member of such Creek or Seminole Nation, against the person or property of any Indian, negro, mulatto, or any such white person, when the same shall be committed within the limits of the said Creek Nation as herein before defined; but all such persons shall be subject to the laws of the Creek Nation, and to prosecution and trial before its tribunals, and to punishment according to such laws, in all respects like native members of the
said Creek Nation. Intruders to be ARTICLE X. All persons who are not members of either the Creek or kept out of the Seminole Nation, found in the Creek country, as hereinbefore limited, Creek country.
shall be considered as intruders, and be removed and kept out of the same, either by the civil officers of the nation under the direction of the Executive or the General Council, or by the agent of the Confederate States for the nation, who shall be authorized to demand, if necessary, the aid of the military for that purpose; with the following exceptions only, that is to say: Such individuals, with their families as may be in the employment of the government of the Confederate States; all per8ons peaccably travelling, or temporarily sojourning in the country, or trading therein under license from the proper authority; and such persons as may be permitted by the Creeks or Seminoles with the assent of the agent of the Confederate States, to reside within their respective
limits without becoming members of either of said tribes. Reservati«n of ARTICLE XI. The tract of two sections of land, selected by the Preslands for Indian ident of the United States, under the treaty with the Creek Nation, agency.
concluded on the twenty-fourth day of January, in the year of our Lord, one thousand eight hundred and twenty-six, at which the Creek Agency is now maintained, and whereon the public buildings of that agency have been erected is hereby reserved to the Confederate States in the same manner as the same was, by that treaty, reserved to the United States, and is not included in the guarantee of lands aforesaid, but shall be within the sole and exclusive jurisdiction of the Confederate States, except as to members of the Creek or Seminole Nation as above defined, all offences committed by whom thereon shall be punished by the laws
and courts of the said nation whenever they would be so punished if Proviso.
committed elsewhere in the nation : Provided, That whenever the agency for the said nation shall be discontinued by the Confederate States, and an agent no longer appointed, the said tract of two sections of land shall pass to and vest absolutely in the Creek Nation in the same
manner as its other lands with all the buildings that may be thereupon. Reseration of ARTICLE XII. The Confederate States shall have the right to build, laods for forts, establish and maintain such forts and military posts, temporary or permilitary posts and manent, and to make and maintain such military and post-roads as the
President may deem necessary, within the Creek country; and the quantity of one mile square of land, including each fort or post, shall be
reserved to the Confederate States, and within their sole and exclusive Restrictions. jurisdiction, so long as such fort or post is occupied; but no greater
quantity of land beyond one mile square shall be used or occupied, por any greater quantity of timber felled than of each is actually requisite; and if in the establishment of such fort, post, or roads, or of the agency, the property of any individual member of the Creek Nation, or any property of the nation itself, other than land, timber, stone and earth, be taken, destroyed or injured, just and adequate compensation shall be
made by the Confederate States. Night of way for ARTICLE XIII. The Confederate States or any company incorporated · ailroads or telo, Eraph lipes. by them, or any one of them, shall have the right of way for railroads or tele