sue in the courts of any of the States of ARTICLE LXV. It is hereby further agreed by the Confederate States Creeks entitled that all the members of the Creek Nation as hereinbefore defined, shall to own land, and be henceforward competent to take, hold and pass, by purchase or descent, lands in any of the Confederate States heretofore or hereafter acquired by the C. S. them, and to sue and implead in any of the courts of each of the States, in the same manner and as fully, and under the same terms and restrictions and the same conditions only as citizens of another of the Confederate States can do. ARTICLE LXVI. A general amnesty of all past offences against the laws Amnesty. of the United States, and of the Confederate States, committed in the Indian country before the signing of this treaty, by any member of the Creek Nation, as such membership is defined by this treaty, is hereby decleared; and all such persons, if any, whether convicted or not, imprisoned or at large, charged with any such offence, shall receive from the President full and free pardon and be discharged. penses of Creek ARTICLE LXVII. It is also further agreed that the sun of sev n hundred Payment of exand fifty dollars shall be appropriated, upon the ratification of this treaty, penses by the Congress of the Confederate States, to pay the expenses of the Commissioners of the Creek Nation who have negotiated the same, and that the same shall be paid to the Principal Chief, Motey Kinnaird, who shall distribute the same among the Commissioners as they shall agree and direct. ARTICLE LXVIII. This treaty shall take effect and be obligatory upon the contracting parties, from the tenth day of July, in the year of our Lord one thousand eight hundred and sixty-one, whenever it shall be ratified by the General Council of the Creek Nation, and by the Provisional President and Congress, or the President and Senate of the Confederate States. In perpetual testimony whereof, the said Albert Pike, as Commissioner, with plenary powers, on the part of the Confederate States, doth now hereunto set his hand and affix the seal of his arms, and the undersigned, the Commissioners appointed in this behalf by the General Council of the Creek Nation, do hereunto set their hands and affix their seals. SEAL. Done in duplicate, at the place, and upon the day, in the year first aforesaid. ALBERT PIKE, Commissioner of the Confederate States to the Indians west of Arkansas. When to take effect. MOTY KINNIARD, JOHN L. SMITH, TIM BARNETT, W. F. MCINTOSH, Principal Chief Upper Creeks. GEO. W. BRINTON, OK-CHUN HACHO, CO-AS-SAT-TI FIX-I-KO, M. H. GARRETT, C. S. Agent. G. W. STIDHAM, C. S. Interpreter. W. WARREN JOHNSON, WM. QUESENBERRY, Secretary to Commissioner. H. S. BUCKNER, W. L. PIKE. the Creek nation. Ratinoan by WHEREAS, a treaty of alliance and friendship was made and concluded, subject to the ratification of the general council of the Creek Nation, on the tenth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, by and between Albert Pike, Commissioner with plenary powers, of the Confederate States of America, on the part and behalf of the Confederate States, and Motey Kinnaird, Principal Chief, Ibo Hacho, First Chief of the Upper Creeks, Chilly McIntosh, Louis McIntosh, James M C. Smith, Geo. W. Stidham, Thomas C. Carr, John L. Smith, Timothy Barnett, William F. McIntosh, George W. Brinton, Ok-Chun Hacho, Co-as-sa-ti Fixico, Joseph Cornells, George W. Walker, Samuel Chicote and Daniel N. McIntosh, a Committee appointed by the General Council of Mus-ko-ki Nation, at the North Fork Village, on the North Fork of the Canadian River, in the said Creek Nation; and whereas by the forty-ninth article thereof, it is provided in these words, that This Treaty shall take effect and be obligatory upon the contracting parties, from the tenth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, whenever it shall be ratified by the General Council of the Creek Nation, and by the Provisional President and Congress, or the President and Senate of the Confederate States;" Now therefore be it known, That the Creek or Mus-ko-ki Nation, in General Council assembled, on this, the twentieth day of July, in the year of our Lord, one thousand eight hundred and sixty-one, at the Council Ground of the said nation, having maturely considered the said treaty, and every article and clause thereof, and being satisfied therewith, doth upon its part, assent to, ratify and confirm the same, as its solemn act and compact, as is therein stipulated, and doth direct that a copy of this ratification signed by the Principal Chief and National Clerk be annexed to each part of the said treaty for authentication thereof. This done and approved, the day and year aforesad. A true copy of the original act of ratification, as adopted by the General Council. MOTEY KINNAIRD, Attest: D. N. MCINTOSH, National Clerk. Signed and attested in our presence. C. S. Agent for the Creeks. G. W. STIDHAM, C. S. Interpreter for the Creeks. Names of the Chiefs who signed the treaty concluded on the 10th day of July, 1861, and approved by the General Council of the Creek Nation on the 20th July, 1861, between the Confederate States of America and the Creek Nation of Indians: To the treaty concluded between the Confederate States of America and July 10, 1861 the Creek Nation of Indians, at the North Fork Village, in the Creek Nation, on the tenth day of July, in the year of our Lord, one thousand eight hundred and sixty-one. ARTICLE. The survivors now residing in the Creek Nation, of the Apalachicola Band of Indians, have earnestly represented to the commissioner of the Confederate States the facts following, that is to say: 4 That the Apalachicola Band of Indians, being by origin a part of the Creek Nation, long resided on the Apalachicola river, in what is now the State of Florida, and were parties to the treaty concluded at camp Moultrie, with the Florida tribes of Indians, on the eighteenth day of September, A. D., one thousand eight hundred and twenty three. That by two treaties, made and concluded with the United States on the eighteenth day of June, A. D., one thousand eight hundred and twentythree, by different portions of the said Apalachicola Band, the chiefs and warriors of that band relinquished all the privileges to which they were entitled as parties to the treaty aforesaid, concluded at camp Moultrie, and all their right and title to certain reservations by it secured to them; and in consideration of that cession, the United States agreed to graut, and to convey within three years, by patent, to certain named chiefs, for the benefit of themselves and of the sub chiefs and warriors of the said Apalachicola Band, the quantity, in all, of six sections of land, to be laid off under the direction of the President, after the lands should have been surveyed. That it was provided by the same two treaties that the said six sections of land might be disposed of by the chiefs, with the consent and advice of the Governor of Florida, at any time before the expiration of said term of three years, and that the said band might thereupon migrate to a country of their choice. And it was further thereby provided, that if, at any future time, the chiefs and warriors of the Apalachicola Band should feel disposed to migrate from Florida to the Creek and Seminole country west, they might either sell the grants of land made by those treaties, and in that case must, themselves, bear the whole expense of their migration, subsistence, &c.; or they might surrender to the United States all the rights and privileges acquired under said two treaties, in which case, they should become parties to the obligations, provisions, and stipulations of the treaty of Payne's Landing, made with the Seminoles ou the ninth day of May, A. Preamble C. S., upon res D., one thousand eight hundred and thirty-two, as a constituent part of that tribe, and re-unite with that tribe in their abode west, in which case the United States would pay six thousand dollars for the reservations in that case relinquished by the first article of the said two treaties. That in the hostilities that afterwards took place between the Creeks and Seminoles and the United States, the said Apalachicola Band remained loyal to the United States, and maintained their peace and friendship unbroken; but, in the year 1837, they were induced by the urgent solicitation of the emigrating agent of the United States, to remove from the country occupied by them in Florida, to the Indian country west of Arkansas, leaving the lands so granted them as aforesaid, and a large number of horses, mules, cattle, hogs, wagons, and other articles which they could not collect together and carry with them, and which the said enigrating agent persuaded them to leave in his charge, on his promise that the owners should be paid the value of all such their property, in money, by the agent of the United States, on their arrival in the country provided for them on the west side of the Mississippi; a schedule of all of which property so abandoned, and of its value, and of the improvements on lands abandoned by them, and the value of each, is annexed to this article, and forms a part of it. That, by the treaty of Payne's Landing, made on the ninth day of May, A. D., one thousand eight hundred and thirty-two, the United States agreed to pay the Seminole Indians, in full compensation for all their claim to lands in the Territory of Florida, and for all improvements on the lands so ceded, the sum of fifteen thousand four hundred dollars, to be divided among the chiefs and warriors of the several towns in a ratio proportioned to their population; and they further agreed to take the cattle belonging to the Seminoles, at the valuation of some person to be appointed by the President, and to pay the valuation, in money, to the respective owners, or give them other cattle; and the expenses of removal were to be paid by the United States, and subsistence for twelve months, to all emigants, furnished by them; And that no compensation has ever been made any of the said Apalachicola Band, for the lands or improvements so abandoned by them, or for the horses, mules, cattle and other property abandoned by them; nor have they ever received any part of the annuities paid the Seminole or Creek Nation since their removal west, or been recognized as an integral part of the Seminole Nation, as it was provided they should be; And, inasmuch as the forced emigration of the said band, and their surrender and abandonment of their lands, improvements, horses, cattle and other property in consequence thereof, was equivalent, as against the United States, to an election, by them, to surrender the rights, privileges secured by the treaties of the 18th June, 1833, and to claim the rights and privileges thereby vesting in them, as parties to the treaty of Payne's Landing, of the 9th of May, 1832; Therefore, it is hereby agreed by the Confederate States of America, by teration of peace Albert Pike, its Commissioner, with full powers, with the members and to investigate and survivors of the Apalachicola Band of Florida Indians, that upon and after of Apalachicola the restoration of peace, the said claims of the members of that Band, to pay certain claims Indians. such compensation for the loss of the lands, improvements, horses, cattle, mules and other property, shall be fairly investigated, in a generous and liberal spirit, by an officer or commissioners, to whom that duty shall be assigned by the Confederate States; and that whatever shall appear, upon investigation, to be justly or equitable owing to members of the said band, on account of such losses as aforesaid, shall be paid to the persons origi nally entitled to the same, or to the legal representatives of such of them as may be deceased. of Seminoles. And it is also further agreed, that the foregoing provisions of this article Also, claims of shall extend to, and include the claims for losses of the same kind, by Black Dirt's Band members of Black Dirt's Band of friendly Seminoles, who lost property in like manner, in consequence of their hurried removal west, as the same is contained in the schedule thereof, marked B, annexed to this article. Also, claims to And it is also agreed that the claims to money, in lieu of bounty land warrants, of the persons whose names and those of their heirs are con- money in lieu of tained in the schedule marked C, annexed to this article, shall in like land warrants. manner, and at the same period, be investigated, and so far as they shall be found to be well founded, shall be paid by the Confederate States. In perpetual testimony whereof, the said Albert Pike, Commissioner, with full powers, of the Confederate States of Ameria, doth hereunto set his hand and affix the seal of his arms. SEAL. Thus done, signed and sealed, at the North Fork Village, Commissioner of the Confederate Sbutes to the Indian Nations vet af Arkansas. 20 |