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To the treaty concluded between the Confederate States of America and July 10, 1801 the Creek Nution of Indians, at the North Fork Villaye, in the Creek --Nution, 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 Stutes the facts following, that is to say: . 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, 11. D., one thousand eight hundred and twenty three.
That by two treaties, made an I concluded with the United States on the eighteenth day of June, A. D., one thousand cight hundred and twentythree, by different portions of the saii! Apalachicola Band, the chiefs and warriors of that band relinquished all the privileges to which they were entiileil 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 grant, 2 to convey within three years, by patent, to certain named chiefs, for the beuefit 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 on the ninth day of May, A.
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 A palachicola 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 eni. grating agent persuaded them to leave in his charge, on bis 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 abaudoned 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 titteen 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 erer 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 Payue's
Landing, of the 9th of May, 1832; C. S., upon res. Therefore, it is hereby agreed by the Confederate States of America, by toration of peace Albert Pike, its Commissioner, with full powers, with the members and to investigate and survivore of the Analachico
a survivors of the Apalachicola Band of Florida Indians, that upon and after pay certain claims or Apalachicola the restoration of peace, the said claims of the members of that Band, to
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 sball be assigned by the Confederate States, and that whatever shall appear, upon such 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 originally entitled to the same, or to the legal representatives of such of them as may be deceased..
And it is also further agreed, that the foregoing provisions of this article Also, claims in shall extend to, and include the claims for losses of the same kind, by Black Dirt's Dani members of Black Dirt's Band of friendly Seminoles, who lost property in oi like manner, in consequence of their hurried removal west, as the same is contained in the schedule thereof, marked B, annexed to this article.
And it is also agreed that the claims to nioney, in lieu of bounty land Also, claims to warrants, of the persons whose names and those of their heirs are con- money in lieu vf tained in the schedule marked C, annexed to this article, shall in like laku K 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 aflix the seal of his arins.
on the North Fork of the Canadian river, this tenth day of
I certify that the foregoing three folios constitute Schedule A, of the article supplementary to the Creek Treaty, to which are they attached, and so form a part thereof.
ALBERT PIKE, Commissioner of the Confederate States to the Indian Nations west of