September 24, 1789
Articles of peace and amity agreed upon between the President of the United States of America, in behalf of the said States, by the underwritten commissioners plenipotentiary, on the one part, and the undersigned kings, head-men, and warriors, of all the Creeks, in behalf of themselves and the Creek nation, on the other.
ARTICLE 1.
There shall be a perpetual peace and friendship between all the citizens of the United States of America, and all the towns, tribes, and individuals, of the Upper and Lower Creeks.
ART. 2.
The boundary between the citizens of the said United States and the Creeks, is, and shall be, from where the former line strikes the river Savannah; thence, up the said river, to a place on the most northern branch of the same, commonly called the Keeowee, where a northeast line, to be drawn from the top of the Occunna mountain, shall intersect; thence, along the said line, in a southwest direction, to Tugaloe river; thence to the top of the Currahee mountain; thence, to the head of the most southern branch of the Oconee river, that is to say, the river Apalachy, including all the waters of the same; thence, down the said river, to the confluence of the Oakmulgee; thence, on a south west direction, to the most southern part of the river St. Mary; thence, down the said river, to the old line.
ART. 3.
The Supreme Executive of the United States solemnly guaranties to the Creeks all their remaining territory, against all aggression or unjust usurpation whatever, and will support the said guarantee, if necessary, by a line of military posts.
ART. 4.
The said Indian chiefs, for themselves, and their respective towns and tribes within the limits of the United States, do acknowledge the Creeks to be under the protection of the supreme authority of the United States, and of no other sovereign whosoever; and, also, that they are not to hold any treaty with an individual State, or with individuals of any State.
ART. 5.
If any citizen or citizens of the United States shall presume to settle upon the lands guarantied to the Creek nation by this treaty, he or they shall be put out of the protection of the United States, and the Creeks may punish him or them if they shall think proper.
ART. 6.
For the mutual advantage of the contracting parties, it is stipulated, that a free trade and friendly intercourse shall always be maintained between them; and, for the particular benefit of the said Creek nation, it is farther stipulated, that a secure post shall be established, at a place known by the name of Beard's Bluff, on the river Altamaha, or, if that shall be found inconvenient, at such other place as shall hereafter be agreed upon; into which, or from which, the Creeks may import or export all the articles of goods and merchandise necessary to the Indian commerce, on the same terms as the citizens of the United States: Provided, That the number of arms, and quantity of ammunition, shall not exceed their annual necessary supply for hunting. And if any just apprehension should be entertained by the Creeks, for the safety of the goods and merchandise, so imported or exported, the Supreme Executive of the United States will take effectual measures for protecting the same, by stationing a body of regular troops at the said post.
ART. 7.
The General Government of the United States having, the sole and exclusive right of regulating the trade between their citizens and the Indians, within the limits of their territories, will, as soon as may be, adopt an equitable system for the prevention of injuries and oppressions on the citizens or Indians; and, in the mean time, all traders, citizens of the United States, shall have liberty to go to any towns or tribes of the Creeks to trade with them, and they shall be protected in their persons and property, and kindly treated.
ART. 8.
If any Indian or Indians, or persons residing among the Creeks, or who shall take refuge in their nation, shall commit a robbery or murder, or other capital crime, on any citizen of the United States of America, or person under their protection, the tribe to which such offender may belong, or the nation, shall be bound to deliver him or them, to be punished according to the laws of the United States: Provided, The punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.
ART. 9.
And if any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime, on any Indian, such offender shall be punished in the same manner as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America, and the punishment shall be in presence of some of the Creeks, if any will attend; and that they may have an opportunity so to do, proper notice, if practicable, of the time and place of such intended punishment, shall be sent to some one of the tribes.
ART. 10.
It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall never be practised on either side.
ART. 11.
The kings, head-men, and warriors, of the Creek nation, will restore to their liberty all prisoners, citizens of the United States, now in that nation; and they will also restore all negroes, and all other property taken from citizens of the United States, during the late hostilities, to such person or persons as shall be appointed by the Governor of the State of Georgia to receive them.
ART. 12.
The Creeks shall give notice to the citizens of the United States, of any designs which they may know, or suspect to be formed, in any neighboring tribe, or by any person whosoever, against the peace, free trade, and interest, of the United States.
ART. 13.
All animosities for past grievances shall henceforth cease; and the contracting parties will carry the foregoing treaty into full execution, with all good faith and sincerity.