September 3, 1863
A Treaty of Cession and Indemnity, made at Sac & Fox Agency, in Kansas, September 3, 1863, between the United States, represented by William P. Dole, Commissioner of Indian Affairs, and Wm. G. Coffin, Sup't of Indian Affairs for the Southern Superintendency, and the Creek Nation, represented by its Chiefs.
Preamble.
Whereas the existing Treaties between the United States and the Creek nation have become insufficient to meet their mutual necessities;
And whereas the United States desires to furnish, in the Indian Territory, homes for numerous Indian tribes now resident in different States and anxious to remove to a region remote from the influences of white men as neighbors;
And whereas the Creeks have a larger country than they require and are desirous of securing its settlement by other nations of their own race;
And whereas, by reason of their fidelity to previous Treaty stipulations with the United States, they have incurred the animosity of parties in rebellion against the Government, and have been driven from their country, with losses which, though of an amount insignificant to a powerful people, are yet grievous to them, and which losses, the United States, by virtue of former treaties of alliance and protection, was solemnly bound to prevent, and should now make good;
Now, therefore, the representatives of both nations, assembled at the Sac & Fox Agency in Kansas, this third day of September, A.D. One thousand eight hundred and sixty three, mutually stipulate and agree on behalf of their respective nations, as follows:
Article First.
There shall be perpetual peace and friendship between the parties to this Treaty forever; and the Creeks bind themselves to remain firm allies and lieges of the United States, and, so long as grass grows and water runs, never to take arms against the Government, but always faithfully to aid in putting down its enemies. They also agree to remain at peace with all other Indian tribes; and, in return, the United States guaranties them quiet possession of their country, after the close of the present rebellion, and protection against hostilities on the part of such tribes. In the event of such hostilities, the United States agree that the tribes commencing and prosecuting the same, shall, as far as may be practicable, make just reparation therefor. To ensure this protection, the Creeks consent to a military occupation of their country, at any time, by the United States; and the latter agrees to station and continue in said country from time to time, at its own expense, such force as may be necessary for that purpose.
Article II.
The Creeks, recognizing the necessity, justice and humanity of the Emancipation Proclamation issued by the President of the United States, January 1st, 1863, do cheerfully accept and ratify the same for their own nation, and hereby solemnly covenant that henceforth, in said nation, slavery shall not exist. And inasmuch as there are amongst them many persons of African descent who have no interest in the soil, it is stipulated that, hereafter, these persons and their descendants, and such others of the same race as shall be permitted by said nation to settle there, shall have the right to occupy and possess such portions of land as may be set apart for their use by the chiefs thereof; and that the laws of said nation shall be equally binding upon all persons, of whatever race, coming therein.
Article III.
The Creeks hereby cede to the United States, for the exclusive occupation of such Indian tribes as may, with the consent of the latter, choose to remove therein, a tract of their land located and described as follows: Commencing at the point where the eastern boundary of the Creek nation crosses the Arkansas river, and running north to the northern boundary of said country; thence west forty miles; thence south to the Arkansas river; thence easterly down said river to the place of beginning.
And in consideration of said cession, and of the general good conduct of the Creek nation heretofore, the United States agrees to pay the sum of Two Hundred Thousand Dollars; said sum to remain in the Treasury of the United States, in trust, a perpetual fund, and an annual interest of five per cent to be paid thereon for the benefit of said Creek nation, in money, or in payment for such mechanical labor or useful articles as the Secretary of the Interior may from time to time direct.
The remaining portion of the Creek country shall be maintained in their possession as a home for said nation forever.
Article IV.
The United States acknowledges the validity of all existing Treaty stipulations with the Creek nation, not inconsistent with the provisions hereof, and so far as the members of said nation have the Secretary of the Interior for his approval or disapproval.
Article V.
On the return of the Creeks to their own country the United States shall furnish them with Agricultural implements to the amount of One Thousand Dollars; and in case of any claims for compensation being allowed as provided in Section four, said amount of One thousand dollars shall be deducted from the amount allowed before it payment.
Article VI.
No person shall hereafter be licensed to trade in the Creek country, by the United States, unless said license shall first have been recommended by a majority of the Chiefs.
Article VII.
The council of the Creek nation, hereafter shall have power to appropriate from their annuities, for the payment of services of their Chiefs, an annual amount not to exceed One Thousand Dollars; and hereafter, all payments of annuities by the United States to the Creeks, shall be made per capita.
Article VIII.
Inasmuch as there is upon the tract herein ceded to the United States, a school building belonging to the Creek nation, it is stipulated that whenever the land upon which said building is located, shall be granted to any other tribe for occupation, as herein provided, the United States shall endeavor to secure payment for its full value, and shall add to the fund of said nation, any amount thus obtained.
Article IX.
Nothing herein contained shall be so construed as to prevent the Chiefs and Council of the Creek nation from receiving back any of the absentees, or persons in rebellion against the United States, upon such conditions as said nation may impose; but no persons thus returning shall be entitled to compensation for damages under the provisions of this treaty, or be allowed to hold any office of profit or trust in the nation, unless he shall first have proven to the satisfaction of the Secretary of the Interior, that he has at all times remained loyal to the United States.
Done at the Sac & Fox Agency this day and year first above written.
Wm. P. Dole
Commissioner of Indian Affairs
W. G. Coffin
Sup't of Indian Affairs
Southern Superintendency