Transcription of Indian Springs Removal Treaty of February 12, 1825

This Indian removal treaty transcribed below was signed on February 12, 1825, and ratified by the Senate on March 7, 1825. It was signed by a minority group of Creek Indians, led by William McIntosh and was widely disputed as invalid by the Creeks. The Creek chiefs protested intensely and sent a delegation to Washington D. C to lodge an official complaint. On April 30, 1825, William McIntosh’s house was set on fire by the Creeks and when McIntosh and Tustunnuggee, another Creek chief who signed the treaty, tried to escape from the house, they were killed. This treaty was replaced by the 1826 Treaty of Washington which allowed the Creeks to keep about three million acres.

INDIAN TREATY

(Transcribed from Alabama State Gazette, Cahaba, Alabama April 3, 1825)

Articles of a convention, entered into and concluded at the Indian Springs, between Duncan G. Campbell, and James Merriwether, Commissioners on the part of the United States of America, duly authorized, and the Chiefs of the Creek Nation, in Council assembled.

William McIntosh, chief of the Lower Creek Indians in Georgia on display at the Archives in Montgomery, Alabama

Whereas, the said Commissioners, on the part of the United States, have represented to the said Creek Nation, that it is the policy and earnest wish of the General Government, that the several Indian tribes within the limits of any of the states of the Union, should remove to a territory to be designated on the west side of the Mississippi river, as well for the better protection and security of the said tribes, and their improvement in civilization, as for the purpose of enabling the United States, in this instance to comply with the compact entered into with the state of Georgia, on the twenty fourth day of April, in the year one thousand eight hundred and two; And the said Commissioners having laid the late message of the President of the United States, upon this subject, before a General Council of said Creek Nation, to the end that their removal might be effected upon terms advantageous to both parties:

And whereas the Chiefs of the Creek Towns have assented to the reasonableness of said proposition, and expressed a willingness to emigrate beyond the Mississippi, those of Tukauhatchee excepted.

These presents therefore witness, that the contracting parties have this day entered into the following convention:

Act. 1. The Creek Nation cede to the United States all the lands lying within the boundaries of the state of Georgia, as destined by the compact herein before cited, now occupied by said Nations, or to which said nation have title or claim: and also, all other land which they now occupy, or to which they have title or claim, lying north and west of a line to be run from the first principal falls upon the Chatahoochie (sic) River, above Cowetan Town, to Ockfuskee Old Town, upon the Tallapoosa, thence to the falls of the Coosaw (sic) River, at or near a place called the Hickory Ground.

Act. 2. It is further agreed between the contracting parties, that the United States will give, in exchange for the lands hereby acquired, the like quantity, acre for acre, westward of the Mississippi, on the Arkansas River, commencing at the mouth of the Canadian Fork thereof, and running westward between said Rivers Arkansas and Canadian Fork, for quantity. But whereas said Creek nation have considerable improvements within the limits of the territory hereby ceded, and will moreover have to incur expenses in their removal, it is further stipulated that, for the purpose of rendering a fair equivalent for the losses and inconveniences which said nation will sustain by removal, and to enable them to obtain supplies in their new settlement, the U. States agree to pay to the Nation, emigrating from the lands herein ceded, the sum of four hundred thousand dollars, of which amount there shall be paid to said party of the second part, as soon as practicable, after the ratification of this treaty, the sum of two hundred thousand dollars. And as soon as the said party of the second part shall notify the Government of the United States of their readiness to commence their removal, there shall be paid the further sum of one hundred thousand dollars. And the first year after said emigrating party shall have settled in their new country, they shall receive of the amount first above named the further sum of twenty-five thousand dollars. And the second year, the sum of twenty-five thousand dollars. And annually thereafter, the sum of five thousand dollars, until the whole is paid.

Act. 3. And whereas the Creek nation are now entitled to annuities of thirty thousand dollars each, in consideration of cessions of territory heretofore made, it is further stipulated that said last mentioned annuities are to be hereafter divided in just proportion between the party emigrating and those that may remain.

Act. 4. It further stipulated that a deputation from the said parties of the second part, may be sent out to explore the territory herein offered them in exchange; and if the same be not acceptable to them, they may select any other territory, west of the Mississippi, on Red, Canadian, Arkansas, or Missouri Rivers — the territory occupied by the Cherokees and Choctaws excepted; and if the territory so to be selected shall be in the occupancy of other Indian tribes, then the United States will extinguish the title of such occupants for the benefit of said emigrants.

Act. 5. It is further stipulated, at the particular request of the said parties of the second part, that the payment and disbursement of the first sum herein provided for, shall be made by the present Commissioners negotiating this treaty.

Act. 6. It is further stipulated that the payments appointed to be made, the first and second years, after settlement in the West, shall be either in money, merchandise, or provisions, at the option of the emigrating party.

Act. 7. The United States agree to provide and support a blacksmith and wheelright for the said party of the second part, and give them instruction in agriculture as long, and in such manner, as the President may think proper.

Act. 8. Whereas the said emigrating party cannot prepare for immediate removal, the United States stipulate for their protection against the encroachments, hostilities, and the impositions of the whites, and of all others; but the period of removal shall not extend beyond the first day of September, in the year eighteen hundred and twenty-six.

Act. 9. This treaty shall be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the consent of the Senate thereof.

In testimony whereof, the Commissioners aforesaid, and the Chiefs, and Head Men of the Creek nation, have hereunto set their hands and seals, this twelfth day of February, in the year of our Lord one thousand eight hundred and twenty-five.

ALABAMA FOOTPRINTS Banished: Lost & Forgotten Stories (Volume 8)

ALABAMA FOOTPRINTS Banished reveals true stories, documents and news articles from this sad time in Alabama’s history. Some stories include: