Page:United States Statutes at Large Volume 7.djvu/427

 ARTICLES OF AGREEMENT AND CONVENTION, Made and concluded at Fort Gibson, between Zlfontfort Stokes, Feb. 14, 1833. Henry L. Ellsworth and John F. Schermerhorn, Commissioners on the part of the United States, and the undersigned Chiefs April 12. 1834l and Head-men cy" the Muslsogee or Creek nation if Indians, this 14th day of February, A. D. ]833. \Vm;iznAs, certain articles of a treaty were concluded at the City of preamble Washington, on the 24th day of January one thousand eight hundred Ante. P- 286 and twenty-six, by and between James Barbour, Secretary of \Var, on behalf of the United States, and the Chiefs and head-men of the Creek nation of Indians; by which it is agreed that the said Indians shall remove to a country west of the Mississippi river: and whereas the sixth article of said treaty provides as follows :—" that a deputation of five persons shall be sent by them, (the Creek nation) at the expense of the United States, immediately after the ratification of the treaty, to examine the country west of the Mississippi, not within the limits of the States or Territories, and not possessed by the Choctaws or Cherokees. And the United States agree to purchase for them, if the same can conveniently be done upon reasonable terms, wherever they may select, a country, whose extent shall in the opinion of the President, be proportioned to their numbers. And if such purchase cannot be thus made, it is then agreed that the selection shall be made where the President may think proper, just reference being had to the wishes of the emigrating party."And whereas, the Creek Indians aforesaid, did send five persons as delegates, to explore the country pointed out to them by their treaty; which delegates selected a country west of the Territory of Arkansas, lying and being along and between the Verdigris, Arkansas, and Canadian rivers: and, to the country thus selected, a party of the Creek Indians emigrated the following year. And whereas certain articles of treaty or convention, were concluded at the city of W'ashington on the 6th day of May, A. D. one thousand eight hundred and Ame p_ 3U_ twenty-eight, by and between James Barbour Secretary of War, on ’ behalf of the United States, and certain chiefs and head-men of the Cherokee nation of Indians; by the second article of which convention, a country was assigned to the Cherokee Indians aforesaid, including within its boundaries some of the lands previously selected and claimed by the Creek Indians, under their treaty aforesaid. And whereas, the President and Senate of the United States, for the purpose of protecting the rights secured to the Creek Indians, by their treaty stipulations, and with a view to prevent collision and misunderstanding between the two nations, ratified and confirmed the Cherokee treaty, on the 28th day of May, 1828, with the following proviso: viz.-"Pr0vided, nevertheless, that the said convention shall not be so construed as to extend the northern boundary of the perpetual outlet west, provided for and guarranteed in the second article of said convention, north of the 36th deg. of north latitude, or so as to interfere with the lands assigned, or to be assigned, west of the Mississippi river to the Creek Indians, who have emigrated or may emigrate from the States of Georgia and Alabama, under the provisions of any treaty or treaties heretofore concluded between the United States and the Creek tribe of Indians: And provided further, that nothing in the said convention shall be construed 53 (417)