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Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
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| Third and fourth articles of treaty of Nov. 23, 1838, annulled and fund to be divided. |
Supplementary article to the treaty with the Creek tribe of Indians made and concluded at Fort Gibson the twenty-third day of November, in the year eighteen hundred and thirty-eight.
Whereas the third article of said treaty provided for the investment by the United States of the sum of three hundred and fifty thousand dollars for the benefit of certain individuals of the Creek nation, but which sum remains uninvested; and the fourth article of the same treaty further provides that at the expiration of twenty-five years from the date thereof, the said sum of three hundred and fifty thousand dollars shall be appropriated for the common benefit of the Creek nation; which provision has caused great dissatisfaction, the individuals to whom the fund rightfully belongs never having authorized or assented to such a future disposition thereof; and whereas the chiefs and people of the Creek nation recognize and consider the said fund as the exclusive property of said individuals, and are opposed to their hereafter being deprived thereof; and whereas the annual interest thereon is of no advantage to the great body of the persons to whom it is payable, and the distribution of the principal of the fund would be far more beneficial for them and prevent probable contest and difficulty hereafter; and such distribution has been requested by the chiefs representing both the nation and the individual claimants of said fund, the following supplementary article to the aforesaid treaty of 1838, has this day been agreed to and entered into, by and between William H. Garrett, United States agent for the Creeks and Tuckabatche Micco, Hopoithle Yoholo, Benjamin Marshall, and George W. Stidham, chiefs and delegates of the Creek nation duly empowered to represent and act for the same and the individuals thereof to wit:
It is hereby agreed and stipulated by and between the aforementioned parties, that the third and fourth articles of the treaty with the Creek nation of November 23, 1838, shall be and the same are hereby annulled; and the fund of three hundred and fifty thousand dollars therein mentioned and referred to shall be divided and paid out to the individuals of said nation for whose benefit the same was originally set apart, according to their respective and proportionate interests therein, as exemplified and shown by the schedule mentioned in the second article of said treaty; the said division and payment to be made by the United States so soon as the necessary appropriation for that purpose can be obtained from Congress.
In testimony whereof the said parties have hereunto set their hands and seals on this thirteenth day of June in the year of our Lord one thousand eight hundred and fifty-four.
W. H. Garrett, United States agent for the Creeks. [L. S.]
Tuckabatche Micco, his x mark, [L. S.]
Hopothlegoholo, his x mark, [L. S.]
B. Marshall, [L. S.]
G. W. Stidham, [L. S.]
Signed and sealed in the presence of—
James Abercrombie, Sen.
Andrew R. Potts,
Robert A. Allen,
Philip H. Raiford.
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