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EXHIBIT NO. 32, G G.
To all to whom these presents shall come, greeting: I certify that the writings on the annexed paper, from pages 1 to 10, inclusively, have been carefully examined, in the absence of the originals, from which they were printed, and which cannot now be found, with the tenth volume of a work entitled "American State Papers, confidential," which was published by Thomas B. Wait, at Boston, in 1819, under the patronage of the United States, from pages 223 to 227 of that volume, inclusively, and found correct; and that all the "State Papers" in that compilation are believed by this department to be entirely authentic and correct.
In testimony whereof, I, Henry Clay, secretary of state of the United States, have hereunto subscribed my name, and caused the seal of the department of state to be affixed. Done at Washington, this twenty-seventh day of September, A. D. 1827, and of the independence of the United States of America the fifty-second.
Articles of convention, treaty, and pacification, stipulated and agreed on by the Spanish nation with the Tallapuche Indians, at the congress held for this purpose in the fort of Pensacola, the capital of West Florida, on the thirty-first day of May and first of June, 1784. In the name of God Almighty, be it known to all to whom these presents come, or may come, that we, Don Stephen Miro, colonel of the regiment of infantry established in Louisiana, and commandant charged with the civil and military government of that province, by order of his excellency the Count de Galvez, lieutenant general of the_royal armies, governor and captain general of the provinces of Louisiana and West Florida, Colonel Don Arthur O'Neil, governor, civil and military, of this town of Pensacola, Don Martin Navarro, intendant general of the said province, and Alexander McGillivray, principal representative of the towns of the Upper Tallapuchus, Middle Tallapuches, and Lower Tallapuches, called Seminoles or Wanderers, the Savannas or Joannis, and part of the Natchez and Chickasaws, stipulating in the name of all in general, and particularly for Abnegle, principal chief of the four towns of Tallasse, Ychaso or the Mad Dog, chief of the town of Tocopaache, Meeko Apohega, of that of Hudko-kaye, Taskiohuina, of that of Sihilahe, Opayaacho, of that of Pakano Tahalache, Tuskikina, of that of Cievale, Oeragula, of that of Atache, Opaye Meeko, of that of Ochiapo, Nenni Guaquichi, of that of Edoni, Meeko Detesqui, of that of Mongulasquin, Paychache, of that of Oyokoske, Opestle, of that of Yosala, Ayufalacho, of that of Taskiki Acca, Niacho, principal chief of Avechuchi and three towns of Avecas, Opaye, of that of Statilocalgo, Niachumaetuopaye, of that of Whihuoca, or the waters which follow, with the towns of Alibamas, Conchutis, and Tanachas, and the towns of Osashe, Taskeys, Tehonacale, or the middle road, Carranatke, or Tetuchina, Tonchatchie, Otasie Songatchie, all Upper Tallapuche towns; which
chiefs, with many others, remain in the nation, having given consent to whatever the above said Alexander McGillivray shall do and treat; who treats also in the name of Yahulla Meeko, principal chief of the three towns of Cahuitas in the Middle Tallapuches, of Pisto Meeko, principal chief of the towns of the Uchises, Chahuasse, of that of Atlecaasa, Cycotle Meeko, of that of Echite, Cachita Mico, of that of Cachita, Sinchies Meeko, of that of Appalachicola, from Uolocho, and of the towns of Chapeachy Ocone, Lower Tallapuches or Seminoles of Usatastanequi, or War Dog chief, of the town of Natchez, of Chickasaw Mingo, of that of the Chickasaw Retired Arrow, the Tallapuchy. In the name, also, of various other towns, chiefs, captains, and warriors, not present, their wives and children, and of all the nation in general, desiring unanimously to obliterate the remembrance of the evils caused by the last war, and to make all the subjects of his catholic majesty enjoy the fruits of peace, to conclude and cement on the most solid foundations the friendship and good union which the Spanish nation proffers to the Tallapuchy tribes, have agreed on the following articles:
ARTICLE 1. We the said chiefs of the Tallapuchy nation, for ourselves, and in the name of the other chiefs, captains, warriors, and other individuals, of whatever quality, sex, or condition they be, promise and engage ourselves before the Supreme God, Creator of the heaven and earth, to whom are subject all things, visible and invisible, to keep and maintain an inviolable peace and fidelity with his catholic majesty, his provinces, subjects, and vassals, procuring to ourselves reciprocally whatever advantages may contribute to the interest and glory of both the contracting parties. We undertake to expose, for the royal service of his catholic majesty, our lives and fortunes, and we promise to obey the sovereign orders which, in a case of necessity, shall be communicated to us by the captain general of the provinces of Louisiana and Florida, and in his name, by the respective governors or particular commanders of said provinces, conducting ourselves always with the greatest harmony, union, and friendship; moreover, from this instant, of our proper and spontaneous will, we promise to obey the laws of the great king of the Spains in those points which are compatible with our character and circumstances, conforming ourselves to the usages and municipal customs which are established, and hereafter shall be established, in the provinces of Louisiana and both Floridas, regulating in every thing of common accord and in good faith the difficult points which may need explanation.
ARTICLE 2. To correspond on the part of his catholic majesty to the confidence which merits the worthy and honourable chiefs of the Tallapuchy nation, and the others who are in the lands conquered by the arms of his majesty, we, the above named Don Stephen Miro, deputy governor of the province of Louisiana, Don Arthur O'Neil, commandant of the fortress of Pensacola, and Don Martin Navarro, intendant general of both provinces, promise in the name of the king to proportion among the contracting nations a commerce
permanent and unalterable, unless the inevitable event of war impede the exact fulfilment of this promise, at the most equitable prices; to which effect, there shall be formed by agreement of both parties, conjointly, in this present congress, corresponding tariffs, or regulations by which the mutual traffic shall be fixed, and which shall be inviolably observed by the individuals of the contracting parties with the most religious scrupulousness.
ARTICLE 3. To encourage more and more commerce and agriculture, the Tallapuchy nation shall establish a general peace with the nations of Chickasaws, Choctaws, and others of the continent, ceasing all kind of hostility, forgetting all the past, and living in the greatest harmony; the disturber of those good dispositions and desires shall be considered as an enemy of the public tranquillity of mankind, and of the contracting parties.
ARTICLE 4. We, the already mentioned chiefs of the Tallapuchy nation, as often as any stranger shall introduce himself into our towns with the insidious idea of inducing us to take up arms against our sovereign, the great king of the Spains, his vassals and allies, oblige ourselves to arrest him immediately, submitting him to the disposal of the governor of Pensacola, without that, that his having been taken within our possessions shall serve him as an immunity from punishment.
ARTICLE 5. We will not admit into our towns any white person of what nature soever he be, without any distinction (whether it be under the pretext of commerce or other pretence) who shall not bear the correspondent passport of these provinces, or in particular of this fort.
ARTICLE 6. In pursuance of the humanity and corresponding to the generous sentiments of the Spanish nation, we renounce forever the practice of taking scalps, or making slaves of the whites; and in case that an unexpected war against the enemies of his catholic majesty should put us in the case of making any prisoner, we will treat him with that hospitality which corresponds in imitation of the civilized nations, exchanging afterwards with an equal number of Indians, or receiving in place thereof the quantity of merchandise which shall be previously stipulated, without committing on any of the said prisoners of war the least attempt on their life.
ARTICLE 7. We will deliver in good faith to the order of the governor general of these provinces, all the white prisoners subjects of the United States of America, if it be found that there is any one detained, and we will not exact for them any reward.
ARTICLE 8. We will not admit deserters, nor negroes, nor mulatto slaves, fugitives (amarones) of the provinces of Louisiana and Florida, into our establishments, and those who shall present themselves within them shall be immediately (apprehended) with us at the orders of the governor, satisfaction being made us by the corps. if the person apprehended be a soldier, or by the master to whom he belongs if he be a slave.
ARTICLE 9. We will prevent our people by all means possible
from committing any theft of horses or cattle, of whatsoever kind they be, and those which shall be met with stolen, in whatever place it be, shall be returned with good faith whenever they shall be claimed by the parties interested, who shall be under the necessary obligation of proving before the government or chiefs of the towns in which they shall be, the property of the prize demanded.
ARTICLE 10. We will afford to the Spanish traders who may go with the respective licences of the governor to trade in our towns, all the protection and assistance which they may want, observing our contracts according to good faith and the rules of the tariff, of which they shall deliver us the necessary copies.
ARTICLE 11. As the traders ought to establish themselves within the towns, we will not permit them to do it secretly, fixing their magazines in the woods and other private places, to the end to avoid by these means the disorder which a like abuse and mal-practice would occasion. If any one shall contravene this article, we will give notice thereof to the chief of the place, that he may take the measures he may esteem necessary.
ARTICLE 12. To maintain these orders, exacted by reason, equity, and justice, the principal basis of this congress, and on which depend our lives and properties, as well as the tranquillity of our towns, whenever any individual of our nation shall commit the horrible and detestable crime of murder on the person of any subject of his catholic majesty, we oblige ourselves to deliver the head of the aggressor. In mutual consideration of which, we, the said deputy governor, and the respective commandants of these provinces, oblige ourselves that when the same case shall happen by the subjects of his catholic majesty, we will punish the delinquent conformably to the laws of our kingdoms, in presence of the chief of the sufferers.
ARTICLE 13. As the generous mind of his catholic majesty does not exact from the nation of Indians any lands to form establishments, to the prejudice of the right of those who enjoy them, in consequence, and with a knowledge of his fraternal love towards his beloved nations, we promise, in his royal name, the security and guaranty of those which they actually hold, according to the right of property with which they possess them, on the condition that they are comprehended within the lines and limits of his catholic majesty, our sovereign. And to make more evident the extent of his royal clemency, whenever by any war or other accident the Tallapuches may be dispossessed of their lands by the enemies of the crown, there shall be granted to them others equivalent, which may be vacant, for their establishment, without other concern or retribution than that of their constant fidelity; and for the proof, accomplishment, and entire observance of this, while the royal approbation of his majesty shall be solicited, to whom I the said deputy governor of Louisiana, will send it, we the said governor and intendant, with the said Alexander M'Gillivray, informed of the whole by the means of a literal and exact translation, which for this purpose was reduced by Don Juan Joseph Duforest, captain of the militia of Louisiana, VOL. II.
and interpreter of the English idiom for his said majesty in the said province, have signed these presents, and sealed the same with the seal of our arms, and countersigned by the underwritten secretary of the government, and captain general of the provinces of Louisiana and West Florida, in the fort of Pensacola, the first day of the month of June, in the year 1784.
By order of his superiors.
ANDREW LOPEZ DE ARMESTO.
Department of State, to wit: I hereby certify that the foregoing is a true translation of the copy of a treaty in the Spanish language, between the Spanish nation on the one part, and the Tallapuche Indians of the other, concluded in the fort of Pensacola on the 31st May and first June, 1784, as communicated to the secretary of state by Messrs. Viar and Jandenes, commissioners on the part of Spain to the United States. Given under my hand, and seal of office, this 16th day of May, 1793.
[ L. S.]
The foregoing treaty, copied from the tenth volume of American State Papers, marked confidential, pages 223, 224, 225, 226, and 227, published under the patronage of Congress.