THE MCINTOSH INN AND ITS PLACE IN CREEK INDIAN HISTORY BUTTS COUNTY, GEORGIA by Sherry L. Boatright Copyright State of Georgia Department of Natural Resources Office of Planning and Research Historic Preservation Section 1976 FOREWORD The tavern whose history this report seeks to document has been associated primarily with one man, William Mcintosh. The structure was built in the Indian Springs Reserve, on land granted to the Creeks by the treaty signed at Indian Springs in 1821. The tavern appears to have been the site where the infamous Treaty of 1825 was signed. Originally, the orientation of this report was to have been focused upon William Mcintosh, his involvement with the inn and the treaties signed at Indian Springs. Following the presentation of the statement of significance on the site, however, the Historic Preservation Section saw fit to alter this orientation. Since no information had come to light on Mcintosh's involvement with the building or actual operation of the inn, as well as the recognition that Dr. James C. Bonner's published biographical narrative on Mcinto"sh would make another such report monotonously repetitive, a shift in direction seemed reasonable Realizing that the State's interest in acquiring the site through the Heritage Trust program stemmed from the knowledge of the role this inn played in the history of the Creek Indians, and that no where in the State was this history presented, it was decided to concentrate a major section of the report on the culture of the Creeks, and especially the changing of this culture as a result of contact with European and American culture, of which process the "Mcintosh Inn" is an example. Therefore, this report begins with a discussion of the acculturation of the Creek Indians, to be followed by a section dealing with the Treaty of 1825 and its aftermath. S.L.B. Atlanta, Georgia July 20, 1975 - 1- TABLE OF CONTENTS FOREWORD . t! Page 1 I. A BRIEF SKETCH OF EARLY CREEK CULTURE The Early Contact Period ..................................... 2 The Late Contact Period 14 II. THE DEMISE OF THE CREEKS IN GEORGIA: THE FINAL TREATIES 41 Postscript . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 III. A NARRATIVE CONCERNING THE OWNERS OF THE MCINTOSH INN AFTER 1828, INCLUDING DEED AND TAX RECORDS .... 89 IV. BIBLIOGRAPHY 107 V. PHOTOGRAPHS 118 VI. APPENDIX ...... ... ....................................... . A-1 A BR!EF SKETCH OF EARLY CREEK CULTURE 2 A BRIEF SKETCH OF EARLY CREEK CULTURE The Early Contact Period It has been said, by definition, that "acculturation comprehends those phenomena which result when groups of individuals having different cultures come into continuous first hand contact, -with subsequent changes in the original culture patterns of either or both groups. ul In order to recognize and discuss such post-contact phenomena, it would be necessary to possess a knowledge of the original cultures under consideration. Since most readers are, to some extent at least, familiar with the European~American culture which came to domonate the Creeks, it is only feasible here to present a brief sketch of Creek Indian culture during the early phase of subjugation by Europeans and then to discuss further the increasing intensity of that contact. 2 John R. Swanton suggested that the population of the Creek Confederacy in 1700 was about 7,000 individuals, who occupied, approximately, the southern two~thirds of present-day Georgia, as well as much of eastern and central Alabama. 3 In the introduction to his Early History of the Creek Indians and Their Neighbors, Swanton said, by definition: It was found that a satisfactory study of the Creek Indians would make it necessary to extend the scope of this work so as to consider all of the eastern tribes of the Muskhogean stock as well as the Indians of Florida.4 Swanton then proceeded with a definitive documentary history of about 40 tribes, most of whom were associated at some time with the Creek Confederacy. For our purpose;, however, only a general understanding of this broader 3 grouping is necessary. In defining the Creek Confederacy, he stated: This name [Creek Confederacy] is given to a loose organization which constituted the principal political element in the territory of the present States of Georgia and Alabama from very early times, probably as far back as the period of De Soto. It was built around a dominant tribe, or rather a group of dominant tribes called Muskogee. [Note: Swanton says the meaning of the word Muskogee is unknown, but is perhaps from Shawnee and has reference to "swampy ground."] The name Creek early became attached to these people because when they were first known to the Carolina colonists and for a considerable period afterward the body of them which the latter knew best was living upon a river, the present Ocmulgee, called by Europeans 'Ocheese Creek.' The Creeks were early divided geographically into two parts, one called Upper Creeks, on the Coosa and Tallapoosa Rivers; the other, the Lower Creeks, on the lower Chattahoochee and Ocmulgee... The dominant Huskogee gradually gathered about them -- and to a certain extent under them -the Apalachicola, Hitchiti, Okumlgee, Sawokli, Chiaha, Osochi, Yuchi, Alabama, Tawasa, Pawokti, Muklasa, Koasati, Tuskegee, a part of the Shawnee, and for a time some Yamasee, not counting broken bands and families from various quarters. The first seven of the above were for the most part among the Lower Creeks, the remainder with the Upper Creeks. 5 Native Creek legends tell of a western origin and an early migration east- ward across the Mississippi and into the Southeast, where the tribes who came to be called Creeks gradually subdued the inhabitants and took possession of the country. Developing a typically Woodlands culture, dependent upon hunting and agriculture, they remained in approximately the same territory until 1733, when Georgia was colonized. At this time, the Indians began ceding portions of their territory to the colony, a process that continued for a century, at the termination of which all of their lands east of the Mississippi were lost to them. According to the journals of Cabeza de Vaca and chronicles of De Soto's travels, the Indians of Georgia, Florida and Alabama in the 16th century had varied levels of prosperity. De Vaca told of tribes which if not under Creek influence during the time of his visit almost certainly were later, men- tioning Indians who were very poor, living off roots alone for long periods, as well as more prosperous villages with cultivated patches of maize. Describing a village he called Apalachen, which was perhaps on the Apalachicola River, he 4 stated: We found there plenty of ripe maize ready to be gathered and much dry corn already housed. We also found many deer skins and among them mantles made of thread and of poor quality, with which the women cover parts of their bodies. They had many vessels for grinding maize. The village contained forty small and low houses reared in sheltered places, out of fear of the great storms that .continuously occur in the country. The buildings are of straw, and they are surrounded by dense timber, tall trees and numerous water pools, where there were so many fallen trees and of such size as to greatly obstruct and impede circulation.6 De Vaca undertook his expedition in 1527, traveling from Florida to north- western Mexico, while De Soto, whose journeys occurred between 1539 and 1542, traversed Florida, Georgia, Alabama, and finally the Mississippi River, where he died. In the Gentleman of Elvas' account of DeSoto's travels, he described a village called Toalli, which Swanton suggested was in southern Georgia. Elvas gave a clear description of the summer and winter houses, as well as the clothing of the early Creeks: The houses of this town were different from those behind, which were covered with dry grass; thenceforward they were roofed with cane, after the fashion of tile. They are kept very clean. Some have their sides so made of clay as to look like tapia. Throughout the cold country every Indian has a winter house, plastered inside and out, with a very small door, which is closed at dark, and a fire being made within, it remains heated like an oven, so that clothing is not needed during the night-time. He has likewise a house for summer and near it a kitchen, where fire is made and bread baked. Maize is kept in barbacoa, which is a house with wooden sides, like a room, raised aloft on four posts, and has a floor of cane. The difference between the houses of the masters, or principal men, and those of the common people is, besides being larger than the others, they have deep balconies on the front side, with cane seats, like benches; and about are many barbacoas, in which they bring together the tribute their people give them of maize, skins of deer, and blankets of the country. These are like shawls, some of them made from the inner bark of trees, and others of a grass resembling nettle, which, by treading out, becomes like flax. The women use them for covering, wearing one about the body from the waist downward, and another over the shoulder, with the right arm left free, after the manner of the Gypsies: the men wear but one, which they carry over the shoulder in the same way, the loins being covered with a bragueiro of deer-skin, after the 5 fashion of the wooden breech-cloth that was once the custom of Spain. '}:he skins are well-dressed, the colour being given to them that is wished, and in such perfection, that, when of vermilion, they look like very fine red broadcloth; and when black, the sort in use for shoes, they are of the purest. 7 Hunting was a primary method of obtaining food and raw materials and a major orientation of the Creek men, alon~with war. Deer was the favored ani- mal, but bear, buffalo and smaller game were also pursued. Hunting expedi- tions occurred during the winter months, and often entire villages were deserted during this time. Thus, the men provided meat for food and skins for clothing, sometimes performing the initial steps in preparing skins. They were also mostly responsible for ceremonial affairs, as well as making structures, canoes, and all the utensils and weapons used in hunting, construction and war. Horses were unknown until the appearance of the Spaniards. The introduction of horses caused no such revolution as it did in the life of the Plains Indians, because it was not practicable to employ horses in hunting. There were few bison and the deer could be killed more easily without them. Their most important use was in bringing home from camp meat collected during annual hunts. 8 Swanton also suggested that: Lack of domestic animals of economic value and absence of any knowledge of the uses of fertilizers prevented these states from attaining the stability necessary for an advanced civilization ... It was difficult to preserve them [the towns] in the same place for many years owing to the exhaustion of the soil and of accessible supplies of firewood.9 Cultivation of corn, beans and squashes provided the other principle source of food. Preparation of the soil for planting was often a communal effort of the entire village, but most of the agricultural work was done by women. Lookouts, often young boys or old women, were stationed in fields to ward off animals, and at harvest time, families usually gathered from specific plots, although everyone contributed to a communal store of food which was 6 used when individual supplies ran short, for visitors, or for expeditions. Women were also responsible for cooking, making clothing, pottery, bas- kets, spinning and weaving animal hair and bark, and other responsibilities included gathering nuts and other wild food and preparing it for consumption. Creek social organization was based upon matrilinear descent, and numer- ous totemic clans were in existence; in fact, Swanton collected names of approximately 50. The Wind Clan of the Creeks seems to have been the most pres- tigious in the ranking, followed by Panther, Deer, Bear, Raccoon, Aktayatci, Alligator, Bird and Beaver. The only Creek who wrote a narrative concerning the tribe in the early 19th century, George Stiggins, said of clan organization: The strongest link in their political and social standing as a nation is in their clanship or families. By their observance of it they are so united that there is no part of the nation detached from another but [they] are linked, harmonized, and consolidated as one large connected family, for by their family prescribed rules there is no. part of the nation in which a man can not find his clansmen or their connection .. All the clans in the nation take their family descent from the mother, being of the same family as the mother, and can only take part with that family. The father and his clan or family are only the father family to the children and he and his clan or family have no legal say or interest in the children's family concerns .10 l Another important social division among the Creeks separated clans into moieties, one being called Hathagali ("white people") and the other, Teiloki ("people of a different speech"). These moieties probably had nothing to do with marriage regulations, although one source states that, anciently, the White clans did not intermarry. 11 These Hathagali or White clans were concerned with peace. The Teiloki with war. In James Adair's words: 7 In almost every Indian nation, there are sev~ratpeaceable towns, which are .c,alled !'old-beloved,' 'ancient, holy, ,o:rwhite towns,' they seem to have been formerly 'towns of refqge, ' for it is not in the memory of their oldest people, that ever h-u~n blood was shed in them; although they often force persons from thence, and put them to death ~lsewhere.12 Clan size was often increased by taking captives in intertribal wars, and ancient customdictated that male captives be burned, while women, children and others whose lives were spared were adopted into the tribe~ Slavery was not institutional among southern Indians, according to Swanton, but there was some- times a condition among captives similar to slavery, which never seems to have carried to the second generation. Also existing among clans was a duty of hospitality which determined that the homes of one's clan in any part of the Nation were considered one's own home; therefore, travelers were always hot.tsed. Homes were the property of the women, and even though a man migqt build a house, or huti, and live in it with his family, he . used that term only for the homes of his clanswomen. The chief political unit of the Creeks was the village, or talwa, and the miko was the head governmental officer of each talwa. Selection of these chief individuals within the clan varied considerably from town to town, and methods ) included election by clan, by headmen within the clan, .by the entire town, and by moving up through the ranks of headmen to finally succeed as chief. The miko held the seat of honor on the village's public square and was often trans- ported in a litter on the shoulders of his subj.ects. Bartram's definition of the miko 's duties ,included: He has the disposal of the com. and fruits, and gives audience to ambassadors, deputies, and strangers who come to the town or tribe, rec~:dves presents, etc. He alone has the privilege of giv.ing a public feast to the whole town, consisting of barbecued bear or fat bulls or steers, which he must kill himself; and this is called the king' s feast, or roy.;tl feast. And when he intends to give this frolic, after a successful hunt, he sends messengers to prepare the village. They display the king's standard in front and 8 at one corner of his house, and hoist a flag in the Public Square, beat drums about the town, and the il;lhabitants dress and . paint themselves, for there is dancing and frolicking all that night ,13 Anciently, women sometimes held this high office, also. The following account was written of De Soto 's arrival in Cofitachequi, an early Creek vil- !age that Swanton located on the Savannah River below present-day Augusta. Directly as the governor arrived, four canoes came towards him, in one of which was a kinswoman of the Cacia [woman chief or miko], who, coming near, addressed him in these words: Excellent Lord: My sister sends me to salute you, and to say, that the reason why she has not come in person is, that she has thought to serve you better by remaining to give orders on the other shore; and that, in a short time, her canoes will all be here, in readiness to conduct you thither, where you may take your repose and be obeyed. The governor thanked her, and she returned to cross the river. After a little time the Cacia came out of the town, seated in a chair, which some principal men having borne to the bank, she entered a canoe. Over the stern was spread an awning, and in the bottom lay extended a mat where were two cushions, one above the other, upon which she sate [sic]; and she was accompanied by her chief men, in other canoes, with Indians ... The Cacia presented much.clothing of the country, from the shawls and skins that came in the other boats; and drawing from over her head a large string of pearls, she :threw them about his neck, exchanging with him many gracious words of friendship and courtesy. She directed that canoes should come to the spot, whence the governor and his people passed to the opposite side of the river. So soon as he was lodged in the town a great many turkeys were sent to him.l4 De Soto and his troop remained at Cofitachequi for four days, but upon his departure, the Cacia refused his request for guides and servants for carrying supplies, "because of the outrages committed upon the inhabitants. " 15 De Soto returned her hospitality by having her placed under guard and forcing her to walk along with female slaves as a guide for his expedition through the remainder of her territory. Several days later, however, she left the trail "with an excuse of going into a thicket, where, deceiving them, she so con- cealed herself that for all their search she could not be found, "16 taking with 9 her a cane box of her pearls, which had been greatly coveted by De Soto. The miko was also head of the tribal council and officially presided daily at the town square ground for the asi or "black drink" ceremony, which preceded any negotiations or council decisions. It was also his or her duty to appoint the time for the annual Busk, or harvest, ceremony. Since, according to Swanton, women were normally barred from most of these activities, knowledge of whether customs were changed when a woman became miko or whether she assumed all regular functions of that position would facilitate an understanding of the woman's position in that culture. Often there were assistant chiefs appointed when the chief desired, called miko apokta (twin chief), and although his duties varied considerably from town to town, matters of local character, including especially those connected with the square ground, were in his domain. A body of persons called mikagi existed as well, usually belonging to the clan of the miko. Guardians of town districts who assisted in overseeing public planting and gathering yupon for the black drink ceremony, they were also "to admonish, regulate, and keep in peace the members of their town." 17 These officials, however, did not have a voice in the national assembly unless appointed specifically for national purposes. Two other classes of officials formed the miko's council: the henihalgi and the isti atca gagi. The henihi served as a spokesman, making announcements and giving talks at the busk grounds. The isti atca ~, revered or beloved men, were, according to Hawkins, "great men who have been war leaders, and who although of various ranks, have become estimable in a long course of public service."18 These have also been referred to as the "brains of the busk" (i.e., they were responsible for planning the entire ceremony). 19 Generally, there were three classes of war officials as well, which were the tastanagalgi, the big imalas and the little imalas, with these positions being earned due to feats performed in battle. The leader of the tastanagis 10 was k nown as tastanag1. 1~ k or b1. g warri or. 20 These officials, as war lead- ers, were responsible for announcing that intention whenever it was decided upon in council. Also among their duties were responsibility for the ball- game, which was called "the brother of war, "21 and for police-like activities, carrying out the decisions of the miko, and punishing offenders. Lesser war officials were the tasikayalgi, these being the common warriors who had received a war name for taking a scalp but meriting no further promotion. Above this talwa, or village governmental organization, there existed a Creek Confederate Council which met annually to decide issues of national con- cern. The most specific early description of this assembly meeting was given by a Frenchman, Jean Bernard Bossu, who lived in the area, from 1757 - 1762: These people hold a general assembly annually in the principal village or the chief place of the nation; there is a great cabin made expressly for the purpose; each one places himself there in accordance with his rank, and has a right to speak in his turn according to his age, his capacity, his wisdom, and the service which he has rendered to the fatherland. The Grand Chief of the tribe opens the session in a speech which recounts the history or the tradition of their country; he recalls the military exploits of his ancestors who have signalized themselves .in the defense of the fatherland, exhorting his subjects to imitate their virtues .... The chief having stopped speaking, the oldest noble man rises, salutes his sovereign, and makes a speech, his body bare to the belt; the water runs from all parts of his body on account of the heat and the action which he puts into his declamation, with natural gestures and metaphors which express his thought; he persuades his hearers to believe all that he says by the force and eloquence of his speech. Nothing is more instructive than these assemblies; one hears no chatter there, no indecency, no misplaced plaudits, nor immoderate laughter. The young people are very circumspect there, and attentive to listen with respect to the words of the old men, persuaded that it is for their good.22 Stiggins, writing in the early 19th century, suggested that the power of the national council was, in reality, very limited. The form of government under which they live is a tyrannical oligarchy in its principles and practiced under that head to the full 11 extent. At a slight view the most .of people suppose and say that it is a democracy on republican principles but it is far different, for a~l public business whether of a national or private character is done by the chiefs. Though the nation is summoned in what is termed their grand council, when the state of the nation is supposed to l;>e examined into, and their oral laws made, the assembly say not a word in the matter. For while in their sittings the assembled body of the nation sit as mutes, without being consulted in any manner until a few chiefs in their council house make the laws for their government without condescending to ask an opinion or approbation in any case, the national body being merely convened to hear what is done, for after a law is digested by the chiefs the national convention is informed of its tendency . 23 The relati:ve prestige of the various towns . in the national council apparently was in constant flux, and the number of towns present at councils varied greatly, as well as the representation from the Upper and Lower divisions, which was ~arely equal. This influence of the various towns became critical in 24 the struggle which developed in the early 19th century over Creek lands. A1 though the origins of the Creek Confederacy are buried with those who created it, its development may be traced from the sources extant from the 16th through the 19th centuries [See De Soto, De Vaca, Bartram, Hawkins, etc., in the bibliography]. Swanton, who studied Creek history most thoroughly, wrote: In De Soto's time the Kasihta and Coosa, the representatives of the Lower and Upper Creeks, were noteworthy and powerful tribes, but only . to a certain extent superior to many others, such as the Utina, Poteno, and Apalachee of Florida, and the Chiaha, Tali, Mobile, and many more further north. It is even uncertain whether at that date any sort of confederacy existed. As time went on, however, the Florida tribes were destroyed or scattered, and the same fate overtook the Yamasee, the Indians of the Georgia coast, and the smaller tribes in the neighborhood of South Carolina. This served to increase the power of the Creeks proper, both by weaken- ing that .of their neighbors and by causing many fugitive tribes to unite wlth them and add to their fighting force. Leaving out of consideration the Hitchiti, Alabama, Koasati, and Tuskegee, who were incorporated almost before the dawn of clear history, we have very exact information of the incorporation of the Yuchi, whi ch had formerly been an independent and hostile tribe, of part of the Shawnee, and of the remnant of the Natchez. This system of adop- tion resulted in the strengthening of the confederacy about in pro- portion to the weakening of its neighbors until finally but one tribe remained, the Choctaw, able to contend with it on anything like equal terms. 25 12 EarJ,.y Greek law tended to be extremely strict. The retali' ation principle was considered necessary in the case of murder to placate the souls of the dead, and the family of the victim (specifically, the b rather or nearest male relative) was expected to avenge the deceased. This attitude was often carried to such e~tremes that even accidents were punished as if they had been intentional. Adultery was punished most severely, also. Beating, cropping of hair and cutting of ears . of both parties was often resorted to in this matter, although sexual freedom for both sexes before marriage was condoned. Theft does not appear to have been a problem among the Indians before white contacL Most inferior crimes were punished by whipping, or sometimes by confiscation of property, with "dry-scratching" being inflicted upon children and adults which sometimes left scars that lasted a lifetime. The aboriginal division of the year was into two seasons: summer and win. ter. In marking this division a sacred harvest festival .was held, the time for ' \ which was determined by the ripening of the corn. This varied from village to village, but usually occurred in July or sometimes as late as August. Called the Busk ceremony, or Boskita, it heralded the beginning of the new year and was thus a festival of renewal. At the time of this ceremony, all the fires in the village were extinguished and new fires started; women would break all the previous year's household utensils and replace them with new ones; and worn clothes and other articles were replaced as well. New war names were also conferred on those who had earned such honors, and grievances and crimes were forgiven; in fact, Adair called the ceremony "the grand festival of the expiation of sin." 26 The festival lasted from four to 12 days, there being specific rituals, dances and fasts performed each day. Swanton gave specific descriptions of the ceremonies of different towns, often related to him from old Creeks who still 13 remembered the customs, but here, a general description is sufficient: The Busk with its fire, its medicines, and its ceremonial was a great unifying element between the several members of the Creek confederacy, all the tribes which united with it either adopting such a ceremonial or altering their own to agree with it. And further than that it was a special unifying institution within each town, bringing all together for a definite purpose in which the good of each and the good of all were bound up. All transgressions, except some forms of murder, were then forgiven, all disturbances adjusted, and thus the unity and peace of the state reestablished ... Thus the Busk is supposed to be a great peace ceremonial, 'the white day,' the square ground is considered 'the yard of peace,' white feathers are used there, and its white smoke is intended to reach the sky.27 The supreme deity of the Creeks was associated with the sun or sky and has been called the "Breath Holder," although Swanton suggested this was a cus- tom introduced late in their history; perhaps an older term was Ihofanaga, or "the one above us. " 28 According to Adair, this being "resides as they think above the clouds, and on earth also with unpolluted people. He is with them the sole author of warmth, light, and of all animal and vegetable life. " 29 Swanton complained of the difficulty in determining whether such beliefs were original or much influ- enced by Christianity, but one association that appears definitely Creek in origin was the association of "Breath Holder" with the sacred fire. There were numerous lesser spirits called upon by the Creeks; in fact, their view of the world was such that a myriad of objects could have religious significance: According to the idea of the southern Indians, something of the supernatural attached to every created thing, every animal, plant, stone, stick, body of water, geographical feature, and even to objects which man himself had made. While these things did, indeed, have certain characteristic appearances and activities which were 'natural' -- that is, the things normally expected from them-they owed these to a certain impression made upon them in the beginning of things, or at least at some time in the distant past, and it was not to be assumed that they were all the powers which such beings and objects -- or assuming the Indian point of view, we might say simply beings -- possessed. The expected might give way 14 at any moment to the unexpected. In such cases the thing itself might exert power in its own right or it might be a medium of power from another being. It might manifest this power at one particular time to one particular person, it might have the faculty of exerting its pmver constantly, or its power might be brought out from it by the observance of certain regulations. In such cases the response might be an ' infallible result of performing the regulations, or the charm might be capable of exercising a modicum of volition.30 Souls at death were thought to follow the sun into the West, with their fate being determined by their life spent on earth. There was also a great fear of ghosts, who seem to have been the ''bad spirits." Much credence was given to dreams and visions, which Indians would seek through fasting, and certain people were supposed to possess or be able to express supernatural power. Medical and priestly functions were often in the realm of these individuals, and young people would undergo special training to prepare them for these offices. It was also believed that the power of good possessed by the healers and prophets could be distorted and used for ill by sorcerers. The Late Contact Period The Creeks' initial contact with the white man occurred through brief interludes of Spanish explorers traveling through their country in search of gold and "glory." For almost 200 years subsequent to these first visits, there were no actual settlements of Europeans in Creek territory in Georgia, but in 1714, the French established Fort Toulouse at the confluence of the Coosa and Tallapoosa rivers in Upper Creek country, and Spanish missions and trading houses were established in Florida within that same time period. Soon, there came to be an intense rivalry among the English, French and Spanish for control of trade in the Creek Nation. Most significant of the contact sources for the Creeks was with the white 15 traders. Many of these men were adventurous and courageous, and became good friends with the Indians, often marrying Indian women an('iliPd, to all the land hereafter excepted, \'iz: orw thou,;and acn~:-;. to he laid otl' inn square. so as to irwlndo tire Indian ::-;pring in the centre thenof: a,;, also, six hundred and forty ael'ts on I hP \\'l'."lmcnt.,;; of Midwy Barnaqi, .Jmnm; Barnard, Buckey Barnard, Cus,.;nna Barnard, and l<~f:llll'tllat.hlaw, on tlw ea:;t sidn of Flint. river; which rcsf\1'\'ations shall eonst.ilutn :t part. of tlw ePssion tu:Hh by t.hP lirst. :.~rtiele, so soon as . . tlwy shall l1t> abandoned hy the pn'sPnt oer, to tlw plaee of beginning; shall be resrJTcd to tl1e Cre4~k 1mtion for tlw use of the United ~tates' ageney, and shall con- stit.ut.n a part. of thn enRsion made by the first article. whPnevcr the agenc \ ,.;hall bt~ rl'nJored. .,.,,l1'.u,;l1l.lll'lll (nr lund' A HT. '1 1t ts ]H'J'(' 1'.\' stq' m Ja tl'u.J am{ agTPe<1, on t ]H~ part o f' t I1e (' lll'tPtl ~tat.es, as a 'and dollars, :uwualh, for two ,YP:trs thereaft<'r; sixtPI'n thousand dollars, annually, for ~\e Y'ars tlw.teafter; and ten thousand dollars, annually, for six years thereafter; making, in tlw whoh', folll'teen payments in fourteen sncl'essin' yrars, without interest, in money or goods and implements of hushandr, , at the option of the Creek nation, seasonably signified, from time to time, . . through the agent of the U nitcd States res iding with ::;aid nation, to the loUthl;I,O..,,]"'f';l;\,' }_)epa rtntent o f \uv ar. A.nd, as a f Ut'tlter eons I'd.era t'1011 f or Sill'(! cess 'JOn, C'"':''k'~~~\'"''''1 11 eu;-thc fcc ,utlml. the UnitPd States do hereby agree to pay to the state me1 ImIa nee 111ay bc f.ound. d ue )'." t.he (_,' ree k nat10n of to Ueorgia whatt I10 ctttzcns of. said statf'. whenever the same shall he ascertaitwd, in conformitY with the l'nfCrCIICC made by the I~Ollllllissioncrs of (Teorgia, and the chiefs, head men. and warriors, of the Creek nation, to be paid in ti\'e annual instalnwnts without interest, provided the same Hhall not exceed the sum of two hundred and fiftv thousand dollars; the commissioners of (ieotgia ex~>euting to the Creek nation a full and final relinquishm e nt of all the claims of the eitizens of G<'orgia against. the Creek nation, for prop('t'ty taken or destroyed prior to the act of Congress of one thou,.;and eight hundr<'d and two, regulnting the intercourse with the Indian t.ri tws. ,.,;:;~.~ ~~~>1,';~,': 111 1., t'.:: ART. 5. The President. of the United StatPs shall c:wsP the line to f 1111 ct<- . he run from tlw lwnd of Flint rin~ r to the Chatalwoehc rin>.r, and the I'('Henat.ions madn to the Creek nation t.o bn laid otl', in the mamut speeiliNl in tlw iirst, ,..:pcond, and third, art.iclPs of this tt'Pat.y. at such t.inw and in stwh mnmwr a,; he may dPt'ltl proJWI'. gi,ing timely notice to tlw ( :rPnk nation: and t.his ( ;on\'.) D. J\l.f'ri 1\'!'lll!'r, [ r. "' J \\'m. llldnto"'h, [1.. ~ . .J Tu~t.unnttgt't' llopnit', his x mark, [1.. ~.J Efan Emanthlau, his x mark , [r.. >'.) Ilolottghlau, or Col. Bhtf', hi~ x mark, [1.. s.J Ctt"'~!'! :m ~li'kR!!I'P Emnnthlnu, hi" x mark, [r.. ~.) Tttcklt' Ltt ~ lte, hi~ x mark, [1.. ~.] Tnckh' Ln"ICP llanjn, his x rnark, [r .. >'.] Cnnl'ptt Ennltlthlatt, hi~ x mark, [1.. s.J IIPthll:' pnit, his x mark, [1.. s.] Tn,k eenah etJ!' ki , hi' x mark, [r.. >'.] Ch~nghll:' l\[i cco, hi~:'\ rnark, [r.. 1<.) I~famn' Tu~tunnnggee Banjo, lri~ x mark , [r.. s. J Wau Thluceo Hanjo, hi' x r11ark, [r.. ~.J A-5 TREATY WITH 'l'HE CRREKS, 1821. ltC'ImHaujo, his x mark, (1.. ~<.) .\ lallt'tuaTu~tllllllll~f.(ee, his x tnark, [ 1.. t<.] llnlonf,!hlau Tu~tunullf.!f.!l'e, hiH x Aunhmarukl,uck Yo. hola, hiH x mark, ~' 1.. Hs..]) O~eadlt,t>Tu8tmmuggee,hisxmark, L. ~<.] lu pnst~ltet\ of-- 1. "dntosh, I ht ,.i< I Ada111s, Jlanid aud two, 'ion ni '" " l'resihnt. l'l'g'll Iat l.llg' t IW .Ill t lli'!'Olli'SC WI'tttl .tl W I IH 1IIIII t1'1'I>PS, WI'tll tllC t IOetlllWII tS 1'0'l.h.Ll. i11 support of them, shall h( !'(~felTed to the de('bdon of the PI'l'sident of the l' nit(d Statl's, hy him to he tb~ided upon, :uljusted, liquidated, and sl'lthd, in sul'h mantw1, and undPr suth rules, regulations, and rest l'iet ions, as he sha II p1escri he: I 'l'nlid,d, hmri'l't'l', iI' it should Jllel't l'roYi'" I'" tlw \' iPws of the PrPsident of the lTuitld Stat('s, it is the wi,.,h of the eout l'adiug paTti that the liquidation and settlement of the aforesaid l'lai111s ,.,Jmll hp lll:ldt in tlw state of . l\1. Forney, ll. :\lt ~ tiwPther. A-6 J1111 . H, 1!!11. DISCHARGE J<'OU ALL CLAIMS ON TH}~ CitEl~Kl-1. \Vtn:JmAs a treaty or eonv1mtion has tlti:-; day lweu JIHH.le and Pntcred .into, by and between the United t:\tate:; and the CrPPk nation, by the }H'o\i:-;ionH of whieh the Uuited States have agt'Per.';igrwd, !c.ntotr'kgnsLfrormelmlll"d' aitmhes <'Oillliii.SS iotters o f. t 1 1e s t a' t e o f ( 'Jllorg r' a, f or, an< I '111 I'OnsH'I nrat.'wn of'', prior to NJ2. the aforesaid sum of two hundtetl and fifty thon:,;and dollars , spcurNl hy tho -;aid ttcat.y or eon\ention to be pai, and discharge, the said Cn' Pk nation from all HIHl en~ry elaim and H, and propight bundn. l~. ]S~5. Art/cle8 (~l tt cm11.eJdion, entered -into ll'llll concl~tdcd at th, Indian 7 ~tut., :l:l7. Spri.uq.Y, bettL'e,n lhrncan (;, Campbell, and .fm11 e.~ .J.1f(r/wefl,a, 01111- PrcKlnmn t ion, l\lnr. i . l~l . miNNimulw ou t/1<' pa.rt (!f the Un/t,Jd 8trrt,!S ~f Alllt'l'i:m, d11h;autlwr- .,;8ed, and tl"' 0/i.ief..~ of th.e Creek J1. (ttion, in Oounm? a8seml/ted. l'r subject., before n General Council of said Creek Nation, to the end that their removal might be effected upon terms advantag-eous to both par.ties: And where:ts the Chiefs of the Creek Towns have assented to thP reasonableness of ~;aid proposition, and expressed a willing-ness to emi- grate beyond the l\1 ississippi, t!uJ.YI! (if Tokllubatch,e '';r<'!phd: These prm;ents thc~refore witness. that the contracting parties han this dn.r entered into the follmving Convention: <:<"ion hy the Awr. 1. The Creek nation cede to tlH' United StntPs nll the lnnd:-: crk. lying within the houndnriPs of the State of Georgia, as defined hy th<' compac-t. hen\inhdow cited, now oecnpicd hy snid Nation. m to whil'h snid Nation lmvP t.itle or dnim; nnd also, nil other lancb which tht\ now Ol'l'lll'." m to which t.lwy han. t.itlc or elaim. lying nol'th and WP~t of tt litH t.o he run from Uw lit:.;t prineipal fulls 11~1on the t'lmtauhooehie rint', ah0\'1\ ('ow\'tan to)\n, to Oduskcc\ Old 'lown. upon thP Talla- poosa. thPnct' to thl' falls of the Goosuw river, at or ncar a place calltd the llickol'\' Oronnd. l'nrthaid rivers Arkansas and Cana- dian Fork, for qunntit.y. But whereas said Creek Nation han eon:-:id - ernhle impro,ements within the limits of the territor.' lunl1.\- el'dcL that, for the purpose of n~ndering It fair equivalent for the lo,..,..p..; and ineonrPnieucPs which said Nation will sust~1in hy remoYal, aml to en:i.ble thrm to obtain supplies in their uew settlement, the I" uitPd States agree to pay to the Nation emigrating from the laud:; lul'liu cPdPd, thP sum of four hundred thousand dollars, of whkh auwuut thtL'P shall lw paitl to said part.y of the :-;ecoud part, as soon as pradicahlt after the ratification of this treaty, tlw 1'\Lnn of two hunchwl thon,..and dollars. And ns soou as the said party of the second part ,..flail notif\ the Uovcrnnwnt of the Uuihd States of their readiness to t'olnmeucl'. tlwir nmoyal, tlwre shall be paid the furthPr slltn of one lu11Hin~d thotl:-\1\11(1 dollars. And the tirst year after said emigrating party shall h:we settled in their new country, they shall receive of the an1ount tirst above named, the further :;um of twenty-five t,hous.'tnd dollars. And the seconcl year, the :;um of twenty-rive thousand dol- lar:-;. And annually, tht~rt-after, the sum of five thotNtnd dollars, until till' whole is paid. o f . \ t IH11T1'1. X. \- tJ Awuu~t:luwu1l~wc1roeJal as tl rs wCitCeJr1e, Ielkl cNonast1i'id~rl.... 1... luntof;,,.e madt', it is ftllthtt st.ipt,lla.t.td that.snid last mentimwd annui- tits are to he herPilflet di\'itkd in a just proportion between the party e111igmtiug and those that may 1'\'llmiu. t i.t':s\HoTf.. 4. the It. is further seeond part, stil)ttlated that a deputntio may be sent out to explore n t from he ter nth. teo rsyaihdepretum.- ~rerrit'!rr p~luodn~lL.ndetlul'n.~ toolfwfcnt'Xl otl'trl'd them in exehange; and if the same he not acceptable to them, thtn they IIH.L}' select nny other territory, west of the 1\lissi:ssippi, on l{pd, Canadian, Arkansas, ot Missouri Hin~rs ---the territory occupied t.,,. the Cherokets and ChodJlw:; excepted; aud if the territory so to he "'tlccted shall be in the occupancy of other lndinn tribes, then the ("nittd States will extinguish the title of such oecupants for the benefit of said emigrant~. \ RT. 5. It is further sti}JUlated at the particular request of the said Payment of the tll'l't . . partH'S of the second part, ' . that the payment and dtshursement of the scuommmit~ot~ to provide and support a black- m~:.'i~v 1 j!~~n tl,':il~:,'j "'111ith and wht(hHig-ht for the said party of the SI'Ctmd part, :md give Stull's. tht'lll iustnwtion in agTieulture, as long, and in such llllliiiH'l'. ns the. l'n,.;idPnt may think pmper. . c\HT. K Whereas t.lw said Plllig-ruting party CtUliiOt prepare fol' im- ti:;~~r"i11,?.'l'r.:.:.,"\1,Y: mediate nmo\al, the l 'nited States ~tipulate, for their })l'otection ct<'. agaiust the inctoaehrneuts, hostilit.ie:-:, and impositions, of t 1e white:,;, aud of all otiiPrs; hut the period of relllO\'al sh:tllnot l'Xtend heyond the ti r,.;t day of ~cptPmher. in the _YP:u PightePn hund nd and t.wcnt.y-six. .\ItT. ~1. This trmtty "'hall he obligatory on the contmdillg' parties, When totulwcffelfth da, of 1\hruan, in tlw \'I'll!' of our Lord oue I holl"':llld Pi t'S on tht part. oft ht I; nitetl :-;raft'". \\'iII imu :\ld nto~h, head t'loief of '~.. ,,ttau!", [ 1 s.] Ehllllllh'C Tn:4nnnnggtt. uf Cow- tau, hiM x Juark. [1.. s.] llolahtau, or('ol. Bhlt', hi" Xlllark, [L .s.) ( 'owl'lau Tustumm~~l't', hi~ x wark, [ 1.. s. ) Artus 1\Iieo, or Hohv ~lduto~h, hi:~ x mark, (1.. ~.J A-9 TREATY WITH THE CRJ<;EKS, 1825. ChiJly 1\Iclntoah, x .Joseph l\Ial'!ilha11, :\thlan Hajo, his mark, TnskPnahah, hi~:~ x mark, Benjamin l\lar~ha11, [L. f:l.) s.l [L. s.) [1 .. [L. H. [L. s. CoeellR llajo, hiK x murk, [L. s. FoT!'halqlll 1\1 ko, his x mark, [ L. s.) 0Pth lamata TnHtnnnn~get>, hiK x mark, Talla~ee Hajo, his x mark; [r.. s.) [ 1.. s.] Tnskl'l!'t'e Tnstunnnggte, his x matk, [L. H. ~ Fol!hajtPTnstnnnnggt>P, hiHxmark,[L. s. l:man Chnceoloc.ana, his x mark, (L. ~ Al.'.~'''o T~I~ht~nnJ!gPt', hi~ x mark, (1.. ") lltJO IlaJo, h1R x mark, [t,. s.) Thla Tho Hajo, his x mark, [1.. ~. l Tomieo Hohwto, his x mark, [ L. s. Yah Te Ko llajo, hiH x mark, [1,. H. No coAt.e Em:tutla, hiH x mark, (L. 11. Cnl. Wm. Mi11er, ThiPI'atdwa, hi,; x mark, ( 1.. "') Ah Enumtla, hi~< . x mark, ( J,. [I.,. K Samtwll\liller, his x mark, [r,. R. Tomoe 1\lico, hi8 x mark, [ r.. !'. Charl1s 1\Iiller, his x mark, (1.. ::<. Tallal"te Hoja, or .John Carr, his x mark,. [L. ~o~.) Otnlga Emantla, hiH x mark, [L. s.) Ahalaco Yoholo of Cusetau, hiM x mark, [J,. H.] Walucco Hajo, of New Yauco, his x mark, [ J,. s.) Cohansee Ematla, of New Yanco, hiM x mark, [ 1.. ~.J Nineoman Tochee, of New Yani'O, his x mark, [ 1.. s) Konope Emantla, Sa111l Town, hi~ x tuark, [t.. "] Chawac11la )lim, l"mHl Tow11. hi~ x mark, [ L. ~.] Fodalu~IIP I:maulta, Sand Town, hi;: x mnrk, (1.. ~ . J ,Josiah Gray, from llitchat.t<, hill x mark, [ 1.. s.] William Knnnar<.] Halathla Fixico, from Big f:;hoal, his x mark, ( L . ~< . ] Alex; La~ley, . from Talledell'a, hi~ x mark, [1.. ~.J E~Jw>koke Hajo, from Talledlga, hi~ x marlt, [ 1.. ~-] Emnnt h Ia Ilajo, from Tallt<.] Nirwomataehee, from T:tlll'dega, hi,; x mark, [ 1.. s). Chuhah Hajo, from Talledt>gn, hi>< x mark, [ 1.. ~.] Etie .Ernatla, from Talledl'bra, hi~ x mark, - [r.. ~;.) Atausee llopoie, from Tallee to relinquish nil the rig-ht. title, ntid eontrol of the Cr(ek nation to the Haid reJo;etn, uuto him tlw :ntion hnn~ be<>n concluded hetwPPn the parti.-s thereto: And. wlwreas, the India.n Chief, Gen<>ral "'illinm l\lelntosh, elaims title to tlw lndinn ~pring Resermtion (upon which there nre very extensi,e buildings and improvements) by virtue A-10 of :L relinqnishnwnt to said Mcintosh, signed in full council of the nation: And, whereas th e said General William l\fclnto!';h lmth claim to nnothe rreservation of land on the Ocmulgce river, nnd hy his lessee and tenant, is in possession thereof: Now these presents further witness, thnt the said General William Jld ntosh, and also the Chiefs of the Creek Nation, in cotmeil ns>. tholt.wwrl "ir;ld lumrlred and lil'l'ldiJ-8;;,, IJ,.fil'l'ol TJ' t . // ,11(/1/11'~ /H' //'IJ1fll/'1', n~'!'CI'i'f111'fJ I! OJ', 1f1lf'l'C II 8jh.'Ciil ,1/ 1(11t,/l101'1:'.'tf1 1IJfj t.fl/13 J>re.~irkflt '!f tlu'- United ,'-,'trrte8, rtl/(l the unrlNwiqnr!rl, (:hJ,f~ onrl 1lcrul .J1f,n 'if tlw Or,,ek Nntion r!f' !ndirtn.~, wh.o !lfne rerei1ed f111/ poWt!l' ,timn tlu1 .wtid Nat/on to conclude and arranye all tlw matten /wre1:n prom'ded.f;n. Preamble. "\Y lltm~<:AR a trmty W!tR concluded at. the Indian Springs, on the twnl ft.h da v of Fe hrwu.r last, between Commi:-<:;ioner,.; on the part of the lJ nit('(i Htates, and a portion of tlw Creek Nation, hy which an extensin\ distri<'t of country was et's, or to make C'Pssion,.;, and that the stipulations in the said Tn'nt,r are, t.hf'refon', "holly ,oicl. And wherf'a~ the UnitPd Stntt's are unwilling that tlifiieulties siHntld exist in tho ~aid Nation, which mar erentuallv lead to an intf'stine war, and are :-;till more unwilling thi1t IL!l)' ecssi(ms of land should be made to them, unless with the f:iir undPrstanding nnd full assent of the Tribe making stlt'h ce~sion, awl for a just and adPquatc considPra- tion, it !wing the policy of the U nit<>d States, in all their intercom,;p with the Indians, to trPat them justly and liberally, as becomes the relaUn' situation of tiH' parties. 1\ow, tlwrt>fort\ in order to remo\e the ditliculties which hare thu:-: arisen, to satisfy the great body of the Creek Nation, and to rcconeilc 'l'IU:A'I'Y WITH 'l'IH: OREEK!:!, 11'!20. the eontf'nding parties into whieh it is unhappily divided, the following artin~ t.he houndary line lll\lWt-en t.hn Cttwk:-~ and Chetoktl's >-tl'ikt,.; the Chat.nlwoehie t'i\'m, 1wat' the Buzz:ud's l~oo..;t., lll('a,;uring the said diHt:llle', us lllt'lllbPrs of the Ctcd.: Nation, it luing- the l':trnest wish of tlw I 1nitl'laints of tho te,;peetivc pnrtic:-;, that all causes of uissatisfactioll shou It he J'(llJI0\'('(1. ArrriGLF~ 6. That pot'tion of the Creek Nation, known us the friends all(l follow- an~ig,~pu~\~~ 1011 ~':,~~; l'l'>' of tlu late U:eneml \ViJliam l\fe!Hto,.;h, ha\'illg' intimate<} to the g-onrnnwnt o f t Jtc lJ n1ted,.tppl , cl<. the :-;i:,;sippi, it is hPt'Phy ngteml, 1\'ith thPir n:;sent, that u deputation of liv" por,..oll!-1 ~.Y the Choetaws or Cherohes. And the United States agree to pu1ehnse for them, if the same e:ut he conrPn icntly done upon reasonable t.Prms, ,vfHnrm they may sehd, a tountry, wh?sn extent Hindi, in !!te opinion of Uu.\ l'rPsident, he pro,Jor_ti'!'ll'd to thctr nttmhers. And tf Slll'h purehas1' <"llllltot 1>1\ tints llllll P . 1t 1s tlwn agn'Pd that, tlw rI'PtPr, .shall hn appointc'd to nttom- u ppoint(fl . In with tlu.m. n ~ld1~ pany and t'PHidn with tlwtll. And a hlal'ksmitlt atul whl't>lwright, shall hP furnislu~d br tlw United ~tall~<. ~1wh assistance slwll al...;o "" rcn- dcrl.d to t.lwm 'in their agricultural opl\l'atious, as the Prcsidt'nt umy think proper. AnTICLE !1. !'resent.' to Indian,, In consideration of the exertions w;ed 11\ the friends and followers of General :Mcintosh to proeure a cession' at. the Indian Hprings, and of their past diffkult.ie:-; and <"ont.etli]Jiated removal, the Cnited Htatcs. agree to prc:-;ent to the Chiefs of the party, to he di,ichd :u11ong th(\ Cltiefs and warriors, the sum of mwhundrcd thousand dollat',-, if sul'h party shall amount to three thousand pmsous, and in that proportion for anv smaller nmnher. Fifteen thowmnd dollars of this Slllll to he paid illunediately after the mtifieation of thi:s treaty, and the residue upon their arrival in the country west of the .Mississippi. AnTICLE 10. Ccrtnin rlamnges to be ascertained, etc. It ii' hy tho agreed by the Creek Nation, that an l'n~sident, to nseertain tlw damages agent shall lw appointed .sustained hy the ftiend!' and followpr;; of t.hn late General lVIclnto;;h, in const>quetH'O of the dilliculti<'s growing out. of t.he Treaty of t.IH' Indian ~prin_!,!'.s. a.s set fort.h in nn agTI'I'IIIPnt: !\n(I'I'Pd into with UI'IIPral (;nins, at tl11~ Bmkm1 Arrow," nnd whieh lm\'(\ hPI'll done contran to the laws of t hn CrePk Nntion: nnd sH . appotnt<'d hy the PrP;;ident; and the :u11ount thus aseertained shall he paid to the parties owning sueh improvements. ARTICLJ; 12. Po~qpro~sion of country ceded. PossPI'lsion of the country herein eeded shall he yielded hy the Creeks on or hefore the first da_v of .January next. nThi~ agn't'.llll'nt, which i~ uuratitied, iH ~et forth in the ,\ ppcndix , po~t , p. 10:!4. The ori;!inal ('all not he fonnrl, IJnt. a copy is among the files of the ludiau Ollice, General Files, Creek, ll\:!5-ll-126.-E. 1'. Gaines. A-14 TREATY WITH THE CREEKS, 1826. The United States ftgree to guarantee to the Creeks all t.hc country. 81~:~:~~~~~t~ehyUnlh"1 not lwrein eeded, to which they have a just elftim, and to make good to thPm any lo:>HCS they may incur in consequence of the illt~gal condul't of any citizen of the United ~tates within the Creek eonutry. Tho Pre:;ident of the UnitPd StatP:; "hall ha\'C authority to select, in Authority Prt'sitlent. of the sonw pnrt of the ( 'nck eonutry, a tnll't of land, 110t exl'ecding two sPl'l ions, wlu~n~ the nt ~Cf'sHary puhlie hni !dings may be eroded, a11d the petsons attaclwd to the agene,r may J"Pside. A1n1cLE 15. \\' hercn~r any stream, O\'er which it mny be necessary to estahlish cr~~~k~~ty gmuted the ferrit>s, forms the honnda ry of tlte Creek country, the Creek Jnd ians shall havt~ till\ right of fPrTiage from their own land, and the citizens of tlw United State:; from the land to whieh the Indian title is cxtingnislud. Auncu: Hl. The Cteek Chiefs pe. o ple, who shall hCl nmy lll){)Oint three Commissioners from their own allo wPd to attend the . I'Uillllllg" of. the llltPS wnate, shall he obligatory on the U nitPd States and on the Creek Nation. I11 tPstimony whereof, the said .TanH's Barbour, Seeretary of 'Var, autlwrizPd as af<)J'(~said, and the chiefs of the said Creek nation of Indians, han~ lwreunto set their hands, at the City of Wa~:-~hington, the day and ytar aforesaid. Janll'~ BarlHlllr, 0-puth-lt Yoholo, hi:-! x mark, .luhn :-;tidharn. hi~ x mark, !\lad \\"ulf, lri~ x rnark, 'ltrtawl'<', hi~ x rnark, Tu~k(t~ktP Tn:-ofllllllttg~tt, his' nutrk, Clrarlt~ t 'urnlb, his x mark, Timpooehy Barnard, hiR x mark, A paul _,. Tu~tnniHJ).!get>, his x mark, ( \>t-.:--:a Tn~ttnntt~;.!Pt\ his x. rnark, l\:rhl'tltt llopit', hi~ x mark, t"p)u..tu, hi,; x 11rark, Ltda::i, hi~ x mark, Yohoh' )li!,o, hi~ x mark. I11 prPstJu,~ of - Tho11ra~ L. :\1..!\:tlltHJ\", LPwi~ (,a:--::-~, .. .John ( 'ruwtll, :r;.rnt for l11dia11 Affair~, llt~:wkiah 1\liller, .John Hid):(!', ~terl'tary Crt>ek delegation, lla\"id Y:11111. A-.15 HUPI'U~i\11<:1'\'l'AltY AwncLl~ TO nm Cm~ t-:K T1n:ATY su. t.wenty-fourth day of .hutWLI')", 182(), lwtween the undersigned, parties to ~s for the running of a line .. beginning at n point on the WPstPI'Il bank of the <..:hatahooehce rh'er, forty-se\en miles below till\ point whcl'O the boundary line between the Cn~t>k8 nnd Cluwoktws :->trikes tlm snid river, near the Bnr.~:ard's Roost, nuns- Hl'ing the saitl dist:uwe in It dircet line. and not following the llll'lttHiers of the saiclrinw, and fl'Omthe point of bej!inning. running in a din~ct line to n point. in t.h(l homulaty linn hdwNn the ~aid CrPl'k~< and the Clwrokt'Ps, thirty mik~< WP~ the Bur.r.n.td's Hoost, and thence to the plaee of IH ~ginning- it being understood that thP>;o lin!'S arc to stop at. thPir intl'l'.'>l'd ion with t.ho boundary line between Georgia all(! Alalmnm. whcnnr that may be, if that lino 1-dtall cro~s them in t.hc dindion nf tlw B11;~.t::ml's Uo;>St, at. !\ shortPl' di:->t:wee t.h:111 it, is }li'OVidPd tfwy ~ion of t.he two lims aforP~' Barbour, Opnthlt Yoholo, hi>' x mark, .John l"t.itlham, hi>' x mark, l\T:ul \\'olf, hi~ x nmrk , Tuskel'kee Tu,.tunnngget, his mark, Yoholo 1\[i,.t;o. his x mark, .:\lenawee, ht;; x mark, rl.. ~. ] [1.. >'.) [r.. ,., ] [1.. >'. ) x [1.. :<.] [L. t;. ) [ r,. s.) ('harl ~ Cornell,, hi, X lllHrk, [!.. s.J :\pauly Tu>'ltillllllg'gt P, Jli,. x mark. [r.. ><.) (',.,. , a Tu,tullllll:,!gtt>, hil' .x wark, [1.. 1;. ] .\'alu thw llopit , hi' x wark , [r.. !<.) :-;l'lot'ta. hi,. x lllark, [1.. fl.) Tinquu>chy Barnar.l, hi,. x mark, [r.. R.) Lelal!i , hi~ x mark, [r,. s .] In pt'PS!'nce of-- Thomas L. l\lcK.tnne\-, .John Crowell, ng-Pnt. fot Indian atfairs John Hirlgp, secretnr,,-. D:wid \'ann, \Vm. Hambly. A-16 TREATY WITH THE CREEKS, 1827. :"0\', J;'l, ]~~i. Arlid1'~ ~~f' ll.f/l't'f:nu Jd 11W1/,, 0111/ 1'ond11rlf'd ((t tllf Crl'tk Agl'llt:!l, on tl" ; .:-:tat., :m;. .tU~''e?dh doy '!l l\~Jr, mhl', II/IIi tlt.ou.vwtl f' ifJM l1111tdr,d "nd twmf!l- l'rt H'lnmntiotl, ;\lnr. I, ~~~X. .~,,,., .n, hdlrnn TluiJJI(/8 L. Jlcl\~'IIII<'Y ""d .foh n (},o,,.l'lf, in hr:ha(f '!f' tl,, flu-ited ,'\f,,rf, .~, '!f' til(! oJW _}Ia rt, and Litt/13 PrinCt! (flld otl11r.~. Uh.i'ifH and l!Mrl _ilfen 1ft/,,, Cr,"rt. oq.rin. and it. ha,ing lwe n the opinion of the part.it's, at. the time wlwn :>aid Tcnt.,\ wa..; eoJliludt>d, that. all, or m~arly all. of l'aicl lands W\'1'1' t:'ntlnai'I'O in said <'l'~sion, and hv thn lim's us dl'litwtl in said Trl'ah. nnd t hi' supphmental nrticle tlieret.o: and wherca,; it haYing been A-17 'l'REA'l'Y WITH THE Cin:J<:KS, 1~~7 . .~inee ascertninerl that the said lines in said Treaty, and the :supplement thtrl'to, do not embrace all the lands owrwtl by the CrPPk Nation within the ehartercd li111its of Georgia, aud t.lre Pn~s ideut of tlw l ' nikd StaiPs ha\ing urged the Creek Nation further to extmrd the limit,., tls dclirwd in the Tnaty aforesaid, aud the Chiefs ttnd hmd men of the Cntk ;\ation lwiug k Nation aforesaid, and as :;oott as may he aflr t IH' apJ.)rond and ~atilieat.i.on of t,hi;s H'l't:nnHmt., in tl.wusual ~orm;;, by t lw l'l'""ldl'llt and ::-;I ~ Jtat.n of tho l nrtLtl ~tatns, an'nrllwrngMnwnt. Stall's, to allow, on :Hcouut; of thn <'1\:.:sion IH\I't'in lll:ld1, the :ulditional su111 of tifhen thousand dollars, it h1\ing the und!'rst.anding of '"'th thn part iPs, tltat ti\'e tlwusand dollars of this sum ,;hall he applied, umler tht dirpdion of tlw Presidtnt of thP United States, towards the edtwa- tion and support of (~n'ek children at tlw :whool in Kentueky, known hy thl' titk of the .. Ulillc!.trlltl ~kwlt-nry," and under the existing regn- l:tt ions: also, or1e thousand ntimu'< nnd foregoing ll.t"tides of 1\),!'rcmncnt a111l st>ssion. In witness whereof, the parties h:we hereunto set t.lu,ir hands and seals. t.lw < x 111;1rk, lkht'l' Town: Timpothc Hanwpl. 1'.1\'C.I'. th !tuliom. A HTI<'LI: 11. The l Tnit(d StatP~:~ l'ngnge to survey the snid land n:-~ LILntllohuneyl, soon a:-~ tlw :mmn ean h11 convPHient.ly done, after the ratification of this ctt. treaty, nnd wlwn the same is surveyed .to allow ninety prindpal Chiefs or the Creek tribe to :,~eleet one section each, and every other head of a CrePk family to select one half section each, which tracts shall he resPIT ed from sale for their use for the term of five years, unless sooner di:-~pm;ed of hy them. A census of these persons shall be takeit under the direction of the President and the selections shall be made so as to include the improvements of each person within hi~:~ selection, if the same t:m be so made, and if not, then all the persons belonging to the sunw town, entitled to sdections, and who elm not make the same, HO us to include thei1 improvements, shall take them in one body in a prop<'r form. And twenty sections shall be selected, under the going- may linn. he li1nted, nnd patents for the snnw shall tlwn issuP to those persons, hcing- ()reeks, to whom the same may ho as:-;igned h.r the Ctel'k tl'ihn. But whcncvet the gmntPes of thmm tmds possess impro\'Cilll'nt."', !'HI'h tracts shnll be so lol'ated u.:-; to ineludc thn itupto,cnumts, aml ns IIPHI' n~o~ mny he in the cPntm. And there shall also he granted hy paiPIIt to Benjamin Mnrshall, one section of land,to include his impronnHttts on the Chnbthooehec river, to be hounded for one milo in ndi rect line 11.long the said rhe r~ and to run hack f(H' qunntity. There shull also be gmnt~>d to .roseph l~runer a. colored man, .one half ~;ection of land, for hi~ ~;erviecs as an interpreter. mf:t::~lion.howtobc ARTlCLFl VII. All the lo1~1Ltions authori;r.ed by this tre~tt.y, with the HX<;,eption of tlmt of Benjamin Marshall shtill he made in conformitY with the lines of the surveys; and the Creeks relinquish all elnim for impr11\cments. ''lclllinnnl ln.Cn~ko . nnunlty s JmAlt(tThICor.Fp.aiVd lll. tot A .JH~ n C ndditi reeks onnl for aiumit.y Ute term of of tweln1 thousand dollars five1 .n~ars, and tlwrenf. t.cr the l!laid nnnuity 11hall be reduced to ten thous1lnd dollnri-l, nncl shnll hn pnid .for tho term of tiftntltt yen.r~;. AII the nnnititil's due to the Creeks !'{hall he paid in sul'h numner as the tA:ihe may di1eet. lmU1mrsoiinls, hnt t.lu wholt> !'IIIII niJowed undl't' t.his provision :;hall not CXeecd fourteen hundred dollars. Them Ahnll lm hnll be rcmon~rmdy guamutied to the Creek Indian:;, not shall any State or Tt~l'l'i- tory P\"'1' han~ a right to pa:;s laws for the g-ovcrnnwnt of :;11eh Indians, but tilt')" :-;hall hn allowed to govern thentseln~s, so far as may he com- patihlo with the g1neml jurisdiction whieh Congress may thiuk proper to t!xen~ise over t.lrem. And the Unitt>1l Statts will also defend tlwm fl'om the unjust ho:;tilitil.'s of other Indians, and will also us soon as the boundaries of the Creek ~~ountry \Vest of the Missi:;sippi are ascer- tained, cause a patent ot grant to he executed to the Creek tribe; agreeably to the Hd :-oection of the net of Congress of May 2d, [28,] 1830, 1830 ch. H~. entitled "An ad to pl'Ovide for an exdmng-e of lands with the lndiam; residing in any of the States, or Territories, and for their removal \Vest of the ~lissi:-;sirpi." . . AHTICLJ.: X\. This treat.y :shall he obligatory on the contracting par- w~.;~~,Wfil~thgutory ties, as soon a:; tlw same shall he mtitied hv the United States. In testimony whereof, the said Lewis cass, and the undersigned chiefs of the said tribe, ha\e hereunto set their hands at the city of Washington, this 2-!th day of March, A. D. 1832. Lewis Cass, Opothleholo, his x mark, Tnchchatcheebadgo, hi:s x mark, Etiematla, his x mark, Tuchehat.che Miceo, his x mark, Tomack .Mieco, his x mark, William lVIeGilvery, his x mnrk, Benjamin Marshall. In the prcsencn of\ SantuPI Bl'll, William H. King, .John Tipton, William \\'ilkius, C. C. Clay, .1. Speigl{t, H:unnPl W. Mardis, .1. l'. 1:-oaek..;, .John Cmwt>ll, 1: .f. lkrrjamin ~lar:-;lu,ll, Thomas Carr, .Johu H. Bl'Odnax, lu terpretcrs. Material included in the original manuscript of this report and which could not be copied with clarity is the following: A-22: Notice of the Celebrity of Indian Springs from The Daily Georgian, (Savannah, Georgia), August 12, 1824, p. 2, c. 1 (on Microfilm at Georgia Department of Archives and History, Drawer 78, Box 40). A-23: Notice of "nte Indian Mineral Springs", The Georgia Journal (Milledgeville, Georgia), March 13, 1827, p. 2, c. 6,7 (on Microfilm at Georgia Department of Archives and History, Drawer 222, Box 71). A-24: Indian Springs Tavern Advertisement from The Macon Journal and Messenger (Macon, Georgia), June 24, 1828, p. 3, c. 6 (on Microfilm at Georgia Department of Archives and History, Drawer 51, Box 70). A-25: Indian Springs Tavern Advertisement from The Macon Journal and Messenger (Macon, Georgia), June 9, 1832, p. 4, c. 1 (on Microfilm at Georgia Department of Archives and History, Drawer, Box 71). Photostatic copies of this material is available at the Historic Preservation Section office, along with three maps, which are the following: 1823 Map of Georgia and Alabama, showing Creek and Cherokee Territory. Published by H.S. Tanner, Philadelphia, 1823. Copy courtesy of the Surveyor General Department, State of Georgia. 1828 Plat of Indian Springs as laid out by commissioners of the State of Georgia. Original in the Surveyor General Department, State of Georgia. Indian Land Cessions in Georgia, 1733-1835. Prepared by Hugh Riley, University of Georgia. Corrections by Pat Bryant, Surveyor General Department, State of Georgia. J3. Jl. ,......., "~' ~======~- .. ,,('.,, / ~ '" . %..., 7/. '!.,.. ..~ i.,.f --- -----~-- r ,.,.\ . I ! .. ', \ 7~ 1r :,.. ' 58 .1 ..... . :~- "Georgia, Butts County. The above plan is a correct Representation of the Reserve and Village at the Indian Spring as laid out by th~ CoDIIlissioners, March 1828. Hugh MacDonald, Surveyor" Original in the Office of the Surveyor General, State of Georgia. -. ... ~ - ~- - : ~. . ' ' \I I !I .-:. . . ) \ ..: : . .\..- . t I t-..:-:.,~'.. .~-- .;t- . ; ...;-- r-:. ._.- -----~ .... ~.._. - .-. . _. - - . ~ -. : t . -- ..... ~- 0 .. . ~ I . ~ .- :" : . -- . ' -._. - ~ .' 1~ ~ ~~ ~ j ..i, \. . ' ... 1~ ... .. ::o. j . .I ... ! . I Report of the Connnissioners appointed to dispose of the Mcintosh Reserves in the County of Butts. April 1828 . . :il ~eral, Original' in the office of the S; rveyor State of Georgia: . . . 11 .. . ... . . . . ' } ! : .. ' . .. . ' . . . . . ~:: : ,!~ A-27 A-28 I; . ! ' .. . L- .. -- ---- ' .\. - - - ~-- .. '\. 1 ! I ! i I l I I ! ,<. ~ I ) ! r I -----------l A-29 /~' cf . >) ~/1 /r . (:}-t ., ', ' 1/ I 'I ,, i I f I / . ,, I I \' l I I \ \ .' ~ _,1_ ,I , ,'.. ,, l I ! i ~-~ 1/ /1 l l l ,I. ~ ) -1 /I<. t (;':/''. ,._\_; ~ 1 I \ / , ; . ' ' ) I ; r. ~ 1 IJ; 4 l ., (. <.- ; ) .. . ' .. / ~- :;, .. I ~. J '~ . . ..; /, I /. ' '<' / ' ''.).' . v'y"t <:} -' ;)> > 't'/ 1/.'t,r~t t ,.1; - "- ---~ ......J ' l . .... . .. ~ : pf l /h~ <.':/_./;~.;\,. ") / /) J ;'!' " { ,: I , I .......t ) ' .<1 I .-1 :1 ' w-.'.. ~ .,(',.}6,JJ , (< ,.___ ,t,/ ) ) /. (<' ~,.:_.,~ .Jt. t ]. !L- ..... _....,~ A-30 - ., / j ! ~ i! li i; !I :I ' i' .,' I I I I /J / >:: / ,-~//,, ?/~ : ~/' I \ '. ' . ... / )} .' I I ( . . .F ' v < ' / ~ ... .......... . .' '" ~ " ........ .. ,. .. ' . ... . --, ,,.,,,. l ., ;""' . '-'l . ~ --:. ,. \ ..... I I I I I I ,JrY e-3 (;/ I - I I .I . I /' , I /: I ./). /' / ,' I, ;),'C_.-;,.,lS. A JL 6 -J- . 777 / J // 3 /' ~ /:2 ;f;;, -/ s z ) . /;J c..- .~ / 1- .r2t7 i.~ } / .5 / 7, ~{/;;; !( f' ~\I /,J ~1(? :z / -0~ a lfi:.' F I. J .._ ' ' 'I ' I i ( ! ,.:?./..,!."/7 y ,) /. ~ ' ,....) (' ., /,/'' / .t:. ; /] ,.., , ( .. .-c.:'~ ' (/ 'l /; / ./') ~ I ., A-33 A-34' !: I i i .ljl 'I ': .II' i i 'I I ,I .,1 ; - -- - -- - - - - - - ------ - ----- ----- Inventory and Appraisement of the Estate of Henry Dillon, Deceased Source: Butts County, Georgia, Wills and Returns, 1845-1851. A-35 "An Inventory and Appraisement of the Estate of Henry Dillon Deceased No. 1 2 3 4 6 7 8 9 10 11 12 13 14 16 17 18 19 20 23 26 27 28 29 30 31 32 32 34 36 39 41 42 44 46 47 49 50 51 53 Ephraim a negro boy valued at $833.00 Fanny a girl 850.00 Lydia a woman 550.00 Sarah a " 200.00 1 pair match mules 170.00 1 gray pony 40.00 1 waggon & harness(2 horse) 40.00 1 buggy and harness 100.00 1 piano forte 150.00 1 bureau 20.00 1 looking glass 3.00 1 fine clock 10.00 1 lot books 40.00- 1 centre table 5.00 45.00 1 dining table 8.00 1 book case medicines etc. 5.00 1 wardrobe 25.00 1 pair brass andirons & fender 15.00 1 couch 4.00- bedstead 6 . 00 beaureaw 10.00 20.00 1 couch 4.00- 1 lot bed clothing 25.00 29.00 1 Bonners Map of Georgia 3.00 1 looking glass 2.00 2 beds & 2 mattresses 35.00 1 bedstead teaster 1 trunnel? & cord 4.00 1 cooking stove 35.00 1 lot pots ovens etc. 12.00 1 " wood & tin ware 4.00 2 pine tables 1.50 2 collins wares? 2.00 3.50 1 grind stone2.001 lot hoes & mattocks 2.25 4.25 10 barrels 3.00- 1 lot jars & jugs & 1 tin can 4.00 7.00 2 dish cover 1.00 1 Lot crockery and glass ware knives forks & spoons 30.00 1 pine dining table 3.00 1 small pine table .50 3.50 1 candle stand .50-- 1 table bell .50 -- 1.00 20 split bottom chairs 6.00~ 13 windsor do. 13.00 19.00 2 rocking chairs 2.00 5 mattresses 20.00 22.00 2 under beds 2.00 1 bed 4 pillows 2 sheets & 1 counterpain 12.00 2 bedsteads 12.00 2 wash stands & looking glass 2.50 14.50 1 small pair andirons .50 Amt. carried up $ 3328.25 A-36 No. 54 56 56 58 61 63 Amt. Brat. Up $3328.25 4 Bedsteads 20.00 15 pillows 14.00 34.00 1 bed & furniture 14.00 14.00 6 mattresses 30.00- 1 Lot Bed clothing 50.00 80.00 10 blankets 7.50--2 tables 2 glasses & 2 ewers & basin 11.50 1 small pine table 25--1 hare mattress 20.00 20.25 1 bed under bed & bedstead & cord 20.00 1 note on Jeffersom M. Varner, Andrew J. Varner, Clinton Varner & Edward Varner, Secy. due the 25th day of December 1850 and dated 6th October 1849 bearing Interest from date if not punctually paid for. 2000.00 1 note on the same parties dated the 6th October 1849 and due 25th December 1851 for 2000.00 1 note on the same parties dated the 27th day of June 1850 and due 25th December 1850 and bearing interest from the 1st January 1850 for 450.00 1 note on the same parties dated the 27th day of June 1850 and due 25th December 1851 for 450.00 1 note on 1 note on (NOTES DUE THE ESTATE & PAYMENTS ON SAME) Roger McCall due 25th Sept. 1842 for $ 106.00 William J. Hobbie due 27th July 1839 for 14.44 Phillip Gordon 12th Sept 1839 12.50 E. Wetsell 23rd Aug 1839 for 5.00 K.D.Bridges 6th Oct 1841 " 21.00 Nathan ? Lanear 5th May 1838 11.00 Charles Southworth 19th Apr 1834 for 12.00 Elijah Miller E.G. & J. Hill K.D.Bridges James H. Miller Joel H. Grubbs 17th Jan 1839 for 1st Apr 1835 " 9th Sept 1840 " 7th Sept 1838 " 9th SeEt 1840 " 8.06 5.68 20.00 5.00 10.00 Credited 18th SeEt 1840 with $450 Jesse F. Clay due 23rd Jany 1838 9.12 Elisha Crow 7th Feb 1837 5.25 John H. Travis 3rd May 1838 2.25 Thomas Dillon 22nd Apr 1840? 10.00 Sanders Lot 23rd Oct 1837 1.18 James Henderson 17th Feb 1837 20.00 P.P.Cick 7th Feb 1837 14.25 Same 1st Feb 1838 5.00 Same 18th Feb 1838 17.00 Same 23rd Feb 1839? 8.25 Both Amts Carried Up 329.48 8408.00 A-37 Amt. Brot. up (NOTES ON THE ESTATE CONTINUED) $329.48 8408.00 1 Note on W.C.Huson due 27th Feb 1838 for Henry McCallister 14th Dec 1836 Irvin D. Mounce Ward Hutchison 8th Mar 1841 "1st Apr 1828 B. Billings 2nd Jan H~33 J.W.Brantly 13th Feb 1825 W.E.Ogleby & F. Travis 2nd Jan 1838 J:L':Parker 24th Jan 1838 Caleb T. Shaw 15th Nov 1837 Same 11th Jan 11 Saml. W. Quay 24tH .Sept 1840 W. McCurry 7 Sept 1841 George W. Jones 14 Novr 1836 A.B.Webb 24 June 1843 W.J.Morrison 23 June 1840? R.J.Herrod 10 Jany 11 Leroy T. Greer 12 Sept 1839 Owen Tiller ? 3 March 1830 Irvin D. Mounce 25 Jany 1837 Thomas Henderson 22 Jany 1839 Gillis Lumpkin 12 Jany 1838 A.M.Smith & S.J.Hendrick 14 Jany 1839 George W. Cook 17 July 1841 E. Warren 4 Sept 1840 J.S.Sumpt & S. Hilman 7 Octb 1840 S.M.Greyson 11 Octb 1842 Isaac Morris Jany 1839 J. Henderson 29 June 1833 William Fuller 15 Sept 1843 John H. Hendrick 22 Novr 1836 10.00 4.37 1.62 16.50 60.00 24.25 8.87 20.00 5.00 9.87 30.68 80.58 3.00 3.93 2.75 1. 00 5.25 5.12 54.60 2.00 40.37 96.50 6.00 10.00 96.00 205.00 2.00 28.68 66.50 20.00 $ 1243.92 All the above notes except those on the Messrs. Varner are out of date and considered by us to be entirely worthless. 1 Double barrel! shot gun & horn 1 pair spring balances 1 English Heifer 1 Cow & calf 15.00 1 do.do. 10.00 1 do.do. 12.50 1 Bull English 6.00 3 shoats 7.00 25.00 .25 15.00 37.50 13.00 105 1/3 Acres land lying near the Indian Springs and on the Indian Springs Reserve not viewed by the appraisers Amt. Carried Up 8498.75 A-38 (Continuation of Estate records) 1 Account on 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J.R. Compton .for James B. Camp (?) P.E.Parkerson Martha Norris McClendon & Swam (?) S.H.Saunders Sarah J. Douglas R.G.Duke J .C. Little W. F. Swan J.G.Thompson W.B.Hunt Joshua Patrick F.J.Childers John Andrews C.A.Mullins (?) W.R.Bankston J . C.Boyd F.S.Stewart S.U.Duke Amt. Brgt. Up $ 8498.75 48.33 62.66 58.10 2.00 15.00 6.50 1.00 2.00 3.50 3.75 6.75 1. 75 7.00 12.25 5. 75 2.00 4.00 6.00 7.00 (omitted) (Total not given) Georgia I We the undersigned appraisors of the estate of Butts County I Henry Dillon late of said county deceased do hereby certify that the above and foregoing six pages contains a just and true appraisment of the estate of said deceased to the best of our judgment and understanding- Given under our hands this 3rd day of Sept. 1850. W.R.Bankston I John Andrews IAppraisors Robert G. Duke I Georgia I Butts County I I do hereby certify that the above appraisors were duly sworn by me to perform their duties as such, September 3rd, 1850. J.R.McCord, J.P. Recorded this 16th Octr. 1850 John McCord C.C.O. (Clerk of the Court of Ordinary) A-39 WILL OF CYNTHIA H. VARNER From Butts County, Georgia Deed Book L (1881-83) p. 193 ff. (Superior Court) Georgia, Butts County In the name of God-Amen !,Cynthia Hardwick Varner, being weak in body, but of sound mind and memory do make and publish this as my last will and testament hereby revoking all others. 1st. If I should die indebted toany persoq or persons, I wish payment to be made out of my estate, together with all propercharges for my funeral expenses. 2nd. tn addition to the provision made for my daughters Armanda and Josaphine by a deed of gift executed this day _! desire and direct that each of thein have one fourth of my estate, the other two fourths I wish equally divided between the children of Clinton L. Varner and John C. Varner, my two sons, the children of the former to have one fot1rth, and children of the latter one fourth,; and children born after my death, if any should so be born, to be admitted to an equal share with the other children of the same family. 3rd. The property intended to pass and be disposed of by this will is the whole of what I have lately owned or been possessed of,except what is embraced in the deed of gift above referred to. 4th. And I hereby nominate and appoint my said son John C. and my said daughters Amarida and Josaphline my executors to carey into effect and see to the execution of this will. Cynthia H. X Varner SEAL her mark A-40 Signed Sealed publish& and declared by the testatrix as her last will and testament, in our presence, and in the presence ,()f .- -and of each other we subscribe the same as witness, this tenth day of March, 1881. J.H.DMcRae R.J.Lawson W.F.Douglass (Mrs. Cynthia H. Fitzpatrick Varner died December 15, 1882 at Indian Springs.) WILL OF AMANDA VARNER From Butts County, Georgia Will Book B, p. 136 (Court of Ordinary) A-41 State of Georgia, Butts County. Last Will and Testament of Miss Amanda Varner. I, Amanda Varner of said state and county being of sound mind and memory do make this my last will and testament. Item 1st. I give bequeath and devise to the Methodist Church at Flovilla, Ga. one lot in the town of Indian Spring containing two acres more or less and known as the Wiley lot, and I appoint R. Troupe Smith as trustee to carry out this item for the church. Item 2nd. I give bequeath and devise to my friend Mrs. A.H.Ogletree my milch cow Susannah Westley. Item 3rd. I give bequeath and devise all the remainder of my property both real and personal to my sister, Josephine Varner. Item 4th. I hereby appoint my friend A.H.Ogletree executor of this my last will and testament,this 24 day of March, 1915. Amanda X Varner her mark Signed declared and published by Amanda Varner as her last will and testament in the presence of the subscribers who subscribe our names hereto in the presence of said testator at her instance and request,and of each other the signing in our presence and we signing in her presence. L.D.Hoard Mrs. Bessie Bryans (?) R.W.Watkins Probated in solemn form at January Term, Butts Court of Ordinary, January 3, 1916. Rec. Jan. 7, 1916 (A Stat6llllent follows dated January 3, 1916 signed by the heirs acknowledging the witnesses statement. ) A-42 WILL OF MISS JOE VARNER From Butts County, Georgia Will Book B, p.232. (Court of Ordinary) Last Will and Testament of Miss Joe Varner. In the name of the Blessed Heavenly Father, Amen. I (Miss) Joe Varner of Indian Springs, Butts Co. Ga., being of sound mind, memory and understanding, do make my last will and testament in number and form as follows: First. I have used as I desired some personal property and previously given to those whom I wanted to have it the personal property remaining in my rooms and given directions as to the delivery of same. And with friends, provided and arranged for my funeral, which I desire to be conducted in a simple manner. Second. I hereby direct and empower my executor to sell, as soon after my death, as in his judgement is practicable, my real estate, the horne in which I now live, mine by reason, of a deed of gift, from my mother to my sister, Amanda, and myself, and the vacant lots adjoining, all to the best advantage, either at auction or private sale and divide the proceeds in the following rnanner:(1/5) One fifth to the legal heirs of my half brother Wrn H. Byrom. (1/5) One fifth to the legal heirs of my brother Early Varner. (1/5) One fifth to the legal heirs of my brother Sam D. Varner. (1/5) One fifth to the legal heirs of my brother John C. Varner and (1/5) One fifth equally between Forest Varner and Julia Varner Chapman, both children and heirs of my brother Clinton L. Varner. Third. If any of the children of my five brothers die without issue before the sale of my said real estate by my executor, then I direct that their share be equally distributed between their living brothers and sisters, and should any of the heirs of my five brothers object to and interfere in any manner with what I have done in the division of my estate, I direct that their part be equally distributed between their brothers and sisters. Fourth. Any will previously made by me at any time is hereby revoked. Fifth. I hereby appoint my friend R.P. Sasnett, Executor of my will and request that he not be required to give bond. In Witness Whereof, I,(Miss) Joe Varner, the testatrix, have to this, my last will and testament, set my hand and seal, the 15 day of September 1923. Miss Joe Varner.(Seal) A-43 Signed, sealed and declared by the above named Miss Joe Varner, as and for her last will and testament, in the presence of us, who have hereto subscribed our names at her request, as witnesses thereto, in presence of the said testatrix and of each othe~ J .W. Oneal. P.R. Weaver. J.E. Cline. Codical to last will and testament of Miss Joe Varner. Georgia, Butts County. Whereas, I did on the 15th day of September, 1923, make, sign and seal my last will and testament and publish same as such, in the presence of the subscribing witnesses, whose names are subscribed thereto, and whereas, I am desirous of adding a Codical thereto as follows: That on the 3rd day of April 1928, I did make an advancement in the sum of $600.00 to my nephew, Forest Varner, which said sum $600.00 I intended to be accounted for by said Forest Varner in the distribution of my estate, as his name appears in my said will as one of the legatees in said will. Therefore, I now direct my executor named in my said will to deduct the sum $600.00 from the share or amount that would otherwise be paid under said will to Forest Varner. And that said sum of $600.00 heretofore advanced to said Forest Varner be accounted for as such in the distribution of my estate. Signed, sealed, declared and published by Miss Joe Varner, as her Codical to her last will and testament, in the presence of us the undersigned, who subscribed our names hereto in the presence of said testatrix, after she signed her name thereto and at her special instance and request and in the presence of each other. This the 21st day of September 1928 Miss Joe Varner (L.S.) Testatrix Witness: C.L. Redman R.W. Watkins R.P. Sasnett '~ill with Codical Probated in Solemn Form, January term, Jan. 7-1929'.' J .H. Ham, Ordinary. GENEALOGICAL INFORMATION CONCERNING THE VARNER FAMILY (Courtesy of Paul J. Varner) HUSBAND Edward Varner BORN November 4 1790 PLACE DEATH February 19, 1869 PLACE Milledgeville, Ga. BURIED Milledgeville, Ga. FATHER Frederick Varner MOTHER MARRIED TO: ( 1) Emma Dent DATE October 30, .1810 d. March 20, 1822 PLACE (2) Cynthia H. Fitzpatrick DATE July 6, 1823 PLACE Jasper County, Ga. BORN Sam Early 2 21 1820 3/25/1816 Frederick Augustu 3/1/1822 Ann(?) Eliza 10/5/1817 DIED WHERE DIED 10/1/1818 Andrew Jefferson Jefferson Monroe Clinton Lafayette Mary Josephine John Clarke Cynthia Amahda Narcissa Josephin - -- - ---- -- --- - ( 2) WIFE Cynthia H. Fitzpatrick BORN February 15, 1798 PLACE Greene County, Ga. DEATH December 15. 1882 PLACE Indian Springs, Ga. BURIED Indian Springs, Ga. FATHER Rene Fitzpatrick MOTHER Mollie Hardwick MARRIED PLACE FATHER Birth Death MOTHER Birth Death Place Place Place Place Place WHEN MARRIED WHERE MARRIED MARRIED TO -- . - --- - ---- ---- -- HUSBAND Clinton L. Varner BORN November 20, 1827 PLACE Jasper County, Ga. DEATH July 19, 1881 PLACE Chattanooga, Tenn. BURIED ------------------------~--------~------------- FATHER MOTHER MARRIED TO: Ann Gray DATE March 13, 1855 PLACE Butts County, Ga. DATE PLACE BORN Franklin L. Andrew Jackson Julia F. Malvern Hill 12/23/1855 9/14/1858 2/11/1861 7/11/1864 Forrest G. Paul H. Robert Lee 7/14/1866 7/17/1868 11/1/1870 DIED 9/26/1856 9/18/1882 8/3/1927 9/14/1865 4/29/1950 1900 1/5/1908 WHERE DIED WIFE Ann Gray BORN DEATH BURIED FATHER MARRIED FATHER Birth Death MQIHER Birth Death WHEN MARRIED PLACE PLACE MOTHER PLACE Place Place Place Place Place WHERE MARRIED MARRIED TO . HUSBAND Forrest G. Varner BORN July 14, 1866 DEATH April 29, 1950 PLACE near Cuthbert Ga . PLACE Indian Springs -B-U-R-I-ED------------------------------------------------- FATHER Clinton L. Varner MOTHER Ann Gray MARRIED TO: Annie Eliza Killebrew DATE July 25, 1894 PLACE Montezuma, Ga. DATE._________________________ rl-fTT"DRF.N Leon Gray Lois Christine Mary Cornell Paul Ja.mes Earl Morgan Milton Osborne PLACE BORN 9/21/1895 4/17/1898 10/19/1900 3/15/1902 11/26/1904 4/29/1907 DIED 2/24/1902 10/3/1901 2/17/1975 WHERE DIED WIFE Annie Eliza Killebrew BORN PLACE DEATH PLACE BURIED FATHER MOTHER MARRIED FATHER Birth Death MOIHER Birth Death PLACE Place Place Place Place Place WHEN MARRIED WHERE MARRIED MARRIED TO ' ____ _ __ ...... - ---- - - -- - -- - - : : - -- i ; HUSBAND Paul J. Varner BORN March 15, 1902 PLACE Byron, Houston County, Ga. DEATH February 17, 1975 PLACE WIFE Minnie Lee Herrington BORN PLACE DEATH PLACE BURIED ----- ---------------------~------------------------------- FATHER Forrest G. Varner MOTHER Annie Eliza Killebrew MARRIED TO: Minnie Lee Herrington DATE January 23, 1937 PLACE Savannah, Ga. DATE--------~--------------PLACE BURIED FATHER MARRIED FATHER Birth Death MOIHER Birth Death MOTHER PLACE Place Place Place Place Place Roger Gray Frances Lee BORN 8/30/1946 2/1/1942 DIED 1/9/1966 WHERE DIED WHEN MARRIED . WHERE MARRIED MARRIED TO James c. Roberts . > -- - - VARNER'S HOTEL, India.nBpring, .... .. ...... ' ..... :1859. E. VARNER, Proprietor. Soup. BOILED CORN BEEF AND CABB.\GE, .BOILED HAM, . BOILEDL.\MB, .- BOlL:ED. QIJICKBN'; - -~~.........,....,.... ........,.._;., .....,.._;.,_, _..._,,.,,,...._....... "-"'..........._"""'''-r-......,.;,.""'"''""-"- , .......... .._......,..._........_,..... ....,..,.,. ...,,..~................._.... "'_"""'........."-"'...-.....y' "'~ Veg;et:ablos. IRISH - POTATOE~, TQM ATOES, ;BEETS, CABBAGE. OKR.-\. ONIONS, CUCUMBERS. .no..AS.,Tlm-BXESE'Ff'.tAIYB; ROAST PIG, ROAST CHICKEN. Pas-try and Frui-ts, Each 'V.aitet: ~~ furnis - .~-~ . ,~ h_;e: d with - a . Card and Pencil. l1 ri~inal Bill of Fare of Varner's Hotel, 1859. Gift of Paul J. Varner.