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SoutheastTreaty

Treaty of New York with the Creeks, 1790

In New York in 1790 the Creek accepted U.S. protection and a Georgia boundary and ceded Oconee land; six articles were kept secret.

Signed
August 7, 1790
Senate
Ratified
Land given up
about 5.1 million acres
The land in this treaty’s record. Open on the map

What happened

On August 7, 1790, Secretary of War Henry Knox signed a "Treaty of Peace and Friendship" in New York for the United States, "by and with the advice and consent of the Senate," with the "Kings, Chiefs and Warriors of the Creek Nation." President Washington's government proclaimed it on August 13, 1790 (7 Stat. 35).

Article I promised "perpetual peace and friendship." In Article II the Creek signers acknowledged the Creek Nation to be "under the protection of the United States of America, and of no other sovereign whosoever," and agreed not to treat with any individual state. Article IV set a boundary between U.S. citizens and the Creek Nation along the Savannah, Keowee, Oconee and Altamaha rivers. Article V had the United States "solemnly guarantee" the Creek lands to the west and south of that line. Settlers on Creek lands would forfeit U.S. protection.

The Encyclopedia of Alabama says the treaty "asserted U.S. authority to treat with the Creek Nation, ending efforts by the state of Georgia to act unilaterally." Knox drafted it for the United States, and Alexander McGillivray represented a select group of chiefs. The Creeks also ceded the land of the allied Oconee, which had been contentious, and received an annual payment.

Six secret articles, kept from most Creek leaders, included a $100 yearly stipend for select chiefs and a brigadier general's commission for McGillivray with $1,200 annual pay. They were not made public until 1848.

Good to know. McGillivray spoke for a select group of chiefs, so how far the signers represented the whole Creek Nation is an open question.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. do acknowledge themselves, and the said parts of the Creek nation, to be under the protection of the United States of AmericaTribal Treaties Database: Treaty of New York with the Creeks, 1790 (Oklahoma State University Libraries)
  2. The United States solemnly guarantee to the Creek Nation, all their lands within the limits of the United StatesTribal Treaties Database: Treaty of New York with the Creeks, 1790 (Oklahoma State University Libraries)
  3. asserted U.S. authority to treat with the Creek Nation, ending efforts by the state of Georgia to act unilaterallyTreaty of New York (1790) - Encyclopedia of Alabama
  4. The Creeks also ceded the land belonging to the allied Oconee Indians, which had been a contentious issueTreaty of New York (1790) - Encyclopedia of Alabama

Research notes. McGillivray spoke for a select group of chiefs, so how far the signers represented the whole Creek Nation is a question; the Encyclopedia of Alabama notes this set a precedent of prominent individuals taking precedence over tribal councils. The treaty text gives no acreage.

What the treaty did to the land

About 5.1 million acres given up. Each shape is a numbered area in the federal government’s 1899 record of land cessions.

What happened next

Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.

Who is doing the work today

The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.

This history belongs to living nations. Start with them:

Native legal and land defense, nationally

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Sources

  1. digitreaties.org/treaties/treaty/12013175reference work
Research notes

Often described as the first Indian treaty advised and consented to by the Senate under the Constitution (, verify).

Shapes are approximate and are not legal descriptions of land, title or jurisdiction.