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SoutheastTreaty

Treaty of Cusseta (Treaty of Washington) with the Creeks, 1832

In 1832 the Creeks ceded all land east of the Mississippi; the treaty guaranteed their western country, cited by the Supreme Court in 2020.

Signed
March 24, 1832
Senate
Ratified
Land given up
about 5.4 million acres
Promises
1 of 1 broken or only partly kept
The land in this treaty’s record. Open on the map

What happened

What happened

On March 24, 1832, Lewis Cass, authorized by the President, signed a treaty at Washington City with the Creek tribe. In Article 1 the Creeks ceded "all their land, East of the Mississippi river." The text gives no acreage.

The United States agreed to survey the land and let ninety principal chiefs each select a section, and every other head of a Creek family a half section. These tracts were reserved from sale for five years, and those who stayed would then get patents in fee simple. Other articles added an annuity of $12,000 for five years and then $10,000 for fifteen years. They also gave $100,000 to pay Creek debts and relieve their "present distressed condition," in full payment for improvements. Article 12 said the United States was "desirous that the Creeks should remove to the country west of the Mississippi," would pay removal costs and a year's subsistence, but would not compel any Creek to emigrate.

In Article 14 the United States guaranteed the Creek country west of the Mississippi. It said "nor shall any State or Territory ever have a right to pass laws for the government of such Indians." In McGirt v. Oklahoma (2020), the Supreme Court cited this treaty. Its summary says "Congress has since broken more than a few promises to the Tribe. Nevertheless, the Creek Reservation persists today."

The Statutes at Large record a proclamation on April 4, 1832.

What was promised, and what happened

  • Partly kept

    The Creek country west of the Mississippi would be guaranteed, free of state or territorial law. (Art. 14)

    Congress has since broken more than a few promises to the Tribe. Nevertheless, the Creek Reservation persists today. supremecourt.gov

Good to know. The 2020 Supreme Court case cited this treaty, but its holding concerned the Major Crimes Act and the Creek Reservation.

Summarized with AI assistance from 3 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. The Creek tribe of Indians cede to the United States all their land, East of the Mississippi river.Tribal Treaties Database (OSU)
  2. shall not be construed so as to compel any Creek Indian to emigrateTribal Treaties Database (OSU)
  3. Nevertheless, the Creek Reservation persists today.McGirt v. Oklahoma, 591 U.S. ___ (2020) (Supreme Court)

Research notes. The treaty page does not describe how the negotiation went. McGirt's holding concerns the Major Crimes Act and the Creek Reservation.

What the treaty did to the land

About 5.4 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.

  1. 1832

    This treaty

    About 5.4 million acres ceded to the United States by the Creek

    In 1832 the Creeks ceded all land east of the Mississippi; the treaty guaranteed their western country, cited by the Supreme Court in 2020.

  2. 1898

    Promise broken

    McGirt v. Oklahoma (2020): the Muscogee (Creek) Reservation was never disestablished

    The Court held in 2020 that Congress never disestablished the Muscogee (Creek) Reservation, so it remains Indian country for the Major Crimes Act.

  3. 2017

    In court

    Murphy v. Royal

    The Tenth Circuit held Congress never disestablished the Creek Reservation, so Oklahoma lacked jurisdiction to try Patrick Murphy for murder.

  4. 2020

    In court

    McGirt v. Oklahoma

    Land promised to the Creek Nation by treaty remains a reservation, so Oklahoma could not prosecute a tribal member there.

  5. 2020

    In court

    Sharp v. Murphy

    On July 9, 2020 the Supreme Court affirmed the Tenth Circuit in Sharp v. Murphy in one paragraph, for the reasons given in McGirt.

  6. 2022

    In court

    Oklahoma v. Castro-Huerta

    In 2022 the Supreme Court held that Oklahoma may prosecute non-Indians who commit crimes against Indians in Indian country, alongside the federal government.

The law behind it

The legal ideas behind the decisions, and related records without a date. Court cases and laws with a date are in what happened next, above.

  • Legal doctrine

    canons of construction

    Courts read ambiguous treaties in favor of tribes and as the Indians would have understood them, rules the Supreme Court has repeated for more than a century.

  • Legal doctrine

    criminal jurisdiction

    Who may prosecute a crime in Indian country depends on who the offender and victim are and where it happened.

  • Legal doctrine

    diminishment

    Only Congress can shrink a reservation, and courts require a clear statement; Solem, Hagen and Parker show how that test works.

  • Legal doctrine

    disestablishment

    Disestablishment means Congress ended a reservation entirely; courts require clear intent from Congress, and McGirt (2020) held the Creek Reservation was never disestablished.

  • Legal doctrine

    indian country

    Federal law defines 'Indian country' as reservations, dependent Indian communities and Indian allotments; the definition decides which government's laws apply.

  • Legal doctrine

    preemption

    Federal law displaces state law in Indian country when state action conflicts with federal and tribal interests, under White Mountain Apache v. Bracker (1980).

  • Legal doctrine

    state jurisdiction

    The Supreme Court has swung between shielding reservations from state law in Worcester and Williams v. Lee, and allowing state prosecutions in Castro-Huerta.

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.

Who is doing the work

This history belongs to living nations. Start with them:

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Sources

Sources

  1. digitreaties.org/treaties/treaty/124047004reference work
Research notes

Wikipedia (pointer): negotiated at Cusseta then signed in Washington; ~$350,000 paid.

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