# United States Statutes at Large/Volume 3/14th Congress/2nd Session/Chapter 88

Chap. LXXXVIII.—An Act making provision for the location of the lands reserved by the first article of the treaty of the ninth of August, one thousand eight hundred and fourteen, between the United States and the Creek nation, to certain chiefs and warriors of that nation, and for other purposes.
Feb. 20, 1819, ch. 28. Chiefs and warriors of the Creek nation authorized to locate their reservations of land.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the chiefs and warriors of the Creek nation, who, by virtue of the first article of the treaty of the ninth of August, one thousand eight hundred and fourteen, between the United States and that nation of Indians, are entitled to a reservation of land, which shall include their improvements, shall be authorized to locate said reservation in the following manner, viz:
Every such chief, or warrior, shall and may select such four quarter ​Manner of location.sections, or such number of quarter sections and fractional parts of sections, not exceeding six hundred and forty acres of land, as have been or may be surveyed, in pursuance of the act of Congress, passed the third day of March, one thousand eight hundred and fifteen, and as shall include their respective improvements.March 3, 1815, ch. 88. And in case such chief, or warrior, shall have resided at one place, and cultivated a farm or plantation at another place, he may, at his option, select such quarter sections, and fractional parts of sections, as shall include his said separate improvements:—Proviso; as to the title vested. Provided, however, That the lands so selected, shall enure to such chief or warrior so long only as he shall continue to occupy and cultivate the same, and, in case he shall not have abandoned the possession, shall, on his decease, descent to and vest in his heirs in fee simple, reserving to the widow of such chief or warrior the use and occupation of one-third part of said lands, during her natural life.
Widows and children to have right of selection as the original claimant, &c. Proviso; as to the power of alienation in the children.Sec. 2. And be it further enacted, That when any chief or warrior, so entitled to a reservation of land at the time of signing of the treaty, shall have since died, and left a widow and child or children, who has or have continued to occupy and cultivate the said land, they shall have the right of selection in the same manner as the original claimant would have, if he were living; and the title of the lands, so selected, shall be a fee simple title in the child or children, reserving to the widow, if any, the use and occupation of one third of the land during her life: Provided, however, That the said child or children shall not have the power to alienate the said lands except by devise, until each and every one of them shall have arrived at the age of twenty-five years.
Descendants of native Creeks who continue friendly, &c. entitled to a reservation, &c.Sec. 3. And be it further enacted, That the descendant of any native Creek Indian, male or female, who, at the commencement of the late war with the hostile Creeks, occupied and cultivated a farm of plantation: who continued friendly to the United States during that war; and who, after the termination of hostilities, returned to, and has continued to occupy and cultivate, the said farm or plantation, shall be entitled to a reservation of two quarter sections of land, to be selected in the manner stated in the first section of this act; which lands shall enure to them so long as they shall continue to occupy and cultivate the same; and on their death, shall descend, in fee, to their children; and on failure of children, shall revert to the United States; reserving, however, to the husband or widow, as the case may be, the right to occupy and cultivate one third part of the lands during their natural lives.
The children of any Creek warrior who resides within the limits, &c. and who was killed, &c. entitled to a reservation, &c.Sec. 4. And be it further enacted, That the child or children of any chief or warrior of the Creek nation, who resided within the limits of the said ceded country, at the commencement of the late Creek war, and who was killed or died in the service of the United States, during said war, or who has since died of wounds received therein, shall be entitled, without payment, to a reservation of so much land as such chief of warrior would have been entitled to, had he been living at the time said treaty was signed; which land shall be located in the manner prescribed by the first section of this act.
The agent of the United States for the Creek nation to take evidence, &c.Sec. 5. And be it further enacted, That, for the purpose of carrying into effect the provisions of this act, the agent of the United States for the Creek nation shall immediately proceed to take such evidence as each and every person, who may be entitled to lands under the provisions of it, shall be able to adduce in support of such title. The evidence shall, as far as practicable, be taken by the agent on the land occupied by such claimant; and in all cases where he shall be of opinion that the claim is a valid one, the quarter sections, including the improvements, shall be designated as provided for in the first section of this act; and the agent shall, without delay, return to the Secretary of the Treasury the evidence taken in each case,The Secretary of the Treasury to decide finally, &c. (reserving a copy thereof) together with the names of the claimants, and the numbers of the quarter sections reserved for ​them respectively. And the Secretary of the Treasury, with the approbation of the President, shall finally decide on the validity of such claim.
The agent to transmit to the register of the land office, the names of claimants and numbers of quarter sections, &c.Sec. 6. And be it further enacted, That the agent shall transmit, without delay, to the register of the land office for the district in which the lands may be, a statement of the names of the claimants, and the numbers of the quarter sections which have been reserved for each claimant; and the register of the land office shall not offer any such quarter section for sale, unless specially directed otherwise by the Secretary of the Treasury.
Three dollars per day to the agent in addition to salary, &c. The agent may employ a surveyor.Sec. 7. And be it further enacted, That the agent of the United States shall be allowed, in addition to his salary, the sum of three dollars per day, whilst occupied in performing the duties assigned to him by this act; and he shall be authorized to employ a surveyor, in those cases where it may be necessary, for the purpose of ascertaining the quarter sections of land to be allotted to each claimant.
Sec. 8. And be it further enacted, That the expenses which shall be incurred in carrying into effect this act, shall be paid out of any moneys in the treasury not otherwise appropriated.
Approved, March 3, 1817.