N. Young, major, US Army
Wilson Nesbitt
W. Seawell, lieutenant, 7" Infantry

Peter A. Carns

Colonel S. C. Stambaugh, secretary for the council proceedings,
wrote on February 18, 1833, to Secretary of Interior Lewis Cass that
“The proceedings in Council, with the Report of the Commissioners
therein, will be made out and forwarded to the Department with as
little delay as possible.” The “council proceedings,” however, are not
found in any archive (Stambaugh 1833).

14
Stephen Dow Beckham: May, 2012


From: Iverson, Steven T.

To: “colemanindianiaw@amall.com"
Subject: RE: Request for document
Date: Monday, June 12, 2017 9:26:55 AM
‘Attachments: 1615-48. pdf

1615-49.pdf

Good Morning Penny,

The Beckham Report, originally submitted on behalf of the Kialegee Tribal Town in 2012, is attached. The report is
the second attachment and the first is an introduction.

I received your voicemail. I'll be in the office all day, but out tomorrow and Wednesday. Please call when you have
a minute.

Thank you,
Steve

~Original Message----

From: colemanindianlaw@gmail.com [mailto:colemanindianlaw@gmail.com]
Sent: Sunday, June 11, 2017 11:14 AM

To: Iverson, Steven T.

Subject: Request for document

The attached letter references a report about the 1833 treaty. I haven't seen that report. Could you send it to me.

i ‘ i


Fuss-hatchie Micoe

On 25 October 1831 “Fushatchy Micco” signed a letter with other
Creek chiefs to “Our Father the President.” The signatories informed
the president they had met with W. McKoy, “the gentleman you sent to
run and lay off the lines between the Creeks, Cherokees, & Choctaws.”
The letter continued: “We told him we would except [sic] the
Territory between the Verdagris and Canadian and its contents, but in
case it should be out of the power of the President to give us that we
then told him we would exchange with the Cherokees and take the
lands north of the Verdagris and with the Arkansas river to Fort Smith
then bounded on the north by the state of Missouri and if that could
not be done the lands west of the Old Territorial line we hold by treaty”
(McIntosh et al. 1831).

On 17 April 1833 “Fush hate hy Micco” participated with thirteen
“chiefs and headmen of the Western Creek nation” in council to sell
five sections of land given by the Eastern Creeks” (Senate Doc. 512,
Vol. 247, pp. 471-473).

In April, 1833, the Creek Indian Agent compiled a “Valuation of
Improvements, Western Creeks,” on lands that fell east of the
boundary with the Cherokee by the treaty of 1833. Benjamin
Perryman “On Verdigris” had 2 houses valued at $22, a corn crib at
$7, a house (for daughters) $9, 11 acres cleared, $33, 1 crib $20, 35
peach trees $13.12 %, rails $37, and 200 rails and 1 house “on Grand
River” $17.00 (Schermerhorn 1833).

In 1838 “Fushhatche Micco,” Roley McIntosh, and twenty-two
other Creek chiefs reported in June they had good prospects for a crop
harvest in spite of the late spring and lack of adequate tools. Their
views were published in the Arkansas Gazette (Foreman 1934:155).

Benj[amin] Perryman (Steek-cha-ko-me-co)

In 1828 Benjamin Perryman joined the Winslett, Porter, and
McIntosh families in their removal from Carrollton, Georgia, to Three
Forks, a location orth of Muskogee. Also known as
Steek-cha-ko-me-co, Perryman was a tribal town chief of prominence
among the Creeks in Alabama and a proponent of the McIntosh faction
of tribal affairs. In 1828 he brought six sons and two daughters to

8
Stephen Dow Beckham: May, 2012


~ Treaty of 1833: “... that the country hereby provided for the
Creek Indians, shall be taken in lieu of and considered to be the
country provided or intended to be provided, by the treaty . . . on the
24" day of January, 1826, under which they removed to this country”
(Article 8).

e 1832 Creek treaty (7 Stat. 366) provided:

“The Creek country west of the Mississippi shall be
solemnly guarantied to the Creek Indians, nor shall any
State or Territory ever have a right to pass laws for the
government of such Indians, but they shall be allowed to govern
themselves, so far as may be compatible with the general
jurisdiction which Congress may think proper to exercise over
them... .” (Article 14). [Emphasis supplied.]

18
Stephen Dow Beckham: May, 2012


Introduction:

The following report was written for the Kialegee Tribal Town, a
federally-recognized Indian tribe pursuant to the Oklahoma Indian
Welfare Act (1936). The Kialegee adopted their Constitution and
By-Laws on June 12, 1941, and ratified their Corporate Charter on
September 17, 1942.

My assignment was to examine the historical context of the
Creek Treaty of February 14, 1833. This meant looking briefly at the
protocols of treaty councils with Native American tribes, the situation
of the Creeks in Indian Territory in 1833, the participants in the treaty
negotiations, the prior experience of the tribal leaders in dealing with
treaty phrases and understandings, and Kialegees’ succession in
political authority to the Creeks whose reservation was defined in the
treaty of 1833. ,

No minutes or proceedings survive for the treaty council of
February, 1833, at Fort Gibson. I have, however, drawn upon
treaties, biographical data, correspondence, the summary report of the
Stokes Treaty Commission, and other notes that document this report.

Stephen Dow Beckham

Pamplin Professor of History, Emeritus
Lewis & Clark College

Portland, Oregon


From: solemanindlaniawéqmall,com

To: Hoenig, Hichaet
Subject: Re: Waiver request
Date: ‘Monday, May 1, 2017 11:22:23 AM

Thank you. I would like to talk to you about the Tribe's 120 day notice status as soon as you are comfortable talking to
me.

Sent from my iPhone
Penny J Coleman

On May 1, 2017, at 10:44 AM, Hoenig, Michael <Michael_Hocnig@nige.gov> wrote:

Thanks, Penny.
We will take a look and get back to you ASAP.

From: Penny Coleman [maiito:colemanindianlaw@gmail.com)
Sent: Saturday, April 29, 2017 2:08 PM

To: Hoenig, Michael

Ce: Penny Coleman

Subject: Waiver request

Consistent with my earlier email re representing the Kialegee Tribal Town, I am attaching a waiver
request for the Chairman.

Thanks for your attention to this matter.
Penny J. Coleman

This e-mail, and any attachments thereto, is intended only for the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not
the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have
received this e-mail in error, please immediately notify me by return e-mail and
permanently delete the original and any copy of this e-mail message and any printout
thereof.


Key Phrases in 1833 Treaty

The Creek Treaty of February 14, 1833, contained language and
content already familiar to the leaders of the tribe. The following
phrases and concepts stated in 1833 were used in earlier treaties with
the Creeks made between 1826 and 1832.

~ Treaty of 1833: “... to establish boundary lines which will secure a
country and permanent home to the whole Creek nation of Indians . .
-" (Preamble). These words made clear that the Creek Reservation in
northeastern Oklahoma was to be the “permanent home to the whole
Creek nation.”

e 1832 Creek treaty (7 Stat. 366) provided:

“The Creek country west of the Mississippi shall be
solemnly guarantied to the Creek Indians, nor shall any
State or Territory ever have a right to pass laws for the
government of such Indians, but they shall be allowed to govern
themselves, so far as may be compatible with the general
jurisdiction which Congress may think proper to exercise over
them... .” (Article 14). [Emphasis supplied. ]

“, .. as soon as the boundaries of the Creek country West of the
Mississippi are ascertained, [Congress shall] cause a patent or
grant to be executed to the Creek tribe” (Article 14). [Emphasis
supplied.]

e 1827 Creek treaty (7 Stat. 307) provided:

“, .. the object of said Treaty being to embrace a cession by the
Creek Nation, of all the lands owned by them within the
chartered limits of Georgia. . .” (Preamble). [Emphasis
supplied.]

e 1826 Creek treaty (7 Stat. 286) provided:

“The Creek Nation of Indians cede to the United States all the
land belonging to the said Nation in the State of Georgia .
. . also, another tract of land lying within the said State...”
(Article 2). [Emphasis supplied.]

15
Stephen Dow Beckham: May, 2012


Kialegee Tribal Town: Political Successor in Interest to the
Treaty Signatories of February 14, 1833

The members of the Kialegee Tribal Town became subject to
removal to west of the Mississippi River by the terms of the Removal
Treaty of March 24, 1832. Upper Creek leaders signed this
agreement in Washington, DC.; it ceded all of their lands in Alabama,
but reserved the rights for those who wanted to do so to select
homesteads that were to be fee-patented within five years. The
treaty of 1832 contained the explicit language: “The Creek country
west of the Mississippi shall be solemnly guaranteed to the creek
Indians... .” (Kappler 1904[2]:343).

The removals commenced in 1834. Historian Angie Debo in The
Road to Disappearance wrote: “At the same time [1835] Opothle
Yahola announced that the Tuckabatchees, Kialigees, Thloptholoccos,
Thlewarles, Autaugas, and Artussees, ‘who all burn the same fire and
talk with the same tongue,’ were preparing to start.” In 1835-36 a
total of 14,609 Creeks emigrated to their new reservation in Indian
Territory (Debo 1941:100-102).

The identity of the members of Kialegee Indian town is
repeatedly documented in the historical records. For the nineteenth
century see particularly:

http: //freepages.genealogy.rootsweb.ancestry.com/~texlance/records/
creekcensusrolls.htm#1867

© 1832 Benjamin S. Parsons and Thomas J. Abbott Census of Creek
Indians. www.us-census.org/native/creek/html

e 1857 Creek Pay Roll, Kia-li-che, pp. 19-28

e 1859 Creek Pay Roll, Kia-li-che, p. 188

e 1867 Dunn Roll of Citizens and Freedmen, Ki-a-li-jas, p. 45

e 1867 Creek Orphan Census. Kia-li-che Town
freepages.genealogy.rootsweb.ancestry.com/!texlance/1867
orphans/index.htm

e 1870 Creek Orphan Payroll. Kia-li-che Town

21
Stephen Dow Beckham: May, 2012


the boundaries of the Creek country West of the Mississippi are
ascertained, [Congress shall] cause a patent or grant to be
executed to the Creek tribe” (Article 14). [Emphasis supplied.]

~ Treaty of 1833: “... [the Creek reservation] shall be continued to
said tribe of Indians, so long as they shall exist as a nation, and
continue to occupy the country hereby assigned them” (Article 3).

e 1832 Creek treaty (7 Stat. 366) provided:

“The Creek country west of the Mississippi shall be
solemnly guarantied to the Creek Indians, nor shall any
State or Territory ever have a right to pass laws for the
government of such Indians, but they shall be allowed to govern
themselves, so far as may be compatible with the general
jurisdiction which Congress may think proper to exercise over
them... .” (Article 14). [Emphasis supplied.]

~ Treaty of 1833: “... that the land assigned to the Muskogee
Indians, by the second article thereof, shall be taken and considered
the property of the whole Muskogee or Creek nation. . .” (Article 4).

e The 1832 Creek treaty (7 Stat. 366) provided:

[the] “Creek tribe of Indians cede to the United States all
their land, East of the Mississippi River” (Article 1). [Emphasis
supplied.]

e 1832 Creek treaty (7 Stat. 366) provided:

“The Creek country west of the Mississippi shall be
solemnly guarantied to the Creek Indians, nor shall any
State or Territory ever have a right to pass laws for the
government of such Indians, but they shall be allowed to govern
themselves, so far as may be compatible with the general
jurisdiction which Congress may think proper to exercise over
them... .” (Article 14). [Emphasis supplied.]

17
Stephen Dow Beckham: May, 2012


From: colemanindianlaw@amall.com

To: Hoenig, Michael
Subject: Re: Kialegee
Date: Thursday, May 4, 2017 10:49:09 AM

Great. Thank you.

Sent from my iPhone
Penny J Coleman

On May 4, 2017, at 10:20 AM, Hoenig, Michael <Michael_Hoenig@nige.gov> wrote:

Sure. How's 3?

On Thu, May 4, 2017 at 9:19 AM -0500, "colemanindianlaw@gmail.com"
<colemanindianlaw@gmail.com> wrote:

I would still like to get the waiver just in case. What time would you like to talk
on Friday.?

Sent from my iPhone
Penny J Coleman

On May 4, 2017, at 10:14 AM, Hoenig, Michael <Michael_Hoenig@nigce.gov>

wrote:

Sure. We are still going through the files for purposes of the waiver
(if you think you still need it). We haven't found anything, but are
trying to put your email archives back together to run a quick
search.

On Thu, May 4, 2017 at 8:36 AM -0500,

% aad : "
‘colemanindianlaw@gmail.com

<colemanindianlaw@gmail.com> wrote:

Good morning. I understand that you are on travel
right now but I was wondering if you will be back
tomorrow? I would like to have a brief call with you
on the status of the Kialegee Tribal Town.

Sent from my iPhone
Penny J Coleman


recorded in diaries. He made another trip in 1795. Hambly
murdered Robert Leslie and fled to avoid prosecution. Hambly died
before 9 March 1798 (Ross and Chappell 1976:60-61; Murdoch
1956:266).

The book, As Long as Grass Grows, mentioned Marquis de
LaFayette’s visit in 1825 to John Hambly, a grandson, who lived hear
Fort Benning, Georgia:

Relative peace reigned between whites and Native Americans in
the early 1820's. A notable event in the Fort Benning region
occurred when the aging Frenchman and Revolutionary War
hero, Marquis de LaFayette, journeyed down the Federal Road in
March 1825 on his triumphant tour of the country. LaFayette was
one of the last, high-ranking officers of the Revolutionary War
still alive.

LaFayette's entourage made its first stop on Fort Benning land at
a trading post run by an American fur trader. The sky was just
clearing after a spring storm when LaFayette's carriage, guarded
by the Georgia militia, arrived. Auguste Levasseur, LaFayette's
secretary, later wrote that there were two male Indians,
“remarkable for their beauty and form," sitting near the doorway
of the trading post. The youngest of the pair spoke impeccable
English. His name was Hambly (or Hamley), and he was the son
of Creek and white parents.

Hambly told the visitors that he had left Indian territory when he
was younger to be educated in the United States, but returned to
Indian lands because he preferred the native way of life. He had

apparently married several Creek women.

Levasseur and another man, known only as George, who were
traveling with LaFayette carried on a cordial conversation with
Hambly who invited them (and apparently the rest of the
caravan) to visit his nearby home. There he demonstrated Indian
dances for the visitors. Levasseur reciprocated by performing
French dances (Anonymous ??).

John Hambly served on April 17, 1833, as “acting interpreter” for
the “chiefs and headmen of the Western Creek nation” meeting in
council. The council agreed to sell five sections of land given to the

12,
Stephen Dow Beckham: May, 2012


“They have good log houses, many of which are double, and
fields according to the means of the individual. I know some
who have under fence and culture about 150 acres of land.

They raise all the kinds of grains and vegetables common to that
latitude; patches of cotton and tobacco and of upland rice, are
common to them. Spinning wheels and looms are in use.
Stocks of cattle, horses, hogs, sheep and goats, are owned by
these people. They have poultry, to-wit: chickens, turkeys,
ducks, and geese. Their women ride on side saddles, and dress
according to their respective means to do so in the manner and
fashion of the whites; the same remark will apply to the dress of
the men” (Foreman 1934:149).

During his preliminary exploration of Indian Territory in 1832,
Henry Leavitt Ellsworth passed through the country occupied by the
Creek Indians. He wrote on November 3: “Saturday — very cold rainy
day — We arrived at the north fork of the Canadian — hit a good ford,
and crossed without difficulty — the land had now become much better
and good for cultivation — post oak up land & large bottoms There is
much good land, on the North Fork — we rode to day 20 miles”
(Ellsworth 1937).

This was the situation of residency and acculturation exhibited by
the Western Creeks whose leaders came to Fort Gibson in February,
1833, to hear proposals to settle a boundary dispute created by
conflicting boundary descriptions in the Creek and Cherokee treaties of
1826 and 1828.

Stephen Dow Beckham: May, 2012


http://digital.library.wisc.edu/1711.dl/History.AnnRep2639

U.S. House of Representatives
1827 Report of the Select Committee of the House of

Representatives to Which Were Referred the Messages of

the President, United States of the 5" and 8" February,

and 2” March, 1827, with Accompanying Documents and a

Report of the Legislature of Georgia, March 3, 1827.

Washington, DC.: Gales & Seaton.

U.S. Senate
1833-35 Senate Executive Document No. 512, 23 Congress, 1*
Session, Vo. 427, pp. 471-473.

Warner, Dick
1995 Where Did Benjamin Perryman Come From?

http://perryman_2.tripod.com/alabama.htm [Viewed 8
May 2012].

27
Stephen Dow Beckham: May, 2012


Bibliography:

Anonymous
n.d.a_ As Long As Grass Grows.
Http.nps.gov/seac/benning-book/ch11.htm [Viewed 8 May
2012].

Coe Marthler, et al.
1829 Letter of August 14 to “Dear Father.” M-234, Letters
Received by the Office of Indian Affairs, Roll 237, Fr. 267,
RG 75, National Archives, Washington, DC.

Collins, N. H.
1829 Letter of 22 January to “Our Great Father.” M-234,
Letters Received by the Office of Indian Affairs, Roll 237,
Fr. 260, RG 75, National Archives, Washington, DC.

Debo, Angie
1941 The Road to Disappearance. Norman, OK.: University of
Oklahoma Press.

Ellsworth, Henry Leavitt
1937 Washington Irving on the Prairie: Or, a Narrative of a Tour
of the Southwest in the Year 1832. Stanley T. Williams
and Barbara D. Simison, eds. New York: American Book

Company.

Foreman, Grant ;
1924 “The Centennial of Fort Gibson,” Chronicles of Oklahoma,

2(2)(June):119-128.

1933 Advancing the Frontier. Norman, OK.: University of
Oklahoma Press.

1934 The Five Civilized Tribes. Norman, OK.: University of
Oklahoma Press.

Fornia, Conrad
2007 “Searching for Alexander Brown.”
http://home.comcast.net/~clfornia/geneology/chaney/Sear
ching-AlexanderBrown.html [Viewed 11 May 2012.]

24
Stephen Dow Beckham: May, 2012


Protocols of Treaty Councils:

Throughout the treaty-making decades negotiations between
Euro-Americans and Native Americans followed common standards and
procedures. For a treaty to be binding, normally the Euro-American
negotiator had to have been given “treaty-making powers.” This
usually meant the negotiator or his team served as a member of a
Treaty Commission, a Superintendent of Indian Affairs, or, less
commonly, as an Indian Agent. On some occasions, governors, such
as in Washington Territory, were involved in treaty negotiations.

The tribal representatives were commonly chiefs and leading
men of the Indian community. These individuals were recognized for
their probity, judgment, speaking skills, and leadership in peace and
war.

The European powers and the American government, successor
to colonies and lands claimed by “right of discovery” in North America
found it expedient often to hold treaty councils at forts or to have a
strong military presence as part of the setting. The military, dressed
in uniform and bearing flags, invariably was well-armed and buttressed
the image of the numerical and technological might of those seeking
agreements for rights-of-way, trade, or cession of lands. .

Treaty councils followed common protocols. The rituals of
treaty-making included the establishment of an atmosphere of friendly
exchange. Often the hosting party (those seeking the treaty)
provided food for the gathering. Other elements of treaty councils
sometimes included singing and dancing to foster a situation of
psychological unity, a feeling further enhanced by the mutual
exchange of gifts. Gifts, such as those to the Creek chiefs in the
treaty of 1790 or at the Creek councils for the treaties of 1826 and
1827, included commemorative medals bearing the likeness of the
king or president and engraved with words affirming peace and
friendship. Other gifts included flags, pipes, gorgets, wrist bands,
clothing, and tobacco (Prucha 2000:4-5, 54, 73; Prucha 1988[4]:239).

Speeches were a pivotal element of councils. The oratory
addressed mutual obligations. Speeches also often invoked images of
relationships such as references to the “Great Father, the President” or
the “brothers” who met in the council. Council sessions were often
concluded with the ritual smoking of a pipe-a sacred ceremony of

1
Stephen Dow Beckham: May, 2012


Contents

“The Creeks and Cherokees have now an undisputed title to
land, in quality fertile, in location convenient and desirable, and in
quantity adequate to the wants of the respective nations.”

Stokes Commission Report, 1833 (House Report No. 474:79).

Introduction ...... 0... cece eee eee I
CONT|NES 6 is is tevareve eae tana! ws veneecRIEN one ES o ii
Protocols of Treaty Councils. ............45 1
Western Creeks in the Vicinity of Fort Gibson... 3
Stokes Commission... 6.2.0... cece eee eee 5

Commissioners
Chiefs and Headmen
Interpreters
Witnesses

Key Phrases in 1833 Treaty.............. 15

Understandings of the Treaties of February
14, 1833......... ee eee ee 19

Kialegee Tribal Town: Political Successor in
Interest to the Treaty Signatories of
February 14,1833 ............0005 21

Bibliography .... 0.20... cece eee eee 23


Western Creek nation by the Eastern Creeks. John Campbell, Creek
agent, was a witness. Fifteen “chiefs and headmen” participated in
the council (Senate Doc. 512, Vol. 247, pp. 481-473).

John Hambly served on August 14, 1835, as an interpreter at the
treaty with the Comanche and Witchetaw, Camp Holmes, I.T. He was
identified as “Interpreter for the Creeks,” not parties to the agreement.
(Kappler 1904).

William Hambly, another brother in the family, worked as a
representative of John Forbes & Company, his father’s employer. On
25 May 1804 he sought a land purchase at Chiska Talofa on the
Chattahoochee River, Alabama. He worked in 1810 as interpreter for
John Forbes & Company, and continued to do so in 1816 (Register
n.d.). William Hambly on July 4, 1825, filed an affidavit with Thomas
Triplett, Acting Agent, Creek Nation, Georgia. Hambly stated: “he is
the public interpreter, duly qualified and sworn, for the Creek Nation,
that he has acted in that capacity about Five years; that he has
resided among the Creeks rising twenty years, is perfectly acquainted
with their character, customs, laws, and language, that he has
uniformly acted as public interpreter in the public councils of the
Nation . . .” (U.S. House of Representatives 1827:393-399).

Alex Brown, Cherokee interpreter

Alexander Brown served as the Cherokee interpreter. Brown,
born ca. 1779, was enumerated on the Creek Emigration and
Reservation Rolls of 1817. Brown is identified as the father of Judge

James Brown and lived among the Cherokee Nation East at least until
1835 (Fornia 2007).

Witnesses:

S. C. Stambaugh, commission secretary
M. Arbuckle, colonel, 7°" Infantry

John Campbell, Creek agent

George Vashon, Cherokee agent, West

13
Stephen Dow Beckham: May, 2012


Western Creeks in the Vicinity of Fort Gibson

The Creek Treaty of 1833 was the consequence of a council held
at Fort Gibson, a primary military post on the eastern edge of the
Indian Territory. Founded in 1824 by five companies of the Seventh
Infantry, the post was surrounded by a stockade of 300 feet with two
blockhouses. Additional facilities included a sutler’s store, sawmill,
hospital, stables, and log houses. The fort was on the route to the
Osage and Creek agencies and stood in a bottom near the confluence
of the Verdigris, Arkansas, and Grand rivers (Foreman 1924:120-121).

Members of the Creek Nation, a confederation of between fifty
and eighty “towns” (discrete tribal communities with their own
leaders), began their migration west of the Mississippi River pursuant
to the Creek Treaty of 1826. In 1829 an estimated 1,200 followers of
Chief William McIntosh, a Creek leader assassinated on April 30, 1825,
because of his agreeing yet again to cede Creek lands, and nearly the
same number of other Creeks emigrated to land on the Arkansas River
near its confluence with the Verdigris (Meserve 1932:316; Foreman
1934:147).

Colonel Auguste P. Chouteau operated a trading house on the
lower Verdigris adjacent to the territory settled by the Creeks. He
wrote: “The country abounds in wild game, such as the buffalo, elk,
deer, antelope, bears, and furred animals; wild horses are found to the
north-west in numerous herds.” Chouteau also noted:

“The timber of the country is the oak, black walnut, hickory, ash,
hackberry, locust, mulberry, pine, cedar, pecan, cherry bois
d’arc, and other kinds .... Numerous fruits are found in the
greatest abundance; they consist in a variety of fine grapes,
plumbs, black haws, straw and black berries, pawpaws,
persimmons, may apples, and a species of pome-granite, which
is much esteemed for its flavor. Roots used as food are also
abundant; and the rivers furnish an ample supply of good fish”
(Foreman 1934:148).

Between 1829 and 1833 the Western Creeks had established
farms, planted gardens and orchards, fenced fields, and settled in
comfortably without the incessant pressure from Euro-Americans in
Georgia and Alabama. Chouteau wrote about the situation in the
early 1830s:

Stephen Dow Beckham: May, 2012


Understandings of the Treaties of February 14, 1833

The Stokes Commission (Montfort Stokes, Henry Leavitt
Ellsworth, and Rev. John Schermerhorn) articulated a clear and
unequivocal understanding of the guarantees of the United States int
the Creek and Cherokee treaties of February 14, 1833. In their report
to the Commissioner of Indian Affairs, they said:

“The conflicting claims of the Western Creeks and Cherokees, so
earnestly urged upon the attention and consideration of the
commissioners, presented formidable difficulties. Both parties
claimed several millions of acres of the same land, under treaty
stipulations; both were equally sanguine in the justice of their
respective claims, and, at first, unyielding in their opinions. A
candid examination, in public council, of all the treaties, of the
subsequent proceedings of the respective tribes, and the offer to
substitute other land for that relinquished by the Cherokees
enabled the commissioners to adjust the matter in a manner
mutually satisfactory.

The Creeks and Cherokees have now an undisputed title to
land, in quality fertile, in location convenient and
desirable, and in quantity adequate to the wants of the
respective nations. It is a matter of congratulation that such
important changes in the expected locations of these tribes
should not have produced any complaint in the mode of
adjustment (Stokes Commission 1839:79). [Emphasis supplied. ]

The Creeks and the Cherokees-as in previous treaties with the
United States-found in the treaties of February 14, 1833, familiar
language and concepts. The treaties provided for the establishment of
boundaries by metes and bounds descriptions, the prospect of
fee-patent or deeding of lands, and-for the Creeks-the establishment
of a permanent reservation. The Creek treaty stated:

“The Creek country west of the Mississippi shall be
solemnly guarantied to the Creek Indians, nor shall any
State or Territory ever have a right to pass laws for the
government of such Indians, but they shall be allowed to govern
themselves, so far as may be compatible with the general
jurisdiction which Congress may think proper to exercise over
them... .” (Article 14). [Emphasis supplied.]

19
Stephen Dow Beckham: May, 2012


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March 3, 2017

Mekko Jeremiah Hobia
Town King

Kialegee Tribal Town
100 Kialegee Drive
Wetumka, OK 74883

Re: Facility License Notification

Dear Mekko Hobia:

Thank you for your January 23, 2017 letter notifying the National Indian Gaming
Commission of the intention of the Kialegee Tribal Town (“Tribe”) to issue a license for
a new Class II gaming facility, to be located on approximately 7.2 acres of restricted fee
land that the Tribe is in the process of purchasing from the current owner, Once
purchased, you indicate that it is the Tribe’s intention to apply to the Bureau of Indian
Affairs to place the parcel in trust for the Tribe. To your knowledge, there is currently no
tract number assigned to the property from the BIA’s Land Title and Records Office.

The mailing address of the curren! 1s h which js located on the 7.2-acre parcel,
ee
gaming facility.

Your notification was submitted to us in compliance with NIGC regulations, 25
C.F.R. § 559.2(a), which require that a tribe submit notice to the NIGC at least 120 days
prior to opening a new gaming facility. The NIGC received the Tribe’s notification by
mail on January 25, 2017, and, therefore, the 120-day notice period ends on May 25,
2017.

Thank you for your notification. If you have any questions or require any
additional information, please feel free to contact me at (202) 632-7003.

Sincerely,

Katherine L. Zebell
Staff Attorney

03 Fox 202.637.7066

¥, Moil Stop # 1621 Washington, DC 20

REGIONAL OFFICES Porlond, OR Secramento. CA nix, AZ; St fou) MN; luisa OX; Orla
WWW.NIGC,GOY

NEW MAILING ADDRESS: NIGC/DIPARTMENT OF THE INTERIOR [HAY ( Shoot



and senate, and resigned as the state’s governor in 1832 to take the
appointment by Andrew Jackson to head the treaty commission in
’ Indian Territory (Mesersve 1935:338-340).

Henry Leavitt Ellsworth (1791-1855)

A graduate of Yale University in 1810, Ellsworth studied law and
practiced in Connecticut. In 1811 he made an extensive trip to the
Western Reserve in Ohio. For a number of years he was president of
the Aetna Insurance Company of Hartford. Ellsworth gained
appointment in 1832 to the Stokes Commission. He served from
1835-45 as the first director of the U.S. Patent Office, Washington,
D.C. (Ellsworth 1937:xii-xiii).

Rev. John F. Schermerhorn (1786-1851)

A native of New York, Schermerhorn graduated from Union
College and Andover Seminary. A clergyman for the Dutch Reformed
Church, he was active in Indian affairs from 1832 to 1837. He served
as one of three commissioners in the Indian Territory, 1832-34, and in
1835 negotiated a Cherokee removal treaty. In 1837 he was working
on removal of the Six Nations from New York, but was removed from
office (Hoven 1988[4]:680).

Chiefs and Headmen:
Roly McIntosh

“Roly” [Roderick] MacIntosh was born about 1790 at Coweta,
Georgia. William MacIntosh (1745-1794), a Scotch trader, and the
son of Captain John MacIntosh, married at least two Creek woman.
By one wife he had a son, Chief William MacIntosh (1778-1825) who
was murdered for ceding Creek lands in Georgia. By another wife he
had a son, Roderick, commonly known as “Roly.”

Following the death of his first wife, Roly MacIntosh married
Susannah Rowe, the widow of his murdered half-brother. In 1828
Roly McIntosh became chief of the Lower Creeks, a position he held for
31 years. He participated in the Creek meeting on 22 June 1829 at
Fort Gibson with Colonel Arbuckle and Sam Houston where he

6
Stephen Dow Beckham: May, 2012


Stokes Commission

Congress on July 14, 1832, authorized a three-member
commission to travel to the newly-created Indian Territory and
establish relations between the tribes and the United States. The
commissioners were Montfort Stokes of North Carolina, Henry L.
Ellsworth of Connecticut, and Rev. John F. Schermerhorn of New York.
Three companies of mounted rangers under Captains Jesse Bean,
Nathan Boone, and Lemuel Ford were assigned to the commission.
Other tag-alongs included Washington Irving, an American writer,
Charles J. Latrobe, an English naturalist, and Count Albert Alexandre
de Portales, an Swiss aristocrat (Steffen 2012).

The treaty with the Creeks signed on February 14, 1833, was the
first of several negotiated by the Stokes Commission. It purpose was
to define the boundary between the Creek and Cherokee Nations in the
Indian Territory and to affirm the sovereignty of the Creeks within
their reservation. In March, 1833, the Stokes Commission assigned
lands to the Seneca and Shawnee refugees from Ohio. In May the
commission identified lands for the Quapaw. At this point the
commission attempted to deal with the western tribes, those whose
lands and trade were encroached upon by the Indian Territory.

Before agreements were made, the commission’s treaty-making
powers ended in July, 1834. In April, 1835, the Stokes Commission
was renewed with the addition of Major Francis W. Armstrong,
superintendent of Indian affairs for the Western Territory, and General
Matthew Arbuckle, commander at Fort Gibson. The new commission
renewed treaty negotiations and secured agreements with the
Comanche, Wichita, Osage, and Kiowa (Steffen 2012).

The participants in the treaty council at Fort Gibson in February,
1833, included the following:

Commissioners:
Montfort Stokes (1762-1842)

A veteran of the Revolutionary War, Stokes was a North Carolina
planter who led an active public life. From 1804-38 he was a trustee
of the University of North Carolina and three times its president. He
served in the United States Senate, 1816-23, the North Carolina house

5
Stephen Dow Beckham: May, 2012


Anomaly. Berkeley, CA.: University of California Press.
2000 Indian Peace Medals in American History. Norman, OK.:
University of Oklahoma Press.

Ross, Daniel J., and Bruce S. Chappell, eds.
1976 Visit to the Indian Nations: The Diary of John Hambly.
The Florida Historical Quarterly, 55(1)(July): 60-73.

Royce, Charles J.
1899 Indian Land Cessions in the United States, 1784-1894.
Serial 4015. Eighteenth Annual Report of the Bureau of
American Ethnology to the Secretary of the Smithsonian
Institution, 1896-1897. Washington, D.C.: Government
Printing Office.

Schermerhorn, J. F.
1833 “Valuation of Improvements, Western Creeks,” 13 April.
M-574, Roll 61, RG 75: Records of the Bureau of Indian
Affairs, Frs. 570-583, National Archives, Washington, DC.

Skinner, Winston
2012 Chief McIntosh’s Son was a Baptist preacher. Newnan
Times-Herald (Newnan, GA.), May 9.

Stambaugh, S. C.
1833 Letter of February 18 to Lewis Cass. Ratified Treaty No.
182, Documents Relating to the Negotiation of the Treaty
of February 14, 1833, with the Western Cherokee
(February 13, 1833). RG 75: Records of the Bureau of
Indian Affairs, Microcopy T-494, National Archives,
Washington, DC.

Steffen, Jerome O.
2012 “Stokes Commission,” Encyclopedia of Oklahoma History

and Culture. Digital.library.okstate.edu/encyclopedia/
entries/S/ST040.html [Viewed 10 May 2012].

Stokes Commission
1839 Regulating the Indian Department, 1834. Annual Report
of the Commissioner of Indian Affairs, for the years,
1826-1839. House Report No. 474, pp. 79-104.
Washington, DC.: Government Printing Office.

26
Stephen Dow Beckham: May, 2012


Hoeven, James Van
1984 “John Freeman Schermerhorn.” Vol. 4, History of
Indian-White Relations, Handbook of North American
Indians, p. 680. Wilcomb E. Washburn, ed. Washington,
D.C.: Smithsonian Institution.

Indian Claims Commission
1951 The Creek Nation v. the United States, Docket 21.
“Opinion of the Commission,” pp. 546-552. 1 Ind. Cl.
Comm. 546.

Kappler, Charles J.
1904 Indian Laws and Treaties. Vol. 2, Treaties. Washington,
D.C.: Government Printing Office.

McIntosh, Roley, et al.
1831 Letter of 25 October to “Our Father the President.”
M-234, Letters Received by the Office of Indian Affairs, Roll
237, Frs. 348-354, RG 75, National Archives, Washington,
Dc.

Meserve, John Bartlett
1932 “The MacIntoshes,” Chronicles of Oklahoma,
10(3)(September): 310-325.

1935 “Governor Montfort Stokes,” Chronicles of Oklahoma,
13(3)(September), 338-340.

1937 “The Perrymans,” Chronicles of Oklahoma,
15(2)(June): 166-184.

Murdoch, Richard
1956 Mission to Creek Nation in 1794. The Florida Historical

Quarterly, 34(3)(January): 266-284.

Prucha, Francis Paul
1988 “Presents and Delegations.” Vol. 4, History of.
Indian-White Relations, Handbook of North American
Indians, p. 680. Wilcomb E. Washburn, ed. Washington,
D.C.: Smithsonian Institution.

1994 American Indian Treaties: The History of a Political

25
Stephen Dow Beckham: May, 2012


public affirmation of the understandings agreed upon (Prucha
1988[4]:238-244; Prucha 1994).

Stephen Dow Beckham: May, 2012


e 1825 Creek treaty (7 Stat. 237) provided:

. that the United States will give, in exchange for the
lands hereby acquired, the like quantity, acre for acre,
westward of the Mississippi, on the Arkansas river, commencing
at the mouth of the Canadian Fork thereof . . .” (Article 2).
[Emphasis supplied. ]

~ Treaty of 1833: “. . . the Muskogee or Creek country west of the
Mississippi shall be embraced by the following boundaries. . .”
(Article 1).

e 1826 Creek treaty (7 Stat. 286) provided cession of “And, also,
another tract of land lying within the said State [of

Georgia], and bounded as follows: Beginning at a point on the

western bank . “

[Emphasis supplied. ]

e 1825 Creek treaty (7 Stat. 237) provided cession of “.. . all
lands lying within the boundaries of the State of Geogia, as
defined by the compact hereinbefore cited . . .” (Article 1).
[Emphasis supplied.]

e 1821 Creek treaty (7 Stat. 215) provided cession of “that tract
or parcel of land, situate, lying, and being, east of the
following bounds and limits, viz. . . “ (Article 1). [Emphasis
supplied.]

~ Treaty of 1833: “The United States will grant a patent, in fee simple,
to the Creek nation of Indians for the land assigned said nation. . .”

(Article 3).

e The 1832 Creek treaty (7 Stat. 366) provided that individual
Creeks selecting lands “shall receive patents therefor in fee
simple, from the United States (Article 4). [Emphasis supplied.]

e The 1832 Creek treaty (7 Stat. 366) provided “. . . as soon as

16
Stephen Dow Beckham: May, 2012


e 1882 Creek (Muskogee) Nation Census. Kia-li-gee Town, p. 172
e 1890 Creek Census, Town Census, Kialigee

e 1890 Creek Authenticated Tribal Roll, Kialegee, p. 127

e 1895 Creek Census, Kialegee

e 1896 Colbert Census, Kialigee

The Indian Claims Commission (1 Ind. Cl. Comm. 546) in its
“Opinion of the Commission,” Docket No. 21, The Creek Nation v. the
United States, considered the claim of the “Perdido Friendly Creek
Indian Band of Alabama and Northwest Florida.” In its opinion, the
Commission. wrote about its interpretation of the Creek Treaty of
February 14, 1833:

“The treaty of Febr. 14, 1833, 7 stat. 417 confirmed the
selection of land authorized by the 1826 treaty (Art. VIII), and
Article III thereof provided for a patent in fee simple to be issued
to the ‘Creek Nation.’ Article IV made it unmistakably clear
that the land ceded under this treaty in what is now
Oklahoma was for the benefit and use of the entire Creek
people, for it provided:

. ‘It is hereby mutually understood and agreed between the
Parties to this treaty, that the land assigned to the
Muskogee Indians, by the second article thereof, shall be
taken and considered the property of the whole Muskogee
or Creek nation, as well as those now residing upon the
land, as the great body of said nation who still remain on
the east side of the Mississippi . . .” [Emphasis supplied.]

The 1826 treaty did not, at least by its terms, contemplate a
removal of the entire tribe west, but the 1832 treaty discloses a
purpose to recognize those who migrated to the west as the
main governing body of the tribe since provision was made for
enabling individual chiefs and heads of families wishing to do so
to remain east and select tracts in their aboriginal land which
was reserved for that purpose in said treaty of 1832. This
purpose was confirmed by the treaty of 1833, which was made
with the Creek Nation at Fort Gibson in Indian Territory, and in

22
Stephen Dow Beckham: May, 2012


The Kialegee Indian Town and
the Creek Treaty of February 14, 1833:

Historical Context and Significance

Report submitted to

Dickinson, Wright, LLP
International Square
1875 Eye Street, NW, Suite 1200
Washington, DC. 20006

Stephen Dow Beckham
1389 SW Hood View Lane
Lake Oswego, OR. 97034-1505

May, 2012


settle along the lower Verdigris and the north bank of the Arkansas
rivers in the Choska Bottoms of Wagoner County (Meserve 1937:166).

On 25 October 1831, “Benjamin Perryman” and other Creek
leaders signed a letter to “Our Father the President.” The signatories
informed the president they had met with W. McKoy, “the gentleman
you sent to run and lay off the lines between the Creeks, Cherokees, &
Choctaws.” The letter continued: “We told him we would except [sic]
the Territory between the Verdagris and Canadian and its contents, but
in case it should be out of the power of the President to give us that
we then told him we would exchange with the Cherokees and take the
lands north of the Verdagris and with the Arkansas river to Fort Smith
then bounded on the north by the state of Missouri and if that could
not be done the lands west of the Old Territorial line we hold by treaty”
(McIntosh et al. 1831).

On April 17, 1833 Benjamin Perryman participated with thirteen
“chiefs and headmen of the Western Creek nation” in council to sell
five sections of land given by the Eastern Creeks” (Senate Doc. 512,
Vol. 247, pp. 471-473).

On September 2, 1834, Perryman represented the Creeks in an
intertribal conference with the western tribes at Fort Gibson (Meserve
1937:166). In 1836 George Catlin painted portraits of Benjamin and
Samuel Perryman, an eldest son, at Fort Gibson. James Perryman,
another son, attended the Union Mission between 1830 and 1835 and
worked as a Creek interpreter for Rev. John Fleming. Eventually he
aided in translation of two of the first books into the Creek language
(Meserve 1937:166-168).

Hospottock Harjoe

On October 25, 1831, “Hospotock Harjo,” and other Creek
leaders signed a letter to “Our Father the President.” The signatories
informed the president they had met with W. McKoy, “the gentleman
you sent to run and lay off the lines between the Creeks, Cherokees, &
Choctaws.” The letter continued: “We told him we would except [sic]
the Territory between the Verdagris and Canadian and its contents, but
in case it should be out of the power of the President to give us that
we then told him we would exchange with the Cherokees and take the
lands north of the Verdagris and with the Arkansas river to Fort Smith

9
Stephen Dow Beckham: May, 2012


Choctaws.” The letter continued: “We told him we would except [sic]
the Territory between the Verdagris and Canadian and its contents, but
in case it should be out of the power of the President to give us that
we then told him we would exchange with the Cherokees and take the
lands north of the Verdagris and with the Arkansas river to Fort Smith
then bounded on the north by the state of Missouri and if that could
not be done the lands west of the Old Territorial line we hold by treaty”
(McIntosh et al. 1831).

Chocoatie Tustonnucky

On October 25, 1831, “Chacotee Tustannugge,” and other Creek
leaders signed a letter to “Our Father the President.” The signatories
informed the president they had met with W. McKoy, “the gentleman
you sent to run and lay off the lines between the Creeks, Cherokees, &
Choctaws.” The letter continued: “We told him we would except [sic]
the Territory between the Verdagris and Canadian and its contents, but
in case it should be out of the power of the President to give us that
we then told him we would exchange with the Cherokees and take the
lands north of the Verdagris and with the Arkansas river to Fort Smith
then bounded on the north by the state of Missouri and if that could
not be done the lands west of the Old Territorial line we hold by treaty”
(McIntosh et al. 1831).

On April 17, 1833 Cha-cotee-Tustanuggee participated with thirteen
“chiefs and headmen of the Western Creek nation” in council to sell
five sections of land given by the Eastern Creeks” (Senate Doc. 512,
Vol. 247, pp. 471-473).

Interpreters:
John Hambly

Hambly was a grandson of William and Wilmoth Hambly of
London. His father, John Hambly, born ca. 1751, married Maria
Mitchell and had six children born 1781-98. In 1788 John Hambly
worked as a storekeeper for John Forbes & Company on the St. Johns
River, Florida. Starting in the 1790s Hambly was employed frequently
by the Spanish governor to carry on “talks” with the tribes and bring
information to St. Augustine.. In 1794 he made three official trips-two

11
Stephen Dow Beckham: May, 2012


June 27, 2017
Via First Class Mail and Email

Penny Coleman

4601 N. Fairfax Dr.

Suite 1200

Arlington, VA 22203
colemanindianlaw@gmail.com

Dear Ms. Coleman,

You plan to represent the Kialegee Tribal Town (“Town”) before the National Indian
Gaming Commission (“NIGC”) regarding the Town’s efforts to conduct gaming in Oklahoma.
You served as Acting General Counsel and Deputy General Counsel at the NIGC from 1994 to
2010. The NIGC issued two Indian lands opinions for the Town in May 2012 and July 2013,
after you left the NIGC. You do not recall working on the opinions prior to you leaving the
NIGC, and the NIGC has no documents or records reflecting that you worked on those opinions

or that they were prepared under your supervision.

Nonetheless, out of an abundance of caution, you asked for a waiver of any actual or
potential conflict of interest caused by your representation of the Town. To the extent there is an .
actual conflict or a potential conflict of interest, I conclude that there are no significant risks to
the NIGC’s detriment with respect to your representation of the Town. Therefore, I hereby
consent to your future work for the Kialegee Tribal Town.

Sincerely, Mhr

nodev O. Chaudhuri
hairman

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Straet NW, Mail Stop # 162] Washington, DC 20240 Tel; 202.632.7003 Fax: 202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phosnix, AZ; St. Paul, MN; Tulsa OK; Oklahoma City, OK
WWW.NIOC.GOV .


From: Penny Coleman

To: ‘Werson, Steven T.
Subject: Re: Spelling of your name
Date: Monday, June 26, 2017 11:20:20 AM

Not a problem. One of the former chiefs of staff called me Peggy the whole time he was there. Obviously we
were much more unhappy with the peremptory nature of the letter.

Penny J. Coleman

This e-mail, and any attachments thereto, is intended only for the addressee(s) named
herein and may contain legally privileged and/or confidential information. If you are not
the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this e-mail, and any attachments thereto, is strictly prohibited. If you have
received this e-mail in error, please immediately notify me by return e-mail and
permanently delete the original and any copy of this e-mail message and any printout
thereof.

On Mon, Jun 26, 2017 at 11:05 AM, Iverson, Steven T. <Steven_Iverson@nige.gov> wrote:

Penny,

After last week’s letter was sent out, I noticed that your name was misspelled in the CC section. As the
letter’s principal drafter, 1 want to personally apologize for misspelling your name.

Regards,

Steve Iverson

Staff Attorney

National Indian Gaming Commission
90 K Street NE, Suite 200
Washington, DC 20002

E-mail: steven_iverson@nige.gov
Phone: (202) 632-7003


Creek Reservation, Area 487, confirmed by treaty of February
14, 1833 (7 Stat. 417) (Royce 1899, Map 22).

20
Stephen Dow Beckham: May, 2012


June 12, 2017

Via Email Only

Penny Coleman

4601 N. Fairfax Dr.

Suite 1200

Arlington, VA 22203
colemanindianlaw@gmail.com

RE: Kialegee Tribal Town Facility License Notification - Request for Title Status Report
(“TSR”) and Additional Information

Dear Ms. Coleman,

By letter dated January 23, 2017, Mekko Jeremiah Hobia informed the NIGC that the
Kialegee Tribal Town proposed to construct a gaming facility on lands more particularly
described in Mekko Hobia’s letter and supporting documentation. To help ascertain whether the
new gaming facility will be located on Indian lands, a requirement of the Indian Gaming
Regulatory Act, please provide explicit information on the status of the land. Specifically, I
request that you obtain a TSR from the Muscogee (Creek) Nation Realty Trust Services. A
contact at the Realty Trust Services office is Lou Ann Smith, who can be reached by phone at

(918) 732-7713 and email at lousmith@mcn-nsn.gov.

Separately, to further assist our review, please advise whether the current owner, Mr. Bim
Stephen Bruner, .is or has ever been a member of the Muscogee (Creek) Nation and if so, the date
when he became a member. Also, please advise when Mr. Bruner became a member of the
Kialegee Tribal Town. Please advise whether Mr: Bruner is currently or has ever been a member
of any other federally recognized tribe. Please provide any supporting documentation relevant to

these requests.

Lastly, please provide any other information or documentation that you believe is
relevant to our office’s Indian lands opinion. If you have any questions, please feel free to
contact me at (202) 632-7003 or by email at steven_iverson@nigc.gov. Thank you for your time

and assistance.

Staff Attorney

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Slop # 1621 Washington, DC 20240 Tel: 202.632.7003 Fox: 202 632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa OK; Oklahoma City, OK
WWW.NIGC.GOV


From: colemanindianiaw@gmail.com

To: Hoenig, Michael
Subject: Kialegee Tribal Town
Date: Friday, April 28, 2017 4:34:21 PM

The Kialegee Tribal Town has requested that I represent them before the NIGC on its quest to conduct gaming on
certain allotted lands. I understand that the Tribe submitted a 120 day notice to the Commission. I would like to
discuss this with you but first I ask that you check to make sure I did not work on this issue before I left in July
2010. I don't think I did but I want to make sure that there is no conflict.

Thanks very much,

Sent from my iPhone
Penny J Coleman


which the territory ceded by the United States was assigned to
the whole Muskogee or Creek Nation-those residing east and
those residing west of the Mississippi. Thereafter, all dealings
with the Federal Government were made with the Creeks in
Oklahoma, and we find no treaties, contracts or other
transactions with those members of the tribe who remained east,
or that defendant ever recognized those remaining éast as the
Creek Nation (Indian Claims Commission 1951, Docket
21:546-550).

In further affirmation of the succession of political authority in
the Creek Nation in Oklahoma, the Indian Claims Commission also
noted: “There are other instances by which the United States
recognized the tribal government of the Creeks in Oklahoma,
notably the Act of April 16, 1906, 34 Stat. 137, section 28 of
which ‘continued in full force and effect for all purposes,
authorized by law’ the Creek tribal government” [Emphasis
supplied.] (Indian Claims Commission, Docket 41:550).

The Kialegee Tribal Town is a_ federally-recognized Indian tribe
pursuant to the Oklahoma Indian Welfare Act (1936). The Kialegee
adopted their Constitution and By-Laws on June 12, 1941, and ratified
their Corporate Charter on September 17, 1942.

23
Stephen Dow Beckham: May, 2012


delivered a nine-page protest against Colonel John Crowell, the
eastern Creek agent. In 1833 Roley MacIntosh signed the treaty
defining the boundary between Creek and Cherokee lands in Indian
Territory. MacIntosh owned many slaves and a large plantation at the
forks of the Verdigris and Arkansas rivers. He retired as chief in 1859
and moved to Texas, in part because of his pro-Confederate
sympathies. His home plantation was destroyed during the Civil War.
He died in 1863 and was buried near Jefferson, Texas (Meserve ,
1932:313-314, 318-319).

Roley McIntosh on 25 October 1831 signed a letter with other
leaders of the “Western Creek Nation” to “Our Father the President.”
The signatories informed the president they had met with W. McKoy,
“the gentleman you sent to run and lay off the lines between the
Creeks, Cherokees, & Choctaws.” The letter continued: “We told him
we would except [sic] the Territory between the Verdagris and
Canadian and its contents, but in case it should be out of the power of
the President to give us that we then told him we would exchange with
the Cherokees and take the lands north of the Verdagris and with the
Arkansas river to Fort Smith then bounded on the north by the state of
Missouri and if that could not be done the lands west of the Old
Territorial line we hold by treaty” (McIntosh et al. 1831).

Chilly McIntosh, a Baptist minister, was a nephew of Roly
McIntosh and son of William McIntosh who was murdered in Georgia in
1825. Chilly McIntosh departed with 700 Creeks on an exodus from
Georgia in 1827. Roly McIntosh did not sectarian bickering and
competition. Between and 1836 and 1844 he banned missionaries
from Creek territory. At that time Roly McIntosh became a Christian
and subsequently a Baptist (Skinner 2012).

On 1 March 1 1832 Roley McIntosh, Chilly McIntosh, and fifteen
other Creek chiefs and men of the Virdigris River region executed a
power of attorney to appoint Colonel A. P. Chouteau as their attorney
to assist them in securing the “guns, traps, kettles, blankets, &c.,
which is justly coming to us agreeable to our treaty” (Foreman
1934:149).

On 17 April 1833 Roly McIntosh participated with thirteen “chiefs
and headmen of the Western Creek nation” in council to sell five
sections of land given by the Eastern Creeks” (Senate Doc. 512, Vol.
247, pp. 471-473).

Stephen Dow Beckham: May, 2012


then bounded on the north by the state of Missouri and if that could
not be done the lands west of the Old Territorial line we hold by treaty”
(McIntosh et al. 1831).

Cowo-coogee, Maltha [Coe Marthla]

On January 22, 1829, “Coe Marthla, Head Chief,” signed a letter
to “Our Great Father,” confirming that he had examined the lands west
of the Mississippi River. He said: “We like the country & want our
Great Father to appoint him [Mr. Blake] to go with our people & settle |
the country that our Great Father has given us on the West of the
Mississippi . . . .” (Collins 1829).

On August 14, 1829, “Coe Marthler,” signed a letter to “Dear
Father,” at Little Rock, reporting on passing White River and plans to
ascend Arkansas River by steamboat (Coe Marthler et al. 1829).

On April 17, 1833 “Co-woc-co-chee-emarlo” participated with
thirteen “chiefs and headmen of the Western Creek nation” in council
to sell five sections of land given by the Eastern Creeks” (Senate Doc.
512, Vol. 247, pp. 471-473).

Holthimotty Tustononucky

A signatory to the 1833 Creek treaty, this man was possibly the
husband of Lydia Perryman, a daughter of Benjamin Perryman.
According to John B. Meserve: “Lydia Perryman married Tah-lo-pee
Tust-a-kuk-kee, a town chief, and became the mother of Phoebe [who
married Benjamin Edward Porter and Pleasant Porter, first elected chief
of the Creeks] (Meserve 1937:168).

Toatkah Haussie

Istauchoggo Harjoe

On October 25, 1831, “Isopoak oak Harjo,” and other Creek
leaders signed a letter to “Our Father the President.” The signatories
informed the president they had met with W. McKoy, “the gentleman
you sent to run and lay off the lines between the Creeks, Cherokees, &

10
Stephen Dow Beckham: May, 2012