The 1833 Treaty with the Apalachicola Band of Creek Indians (Econ-chati-mico) represents a significant, albeit complex, chapter in the history of U.S. relations with Native American tribes in Florida. This agreement, signed on June 18, 1833, at Pope’s in Fayette County, Florida Territory, marked the relinquishment of land previously reserved for the Apalachicola Band of Creek Indians under the 1823 Treaty with the Florida Indians. To understand the context and implications of the 1833 treaty, it’s essential to delve into the preceding events and the motivations of the parties involved.
Background: The Apalachicola Band and the 1823 Treaty
The Apalachicola Band of Creek Indians emerged as a distinct entity following the 1823 Treaty with the Florida Indians, also known as the Treaty of Camp Moultrie. This earlier treaty, signed on September 18, 1823, aimed to consolidate and control the Native American population within the Florida Territory. As an incentive for cooperation and recognition of their alliance during periods of conflict, including the Patriot Revolution, the War of 1812, the Creek War of 1813, and the First Seminole War in 1820, the United States designated the Apalachicola Band as a "federal tribe."
Under the Additional Article of the 1823 treaty, six chiefs, selected from among thirty-two Florida Indian leaders, were granted tribal status. This newly recognized tribe was awarded a reservation encompassing a 100-mile area in Northwest Florida. This land was intended to provide a secure territory for the Apalachicola Band, recognizing their contribution as allies.
The Apalachicola Reservation was strategically located along the Apalachicola River and at the confluence of the Flint and Chattahoochee Rivers. The United States government formally recognized the tribe as the "Apalachicola Band of Creek Indians," named after the prominent river that defined their territory. The Band was comprised of six primary towns, each led by a chief. These chiefs included prominent figures such as Neamathla, Phillip Emartlar, Econchatti Micco (after whom the treaty is partially named), Mulatto King, Cochrane, and John Blount. These leaders played crucial roles in negotiating with the U.S. government and representing the interests of their people.
However, the reservation granted in 1823 was short-lived. Tensions and pressures from westward expansion led to negotiations aimed at acquiring this land, setting the stage for the 1833 treaty.
The 1833 Treaty: Relinquishment and Compensation
The 1833 Treaty with the Apalachicola Band of Creek Indians (Econ-chati-mico) was initiated by the United States to acquire the land granted to the Apalachicola Band a decade prior. The treaty’s preamble clearly states its purpose: "Relinquishment by certain chiefs, of land reserved by the treaty of 18th Sept. 1823."
The treaty’s language emphasizes the voluntary nature of the relinquishment. The chiefs, acting "for and in behalf of themselves, and Warriors," ceded "all the privileges to which they are entitled as parties to a treaty concluded at Camp Moultrie on the 18th of September 1823, and surrender to the United States all their right, title and interest to a reservation of land." The land in question was specifically defined in the 1823 treaty as "commencing on the Chattahoochie, one mile below Econchatimico’s house; thence up said river four miles; thence one mile west; thence southerly to a point, one mile west of the beginning; thence east to the beginning point."
In exchange for this cession, the United States offered compensation and specific stipulations outlined in the treaty’s articles.
Article II: Land Grant and Future Status
Article II of the 1833 treaty stipulated that the United States would grant and convey, within three years, three sections of land (or contiguous quarter and fractional sections containing a like quantity of acres) to Econchatimico, for the benefit of himself, sub-chiefs, and warriors. This land was to be strategically located to encompass the chief’s fields and improvements, ensuring the band retained access to its existing agricultural resources. The boundaries of this new land grant would correspond with public surveys.
The treaty included a provision allowing Econchatimico, with the consent and advice of the Executive of the Territory of Florida, to dispose of the land and migrate to a country of their choice before the three-year period expired. This offered the band a degree of flexibility in determining their future.
However, the article also included a critical condition. Should the Apalachicola Band remain on their lands after Blunt’s band and the Seminoles had migrated under the stipulations of their respective treaties, the United States would withdraw the immediate protection previously extended to the chief, sub-chiefs, and warriors. In this scenario, the Apalachicola Band would become subject to the government and laws of the Territory of Florida. This clause effectively pressured the band to relocate and assimilate into the broader territorial society.
Article III: Annuity Payments
Article III addressed the continuation of annuity payments to the Apalachicola Band. The United States agreed to continue providing Econchatimico, his sub-chiefs, and warriors their proportional share of the $5,000 annuity to which they were entitled under the 1823 Treaty of Camp Moultrie. These payments would continue as long as the Seminoles remained in the Territory. Furthermore, the United States committed to advance their proportional amount of the annuity for the remainder of the term stipulated in the 1823 treaty once the Seminoles finally removed themselves in compliance with the Treaty of Payne’s Landing, signed on May 9, 1832. This provision aimed to ensure the band’s financial security during the transition period and incentivize Seminole removal.
Article IV: Migration Options and Incentives
Article IV presented the Apalachicola Band with two options regarding their future migration. First, if the chiefs and warriors desired to migrate from the Territory of Florida to the country allotted to the Creeks and Seminoles in Arkansas, they could sell their land grants and use the proceeds, or their own resources, to cover the expenses of their migration and subsistence.
Alternatively, the band could surrender all rights and privileges acquired under the 1833 treaty and become parties to the Treaty of Payne’s Landing with the Seminoles. By reuniting with the Seminoles in their new abode in Arkansas, they would become a constituent part of that tribe. In this scenario, the United States agreed to pay $3,000 for the reservation relinquished in the first article of the treaty, in addition to any rights and immunities acquired under the Treaty of Payne’s Landing. This provision offered a financial incentive for the Apalachicola Band to join the Seminoles in their forced relocation.
Signatories and Witnesses
The 1833 Treaty with the Apalachicola Band of Creek Indians (Econ-chati-mico) was signed by James Gadsden, acting as commissioner on behalf of the United States, and by the following chiefs and warriors, each affixing their mark: Econ-chati-mico, Billy Humpkin, Kaley Senehah, Elapy Tustenuckey, Vauxey Hajo, Fose-e-mathla, and Lath-la-fi-cicio.
The signing was witnessed by William S. Pope, sub-agent; Robert Larance; and Joe Miller and Jim Walker, both acting as interpreters. Their presence affirmed the legitimacy of the proceedings and the accuracy of the translation.
Implications and Legacy
The 1833 treaty, like many treaties between the United States and Native American tribes, was a product of its time, reflecting the prevailing policies of westward expansion and Indian removal. While the treaty ostensibly offered compensation and options to the Apalachicola Band, it ultimately pressured them to relinquish their land and assimilate or relocate.
The treaty’s legacy is complex. While some members of the Apalachicola Band may have chosen to migrate to Arkansas, others likely remained in Florida, facing the challenges of integration into a rapidly changing society. The 1833 Treaty with the Apalachicola Band of Creek Indians (Econ-chati-mico) stands as a testament to the intricate and often fraught relationship between the United States government and Native American tribes during the 19th century. It is a reminder of the historical injustices and the resilience of the Apalachicola Band of Creek Indians in the face of adversity.
