The 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King) represents a significant, albeit complex, moment in the history of the relationship between the United States government and Native American tribes in Florida. This agreement, signed on June 18, 1833, in Fayette County, Florida, at Pope’s Ferry, aimed to resolve land claims and address the future of the Apalachicola Band, a group of Creek Indians who had previously been granted a reservation. The treaty’s namesake, "Mulatto King," refers to Vacapasacy, one of the prominent chiefs of the band, whose mixed-race heritage was likely a defining aspect of his identity and leadership.
To fully understand the context of the 1833 treaty, it’s crucial to examine the events leading up to it. The Apalachicola Band of Creek Indians emerged as a distinct entity following the 1823 Treaty with the Florida Indians, signed at Camp Moultrie. This earlier treaty aimed to consolidate and manage the various Native American groups residing in Florida. As a consequence of their alliance with the Americans during the Patriot Revolution, the War of 1812, the Creek War of 1813, and the First Seminole War in 1818, six chiefs from among the thirty-two Florida Indian leaders were rewarded with tribal status and a 100 mile reservation in Northwest Florida. These conflicts underscored the strategic importance of the region and the value placed on alliances, even with indigenous populations. This treaty recognized a select group of leaders and their followers, granting them a specific territory along the Apalachicola River.
The Camp Moultrie Treaty provided the Apalachicola Band with a defined territory, essential for their self-governance and sustenance. This reservation, situated along the Apalachicola River, included the confluence of the Flint and Chattahoochee Rivers, a strategically and ecologically significant area. The U.S. negotiators officially designated them the "Apalachicola Band of Creek Indians," linking their tribal identity to the geographical location of their reservation. The band comprised six principal towns, each led by its own chief: Neamathla, Phillip Emartlar, Econchatti Micco, the aforementioned Mulatto King (Vacapasacy), Cochrane, and John Blount. These chiefs held considerable authority within their respective towns and collectively represented the interests of the entire Apalachicola Band.
However, the security and stability promised by the 1823 treaty proved short-lived. Pressures from westward expansion, the desire for fertile lands, and the prevailing attitudes toward Native American sovereignty ultimately led to the negotiation of the 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King). This new agreement focused on the relinquishment of the Apalachicola Reservation and the future disposition of the band members. The treaty, in essence, sought to undo the arrangements made a decade earlier.
The Terms of the 1833 Treaty
The 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King) consisted of several key articles, each outlining specific agreements and stipulations:
-
Article I: Relinquishment of Land: This article stipulated that the undersigned chiefs, acting on behalf of themselves and their warriors, voluntarily relinquished all rights and privileges granted to them under the 1823 Treaty of Camp Moultrie. They surrendered all right, title, and interest to the reservation land, specifically described as commencing "on the Appalachicola, at a point to include Yellow Hare’s improvements, thence up said river four miles; thence, west, one mile; thence southerly to a point one mile west of the beginning; and thence, east, to the beginning point." This effectively dissolved the Apalachicola Reservation as it was originally defined.
-
Article II: Land Grants to Chiefs: In exchange for the cession of their reservation, the United States agreed to grant and convey, within three years, a section and a half of land (approximately 960 acres) each to Mulatto King (Vacapasacy) and Tustenuggy Hajo, the head chief of Ematlochees town. This land was intended for the benefit of themselves, their sub-chiefs, and their warriors. The specific location of these land grants was to be determined later by the President of the United States, ensuring that the chiefs’ fields and improvements were included and that the boundaries aligned with public surveys. The article also allowed the chiefs, with the consent of the Executive of the Territory of Florida, to sell their land and migrate elsewhere before the three-year period expired. However, it also stated that once Blunt’s band and the Seminoles had migrated under the treaties concluded with them, the U.S. would withdraw its direct protection, and the Apalachicola Band would become subject to the laws of the Territory of Florida.
-
Article III: Annuity Payments: The United States pledged to continue providing Mulatto King (Vacapasacy), Tustenuggy Hadjo, their sub-chiefs, and their warriors with their proportional share of the $5,000 annuity they were entitled to under the Treaty of Camp Moultrie, as long as the Seminoles remained in the territory. Furthermore, the treaty stipulated that their proportional amount of the annuity would be advanced for the remaining term specified in the Camp Moultrie treaty once the Seminoles had finally removed in compliance with the Treaty of Payne’s Landing (1832).
-
Article IV: Migration Options: This article addressed the possibility of the Apalachicola Band migrating from Florida. If they chose to move to the Creek and Seminole territory in Arkansas after selling their land grants, they would be responsible for covering all migration expenses from the proceeds of the sales or their private resources. Alternatively, they could surrender their rights and privileges under the 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King) and become part of the Seminole tribe in Arkansas, as stipulated by the Treaty of Payne’s Landing. In this case, the United States would pay $3,000 for the relinquished reservation, in addition to any rights and immunities acquired under the Treaty of Payne’s Landing.
Signatories and Witnesses
The 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King) was signed by James Gadsden, representing the United States, and by several chiefs and warriors of the Apalachicola Band, including Mulatto King (Vacapasacy), Tustenuggy Hajo, Yellow Hare, John Walker, Yeo-lo-hajo, Cath-a-hajo, Lath-la-yahola, Pa-hosta Tustenuckey, and Tuse-caia-hajo. Each of the Native American signatories marked the document with an "x," indicating their inability to write. The treaty was witnessed by William S. Pope (sub-agent), Robert Larance, Joe Miller (interpreter), and Jim Walker (interpreter).
Consequences and Legacy
The 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King) had a significant impact on the Apalachicola Band. The treaty effectively dissolved their reservation and forced them to make difficult choices about their future. Some likely chose to remain in Florida, subject to the laws of the territory and facing the pressures of increasing white settlement. Others may have opted to migrate to Arkansas, either independently or as part of the Seminole tribe. The treaty exemplifies the broader pattern of U.S. government policies that aimed to dispossess Native Americans of their land and assimilate them into American society, whether by force or through incentivized migration. The 1833 Treaty with the Apalachicola Band of Creek Indians (Mulatto King) serves as a reminder of a complex and often tragic period in American history, where the rights and sovereignty of indigenous peoples were routinely disregarded.