Treaty of Payne's Landing
Encyclopedia
The Treaty of Payne's Landing (Treaty with the Seminole, 1832) was an agreement signed on 9 May 1832 between the government of the United States
and several chiefs of the Seminole
Indians in the present-day state of Florida
.
in 1823, the Seminoles had relinquished all claims to land in the Florida Territory
in return for a reservation in the center of the Florida peninsula and certain payments, supplies and services to be provided by the U.S. government, guaranteed for twenty years. After the election of Andrew Jackson
as President of the United States
in 1828, the movement to transfer all Indians in the United States to west of the Mississippi River
grew, and in 1830 the United States Congress
passed the Indian Removal Act
.
Determined to move the Seminoles west, the United States Department of War
appointed James Gadsden
to negotiate a new treaty with them. In the spring of 1832 the Seminoles on the reservation were called to a meeting at Payne's Landing on the Oklawaha River. The negotiations were conducted in obscurity, if not secrecy. No minutes were taken, nor were any detailed accounts of the negotiations ever published. This was to lead to trouble later.
The U.S. government wanted the Seminoles to move to the Creek Reservation in what was then part of the Arkansas Territory
(which later became part of the Indian Territory
), to become part of the Creek Nation
, and to return all runaway slaves to their lawful owners. None of these demands were agreeable to the Seminoles. They had heard that the climate at the Creek Reservation was harsher than in Florida. The Seminoles of Florida did not consider themselves part of the Creeks. Although many of the groups in Florida had come from what whites called Creek tribes, they did not feel any connection. Some of the groups in Florida, such as the Choctaws, Yamasee
s and the Yuchi
s had never been grouped with the Creeks. Finally, runaway slaves, while often held as slaves by the Seminoles (under much milder conditions than with whites), were fairly well integrated into the bands, often inter-marrying, and rising to positions of influence and leadership. (See Black Seminoles
.)
, Arkansas Territory a statement that the new land was acceptable. Upon their return to Florida, however, most of the chiefs renounced the statement, claiming that they had not signed it, or that they had been forced to sign it, and in any case, that they did not have the power to decide for all the tribes and bands that resided on the reservation. Even some U.S. Army officers observed that the chiefs "had been wheedled and bullied into signing." Furthermore, "there is evidence of trickery by the whites in the way the treaty is phrased."
Several villages had been allowed to stay in the area of the Apalachicola River
after 1823 when the rest of the Seminoles had been forced into the new reservation. Gadsden was able to persuade the chiefs of these villages to move, however, and they went west in 1834. The United States Senate
finally ratified the Treaty of Payne's Landing in April 1834.
, in what is now Ocala
was reopened in 1834. A new Seminole agent, Wiley Thompson, was appointed in 1834, and the task of persuading the Seminoles to move fell to him. He called the chiefs together at Fort King in October 1834 to talk to them about the removal to the west. The Seminoles informed Thompson that they had no intention of moving, and that they did not feel bound by the Treaty of Payne's Landing. Thompson then requested reinforcements for Fort King and Fort Brooke, reporting that, "the Indians after they had received the Annuity, purchased an unusually large quantity of Powder & Lead." Brigadier General Duncan L. Clinch, United States Army
commander for Florida, also warned Washington that the Seminoles did not intend to move, and that more troops would be needed to force them to move. In March 1835 Thompson called the chiefs together to read a letter from Andrew Jackson to them. In his letter, Jackson said, "Should you ... refuse to move, I have then directed the Commanding officer to remove you by force." The chiefs asked for thirty days to respond. A month later the Seminole chiefs told Thompson that they would not move west. Thompson and the chiefs began arguing, and General Clinch had to intervene to prevent bloodshed. Eventually, eight of the chiefs agreed to move west, but asked to delay the move until the end of the year, and Thompson and Clinch agreed.
Five of the most important of the Seminole chiefs, including Micanopy
of the Alachua Seminoles, had not agreed to the move. In retaliation, Thompson declared that those chiefs were removed from their positions. As relations with the Seminoles deteriorated, Thompson forbid the sale of guns and ammunition to the Seminoles. Osceola
, a young warrior beginning to be noticed by the whites, was particularly upset by the ban, feeling that it equated Seminoles with slaves and said, "The white man shall not make me black. I will make the white man red with blood; and then blacken him in the sun and rain ... and the buzzard live upon his flesh." In spite of this, Thompson considered Osceola to be a friend, and gave him a rifle. Later, though, when Osceola was causing trouble, Thompson had him locked up at Fort King for a night. The next day, in order to secure his release, Osceola agreed to abide by the Treaty of Payne's Landing and to bring his followers in.
The situation grew worse. In August 1835 Private Kinsley Dalton (for whom Dalton, Georgia
is named) was killed by Seminoles as he was carrying the mail from Fort Brooke to Fort King. In November Chief Charley Emathla, wanting no part of a war, led his people towards Fort Brooke where they were to board ships to go west. This was considered a betrayal by other Seminoles. Osceola met Charlie Emathla on the trail and killed him. The Second Seminole War
was beginning.
Witnesses:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and several chiefs of the Seminole
Seminole
The Seminole are a Native American people originally of Florida, who now reside primarily in that state and Oklahoma. The Seminole nation emerged in a process of ethnogenesis out of groups of Native Americans, most significantly Creeks from what is now Georgia and Alabama, who settled in Florida in...
Indians in the present-day state of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
.
Background
By the Treaty of Moultrie CreekTreaty of Moultrie Creek
The Treaty of Moultrie Creek was an agreement signed in 1823 between the government of the United States and several chiefs of the Seminole Indians in the present-day state of Florida. The United States had acquired Florida from Spain in 1821 by means of the Adams-Onís Treaty. In 1823 the...
in 1823, the Seminoles had relinquished all claims to land in the Florida Territory
Florida Territory
The Territory of Florida was an organized incorporated territory of the United States that existed from March 30, 1822, until March 3, 1845, when it was admitted to the Union as the State of Florida...
in return for a reservation in the center of the Florida peninsula and certain payments, supplies and services to be provided by the U.S. government, guaranteed for twenty years. After the election of Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
as President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
in 1828, the movement to transfer all Indians in the United States to west of the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
grew, and in 1830 the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the Indian Removal Act
Indian Removal Act
The Indian Removal Act was signed into law by President Andrew Jackson on May 28, 1830.The Removal Act was strongly supported in the South, where states were eager to gain access to lands inhabited by the Five Civilized Tribes. In particular, Georgia, the largest state at that time, was involved in...
.
Determined to move the Seminoles west, the United States Department of War
United States Department of War
The United States Department of War, also called the War Department , was the United States Cabinet department originally responsible for the operation and maintenance of the United States Army...
appointed James Gadsden
James Gadsden
James Gadsden was an American diplomat, soldier and businessman and namesake of the Gadsden Purchase, in which the United States purchased from Mexico the land that became the southern portion of Arizona and New Mexico. James Gadsden served as Adjutant General of the U. S...
to negotiate a new treaty with them. In the spring of 1832 the Seminoles on the reservation were called to a meeting at Payne's Landing on the Oklawaha River. The negotiations were conducted in obscurity, if not secrecy. No minutes were taken, nor were any detailed accounts of the negotiations ever published. This was to lead to trouble later.
The U.S. government wanted the Seminoles to move to the Creek Reservation in what was then part of the Arkansas Territory
Arkansas Territory
The Territory of Arkansas, initially organized as the Territory of Arkansaw, was an organized incorporated territory of the United States that existed from July 4, 1819 until June 15, 1836, when the final extent of the territory was admitted to the Union as the State of Arkansas.-History:The...
(which later became part of the Indian Territory
Indian Territory
The Indian Territory, also known as the Indian Territories and the Indian Country, was land set aside within the United States for the settlement of American Indians...
), to become part of the Creek Nation
Creek people
The Muscogee , also known as the Creek or Creeks, are a Native American people traditionally from the southeastern United States. Mvskoke is their name in traditional spelling. The modern Muscogee live primarily in Oklahoma, Alabama, Georgia, and Florida...
, and to return all runaway slaves to their lawful owners. None of these demands were agreeable to the Seminoles. They had heard that the climate at the Creek Reservation was harsher than in Florida. The Seminoles of Florida did not consider themselves part of the Creeks. Although many of the groups in Florida had come from what whites called Creek tribes, they did not feel any connection. Some of the groups in Florida, such as the Choctaws, Yamasee
Yamasee
The Yamasee were a multiethnic confederation of Native Americans that lived in the coastal region of present-day northern coastal Georgia near the Savannah River and later in northeastern Florida.-History:...
s and the Yuchi
Yuchi
For the Chinese surname 尉迟, see Yuchi.The Yuchi, also spelled Euchee and Uchee, are a Native American Indian tribe who traditionally lived in the eastern Tennessee River valley in Tennessee in the 16th century. During the 17th century, they moved south to Alabama, Georgia and South Carolina...
s had never been grouped with the Creeks. Finally, runaway slaves, while often held as slaves by the Seminoles (under much milder conditions than with whites), were fairly well integrated into the bands, often inter-marrying, and rising to positions of influence and leadership. (See Black Seminoles
Black Seminoles
The Black Seminoles is a term used by modern historians for the descendants of free blacks and some runaway slaves , mostly Gullahs who escaped from coastal South Carolina and Georgia rice plantations into the Spanish Florida wilderness beginning as early as the late 17th century...
.)
Treaty contents
The treaty negotiated at Payne's Landing called for the Seminoles to move west if the land were found to be suitable. The delegation of seven chiefs who were to inspect the new reservation did not leave Florida until October 1832. After touring the area for several months and conferring with the Creeks who had already been settled there, the seven chiefs signed on March 28, 1833 at Fort GibsonFort Gibson, Oklahoma
Fort Gibson is a town in Cherokee and Muskogee counties in the U.S. state of Oklahoma. The population was 4,054 at the 2000 census. It is the location of Fort Gibson National Cemetery and is located near at the end of the Cherokees' Trail of Tears at Tahlequah, Oklahoma.Colonel Matthew Arbuckle of...
, Arkansas Territory a statement that the new land was acceptable. Upon their return to Florida, however, most of the chiefs renounced the statement, claiming that they had not signed it, or that they had been forced to sign it, and in any case, that they did not have the power to decide for all the tribes and bands that resided on the reservation. Even some U.S. Army officers observed that the chiefs "had been wheedled and bullied into signing." Furthermore, "there is evidence of trickery by the whites in the way the treaty is phrased."
Several villages had been allowed to stay in the area of the Apalachicola River
Apalachicola River
The Apalachicola River is a river, approximately 112 mi long in the State of Florida. This river's large watershed, known as the ACF River Basin for short, drains an area of approximately into the Gulf of Mexico. The distance to its farthest headstream in northeast Georgia is approximately 500...
after 1823 when the rest of the Seminoles had been forced into the new reservation. Gadsden was able to persuade the chiefs of these villages to move, however, and they went west in 1834. The United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
finally ratified the Treaty of Payne's Landing in April 1834.
Refusal to move
The treaty had given the Seminoles three years to move west of the Mississippi. The government interpreted the three years as starting in 1832, and expected the Seminoles to move in 1835. Fort KingFort King
Fort King was a United States military fort in north central Florida. It was named after Colonel William King, commander of Florida's Fourth Infantry and the first governor of the provisional West Florida region. The fort was built in 1827, and became the genesis of the city of Ocala...
, in what is now Ocala
Ocala, Florida
Ocala is a city in Marion County, Florida. As of 2007, the population recorded by the U.S. Census Bureau was 53,491. It is the county seat of Marion County, and the principal city of the Ocala, Florida Metropolitan Statistical Area, which had an estimated 2007 population of 324,857.-History:Ocala...
was reopened in 1834. A new Seminole agent, Wiley Thompson, was appointed in 1834, and the task of persuading the Seminoles to move fell to him. He called the chiefs together at Fort King in October 1834 to talk to them about the removal to the west. The Seminoles informed Thompson that they had no intention of moving, and that they did not feel bound by the Treaty of Payne's Landing. Thompson then requested reinforcements for Fort King and Fort Brooke, reporting that, "the Indians after they had received the Annuity, purchased an unusually large quantity of Powder & Lead." Brigadier General Duncan L. Clinch, United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
commander for Florida, also warned Washington that the Seminoles did not intend to move, and that more troops would be needed to force them to move. In March 1835 Thompson called the chiefs together to read a letter from Andrew Jackson to them. In his letter, Jackson said, "Should you ... refuse to move, I have then directed the Commanding officer to remove you by force." The chiefs asked for thirty days to respond. A month later the Seminole chiefs told Thompson that they would not move west. Thompson and the chiefs began arguing, and General Clinch had to intervene to prevent bloodshed. Eventually, eight of the chiefs agreed to move west, but asked to delay the move until the end of the year, and Thompson and Clinch agreed.
Five of the most important of the Seminole chiefs, including Micanopy
Micanopy
Micanopy , also known as Micco-Nuppe, Michenopah, Miccanopa, Mico-an-opa and Sint-chakkee , was the leading chief of the Seminoles who led the tribe during the Second Seminole War...
of the Alachua Seminoles, had not agreed to the move. In retaliation, Thompson declared that those chiefs were removed from their positions. As relations with the Seminoles deteriorated, Thompson forbid the sale of guns and ammunition to the Seminoles. Osceola
Osceola
Osceola, also known as Billy Powell , became an influential leader with the Seminole in Florida. He was of Creek, Scots-Irish and English parentage, and had migrated to Florida with his mother after the defeat of the Creek in 1814.Osceola led a small band of warriors in the Seminole resistance...
, a young warrior beginning to be noticed by the whites, was particularly upset by the ban, feeling that it equated Seminoles with slaves and said, "The white man shall not make me black. I will make the white man red with blood; and then blacken him in the sun and rain ... and the buzzard live upon his flesh." In spite of this, Thompson considered Osceola to be a friend, and gave him a rifle. Later, though, when Osceola was causing trouble, Thompson had him locked up at Fort King for a night. The next day, in order to secure his release, Osceola agreed to abide by the Treaty of Payne's Landing and to bring his followers in.
The situation grew worse. In August 1835 Private Kinsley Dalton (for whom Dalton, Georgia
Dalton, Georgia
Dalton is a city in Whitfield County, Georgia, United States. It is the county seat of Whitfield County and the principal city of the Dalton, Georgia Metropolitan Statistical Area, which encompasses all of both Murray and Whitfield counties. As of the 2010 census, the city had a population of 33,128...
is named) was killed by Seminoles as he was carrying the mail from Fort Brooke to Fort King. In November Chief Charley Emathla, wanting no part of a war, led his people towards Fort Brooke where they were to board ships to go west. This was considered a betrayal by other Seminoles. Osceola met Charlie Emathla on the trail and killed him. The Second Seminole War
Second Seminole War
The Second Seminole War, also known as the Florida War, was a conflict from 1835 to 1842 in Florida between various groups of Native Americans collectively known as Seminoles and the United States, part of a series of conflicts called the Seminole Wars...
was beginning.
Signatories
- James GadsdenJames GadsdenJames Gadsden was an American diplomat, soldier and businessman and namesake of the Gadsden Purchase, in which the United States purchased from Mexico the land that became the southern portion of Arizona and New Mexico. James Gadsden served as Adjutant General of the U. S...
- Holati Emartla, his x mark
- Jumper, his x mark
- Fuch-ta-lus-ta-Hadjo, his x mark
- Charley Emartla, his x mark
- Coa Hadjo, his x mark
- Ar-pi-uck-iAr-pi-uck-i (Sam Jones)Ar-pi-uck-i, also known as Sam Jones, was a powerful spiritual alektca and war chief of the Miccosukee, a Seminole-Muscogee Creek tribe of the Southeast United States. Ar-pi-uck-i successfully defied the U.S...
, or Sam Jones, his x mark - Ya-ha Hadjo, his x mark
- Mico-Noha, his x mark
- Tokose-Emartla, or Jno. Hicks. his x mark
- Cat-sha-Tusta-nuck-i, his x mark
- Hola-at-a-Mico, his x mark (aka Billy BowlegsBilly BowlegsthumbChief Billy Bowlegs or Billy Bolek was a leader of the Seminoles in Florida during the Second and Third Seminole Wars against the United States...
) - Hitch-it-i-Mico, his x mark
- E-ne-hah, his x mark
- Ya- ha- emartla Chup- ko, his mark
- Moke-his-she-lar-ni, his x mark
Witnesses:
- Douglas Vass, Secretary to Commissioner,
- John Phagan, Agent,
- Stephen Richards, Interpreter,
- Abraham, Interpreter, his x mark,
- Cudjo, Interpreter, his x mark,
- Erastus Rogers,
- B. Joscan.
External links
- Treaty of Payne's Landing original text from johnhorse.com
- Treaty of Payne's Landing original text from the Oklahoma State University Library