Second Treaty of Indian Springs

Background. Prior to 1825, the Muscogee had ceded territory east of the Flint River in 1821. In December 1824, American envoys failed to secure a broader cession. The National Council had previously passed legislation in 1824 making the alienation of communal land a capital crime. Despite this, negotiations proceeded with six Lower Creek chiefs, resulting in the controversial treaty that ceded lands east of the Chattahoochee River.

Treaty Terms. Signed on February 12, 1825, the treaty ceded all remaining Muscogee land in Georgia and 3,000,000 acres in Alabama. In exchange, the United States paid $200,000 in installments and assumed debts owed to the Georgian people; the treaty text also provided for annuities to be paid to the Muscogee nation. McIntosh and the six Lower Creek chiefs who negotiated the agreement accepted relocation west to an equivalent parcel along the Arkansas River. An additional article was added on February 14, 1825.

Controversy and Execution. The treaty was signed in violation of Muscogee law, which defined alienating communal land as a capital crime. The National Council ruled that signatories must be executed. On April 30, 1825, Menawa and Law Menders attacked McIntosh's plantation, killing him and another chief, Etommee Tustunnuggee. This marked the first time the Council ordered the execution of a Muscogee for crimes against the Nation.

Aftermath. Members of the National Council protested the treaty in Washington. The U.S. government rejected the 1825 treaty as fraudulent and negotiated the 1826 Treaty of Washington, allowing the Muscogee to retain land in Alabama. Georgia ignored the new treaty and worked to evict the Muscogee. McIntosh's family voluntarily relocated to Indian Territory between 1826 and 1830.