Affidavit of Several Chickasaws, 22 OCT 1832:
[M-234 Roll #136]
We the undersigned, Do hereby Certify and acknowledge, That the
true and just line between the Choctaw & Chickasaw Nations
begins at the Mouth of Oka-tithe-hah and runs up it until it gets
to the mouth of Noo-sah-chi-yah, then up that creek to a large
round swamp, where Noo-sah-chi-yah makes a considerable bend towards
the Chickasaws at that point it takes out, on the South side near
a large pond, keeping a direct course to a grove of large Pines
on the ridge about one mile beyond Wall's old stand on
the Natchez Road. Thence a westward course to a point on the Mississippi
River, well known by the name "Tunica Village".
Witness
Tom chico
Martin Colbert
Levi Colbert to President Andrew Jackson, 22 NOV 1832:
To the President of the United States
My great and beloved Father
As the head of my Nation, my heart tells me it is right that I
place truth before you and if you have looked me in the face and
dealt with my heart often and long enough, to credit my woods,
you shall have truth in its nakedness. I had not lived and cast
my senses, as you know, along the whitemans march, with my eyes
shut, man proves the hand of God can no more change principles
fixed in him, than he can change his skin, so it is, with the
Indian, and his native land, when he hears of a departure from
it, his heart like the stricken deer, reels and falls, but he
may not die. I saw the whitemans march was to take my country.
I prepared my mind and the mind of my Nation for it.
I received Genl. Coffees message announcing the treaty
on the 15th of September, the annuity come out at the same time.
In one or two days Colo. Terrell visited my tent, with
a talk which I guessed (never knowing) was Genl. Coffees,
to induce from me a distinct proposition to sell our country.
This Conference closed and I asked Colo. Terrel to say
that my Nation had no proposition to make, if any was made, it
must come from Genl. Coffee. This gentleman in general
Council on the 24th handed to me the written bassis of his treaty.
Marked A and herewith sent. My Nation from day to day until the
29th consulted on this basis. On that day, handed to the Genl.,
the Coppy of a paper marked B consenting to consider the treaty,
which was forthwith presented and with which my Nation was not
satidfied because the Forth Article provided that the lands to
be reserved for the residence of my people until their removal,
should be sold by the government, which is not within the basis,
and the the chiefs universaly desired, under proper regulations,
to retain that right themselves, and we were with one voice opposed
to any part of the proceeds of these lands, being vested with
the United States at all, which investments as per treaty, is
not within, but out of the basis. See article four.
We wanted this money in our own power, to pay the debts of my
Nation, which must be done before we go. To meet expenses in the
search and payments for a country west. To remove my Nation to
it and to feed and sustain my people in their new homes untill
they can again build houses clear farms and and get stock about
them. There was in this treaty no guard against Speculation. The
selection of reservations, and the valuation of improvements,
I believe belonged to our National Council, and not to the President,
because exclusively, this is my Nations interest and business,
the national funds pays for it, and the solid interests of my
Nation verry much depends on it.
This fourth article pays to my Nation all the net proceeds of
these reserved lands, but the thenth, takes, without condition,
three fourths of it and fixes it with the United States, to my
Nation this was disagreeable, as well also was the establishment
of two land offices with two extra clerks, with one register and
receiver, we were content. During the advisement of my Nation
previous to the presentation of my note in reply to the Genl's
basis. The greate body of this Nation had in repeated and solemn
councils, positively determined, that not one reservation in the
whole country should be allowed, except Colberts Island.
This determined fact Genl Coffee had from my mouth and
Pitman Colbert's repeatedly, but he would not agree to
it, and we all think, to give or not give reservations was our
own Native question, after he sent for the Commissioners to his
quarters, and told us, If we did not allow reservations our greate
Fatehr the President would not like it, and he distrubed with
us and would think it verry strange that we denied ourselves reservations.
We told him that God gave the country to all the Nation, no one
had better right than an other. The half breeds got a wide field,
they got moreInteligents than the Indians, and the treaty let
them choose where they will, they would take a great deal of the
verry best land and leave the poor.
We had a country to find we knowed not where to buy it. If we
had to buy of the Mexicans, a large sum of money must be ready,
we had to move to this home pay our debts and live when we got
there, let us do all these things of first necessity, then vest
the balance with the government and draw on the interest. Genl.
Coffee say No, on this question you must sleep one night more,
he would get the Indians, the half breeds, and white men with
Indian families together next day at the Council house, among
us. He will help settle this matter. I tell Genl. Coffee,
it is not worth while to sleep on a question so well considered
and finally determined. He replied, we must all meet him tomorrow
and so we did. The Genl. and the half breeds made several talks,
at last the Genl. asked me if my mind was fixed not to allow reservations.
I told him the great body of My Nation was against reservations
and my mind was with them. He asked me what was my mind about
the Franklin Treaty, if it was proper to receive any part of it.
I asked him if that treaty lived. He said the government had failed
to fulfil its part, it was bad, but as the Chickasaws were always
ready and willing to fullfil all their contracts, it might be
proper to receive some part of it. I told him it was useless to
talk about the dead. He said well, he would write out another
treaty, such as he thought right if we signed it -- well if not,
he would fo home. So we parted as we met except a little more
heat.
In a day or two, he presented his treaty marked D, the very Same as before, on to the fourth article, which ruined a part of the treaty of Franklin, allowing and giving to Indians, half breeds, and Some white men not of Chickasaw families, 39,860 acres of choice land in fee simple, among them was several Chickasaw Commissioners, there with the Genl in treaty, and by the 12th article, gave to four others, 5,120 acres of choice land in fee simple to keep or to sell, in the same article near one hundred sections are given to half breeds and white men with Indian familys. The very persons against whom the Chiefs had been so long contending. To this treaty, all of us delivered our objectios, the Genl. again insisted that the full and half breeds should again meet in council. The Genl., Levi Colbert nor Pittman Colbert were not to be present. The parties meet, the half breeds after these talks, asked the chiefs, one by one if they would allow them reservations, one by one the old chiefs answered No, and turn'd to the warriors and asked them if they would defend them in this Opinion, the warriors replied they would. So they parted as they met.
The concluding article of this treaty gave to me Levi Colbert,
ten sections, make in all fifteen sections and a half. I received
this news from Genl. Coffee, by Col. Terrell in
my tent, before this treaty was public. The messenger explained
to me with great clearness & force, the immense value and
importance of 9,920 acres of well selected first rate land, which
might be got in the verry bosom of stream navigation. for the
happiness of my Nation, I had struck my course, my stand was taken
and Genl. Coffee knew it. When Col. Terrell finished,
I said to him, When Genl. Coffee attempts to buy my honesty,
he must have a pile of money high as my head, then I will keep
my honesty still, and the money must come from the United States
Treasury and not from my Nations pocket to put mine, and then
my honesty shall stay with me still.
I cant tell what makes Genl. Coffee love reservations,
so hard and so long. Three times he has been told no reservations
can be allowed, most three weeks have gone away since he hang
on this question and got so much heat in our Camps with the half
breeds, I will tell him today if he does not quit these reservations,
I will quit the treaty.
The Genl. wrote another treaty, left out one land office and made
some unimportant amendments, but still it seemed to us, the half
breeds on reserves, from peculiar words in the treaty, might remain
on them a long time or give verry long leases, in spite of the
Nations actual removal. So the Genl. by the Chickasaw commissioners
various amendments in respectful briefs were porposed all of which,
is herewith sent, and almost all, was rejected.
An Other Objection is 15/20 of my people are totally incapable
of selecting any land of worth, men of sense and honesty, we think
Ought to do this. My Nation also objects to the government selling
these reservations. To the President appointing the person to
value them or the agent to pay for them and it is objected also,
that both the surveyor general and land office, as to their duration
is without limit. The investment of any part of the proceeds of
the reserved lands, was and now is objected to. On the examination
my proposed amendments, to that treaty and of the traty signed
since and herewith sent, it will be seen whether the wishes of
my Nation, were or all right or wrong. I think the Chickasaw Commissioners
with other Chiefs and Warriors, kept this treaty two or three
days at my quarters, we could not, nor did we ever understand
or approve it.
My People were worn out, they Could not get their annuity till
the treaty was done, for the last week we were verry badly fed
and most of them gone home. But the Genl. requested what Chickasaws
were on the ground attend, a little before night, my health was
verry bad, at candle light Genl. Coffee called on the Chiefs
to sign the treaty. This he done repeatedly. They hesitated
and said there was something in it they did not understand and
requested to postpone untill tomorrow, at which the Genl. got
angry and accused the chiefs with ignorance, duplicity, and meaness,
charged them with trifling with his official character as well
as with his private feelings. He told them if they would not sign
the paper then he would leave them and got up off his seat and
went off as tho he was gone. Absent a few minutes and returned
and commenced his villifying the chiefs again, and told them they
must sign the paper then or he would never return, to try to make
a treaty with them again. They might remain, suffer and die under
the state laws for what he cared. After long contunued abuse and
menace from Genl .Coffee, the Chiefs signed the paper or
treaty.
The second paper signed on next day, was presented to the chiefs
by Mr. Secretary Anderson in presence of Genl. Coffee.
It was not read. The Chiefs were told, that the paper had been
read by Levi Colbert and others or read and explained to
him and was well understood. Therefore it was unnecessary to read
it and interpret it to them. Levi Colbert was at that time
absent and sick in his tent on these representations, the chiefs
present, signed the paper without knowing what was in it, nor
do they yet know its contents.
On the third day the supplement was presented, read, and Genl.
Coffee told the Indians that -- that paper was to cure all
those defects in the first papers as he had promised them. Levi
Colbert was still absent and sick.
About the time Genl. Coffee presented us with his treaty
about government selling our lands and puting so much money in
stock, my Nation did not know what to do, we were disposed to
trust, but we did not know how to do it. To our help, we invited
Capt Cook, Wm. Cooper attorney at law, Col. Terrell
and our Subagent Major Allen. I had known these men long
and they all had the confidence of my Nation &c. I thought
had the confidence of Genl. Coffee. These gentlemen explained
plainly, the nature of government land sales and bank stock, so
that in less than two days we got along under good way, soon to
finish the treaty, when this distracting reservation question
came up. They viewing the matter purely, purely Chickasaw, left
us, untill we would settle it.
The half breeds supported Genl. Coffee and the Genl supported
them. The alarm was common that the Genl. would never treat without
reservations. If the Chiefs would not allow them, it was strongly
impressed on us, that he would treat with the half breeds themselves.
I said if he will he must, they have no power. When the half breeds
and the Genl. can't get reserves. He semed to get mad and desperate,
he desired my white friends to leave my quarters, leave the Chiefs
to him, our friends done so, and my Nation was left helpless
and friendless. This action of Genl. Coffee, my nation
took very hard and very unkind. He was a man of experience and
education, we were nude from the hand of nature. He had his secretaries
and other enlightened friends around him, we were deprived of
the few friends on which we could rely.
He wished of my Nation a treaty, new to us in all its relations.
We knew not how to get along with it, our friends laboured us
sincerely to promote a treaty, and a treaty strickly within Genl.
Coffee's basis, as himself. Genl. Coffee did, and I
told him if he would let them half breeds and two or three whitement
who were troubling his ears alone, in four days we could finish
a good treaty.
My Father, I beg you to listen, I know Genl. Coffee stands
near your heart, and I am among the last men who would do or say
any thing to wound your feelings, but facts in this matter, your
generosity will forgive. In the Franklin treaty, reservations
were given to Major Allen, Col. Reynolds, McClish and Magee,
with others, and to myself, five sections and a half. The renewal
of any part of this treaty, and the allowance of reserves at the
treaty of Pontetoc, the Genl. well knew at an early day, would
not be agreed to. He pressed these matters on us, so hard &
so long, and so rough, this was the foundation, and final loss
of all confidence on both sides. I told hiom, the Nation had given
strong helps to enlighten our half breeds, we wanted their help
in our councils, we had paid many thousands of dollars of their
debts to save them from the white laws, nothing paid back. They
are the first of our nation to turn against whatthe steady old
chiefs believe, the most solid good for this nation. They seem
to calculate for there own pockets forgetful of their country.
I told him my Nation was soon to be left alone to search a new
and fair of home all the troubles, expenses and evils of it, were
on our own backs.
No help but the price of our country. It was my intention to vest
largely, through the President in bank stock, let the old corn
stand and my generations feed on the new, year by year,
but I wanted a good country first. I wished he would shut
his ears to this half people and let us make a treaty all satisfied
old friends. I proposed to the general many amendments to his
treaty, Such as my heart tells me, was just for the government
and my Nation. He denies my words. I tell him, my words are the
wishes and words of my Nation, (which he has long known very plain),
he says my Nation got no sense. I tell him, if my people make
a bad bargan it will be our loss, not the governments. he says
he knows best for us and would do it. So I know all confidence
and good feeling is gone.
This makes the treaty last five weeks, a few of my people signed
those papers influenced by the impetus of the moment, and at that
moment, hoping for that redress from our Father the President
which we think the State of the Genl's feelings denied us, in
treaty, for in addition to my former observations, at the signing
of the treaty When the Genl got up and went off he said as he
had repeatedly said before, that if we did not sign the treaty
then, that he was authorized by the President to say that -- that
was the last time, he would ever send a commissioner to us, and
if we did not sign them, he would directly leave ud for ever,
to the severitys of the state laws.
We thought this gentleman was the friend of the President and
brought to us his heart, that he was the officer of a great government,
Mad with my Nation and my Nation weak, we looked for all the furiy
on us. So we sign the paper.
When my Father used to treat with us he gave to us, a copy of
what was done. I sent Pitman Colbert and my son to the
Genl the evening before hr started from the treaty ground, requesting
copies of all which had been done. Very harshly -- he denied my
messengers, the next day he sent to me the letter marked K, but
I should very much like to know, what was in that dumb paper because
that paper gives me much uneasiness, as does the suppliment, for
I never saw either.
In relation to the salt lick and lands on the river Sandy in Tennessee,
I ask leave to say a few words. I was down sick in my tent, Genl.
Coffee came to me and said you have now sold your Country.
Nothing have been done with the salt lick and the land on Sandy
rever in Tennessee. I say to Genl Coffee I am too sick
to talk about it. Your honour and your Justice for it do what
is right. I was unable to do any thing. Well he went off, and
I hear from all hands, white and red, that he put in the suppliment,
in this way, he ceeds these 16 Sections to the government at one
Dollar and twenty five cents the acre and binds the government
to pay Mr. Currin one dollar for every acre and the Chickasaws
one -- twenty five cents for every acre. I can't see the
reason of or the Justice of this way. Robert P. Currin
has paid us but five hundred dollars, the treaty of Franklin is
dead, this is all we can get. Why that gentle man should receive
ten thousand two hundred and forty dollars seems to my Nation
very strong indeed.
My Father -- I beg the President and the Senate to consider of
the losses, expenses and difficulties, My Nation must meet in
removing to the west, this question [k]nows from its nature
can't be counters, but to a whole Nation is appalling. The Chickasaw
feel a native born attachment for their Country and it seems to
me true, that nature presents nothing in the west, which can make
the Chickasaws more happy there -- than here, their Native and
beloved land. It is true that my Nation become willing to sell
their Country, to put down that bitter question of State Sovereignty,
to keep peace in the white family, to preserve the Union of the
United States whose friendship and protection we want, and our
selves, to get away from the troubles which our white brothers
fixed upon us. It is the result of our weakness and we surrender
our Country to cure the evils we never created. The whole question
considered, to us it seems right that the United States pay the
Chickasaws one hundred thousand dollars as asked for in thier
treaty. We hope the our father the President and Senate will think
with us and afford their powerful aid, this will help soften the
Chickasaw hearts. Convince them of the liberality and Justice
of the United States, and promote the brother hood of the white
and red men in the west.
My great and beloved father, the whole Chickasaw Nation, by my
heart and my mouth, in this last attempted bargain, for their
last foot of land within the United States, beg leave to speak
as they feel. My whole Nation is deeply distatisfied with Genl.
Coffees treaty, for remedy, we do not Cast our selves into
the arms your Enemys, but like true and faithful children, we
come first to you and bring our complaints to our fathers wisdom
and justice, we ask of him to except of our treaty of this date,
with which my whole Nation will be satisfied and strong friends
as they always have been.
My father, at the treaty at Pontetoc, we were shorn of our friends,
of our lands and of the government we always love'd, our country,
lov'd for ages, by one treaty of the other, is gone. Soon to blaze
with the white mans fires and my Nation again must kindle a feeble
light in the wilds where the ax nor the hoe has never been heard,
but my father will do us justice now and let us part in peace,
so that I may have truth in my mouth and may say to my people
in the west, altho it was necessary for the happiness of the United
States to have our old Country, yet General Jackson and
the Senate, has been honest, Just and liberal.
I want my father, to keep down the tomhawk in the Chickasaw hands
for ever. Will my father listen. My Chiefs and warriors heard
the Presidents talks which he made to us at Franklin in the house
of God. Remember my Father, the true and living fire, which caught
in your breast, flowed in your eyes, and imparted a heavenly flame
into all our bosoms, -- can my Nation now, in the midst of its
difficulties, look to this President and the Constitution which
rules him, for a protecting guardian. Can the injured in their
weakness, find in this man a never failing friend. A broad field
my father is presented, it is the cause of justice, humanity and
weakness. It is not the voice of restive man which ought to a
wake the sensibilities of the President and Senate, but the cry
of a Naked Nation contending with one man for their National rights,
will arise those authorities to defend the powerless, and show
to the world, that -- that spirit of liberity and equality, which
distinquishes the United States from all the Empires in the world,
is not as many might imagine, a jealously and defense of their
own particular rights, an unwillingness to be oppressed themselves
but a high respect for the rights of Others, -- an unwillingness,
that any man high or low should be wronged.
This is the living shasow of the great spirit. The inside dress
which the Almighty Cherishes, and gives to true greatness, all
its action and all its immortality, these in the American character
tells to the world that -- that liberity, which God gave and Washington
left, has no security any further than this uprightness and just
benevolence acts on and governs community.
| Truly your old and constant friend | |
| Levi [his X mark] Colbert Principal chief of the Chickasaws | |
| Ho to pa King of the Chickasaws X | Aj ian it ub bee his X mark |
| Tish she min go his X mark | In ki za his X mark |
| George Colbert his X mark | Mah to cush ub ba his X mark |
| Saml. Sealy his X mark | Es ta kin tub ba his X mark |
| Capt. Wm. McGilvery his X mark | Eye yum mo tub ba his X mark |
| Toh pul cah his X mark | Par sha muh stub ba his X mark |
| Pis tul lut ub ba his X mark | James Brown his X mark |
| Im oke leo sher ho oi ya his X mark | |
| Isaac Alberson his X mark | James Wolf his X mark |
| Ib bar ma hut ub bee his X mark | Took lub ba his X mark |
| Tam she cah his X mark | Il bar ma hub ba his X mark |
| Ah to co wah his X mark | Nin uck as ba his X mark |
| Co chub ba his X mark | E mub ba his X mark |
| Im mer ho tut ub ba his X mark | Cah nar wo kes his X mark |
| Pitman Colbert | I yar hun tub ba his X mark |
| Ish tim mo tut ca his X mark | Ib bar ma hut ub ba his X mark |
| Oke lar nar nub ba his X mark | Titch ar pla his X mark |
| Chick asaw nar nub ba his X mark | Il lar fa nub ba his X mark |
| Ful lar mo tub ba his X mark | O on tim ie est ub ba his X mark |
| Fo lo ta cher his X mark | Pis tor lub ba his X mark |
| Ber ha cut ub ba his X mark | To calth ho cha his X mark |
| Er thli ca his X mark | E lup ar ba his X mark |
| O on ter ha cut ub ba his X mark | Wo nie a pa his X mark |
| Kin hi cha his X mark | Shup paw wa his X mark |
| Oke lar shuck ub ba Jr his X mark | Im mer ho tut ub ba his X mark |
| Cun mush cash ker his X mark | Im mer ho bee his X mark |
| Ish ta ki o kit ub ba his X mark | |
| James Glover his X mark | |
| Oki lar e lub ba his X mark | |
| Thos. Sealy his X mark | |
| Ehi a ctul ub ba his X mark | |
| Er far mer his X mark | |
| Hush tah tah hub bee his X mark | |
| Cha ke war tub ba his X mark | |
| Chick cub ba his X mark |
|
Signed in the presence of the following persons
Dougherty Colbert Secty for the Chickasaws
John L Allen
John A Bynum
Wm. H. Allen of Miss
Jno. D Terrell of Alabama
Alexander Colbert
Chickasaw Exploring Party of 1831 & 31, ?? 1832:
[M-234 Roll #136]
| No of Days | Amount | ||||
| and pay | Paid | Amount | Whole | ||
| Name | Per day | them | Unpaid | Amount | |
| 1. Levi Colbert | 134 @ 2.00 | 128.80 | 147.20 | 268.00 | |
| 2. Ei-o-che-tubbe | 134 @ 2.00 | 179.30 | 88.70 | 268.00 | |
| 3. In-mah-hoo-la-tubbe | 134 @ 2.00 | 85.07 | 182.93 | 268.00 | |
| 4. Thomas Sely | 134 @ 2.00 | 197.66 | 70.34 | 268.00 | |
| 5. Ish-ta-hi-ya-ha-tubbe | 134 @ 2.00 | 76.24 | 191.76 | 268.00 | |
| 6. Ah-to-ko-mah | 134 @ 2.00 | 68.28 | 198.72 | 268.00 | |
| 7. Pitman Colbert | 134 @ 2.00 | 102.32 | 165.68 | 268.00 | |
| 8. Newberry | 134 @ 2.00 | 116.87 | 151.13 | 268.00 | |
| 9. James Brown | 134 @ 2.00 | 65.45 | 202.55 | 268.00 | |
| 10. Oh-hu-cubbe | 134 @ 2.00 | 73.61 | 194.39 | 268.00 | |
| 11. Ish-ket-ta-ka | 134 @ 2.00 | 75.70 | 192.30 | 268.00 | |
| 12. Oke-lab-ha-cubbe | 134 @ 2.00 | 91.37 | 176.63 | 268.00 | |
| 13. Elap-link-bab-tubbe | 134 @ 2.00 | 99.57 | 168.43 | 268.00 | |
| 14. Shu-ma-cha-be | 134 @ 2.00 | 73.70 | 194.30 | 268.00 | |
| 15. Kin-hoi-cha | 22 @ 2.00 | 47.81 | 44.00 | ||
| 16. Henry Love | 52 @ 2.00 | 2.50 | 101.50 | 104.00 | |
| 1950 @ 2.00 | 1,477.25 | 2,426.56 | 3,900.00 | ||
| deduct over payment to No. 15. | 3.81 | ||||
| 1,273.44 | |||||
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