Choctaw & Chickasaw Convention,
1837:
Articles of convention & agreement made on the seventh day
of January 1837, between the undersigned chiefs & commissioners
duly appointed & impowered by the Choctaw Tribe of red people
& John McLish, Pitman Colbert, James Brown and James
Perry Delegates of the Chickasaw Tribe of Indians, duly authorized
by the Chiefs & Headmen of said people for that purpose, subject
to the approval of the President & Senate of the United States.
Article 1st. It is agreed by the Choctaws that the Chickasaws
shall have the privilege of forming a District within the limits
of their Country, to be held on the same terms that the Choctaws
now hold it, except the right of disposing of it, which is held
in common with the Choctaws & Chickasaws, to be called the
Chickasaw District of the Choctaw Nation, to have an equal representation
in their general council & to be placed on an equal footing
in every other respect with any of the other Districts of said
Nation except a voice in the management of the consideration which
is given for their rights & privileges and the Chickasaw people
to be entitled to all the rights & privileges of Choctaws,
with the exception of participating in the Choctaw annuities &
the consideration to be paid for their rights & privileges
& to be subject to the same Laws to which the Choctaws are;
but the Chickasaws reserve to themselves the sole right &
privilege of controling and managing the residue of their funds,
as far as is consistant with the late Treaty between the said
people & the Government of the United States, & of making
such regulations & acting with officers for the purposes as
they may think proper.
Art 2nd. The Chickasaws District shall be bounded as follows,
viz, beginning on the North bank of the Red River at the mouth
of Island Bayou about eight or ten miles below the mouth of False
Wachitta, thence running North along the main channel of said
Bayou to its source, thence along the dividing ridge between the
Wachitta & Low Blue river to the road leading from Fort Gibson
to Fort Wachitta, thence along said road to the line dividing
Mushulatubbee & Push me ta haw Districts, thence Eastwardly
along said District line to the source of Brushy Creek, thence
down said creek to where it flows into the Canadian river, ten
or twelve miles above the mouth of the South Fork of the Canadian,
thence West along the main Canadian river to its source, if in
the limits of the United States, or to those limits, & thence
due South to Red River & down Red River to the beginning.
Art 3d. The Chickasaws agree to pay the Choctaws as a consideration
for these rights & privileges the sum of five hundred &
thirty thousand dollars, thirty thousand of which shall be paid
at the time & in the manner that the Choctaw annuity of 1837
is paid, & the remaining five hundred thousand dollars to
be invested in some safe & secure stocks under the direction
of the Government of the United States, redeemable within a period
of not less than twenty years; & the Government of the United
States shall cause the interest arising therefrom to be paid annually
to the Choctaws in the following manner, twenty thousand dollars
of which to be paid as the present Choctaw annuity is paid, for
four years, & the residue to be subject to the control of
the general council of the Choctaws, and after the expiration
of the four years, the whole of said interest to be subject to
the entire control of the said council.
Art 4th. To provide for the future adjustment of all complaints
or dissatisfation which may arise to interrupt the peace &
harmony, which have so long & so happily existed between the
Choctaws & Chickasaws, it is hereby agreed by the parties,
that all questions relative to the construction of this agreement
should be referred to the Choctaw Agent, to be by him decided;
reserving however, to either party, should it feel itself aggrieved
thereby, the right of appealing to the President of the United
States, whose decision shall be final & binding. But as considerable
time might elapse before the decision of the President could be
had, in the mean time, the decision of the said Agent shall be
binding.
Art 5th. It is hereby declared to be the intention of the parties
hereto, that equal rights & privileges shall assertain to
both Choctaws & Chickasaws, to settle in whatever District
they may think proper, & to be eligible to all of the different
offices of the Choctaw Nation, and to vote on the same terms in
whatever District they may settle, except that the Choctaws are
not to vote, in any wise, for officers in relation to the residue
of the Chickasaw fund.
In testimony whereof, the parties hereto have hereunto subscribed
their names & affixed their seals at Doaksville, near Fort
Towson, in the Choctaw Country on the day & year first above
written.
Thomas Lafloor his X mark
Chief of Olklafalaya District
Nittushachee his X mark
Chief of Pushmatahaw District
Joseph Kincaid his X mark
Chief of Mush shu la tubbee District
P.P. Pitchland }
George W. Harkins }
Isreal Folsom }
R.M. Jones }
Silas D. Fisher } Commissioners of
Samuel Worcester } the
John McKinney } Choctaw
Eyach a ho pia } Nation
Nathaniel Folsom }
Lewis Brashears }
James Fletcher }
George Pushy }
Captains
Okelia
Thomas Hays
Piftambee
Holahtahomer
Eyotah
Isaac Perry
No wah hom bee
Chickasaw Commissioners
Pitman Colbert
John McClish
James Brown his X mark
James Perry his X mark
In the presence of
Wm. Armstrong
Act. Supt. Westrn Ter
Henry R. Carter
Conductor of the Chick.w Del.n
Josiah L. Doak
Vincent B. Tims
Daniel McCurtain
U.S. Interpreter
R. J. Humphreys
J. T. Sprauge
Lut U.S.A. Corps
Chickasaw Chiefs & Head Men to The
President of the U. S., 17 FEB 1837:
The Chiefs and Head men, of the Chickasaw Tribe of Red people,
in their general council, have received the report of the delegation,
which they sent West of the Mississippi River, and gladly say
to their great father the President, that they are pleased with
the prospect of obtaining among their old friends and allies the
Choctaws a new, and as they hope, a permanent home for their people,
now almost destitute and houseless. They sincerely hope, that
their Great Father, will lend them his aid, to procure their speedy
removal to their new home, and thereby prevent the many evils
which they now suffer.
The Chiefs and Headmen are pleased, that they are able to inform
their great father the President, that so soon as the necessary
arrangements can be made, and they hope that such arrangements
may be made by the First of May next, a considerable portion of
their people, will be ready to emigrate to the Country, which
has been procured for them among the Choctaws.
Their delegation who have just returned from the Choctaw Country,
have appraised them, that in consequence of the great scarcity
of provisions, produced by the emigration of the Creeks, and other
causes, of the badness of the roads, in the country through which
they would have to pass, great privation and suffering and heavy
expense would most probably attend the removal of their people,
by land, and in the mode ususally adopted by contract. And they
much fear, that the wants of their people would be unattended
to, and their comfort neglected by Contractors; whose object it
must generally be to make their contract profitable, and under
circumstances of scarcity and high prices. They might be induced
to stint the allowance and comforts of those under their charge.
The Chiefs and Head men, therefore, respectfully suggest to their
Great Father, that one or more discreet persons be appointed,
to superintend the removal of such of their tribe, as shall be
in readiness to start, in the ensuing spring: that it be the duty
of such Superintendent, under instructions from their Great Father,
to take all the steps necessary to ascertain as near as may be
the number of their people mow ready to remove, and to provide
means for their transportation and subsistence: That the Salary
of the Superintendent, to be fixed, and all other necessary expenses,
be defrayed out of the Fund of their Nation, and that suitable
precautions be taken to secure the faithful application of such
money as may be paid to the Superintendent.
The Chiefs and Headmen, further suggest to their Great Father
that for the purpose of carrying their people to their new home
in the best manner, instructions should be given to the Superintendent,
to charter Steamboats, and purchase provisions in Kentucky or
Tennessee, and that the Steamboats laden with the provisions,
should receive on board at some point on the Mississippi River,
and also, perhaps on the Tennessee River, such of their people
as shall be ready, and land them at the mouth of the Canadian
River in the Country of the Choctaws: And it will also be necessary,
that some mode be provided of carrying them by land from the Mouth
of the Canadian to that portion of the Choctaw Country, provided
for the Chickasaws.
The Chiefs and Headmen inform their Great Father, that the fear
of removing their people above suggested, was recommended to their
delegation by Captain William Armstrong, the acting Superintendent
of the Western Territory, to whom they refer their Great Father,
for further information if desired.
The Chiefs and Head men, who for and on part of their Nation have
sent this their memorial, to their Great Father, having been requested
by the general Council of their Nation lately held, to recommend
to their great father the President some suitable persons to act
as Superintendent for the removal of their people, do respectfully
recommend Henry R. Carter and Capt. Chase of Little
Rock. The appointment of either or both of whom would be satisfactory
to them and to their people. Pontotoc Feb. 17th. 1837
Ish-te-ho-ta-pa his X mark
Tisho mingo his X mark
William McGilvery his X mark
Pis-ta-la-tubby his X mark
Ish-ti-ma-lut-ka his X mark
Isaac Albertson his X mark
Im-ma-ho-la-tubby his X mark
One-ni-e-lhe his X mark
John Glover his X mark
Koa-chub-by his X mark
Im-ma-ho-la-tubby his X mark
Interpreted to and signed
by the Chiefs whose names are
opposite, in our presence
and also signed by us
the date above written
J. McLish
Pitman Colbert
Benjamin Reynolds to C.A. Harris, 24
MAR 1837:
Chickasaw Agency
March 24th 1837
Sir
Enclosed are two communications from the Chiefs; One asking that
a payment not exceeding twenty percent on the amount due to each
incompetent Indian be made, and I believe the amount asked for
would give general satisfaction until they remove to which event,
they seem to be preparing, Indeed are anxiously looking forward
to the period that they will set out for their new homes.
The arrangement made with the Choctaws seems to given (__?__)
satisfaction and I apprehend but little difficulty in Getting
them off this summer or fall. I am personally acquainted with
most of the orphans to whom payment is requested and am satisfied
of their prudence and disposition to take care of their affairs.
Very Respectfully Sir
Your Obt. Servt.
Benj Reynolds C.A.
C.A. Harris Esqr
Com Ind Aff.
Chickasaw Chiefs & Benjamin Reynolds to ?, 3 MAR 1837:
[First of two communications referred to in preceding letter,
Reynolds to Harris, 24 MAR 1837]
Pontotoc, March 3 1837
We the undersigned Chiefs and Agent of the Chickasaw Nation by
virtue of the 8th Article of the Treaty of 1834 hereby recommend
the payment of the following Sums to the following orphands who
are of age, believing it to be our duty and that they need it.
To:
| Abijah Colbert | No 165 | $801.40 | 18 years old | Married |
| Tah him mit ti cha | 183 | 801.30 | 18 " " | |
| Call an a tubby | 193 | 799.60 | 20 " " | |
| Kul rah | 50 | 806.55 | 18 " " | |
| Che rah ta | 103 | 1600.00 | 18 " " | married |
| Malcy | 164 | 1602.80 | 19 " " | |
| Cyrus Harris | 134 | 1604.20 | 19 " " | married |
| She hab tah ka | 146 | 1605.00 | 20 " " | married |
| Chah le nah | 5 | 1437.12 | 19 " " | |
| Tuck ah thlo ka | 26 | 1647.99 | 18 " " | |
| I a ha ra | 41 | 855.30 | 18 " " |
Their ages are Computed from 24 May 1834.
Ish te ho ta pa his X mark
Henry Love
Benjamin Love
James Colbert
George Colbert his X mark
Benj Reynolds
Chickasaw Agent
Chickasaw Chiefs and Benjamin Reynolds to ?, 3 MAR 1837:
[The second of two communications referred to in the letter
from Reynolds to Harris, 24 MAR 1837]
Pontotoc March 3 1837
Pursuant to the Eighth Article of the Instructions from the War
Department of date Feby 5th 183(6?) We the undersigned Chiefs
of the Chickasaw Nation in Council do hereby recommend that a
Sum not exceeding Twenty per cent be paid to each in compitent
Indian on the amount due him Subject to the Control of the Agent
and Chiefs of the Chickasaw Nation.
We deem it advisable to recommend a Smaller payment to each for Support.
Ish te ho to pa his X mark
Henry Love
Benjamin Love
James Colbert
George Colbert his X mark
Benj Reynolds
Chickasaw Agent
C. K. Gardner to C. A. Harris, 25 MAR
1837:
Auditors Office
Post Office Dept.
Mar. 25th 1837
Sir,
John L. Allen formerly Postmaster at Paris [Tn?], and subsequently
Sub Agent for the Chickasaw Indians, being indebted to the United
States on his post office account in the sum of $69.69 and having
heretofore given a Draft on the War Department for what ever amount
he might be in arrears on his Post Office account: you are respectfully
requested to inform me whether there is any sum due to him on
account of his said agency. You are also requested, if in your
power, to furnish me with the address of the said Sub Agent and
likewise that of Col. Benjamin Reynolds Agent for the Chickasaw
Indians.
I am Sir, Respectfully
Your Obt, Sr,
C K Gardner
Auditor
C.A. Harris Esq.
Commissioner of Indian Affairs
War Department
George Oxberry, et ux, to Commissioner
of General Land Office, 9 MAY 1837:
(Copy)
To the Honorable Commissioner of the General Land Office,
The undersigned George Oxberry and Amey Perry, his
wife, respectfully represent that under the Treaty between the
United States and the Chickasaw Tribe of Indians, made at Washington
and ratified on the first day of July 1834, one Moses Perry
was entitled to a reservation of lands, that he was located on
Sections numbered 17, 20 & 29 of Township 11 and Range 4 West
of the Chickasaw Meridian; and that this location has been duly
confirmed, being No. 757, on the roll returned to the Agents Office
at Pontotoc.
The undersigned further represent, that after the said Treaty
and before the time appointed, under the instructions from the
War Department, for the sale of Indian Reservations, the said
Moses Perry died, leaving his wife Emich-ah-ho-yea,
and his only child and daughter the said Amey Perry, surviving;
that the said Amey Perry was at the time of the ratification
of the Treaty of Washington, unmarried, under the age of 21 years,
and a member of the family of the said Moses Perry; and
that the said Amey Perry has not received in her own name
or right any reservation of land under the said Treaty.
The undersigned further represent, that on the 18th day of May
1836, as appears from the Books in the Office of the Agent at
Pontotoc, Emich-ah-ho-yea, the Widow of Moses Perry,
conveyed in her own name the Sections above mentioned as follows:
Section 17 to J. M. Morrison for the consideration of $1500;
Section 20 to Charles Cock for $2300; and Section 29 to
B. L. Ricks for $2000; that it also appears from the said
Books, that the said sums of money were respectively paid to the
said Emich-ah-ho-yea; that he competency to sell, and the
fairness of the consideration received were certified by the Agent
and Delegation. And the undersigned have full reason to believe
that the said deeds of conveyance have been approved by the Examining
Agent William Carroll.
The undersigned further represent, that the said Amey Perry
was at the time of the sale before mentioned, upwards of 21 years
of age, and not a member of the family of Emich-ah-ho-yea;
that such sales were made, without the knowledge or consent of
either of the undersigned, that they have received no part of
the consideration of said sales, and have, in no way whatever
ratified or confirmed the said deeds of conveyance.
The undersigned have been advised that by the latter clauses of
the 6th Article of the Treaty of Washington, before referred to,
it is provided that in all cases of reserves, "where the
party owning, or entitled shall die, the interest in the same
shall belong to his wife, or the wife and children, or to the
Husband, or to the Husband and children, if there be any, and
in cases of death where there is neither husband, wife, nor children
left, the same shall be disposed of for the general benefit and
the proceeds, go into the general Chickasaw fund," that it
was the intention of the Treaty to vest the land of a reservee
who died in the children surviving equally with the wife; That
there could be no sense or object in saying that the reserve shall
go to the wife or the wife and children; in repeating
the word 'Wife' if it be not the meaning of the Treaty
that where the wife alone survives she takes the reserve, but
if there be children, they take with her jointly and equally;
That therefore the said Amey Perry was entitled equally
with the said Emich-ah-ho-yea to the said Sections of land
above mentioned.
The undersigned have been informed, that the universal practice
of the Agents and Commissioners has been in such cases to permit
the Widow alone to convey, though there are children surviving,
but they have also been informed that this practice is not founded
on any instructions from the War Department; and the Undersigned
cannot believe that the Government of the United States, will
sanction such a construction of the Treaty, or that Deeds to lands
however formerly certified and approved can convey any better
title, than those making such deeds themselves had. But if as
the Undersigned have been informed will probably be the case,
Patents shall issue from the Government of the United States to
the purchasers of Indian reservations, and as the said Amey
Perry might thereby be embarrassed in asserting her right
to a portion of her Fathers lands, they respectfully request that
this Representation may be filed in the proper Office as a protest
or objection, on the part of the said Amey Perry, to the
issuing of patents in favor of the purchashers of the Sections
of land before mentioned.
And the undersigned further request that the Honorable Commissioner
of the Land Office may enquire into the proper instruction of
the Treaty in such cases; and if he shall believe that it is still
in the power of that Office to relieve the said Amey Perry
either by resending the conveyances already made or allowing the
said Amey Perry now to convey her part of the land, notwithstanding
the conveyances of Emich-ah-ho-yea, then, that the necessary
instructions may be given to the officers at Pontotoc for that
purpose.
And the Undersigned in conclusion beg that whatever may be the
determination of the Commissioner, the same may be made known
to them by a communication addressed to Coffeeville, Mississippi.
(signed) George W. Oxberry
(signed) Amey [her X mark] Oxberry
The State of Mississippi }
Yallabusha County } Personally appeared before
me Robert Edrington Probate Judge for said County, George
W. Oxberry, and Amey, his wife, and the written instrument
being explained to them, they signed the same in my presence.
Given under my hand & seal this
9th day of May A. D. 1837
(signed) Robert Edrington
Probate Judge
John Chisholm, et al, to ?, 27 MAY 1837:
I do hereby Certify that on the 25th day of February 1837, the
undersigned examined Section No 32 Township three Range four West
of the Basis Meridian Located for Anahmubby Chickasaw Indian,
and find the large Portion of Said Section to be Very Broken and
unproductive, there is fifty acres on the Same that can be Cultivated
of [__?__] flat land given under my hand at Pontotoc this 27th
day of May 1837
John Chisholm
We the undersigned Agent and Chiefs of the Chickasaw nation having
Received Conclusive evidence that Section No Thirty Two in Township
three in Range four West of the Basis Meridian is unfit for Cultivation
and of a Value much Inferior to that Contemplated by the Treaty
and have come to this Conclusion, by information Received from
Various Sources and from the foregoing Certificate that the above
section is Wholy unfit. We therefore Recommend the approval of
the location upon Section No Twenty one in Township four in Range
Eleven West of the Basis Meridian in lieu thereof May 27, 1837.
Ish te ho to pa his X mark
Isaac Albertson his X mark
Benjamin Love
James Colbert
Benj. Reynolds C.A.
D. Vanderslice to Col. R. M. Johnson,
1 JUN 1837:
Pontotoc Miss Jun 1st 1837
Dear Col.
I have just returned from the counsel in Sealy's district
to which I alluded in my last. We have succeeded better in our
district than in any of the four, into which the nation is divided.
We shall enroll about 300.
Maj Upshaw was rather unfortunate in his, but few as yet
are willing to be enrolled, he however selected that district
(McGilverry's) because he knew it to be the most difficult
to manage, it being under the influence of designing men who are,
and had been doing all they could to produce a failure on the
part of the present excellent superintendent and his assistants.
I am pretty well satisfied that the appointment of Maj A. M.
Upshaw has thwarted a deep laid intrigue to relieve many of
the Indians of their money by unfair means. The Petition that
was sent to the President of the U. S. signed by some of the chiefs
and leading men, was but a prelude to the play that was to have
been acted had they succeeded in getting those appointed whom
they recommended. They told the President that they were ready
to move and urged immediate measures for that purpose, but their
designs were sinister, and intended to use those chiefs as their
tools who signed the petition in good faith. These I am happy
in being able to say begin to understand the Matter. I have reason
to believe we shall be able to defeat them & turn the tables
against them.
A.M. Carter was to have been the superintendent, J.
McLish & Wm McGilverry (half-breeds) together with
some white favorites Married into their families expected to be
associated with him & have the whole control of the business
of removal in their own hands & by means of the additional
influence that would give them, they would have a more complete
control over the wealth of the Nation.
It was intended that their favorites should have the best lands
west of the Arkansas & by being thus established before the
body of the nation could get there, they would be better prepared
to work the money out of the Incompetent Indians on their arrival.
The money due the Incompetent Indians is retained until they get
to their new homes. It would indeed surprise you if you knew but
half the pretenses under which the poor creatures are cheated
by some who should be their protectors.
I do not know how far Mr. Carter would have lent himself,
if at all, to favor the foul play that was intended. I hope he
would not, but the real actors, some of whom act behind the curtain,
I have no doubt expected to reap a plentiful harvest out of the
ignorance, superstition or prejudices of many of this people.
Speculation has ruined every thing as to prices & perhaps
has had no counteracting influence upon morality for all seem
to be grasping with both hands after wealth. It is therefore with
great difficulty that Interpreters can be had they ask 200$ per
month and pay their expenses. Maj Upshaw has employed an
excellent one in the person of John L Measlex who cannot
be influenced by there intrigues, he is an honest man & deserves
to be rewarded.
It has been common to hear some of those persons predicting our
inability to get the Indians off saying that they can do it when
at the same time we know that they are opperating against us &
the interest of their People.
Disappointed in their first afray they have, I have been recently
informed, recommended Maj. G Long the son-in-law to McLish,
as a proper person to be the Chickasaw agent west of the Arkansas.
Maj Long is a violent opposition man, and is of the party
that secretly opposes us in removal. He no doubt fears, and I
hope with some reason, that Maj Upshaw will receive that
appointment. They seem to build their hopes of success upon our
failure, it is the object of their labour. Fortunately we have
become aquainted with these facts, we shall redouble our energies,
we will add to their disappointment by carrying west this summer
at least 500 Indians. They may as they have along call to their
aid those rascally grocery keepers who are still grinding these
people and who will not cease harrassing them and selling them
whisky as long as they have a cent of Money, a horse, gun or blankett
to pay for it.
But we must succeed Maj Upshaw & those engaged with
him have succeeded in gaining the confidence of the Indians and
of all the respectable whites we have become acquainted with.
I have been thus particular on this subject and have given you
names, on that if your influence is asked for any of these mentioned,
you may know how to act.
I could refer you to Maj. J. P. Moore, Col Reynolds, Gen. Davis
& Many others who are acquainted with the facts stated.
With Great Respect
I am your Friend &c
D. Vanderslice
Asst agt Ck. R-l
G. W. Long to ?, 8 JUL 1837;
Tuscumbia Al.
July 8. 1837
Sir
On yesterday I received from the Post Office the Enclosed letter;
The envelope bearing your frank, but no signature to the Document
itself. This omission I have no doubt has been caused by forgetfullness
though the hurry of mailing this &c, from experience
knowing the multiplicity of business that continually awaits you.
Will you be kind enough to renew it & forward back as soon
as possible. The enlistment of the Chickasaws is proceeding very
slowly. My opinion is that but few of them will remove next fall.
Their continued exposure and disposition to partake of the vices
of the whites, will, I fear prevent a Speedy removal.
Last week Im-mubby -- One of the most influential Chiefs
amongst the Chickasaws was most wantonly & Cruely murdered
by a white man, who has since made his escape.
Very Respectfully Sir
Your Obt. Ser.
G. W. Long
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