Albion K. Parris to Wm. Wilkins, 1 JAN
1845:
(Copy)
Treasury Department
2nd Comptroller's Office
January 1st 1845
Sir,
In compliance with the regulations of the Executive for carrying
into effect the provisions of the Treaties of 20th October 1832
and of 24th May 1834; with the Chickasaw Indians, I have the honor
to submit the following semi-annual report of receipts and expenditures
connected with the trust arising under those treaties.
On the first of July last the balances in favor of the Chickasaws
was as then reported $37,207.47.Within the last six months there
has been paid into the Treasury for their use as interest on various
stocks belonging to said Indians, by proceeds of sales of their
lands and by a refundment, the further sum of &70,002.92.
Viz -
| Int. on US loan of 1841 on acct. of orphans | 15.. |
| Refundment by a claimnet on acct. of over payment | 147.. |
| Proceeds of sales of their lands | 54,225.92 |
| Interest on bonds of State of Tennessee | 1,750.. |
| Interest on Ohio Stock | 3,000.. |
| Interest on Indiana bonds | 3,050.. |
| Interest on Alabama bonds | 7,875.. |
The drafts on the fund through settlements and requisitions on
the Treasury for their use amounted, during the last six months,
to the sum of $74,oo2.80 and were as follows ----
| July 1st 1844 | Wm Armstrong, Chickasaw Agent, for
payment on distribution to Chickasaws | $30,000 |
| " 3d " | J. B. Jones, advertising Land Sales in
Madisonian fr.27th January to 25th Apr. 1844 | 249.50 |
| July 10th 1844 | Wm Fischer, Stationery furnished Genl. Land Office & 2nd Auditor's Office for Chickasaw use | 23.67 |
| July 12th 1844 | J. and G. Y. Gideon - letter books-- same | 71.. |
| " 17 " | Billy Wellington and Chi che cha,
Chickasaw Emigrants for emigrating expenses | 390.. |
| " " | Jas. B. Marshall advertising land sales
in Weekly Standard Kentucky | 84.. |
| " 29 " | Samuel Humes Porter disbursing agent, an advance | 450.. |
| Aug. 8 " | Susan Walls, Chickasaw Emigrant, for emigrating
expenses for self and family | 1140.. |
| " 17 " | J. McGinnes, services as Chickasaw Clerk in office
of Secy of the Treasur. | 371.20 |
| " 20 " | Benjamin Love, Chickasaw Emigrant for emigrating
expenses self and family | 1872.66 |
| " 23 " | Saml. Humes Porter disb. agent -- an advance | 450.. |
| " 28 " | Wm Armstrong Ch. Agt. an advance for payment
and distribution to Chickasaws | 30,000.. |
| Sep 20" | A. W. Jones, Jno. Bird & Jas. H. Neal, Chickasaw
Emigrants for emigrating expenses | 839.18 |
| " 26 " | Saml Humes Porter dist. Agent an advance | 450.. |
| Oct 15 " | Ishtefelachee, John Cravat, Nieshehoyo, Adam
Perry, Tochapachee, Cooper and Capt. Niehatah, for emigrating expenses | 990.. |
| " 25 " | Saml. Humes Porter dist. Agent an advance | 450.. |
| " 30 " | Hogan and Heis -- advertising land sales in
the "Nashville Union" in 1844 | 161.. |
| " 3 " | Wm Armstrong Ch. Agent an advance | 2485.93 |
| Nov 8 " | Danl Harris and Dickson Frazier, Chickasaw
Emigrants for emigrating expenses | 570.. |
| " " " | Henry Love, Chickasaw Emigrant for
emigrating expenses | 1506.66 |
| Nov 16 " | Im ma ho la tubby fo hauling Chickasaw
Indian baggage between 26th October 1837 and 6th Feb. 1838 on their emigration | 412.. |
| Dec. 2nd " | Saml. Humes Porter Dist. Agent, an advance | 450.. |
| " 31 " | Same same | 450.. |
Thus leaving at the present dates, the following sums to the credit
of the Chickasaw Indians under the respective trusts growing out
of the Treaties of 1832 & 1834.
| Viz. National Fund | $30,907.21 |
| Incompetents | 1,562.70 |
| Orphans | 797.68 |
In all $33,267.59 now on the books of the Treasury.
It may be proper to remark that these balances will be largely
increased when all the dividends now due on the State Stocks owned
by the Chickasaws shall have been realized:
Very respectfully,
Sir.
Your Obt Srvt.
Signed
Albion K. Parris
Controller
Hon. Wm Wilkins
Secy. of War
Joseph Bryan to T. Hartley Crawford,
18 FEB 1845:
Washington City
Feb 18th 1845
T. Hartley Crawford Esqr.
Comr Ind Affaris
Washington
Sir
I have the honor to transmit here with two orders or drafts on
the Secretary of War in favour of Col. Danl. Saffarrans
or his Atty in fact, executed by self emigrating Chickasaws. The
first signed by John P. Roark, Roberson James & Davis James,
the other by John H. Rice, Wm. Simpson. Their orders being
properly avouched by Col. A. M. M. Upshaw the Chickasaw
Agent, I respectfully ask that they be refered to the proper accounting
officer of the Treasury for payment.
With great respect
Your most obt servt
Joseph Bryan
Wm. Armstrong to T. H. Crawford, 10
JUN 1845:
Choctaw Agency
June 10, 1845
Sir,
During my recent visit to Red River, I discovered that the Chickasaws
were becoming greatly excited and divided in relation to the payment
of their annuities and other matters likely to affect their general
property. The whole affair arises from two contending parties
in the nation, each striving for power. As the questions which
divide them are new, and the feelings may be said to be also new,
it would be better and easier to adjust the difficulties before
they proceed further. Although you are doubtless familier with
it already, I will briefly explain the subject in controversy
as I understand it.
Heretofore the Chickasaws have been governed in the old Indian
manner by a Chief and head men. The late treaty disposing of their
lands gives certain powers in relation to lands to the Chickasaw
Commissioners, but says nothing about the management of their
funds. At present a majority of the Commissioners contend that
they are the proper authorities of the tribe, and insist that
the annuity be paid in the Chickasaw District. On the other hand,
the King, Ish-ta-ho-to-pa, who resides near Fort Towson,
seventy or eighty miles from the District, claims to be the head
of the nation, and unites with Pitman Colbert, and others
residing in his neighbourhood in urging that the annuity be paid
at any point they may select out of the District, to them, and
not to heads of families.
I made the treaty between the Choctaws & Chickasaws, and remember
well the difficulty attending it. In the treaty it was expressly
agreed that each tribe was to manage its own monied affairs. The
object in securing a particular tract for the Chickasaws was that
they should in their own district control their own funds. This,
it was said at the time, could not be done in a Choctaw district,
as the Choctaw Chief might object to the calling of a council
unless it was done by himself. To remedy this, a separate district
was set apart, and provision was made for such Chickasaws as might
choose to settle out of it. It was distinctly understood that
their monied affairs were to be managed and payments were to be
made in their own district.
Under the present arangement, every four years the Chickasaws
elect a chief, and have besides some fifteen or twenty Captains
who are regarded as advisors of the chief. It is with the chief
that the agent must act in all national matters except those concerning
lands, which are still under the control of the Commissioners.
It appears to me the agent should rather look to the Chief and
Captains in paying annuities as the authorities of the tribe,
than to the Commissioners. The Chief is elected every four years
and represents, of course, the majority, who have it in their
power to correct an evil if one exist.
I am aware that a proposition, concocked by certain white men,
to pay the annuities to the King as the head of the nation, has
been submitted to the Department. This would not be just, and
would not give satisfaction. Last year the Commissioners were
considered as the proper authorities, and considerable dissatifaction
was felt. Many would doubtless object to a payment to heads of
families, regarding the Chief as the representative of the nation,
but this course would unquestionably be prefered by the majority
and is better for the agent, as a small part of the annuity, consisting
generally of indivisable fractions, usually paid over for national
purposes, for which the chief would seem to be the proper person
to receipt.
I intended to be present at the annuity payment last year, as
it was the first that had been made to the Chickasaws since emigration,
but was prevented by a severe attack of illness. The payment was
made, I do not doubt faithfully, to heads of families, still great
discontent was felt. The enrolment was made by two clerks employed
by the Chickasaws, and several persons neglecting to give their
names were omitted. Those did not hisitate to say that Col.
Upshaw and the Commissioners had taken their money. The whole
annuity was fully absorbed by the pro rata shares of those really
registered, and by the payments for national purposes referred
to. The payment lasted two or three weeks, altho it might have
been made in four or five days, which is all the time required
to pay three times as many Choctaws. Yet a great many complained
that it did not last long enough. There was also a good deal of
dispute about the place where the payment should be made. In regard
to this, I directed Col. Upshaw to select some suitable
point in the District, which he did.
I have been this minute, as the questions arising are assuming
an importance requiring immediate action to check further bad
consequences. If the Department will decide which of the parties
shall be recognized as the proper representatives of the Tribe,
there will be no further difficulty.
Very respectfully Yr Obt Sevt
Wm Armstrong
Act Supt &c
T.H. Crawford Esqr
Com. Ind. Affs
Albion K. Parris to Wm L. Marcy, 1 JUL
1845:
Treasury Department
2nd Comptrollers Office
July 1, 1845
Sir:
In compliance with the Executive Regulations established for carrying
into effect the provisions of the Treaties of the 20th October
1832 & of 24th May 1834 with the Chickasaws, I have the honor
to submit the following Semi annual report of the recipts &
expeditures connected with the trust arising under those Treaties.
On the 1st of January last the balance in favor of the Chickasaws
was reported as $33,267.59.Since that time & down to the present
date, there has been paid into the Treasury for the use of the
Chickasaw Nation the further sum of $105,703.20. Viz-
| Jany 13. | Interest for six months due 1 January 1845 on $433.68 U S 6 prct Loan of 1842, invested for Orphans | $13.01 |
| January 14: | Interest on bonds of State of Tennessee, deposited
in Union Bank of Nashville | $6,250.. |
| January 18: | Interest due by the Agricultural Bank of Mis. on moneys originally recieved for lands sold for benefit of the Chickasaw | $7,972.24 |
| Feby 5: | Interest due from August 1st 1842 to 1st Aug 1843 on Stock of the State of Pennsylvania, retained by The Secy of the Treasy from distributive Share of public land sales per Act of Sept 1841 for "Orphans" | $100.. |
| Feby 17: | Interest on bonds of State of Tennessee deposited in Union Bank, Nashville | 1,750.. |
| March 14: | Interest on Pennsylviania Loan, deposited in Philadelphia Bank, 12th March 1845, by the State, being on a/c of "Orphans" | 50.. |
| March 25: | Refundment by A. M. M. Upshaw, Chickasaw Agent, being the amount turned over to him by Capt. R. D. Collins in 1838 for the benefit of certain families, the heirs of which not having been discovered. The sum is refunded. | $29.69 |
| March 26: | Proceeds of lands sold for benefit of Chickasaws deposited by receiver of public moneys at Pontotoc in Union Bank, Nashville, on 22 Oct. 1844 | $14,431.66 |
| April 26: | Amount appropriated by Congress to make good the Interest on State Stocks not paid by the States per Act of March 1845, agreably to the estimate of the Secy of Tr: Submitted to Congress | $37,706.60 |
| June 5: | Interest on 315 Alabama bonds due 5 May 1845 & deposited in Bank of America, N. Y. --- $7,875.. | |
| Interest on $100,000 Ohio Stock due the 1st of January 1845 --- 3,000.. |
| |
| Interest on 61 Indiana Bonds, known as "State Bank Loan" -- due 1st Jany 1845 --- 1,525.. | $12,400.00 | |
| June 5: | Interest on $500,000 Alabama bonds due first Monday in Dec. 1844 & in June 1845, deposited in Bank of Louisiana, New Orleans on 26th May 1845 | 25,000.00 |
The drafts on the funds, through settlements and requisitions
on the Treasury amounted during the last six months to the sum
of $83,151.92 and were as follows.
| January 8: | Daniel Saffarans being balance of his claims against the "Incompetents." | $401.64 |
| January 10: | William Armstrong, Actg. Supt &c being an advance for disbursements | $9,013.28 |
| January 21: | William M. G[uirm?], per order of Chiefs &c due The Chickasaw Nation on settlement for interest received from the Agricultural Bank of Miss. on money arising from sales of lands | $7,972.24 |
| January 28: | Saml Humes Porter, Disbg. Agent, being an advance for disbursements | 427.51 |
| Feby 17: | James McCoy, C. Perry, E. Nelson, M. Love, & G. W. Colbert, Chickasaws for emigrating themselves and families | 1692.50 |
| Feby 28: | Samuel Humes Porter Disbg. Agent, being an advance for disbursements | 450.00 |
| March 5: | J. P. Roark, J. H. Rice, W. Simpson, R. James & D. James, Chickasaws for emigrating themselves and families | $838.25 |
| March 8: | I. M. Church for advertising Chickasaw land sales in the "Providence Daily Gazette" | 62.50 |
| March 17: | Lotty James, Chickasaw, for emigrating self & family | 480.00 |
| March 24: | Saml Humes Porter, Disbg. Agent, being an advance for disbursements | 450.00 |
| April 25: | Wm Armstrong, Actg Superintendant &c being an advance for distribution | 60,000.00 |
| April 28: | Saml Humes Porter, Disbg. Agent, being an advance for disbursements | 450.00 |
| May 15: | J. & G. S. Gideon for binding record books of Chickasaw
land sales in Genl Land Office | 19.00 |
| June 20: | Saml Humes Porter, Disbg. Agent, being an advance for disbursements | 450.00 |
| " 25: | Saml Humes Porter, Disbg. Agent, being an advance for disbursements | 450.00 |
Thus leaving at the present date the following sums to the credit
of the Chickasaw Indians, under the respective trusts growing
out of the treaties with that tribe of 1832 & 1834. Viz--
| National Funds | $53,697.12 |
| Incompetents | 1,161.16 |
| Orphans | 960.69 |
In all $55,818.87 now on the books of the Treasury.
Very Respectfully
Sir,
Your Obediant Servt.
(Signed) Albion K. Parris
Comptroller
Hon Wm L. Marcy
Secy of War
Wm. Armstrong to T. H. Crawford, 27
JUL 1845:
Choctaw Agency
July 27, 1845
Sir,
Enclosed is a letter from Col. Upshaw stating the fact
that those persons who have hither to acted as Commissioners under
the Chickasaw Treaty have resigned their offices. Also a letter
from the late Commisioners and other leading Chickasaws friendly
to them, complaining that an attempt has been made to elect others
to succeed them in office, altho they resigned with the distinct
understanding that the services of Commissioners were no longer
required, and that none were to be appointed or chosen. With this
latter letter is the statement of some officers at Fort Washita,
showing in what manner those opposed to the Commissioners effected
this result.
I have long been looking for something of this kind, and I take
this occasion to renew my former suggestion -- that the Department
direct the agent to recognize in all official transactions no
other than the regularly constituted authorities -- the Chief
and the Captains, who are elected for stated periods, and can
be changed at pleasure. Whatever business they may be incompetent
to transact, can at all times be referred to the Chickasaw people
by calling them together in their own District.
I would by all means reccommend the Department to discountenanse
the attempt made by Maj Colbert & his party to appoint
new Commissioners. Their services are not required, and the object
is evidently to get the control of the National funds.
Meanwhile, in advance of instructions, it is my intention to pay
the Chickasaw Annuity myself to the Chickasaw people enrolled
in companies under Captains chosen by themselves, and looking
to the Chief as the proper representative of their tribe.
Very respectfully
Your most Obt Servant
Wm Armstrong
Act Supt &c
T.H. Crawford Esqr.
Comm. Ind. Affs.
I have no doubt that Maj. Colbert & his friends will make an effort to have the annuities paid over in bulk to the King -- which induces me make the payments myself.
A. M. M. Upshaw to Wm. Armstrong, 20 JUL 1845:
[One of the enclosed letters referred to above]
Chickasaw Agency
July 20th 1845
Sir
The Chickasaw Commissioners, Col. Isaac Albertson, Benjamin
Love, Ish-te-ho-ta-pa, Slone Love, James Wolf, Joseph Colbert,
and James Gamble all resigned their Commissions as
Commissioners to me as the United States Agent for the Chickasaws
on Friday the 18th day of July, with the understanding that there
were to be no more Commissioners appointed and I did in Council
accept, of their resignations, and told them that I would forward
them on to the Honl Sectary of War, through you and Mr. Crawford
the Comm of Indian Affairs, with the request that the Honl Secty
would also accept of them.
With high regards
I have the Honor to
be yr ob st
A. M. M. Upshaw CA
Col
Wm Armstrong
Supt West Tery &c
E. Steen, et al to Wm. Armstrong, (nd):
[Second enclosed letter as mentioned above.]
Dear Sir,
By request of the Chickasaw Chief, (Captain Albertson),
we address to you the following Statement of which we know respecting
the late Chickasaw Council held near this post.
We the Officers of the United States Army, at the post having
been invited by Major Colbert went to the Council three
days in Succession but from some cause or other the people did
not meet, on the fourth day, they met and after a long discussion
it was agreed that if the present Commissioners would resign,
no others ever should be appointed; under this agreement they
resigned. The Council then adjourned with the understanding that
they were to meet again in one hour, twas then between 12 and
1 o'clock. Captain Albertson and his party waited for the
Colbert party to meet them until 5 o'clock in the evening
and they not doing so, the late Commissioners with their Company
left the ground that night.
This statement is made agreably to what our interpreter said to
us and what we heard in English from Col. A. M. M. Upshaw (Chickasaw
Agent), Mr. Colbert and Mr. Benjamin Love in Council.
E Steen
Maj. Wm Armstrong Capt 1st Drags
E K Kane
[__?__]
Jno H. Hill
[__?__]
Isaac Albertson, et al to T. H. Crawford, 22 JUL 1845:
[The third letter mentioned above.]
Chickasaw District CN
July 22d 1845
To The
Honl. T. Hartley Crawford
Commr Ind Affairs
Friend & Brother
Our people, or particularly that portion called the Colbert
party, have expressed a desire, that in as much as the business
connected with the Treaty of 1834 was about closed, that the Commissioners
should resign. The Commissioners therefore at a Council held at
the Boiling Springs on the 18th inst., did one & all, under
the express understanding, that no thers was ever to be appointed,
voluntarily resign, believing that in so doing they would not
only lessen the expenses of the Nation; but be conducive in uniting
the two parties of our people.
After the Council had broken, we have understood, that the party
residing near Fort Towson, (a distance of 80 to 100 miles from
the district), composed of Pitman Colbert & others,
did appoint different persons to act as Secretaries &c, one
of them is said Colberts own son in law who is promised
a salary of 1200 $. We do most solomly protest against any other
appointments being made or recognized, except those persons who
were elected in the Chickasaw district, under the Choctaw Constitution,
agreeable to the Treaty concluded between said Nation & the
Chickasaws in 1837 & ratified by the President & Senate
of the United States. The Commissioners by resigning wished to
curtail the expenses of their people, believing that the affairs
of the Nation could be well managed by their Chief Isaac Albertson
who was elected by the voice of the people, & when his term
expires, by the person who should be so elected. Should other
appointments be recognized by the Department their efforts would
be defeated.
Our people who reside in the district are prospering under the
Choctaw Constitution & would wish their affairs managed the
same as those of said tribe.
We would appeal to our agent & Maj Wm Armstrong the
Supt to say whether or not the affairs of our nation can not be
managed by the officers of the district. We would further remark
that the party near Towson are prompted by disigning white men
who reside among them.
Most Respectfully
Your friends & Brothers
Isaac Albertson his X mark Chief
Slone Love Speaker
Benjamin Love Senator
Wm Barnett Supreme Judge C. Dist. C.N.
Members to the general council
James Wolf
Jas. McLaughlin Senator
Joseph Colbert his X mark
Ish tick e in ka tubby his X mark
Illuk hombee his X mark
Cyrus Harris
G. L. Love
Jackson Frazier
Capt of the [Canadinn?] Party Winchester Colbert
Joseph Perry
William Kemp his X mark
Capt Chickasaw Nuhn ubby his X mark
Capt Ish [ki to lin?] his X mark
Capt Newberry his X mark
Capt Tah fah [mabee?] his X mark
Capt Chi ah kith bee his X mark
Aaron V. Brown
James Gamble
Light horse Capt Yoch him ma tubby his X mark
Chief Isaac Albertson, et al, to Wm. L. Marcy, 1845?:
[Content of letter suggest that it was written about time of
preceding letters on same subject of annuity distribution.]
Sir
We the undersigned Chickasaws, having learned that efforts have
been made to induce the Government to turn over the interest on
the Chickasaw Fund into the hands of Mr. Edmond Pickens,
a Chickasaw, under pretense that a majority of the tribe desired
that he should act as their Treasurer in the disbursement and
distribution of their annuities, do for ourselves and for others
whom we may represent, protest against any such course, and request
that what ever funds are paid as annuities may be disbursed as
heretofore by an agent of the Government, dividing such funds
equally and paying all share and share alike.
We object to the proposed changes:
1st Because we would thereby lose the guarantees of the Government
that the disbursement would be faithfully made.
2d Because the party feeling and jealousy existing among our people
would render it impossible for any one Chickasaw to discharge
such a duty satisfactorily to all and because the attempt would
in our opinion lead to serious difficulties.
3d Because the individual referred to is uneducated and utterly
and notoriously incompetent to discharge the duty.
4th Because there is every reason to believe that the sole object
of the proposed change is to enrich an Indian trading establishment
at the expense of the Chickasaw people, and;
5th Because in furtherance of that object the authors of the measure
have purchased the support of its leading advocates by promising
them large salaries exceedingly disproportioned to any services
they could render themselves attempting to saddle a heavy annual
charge upon the Chickasaw fund.
It will be urged that a law of Congress required Indian annuities
to be paid in such manner as the majority may direst and that
a majority of the Chickasaws are in favor of the course to which
we object.
It may be possible that out of the entire Chickasaw population
amounting to some 4,300, their may be a majority of one or two
hundred among the friends of those who advocate this plan. But
it must not be inferred that the majority understandingly sanction
this measure. The fact that several families were accidentally
omitted in enrolling our people for the payment in 1844 has been
artfully misrepresented in such a manner as to induce the more
ignorant to believe that fraud was intended, and that in future
they might more safely rely on some person of known integrity
among themselves. Besides this a strong appeal has been made to
that portion of the people who oppose innovation and prefer old
Indian customs, by placing the proposed Treasurer Mr. Pickens
nominally under the direction of the King, Ish ta ho to pa,
a weak, [ardulous?], ignorant but well meaning man, who
was the Hereditary Chief under the old exploited tribal government.
It is quite natural that those who lost their last years annuity
should be induced to desire a change and that those who are attached
to ancient customs should be gratified by a proposition to restore
them partially in the person of their former Chief. But can any
one believe that the majority or even a respectable minority would
with their eyes open consent to place their entire fund at the
disposal of a trader? Yet the prime mover in this whole affair,
the acknowledged leader of the party which pushes it, is Maj.
Pitman Colbert an Indian trader at Doaksville. The King, Ish
ta ho to pa and the Disbursing Chief, Mr. Pickens are
indeed disconnected with any trading establishment, but the former
is completely under the control of Maj. Colbert, and the
latter is avowedly and officially to look for advice and assistance
to Maj. Colberts son in law Mr. Sampson Folsom,
himself an unsuccessful merchant.
Another matter has been used with considerable effect among a
portion of our people, which we wish to be clearly understood.
The custom has prevailed, we believe at annuity payments generally
of so dividing the amount as to give each individual the largest
sum that can be paid in the coin the agent may happen to have.
The balance arising from fractions, if any remains, is usually
paid for purposes of a national character. At the payment 1844,
following this custom, our agent paid 4,185 fractions, supposed
at the time to be the whole number, $14 each, leaving a balance
of $1,410 indivisable except in coin less than 50 cents, which
balance was paid to the Chief of the Chickasaw District, and by
him applied thru the National Treasurer to the discharging of
various debts due from the nation. $400 for a debt contracted
two years ago by direction of a council of the whole nation. The
balance went to pay some 18 or 20 persons employed by our people
in various capacities as Judges, Councillors, "Light Horse"
&c. These were all elected and their salaries paid by the
Chickasaw people. The duties they perform are arduous and though
constantly in service, some of them for years, they had never
received any compensation. Yet the fact that they have been paid
at all out of Chickasaw money is one of the principle reasons
assigned for changing the mode of paying the annuities. Major
Colbert and his friends insisting that the Chickasaws were
bound to pay all the expenses of the Chickasaw Government.
This proposition is in our opinion so absured that it hardly requires
serious notice. But as it is strongly relied upon by our opponents,
it may be wise to state briefly our views on the subject.
We bought from the Choctaws the right to settle in their lands,
coupled with the condition that the former should be subject to
the laws of the latter. On the other hand the Chickasaws was permitted
to organize a separate District to choose officers for its government
and to send representatives to a general Council in which both
tribes were to be regarded as one people. If their officers rendered
any service at all, the Chickasaws were the parties benefited,
not the Choctaw. So as far as the Choctaws are concerned, their
services are not required. The question of compensation of course
rests with the Chickasaws alone. They might follow the example
of the Choctaws and adopt their rates, or they might go back to
the primative usage of their forefathers, and dispense with compensation
entirely. The whole matter of employing and compensating their
officers manifestly belongs to the Chickasaws alone, is whithin
their own control, and any time be altered to suit their pleasure.
To show how the proposed system would work, it is only necessary
to mention a single fact. Just before the late payment commenced
the King, Ish ta ho to pa, asked for $4,000 to be set apart
for his particular use. It is well understood that the greater
part of this sum was intended for a Texas lawyer who had acted
as Maj. Colberts council in this matter, and who is expected
to aid him in pressing it at Washington.
Now if it is simply desired that the Chickasaw annuity should
be fairly divided, what need is their for a lawyer? Is it not
absurd to suppose that the majority would knowingly agree to pay
a lawyer $3,000 for effecting that which can be effected without
any cost at all?
But even admitting that the majority would, with a full knowledge
of the facts, favor the payment to Mr. Pickens, we contend
that the minority have rights of which they cannot be devissed.
The lands from which the Chickasaw fund was derived belonged to
the Chickasaw people, not to a majority of them, but to the whole
people and in matters of natural rights, all are alike entitled
to share in the proceeds of the right. Congress could never have
intended to deprive them: and even if the act of Congress admitted
of such a construction we confidently refer to the last clause
in the 11th art. of the Treaty of 1834, which guarantees that
the interest arising from their investments shall be paid annually
"to the Chickasaw" -- not to any party of them or any
individual -- but to all. Upon that guarantee so long as the Treaty
stands as the Law of the land, we securly rely. We ask for nothing
that is not fair, for nothing that is not in itself just, right
and reasonable. We contend for no trading establishment, for no
body of Indian officers, for no heavy fees to lawyers, what we
ask for we claim as our right, and we look confidently to the
Government for protection.
Isaac Albertson his X mark Chief Chi District
Capt Chick a shah nah nubby his X mark
Capt Ah fah mah tubby his X mark
Slone Love Speaker of the
Jos. S. Mitchell District Judge
James Gamble Sect Chick District
Gabriel Love
Joseph Factor his X mark
Joseph Perry
Capt Skit ta ha his X mark
E min to way his X mark
Isaac Love his X mark
Capt Ish chith ah koth tee his X mark
Capt Isaac Albertson Jr.
Capt James Wolf
Capt James McLaughlin
Benjamin Love
Henry Love
S. B. Love
Capt Ish tie Iu ka tubby his X mark
Capt Illa kam umtey his X mark
James Osborn
William Barnett Sup Judge C. Dist. C.N.
Cyrus Harris
R.J. Humphreys
James N. McLish
Joseph Colbert his X mark
George W. Allen
Wm. R. Guy
Bernard McLaughlin
Turner Bynum
Chickasaw Jerry Dyer
Eastman Frazier
Capt Winchester Colbert
Robert H. Love
Wm. Love
To
The Honl
Wm. L. Marcy
Secretary of War
A. M. M. Upshaw to ?, 20 AUG 1845:
(Copy)
Chickasaw Agency
August 20th 1845
Sir
Agreeable to instructions I send you the names occupations, salary,
and places of birth of all the persons employed under the agent
of the Chickasaws.
Col. Benj. Love U. S. Interpreter salary three hundred
dollars per year, employed 1st Jany 1844, he is a half breed Chickasaw
born in Miss. John A. Caudle Blacksmith, employed 1st Jany
1840, salary six hundred dollars per year, born in Virginia; Marcus
W. Caudle, assistant Blacksmith, employed 1st Jany 1840, salary,
two hundred and forty dollars per year, born in Tennessee. Joseph
J. Srygley Blacksmith employed 1st Jany 1843, salary six hundred
dollars per year, born in Tennessee: Hugh L. White, assistant
Blacksmith employed 1st Jany 1843, salary two hundred and forty
dollars per year, he is a half breed Chickasaw born in Mississippi:
Benj. Reynolds Lewis Public Blacksmith employed 1st Jany
1845, pay six hundred dollars per year, he is a half breed Chickasaw
and was born in Mississippi: George C. Lewis assistant
Blacksmith, employed 1st Jany 1845, salary two hundred and forty
dollars, he is a half breed and born in Mississippi.
Very respectfully
y mo. ob. st.
A. M. M. Upshaw CA.
Joseph Bryan to William Medill, 24 NOV
1845:
Washington City
Nov 24th 1845
William Medill Esqr
Comr Ind. Affairs
Washington
Sir
I have the honor to submit herewith an account in favor of Charly
Colbert decd for his services as a Comr. elected under the
Tresty with the Chickasaws of the 24th May 1834. The sum of two
hundred and fifty dollars was settled by the Secretary of War
as the allowance per annum which should be paid to each of the
Comr. I submit also a power of Attorney from the heirs of Mr.
Colbert authorizing me to receive the amount due them. I respectfully
ask that the claim may be examined & submitted to the 2nd
Auditor for Settlement.
With great respect
Your Obnt Servt
Joseph Bryan
Power of Attorney by Mississippi Juzan & Rebecca Colbert, 15 OCT 1845:
[The document referred to in the above letter.]
Now be it Known to all men, that we: Mississippi Juzan (late
Mississippi Colbert) and Rebecca Colbert, only heirs
to the estate of Charles Colbert deceased, of the Chickasaw
Nation, have made, constituted, and appointed and by these presents
do make, constitute, and appoint Joseph Bryan of District
Columbia, our true and lawful agent and attorney in fact, for
us, and in our stead to ask demand and receive of and from the
proper officers of the United States all such sum or sums of money
as may be due and owing to Charles Colbert deceased for
services as Chickasaw Commissioner; hereby authorizing our said
attorney, for and in our name, to give such full and ample receipts
and acquittances as may be necessary for all such sum or sums
of money as may be found due to us, or may be paid over to him
on our account, in consequence of the claim aforesaid.
In testimoney whereof, We, the said Mississippi Juzan (late Mississippi Colbert) and Rebecca Colbert have hereunto set our hands and seals this 15th day of October A. D. 1845.
Wiley Dickson Mississippi Juzan (Seal)
Rebecca Colbert (Seal)
I A. M. M. Upshaw do certify that the above instrument
was signed by the persons whose names are thereunto annexed &
that Mississippi Juzan late Mississippi Colbert
and Rebecca Colbert are the heirs to the estate of Charles
Colbert deceased.
Chickasaw Agency } A. M. M. Upshaw CA
Oct. 15.1845 }
Account of Charles Colbert, (decd):
[As referred to in above letter.]
| The United States | To: Charles Colbert decd | Due | |
| To Salary as Comr under the Treaty between the United States and the Chickasaw Nation of Indians of the 24th May 1834, from the 15th Nov. 1840 to 15th June 1842. 1 Year & 4 months at $250 per year as heretofore allowed by the Secretary of War. | $395.83¢ | ||
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