THE Chickasaw Nation find themselves oppressed in their present
situation; by being made subject to the laws of the States in
which they reside. Being ignorant of the language and laws of
the white man, they cannot understand or obey them. Rather than
submit to this great evil, they prefer to seek a home in the west,
where they may live and be governed by their own laws. And believing
that they can procure for themselves a home, in a country suited
to their wants and condition, provided they had the means to contract
and pay for the same, they have determined to sell their country
and hunt a new home. The President has heard the complaints of
the Chickasaws, and like them believes they cannot be happy, and
prosper as a nation, in their present situation and condition,
and being desirous to relieve them from the great calamity that
seems to await them, if they remain as they are. He has sent his
Commissioner Genl. John Coffee, who has met the whole Chickasaw
nation in Council, and after mature deliberation, they have entered
into the following articles, which shall be binding on both parties,
when the same shall be ratified by the President of the United
States by and with the advice and consent of the Senate.
ARTICLE 1. For the consideration hereinafter expressed,
the Chickasaw nation do hereby cede, to the United States, all
the land which they own on the east side of the Mississippi river,
including all the country where they at present live and occupy.
ARTICLE 2. The United States agree to have the whole country
thus ceded, surveyed, as soon as it can be conveniently done,
in the same manner that the public lands of the United States
are surveyed in the States of Mississippi and Alabama, and as
soon thereafter as may be practicable, to have the same prepared
for sale. The President of the United States will then offer the
land for sale at public auction, in the same manner and on the
same terms and conditions as the other public lands, and such
of the land as may not sell at the public sales shall be offered
at private sale, in the same manner that other private sales are
made of the United States lands.
ARTICLE 3. As a full compensation to the Chickasaw nation,
for the country thus ceded, the United States agree to pay over
to the Chickasaw nation, all the money arising from the sale of
the land which may be received from time to time, after deducting
therefrom the whole cost and expenses of surveying and selling
the land, including every expense attending the same.
ARTICLE 4. The President being determined that the Chickasaw
people shall not deprive themselves of a comfortable home, in
the country where they now are, until they shall have provided
a country in the west to remove to, and settle on, with fair prospects
of future comfort and happiness, it is therefore agreed to, by
the Chickasaw nation, that they will endeavor as soon as it may
be in their power, after the ratification of this treaty, to hunt
out and procure a home for their people, west of the Mississippi
river, suited to their wants and condition; and they will continue
to do so during the progress of the survey of their present country,
as is provided for in the second article of this treaty. But should
they fail to procure such a country to remove to and settle on,
previous to the first public sale of their country here then and
in that event, they are to select out of the surveys, a comfortable
settlement for every family in the Chickasaw nation, to include
their present improvements, if the land is good for cultivation,
and if not they may take it in any other place in the nation,
which is unoccupied by any other person. Such settlement must
be taken by sections. And there shall be allotted to each family
as follows (to wit): To a single man who is twenty-one years of
age, one section to each family of five and under that number
two sections to each family of six and not exceeding ten, three
sections, and to each family over ten in number, four sections
and to families who own slaves, there shall be allowed, one section
to those who own ten or upwards and such as own under ten, there
shall be allowed half a section. If any person shall now occupy
two places and wish to retain both, they may do so, by taking
a part at one place, and a part at the other, and where two or
more persons are now living on the same section, the oldest occupant
will be entitled to remain, and the others must move off to some
other place if so required by the oldest occupant. All of which
tracts of land so selected and retained, shall be held, and occupied
by the Chickasaw people, uninterrupted until they shall find and
obtain a country suited to their wants and condition. And the
United States will guaranty to the Chickasaw nation, the quiet
possession and uninterrupted use of the said reserved tracts of
land, so long as they may live on and occupy the same. And when
they shall determine to remove from said tracts of land, the Chickasaw
nation will notify the President of the United States of their
determination to remove, and thereupon as soon as the Chickasaw
people shall remove, the President will proclaim the said reserved
tracts of land for sale at public auction and at private sale,
on the same terms and conditions, as is provided for in the second
article of this treaty, to sell the same, and the net proceeds
thereof, to be paid to the Chickasaw nation, as is provided for
in the third article of this treaty.
ARTICLE 5. If any of the Chickasaw families shall have
made valuable improvements on the places where they lived and
removed from, on the reservation tracts, the same shall be valued
by some discreet person to be appointed by the President, who
shall assess the real cash value of all such improvements, and
also the real cash value of all the land within their improvements,
which they may have cleared and actually cultivated, at least
one year in good farming order and condition. And such valuation
of the improvements and the value of the cultivated lands as before
mentioned, shall be paid to the person who shall have made the
same. To be paid out of the proceeds of the sales of the ceded
lands. The person who shall value such land and improvements,
shall give to the owner thereof, a certificate of the valuation,
which shall be a good voucher for them to draw the money on, from
the proper person, who shall be appointed to pay the same, and
the money shall be paid, as soon as may be convenient, after the
valuation, to enable the owner thereof to provide for their families
on their journey to their new homes. The provisions of this article
are intended to encourage industry and to enable the Chickasaws
to move comfortably. But least the good intended may be abused,
by designing persons, by hiring hands and clearing more land,
than they otherwise would do for the benefit of their families
It is determined that no payment shall be made for improved lands,
over and above one-eighth part of the tract allowed and reserved
for such person to live on and occupy.
ARTICLE 6. The Chickasaw nation cannot receive any part
of the payment for their land until it shall be surveyed and sold;
therefore, m order to the greater facilitate, in surveying and
preparing the land for sale, and for keeping the business of the
nation separate and apart from the business and accounts of the
United States, it is proposed by the Chickasaws, and agreed to,
that a Surveyor General be appointed by the President, by and
with the advice and consent of the Senate, to superintend alone
the surveying of this ceded country or so much thereof as the
President may direct, who shall appoint a sufficient number of
deputy surveyors, as may be necessary to complete the survey,
in as short a time as may be reasonable and expedient. That the
said Surveyor General be allowed one good clerk, and one good
draftsman to aid and assist him in the business of his office,
in preparing the lands for sale. It is also agreed that one land
office be established for the sale of the lands, to have one Register
and one Receiver of monies, to be appointed by the President,
by and with the advice and consent of the Senate, and each Register
and Receiver to have one good clerk to aid and assist them in
the duties of their office. The Surveyor's office, and the office
of the Register and Receiver of money, shall be kept somewhere
central in the nation, at such place as the President of the United
States may direct. As the before mentioned officers, and clerks,
are to be employed entirely in business of the nation, appertaining
to preparing and selling the land, they will of course be paid
out of the proceeds of the sales of the ceded lands. That the
Chickasaws, may now understand as near as may be, the expenses
that will be incurred in the transacting of this business It is
proposed and agreed to, that the salary of the Surveyor General
be fifteen hundred dollars a year, and that the Register and Receiver
of monies, be allowed twelve hundred dollars a year each, as a
full compensation for their services, and all expenses, except
stationary and postages on their official business, and that each
of the clerks and draftsman be allowed seven hundred and fifty
dollars a year, for their services and all expenses.
ARTICLE 7. It is expressly agreed that the United States
shall not grant any right of preference, to any person, or right
of occupancy in any manner whatsoever, but in all cases, of either
public or private sale, they are to sell the land to the highest
bidder, and also that none of the lands be sold in smaller tracts
than quarter sections or fractional sections of the same size
as near as may be, until the Chickasaw nation may require the
President to sell in smaller tracts. The Chiefs of the nation
have heard that at some of the sales of the United States lands,
the people there present, entered into combinations, and united
in purchasing much of the land, at reduced prices, for their own
benefit, to the great prejudice of the Government, and they express
fears, that attempts will be made to cheat them, in the same manner
when their lands shall be offered at public auction. It is therefore
agreed that the President will use his best endeavours to prevent
such combinations, or any other plan or state of things which
may tend to prevent the land selling for its full value.
ARTICLE 8. As the Chickasaws have determined to sell their
country, it is desirable that the nation realize the greatest
possible sum for their lands, which can be obtained. It is therefore
proposed and agreed to that after the President shall have offered
their lands for sale and shall have sold all that will sell for
the Government price, then the price shall be reduced, so as to
induce purchasers to buy, who would not take the land at the Government
minimum price ;and it is believed, that five years from and after
the date of the first sale, will dispose of all the lands, that
will sell at the Government price. If then at the expiration of
five years, as before mentioned, the Chickasaw nation may request
the President to sell at such reduced price as the nation may
then propose, it shall be the duty of the President to comply
with their request, by first offering it at public and afterwards
at private sale, as in all other cases of selling public lands.
ARTICLE 9. The Chickasaw nation express their ignorance,
and incapacity to live, and be happy under the State laws, they
cannot read and understand them, and therefore they will always
need a friend to advise and direct them. And fearing at some day
the Government of the United States may withdraw from them, the
agent under whose instructions they have lived so long and happy,
they therefore request that the agent may be continued with them,
while here, and wherever they may remove to and settle. It is
the earnest wish of the United States Government to see the Chickasaw
nation prosper and be happy, and so far as is consistent they
will contribute all in their power to render them so therefore
their request is granted. There shall be an agent kept with the
Chickasaws as heretofore, so long as they live within the jurisdiction
of the United States as a nation, either within the limits of
the States where they now reside, or at any other place. And whenever
the office of agent shall be vacant, and an agent to be appointed,
the President will pay due respect to the wishes of the nation
in selecting a man in all respects qualified to discharge the
responsible duties of that office.
ARTICLE 10. Whenever the Chickasaw nation shall determine
to remove from, and leave their present country, they will give
the President of the United States timely notice of such intention,
and the President will furnish them, the necessary funds, and
means for their transportation and journey, and for one years
provisions, after they reach their new homes, in such quantity
as the nation may require, and the full amount of such funds,
transportation and provisions, is to be paid for, out of the proceeds
of the sales of the ceded lands. And should the Chickasaw nation
remove, from their present country, before they receive money,
from the sale of the lands, hereby ceded; then and in that case,
the United States shall furnish them any reasonable stun of money
for national purposes, which may be deemed proper by the President
of the United States, which sum shall also be refunded out of
the sales of the ceded lands.
ARTICLE 11. The Chickasaw nation have determined to create
a perpetual fund, for the use of the nation forever, out of the
proceeds of the country now ceded away. And for that purpose they
propose to invest a large proportion of the money arising from
the sale of the land, in some safe and valuable stocks, which
will bring them in an annual interest or dividend, to be used
for all national purposes, leaving the principal untouched, intending
to use the interest alone. It is therefore proposed by the Chickasaws,
and agreed to, that the sum to be laid out in stocks as above
mentioned, shall be left with the government of the United States,
until it can be laid out under the direction of the President
of the United States, by and with the advice and consent of the
Senate, in such safe and valuable stock as he may approve of,
for the use and benefit of the Chickasaw nation. The sum thus
to be invested, shall be equal to, at least three-fourths of the
whole net proceeds of the sales of the lands; and as much more,
as the nation may determine, if there shall be a surplus after
supplying all the national wants. But it is hereby provided, that
if the reasonable wants of the nation shall require more than
one fourth Of the proceeds of the sales of the land, then they
may, by the consent of the President and Senate, draw from the
government such sum as may be thought reasonable, for valuable
national purposes, out of the three-fourths reserved to be laid
out in stocks. But if any of the monies shall be thus drawn out
of the sum first proposed, to be laid out on interest, the stall
shall be replaced, out of the first monies of the nation, which
may come into the possession of the United States government,
from the sale of the ceded lands, over and above the reasonable
wants of the nation. At the expiration of fifty years from this
date, if the Chickasaw nation shall have improved in education
and civilization, and become so enlightened, as to be capable
of managing so large a sum of money to advantage, and with safety,
for the benefit of the nation, and the President of the United
States, with the Senate, shall be satisfied thereof, at that time,
and shall give their consent thereto, the Chickasaw nation may
then withdraw the whole, or any part of the fund now set apart,
to be laid out in stocks, or at interest, and dispose of the same,
in any manner that they may think proper at that time, for the
use and benefit of the whole nation; but no part of said fund
shall ever be used for any other purpose, than the benefit of
the whole Chickasaw nation. In order to facilitate the survey
and sale of the lands now ceded, and to raise the money therefrom
as soon as possible, for the foregoing purpose, the President
of the United States is authorized to commence the survey of the
land as soon as may be practicable, after the ratification of
this treaty.
ARTICLE 12. The Chickasaws feel grateful to their old chiefs,
for their long and faithful services, in attending to the business
of the nation. They believe it a duty, to keep them from want
in their old and declining age with those feelings, they have
looked upon their old and beloved chief Tish-o-mingo, who
is now grown old, and is poor and not able to live, in that comfort,
which his valuable life and great merit deserve. It is therefore
determined to give him out of the national funds, one hundred
dollars a year during the balance of his life, and the nation
request him to receive it, as a token of their kind feelings for
him, on account of his long and valuable services.
Our old and beloved Queen Pue-caunda, is now very old and
very poor. Justice says the nation ought not to let her suffer
in her old age; it is therefore determined to give her out of
the national funds, fifty dollars a year during her life, the
money to be put in the hands of the agent to be laid out for her
support, under his direction, with the advice of the chiefs.
ARTICLE 13. The boundary line between the lands of the
Chickasaws and Choctaws, has never been run, or properly defined,
and as the Choctaws have sold their country to the United States,
they now have no interest in the decision of that question. It
is therefore agreed to call on the old Choctaw chiefs to determine
the line to be run, between the Chickasaws and their former country.
The Chickasaws, by a treaty made with the United States at Franklin
in Tennessee, in Aug. 31, 1830, (a) declared their line to run
as follows, to wit: Beginning at the mouth of Oak tibby-haw and
running up said stream to a point, being a marked tree, on the
old Natches road, one mile southwardly from Wall's old
place. Thence with the Choctaw boundary, and along it, westwardly
through the Tunicha old fields, to a point on the Mississippi
river, about twenty-eight miles by water, below where the St.
Francis river enter said stream on the west side. It is now agreed,
that the surveys of the Choctaw country which are now in progress,
shall not cross the line until the true line shall be decided
and determined; which shall be done as follows, the agent of the
(Choctaws on the west side of the Mississippi shall call on the
old and intelligent chiefs of that nation, and lay before them
the line as claimed by the Chickasaws at the Franklin treaty,
and if the Choctaws shall determine that line to be correct, then
it shall be established and made the permanent line, but if the
Choctaws say the line strikes the Mississippi river higher up
said stream, then the best evidence which can be had from both
nations, shall be taken by the agents of both nations, and submitted
to the President of the United States for his decision, and on
such evidence, the President will determine the true line on principles
of strict justice.
ARTICLE 14. As soon as the surveys are made, it shall be the duty of the chiefs, with the advice and assistance of the agent to cause a correct list to be made out of all and every tract of land, which shall be reserved, for the use and benefit of the Chickasaw people, for their residence, as is provided for in the fourth article of this treaty, which list, will designate the sections of land, which are set apart for each family or individual in the nation, shewing the precise tracts which shall belong to each and every one of them, which list shall be returned to the register of the land office, and he shall make a record of the same, m his office, to prevent him from offering any of said tracts of land for sale, and also as evidence of each person's lands. All the residue of the lands will be offered by the President for sale.
ARTICLE 15. The Chickasaws request that no persons be permitted
to move in and settle on their country before the land is sold.
It is therefore agreed, that no person, whatsoever, who is not
Chickasaw or connected with the Chickasaws by marriage, shall
be permitted to come into the country and settle on any part of
the ceded lands until they shall be offered for sale, and then
there shall not be any person permitted to settle on any of the
land, which has not been sold, at the time of such settlement,
and in all cases of a person settling on any of the ceded lands
contrary to this express understanding, they will be intruders,
and must be treated as such, and put off of the lands of the nation.
In witness of all and every thing herein determined, between the
United States and the whole Chickasaw nation in general council
assembled, the parties have hereunto set their hands and seals,
at the council-house, on Pontitock creek, in the Chickasaw nation,
on the twentieth day of October, one thousand eight hundred and
thirty-two.
Ish-te-ho-to-pa, (king) his x mark,
Tish-o-min-go, his x mark,
Levi Colbert, his x mark,
George Colbert, his x mark,
William M'Gilvery, his x mark,
Samuel Sely, his x mark,
To-pul-kah, his x mark,
Isaac Albertson, his x mark,
Em-ub-by, his x mark,
Pis-tah-lah-tubbe, his x mark,
Ish-tim-o-lut-ka, his x mark,
James Brown, his x mark,
Im-mah-hoo-lo-tubbe, his x mark,
Ish-ta-ha-chah, his x mark,
Lah-fin-hubbe, his x mark,
Shop-pow-me, his x mark,
Nin-uck-ah-umba, his x mark,
lm-mah-hoo-la-tubbe, his x mark,
Illup-pah-umba, his x mark,
Pitman Colbert,
Con-mush-ka-ish-kah, his x mark,
James Wolfe,
Bah-ha-kah-tubbe, his x mark,
E. Bah-kah-tubbe, his x mark,
Captain Thompson, his x mark,
New-berry, his x mark,
Bah-ma-hah-tubbe, his x mark,
John Lewis, his x mark,
I-yah-hou-tubbe, his x mark,
Tok-holth-la-chah, his x mark,
Oke-lah-nah-nubbe, his x mark,
Im-me-tubbe, his x mark,
In-kah-yea, his x mark,
Ah-sha-eubbe, his x mark,
Im-mah-ho-bah, his x mark,
Fit-ehah-pla, his x mark,
Unte-mi-ah-tubbe, his x mark,
Oke-lah-hin-lubbe, his x mark,
John Glover, his x mark,
Bah-me-hubbe, his x mark,
Hush-tah-tah-ubbe, his x mark,
Un-ti-ha-kah-tubbe, his x mark,
Yum-mo-tubbe, his x mark,
Oh-ha-cubbe, his x mark,
Ah-fab-mah, his x mark,
Ah-ta-kin-tubbe, his x mark,
Ah-to-ko-wah, his x mark,
Tah-ha-cubbe, his x mark,
Kin-hoi-cha, his x mark,
Ish-te-ah-tubbe, his x mark,
Chick-ah-shah-nan-ubbe, his x mark,
Che-wut-ta-ha, his x mark,
Fo-lut-ta-chah, his x mark,
No-wo-ko, his x mark,
Win-in-a-pa, his x mark,
0ke-lah-shah-cubbe, his x mark,
Ish-ta-ki-yu-ka-tubbe, his x mark,
Mah-te-ko-shubbe, his x mark,
Tom-chick-ah, his x mark,
Ei-o-che-tubbe, his x mark,
Nuck-sho-pubbe, his x mark,
Fah-lah-mo-tubbe, his x mark,
Co-chub-be, his x mark,
Thomas Sely, his x mark,
Oke-lah-sha-pi-a, his x mark,
Signed and sealed in the presence of
Ben. Reynolds, Indian agent,
George Wightman, of Mississippi,
John L. Allen, subagent,
John Donley, Tennessee,
Nath. Anderson, secretary to the commissioner,
D. S. Parrish, Tennessee,
S. Daggett, Mississippi,
Benj. Love, United States interpreter,
Wm. A. Clurm,
Robert Gordon, Mississippi,
G. Long.
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