ARTICLE 1. 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 and Chickasaws) to be called the Chickasaw
district of the Choctaw Nation; to have an equal representation
in their general council, and 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 these rights and privileges; and the Chickasaw
people to be entitled to all the rights and privileges of Choctaws,
with the exception of participating in the Choctaw annuities and
the consideration to be paid for these rights and privileges,
and to be subject to the same laws to which the Choctaws are;
but the Chickasaws reserve to themselves the sole right and privilege
of controlling and managing the residue of their funds as far
as is consistent With the late treaty between the said people
and the Government of the United States, and of making such regulations
and electing such officers for that purpose as they may think
proper.
ARTICLE 2. The Chickasaw district shall be bounded as follows,
viz: beginning on the north bank of 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 and Low Blue Rivers to the road leading from Fort Gibson
to Fort Wachitta; thence along said road to the line dividing
Musha-la-tubbee and Push-meta-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; and thence
due south to Red River, and down Red River to the beginning.
ARTICLE 3. The Chickasaws agree to pay the Choctaws, as
a consideration for these rights and privileges, the sum of five
hundred and thirty thousand dollars thirty thousand of which shall
be paid at the time and in the manner that the Choctaw annuity
of 1837 is paid, and the remaining five hundred thousand dollars
to be invested in some safe and secure stocks, under the direction
of the Government of the United States, redeemable within a period
of not less than twenty years and 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, and 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.
ARTICLE 4. To provide for the future adjustment of all
complaints or dissatisfaction which may arise to interrupt the
peace and harmony which have so long and so happily existed between
the Choctaws and Chickasaws, it is hereby agreed by the parties
that all questions relative to the construction of this agreement
shall be referred to the Choctaw agent to be by him decided; reserving,
however, to either party, should it feel itself aggrieved thereby,
the rights of appealing to the President of the United States,
whose decision shall be final and 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.
ARTICLE 5. It is hereby declared to be the intention of
the parties hereto; that equal rights and privileges shah pertain
to both Choctaws and Chickasaws to settle in whatever district
they may think proper, and to be eligible to all 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 anywise for officers in relation to the
residue of the Chickasaw fund.
In testimony whereof, the parties hereto have hereunto subscribed their names and affixed their seals, at Doaksville, near fort Towson in the Choctaw country, on the day and year first above written.
In the presence of
Wm. Armstrong, Acting Superintendent Western Territory,
Henry R. Carter, Conductor of the Chickasaw Delegation
Josiah S. Doak,
Vincent B. Tims,
Daniel McCurtain, United States Interpreter,
P. J. Humphreys,
J. T. Sprague, Lieutenant U. S. Marine Corps,
Thomas Lafloor, his x mark, Chief of Oaklafalaya district,
Nituchachue, his x mark, Chief of Pushmatahaw district,
Joseph Kincaid, his x mark, Chief of Mushalatubbee
district.
Commissioners of the Choctaw Nation:
P. P. Pitchlynn,
George W. Harkins,
Israel Folsom,
R. M. Jones,
Silas D. Fisher,
Samuel Wowster,
John McKenney, his x mark,
Eyachahofaa, his x mark,
Nathaniel Folsom, his x mark,
Lewis Breashears, his x mark,
James Fletcher, his x mark,
George Pusley, his x mark.
Captains:
Oak-chi-a, his x mark
Thomas Hays, his x mark
Pis-tam-bee, his x mark
Ho-lah-ta-ho-ma, his x mark
E-yo-tah, his x mark
Isaac Perry, his x mark
No-wah-ham-bee, his x mark.
Chickasaw delegation:
J. McLish,
Pitman Colbert,
James Brown, his x mark
James Perry, his x mark.
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