ARTICLE 1. The Chickasaw tribe of Indians acknowledge themselves
to be under the guardianship of the United States, and as a means
of securing the protection guaranteed to them by former treaties,
it is agreed that an Agent of the United States shall continue
to reside among them.
ARTICLE 2. That the expenses attending the sale of the
land ceded by the Chickasaws to the United States, under the treaty
of 1832, having, for some time past, exceeded the receipts, it
is agreed that the remnant of the lands so ceded and yet unsold,
shall be disposed of as soon as practicable, under the direction
of the President of the United States in such manner and in such
quantities, as, in his judgment, shall be least expensive to the
Chickasaws, and most condusive to their benefit: Provided, That
a tract of land, including the grave-yard near the town of Pontotoc,
where many of the Chickasaws and their white friends are buried,
and not exceeding four acres in quantity, shall be, and is hereby
set apart and conveyed to the said town of Pontotoc to be held
sacred for the purposes of a public burial-ground forever.
ARTICLE3. It is hereby agreed that the question of the
right of the Chickasaws, so long contended for by them, to a reservation
of four miles square on the River Sandy, in the State of Tennessee,
and particularly described in the 4th article of the treaty concluded
at Old-town, on the 19th day of October, 1818, shall be submitted
to the Secretary of the Interior who shall decide, what amount,
if any thing, shall be paid to the Chickasaws for said reservation:
Provided, however, That the amount so to be paid shall not exceed
one dollar and twenty-five cents per acre.
ARTICLE 4. The Chickasaws allege that in the management
and disbursement of their funds by the government, they have been
subjected to losses and expenses which properly should be borne
by the United States. With the view, therefore, of doing full
justice in the premises, it is hereby agreed that there shall
be, at as early a day as practicable, an account stated, under
the direction of the Secretary of the Interior, exhibiting in
detail all the moneys which, from time to time, have been placed
in the Treasury to the credit of the Chickasaw nation, resulting
from the treaties of 1832, and 1834, and all the disbursements
made therefrom. And said account as stated, shall be submitted
to the Chickasaws, who shall have the privilege, within a reasonable
time, of filing exceptions thereto, and any exceptions so filed
shall be referred to the Secretary of the Interior, who shall
adjudicate the same according to the principles of law and equity,
and his decisions shall be final and conclusive on all concerned.
It is also alleged by the Chickasaws that there are numerous cases
in which moneys held in trust by the United States for the benefit
of orphans and incompetent Chickasaws, have been wrongfully paid
out to persons having no right to receive the same. It is therefore
further agreed, that all such cases shall be investigated by the
Agent of the United States under the direction of the Secretary
of the Interior. And if it shall appear to the satisfaction of
said Secretary, that any of the orphans and incompetents have
been defrauded by such wrongful payments, the amount thus misapplied
shall be accounted for by the United States, as if no such payment
had been made: Provided, That the provisions of this article
shall not be so construed as to impose any obligations on the
United States to reimburse any expenditures heretofore made in
conformity with the stipulations contained in the treaties of
1832 and 1834: And provided further, That the United States
shall not be liable to repay moneys held in trust for the benefit
of orphans and incompetent Chickasaws, in any case in which payment
of such moneys has been made upon the recommendation or certificate
of the persons appointed for that purpose in the Fourth Article
of the Treaty of 1834, or of their successors, and in other respects
in conformity with the provisions of that article: And provided
further, That the United States shall not be held responsible
for any reservation of land or of any sale, lease, or other disposition
of the same, made, sold, leased, or otherwise disposed of, in
conformity with the several provisions of said treaties of 1832
and 1834.
ARTICLE 5. The Chickasaws are desirous that the whole amount
of their national fund shall remain with the United States, in
trust for the benefit of their people, and that the same shall
on no account be diminished. It is, therefore, agreed that the
United States shall continue to hold said fund, in trust, as aforesaid,
and shall constantly keep the same invested in safe and profitable
stocks, the interest upon which shall be annually paid to the
Chickasaw nation: Provided, That so much of said funds
as the Chickasaws may require for the purpose of enabling them
to effect the permanent settlement of their tribe as contemplated
by the treaty of 1834, shall be subject to the control of their
General Council.
ARTICLE 6. The powers and duties confered on certain persons
particularly mentioned in the 4th article of the treaty of 1834,
and their successors in office, shall hereafter be vested in and
performed by the General Council of the Chickasaws, or such officers
as may be by said council appointed for that purpose; and no certificate
or deed given or executed by the persons aforesaid, from which
the approval of the President of the United States has once been
withheld, shall be hereafter approved unless the same shall first
receive the sanction of the Chickasaw Council, or the officers
appointed as aforesaid, and of the agent of the United States
for said Chickasaw nation.
ARTICLE 7. No claim or account shall hereafter be paid
by the Government of the United States out of the Chickasaw fund,
unless the same shall have first been considered and allowed by
the Chickasaw General Council: Provided, however, That
this clause shall not effect payment upon claims existing contracts
made by authority of the Chickasaw General Council, or interfere
with the due administration of the acts of Congress, regulating
trade and intercourse with the Indian tribes.
ARTICLE 8. It is further agreed, that regular semiannual
accounts of the receipts and disbursements of the Chickasaw fund
shall be furnished the Chickasaw Council by the Government of
the United States.
ARTICLE 9. The sum of fifteen hundred dollars shall be
paid the Chickasaw nation, in full of expenses incurred by their
commissioners in negotiating this treaty.
ARTICLE 10. And it is further stipulated, That in no case
hereafter, shall any money due or to be paid under this treaty
or any former treaty between the same contracting parties be paid
to any agent or attorney; but shall in all cases be paid directly
to the party or parties primarily entitled thereto.
In witness whereof the contracting parties have hereto set their
hands and seals, the day and year above written.
Kenton Harper, Commissioner for the United States.
Edmund Pickens, his x mark
Benjamin S. Love,
Sampson Folsom, Commissioners for the Chickasaws.
In presence of
Charles E. Mix, chief clerk, Office Indian Affairs,
L. R. Smoot,
T. R. Cruttenden,
Aaron V. Brown, interpreter.
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