PREAMBLE. WHEREAS it is an important object with the President
of the United States, to promote the civilization of the Choctaw
Indians, by the establishment of schools amongst them; and to
perpetuate them as a nation, by exchanging, for a small part of
their land here, a country beyond the Mississippi River, where
all, who live by hunting and will not work, may be collected and
settled together.And whereas it is desirable to the state of Mississippi,
to obtain a small part of the land belonging to said nation; for
the mutual accommodation of the parties, and for securing the
happiness and protection of the whole Choctaw nation, as well
as preserving that harmony and friendship which so happily subsists
between them and the United States, James Monroe, President
of the United States of America, by Andrew Jackson, of
the State of Tennessee, Major General in the Army of the United
States, and General Thomas Hinds, of the State of Mississippi,
Commissioners Plenipotentiary of the United States, on the one
part, and the Mingoes, Head Men, and Warriors, of the Choctaw
nation, in full Council assembled, on the other part, have freely
and voluntarily entered into the following articles, viz:
ARTICLE 1. To enable the President of the United States
to carry into effect the above grand and humane objects, the Mingoes,
Head Men, and Warriors, of the Choctaw nation, in full council
assembled, in behalf of themselves and the said nation, do, by
these presents, cede to the United States of America, all the
land lying and being within the boundaries following, to wit:Beginning
on the Choctaw boundary, East of Pearl River, at a point due South
of the White Oak spring, on the old Indian path; thence north
to said spring; thence northwardly to a black oak, standing on
the Natchez road, about forty poles eastwardly from Doake's fence,
marked A. J and blazed, with two large pines and a black oak standing
near thereto, and marked as pointers; thence a straight line to
the head of Black Creek, or Bouge Loosa; thence down Black Creek
or Bouge Loosa to a small Lake; thence a direct course, so as
to strike the Mississippi one mile below the mouth of the Arkansas
River; thence down the Mississippi to our boundary; thence around
and along the same to the beginning.
ARTICLE 2. For and in consideration of the foregoing cession,
on the part of the Choctaw nation, and in part satisfaction for
the same, the Commissioners of the United States, in behalf of
said States, do hereby cede to said nation, a tract of country
west of the Mississippi River, situate between the Arkansas and
Red River, and bounded as follows:-Beginning on the Arkansas River,
where the lower boundary line of the Cherokees strikes the same;
thence up the Arkansas to the Canadian Fork, and up the same to
its source; thence due South to the Red River; thence down Red
River, three miles below the mouth of Little River, which empties
itself into Red River on the north side; thence a direct line
to the beginning.
ARTICLE 3. To prevent any dispute upon the subject of the
boundaries mentioned in the 1st and 2d articles, it is hereby
stipulated between the parties, that the same shall be ascertained
and distinctly marked by a Commissioner, or Commissioners, to
be appointed by the United States, accompanied by such person
as the Choctaw nation may select; said nation having thirty days
previous notice of the time and place at which the operation will
commence. The person so chosen by the Choctaws, shall act as a
pilot or guide, for which the United States will pay him two dollars
per day, whilst actually engaged in the performance of that duty.
ARTICLE 4. The boundaries hereby established between the
Choctaw Indians and the United States, on this side of the Mississippi
river, shall remain without alteration until the period at which
said nation shall become so civilized and enlightened as to be
made citizens of the United States, and Congress shall lay off
a limited parcel of land for the benefit of each family or individual
in the nation.
ARTICLE 5. For the purpose of aiding and assisting the
poor Indians, who wish to remove to the country hereby ceded on
the part of the United States, and to enable them to do well and
support their families, the Commissioners of the United States
engage, in behalf of said States, to give to each warrior a blanket,
kettle, rifle gun, bullet moulds and nippers, and ammunition sufficient
for hunting and defence, for one year. Said warrior shall also
be supplied with corn to support him and his family, for the same
period, and whilst traveling to the country above ceded to the
Choctaw nation.
ARTICLE 6. The Commissioners of the United States further
covenant and agree, on the part of said States, that an agent
shall be appointed, in due time, for the benefit of the Choctaw
Indians who may be permanently settled in the country ceded to
them beyond the Mississippi river, and, at a convenient period,
a factor shall be sent there with goods, to supply their wants.
A Blacksmith shall also be settled amongst them, at a point most
convenient to the population; and a faithful person appointed,
whose duty it shall be to use every reasonable exertion to collect
all the wandering Indians belonging to the Choctaw nation, upon
the land hereby provided for their permanent settlement.
ARTICLE 7. Out of the lands ceded by the Choctaw nation
to the United States, the Commissioners aforesaid, in behalf of
said States, further covenant and agree, that fifty-four sections
of one mile square shall be laid out in good land, by the President
of the United States, and sold, for the purpose of raising a fund,
to be applied to the support of the Choctaw schools, on both sides
of the Mississippi river. Three-fourths of said fund shall be
appropriated for the benefit of the schools here; and the remaining
fourth for the establishment of one or more beyond the Mississippi;
the whole to be placed in the hands of the President of the United
States, and to be applied by him, expressly and exclusively, to
this valuable object.
ARTICLE 8. To remove any discontent which may have arisen
in the Choctaw Nation, in consequence of six thousand dollars
of their annuity having been appropriated annually, for sixteen
years, by some of the chiefs, for the support of their schools,
the Commissioners of the United States oblige themselves, on the
part of said States, to set apart an additional tract of good
land, for raising a fund equal to that given by the said chiefs,
so that the whole of the annuity may remain in the nation, and
be divided amongst them. And in order that exact justice may be
done to the poor and distressed of said nation, it shall be the
duty of the agent to see that the wants of every deaf, dumb, blind,
and distressed, Indian, shall be first supplied out of said annuity,
and the balance equally distributed amongst every individual of
said nation.
ARTICLE 9. All those who have separate settlements, and
fall within the limits of the land ceded by the Choctaw nation
to the United States, and who desire to remain where they now
reside, shall be secured in a tract or parcel of land one mile
square, to include their improvements. Any one who prefers removing,
if he does so within one year from the date of this treaty, shall
be paid their full value, to be ascertained by two persons, to
be appointed by the President of the United States.
ARTICLE 10. As there are some who have valuable buildings
on the roads and elsewhere upon the lands hereby ceded, should
they remove, it is further agreed by the aforesaid Commissioners,
in behalf of the United States, that the inconvenience of doing
so shall be considered, and such allowance made as will amount
to an equivalent. For this purpose, there shall be paid to the
Mingo, Puckshenubbee, five hundred dollars; to Harrison,
two hundred dollars; to Captain Cobb, two hundred dollars;
to William Hays, two hundred dollars; to O'Gleno,
two hundred dollars; and to all others who have comfortable houses,
a compensation in the same proportion.
ARTICLE 11. It is also provided by the Commissioners of
the United States, and they agree in behalf of said states, that
those Choctaw Chiefs and Warriors, who have not received compensation
for their services during the campaign to Pensacola, in the late
war, shall be paid whatever is due them over and above the value
of the blanket, shirt, flap, and leggins, which have been delivered
to them.
ARTICLE 12. In order to promote industry and sobriety amongst
all classes of the Red people, in this nation, but particularly
the poor, it is further provided by the parties, that the agent
appointed to reside here, shall be, and he is hereby, vested with
full power to seize and confiscate all the whiskey which may be
introduced into said nation, except that used at public stands,
or brought in by the permit of the agent, or the principal Chiefs
of the three Districts.
ARTICLE 13. To enable the Mingoes, Chiefs, and Head Men
of the Choctaw nation, to raise and organize a corps of Light-Horse,
consisting of ten in each District, so that good order, may be
maintained, and that all men, both white and red, may be compelled
to pay their just debts, it is stipulated and agreed, that the
sum of two hundred dollars shall be appropriated by the United
States, for each district, annually, and placed in the hands of
the agent, to pay the expenses incurred in raising and establishing
said corps; which is to act as executive officers, in maintaining
good order, and compelling bad men to remove from the nation,
who are not authorized to live in it by a regular permit from
the agent.
ARTICLE 14. Whereas the father of the beloved Chief Mushulatubbee, of the Lower Towns, for and during his life, did receive from the United States the sum of one hundred and fifty dollars, annually; it is hereby stipulated, that his son and successor Mushulatubbee, shall annually be paid the same amount during his natural life, to commence from the ratification of this Treaty.
ARTICLE 15. The peace and harmony subsisting between the
Choctaw Nation of Indians and the United States, are hereby renewed,
continued, and declared to be perpetual.
ARTICLE 16. These articles shall take effect, and become
obligatory on the contracting parties, so soon as the same shall
be ratified by the President, by and with the advice and consent
of the Senate of the United States.
In testimony whereof, the commissioners plenipotentiary of the
United States and the Mingoes, head men, and warriors, of the
Choctaw nation, have hereunto subscribed their names and affixed
their seals, at the place above written, this eighteenth day of
October, in the year of our Lord one thousand eight hundred and
twenty, and of the independence of the United States the forty-fifth.
Medal Mingoes:
Puckshenubbee, his x mark,
Pooshawattaha, his x mark,
Mushulatubbee, his x mark,
Chiefs and warriors:
General Humming Bird, his x mark,
James Hanizon, his x mark,
Talking Warrior, his x mark,
Little Leader, his x mark,
Captain Bob Cole, his x mark,
Red Fort, or Oolatahooma, his x mark,
Choctawistonocka, his x mark,
Oglano, his x mark,
Chuleta, his x mark,
John Frazier, his x mark,
Oakchunhmia, his x mark.,
Nockestona, his x mark,
Chapahooma, his x mark,
Onanchahabee, his x mark,
Copatanathoco, his x mark,
Atahobia, his x mark,
Opehoola, his x mark,
Chetantanchahubbee, his x mark,
Captain Lapala, his x mark,
Panchahabbee, his x mark,
Chuckahicka, his x mark,
Tallahomia, his x mark,
Totapia, his x mark,
Hocktanlubbee, his x mark,
Tapawanchahubbee, his x mark,
Capt. Red Bird, his x mark,
Capt. Jerry Carhey, his x mark,
Chapanchahabbee, his x mark,
Tunnupnuia, his x mark,
Ponhoopia, his x mark,
Ticbehacubbee, his x mark,
Suttacanchihubbee, his x mark,
Capt. William Beams, his x mark,
Captain James Pitchlynn,
Capt. James Garland, his x mark,
Tapanahomia, his x mark,
Thlahomia, his x mark,
Tishotata, his x mark,
Inoquia, his x mark,
Ultetoncubbee, his x mark,
Palochubbee, his x mark,
Jopannu, his x mark,
Captain Joel H. Vail,
Tapanastonahamia, his x mark,
Hoopihomia, his x mark,
Chelutahomia, his x mark,
Tuskiamingo, his x mark,
Young Captain, his x mark,
Chiefs and warriors:
Hakatubbee, his x mark,
Tishoo, his x mark,
Capt. Bobb, his x mark,I
Hopeanchahabee, his x mark,
Capt. Bradley, his x mark,
Capt. Daniel M'Curtain, his x mark,
Mucklisahopia, his x mark,
Nuckpullachubbee, his x mark,
George Turnbull,
Captain Thomas M'Curtain, his x mark,
Oakehonahooma, his x mark,
Capt. John Cairns, his x mark,
Topenastonahooma, his x mark,
Holatohamia, his x mark,
Col. Boyer, his x mark,
Holantachanshahubbee, his x mark,
Chuckahabbee, his x mark,
Washaschahopia, his x mark,
Chatamakaha, his x mark,
Hapeahomia, his x mark,
William Hay, his x mark,
Captain Samuel Cobb, his x mark,
Lewis Brashears, his x mark,
Muckelehamia, his x mark,
Capt. Sam. Magee, his x mark,
Ticbehamia, his x mark,
Doctor Red Bird, his x mark,
Oontoola, his x mark,
Pooshoushabbee, his x mark,
Casania, his x mark,
Joseph Nelson, his x mark,
Unahubbee, his x mark,
Red Duck, his x mark,
Muttahubbee, his x mark,
Capt. Ihokahatubbee, his x mark,
Alex. Hamilton,
Capt. Red Knife, his x mark,
Shapahroma, his x mark,
Capt. Tonnanpoocha, his x mark,
Mechamiabbee, his x mark,
Tuskanohamia, his x mark,
Tookatubbetusea, his x mark,
William Frye, his x mark,
Greenwood Leftore, his x mark,
Archibald McGee, his x mark,
Capt. Ben Burris, his x mark,
Tusconohicca, his x mark,
Capt. Lewis Perry, his x mark,
Henekachubbee, his x mark,
Tussashamia, his x mark,
Capt. Charles Durant, his x mark,
Plate Durant, his x mark
Witnesses present at sealing and signing:
Saml. R. Overton, secretary to the commission,
Eden Brashears,
J. C. Bronaugh, assistant surgeon-general, S. D., U. S. Army,
H. D. Downs,
Wm. F. Cangent,
Wm. M. Graham, first lieutenat, Corps of Artillery,
Andrew J. Donelson, brevet second lieutenant Corps of Engineers and aid-de-camp to General Jackson,
P. A. Vandorn,
John H. Esty,
John Pitchlynn, United States interpreter,
M. Mackey, United States interpreter,
Edmund Folsome, interpreter, X,
James Hughes,
Geo. Fisher,
Jas. Jackson, jr.
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