WHEREAS a Treaty of friendship, and limits, and accommodation,
having been entered into at Doake's Stand, on the eighteenth of
October, in the year one thousand eight hundred and twenty, between
Andrew Jackson and Thomas Hinds, Commissioners on
the part of the United States, and the Chiefs and Warriors of
the Choctaw Nation of Indians; and whereas the second article
of the Treaty aforesaid provides for a cession of lands, west
of the Mississippi, to the Choctaw Nation, in part satisfaction
for lands ceded by said Nation to the United States, according
to the first article of said treaty: And whereas it being ascertained
that the cession aforesaid embraces a large number of settlers,
citizens of the United States; and it being the desire of the
President of the United States to obviate all difficulties resulting
therefrom, and also, to adjust other matters in which both the
United States and the Choctaw Nation are interested: the following
articles have been agreed upon, and concluded, between John
C. Calhoun, Secretary of War, specially authorized therefor
by the President of the United States, on the one part, and the
undersigned Delegates of the Choctaw Nation, on the other part:
ARTICLE l. The Choctaw Nation do hereby cede to the United
States all that portion of the land ceded to them by the second
article of the Treaty of Doak Stand, as aforesaid, lying east
of a line beginning on the Arkansas, one hundred paces east of
Fort Smith, and running thence, due south, to Red river: it being
understood that this line shall constitute, and remain, the permanent
boundary between the United States and the Choctaws; and the United
States agreeing to remove such citizens as may be settled on the
west side, to the east side of said line, and prevent future settlements
from being made on the west thereof.
ARTICLE 2. In consideration of the cession aforesaid, the
United States do hereby agree to pay the said Choctaw Nation the
sum of six thousand dollars, annually, forever; it being agreed
that the said sum of six thousand dollars shall be annually applied,
for the term of twenty years, under the direction of the President
of the United States, to the support of schools in said nation,
and extending to it the benefits of instruction in the mechanic
and ordinary arts of life; when, at the expiration of twenty years,
it is agreed that the said annuity may be vested in stocks, or
otherwise disposed of, or continued, at the option of the Choctaw
nation.
ARTICLE 3. The eighth article of the treaty aforesaid having
provided that an appropriation of lands shall be made for the
purpose of raising six thousand dollars a year for sixteen years,
for the use of the Choctaw Nation; and it being desirable to avoid
the delay and expense attending the survey and sale of said land;
the United States do hereby agree to pay the Choctaw Nation, in
lieu thereof, the sum of six thousand dollars, annually, for sixteen
years, to commence with the present year. And the United States
further stipulate and agree to take immediate measures to survey
and bring into market, and sell, the fifty-four sections of land
set apart by the seventh article of the treaty aforesaid, and
apply the proceeds in the manner provided by the said article.
ARTICLE 4. It is provided by the ninth section of the treaty
aforesaid, that all those of the Choctaw Nation who have separate
settlements, and fall within the limits of the land ceded by said
Nation to the United States, and desire to remain where they now
reside, shall be secured in a tract or parcel of land, one mile
square, to include their improvements. It is, therefore, hereby
agreed, that all who have reservations in conformity to said stipulation,
shall have power, with the consent of the President of the United
States, to sell and convey the same in fee simple. It is further
agreed, on the part of the United States, that those Choctaws,
not exceeding four in number, who applied for reservations, and
received the recommendation of the Commissioners, as per annexed
copy of said recommendation, shall have the privilege, and the
right is hereby given to them, to select, each of them, a portion
of land, not exceeding a mile square, any where within the limits
of the cession of 1820, when the land is not occupied or disposed
of by the United States; and the right to sell and convey the
same, with the consent of the President, in fee simple, is hereby
granted.
ARTICLE 5. There being a debt due by individuals of the
Choctaw Nation to the late United States trading house on the
Tombigby, the United States hereby agree to relinquish the same;
the Delegation, on the part of their nation, agreeing to relinquish
their claim upon the United States, to send a factor with goods
to supply the wants of the Choctaws west of the Mississippi, as
provided for by the 6th article of the treaty aforesaid.
ARTICLE 6. The Choctaw nation having a claim upon the United
States, for services rendered in the Pensacola Campaign, and for
which it is stipulated, in the 11th article of the treaty aforesaid,
that payment shall be made, but which has been delayed for want
of the proper vouchers, which it has been found, as yet, impossible
to obtain; the United States, to obviate the inconvenience of
further delay, and to render justice to the Choctaw Warriors for
their services in that campaign, do hereby agree upon an equitable
settlement of the same, and fix the sum at fourteen thousand nine
hundred and seventy-two dollars fifty cents; which, from the muster
rolls, and other evidence in the possession of the Third Auditor,
appears to be about the probable amount due, for the services
aforesaid, and which sum shall be immediately paid to the Delegation,
to be distributed by them to the Chiefs and Warriors of their
nation, who served in the campaign aforesaid, as may appear to
them to be just.
ARTICLE 7. It is further agreed, that the fourth article
of the treaty aforesaid, shall be so modified, as that the Congress
of the United States shall not exercise the power of apportioning
the lands, for the benefit of each family, or individual, of the
Choctaw Nation, and of bringing them under the laws of the United
States, but with the consent of the Choctaw Nation.
ARTICLE 8. It appearing that the Choctaws have various
claims against citizens of the United States, for spoliations
of various kinds, but which they have not been able to support
by the testimony of white men, as they were led to believe was
necessary, the United States, in order to a final settlement of
all such claims, do hereby agree to pay to the Choctaw Delegation,
the sum of two thousand dollars, to be distributed by them in
such way, among the claimants, as they may deem equitable. It
being understood that this provision is not to affect such claims
as may be properly authenticated, according to the provision of
the act of 1802.
ARTICLE 9. It is further agreed that, immediately upon
the Ratification of this Treaty, or as soon thereafter as may
be, an agent shall be appointed for the Choctaws West of the Mississippi,
and a Blacksmith be settled among them, in conformity with the
stipulation contained in the 6th Article of the Treaty of 1820.
ARTICLE 10. The Chief Puck-she-nubbee, one of the
members of the Delegation, having died on his journey to see the
President, and Robert Cole being recommended by the Delegation
as his successor, it is hereby agreed, that the said Robert
Cole shall reserve the medal which appertains to the office
of Chief, and, also, an annuity from the United States, of one
hundred and fifty dollars a year, during his natural life, as
was received by his predecessor.
ARTICLE 11. The friendship heretofore existing between
the United States and the Choctaw Nation, is hereby renewed and
perpetuated.
ARTICLE 12. 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 said John C, Calhoun, and the
said delegates of the Choctaw nation, have hereunto set their
hands, at the city of Washington, the twentieth day of January,
one thousand eight hundred and twenty-five.
Mooshulatubbee, his x mark,
Robert Cole, his x mark,
Daniel McCurtain, his x mark,
Talking Warrior, his x mark,
Red Fort, his x mark,
Nittuckachee, his x mark,
David Folsom, his x mark,
J. L. McDonald.
In presence of
Thos. L. McKenney,
Hezekiah Miller,
John Pitchlynn, United States interpreter.
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