ARTICLE 1. Peace and friendship are hereby firmly established,
and perpetuated, between the United States of America and Chickasaw
nation.
ARTICLE 2. The Chickasaw nation cede to the United States
(with the exception of such reservations as shall hereafter be
specified) all right or title to lands on the north side of the
Tennessee river, and relinquish all claim to territory on the
south side of said river, and east of a line commencing at the
mouth of Caney creek, running up said creek to its source, thence
a due south course to the ridge path, or commonly called Gaines's
road, along said road south westwardly to a point on the Tombigby
river, well known by the name of the Cotton Gin port, and down
the west bank of the Tombigby to the Chocktaw boundary.
ARTICLE 3. In consideration of the relinquishment of
claim, and cession of lands, made in the preceding article, the
commissioners agree to allow the Chickasaw nation twelve thousand
dollars per annum for ten successive years, and four thousand
five hundred dollars to be paid in sixty days after the ratification
of this treaty into the hands of Levi Colbert, as a compensation
for any improvements which individuals of the Chickasaw nation
may have had on the lands surrendered; that is to say, two thousand
dollars for improvements on the east side of the Tombigby, and
two thousand five hundred dollars for improvements on the north
side of the Tennessee river.
ARTICLE 4. The commissioners agree that the following
tracts of land shall be reserved to the Chickasaw nation:
First. One tract of land for the use of Col. George
Colbert and heirs, and which is thus described by said Colbert:
"Beginning on the north bank of the Tennessee river, at
a point that, running north four miles, will include a big spring,
about half way between his ferry and the mouth of Cypress, it
being a spring that a large cow-path crosses its branch near
where a cypress tree is cut down; thence westwardly to a point,
four miles from the Tennessee river, and standing due north
of a point on the north bank of the river, three (four) miles
below his ferry on the Tennessee river, and up the meanders of
said river to the beginning point."
Second. A tract of land two miles square on the north
bank of the Tennessee river, and at its junction with Beach creek,
for the use of Appassan Tubby and heirs.
Third. A tract of land one mile square, on the north side
of the Tennessee river, for the use of John M'Cleish and
heirs, the said tract to be so run as to include the said M'Cleish's
settlement and improvements on the north side of Buffalo creek.
Fourth. Two tracts of land, containing forty acres each,
on the south side of Tennessee river, and about two and a half
miles below the Cotton Gin port, on the Tombigby river, which
tracts of land will be pointed out by Major Levi Colbert,
and for the use of said Colbert and heirs.
It is stipulated that the above reservations shall appertain
to the Chickasaw nation only so long as they shall be occupied,
cultivated, or used, by the present proprietors or heirs, and
in the event of all or either of said tracts of land, so reserved,
being abandoned by the present proprietors or heirs, each tract
or tracts of land, so abandoned, shall revert to the United States
as a portion of that territory ceded by the second article of
this treaty.
ARTICLE 5. The two contracting parties covenant and agree
that the line on the south side of the Tennessee river, as described
in the second article of this treaty, shall be ascertained and
marked by commissioners to be appointed by the president of the
United States; that the marks shall be bold; trees to be blazed
on both sides of the line, and the fore and aft trees to be marked
with the letters U.S. That the commissioners shall be attended
by two persons to be designated by the Chickasaw nation, and
that the said nation shall have due and seasonable notice when
said operation is to be commenced.
ARTICLE 6. In consideration of the conciliatory disposition
evinced, during the negotiation of this treaty, by the Chickasaw
chiefs and warriors, but more particularly as a manifestation
of the friendship and liberality of the president of the United
States, the commissioners agree to give, on the ratification
of this treaty, to Chinnubby, king of the Chickasaws,
to Tishshominco, William M'Gilvery, Arpasarshtubby,
Samuel Scely, James Brown, Levi Colbert, Ickaryoucullaha, George
Pettygrove, Immartarharmicko, Chickasaw chiefs, and to
Malcolm M'Gee interpreter one hundred and fifty dollars each,
in goods or cash, as may be preferred, and to major William
Glover, colonel George Colbert, Capt. Rabbitt,
Hoparyeahoummar, Immoukelourshsharhoparyea, Hoparyea, Houllartir,
Tushkerhopoyyea, Hoparyeahoummar, jun. Immoukelusharhopoyyea,
James Colbert, Coweamarthlar, and Iilna-chouwarhopoyyea,
military leaders, one hundred dollars each; and, as a particular
mark of distinction and favor for his long services and faithful
adherence to the United States government, the commissioners
agree to allow to general William Colbert an annuity of
one hundred dollars for and during his life.
ARTICLE 7. "Whereas the chiefs and warriors of the
Chickasaw nation have found, from experience, that the crowd
of pedlars, who are constantly traversing their nation from one
end to the other, is of a serious disadvantage to the nation;
that serious misunderstandings and disputes frequently take place,
as well as frauds, which are often practised on the ignorant
and uninformed of the nation, therefore it is agreed by the commissioners
on the part of the government, and the chiefs of the nation,
that no more licenses shall be granted by the agent of the Chickasaws
to entitle any person or persons to trade or traffic merchandise
in said nation; and that any person or persons, whomsoever, of
the white people, who shall bring goods and sell them in the
nation, contrary to this article, shall forfeit the whole of
his or their goods, one half to the nation and the other half
to the government of the United States; in all cases where this
article is violated, and the goods are taken or seized, they
shall be delivered up to the agent, who shall hear the testimony
and judge accordingly."
This article was presented to the commissioners by the chiefs
and warriors of the Chickasaw nation, and by their particular
solicitation embraced in this treaty.
In testimony whereof, the said commissioners and undersigned
chiefs and warriors have set their hands and seals.
Done at the Chickasaw council house, this twentieth day of September,
in the year of our Lord one thousand eight hundred and sixteen.
Chinnubby, King, his x mark,
Tishshomingo, his x mark,
William McGilvery, his x mark,
Arpasarhtubby, his x mark,
Samuel Seeley, his x mark,
James Brown, his x mark,
Levi Colbert, his x mark,
Ickaryoucuttaha, his x mark,
George Pettygrove, his x mark,
Immartarharmicco, his x mark,
Maj. Gen. Wm. Colbert, his x mark,
Major William Glover, his x mark,
Major George Colbert, his x mark,
Captain Rabbit, his x mark,
Horoyeahoummar, his x mark,
Immouklusharhopoyea, his x mark,
Hopoyeahoullarter, his x mark,
Tushkarhopoyea, his x mark,
Hopoyeahoummar, jr., his x mark,
Immouklusharhopyea, his x mark,
James Colbert, his x mark,
Coweamarthtar, his x mark,
Illachouwarhopoyea, his x mark,
Witness:
James Gadsden, secretary,
William Cocke,
John Rhea,
Malcum McGee,
James Colbert, interpreter.
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