ARTICLE 1. Peace and friendship are hereby firmly established
and made perpetual, between the United States of America and the
Chickesaw nation of Indians.
ARTICLE 2. To obtain the object of the foregoing article,
the Chickesaw nation of Indians cede to the United States of America,
(with the exception of such reservation as shall be hereafter
mentioned) all claim or title which the said nation has to the
land lying north of the south boundary of the state of Tennessee,
which is bounded south by the thirty-fifth degree of north latitude,
and which lands, hereby ceded, lies within the following boundary,
viz: Beginning on the Tennessee river, about thirty-five miles,
by water, below colonel George Colbert's ferry, where the
thirty-fifth degree of north latitude strikes the same; thence,
due west, with said degree of north latitude, to where it cuts
the Mississippi river at or near the Chickasaw Bluffs; thence,
up the said Mississippi river, to the mouth of the Ohio; thence,
up the Ohio river, to the mouth of Tennessee river; thence, up
the Tennessee river, to the place of beginning.
ARTICLE 3. In consideration of the relinquishment of claim
and cession of lands in the preceding article, and to perpetuate
the happiness of the Chickesaw nation of Indians, the commissioners
of the United States, before named, agree to allow the said nation
the sum of twenty thousand dollars per annum, for fifteen successive
years, to be paid annually; and, as a farther consideration for
the objects aforesaid, and at the request of the chiefs of the
said nation, the commissioners agree to pay captain John Gordon,
of Tennessee, the sum of one thousand one hundred and fifteen
dollars, it being a debt due by general William Colbert,
of said nation, to the aforesaid Gordon; and the further
sum of two thousand dollars, due by said nation of Indians, to
captain David Smith, now of Kentucky, for that sum by him
expended, in supplying himself and forty-five soldiers from Tennessee,
in the year one thousand seven hundred and ninety-five, when assisting
them (at their request and invitation) in defending their towns
against the invasion of the Creek Indians; both which sums, (on
the application of the said nation) is to be paid, within sixty
days after the ratification of this treaty, to the aforesaid Gordon
and Smith.
ARTICLE 4. The commissioners agree, on the further and
particular application of the chiefs, and for the benefit of the
poor and warriors of the said nation, that a tract of land, containing
four miles square, to include a salt lick or springs, on or near
the river Sandy, a branch of the Tennessee river, and within the
land hereby ceded, be reserved, and to be laid off in a square
or oblong, so as to include the best timber, at the option of
their beloved chief Levi Colbert, and major James Brown,
or either of them; who are hereby made agents and trustees for
the nation, to lease the said salt lick or springs, on the following
express conditions, viz: For the benefit of this reservation,
as before recited, the trustees or agents are bound to lease the
said reservation to some citizen or citizens of the United States,
for a reasonable quantity of salt, to be paid annually to the
said nation, for the use thereof; and that, from and after two
years after the ratification of this treaty, no salt, made at
the works to be erected on this reservation, shall be sold within
the limits of the same for a higher price than one dollar per
bushel of fifty pounds weight; on failure of which the lease shall
be forfeited, and the reservation revert to the United States.
ARTICLE 5. The commissioners agree, that there shall be
paid to Oppassantubby, a principal chief of the Chickesaw
nation, within sixty days after the ratification of this treaty,
the sum of five hundred dollars, as a full compensation for the
reservation of two miles square, on the north side of Tennessee
river, secured to him and his heirs by the treaty held, with the
said Chickesaw nation, on the twentieth day of September, 1816;
and the further sum of twenty-five dollars to John Lewis,
a half breed, for a saddle he host while in the service of the
United States; and, to shew the regard the President of the United
States has for the said Chickesaw nation, at the request of the
chiefs of the said nation, the commissioners agree that the sum
of one thousand and eighty-nine dollars shall be paid to Maj.
James Colbert, interpreter, within the period stated in the
first part of this article, it being the amount of a sum of money
taken from his pocket, in the month of June, 1816, at the theatre
in Baltimore: And the said commissioners, as a further regard
for said nation, do agree that the reservations made to George
Colbert and Levi Colbert, in the treaty held at the
council house of said nation, on the twenty-sixth (twentieth)
day of September, 1816, the first to Col. George Colbert,
on the north side of Tennessee river, and those to Maj. Levi
Colbert, on the east side of the Tombigby river, shall enure
to the sole use of the said Col. George Colbert, and Maj.
Levi Colbert, their heirs and assigns, forever, with their
butts and bounds, as defined by said treaty, and agreeable to
the marks and boundaries as laid off and marked by the surveyor
of the United States, where that is the case, and where the reservations
has not been laid off and marked by a surveyor of the United States,
the same shall be so done as soon after the ratification of this
treaty as practicable, on the application of the reservees, or
their legally appointed agent under them, and agreeably to the
definition in the before recited treaty. This agreement is made
on the following express conditions: that the said land, and those
living on it, shall be subject to the laws of the United States,
and all legal taxation that may be imposed on the land or citizens
of the United States inhabiting the territory where said land
is situate. The commissioners further agree, that the reservation
secured to John McCleish, on the north side of Tennessee
river, by the before recited treaty, in consequence of his having
been raised in the state of Tennessee, and marrying a white woman,
shall enure to the sole use of the said John McCleish,
his heirs and assigns, forever, on the same conditions attached
to the lands of Col. George Colbert and Maj. Levi Colbert,
in this article.
ARTICLE 6. The two contracting parties covenant and agree,
that the line of the south boundary of the state of Tennessee,
as described in the second article of this treaty, shall be ascertained
and marked by commissioners appointed by the President of the
United States; that the marks shall be bold; the trees to be blazed
on both sides of the line, and the fore and aft trees marked U.
S.; and that the commissioners shall be attended by two persons,
to be designated by the Chickasaw nation; and the said nation
shall have due and seasonable notice when said operation is to
be commenced. It is further agreed by the commissioners, that
all improvements actually made by individuals of the Chickesaw
nation, which shall be found within the lands ceded by this treaty,
that a fair and reasonable compensation shall be paid therefor,
to the respective individuals having made or owned the same.
ARTICLE 7. In consideration of the friendly and conciliatory
disposition evinced during the negotiation of this treaty, by
the Chickesaw 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
Chickesaws nation, to Teshuamingo, William M'Gilvery,
Anpassantubby, Samuel Seely, James Brown, Levi Colbert, Ickaryoucuttaha,
George Pettygrove, Immartarharmicco, Chickesaw chiefs, and
to Mal-cum M'Gee, interpreter to this treaty, each, one
hundred and fifty dollars, in cash; and to Major William Glover,
Col. George Colbert, Hopoyeahaummar, Immauklusharhopoyea, Tushkarhopoye,
Hopoyea-haummar, jun. Immauklusharhopyea, James Colbert, Coweamarthlar,
lllachouwarhopoyea, military leaders, one hundred dollars
each; and do further agree, that any annuity heretofore secured
to the Chickesaw nation of Indians, by treaty, to be paid in goods,
shall hereafter be paid in cash.
In testimony whereof the said commissioners, and undersigned chiefs
and warriors, have set their hands and seals. Done at the treaty
ground east of Old Town, this nineteenth day of October, in the
year of our Lord one thousand eight hundred and eighteen.
Levi Colbert, his x mark,
Samuel Seely, his x mark,
Chinnubby, King, his x mark,
Teshuamingo, his x mark,
William McGilvery, his x mark,
Arpasheushtubby, his x mark,
James Brown, his x mark,
Ickaryaucuttaha, his x mark,
Georgo Pettygrove; his x mark,
Immartaharmico, his x mark,
Major General William Colbert, his x mark,
Major William Glover, his x mark,
Hopayahaummar, his x mark,
Immouklusharhopoyea, his x mark,
Tuskaehopoyea, his x mark,
Hopoyahaummar, jun. his x mark,
Immaaklusharhopoyea, his x mark,
James Colbert,
Cowemarthlar, his x mark,
Illackhanwarhopoyes, his x mark,
Col. George Colbert, his x mark,
In the presence of
Robert Butler, adjutant-general and secretary,
Th. J. Sherburne, agent for the Chickasaw nation of Indians,
Malculm McGee, interpreter, his x mark,
Martin Colbert,
J. C. Bronaugh, assistant inspector general S. D.,
Thos. H. Shelby, of Kentucky,
R. K. Call, Captain U. S. Army,
Benjamin Smith, of Kentucky,
Richard I. Easter, A. D. Q. M. General.
M. B. Winchester,
W. B. Lewis.
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