ARTICLE 1. The Chickasaw Nation hereby cede to the United
States all the lands owned and possessed by them, on the East
side of the Mississippi River, where they at present reside, and
which lie north of the following boundary, viz: beginning at the
mouth of the Oacktibbyhaw (or Tibbee) creek; thence, up the same,
to a point, being a marked tree, on the old Natchez road, about
one mile Southwardly from Wall's old place; thence, with
the Choctaw boundary, and along it, Westwardly, through the Tunicha
old fields, to a point on the Mississippe river, about twenty-eight
miles, by water, below where the St. Francis river enters said
stream, on the West side. All the lands North, and North-East
of said boundary, to latitude thirty-five North the South boundary
of the State of Tennessee, being owned by the Chickasaws, are
hereby ceded to the United States.
ARTICLE 2. In consideration of said cession, the United States agree to furnish to the Chickasaw Nation of Indians, a country, West of the territory of Arkansaw, to lie South of latitude thirty-six degrees and a half, and of equal extent with the one ceded; and in all respects as to timber, water and soil, it shall be suited to the wants and condition of said Chickasaw people. It is agreed further, that the United States will send one or more commissioners to examine and select a country of the description stated, who shall be accompanied by an interpreter and not more than twelve persons of the Chickasaws, to be chosen by the nation, to examine said country; and who, for their expenses and services, shall be allowed two dollars a day each, while so engaged. If, after proper examination, a country suitable to their wants and condition can not be found; then, it is stipulated and agreed, that this treaty, and all its provisions, shall be considered null and void. But, if a country shall be found and approved, the President of the United States shall cause a grant in fee simple to be made out, to be signed by him as other grants are usually signed, conveying the country to the Chickasaw people, and to their children, so long as they shall continue to exist as a nation, and shall reside upon the same.
ARTICLE 3. The Chickasaws being a weak tribe, it is stipulated
that the United States will, at all times, extend to them their
protection and care against enemies of every description, but
it is, at the same time, agreed, that they shall act peacably,
and never make war, nor resort to arms, except with the consent
and approval of the President, unless in cases where they may
be invaded by some hostile power or tribe.
ARTICLE 4. As further consideration, the United States
agree, that each warrior and widow having a family, and each white
man, having an Indian family, shall be entitled to a half section
of land, and if they have no family, to half that quantity. The
delegation present, having full knowledge of the population of
their country, stipulate, that the first class of cases (those
with families), shall not exceed five hundred, and that the other
class shall not exceed one hundred persons. The reservations secured
under this article, shall be granted in fee simple, to those who
choose to remain, and become subject to the laws of the whites;
and who, having recorded such intention with the agent, before
the time of the first removal, shall continue to reside upon,
and cultivate the same, for five years; at the expiration of which
time, a grant shall be issued. But should they prefer to remove,
and actually remove, then the United States, in lieu of such reservations,
will pay for the same, at the rate of one dollar and a half per
acre; the same to be paid in ten equal, annual instalments, to
commence after the period of the ratification of this treaty,
if, at that time, they shall have removed.
ARTICLE 5. It is agreed, that the United States, as further
consideration, will pay to said Nation of Indians, fifteen thousand
dollars annually, for twenty years; the first payment to be made
after their removal shall take place, and they be settled at their
new homes, West of the Mississippi.
ARTICLE 6. Whereas Levi Clolbert, George Colbert, Tishimingo,
William McGilvery and Saml. Seeley Senr., have been
long known, as faithful and steady friends of the United States,
and regardless of the interest of their own people; to afford
them an earnest of our good feeling, now that they are about to
seek a new home; the commissioners, of their own accord, and without
any thing of solicitation or request, on the part of said persons,
have proposed, and do agree, that they have reservations of four
sections each, to include their present improvements, as nearly
as may be; or, if they have improvements at any other place than
one, then, equally to divide said reservations, so that two sections
may be laid off at one place of improvement, and two at another;
or, the whole at one place, as the party entitled may choose.
They shall be entitled to the same in fee simple, to be resided
upon; or, if they prefer it, they may, with the consent of the
President, sell and convey the same, in fee. And it is further
agreed, that upon the same terms and conditions, a reservation
of two sections, to be surveyed together, and to include the improvements
of the party entitled, shall and the same is hereby declared to
be, secured to Capt. James Brown, James Colbert, John McLish
& Isaac Alberson.
ARTICLE 7. The delegation having selected the following
persons, as worthy their regard and confidence, to wit; Ish
to yo to pe, To pul ka, Ish te ke yo ka tubbe, lsh te ke cha,
E le paum be, Piste la tubbe, Ish tim mo lat ka, Pis ta tubbe,
Im mo hoal te tubbe, Ba ka tubbe, Ish to ye tubbe, Ah to ko wa,
Pak la na ya ubbe, In hie yo che tubbe, Thomas Seally, Tum ma
sheck ah, Im mo la subbe, Am le mi ya tubbe; Benjamin Love
and Malcomb McGee;it is consented that each of said persons
shall be entitled to a reservation of one section of land, to
be located in a body, to include their present improvement, and
upon which, intending to become resident citizens of the country,
they may continue, and at the end of five years, shall receive
a grant for the same; or, should they prefer to remove, they shall
be entitled, in lieu thereof, to receive from the United States,
one dollar and twenty-five cents per acre for the same, to be
paid in two equal, annual instalments, to commence after the ratification
of this treaty, and after the nation shall have removed.
ARTICLE 8. No person receiving a special reservation, shall
be entitled to claim any further reservation, under the provisions
of the fourth article of this treaty.
ARTICLE 9. At the request of the delegation, it is agreed
that Levi Colbert shall have an additional section of land,
to that granted him in the 6th article, to be located where he
may prefer, and subject to the conditions contained in said sixth
article.
ARTICLE 10. All the reservations made by this treaty, shall
be in sections, half sections, or quarter sections, agreeably
to the legal surveys made, and shall include the present houses
and improvements of the reservees, as nearly as may be.
ARTICLE 11. It is agreed that the Chickasaw people, in
removing to their new homes, shall go there at the expense of
the United States; and that when they shall have arrived at their
new homes, the United States will furnish to each one, for the
space of one year, meat and corn rations, for himself and his
family; that thereby, time may be afforded to clear the ground,
and prepare a crop. And the better to effect this object, it is
agreed that one-half the nation shall remove in the fall of 1831,
and the other half the following fall. The supplies to be furnished
by the United States, are to be delivered at one or two places
in the nation, which shall be as convenient to the body of the
people as may be practicable; having regard to the position or
places, where the supplies may be had or deposited, with the greatest
convenience, and least expense to the United States.
ARTICLE 12. The United States, at the time of the removal
of each portion of the nation, at the valuation of some respectable
person, to be appointed by the President, agree to purchase all
the stock they may desire to part with, (except horses), and to
pay them therefor, at their new homes, as early as practicable
after the ratification of this treaty. Also, to receive their
agricultural and farming utencils, and to furnish them, at the
West, with axes, hoes and ploughs, suited to their wants respectively.
Also, to furnish each family with a spinning wheel and cards,
and a loom to every six families.
ARTICLE 13. A council house, and two houses of public worship,
which may be used for the purposes of schools, shall be built
by the United States; and the sum of four thousand dollars shall
be appropriated for that purpose. Also, one blacksmith, and no
more, shall be employed at the expense of the government, for
twenty years, for the use of the Indians; and a mill-wright for
five years, to aid them in erecting their saw and grist-mills.
ARTICLE 14. The sum of two thousand dollars a year, shall
be paid for ten years, for the purpose of employing suitable teachers
of the Christian religion, and superintending common schools in
the nation. And it is further consented, that twenty Chickasaw
boys of promise, from time to time, for the period of twenty years,
shall be selected from the nation by the chiefs, to be educated
within the States at the expense of the United States, under the
direction of the Secretary of War.
ARTICLE 15. A desire having been expressed by Levi Colbert, that two of his younger sons, Abijah Jackson Colbert, and Andrew Morgan Colbert, aged seven and five years, might be educated under the direction and care of the President of the United States; and George Colbert having also expressed a wish that his grand-son, Andrew Frazier, aged about twelve years, might have a similar attention: It is consented, that at a proper age, as far as they may be found to have capacity, they shall receive a liberal education, at the expense of the United States, under the direction and control of the President.
ARTICLE 16. The United States shall have authority, after
the ratification of this treaty by the Senate, to survey and prepare
the country for sale; but no sale shall take place before the
fall of 1832, or until they shall remove. And that every clause
and article herein contained may be strictfully fulfilled; it
is stipulated and agreed, that the lands herein ceded shall be,
and the same are hereby pledged, for the payment of the several
sums which are secured and directed to be paid, under the several
provisions of this treaty.
ARTICLE 17. The United States, and the Chickasaw nation
of Indians herein stipulate, that perpetual peace, and unaltered
and lasting friendship, shall be maintained between them.
It is agreed, that the President of the United States will use
his good offices, and kind mediation, and make a request of the
governor and legislature of the State of Mississippi, not to extend
their laws over the Chickasaws; or to suspend their operation,
until they shall have time to remove, as limited in this treaty.
In witness of all and every thing herein determined, between the
United States, and the delegation representing the whole Chickasaw
nation, the parties have hereunto set their hands and seals, at
Franklin, Tennessee, within the United States, this thirty-first
day of August, one thousand, eight hundred and thirty.
Levi Colbert, his x mark.
George Colbert, his x mark.
James Colbert, his x mark.
Wm. McGilvery, his x mark.
James Brown, his x mark.
Isaac Alberson, his x mark.
To pul ka, his x mark.
Ish te ke yo ka tubbe, his x mark.
Ish te ke cha, his x mark.
Im me houl te tubbe, his x mark.
In ha yo chet tubbe, his x mark.
Ish te ya tubbe, his x mark.
Ah to ko wa, his x mark.
Ook la na ya ubbc, his x mark.
Im mo la subbe, his x mark.
Hush tata be, his x mark.
In no wake che, his x mark.
Oh he cubbe, his x mark.
Kin hi the, his x mark.
J. McLish.
Signed in presence of us,
Preston Hay, Secretary.
Benj. Reynolds, U. S. agent.
Benjamin Love, interpreter.
R. M. Gavock.
R. P. Currin.
Lemuel Smith.
Leml. Donelson.
Jos. H. Fry.
James H. Wilson.
J. R. Davis.
Articles, supplementary to a treaty this day entered into, between
John H. Eaton and John Coffee, on the part of the
United States, and the Chiefs of the Chickasaw nation.
1. It is agreed that the United States will furnish the Chickasaw
nation, to be distributed by the agent, under the direction of
the chiefs, at or before the time of their removal West of the
Mississippi river, three hundred rifles, with moulds and wipers;
also, three hundred pounds of good powder, and twelve hundred
pounds of lead. They will also furnish as aforesaid, three hundred
copper or brass kettles, and six hundred blankets. Likewise three
thousand weight of leaf tobacco.
2. Colbert's Island, in the Tennessee river, just below the mouth of Caney Creek, supposed to contain five hundred acres, has always been in the use and occupancy of George Colbert, and has been admitted by the nation, to be his individual property. It is agreed now, that he shall be recognized, as having a title to the same, and that he shall receive from the United States, in consideration of it, one thousand dollars, to be paid in one year after the Chickasaws shall remove to their new homes.
3. James Colbert has represented, that he has a claim of
thirteen hundred dollars, of money due from a citizen of the United
States;-that he has become insolvent, and is unable to pay it.
It is further represented, that by the rule of the Chickasaw people,
where an Indian cannot pay a debt due to a white man, the nation
assumes it. Also, Levi Colbert shews, that some time since,
he purchased of a white citizen, a horse which was stolen, and
proven and taken out of his possession, as stolen property, for
which he has not, and cannot, obtain remuneration. Being now about
to leave their ancient homes, for a new one, too distant to attend
to their business here; it is agreed that a section of land may
be located and reserved, to be bound by sectional lines; which
land, with the consent of the President, they may sell.
4. The Chickasaw delegation request, that a reservation of land
may be made in favor of their excellent agent, Col. Benjamin
Reynolds, who, since he has been among them, that we must from necessity, if we wish to preserve ourselves
as a nation that we must seek a home in an unknown region of the
west.
Friends & Brothers
We are informed by our Father the President of the U. States,
that states have been formed a round us and now claim the right
of extending her laws through out her teritorial limits consequently
subject us to her civil and criminal laws. Should we find it expediant
to remain where we are & the States of Mississippi and Alabama
extend their laws over us, we would view it an act of usurpation
on their part, unwarranted by the the constitution of the U. States
and treaties that now exist, unpareled in history, and in many
instance the greatest grivances and hardships would be imposed
upon us.
Our Father the President informed us that we will be subjected
only to such laws as govern the whites, and that courts will be
open for the redress of wrongs that will be done to us, as well
as for wrongs that the Indians may do to the white man. This may
at the first view appear fare and Just and in Fact would be provided
that our people possessed an equal education and intellegence
that is difused amongst our white brothers.
Father
Your red children view this state of thing with feeling of the
deepest respect, and are strongly impressed with the belief that
you sincerly feel a desire to make us happy. Also that the citizens
of the State of Mississippi and Alabama, are perfectly aware that
by the extention of their laws over us it would not Benefit them
one cent, but to affect an object so desirable to themselves,
that is to drive use from our homes and take possession of our
lands.
Father
You call us your children whom you profess to have the highest
regard for, we know you are sincere in your profession and it
creates in our bosoms the warmest feelings of affection towards
you as the great Father & protector of your white & red
children, but we humbly beg leave to represent to you that we
now conceive that we have now arrived to the age of maturity and
that we may continue to act in this important occasion as will
be best calculated to obtain as desirable an object, Peace, Quietness,
and a perpetual home -- and at the same time, we feel a disposition
to accomodate the views of our Father in exchange of country as
you have propossed if you will let us examine your country and
we can find one that you have not already disposed of that will
be equal to the one we now occupy, we will then talk in fairness
about exchange, candid towards you, and Justice to our selves
commpells us to say to you that we cannot consent to exchange
the country where we now live for one that we never have seen.
J McLish Secretary for the Nation
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