Tuesday, August 23, 2011

TREATIES WITH THE CHOCTAWS CHICKASAW 1786-1870

[TREATIES WITH THE CHOCTAWS CHICKASAW]

Treaty With The Choctaw, January 3, 1786

Treaty With The Choctaw, October 17, 1801

Treaty With The Choctaw, October 17, 1802

Treaty With The Choctaw, August 31, 1803 1803

Treaty With The Choctaw, November 16, 1805

Treaty with the Choctaw, October 24, 1816

Treaty with the Choctaw, October 18, 1820

Treaty with the Choctaw, January 20, 1825

Treaty With The Choctaw, September 27, 1830

Treaty With The Comanche, Etc., August 24, 1835

Treaty With The Choctaw And Chickasaw, January 17, 1837

Treaty With The Choctaw And Chickasaw, November 4, 1854

Treaty With The Choctaw And Chickasaw, June 22, 1855

Treaty of Dancing Rabbit Creek, September 27, 1870

Supplementary Articles to Treaty

Act for Allotment of Lands

Agreement With The Cherokee and other Tribes in The Indian Territory, September 13, 1865

Treaty With The Comanche And Kiowa, October 18, 1865

Treaty with the Choctaw and Chickasaw, April 28, 1866

Jan 3, 1786 Treaty of Hopewell

Articles of a treaty concluded at Hopewell, on the Keowee, near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens and Joseph Martin, Commissioners Plenipotentiary of the United States of America, of the one part; and of Yockonahoma, great Medal Chief of Soonacoha; Yockehoopoie, leading Chief of Bugtoogoloo; Mingo-hoopoie, leading Chief of Hashooqua; Tobocoh, great Medal Chief of Congetoo; Pooshemastubie, Gorget Captain of Senayazo; and thirteen small medal Chiefs of the first Class, twelve Medal and Gorget Captains, Commissioners Plenipotentiary of all the Choctaw Nation, of the other part.

The Commissioners Plenipotentiary of the United States of America give peace to all the Choctaw nation, and receive them into the favor and protection of the United States of America, on the following conditions:

Article 1. The Commissioners Plenipotentiary of all the Choctaw nation, shall restore all the prisoners, citizens of the United States, or subjects of their allies, to their entire liberty, if any there be in the Choctaw nation. They shall also restore all the negroes, and all other property taken during the late war, from the citizens, to such person, and at such time and place as the Commissioners of the United States of America shall appoint, if any there be in the Choctaw nation.

Article 2. The Commissioners Plenipotentiary of all the Choctaw nation, do hereby acknowledge the tribes and towns of the said nation, and the lands within the boundary allotted to the said Indians to live and hunt on, as mentioned in the third article, to be under the protection of the United States of America, and of no other sovereign whosoever.

Article 3. The boundary of the lands hereby allotted to the Choctaw nation to live and hunt on, within the limits of the United States of America, is and shall be the following, viz. Beginning at a point on the thirty-first degree of north latitude, where the Eastern boundary of the Natches district shall touch the same; thence east along the said thirty-first degree of north latitude being the southern boundary of the United States of America, until it shall strike the eastern boundary of the lands on which the Indians of the said nation did live and hunt on the twenty-ninth of November, one thousand seven hundred and eighty-two, while they were under the protection of the King of Great-Britain; thence northerly along the said eastern boundary, until it shall meet the northern boundary of the said lands; thence westerly along the said northern boundary, until it shall meet the western boundary thereof; thence southerly along the same to the beginning: saving and reserving for the establishment of trading posts, three tracts or parcels of land of six miles square each, at such places as the United States in Congress assembled shall think proper; which posts, and the lands annexed to them, shall be to the use and under the government of the United States of America.

Article 4. If any citizen of the United States, or other person not being an Indian, shall attempt to settle on any of the lands hereby allotted to the Indians to live and hunt on, such person shall forfeit the protection of the United States of America, and the Indians may punish him or not as they please.

Article 5. If any Indian or Indians, or persons, residing among them, or who shall take refuge in their nation, shall commit a robbery or murder or other capital crime on any citizen of the United States of America, or person under their protection, the tribe to which such offender may belong, or the nation, shall be bound to deliver him or them up to be punished according to the ordinances of the United States in Congress assembled: Provided, that the punishment shall not be greater than if the robbery or murder, or other capital crime, had been committed by a citizen on a citizen.

Article 6. If any citizen of the United States of America, or person under their protection, shall commit a robbery or murder, or other capital crime on any Indian, such offender or offenders shall be punished in the same manner as if the robbery or murder, or other capital crime, had been committed on a citizen of the United States of America; and the punishment shall be in presence of some of the Choctaws, if any will attend at the time and place; and that they may have an opportunity so to do, due notice, if practicable, of the time of such intended punishment, shall be sent to some one of the tribes.

Article 7. It is understood that the punishment of the innocent, under the idea of retaliation, is unjust, and shall not be practiced on either side, except where there is a manifest violation of this treaty; and then it shall be preceded, first by a demand of justice, and if refused, then by a declaration of hostilities.

Article 8. For the benefit and comfort of the Indians, and for the prevention of injuries or oppressions on the part of the citizens or Indians, the United States in Congress assembled, shall have the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.

Article 9. Until the pleasure of Congress be known, respecting the eighth article, all traders, citizens of the United States of America, shall have liberty to go to any of the tribes or towns of the Choctaws, to trade with them, and they shall be protected in their persons and property and kindly treated.

Article 10. The said Indians shall give notice to the citizens of the United State of America, of any designs which they may know or suspect to be formed in any neighboring tribe, or by any person whosoever, against the peace, trade or interest of the United States of America.

Article 11. The hatchet shall be forever buried, and the peace given by the United States of America, and friendship re-established between the said states on the one part, and all the Choctaw nation on the other part, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friend ship re-established.

In witness of all and every thing herein determined, between the United States of America and all the Choctaws, we, their underwritten commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed.

Done at Hopewell, on the Keowee, this third day of January, in the year of our Lord one thousand seven hundred and eighty-six.

Benjamin Hawkins
Andrew Pickens
Jos. Martin

Yockenahoma, his x mark
Yockehoopoie, his x mark
Mingohoopoie, his x mark
Tobocoh, his x mark
Pooshemastuby, his x mark
Pooshahooma, his x mark
Tuscoonoohoopoie, his x mark
Shinshemastuby, his x mark
Yoopahooma, his x mark
Stoonokoohoopoie, his x mark
Tehakuhbay, his x mark
Pooshemastuby, his x mark
Tuskkahoomoih, his x mark
Tushkahoomock, his x mark
Yoostenochla, his x mark
Tootehooma, his x mark
Toobenohoomoch, his x mark
Cshecoopoohoomoch, his x mark
Stonakoohoopoie, his x mark
Tushkoheegohta, his x mark
Teshuhenochloch, his x mark
Pooshonaltla, his x mark
Okanconnooba, his x mark
Autoonachuba, his x mark
Pangehooloch, his x mark
Steabee, his x mark
Tenetchenna, his x mark
Tushkementahock, his x mark
Tushtallay, his x mark
Cshnaangchabba, his x mark
Cunnopoie, his x mark

Witness:

Wm. Blount
John Woods
Saml. Taylor
Robert Anderson
Benj. Lawrence
John Pitchlynn
James Cole
Interpreters
Source: Indian Treaties, Acts and Agreements
**

Treaty With The Choctaw, October 17, 1801

A treaty of friendship, limits and accommodation between the United States of America and the Chactaw nation of Indians.

Thomas Jefferson, President of the United States of America, by James Wilkinson, of the state of Maryland, Brigadier-General in the army of the United States, Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, commissioners plenipotentiary of the United States on the one part, and the Mingos, principal men and warriors of the Chactaw nation, representing the said nation in council assembled, on the other part, have entered into the following articles and conditions, viz:

Article 1. Whereas the United States in Congress assembled, did by their commissioners Plenipotentiary, Benjamin Hawkins, Andrew Pickens, and Joseph Martin, at a treaty held with the chiefs and head men of the Chactaw nation at Hopewell, on the Keowe, the third day of January, in the year of our Lord, one thousand seven hundred and eighty-six, give peace to the said nation, and receive it into the favor and protection of the United States of America; it is agreed by the parties to these presents respectively, that the Chactaw nation, or such part of it as may reside within the limits of the United States, shall be and continue under the care and protection of the said States; and that the mutual confidence and friendship which are hereby acknowledged to subsist between the contracting parties shall be maintained and perpetuated.

Article 2. The Mingos principal men and warriors of the Chactaw nation of Indians, do hereby give their free consent, that a convenient and durable wagon way may be explored, marked, opened and made under the orders and instructions of the President of the United States through their lands to commence at the northern extremity of the settlements of the Mississippi Territory, and to be extended from thence, by such route as may be selected and surveyed under the authority of the President of the United States, until it shall strike the lands claimed by the Chickasaw nation; and the same shall be and continue for ever, a high-way for the citizens of the United States and the Chactaw; and the said Chactaw shall nominate two discreet men from their nation, who may be employed as assistants, guides or pilots, during the time of laying out and opening the said high-way, or so long as may be deemed expedient, under the direction of the officer charged with this duty, who shall receive a reasonable compensation for their services.

Article 3. The two contracting parties covenant and agree that the old line of demarcation heretofore established by and between the officers of his Britannic Majesty and the Chactaw Nation, which runs in a parallel direction with the Mississippi River and eastward thereof, shall be retraced and plainly marked, in such way and manner as the President may direct, in the presence of two persons to be appointed by the said nation; and that the said line shall be the boundary between the settlements of the Mississippi Territory and the Chactaw Nation. And the said nation does by these presents relinquish to the United States and quit claim for ever, all their right, title and pretension to the land lying between the said line and the Mississippi river, bounded south by the thirty-first degree of north latitude, and north by the Yazoo River, where the said line shall strike the same; and on the part of the commissioners it is agreed, that all persons who may be settled beyond this line, shall be removed within it, on the side towards the Mississippi, together with their slaves, household furniture, tools, materials and stock, and that the cabins or houses erected by such persons shall be demolished.

Article 4. The President of the United States may, at his discretion, proceed to execute the second article of this treaty; and the third article shall be carried into effect as soon as may be convenient to the government of the United States, and without unnecessary delay on the one part or the other, of which the President shall be the judge; the Chactaws to be seasonably advised, by order of the President of the United States, of the time when, and the place where, the re-survey and re-marking of the old line referred to in the preceding article, will be commenced.

Article 5. The commissioners of the United States, for and in consideration of the foregoing concessions on the part of the Chactaw nation, and in full satisfaction for the same, do give and deliver to the Mingos, chiefs and warriors of the said nation, at the signing of these presents, the value of two thousand dollars in goods and merchandise, net cost of Philadelphia, the receipt whereof is hereby acknowledged: and they further engage to give three sets of blacksmith's tools to the said nation.

Article 6. This treaty shall take effect and be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof.

In testimony whereof, the commissioners plenipotentiary of the United States, and the Mingos, principal men, and warriors of the Choctaw nation, have hereto subscribed their names and affixed their seals, at Fort Adams, on the Mississippi, this seventeenth day of December, in the year of our Lord one thousand eight hundred and one, and of the Independence of the United States the twenty-sixth.

James Wilkinson
Benjamin Hawkins
Andrew Pickens
Tuskona Hopoia, his x mark
Toota Homo, his x mark
Mingo Hom Massatubby, his x mark
Oak Shumme, his x mark
Mingo Pooscoos, his x mark
Buckshun Nubby, his x mark
Shappa Homo, his x mark
Hiupa Homo, his x mark
Illatalla Homo, his x mark
Hoche Homo, his x mark
Tuspena Chaabe, his x mark
Muclusha Hopoia, his x mark
Capputanne Thlucco, his x mark
Robert McClure, his x mark
Poosha Homo, his x mark
Baka Lubbe, his x mark

Witnesses present:

Alexander Macomb, jun. Secretary to the Commission
John McKee, Deputy Superintendent, and agent to the Choctaws
Henry Gaither, Lieutenant Colonel, commandant
John H. Brull, Major, Second Regiment Infantry
Bw. Shaumburgh, Captain, Second Regiment Infantry
Frans. Jones, Assistant Quartermaster General
Benjamin Wilkinson, Lieutenant and Paymaster, Third United States Regiment
J. B. Walbach, Aid-de-camp to the commanding general
J. Wilson, lieutenant, Third Regiment Infantry
Samuel Jeton, lieutenant, Second Regiment of Artillery and Engineers
John F. Carmichael, surgeon, Third Regiment United States Army

Source: Indian Treaties, Acts and Agreements

TREATY WITH THE CHOCTAW OCT 17, 1882

A provisional convention entered into and made by brigadier general James Wilkinson, of the state of Maryland, commissioner for holding conferences with the Indians south of the Ohio River, in behalf of the United States, on the one part, and the whole Choctaw nation, by their chiefs, head men, and principal warriors, on the other part.

Preamble. For the mutual accommodation of the parties, and to perpetuate that concord and friendship, which so happily subsists between them, they do hereby freely, voluntarily, and without constraint, covenant and agree,

Article 1. That the President of the United States may, at his discretion, by a commissioner or commissioners, to be appointed by him, by and with the advice and consent of the Senate of the United States, retrace, connect, and plainly remark the old line of limits, established by and between his Britannic majesty and the said Choctaw nation, which begins on the left bank of the Chickasawhay River and runs thence in an easterly direction to the right bank of the Tombigby River, terminating on the same, at a bluff well known by the name of Hach-a-Tig-geby, but it is to be clearly understood, that two commissioners, to be appointed by the said nation, from their own body, are to attend the commissioner or commissioners of the United States, who may be appointed to perform this service, for which purpose the said Choctaw nation shall be seasonably advised by the President of the United States, of the particular period at which the operation may be commenced, and the said Choctaw commissioners shall be subsisted by the United States, so long as they may be engaged on this business, and paid for their services, during the said term, at the rate of one dollar per day.

Article 2. The said line, when thus remarked and re-established, shall form the boundary between the United States and the said Choctaw nation, in that quarter, and the said Choctaw nation, for, and in consideration of one dollar, to them in hand paid by the said United States, the receipt whereof is hereby acknowledged, do hereby release to the said United States, and quit claim for ever, to all that tract of land which is included by the beforenamed line on the north, by the Chickasawhay river on the west, by the Tombigby and the Mobile rivers on the east, and by the boundary of the United States on the south.

Article 3. The chiefs, head men, and warriors, of the said Choctaw nation, do hereby constitute, authorise and appoint, the chiefs and head men of the upper towns of the said nation, to make such alteration in the old boundary line near the mouth of the Yazou river, as may be found convenient, and may be done without injury to the said nation.

Article 4. This convention shall take effect and become obligatory on the contracting parties as soon as the President of the United States, by and with the advice and consent of the Senate, shall have ratified the same.

In testimony whereof, the parties have hereunto set their hands and affixed their seals, at Fort Confederation, on the Tombigbee, in the Choctaw country, this 17th day of October, in the year of our Lord, one thousand eight hundred and two, and of the independence of the United States the twenty-seventh.
James Wilkinson

In behalf of the lower towns and Chicasawhay:

Tuskona Hoopoio, his x mark
Mingo Pooskoos, his x mark
Mingo Pooskoos, 2d his x mark
Poosha Mattahaw, his x mark

In behalf of the upper towns:

Oak Chummy, his x mark
Tuskee Maiaby, his x mark

In behalf of the six towns and lower town:

Latalahomah, his x mark
Mooklahoosoopoieh, his x mark
Mingo Hom Astubby, his x mark
Tuskahomah, his x mark

Witnesses present:

Silas Dinsmoor, Agent to the Choctaws

John Pitchlynn
Turner Brashears
Peter H. Naisalis
John Long
Interpreters

Source: Indian Treaties, Acts and Agreements

TREATY WITH THE CHOCTAWS AUG 31, 1803

To whom these presents shall come,

Know ye, That the undersigned, commissioners plenipotentiary of the United States of America, of the one part, and of the whole Choctaw Nation of the other part, being duly authorized by the President of the United States, and by the chiefs and headmen of the said nation, do hereby establish in conformity to the convention of Fort Confederation, for the line of demarcation recognized in the said convention, the following metes and bounds, viz.: Beginning in the channel of the Hatchee Comesa, or Wax River, at the point where the line of limits, between the United States and Spain crosseth the same, thence up the channel of said river to the confluence of the Chickasaw-Hay and Buckhatannee Rivers, thence up the channel of the Buckhatannee to Bogue Hooma or Red Creek, thence up the said creek to a Pine tree standing on the left bank of the same, and blazed on two of its sides, about twelve links southwest of an old trading path, leading from the town of Mobile to the Hewanee towns, much worn, but not in use at the present time: From this tree we find the following bearings and distances, viz.: south fifty-four degrees thirty minutes, west, one chain one link a black gum, north thirty-nine degrees east one chain seventy-five links to a water oak; thence with the old British line of partition in its various inflections, to a Mulberry post, planted on the right bank of the main branch of Sintee Bogue or Snake Creek, where it makes a sharp turn to the south east, a large broken top Cypress-tree standing near the opposite bank of the creek, which is about three poles wide, thence down the said creek to the Tombigby River, thence down the Tombigby and Mobile Rivers, to the above mentioned line of limits between the United States and Spain, and with the same to the point of beginning: And we, the said commissioners plenipotentiary, do ratify and confirm the said line of demarcation and do recognize and acknowledge the same to be the boundary which shall separate and distinguish the land ceded to the United States, between the Tombigby, Mobile and Pascagola Rivers, from that which has not been ceded by the said Choctaw Nation.

In testimony whereof, we hereunto affix our hands and seals, this thirty-first day of August, in the year of our Lord one thousand eight hundred and three, to triplicates of this tenor and date. Done at Hoe-Buckin-too-pa, the day and year above written, and in the twenty-seventh year of the independence of the United States.

James Wilkinson
Mingo Pooscoos, his x mark
Alatala Hooma, his x mark
Witnesses present:
Young Gains, interpreter
John Bowyer, captain Second United States Regiment
Joseph Chambers, United States factor

We the commissioners of the Choctaw nation duly appointed and the chiefs of the said nation who reside on the Tombigby river, next to Sintee Bogue, do acknowledge to have received from the United States of America, by the hands of Brigadier General James Wilkinson, as a consideration in full for the confirmation of the above concession, the following articles, viz.: fifteen pieces of strouds, three rifles, one hundred and fifty blankets, two hundred and fifty pounds of powder, two hundred and fifty pounds of lead, one bridle, one man's saddle, and one black silk handkerchief.

Commissioners of the Choctaw nation
Mingo Pooscoos, his x mark
Alatala Hooma, his x mark

Chiefs residing on the Tombigbee near to St. Stephens
Pio Mingo, his x mark
Pasa Mastubby Mingo, his x mark
Tappena Oakchia, his x mark
Tuskenung Cooche, his x mark
Cussoonuckchia, his x mark
Pushapia, his x mark

Witnesses present:

Young Gains, Interpreter
John Bowyer, Captain Second United States Regiment
Joseph Chambers, United States factor
Source: Indian Treaties, Acts and Agreements

TREATY WITH THE CHOCTAWS NOV 16, 1805

A Treaty of Limits between the United States of America and the Chaktaw [sic] nation of Indians.

Thomas Jefferson, President of the United States of America, by James Robertson, of Tennessee, and Silas Dinsmoor, of New Hampshire, agent of the United States to the Chaktaws, commissioners plenipotentiary of the United States, on the one part, and the Mingoes, Chiefs and warriors of the Chaktaw nation of Indians, in council assembled, on the other part, have entered into the following agreement, viz:

Article 1. The Mingoes, chiefs and warriors of the Choctaw nation of Indians in behalf of themselves, and the said nation, do by these presents cede to the United States of America, all the lands to which they now have or ever had claim, lying to the right of the following lines, to say. Beginning at a branch of the Humacheeto where the same is intersected by the present Choctaw boundary, and also by the path leading from Natchez to the county of Washington, usually called M'Clarey's path, thence eastwardly along M'Clarey's path, to the east or left bank of Pearl river thence on such a direct line as would touch the lower end of a bluff on the left bank of Chickasawhay river the first above the Hiyoowannee towns, called Broken Bluff, to a point within four miles of the Broken Bluff, thence in a direct line nearly parallel with the river to a point whence an east line of four miles in length will intersect the river below the lowest settlement at present occupied and improved in the Hiyoowannee town, thence still east four miles, thence in a direct line nearly parallel with the river to a point on a line to be run from the lower end of the Broken Bluff to Faluktabunnee on the Tombigbee river four miles from the Broken Bluff, thence along the said line to Faluktabunnee, thence east to the boundary between the Creeks and Choctaws on the ridge dividing the waters running into the Alabama from those running into Tombigbee, thence southwardly along the said ridge and boundary to the southern point of the Choctaw claim. Reserving a tract of two miles square run on meridians and parallels so as to include the houses and improvements in the town of Fuketcheepoonta, and reserving also a tract of five thousand one hundred and twenty acres, beginning at a post on the left bank of Tombigbee river opposite the lower end of Hatchatigbee Bluff, thence ascending the river four miles front and two back one half, for the use of Alzira, the other half for the use of Sophia, daughters of Samuel Mitchell, by Molly, a Choctaw woman. The latter reserve to be subject to the same laws and regulations as may be established in the circumjacent country; and the said Mingoes of the Choctaws, request that the government of the United States may confirm the title of this reserve in the said Alzira and Sophia.

Article 2. For and in consideration of the foregoing cession on the part of the Choctaw nation, and in full satisfaction for the same, the commissioners of the United States, do hereby covenant, and agree with the said nation in behalf of the United States, that the said States shall pay to the said nation fifty thousand five hundred dollars, for the following purposes, to wit:

Forty eight thousand dollars to enable the Mingoes to discharge the debt due to their merchants and traders; and also to pay for the depredations committed on stock, and other property by evil disposed persons of the said Choctaw nation; two thousand five hundred dollars to be paid to John Pitchlynn, to compensate him for certain losses sustained in the Choctaw country, and as a grateful testimonial of the nation's esteem. And the said States shall also pay annually to the said Choctaws, for the use of the nation, three thousand dollars in such goods (at neat cost of Philadelphia) as the Mingoes may choose, they giving at least one year's notice of such choice.

Article 3. The commissioners of the United States, on the part of the said States, engage to give to each of the three great Medal Mingoes, Pukshunubbee-Mingo, Hoomastubbee, and Pooshamattaha, five hundred dollars in consideration of past services in their nation, and also to pay to each of them an annuity of one hundred and fifty dollars during their continuance in office. It is perfectly understood, that neither of those great Medal Mingoes is to share any part of the general annuity of the nation.

Article 4. The Mingoes, chiefs, and warriors of the Choctaws, certify that a tract of land not exceeding fifteen hundred acres, situated between the Tombigbee river and Jackson's creek, the front or river line extending down the river from a blazed white oak standing on the left bank of the Tombigbee near the head of the shoal, next above Hobukentoopa, and claimed by John M'Grew was in fact granted to the said M'Grew by Opiomingo Hesnitta, and others, many years ago, and they respectfully request the government of the United States to establish the claim of the said M'Grew to the said fifteen hundred acres.

Article 5. The two contracting parties covenant and agree that the boundary as described in the second [first] article shall be ascertained and plainly marked, in such way and manner as the President of the United States may direct, in the presence of three persons to be appointed by the said nation; one from each of the great medal districts, each of whom shall receive for this service two dollars per day during his actual attendance, and the Choctaws shall have due and seasonable notice of the place where, and time when, the operation shall commence.

Article 6. The lease granted for establishments on the roads leading through the Choctaw country, is hereby confirmed in all its conditions, and, except in the alteration of boundary, nothing in this instrument shall affect or change any of the pre-existing obligations of the contracting parties.

Article 7. This treaty shall take erect and become reciprocally obligatory so soon as the same shall have been ratified by the President of the United States of America, by and with the advice and consent of the Senate of the United States.

Done on Mount Dexter, in Pooshapukanuk, in the Choctaw country, this sixteenth day of November, in the year of our Lord one thousand eight hundred and five, and of the independence of the United States of America the thirtieth.

Commissioners:
James Robertson, [L. S.]
Silas Dinsmoor, [L. S.]

Great Medal Mingos:
Pukshunnubbee. his x mark, [L. S.]
Mingo Hoomastubbee, his x mark, [L. S.]
Pooshamattaha, his x mark, [L. S.]

Chiefs and Warriors:

Ookchummee, his x mark, [L. S.]
Tuskamiubbee, his x mark, [L. S.]
James Perry, his x mark, [L. S.]
Levi Perry, his x mark, [L. S.]
Isaac Perry, his x mark, [L. S.]
William Turnbull, [L. S.]
John Games, his x mark, [L. S.]
Tooteehooma, his x mark, [L. S.]
Hoosheehooma, his x mark, [L. S.]
Tootuhooma, 2d. his x mark, [L. S.]
George James, his x mark, [L. S.]
Robert McClure, his x mark, [L. S.]
Tuskeamingo, his x mark, [L. S.]
Hattukubbeehooluhta, his x mark, [L. S.]
Fishoommastubbee, his x mark, [L. S.]
Anoguaiah, his x mark, [L. S.]
Lewis Lucas, his x mark, [L. S.]
James Pitchlynn, his x mark, [L. S.]
Panshee Eenanhla, his x mark, [L. S.]
Pansheehoomubu, his x mark, [L. S.]

Witnesses present at signing and sealing:

Thomas Augustine Claiborn, secretary to the commissioners,

John M'Kee,
Samuel Mitchell, United States agent to the Chickasaws.
William Colbert, of the Chickasaws, his x mark,
Lewis Ward,
Charles Juzan,
Garrud E. Nelson,
David Chote,
Nathaniel Tolsom,
Mdl. Mackey,
Lewis Lefto,
John Pitchlynn, United States interpreter,
Will. Tyrrell, assistant interpreter.

Source: Indian Treaties, Acts and Agreements

TREATY WITH THE CHOCTAW OCT 24, 1816

A treaty of cession between the United States of America and the Chactaw nation of Indians.

James Madison, President of the United States of America, by General John Coffee, John Rhea, and John M'Kee, esquires, commissioners on the part of the United States, duly authorized for that purpose, on the one part, and the mingoes, leaders, captains, and warriors, of the Chactaw nation, in general council assembled, in behalf of themselves and the whole nation, on the other part, have entered into the following articles, which, when ratified by the President of the United States, with the advice and consent of the senate, shall be obligatory on both parties:
Article I. The Chactaw nation, for the consideration hereafter mentioned, cede to the United States all their title and claim to lands lying east of the following boundary, beginning at the mouth of Ooktibbuha, the Chickasaw boundary, and running from thence down the Tombigby river, until it intersects the northern boundary of a cession made to the United States by the Chactaws, at Mount Dexter, on the 16th November, 1805.

Article II. In consideration of the foregoing cession, the United States engage to pay to the Chactaw nation the sum of six thousand dollars annually, for twenty years; they also agree to pay them in merchandise, to be delivered immediately on signing the present treaty, the sum of ten thousand dollars.

Done and executed in full and open council, at the Choctaw trading house, this twenty-fourth day of October, in the year of our Lord one thousand eight hundred and sixteen, and of the independence of the United States the forty-first.

John Coffee
John Rhea
John McKee
Mushoolatubbee, his x mark
Pooshamallaha, his x mark
Pukshunnubbu, his x mark
General Terror, his x mark
Choctaw Eestannokee, his x mark
General Humming Bird, his x mark
Talking warrior, his x mark
David Folsom
Bob Cole, his x mark
Oofuppa, his x mark
Hoopoieeskitteenee, his x mark
Hoopoieemiko, his x mark
Hoopoieethoma, his x mark

Witness:

Tho. H. Williams, Secretary to the Commission
John Pitchlynn, Interpreter
Turner Broshear, Interpreter
M. Mackey, Interpreter
Silas Dinsmoor
R. Chamberlin

Source: Indian Treaties, Acts and Agreements

TREATY WITH THE CHOCTAWS OCT 18, 1820

A treaty of friendship, limits, and accommodation, between the United States of America and the Choctaw nation of Indians, begun and concluded at the Treaty Ground, in said nation, near Doak's Stand, on the Natchez Road.

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 I. 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 II. 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 III. 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 IV. 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 of a limited parcel of land for the benefit of each family or individual in the nation.

Article V. 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 defense, 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 VI. 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 VI. 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 VIII. 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 or 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 IX. 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 X. 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 XI. lt 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 leggings, which have been delivered to them.

Article XII. 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 XIII. 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 bands 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 XIV. 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 XV. 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 XVI. 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.

Andrew Jackson
Thomas Hinds
Commissioners
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
Oakchummia, 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 Carney, his x mark
Chapanchahabbee, his x mark
Tunnupouia, 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. Vai
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
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
Pooshonshabbee, his x mark
Casania, his x mark
Joseph Nelson, his x mark
Unahuhbee, 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 Leflore, his x mark
Archibald MaGee, 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
Piare 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. Gangent
Wm. M. Graham, First Lieutenant, 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 Falsome, Interpreter, X
James Hughes
Geo. Fisher
Jas. Jackson, Jr.

Source: Indian Treaties, Acts and Agreements

TREATY WITH THE CHOCTAWS JAN 20, 1825

Articles of a convention made between John C. Calhoun, Secretary of War, being specially authorized therefore by the President of the United States, and the undersigned Chiefs and Head Men of the Choctaw Nation of Indians, duly authorized and empowered by said Nation, at the City of Washington, on the twentieth day of January, in the year of our lord one thousand eight hundred and twenty-five.

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 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 there from 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 there for by the President of the United States, on the one part, and the undersigned Delegates of the Choctaw Nation, on the other part:

Article I. 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 II. 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 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 III. 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 IV. 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 V. 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 VI. 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 VII. 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 VIII. 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 IX. 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 X. 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 XI. The friendship heretofore existing between the United States and the Choctaw Nation, is hereby renewed and perpetuated.

Article XII. 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.

J. C. Calhoun
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
Source: Indian Treaties, Acts and Agreements

SEPT 27, 1830 TREATY OF DANCING RABBIT CREEK
A treaty of perpetual, friendship, cession and limits, entered into by John H. Eaton and John Coffee, for and in behalf of the Government of the United States, and the Mingoes, Chiefs, Captains and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit Creek, on the fifteenth of September, in the year eighteen hundred and thirty.

Whereas the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same, and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty: a

Article 1. Perpetual peace and friendship is pledged and agreed upon by and between the United States and the Mingoes, Chiefs, and Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void.

Article 2. The United States under a grant specially to be made by the President of the U.S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the source of the Canadian fork; if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the Territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified.

Article 3. In consideration of the provisions contained in the several articles of this Treaty, the Choctaw nation of Indians consent and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to move beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833, a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes.

Article 4. The Government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may be within their limits west, so that no Territory or state shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the F. S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian affairs. But the Choctaws, should this treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws any white man who shall come into their nation and infringe any of their national regulations.

Article 5. The United States are obliged to protect the Choctaws from domestic strife and from foreign enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U.S. for defense or for wrongs committed by an enemy, on a citizen of the U.S. shall be equally binding in favor of the Choctaws, and in all cases where the Choctaws shall be called upon by a legally authorized officer of the U.S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U.S. receive in such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U.S. unless it be in self defense against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U.S. are advised thereof.

[this paragraph was not ratified].

Article 6. Should a Choctaw or any party of Choctaws commit acts of violence upon the person or property of a citizen of the U.S. or join any war party against any neighbouring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U.S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U.S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender.

Article 7. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U.S. or neighbouring Tribes of Red People, shall be referred to some authorized Agent by him to be referred to the President of the U.S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation.

Article 8. Offenders against the laws of the U.S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U.S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States.

Article 9. Any citizen of the U.S. who may be ordered from the Nation by the Agent and constituted authorities of the Nation and refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be provided by the laws of the U.S. in such cases. Citizens of the U.S. traveling peaceably under the authority of the laws of the U.S. shall be under the care and protection of the nation.

Article 10. No person shall expose goods or other article for sale as a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the Congress of the U.S. under penalty of forfeiting the Articles, and the constituted authorities of the Nation shall grant no license except to such persons as reside in the Nation and are answerable to the laws of the Nation. The U.S. shall be particularly obliged to assist to prevent ardent spirits from being introduced into the Nation.

Article 11. Navigable streams shall be free to the Choctaws who shall pay no higher toll or duty than citizens of the U.S. It is agreed further that the U.S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary.

Article 12. All intruders shall be removed from the Choctaw Nation and kept without it. Private property to be always respected and on no occasion taken for public purposes without just compensation being made therefor to the rightful owner. If an Indian unlawfully take or steal any property from a white man a citizen of the U.S. the offender shall be punished. And if a white man unlawfully take or steal any thing from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be given up to be tried for any offense against the laws of the U.S. if unable to employ counsel to defend him, the U.S. will do it, that his trial may be fair and impartial.

Article 13. It is consented that a qualified Agent shall be appointed for the Choctaws every four years, unless sooner removed by the President; and he shall be removed on petition of the constituted authorities of the Nation, the President being satisfied there is sufficient cause shown. The Agent shall fix his residence convenient to the great body of the people; and in the selection of an Agent immediately after the ratification of this Treaty, the wishes of the Choctaw Nation on the subject shall be entitled to great respect.

Article 14. Each Choctaw head of a family being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after the ratification of this Treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity.

Article 15. To each of the Chiefs in the Choctaw Nation (to wit) Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of four sections of land, two of which shall include and adjoin their present improvement, and the other two located where they please but on unoccupied unimproved lands, such sections shall be bounded by sectional lines, and with the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors in office there shall be paid two hundred and fifty dollars annually while they shall continue in their respective offices, except to Mushulatubbe, who as he has an annuity of one hundred and fifty dollars for life under a former treaty, shall receive only the additional sum of one hundred dollars, while he shall continue in office as Chief; and if in addition to this the Nation shall think proper to elect an additional principal Chief of the whole to superintend and govern upon republican principles he shall receive annually for his services five hundred dollars, which allowance to the Chiefs and their successors in office, shall continue for twenty years. At any time when in military service, and while in service by authority of the U.S. the district Chiefs under and by selection of the President shall be entitled to the pay of Majors; the other Chief under the same circumstances shall have the pay of a Lieutenant Colonel. The Speakers of the three districts, shall receive twenty-five dollars a year for four years each; and the three secretaries one to each of the Chiefs, fifty dollars each for four years. Each Captain of the Nation, the number not to exceed ninety-nine, thirty-three from each district, shall be furnished upon removing to the West, with each a good suit of clothes and a broad sword as an outfit, and for four years commencing with the first of their removal shall each receive fifty dollars a year, for the trouble of keeping their people at order in settling; and whenever they shall be in military service by authority of the U.S. shall receive the pay of a captain.

Article 16. In wagons; and with steam boats as may be found necessary—the U.S. agree to remove the Indians to their new homes at their expense and under the care of discreet and careful persons, who will be kind and brotherly to them. They agree to furnish them with ample corn and beef, or pork for themselves and families for twelve months after reaching their new homes. It is agreed further that the U.S. will take all their cattle, at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money after their arrival at their new homes; or other cattle such as may be desired shall be furnished them, notice being given through their Agent of their wishes upon this subject before their removal that time to supply the demand may be afforded.

Article 17. The several annuities and sums secured under former Treaties to the Choctaw nation and people shall continue as though this Treaty had never been made.

And it is further agreed that the U.S. in addition will pay the sum of twenty thousand dollars for twenty years, commencing after their removal to the west, of which, in the first year after their removal, ten thousand dollars shall be divided and arranged to such as may not receive reservations under this Treaty.

Article 18. The U.S. shall cause the lands hereby ceded to be surveyed; and surveyors may enter the Choctaw Country for that purpose, conducting themselves properly and disturbing or interrupting none of the Choctaw people. But no person is to be permitted to settle within the nation, or the lands to be sold before the Choctaws shall remove. And for the payment of the several amounts secured in this Treaty, the lands hereby ceded are to remain a fund pledged to that purpose, until the debt shall be provided for and arranged. And further it is agreed, that in the construction of this Treaty wherever well founded doubt shall arise, it shall be construed most favorably towards the Choctaws.

Article 19. The following reservations of land are hereby admitted. To Colonel David Fulsom four sections of which two shall include his present improvement, and two may be located elsewhere, on unoccupied, unimproved land.

To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn, Charles Juzan, Johokebetubbe, Eaychahobia, Ofehoma, two sections, each to include their improvements, and to be bounded by sectional lines, and the same may be disposed of and sold with the consent of the President. And that others not provided for, may be provided for, there shall be reserved as follows:

First; One section to each head of a family not exceeding Forty in number, who during the present year, may have had in actual cultivation, with a dwelling house thereon fifty acres or more.

Secondly: three quarter sections after the manner aforesaid to each head of a family not exceeding four hundred and sixty, as shall have cultivated thirty acres and less than fifty, to be bounded by quarter section lines of survey, and to be contiguous and adjoining.

Third; One half section as aforesaid to those who shall have cultivated from twenty to thirty acres the number not to exceed four hundred.

Fourth; a quarter section as aforesaid to such as shall have cultivated from twelve to twenty acres, the number not to exceed three hundred and fifty, and one half that quantity to such as shall have cultivated from two to twelve acres, the number also not to exceed three hundred and fifty persons. Each of said class of cases shall be subject to the limitations contained in the first class, and shall be so located as to include that part of the improvement which contains the dwelling house. If a greater number shall be found to be entitled to reservations under the several classes of this article, than is stipulated for under the limitation prescribed, then and in that case the Chiefs separately or together shall determine the persons who shall be excluded in the respective districts.

Fifth; Any Captain the number not exceeding ninety persons, who under the provisions of this article shall receive less than a section, he shall be entitled, to an additional quantity of half a section adjoining to his other reservation. The several reservations secured under this article, may be sold with the consent of the President of the U.S. but should any prefer it or omit to take a reservation for the quantity he may be entitled to, the U.S. will on his removing pay fifty cents an acre, after reaching their new homes, provided that before the first of January next they shall adduce to the Agent, or some other authorized person to be appointed, proof of his claim and the quantity of it. Sixth; likewise children of the Choctaw Nation residing in the Nation, who have neither father nor mother a list of which, with satisfactory proof of Parentage and orphanage being filed with Agent in six months to be forwarded to the War Department, shall be entitled to a quarter section of Land, to be located under the direction of the President, and with his consent the same may be sold and the proceeds applied to some beneficial purpose for the benefit of said orphans.

Article 20. The U.S. agree and stipulate as follows, that for the benefit and advantage of the Choctaw people, and to improve their condition, their shall be educated under the direction of the President and at the expense of the U.S. forty Choctaw youths for twenty years. This number shall be kept at school, and as they finish their education others, to supply their places shall be received for the period stated. The U.S. agree also to erect a Council House for the nation at some convenient central point, after their people shall be settled; and a House for each Chief, also a Church for each of the three Districts, to be used also as school houses, until the Nation may conclude to build others; and for these purposes ten thousand dollars shall be appropriated; also fifty thousand dollars (viz.) twenty-five hundred dollars annually shall be given for the support of three teachers of schools for twenty years. Likewise there shall be furnished to the Nation, three Blacksmiths one for each district for sixteen years, and a qualified Mill Wright for five years; Also there shall be furnished the following articles, twenty-one hundred blankets, to each warrior who emigrates a rifle, moulds, wipers and ammunition. One thousand axes, ploughs, hoes, wheels and cards each; and four hundred looms. There shall also be furnished, one ton of iron and two hundred weight of steel annually to each District for sixteen years.

Article 21. A few Choctaw Warriors yet survive who marched and fought in the army with General Wayne, the whole number stated not to exceed twenty. These it is agreed shall hereafter while they live, receive twenty-five dollars a year; a list of them to be early as practicable, and within six months, made out, and presented to the Agent, to be forwarded to the War Department.

Article 22. The Chiefs of the Choctaws who have suggested that their people are in a state of rapid advancement in education and refinement, and have expressed a solicitude that they might have the privilege of a Delegate on the floor of the House of Representatives extended to them. The Commissioners do not feel that they can under a treaty stipulation accede to the request, but at their desire, present it in the Treaty, that Congress may consider of, and decide the application.

Done, and signed, and executed by the commissioners of the United States, and the chiefs, captains, and head men of the Choctaw nation, at Dancing Rabbit creek, this 27th day of September, eighteen and thirty.

Jno. H. Eaton, [L. S.]
Jno. Coffee, [L. S.]

Greenwood Leflore, [L. S.]
Musholatubbee, his x mark, [L. S.]
Nittucachee, his x mark, [L. S.]
Holarterhoomah, his x mark, [L. S.]
Hopiaunchabubbee, his x mark, [L. S.]
Zishomingo, his x mark, [L. S.]
Captainthalke, his x mark, [L. S.]
James Shield, his x mark, [L. S.]
Pistiyubbee, his x mark, [L. S.]
Yobalarunehabubbee, his x mark, [L. S.]
Holubbee, his x mark, [L. S.]
Robert Cole, his x mark, [L. S.]
Mokelareharhopin, his x mark, [L. S.]
Lewis Perry, his x mark, [L. S.]
Artonamarstubbe, his x mark, [L. S.]
Hopeatubbee, his x mark, [L. S.]
Hoshahoomah, his x mark, [L. S.]
Chuallahoomah, his x mark, [L. S.]
Joseph Kincaide, his x mark, [L. S.]
Eyarhocuttubbee, his x mark, [L. S.]
Iyacherhopia, his x mark, [L. S.]
Offahoomah, his x mark, [L. S.]
Archalater, his x mark, [L. S.]
Onnahubbee, his x mark, [L. S.]
Pisinhocuttubbee, his x mark, [L. S.]
Tullarhacher, his x mark, [L. S.]
Little leader, his x mark, [L. S.]
Maanhutter, his x mark, [L. S.]
Cowehoomah, his x mark, [L. S.]
Tillamoer, his x mark, [L. S.]
Imnullacha, his x mark, [L. S.]
Artopilachubbee, his x mark, [L. S.]
Shupherunchahubbee, his x mark, [L. S.]
Nitterhoomah, his x mark, [L. S.]
Oaklaryubbee, his x mark, [L. S.]
Pukumna, his x mark, [L. S.]
Arpalar, his x mark, [L. S.]
Holber, his x mark, [L. S.]
Hoparmingo, his x mark, [L. S.]
Isparhoomah, his x mark, [L. S.]
Tieberhoomah, his x mark, [L. S.]
Tishoholarter, his x mark, [L. S.]
Mahayarchubbee, his x mark, [L. S.]
Artooklubbetushpar, his x mark, [L. S.]
Metubbee, his x mark, [L. S.]
Arsarkatubbee, his x mark, [L. S.]
Issaterhoomah, his x mark, [L. S.]
Chohtahmatahah, his x mark, [L. S.]
Tunnuppashubbee, his x mark, [L. S.]
Okocharyer, his x mark, [L. S.]
Hoshhopia, his x mark, [L. S.]
Warsharshahopia, his x mark, [L. S.]
Maarshunchahubbee, his x mark, [L. S.]
Misharyubbee, his x mark, [L. S.]
Daniel McCurtain, his x mark, [L. S.]
Tushkerharcho, his x mark, [L. S.]
Hoktoontubbee, his x mark, [L. S.]
Nuknacrahookmarhee, his x mark, [L. S.]
Mingo hoomah, his x mark, [L. S.]
James Karnes, his x mark, [L. S.]
Tishohakubbee, his x mark, [L. S.]
Narlanalar, his x mark, [L. S.]
Pennasha, his x mark, [L. S.]
Inharyarker, his x mark, [L. S.]
Mottubbee, his x mark, [L. S.]
Narharyubbee, his x mark, [L. S.]
Ishmaryubbee, his x mark, [L. S.]
James McKing, [L. S.]
Lewis Wilson, his x mark, [L. S.]
Istonarkerharcho, his x mark, [L. S.]
Hohinshamartarher, his x mark , [L. S.]
Kinsulachubbee, his x mark, [L. S.]
Emarhinstubbee, his x mark, [L. S.]
Gysalndalra, bm, his x mark, [L. S.]
Thomas Wall, [L. S.]
Sam. S. Worcester, [L. S.]
Arlartar, his x mark, [L. S.]
Nittahubbee, his x mark, [L. S.]
Tishonouan, his x mark, [L. S.]
Warsharchahoomah, his x mark,[L. S.]
Isaac James, his x mark, [L. S.]
Hopiaintushker, his x mark, [L. S.]
Aryoshkermer, his x mark, [L. S.]
Shemotar, his x mark, [L. S.]
Hopiaisketina, his x mark, [L. S.]
Thomas Leflore, his x mark, [L. S.]
Arnokechatubbee, his x mark, [L. S.]
Shokoperlukna, his x mark, [L. S.]
Posherhoomah, his x mark, [L. S.]
Robert Folsom, his x mark, [L. S.]
Arharyotubbee, his x mark, [L. S.]
Kushonolarter, his x mark, [L. S.]
James Vaughan, his x mark, [L. S.]
Phiplip, his x mark, [L. S.]
Meshameye, his x mark, [L. S.]
Ishteheka, his x mark, [L. S.]
Heshohomme, his x mark, [L. S.]
John McKolbery, his x mark, [L. S.]
Benjm. James, his x mark, [L. S.]
Tikbachahambe, his x mark, [L. S.]
Aholiktube, his x mark, [L. S.]
Walking Wolf, his x mark, [L. S.]
John Waide, his x mark, [L. S.]
Big Axe, his x mark, [L. S.]
Bob, his x mark, [L. S.]
Tushkochaubbee, his x mark, [L. S.]
Ittabe, his x mark, [L. S.]
Tishowakayo, his x mark, [L. S.]
Folehommo, his x mark, [L. S.]
John Garland, his x mark, [L. S.]
Koshona, his x mark, [L. S.]
Ishleyohamobe, his x mark, [L. S.]
Jacob Folsom, [L. S.]
William Foster, [L. S.]
Ontioerharcho, his x mark, [L. S.]
Hugh A. Foster, [L. S.]
Pierre Juzan, [L. S.]
Jno. Pitchlynn, jr., [L. S.]
David Folsom, [L. S.]
Sholohommastube, his x mark, [L. S.]
Tesho, his x mark, [L. S.]
Lauwechubee, his x mark, [L. S.]
Hoshehammo, his x mark, [L. S.]
Ofenowo, his x mark, [L. S.]
Ahekoche, his x mark, [L. S.]
Kaloshoube, his x mark, [L. S.]
Atoko, his x mark, [L. S.]
Ishtemeleche, his x mark, [L. S.]
Emthtohabe, his x mark, [L. S.]
Silas D. Fisher, his x mark, [L. S.]
Isaac Folsom, his x mark, [L. S.]
Hekatube, his x mark, [L. S.]
Hakseche, his x mark, [L. S.]
Jerry Carney, his x mark, [L. S.]
John Washington. his x mark, [L. S.]
Panshastubbee, his x mark, [L. S.]
P. P. Pitchlynn, his x mark, [L. S.]
Joel H. Nail, his x mark, [L. S.]
Hopia Stonakey, his x mark, [L. S.]
Kocohomma, his x mark, [L. S.]
William Wade, his x mark, [L. S.]
Panshstickubbee, his x mark, [L. S.]
Holittankchahubbee, his x mark, [L. S.]
Oklanowa, his x mark, [L. S.]
Neto, his x mark, [L. S.]
James Fletcher, his x mark, [L. S.]
Silas D. Pitchlynn, [L. S.]
William Trahorn, his x mark, [L. S.]
Toshkahemmitto, his x mark, [L. S.]
Tethetayo, his x mark, [L. S.]
Emokloshahopie, his x mark, [L. S.]
Tishoimita, his x mark, [L. S.]
Thomas W. Foster, his x mark, [L. S.]
Zadoc Brashears, his x mark, [L. S.]
Levi Perkins, his x mark, [L. S.]
Isaac Perry, his x mark, [L. S.]
Ishlonocka Hoomah, his x mark, [L. S.]
Hiram King, his x mark, [L. S.]
Ogla Enlah, his x mark, [L. S.]
Nultlahtubbee, his x mark, [L. S.]
Tuska Hollattuh, his x mark, [L. S.]
Kothoantchahubbee, his x mark, [L. S.]
Eyarpulubbee, his x mark, [L. S.]
Okentahubbe, his x mark, [L. S.]
Living War Club, his x mark, [L. S.]
John Jones, his x mark, [L. S.]
Charles Jones, his x mark, [L. S.]
Isaac Jones, his x mark, [L. S.]
Hocklucha, his x mark, [L. S.]
Muscogee, his x mark., [L. S.]
Eden Nelson, his x mark, [L. S.]

In presence of:

E. Breathitt secretary to the Commission,
William Ward, agent for Choctaws,
John Pitchlyn, United States interpreter,
M. Mackey, United States interpreter,
Geo. S. Gaines, of Alabama,
R. P. Currin,
Luke Howard,
Sam. S. Worcester,
Jno. N. Byrn,
John Bell,
Jno. Bond.

Supplementary Articles To The Preceding Treaty

Sept. 28, 1830.

Various Choctaw persons have been presented by the Chiefs of the nation, with a desire that they might be provided for. Being particularly deserving, an earnestness has been manifested that provision might be made for them. It is therefore by the undersigned commissioners here assented to, with the understanding that they are to have no interest in the reservations which are directed and provided for under the general Treaty to which this is a supplement.

As evidence of the liberal and kind feelings of the President and Government of the United States the Commissioners agree to the request as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G. W. Harkins, Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James, Joel H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore and Allen Yates and wife shall be entitled to a reservation of two sections of land each to include their improvement where they at present reside, with the exception of the three first named persons and Benjamin Laflore, who are authorized to locate one of their sections on any other unimproved and unoccupied land, within their respective districts.

Article 2. And to each of the following persons there is allowed a reservation of a section and a half of land, (to wit) James L. McDonald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans, Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas Garland, John Bond, William Laflore, and Turner Brashears, the two first named persons, may locate one section each, and one section jointly on any unimproved and unoccupied land, these not residing in the Nation; The others are to include their present residence and improvement.

Also one section is allowed to the following persons (to wit) Middleton Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall, Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and Polly Fillecuthey, to be located in entire sections to include their present residence and improvement, with the exception of Molly Nail and Susan Colbert, who are authorized to locate theirs, on any unimproved unoccupied land.

John Pitchlynn has long and faithfully served the nation in character of U. States Interpreter, he has acted as such for forty years, in consideration it is agreed, in addition to what has been done for him there shall be granted to two of his children, (to wit) Silas Pitchlynn, and Thomas Pitchlynn one section of land each, to adjoin the location of their father; likewise to James Madison and Peter sons of Mushulatubbee one section of land each to include the old house and improvement where their father formerly lived on the old military road adjoining a large Prairie.

And to Henry Groves son of the Chief Natticache there is one section of land given to adjoin his father's land.

And to each of the following persons half a section of land is granted on any unoccupied and unimproved lands in the Districts where they respectively live (to wit) Willis Harkins, James D. Hamilton, William
Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel Worcester, George Hunter, William Train, Robert Nail and Alexander McKee.

And there is given a quarter section of land each to Delila and her five fatherless children, she being a Choctaw woman residing out of the nation; also the same quantity to Peggy Trihan, another Indian woman residing out of the nation and her two fatherless children; and to the widows of Pushmilaha, and Pucktshenubbee, who were formerly distinguished Chiefs of the nation and for their children four quarter sections of land, each in trust for themselves and their children.

All of said last mentioned reservations are to be located under and by direction of the President of the U. States.

Article 3. The Choctaw people now that they have ceded their lands are solicitous to get to their new homes early as possible and accordingly they wish that a party may be permitted to proceed this fall to ascertain whereabouts will be most advantageous for their people to be located.

It is therefore agreed that three or four persons (from each of the three districts) under the guidance of some discreet and well qualified person or persons may proceed during this fall to the West upon an examination of the country.

For their time and expenses the U. States agree to allow the said twelve persons two dollars a day each, not to exceed one hundred days, which is deemed to be ample time to make an examination.

If necessary, pilots acquainted with the country will be furnished when they arrive in the West.

Article 4. John Donly of Alabama who has several Choctaw grand children and who for twenty years has carried the mail through the Choctaw Nation, a desire by the Chiefs is expressed that he may have a section of land, it is accordingly granted, to be located in one entire section, on any unimproved and unoccupied land.

Allen Glover and George S. Gaines licensed Traders in the Choctaw Nation, have accounts amounting to upwards of nine thousand dollars against the Indians who are unable to pay their said debts without distressing their families; a desire is expressed by the chiefs that two sections of land be set apart to be sold and the proceeds thereof to be applied toward the payment of the aforesaid debts. It is agreed that two sections of any unimproved and unoccupied land be granted to George S. Gaines who will sell the same for the best price he can obtain and apply the proceeds thereof to the credit of the Indians on their accounts due to the before mentioned Glover and Gaines; and shall make the application to the poorest Indian first.

At the earnest and particular request of the Chief Greenwood Laflore there is granted to David Haley one half section of land to be located in a half section on any unoccupied and unimproved land as a compensation, for a journey to Washington City with dispatches to the Government and returning others to the Choctaw Nation.

The foregoing is entered into, as supplemental to the treaty concluded yesterday.

Done at Dancing Rabbit creek the 28th day of September, 1830.

Jno. H. Eaton
Jno. Coffee
Greenwood Leflore
Nittucachee, his x mark
Mushulatubbee, his x mark
Offahoomah, his x mark
Eyarhoeuttubbee, his x mark
Iyaeherhopia, his x mark
Holubbee, his x mark
Onarhubbee, his x mark
Robert Cole, his x mark
Hopiaunchahubbee, his x mark
David Folsom
John Garland, his x mark
Hopiahoomah, his x mark
Captain Thalko, his x mark
Pierre Juzan
Immarstarher, his x mark
Hoshimhamartar, his x mark

In presence of:

E. Breathitt, Secretary to Commissioners,
W. Ward, Agent for Choctaws,
M. Mackey, United States Interpreter,
John Pitchlynn, United States Interpreter,
R. P. Currin,
Jno. W. Byrn,
Geo. S. Gaines.

Source: Indian Treaties, Acts and Agreements

TREATY WITH THE COMANCHIE AUG 24, 1835 AND ASOCIATED TRIES
[Cherokee Muscogee, Choctaw, Osage, Seneca and Quapaw nations

Treaty with the Comanche and Witchetaw Indians and their associated Bands.

For the purpose of establishing and perpetuating peace and friendship between the United States of America and the Comanche and Witchetaw nations, and their associated bands or tribes of Indians, and between these nations or tribes, and the Cherokee Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians, the President of the United States has, to accomplish this desirable object, and to aid therein, appointed Governor M. Stokes, M. Arbuckle Brigdi.-Genl. United States army, and F. W. Armstrong, Actg. Supdt. Western Territory, commissioners on the part of the United States; and the said Governor M. Stokes and M. Arbuckle, Brigdi. Genl. United States army, with the chiefs and representatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw nations or tribes of Indians, have met the chiefs, warriors, and representatives of the tribes first above named at Camp Holmes, on the eastern border of the Grand Prairie, near the Canadian river, in the Muscogee nation, and after full deliberation, the said nations or tribes have agreed with the United States, and with one another upon the following articles:

Article 1. There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals composing the Comanche and Witchetaw nations and their associated bands or tribes of Indians, and between these nations or tribes and the Cherokee, Muscogee, Choctaw, Osage, Seneca and Quapaw nations or tribes of Indians.

Article 2. Every injury or act of hostility by one or either of the contracting parties on the other, shall be mutually forgiven and forever forgot.

Article 3. There shall be a free and friendly intercourse between all the contracting parties hereto, and it is distinctly understood and agreed by the Comanche and Witchetaw nations and their associated bands or tribes of Indians, that the citizens of the United States are freely permitted to pass and repass through their settlements or hunting ground without molestation or injury on their way to any of the provinces of the Republic of Mexico, or returning therefrom, and that each of the nations or tribes named in this article, further agree to pay the full value for any injury their people may do to the goods or property of the citizens of the United States taken or destroyed, when peaceably passing through the country they inhabit, or hunt in, or elsewhere. And the United States hereby guaranty to any Indian or Indians of either of the said Comanche or Witchetaw nations, and their associated bands or tribes of Indians, a full indemnification for any horses or other property which may be stolen from them: Provided, that the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States, and within the limits thereof.

Article 4. It is understood and agreed by all the nations or tribes of Indians parties to this treaty, that each and all of the said nations or tribes have free permission to hunt and trap in the Great Prairie west of the Cross Timber, to the western limits of the United States.

Article 5. The Comanche and Witchetaw nations and their associated bands or tribes of Indians, severally agree and bind themselves to pay full value for any injury their people may do to the goods or other property of such traders as the President of the United States may place near to their settlements or hunting ground for the purpose of trading with them.

Article 6. The Comanche and Witchetaw nations and their associated bands or tribes of Indians, agree, that in the event any of the red people belonging to the nations or tribes residing south of the Missouri river and west of the State of Missouri, not parties to this treaty, should visit their towns or be found on their hunting ground, that they will treat them with kindness and friendship and do no injury to them in any way whatever.

Article 7. Should any difficulty hereafter unfortunately arise between any of the nations or tribes of Indians parties hereunto, in consequence of murder, the stealing of horses, cattle, or other cause, it is agreed that the other tribes shall interpose their good offices to remove such difficulties, and also that the Government of the United States may take such measures as they may deem proper to effect the same object, and see that full justice is done to the injured party.

Article 8. It is agreed by the commissioners of the United States, that in consequence of the Comanche and Witchetaw nations and their associated bands or tribes of Indians having freely and willingly entered into this treaty, and it being the first they have made with the United States or any of the contracting parties, that they shall receive presents immediately after signing, as a donation from the United States; nothing being asked from these nations or tribes in return, except to remain at peace with the parties hereto, which their own good and that of their posterity require.

Article 9. The Commanche and Witchetaw nations and their associated bands or tribes, of Indians, agree, that their entering into this treaty shall in no respect interrupt their friendly relations with the Republic of Mexico, where they all frequently hunt and the Comanche nation principally inhabit; and it is distinctly understood that the Government of the United States desire that perfect peace shall exist between the nations or tribes named in this article and the said republic.

Article 10.
This treaty shall be obligatory on the nations or tribes parties hereto from and after the date hereof, and on the United States from and after its ratification by the Government thereof.

Done, and signed, and sealed at Camp Holmes, on the eastern border of the Grand Prairie, near the Canadian river, in the Muscogee nation, this twenty-fourth day of August, one thousand eight hundred and thirty-five, and of the independence of the United States the sixtieth.

Montfort Stokes
M. Arbuckle, Brigadier-General U. S. Army

Comanches:

Ishacoly, or the wolf, his x mark
Queenashano, or the war eagle, his x mark
Tabaqueena, or the big eagle, his x mark
Pohowetowshah, or the brass man, his x mark
Shabbakasha, or the roving wolf, his x mark
Neraquassi, or the yellow horse, his x mark
Toshapappy, or the white hare, his x mark
Pahohsareya, or the broken arm, his x mark
Pahkah, or the man who draws the bow, his x mark
Witsitony, or he who sucks quick, his x mark
Leahwiddikah, or one who stirs up water, his x mark
Esharsotsiki, or the sleeping wolf, his x mark
Pahtrisula, or the dog, his x mark
Ettah, or the gun, his x mark
Tennowikah, or the boy who was soon a man, his x mark
Kumaquoi, or the woman who cuts buffalo meat, his x mark
Taqquanno, or the amorous man, his x mark
Kowa, or the stinking tobacco box, his x mark
Soko, or the old man, his x mark

Witchetaws:

Kanostowah, or the man who don't speak, his x mark
Kosharokah, or the man who marries his wife twice, his x mark
Terrykatowatix, the riding chief, his x mark
Tahdaydy, or the traveller, his x mark
Hahkahpillush, or the drummer, his x mark
Lachkah, or the first man in four battles, his x mark
Learhehash, or the man who weans children too soon, his x mark
Lachhardich, or the man who sees things done in the wrong way, his x mark
Noccuttardaditch, or the man who tries to excel the head chief, his x mark
Katarded wadick, or the man who killed an enemy in the water, his x mark
Losshah, or the twin, his x mark
Taytsaaytah, or the ambitious adulterer, his x mark
Tokaytah, or the summer, his x mark
Musshakratsatady, or the man with the dog skin cap, his x mark
Kipsh, or the man with one side of his head shaved, his x mark

Cherokees:

Dutch, his x mark
David Melton, his x mark

Muscogees:

Roley McIntosh, his x mark
Chilly McIntosh
Cho-co-te-tuston-nogu, or marshal of the Cho-co-te-clan, his x mark
Tus-ca-ne-ha, or the marshal, his x mark
Tusly Harjoe, or crazy town, his x mark
Alexander Lasley, his x mark
Neha Harjoe, or crazy marshal, his x mark
Tustunucke Harjoe, or crazy warrior, his x mark
Powes Emarlo, or marshal of Powes clan, his x mark
Cosa Yehola, or marshal of Cosa clan, his x mark
Powes Yehola, or marshal of Powes clan, his x mark
Toma Yehola, or marshal of Toma clan, his x mark
Cosado Harjoe, or crazy Cosada, his x mark
Neha Harjoe, or crazy marshal, his x mark
Cosada Tustonnogee, or the Cosada warrior, his x mark
Octiyachee Yehola, or marshal of Octiyachee clan, his x mark
Nulthcup Tustonnogee, or the middle warrior, his x mark
Ufala Harjoe, or crazy Ufala, his x mark
Cholafixico, or a fox without a heart, his x mark
Joseph Miller, his x mark
Samuel Brown, his x mark
Archi Kennard, his x mark
Towannay, or the slender man, his x mark
Saccasumky, or to be praised, his x mark
Siah Hardridge, his x mark
Warrior Hardridge, his x mark
George Stedham, his x mark
Itchhas Harjoe, or crazy beaver, his x mark
Itchofake Harjoe, or crazy deer?s heart, his x mark
Satockhaky, or the broad side, his x mark
Semehechee, or hide it away, his x mark
Hoyane, or passed by, his x mark
Melola, or waving, his x mark
Mateter, or the man who missed it, his x mark
Billy, his x mark
Tuskia Harjoe, or crazy brave, his x mark
Aussy, or the pursuer, his x mark
Tohoithla, or standing upon, his x mark
John Hambly
K. Lewis
John Wynn
David McKillap

Choctaws:

Musha-la-tubbee, or the man killer, his x mark
Na-tuck-a-chee, or fair day, his x mark
Par-chee-ste-cubbee, or the scalpholder, his x mark
To-pi-a-chee-hubbee, or the painted face, his x mark
Ya-cha-a-o-pay, or the leader of the warriors, his x mark
Tus-qui-hola-tah, or the travelling warrior, his x mark
Tic-eban-jo-hubbee, or the first for war, his x mark
Nucke Stubbee, or the bullet that has killed, his x mark
Toqua, or what you say, his x mark
Po-sha-ma-stubbee, or the killer, his x mark
Nuck-ho-ma-harjoe, or the bloody bullet, his x mark
Thomas Mickie, his x mark
Halam-be-sha, or the bat, his x mark
Ok-chia, or life, his x mark
Tus-ca-homa-madia, or the red warrior, his x mark
Tun-up-me-a-moma, or the red man who has gone to war, his x mark
Par-homa, or the red hoop, his x mark
No-wah-ba, the man who kills the enemy when he meets him, his x mark
Hisho-he-meta, or a young waiter, his x mark
Cho-ma-la-tubbee, or the man who is sure his enemy is dead, his x mark
Hokla-no-ma, the traveller in the town, his x mark
William, his x mark
Neasho Nubbee, he who knows where the enemy is killed, his x mark
Jim, his x mark
Eu-eck Harma, or the man who is never tired, his x mark
Nat-la Homa, or the bloody man, his x mark
Pia-o-sta, or to whoop four times, his x mark
Pa-sha-oa-cubbee, or the man who puts his foot on the scalp, his x mark
La-po-na, or the man who killed the enemy, his x mark
A-mo-na-tubbee, or lying in wait to kill, his x mark
A-fa-ma-tubbee, or the man who kills every thing he meets, his x mark

Osages:

Fah-ha-la, or the leaping deer, his x mark
Shone-ta-sah-ba, or the black dog, his x mark
Wah-shin-pee-sha, or the wicked man, his x mark
Tun-wan-le-he, or the town mover, his x mark
Whoa-har-tee, or the war eagle, his x mark
Me-tah-ne-gah, or the crazy robe, his x mark
Wah-she-sho-hee, or the smart spirit, his x mark
Ah-ke-tah, or the soldier, his x mark
Weir-sah-bah-sha, or the hidden black, his x mark
Ne-ko-jah, or the man hunter, his x mark
Hor-tea-go, or like night, his x mark
Wah-hah-tah-nee, or the fast runner, his x mark
Wah-nah-shee, or the taker away, his x mark
Ces-sah-ba, or the man in black, his x mark
Es-kah-mar-ne, or the white horn, his x mark
Kou-sah-she-la, or walking together, his x mark
Tcha-to-kah, or the buffalo, his x mark
O-ke-sah, or the man aside, his x mark
Wah-she-wah-ra, or the stopper, his x mark
Wah-ho-ba-shungee, ortheidolater, his x mark
Tone-ba-wah-tcha-la, or hard to look at the sun rising, his x mark
Shoe-chem-mo-nee, or the elk whistler, his x mark
Wash-kah-cha, or the tumbler, his x mark
Wah-ha, or the Pawnee chief's namesake, his x mark
Wah-kee-bah-nah, or the hard runner, his x mark
War-tcha-sheen-gah, or the scalp-carrier, his x mark
O-shaun-ga-tun-ga, or the big path, his x mark
Wah-hee-no-pee, or the bone necklace, his x mark
Lee-sap-kah-pee, or the man who missed his enemy, his x mark
Wah-to-ke-hak, or raw meat, his x mark
Wah-wah-shee, or quick runner, his x mark
Kah-he-ka-saree, or chief killer, his x mark
O-lash-tah-ba, or plate-licker, his x mark
Ma-ne-nah-shee, or the walker, his x mark
Shaun-ga-mo-nee, or the fall chief, his x mark
Tee-sha-wah-ra, or dry grass, his x mark
Ne-kah-wah-shee-tun-gah, or the brave spirit, his x mark

Senecas:

Thomas Brant, his x mark
Small Crout Spicer, his x mark
Isaac, his x mark
Mingo Carpenter, his x mark
John Sky, his x mark
Henry Smith, his x mark
Little Town Spicer, his x mark
Young Henry, his x mark
Peter Pork, his x mark
William Johnston, his x mark
Big Bone, his x mark
Big Isaac, his x mark
Civil Jack, his x mark
Ya-ga-ha, or the water in the apple, his x mark
Cau-ya-que-neh, or the snow drift, his x mark
Ya-ta-ato, or the little lake, his x mark
Douglass, his x mark
George Herring, his x mark

Quapaws:

Hi-ka-toa, or the dry man, his x mark
Wa-ga-de-tone, or the maggot, his x mark
Wa-to-va, or the spider, his x mark
Ca-ta-hah, or the tortoise, his x mark
Ma-towa-wah-cota, or the dug out, his x mark
Wa-go-dah-hou-kah, or the plume, his x mark
Ma-com-pa, or the doctor of the nose, his x mark
Cas-sa, or the black tortoise, his x mark
Haw-tez-chee-ka, or the little cedar, his x mark
Ma-so-goda-toah, or the hawk, his x mark
Wa-ka-toa-nosa, or the standing man, his x mark
Motosa, or the black bear, his x mark
Mor-bre-tone, or the little hawk, his x mark
Mar-to-ho-ga, or the white bear, his x mark
To-se-ca-da, or he who shows his track, his x mark
Tah-tah-ho-so, or the wind, his x mark
Hi-da-khe-da-sa, or the panther eagle, his x mark
O-tene-cah-chee-ka, or he who struck the enemy, his x mark
Me-ki-wah-kotah, or the star, his x mark
Ka-ti-mo-ne, or clear weather, his x mark
Vet-he-ka-ne, or thunder, his x mark
Ne-to-sa-mo-ne, or the black freshet, his x mark

In presence of:

R. B. Mason, major of dragoons,
G. Birch, major, U. S. Army,
Francis Lee, captain, Seventh Infantry,
Samuel G. I. DeCamp, surgeon,
W. Seawell, lieutenant and aid de camp; secretary to the commissioners,
Thomas B. Ballard,
Augustine A. Chouteau,
John Hambly, United States interpreter to the Creeks,
George Herron,
Leonard C. McPhail, assistant surgeon, U. S. Army,
Robert M. French
Source: Indian Treaties, Acts, and Agreements
TREATY WITH THE CHOCTAWS AND CHICKASAWS JAN 17, 1837
Articles of convention and agreement made on the seventeenth day of January, 1837, between the undersigned chiefs and commissioners duly appointed and empowered by the Choctaw tribe of red people, and John McLish, Pitman Colbert, James Brown, and James Perry, delegates of the Chickasaw tribe of Indians, duly authorized by the chiefs and head-men of said people for that purpose, at Doaksville, near Fort Towson, in the Choctaw country.

Article 1. It is agreed by the Choctaws that the Chickasaws shall have the privilege of forming a district within the limits of their country, to be held on the same terms that the Choctaws now hold it, except the right of disposing of it, (which is held in common with the Choctaws and Chickasaws) to be called the Chickasaw district of the Choctaw Nation; to have an equal representation in their general council, and to be placed on an equal footing in every other respect with any of the other districts of said nation, except a voice in the management of the consideration which is given for these rights and privileges; and the Chickasaw people to be entitled to all the rights and privileges of Choctaws, with the exception of participating in the Choctaw annuities and the consideration to be paid for these rights and privileges, and to be subject to the same laws to which the Choctaws are; but the Chickasaws reserve to themselves the sole right and privilege of controlling and managing the residue of their funds as far as is consistent with the late treaty between the said people and the Government of the United States, and of making such regulations and electing such officers for that purpose as they may think proper.

Article 2. The Chickasaw district shall be bounded as follows, viz: beginning on the north bank of Red River, at the mouth of Island Bayou, about eight or ten miles below the mouth of False Wachitta; thence running north along the main channel of said bayou to its source; thence along the dividing ridge between the Wachitta and Low Blue Rivers to the road leading from Fort Gibson to Fort Wachitta; thence along said road to the line dividing Musha-la-tubbee and Push-metahaw districts; thence eastwardly along said district line to the source of Brushy Creek; thence down said creek to where it flows into the Canadian River, ten or twelve miles above the mouth of the south fork of the Canadian; thence west along the main Canadian River to its source, if in the limits of the United States, or to those limits; and thence due south to Red River, and down Red River to the beginning.

Article 3. The Chickasaws agree to pay the Choctaws, as a consideration for these rights and privileges, the sum of five hundred and thirty thousand dollars-thirty thousand of which shall be paid at the time and in the manner that the Choctaw annuity of 1837 is paid, and the remaining five hundred thousand dollars to be invested in some safe and secure stocks, under the direction of the Government of the United States, redeemable within a period of not less than twenty years-and the Government of the United States shall cause the interest arising therefrom to be paid annually to the Choctaws in the following manner: twenty thousand dollars of which to be paid as the present Choctaw annuity is paid, for four years, and the residue to be subject to the control of the general council of the Choctaws; and after the expiration of the four years the whole of said interest to be subject to the entire control of the said council.

Article 4. To provide for the future adjustment of all complaints or dissatisfaction which may arise to interrupt the peace and harmony which have so long and so happily existed between the Choctaws and Chickasaws, it is hereby agreed by the parties that all questions relative to the construction of this agreement shall be referred to the Choctaw agent to be by him decided; reserving, however, to either party, should it feel itself aggrieved thereby, the rights of appealing to the President of the United States, whose decision shall be final and binding. But as considerable time might elapse before the decision of the President could be had in the meantime the decision of the said agent shall be binding.

Article 5. It is hereby declared to be the intention of the parties hereto, that equal rights and privileges shall pertain to both Choctaws and Chickasaws to settle in whatever district they may think proper, and to be eligible to all the different offices of the Choctaw Nation, and to vote on the same terms in whatever district they may settle, except that the Choctaws are not to vote in anywise for officers in relation to the residue of the Chickasaw fund.

In testimony whereof, the parties hereto have hereunto subscribed their names and affixed their seals, at Doaksville, near fort Towson in the Choctaw country, on the day and year first above written.

In the presence of:
Wm. Armstrong, Acting Superintendent Western Territory,
Henry R. Carter, Conductor of the Chickasaw Delegation
Josiah S. Doak,
Vincent B. Tims,
Daniel McCurtain, United States Interpreter,
P. J. Humphreys,
J. T. Sprague, Lieutenant U. S. Marine Corps,
Thomas Lafloor, his x mark, Chief of Oaklafalaya district,
Nituchachue, his x mark, Chief of Pushmatahaw district,
Joseph Kincaid, his x mark, Chief of Mushalatubbee district.

Commissioners of the Choctaw Nation:
P. P. Pitchlynn, [L. S.]
George W. Haskins, [L. S.]
Israel Folsom, [L. S.]
R. M. Jones, [L. S.]
Silas D. Fisher, [L. S.]
Samuel Wowster, [L. S.]
John McKenney, his x mark,
Eyachahofaa, his x mark,
Nathaniel Folsom, his x mark,
Lewis Breashears, his x mark,
James Fletcher, his x mark,
George Pusley, his x mark,

Captains:
Oak-chi-a, his x mark,
Thomas Hays, his x mark,
Pis-tam-bee, his x mark,
Ho-lah-ta-ho-ma, his x mark,
E-yo-tah, his x mark,
Isaac Perry, his x mark,
No-wah-ham-bee, his x mark.

Chickasaw delegation:
J. McLish,
Pitman Colbert,
James Brown, his x mark,
James Perry, his x mark.
Source: Indian Treaties, Acts and Agreements
TREATY WITH TH CHOCTAW AND CHICKASAW NOV 4, 1854
Whereas a convention and agreement was made and entered into by the Choctaw and Chickasaw Indians, at Doaksville, near Fort Towson, in the Choctaw country, on the seventeenth day of January, A. D. one thousand eight hundred and thirty-seven; and, whereas, difficulties have arisen between said tribes in regard to the line of boundary, between the Chickasaw district and other districts of the Choctaw nation, described in article second of said convention and agreement; and, whereas, it is the desire of the said tribes, that there shall no longer exist any dispute in regard to the boundary of the Chickasaw district, the undersigned, Thomas J. Pitchlynn, Edmund McKenny, R. M. Jones, Daniel Folsom, and Samuel Garland, commissioners duly appointed and empowered by the Choctaw tribe of red people; and Edmund Pickens, Benjamin S. Love, James T. Gaines, Sampson Folsom, and Edmund Perry, commissioners duly appointed and empowered by the Chickasaw tribe of Indians, to settle all matters in dispute between their respective tribes, which require new articles of agreement between them, have solemnly made the following articles of convention and agreement, on the fourth day of November, A. D. one thousand eight hundred and fifty-four, at Doaksville, near Fort Towson, in the Choctaw country, subject to the approval of the President and the Senate of the United States.

Article 1. It is agreed by the Choctaw and Chickasaw tribes of Indians, in lieu of the boundaries established under article second of the convention and agreement entered into between said tribes, January 17th, A. D. 1837, the Chickasaw district of the Choctaw nation shall be bounded as follows, viz: Beginning on the north bank of the Red River, at the mouth of Island Bayou, where it empties into the Red River, about twenty-six miles on a straight line, below the mouth of False Wachitta, thence running a northwesterly course, along the main channel of said bayou to the junction of three prongs of said bayou nearest the dividing ridge between Wachitta and Low Blue rivers, as laid down upon Capt. R. L. Hunter's map; thence, northerly along the eastern prong of Island Bayou to its source; thence, due north to the Canadian River, thence west, along the main Canadian, to one hundred degrees of west longitude; thence south to Red River, and down Red River to the beginning: Provided, however, if the line running due north from the eastern source of Island Bayou to the main Canadian shall not include Allen's or Wa-pa-nacka academy within the Chickasaw district, then an offset shall be made from said line so as to leave said academy two miles within the Chickasaw district, north, west, and south from the lines of boundary.

Article 2. It is agreed by the Choctaws, that the Chickasaws employ a surveyor or engineer to run out and mark the eastern line of the Chickasaw district, and by the Chickasaws that they will pay all expenses incurred in running out and marking said line; and it is mutually agreed that the chiefs of each district of the Choctaw nation shall appoint one commissioner to attend and supervise the running and marking of said line; the chief of the Chickasaw district giving them at least thirty days' notice of the time when the surveyor or engineer will proceed to run out and mark the line agreed upon; which shall be plainly marked upon trees, where there is timber, and by permanent monuments of stone, at every mile, where there is not sufficient timber upon which the line can be marked in a permanent manner, before the first day of August, A. D. one thousand eight hundred and fifty-five.

In testimony whereof, the parties to this convention and agreement have hereunto subscribed their names and affixed their seals.
Done in triplicate at Doaksville, near Fort Towson, Choctaw Nation, the day and year first above written.

Commissioners on the part of Choctaws
Thos. J. Pitchlynn, [L. S.]
Edmund McKenny, [L. S.]
R. M. Jones, [L. S.]
Daniel Folsom, [L. S.]
Samuel Garland, [L. S.]

Commissioners on the part of the Chickasaws
Edmund Pickens [L. S.]
Benjamin S. Love, [L. S.]
James T. Gaines, [L. S.]
Sampson Folsom, [L. S.]
Edmund Perry, [L. S.]

In presence of:
Geo. W. Harkins,
Peter Folsom,
Nicholas Cochnaner,
Jackson Frazier,

Chiefs of the Choctaw Nation
Douglas H. Cooper, United States Indian agent.
William K. McKean.
Source: Indian Treaties, Acts and Agreements
TREATY WITH THE CHOCTAW AND CHICKASAW JUNE 22, 1855
Articles of agreement and convention between the United States and the Choctaw and Chickasaw tribes of Indians, made and concluded at the city of Washington, the twenty-second day of June, A. D. one thousand eight hundred and fifty-five, by George W. Manypenny, commissioner on the part of the United States, Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dixon W. Lewis, commissioners on the part of the Choctaws; and Edmund Pickens and Sampson Folsom, commissioners on the part of the Chickasaws:

Whereas, the political connection heretofore existing between the Choctaw and the Chickasaw tribes of Indians, has given rise to unhappy and injurious dissensions and controversies among them, which render necessary a re-adjustment of their relations to each other and to the United States: and
Whereas the United States desire that the Choctaw Indians shall relinquish all claim to any territory west of the one hundredth degree of west longitude, and also to make provision for the permanent settlement within the Choctaw country, of the Wichita and certain other tribes or bands of Indians, for which purpose the Choctaws and Chickasaws are willing to lease, on reasonable terms, to the United States, that portion of their common territory which is west of the ninety-eighth degree of west longitude: and

Whereas, the Choctaws contend, that, by a just and fair construction of the treaty of September 27, 1830, they are, of right, entitled to the net proceeds of the lands ceded by them to the United States, under said treaty, and have proposed that the question of their right to the same, together with the whole subject-matter of their unsettled claims, whether national or individual, against the United States, arising under the various provisions of said treaty, shall be referred to the Senate of the United States for final adjudicatiion and adjustment, and whereas, it is necessary for the simplification and better understanding of the relations between the United States and the Choctaw Indians, that all their subsisting treaty stipulations be embodied in one comprehensive instrument:

Now, therefore, the United States of America, by their commissioner, George W. Manypenny, the Choctaws, by their commissioners, Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, and the Chickasaws, by their commissioners, Edmund Pickens and Sampson Folsom do hereby agree and stipulate as follows, viz:

Article 1. The following shall constitute and remain the boundaries of the Choctaw and Chickasaw country, viz: Beginning at a point on the Arkansas River, one hundred paces east of old Fort Smith, where the western boundary-line of the State of Arkansas crosses the said river, and running thence due south to Red River; thence up Red River to the point where the meridian of one hundred degrees west longitude crossed the same; thence north along said meridian to the main Canadian River; thence down said river to its junction with the Arkansas River; thence down said river to the place of beginning.
And pursuant to an act of Congress approved May 28, 1830, the United States do hereby forever secure and guarantee the lands embraced within the said limits, to the members of the Choctaw and Chickasaw tribes, their heirs and successors, to be held in common; so that each and every member of either tribe shall have an equal, undivided interest in the whole: Provided, however, No part thereof shall ever be sold without the consent of both tribes, and that said land shall revert to the United States if said Indians and their heirs become extinct or abandon the same.

Article 2. A district for the Chickasaws is hereby established, bounded as follows, to wit: Beginning on the north bank of Red River, at the mouth of Island Bayou, where it empties into Red River, about twenty-six miles in a straight line, below the mouth of False Wachitta; thence running a northwesterly course, along the main channel of said bayou, to the junction of the three prongs of said bayou, nearest the dividing ridge between Wachitta and Low Blue Rivers, as laid down on Capt. R. L. Hunter's map; thence northerly along the eastern prong of Island Bayou to its source; thence due north to the Canadian River; thence west along the main Canadian to the ninety-eighth degree of west longitude; thence south to Red River; and thence down Red River to the beginning: Provided, however, If the line running due north, from the eastern source of Island Bayou, to the main Canadian shall not include Allen's or Wa-pa-nacka Academy, within the Chickasaw District, then, an offset shall be made from said line, so as to leave said academy two miles within the Chickasaw district, north, west and south from the lines of boundary.

Article 3. The remainder of the country held in common by the Choctaws and Chickasaws, shall constitute the Choctaw district, and their officers and people shall at all times have the right of safe conduct and free passage through the Chickasaw district.

Article 4. The government and laws now in operation and not incompatible with this instrument, shall be and remain in full force and effect within the limits of the Chickasaw district, until the Chickasaws shall adopt a constitution, and enact laws, superseding, abrogating, or changing the same. And all judicial proceedings within said district, commenced prior to the adoption of a constitution and laws by the Chickasaws, shall be conducted and determined according to existing laws.

Article 5.
The members of either the Choctaw or the Chickasaw tribe, shall have the right, freely, to settle within the jurisdiction of the other, and shall thereupon be entitled to all the rights, privileges, and immunities of citizens thereof; but no member of either tribe shall be entitled to participate in the funds belonging to the other tribe. Citizens of both tribes shall have the right to institute and prosecute suits in the courts of either, under such regulations as may, from time to time, be prescribed by their respective legislatures.

Article 6. Any person duly charged with a criminal offence against the laws of either the Choctaw or the Chickasaw tribe, and escaping into the jurisdiction of the other, shall be promptly surrendered, upon the demand of the proper authorities of the tribe, within whose jurisdiction the offence shall be alleged to have been committed.

Article 7. So far as may be compatible with the Constitution of the United States and the laws made in pursuance thereof, regulating trade and intercourse with the Indian tribes, the Choctaws and Chickasaws shall be secured in the unrestricted right of self-government, and full jurisdiction, over persons and property, within their respective limits; excepting, however, all persons, with their property, who are not by birth, adoption, or otherwise citizens or members of either the Choctaw or Chickasaw tribe, and all persons, not being citizens or members of either tribe, found within their limits, shall be considered intruders, and be removed from, and kept out of the same, by the United States agent, assisted if necessary by the military, with the following exceptions, viz: Such individuals as are now, or may be in the employment of the Government, and their families; those peacefully travelling, or temporarily sojourning in the country or trading therein, under license from the proper authority of the United States, and such as may be permitted by the Choctaws or Chickasaws, with the assent of the United States agent, to reside within their limits, without becoming citizens or members of either of said tribes.

Article 8. In consideration of the foregoing stipulations, and immediately upon the ratification of this convention, there shall be paid to the Choctaws, in such manner as their national council shall direct, out of the national fund of the Chickasaws held in trust by the United States, the sum of one hundred and fifty thousand dollars.

Article 9. The Choctaw Indians do hereby absolutely and forever quit-claim and relinquish to the United States all their right, title, and interest in, and to any and all lands, west of the one hundredth degree of west longitude; and the Choctaws and Chickasaws do hereby lease to the United States all that portion of their common territory west of the ninety-eighth degree of west longitude, for the permanent settlement of the Wichita and such other tribes or bands of Indians as the Government may desire to locate therein; excluding, however, all the Indians of New Mexico, and also those whose usual ranges at present are north of the Arkansas River, and whose permanent locations are north of the Canadian River, but including those bands whose permanent ranges are south of the Canadian, or between it and the Arkansas; which Indians shall be subject to the exclusive control of the United States, under such rules and regulations, not inconsistent with the rights and interests of the Choctaws and Chickasaws, as may from time to time be prescribed by the President for their government: Provided, however, The territory so leased shall remain open to settlement by Choctaws and Chickasaws as heretofore.

Article 10. In consideration of the foregoing relinquishment and lease, and as soon as practicable after the ratification of this convention, the United States will pay to the Choctaws the sum of six hundred thousand dollars, and to the Chickasaws the sum of two hundred thousand dollars, in such manner as their general councils shall respectively direct.

Article 11. The Government of the United States, not being prepared to assent to the claim set up under the treaty of September the twenty-seventh, eighteen hundred and thirty, and so earnestly contended for by the Choctaws as a rule of settlement, but justly appreciating the sacrifices, faithful services, and general good conduct of the Choctaw people, and being desirous that their rights and claims against the United States shall receive a just, fair, and liberal consideration, it is therefore stipulated that the following questions be submitted for adjudication to the Senate of the United States.

First. Whether the Choctaws are entitled to, or shall be allowed, the proceeds of the sale of the lands ceded by them to the United States, by the treaty of September the twenty-seventh, eighteen hundred and thirty, deducting therefrom the cost of their survey and sale, and all just and proper expenditures and payments under the provisions of said treaty; and if so, what price per acre shall be allowed to the Choctaws for the lands remaining unsold, in order that a final settlement with them may be promptly effected. Or,

Second. Whether the Choctaws shall be allowed a gross sum in further and full satisfaction of all their claims national and individual against the United States; and, if so, how much.

Article 12. In case the Senate shall award to the Choctaws the net proceeds of the lands, ceded as aforesaid, the same shall be received by them in full satisfaction of all their claims against the United States, whether national or individual, arising under any former treaty; and the Choctaws shall thereupon become liable and bound to pay all such individual claims as may be adjudged by the proper authorities of the tribe to be equitable and just—the settlement and payment to be made with the advice and under the direction of the United States agent for the tribe; and so much of the fund, awarded by the Senate to the Choctaws, as the proper authorities thereof shall ascertain and determine to be necessary for the payment of the just liabilities of the tribe, shall on their requisition be paid over to them by the United States. But should the Senate allow a gross sum, in further and full satisfaction of all their claims, whether national or individual, against the United States, the same shall be accepted by the Choctaws, and they shall thereupon become liable for, and bound to pay, all the individual claims as aforesaid; it being expressly understood that the adjudication and decision of the Senate shall be final.

Article 13. The amounts secured by existing treaty stipulations— viz: permanent annuity of three thousand dollars, under the second article of the treaty of eighteen hundred and five; six hundred dollars per annum for the support of light-horse men under the thirteenth article of the treaty of eighteen hundred and twenty; permanent annuity of six thousand dollars for education; under the second article of the treaty of eighteen hundred and twenty-five; six hundred dollars per annum permanent provision for the support of a blacksmith, under the sixth article of the treaty of eighteen hundred and twenty; and three hundred and twenty dollars permanent provision for iron and steel, under the ninth article of the treaty of eighteen hundred and twenty-five—shall continue to be paid to, or expended for the benefit of, the Choctaws as heretofore; or the same may be applied to such objects of general utility as may, from time to time, be designated by the general council of the tribe, with the approbation of the Government of the United States. And the funds now held in trust by the United States for the benefit of the Choctaws under former treaties, or otherwise, shall continue to be so held; together with the sum of five hundred thousand dollars out of the amount payable to them under articles eighth and tenth of this agreement, and also whatever balance shall remain, if any, of the amount that shall be allowed the Choctaws, by the Senate, under the twelfth article hereof, after satisfying the just liabilities of the tribe. The sums so to be held in trust shall constitute a general Choctaw fund, yielding an annual interest of not less than five per centum; no part of which shall be paid out as annuity, but shall be regularly and judiciously applied, under the direction of the general council of the Choctaws, to the support of their government for purposes of education, and such other objects as may be best calculated to promote and advance the improvement, welfare, and happiness of the Choctaw people and their descendants.

Article 14. The United States shall protect the Choctaws and Chickasaws from domestic strife, from hostile invasion, and from aggression by other Indians and white persons not subject to their jurisdiction and laws; and for all injuries resulting from such invasion or aggression, full indemnity is hereby guaranteed to the party or parties injured, out of the Treasury of the United States, upon the same principle and according to the same rules upon which white persons are entitled to indemnity for injuries or aggressions upon them committed by Indians.

Article 15. The Choctaws and Chickasaws shall promptly apprehend and deliver up all persons accused of any crime or offence against the laws of the United States, or of any State thereof, who may be found within their limits, on demand of any proper officer of a State, or of the United States.

Article 16. All persons licensed by the United States to trade with the Choctaws or Chickasaws shall be required to pay to the respective tribes a moderate annual compensation for the land and timber used by them; the amount of such compensation, in each case, to be assessed by the proper authorities of said tribe, subject to the approval of the United States agent.

Article 17. The United States shall have the right to establish and maintain such military posts, post-roads, and Indian agencies, as may be deemed necessary within the Choctaw and Chickasaw country, but no greater quantity of land or timber shall be used for said purposes, than shall be actually requisite; and if, in the establishment or maintenance of such posts, post-roads, and agencies, the property of any Choctaw or Chickasaw shall be taken, injured, or destroyed, just and adequate compensation shall be made by the United States. Only such persons as are, or may be in the employment of the United States, or subject to the jurisdiction and laws of the Choctaws, or Chickasaws, shall be permitted to farm or raise stock within the limits of any of said military posts or Indian agencies. And no offender against the laws of either of said tribes, shall be permitted to take refuge therein.

Article 18. The United States, or any incorporated company, shall have the right of way for railroads, or lines of telegraphs, through the Choctaw and Chickasaw country; but for any property taken or destroyed in the construction thereof, full compensation shall be made to the party or parties injured, to be ascertained and determined in such manner as the president of the United States shall direct.

Article 19. The united States shall, as soon as practicable, cause the eastern and western boundary lines of the tract of country described in the 1st article of this convention, and the western boundary of the Chickasaw district, as herein defined, to be run and permanently marked.

Article 20. That this convention may conduce as far as possible to the restoration and preservation of kind and friendly feeling among the Choctaws and Chickasaws, a general amnesty of all past offences, committed within their country, is hereby declared.
And in order that their relations to each other and to the United States may hereafter be conducted in a harmonious and satisfactory manner, there shall be but one agent for the two tribes.

Article 21. This convention shall supersede and take the place of all former treaties between the United States and the Choctaws, and also, of all treaty stipulations between the United States and the Chickasaws, and between the Choctaws and Chickasaws, inconsistent with this agreement, and shall take effect and be obligatory upon the contracting parties, from the date hereof, whenever the same shall be ratified by the respective councils of the Choctaw and Chickasaw tribes, and by the President and Senate of the United States.

Article 22. It is understood and agreed that the expenses of the respective commissioners of the two tribes, signing these articles of agreement and convention, in coming to, and returning from this city, and while here, shall be paid by the United States.

It testimony whereof, the said George W. Manypenny, commissioner of the part of the United States, and the said commissioners on the part of the Choctaws and of the Chickasaws, have hereunto set their hands and seals.
Done in triplicate at the city of Washington, on this twenty-second day of June, in the year of our Lord one thousand eight hundred and fifty-five.

George W. Manypenny, United States Commissioner. [L. S.]

Choctaw Commissioners
P. P. Pitchlynn
Israel Folsom
Sam'l Garland
Dickson W. Lewis

Chickasaw Commissioners
Edmund Pickens, his x mark
Sampson Folsom

Executed in presence of:
A. O. P. Nicholson,
James G. Berret,
Douglas H. Cooper, United States Indian agent.

And whereas the said treaty having been submitted to the general council of the Chickasaw tribe, the general council did, on the third day of October, A. D. one thousand eight hundred and fifty-five, assent to, ratify, and confirm the same, with the following amendment: “Add to the 19th article, By commissioners to be appointed by the contracting parties hereto'' by an instrument in writing, in the words and figures following, to wit:—

Whereas articles of agreement and convention were made and concluded on the twenty-second day of June, A. D. one thousand eight hundred and fifty-five, by and between George W. Manypenny, commissioner on the part of the United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, comissioners on the part of the Choctaws; and Edmund Pickens, and Sampson Folsom, commissioners on the part of the Chickasaws, at the city of Washington, in the District of Columbia, the preamble whereof is in the words and figures following, “to wit:” Whereas, the political connection heretofore existing between the Choctaw and Chickasaw tribes of Indians, has given rise to unhappy and injurious dissensions and controversies among them, which render necessary a readjustment of their relations to each other and to the United States; and whereas, the United States desire that the Choctaw Indians shall relinquish all claim to any territory west of the one hundredth degree of west longitude, and also to make provision for the permanent settlement within the Choctaw country of the Wichita and certain other tribes or bands of Indians, for which purpose the Choctaws and Chickasaws are willing to lease, on reasonable terms, to the United States, that portion of their common territory which is west of the ninety-eighth degree of west longitude; and whereas the Choctaws contend that, by a just and fair construction of the treaty of September 27, 1830, they are of right entitled to the net proceeds of the lands ceded by them to the United States, under said treaty, and have proposed that the question of their right to the same, together with the whole subject-matter of their unsettled claims, whether national or individual, against the United States, arising under the various provisions of said treaty, shall be referred to the Senate of the United States for final adjudication and adjustment; and whereas it is necessary, for the simplification and better understanding of the relations between the United States and the Choctaw Indians, that all their subsisting treaty stipulations be embodied in one comprehensive instrument; and whereas, in the twenty-first article thereof, it is, among other things, recited that said agreement “shall take effect and be obligatory upon the contracting parties from the date hereof, whenever the same shall be ratified by the respective councils of the Choctaw and Chickasaw tribes of Indians and by the President and Senate of the United States.”

Now, therefore, be it known, that the Chickasaws, in general council assembled, having duly considered said articles of agreement and convention, and each and every clause thereof, and being satisfied therewith, do, upon their part, hereby assent to, ratify, and confirm the same, as stipulated and required, with the following amendment: “Add to the nineteenth article, “By commissioners to be appointed by the contracting parties hereto.”

Done and approved at Tishomingo, in the Chickasaw district of the Choctaw nation, this third day of October, in the year of our Lord, one thousand eight hundred and fifty-five.

Joel Kemp. President.
D. Colbert, F. C.

Passed the council.

Attest:
Cyrus Harris, clerk of the council.

And whereas the Chickasaws, in general council assembled, did, on the 13th day of December, A. D. 1855, recede from and rescind the said amendment, and did ratify and confirm the said treaty, and every part thereof, by an instrument in writing, in the words and figures following, to wit:—

Whereas the Chickasaws, in general council assembled, after having duly considered the stipulations contained in a certain convention and agreement, made and entered into at the city of Washington, on the 22d day of June, A. D. 1855, between George W. Manypenny, commissioner on the part of the United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, commissioners on the part of he Choctaws; Edmund Pickens and Sampson Folsom, commissioners on the part of the Chickasaws, did, on the third day of October, A. D. 1855, at Tisho-mingo, in the Chickasaw district, Choctaw nation, assent to, ratify, and confirm each and every part of said convention and agreement, with the following amendment, viz: “Add to the 19th article, ‘By commissioners to be appointed by the contracting parties hereto.’” And whereas, said amendment was not duly considered and concurred in by the Choctaws in general council assembled; but said agreement and convention, and every part thereof, was assented to, ratified, and confirmed by said council without amendment. Now, therefore, be it know, that the Chicksaws, in general council assembled, having reconsidered said proposed amendment, do hereby recede from, and rescind the same, hereby assenting to, ratifying, and confirming said agreement and convention, and every part thereof.

Done and approved at the council-house at Tisho-mingo, Chickasaw district, Choctaw nation, this 13th day of December, A. D. 1855.

Approved December 13, 1855.

J. McCoy, President of the Council.
Dougherty Colbert, F. C.

Attest:
Cyrus Harris, Secretary.

Signed in presence of:
Jackson Frazier, Chief Chickasaw district, Choctaw nation.
Douglas H. Cooper, United States Indian agent.

And whereas the said treaty having been submitted to the general council of the Choctaw tribe, the said general council did, on the 16th day of November, A. D. one thousand eight hundred and fifty-five, consent to and ratify the same by an instrument in the words and figures following, to wit:
Whereas articles of agreement and convention were made and concluded on the twenty-second day of June, A. D. one thousand eight hundred and fifty-five, by and between George W. Manypenny, commissioner on the part of the United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, commissioners on the part of the Choctaws; and Edmund Pickens and Sampson Folsom, commissioners on the part of the Chicksaws, at the city of Washington, in the District of Columbia, the preamble whereof is in the words and figures following, viz: “Whereas the political connection heretofore existing between the Choctaw and the Chickasaw tribes of Indians, has given rise to unhappy and injurious dissensions and controversies among them, which render necessary a readjustment of their relations to each other and to the United States; and whereas the United States desire that the Choctaw Indians shall relinquish all claim to any territory west of the one hundredth degree of west longitude, and also to make provision for the permament settlement within the Choctaw country, of the Wichita and certain other tribes or bands of Indians, for which purpose the Choctaws and Chicksaws are willing to lease, on reasonable terms, to the United States, that portion of their common territory which is west of the ninety-eighth degree of west longitude; and whereas, the Choctaws contend that, by a just and fair construction of the treaty of September 27, 1830, they are, of right, entitled to the net proceeds of the lands ceded by them to the United States, under said treaty, and have proposed that the question of their right to the same, together with the whole subject-matter of their unsettled claims, whether national or individual, against the United States arising under the vartious provisions of said treaty, shall be referred to the Senate of the United States, for final adjudication and adjustment; and whereas it is necessary, for the simplification and better understanding of the relations between the United States and the Choctaw Indians, that all their subsisting treaty stipulations be embodied in one comprehensive instrument;” and whereas, in the twenty-first article thereof, it is, among other things, recited that said agreement “shall take effect and be obligatory upon the contracting [parties] from the date hereof, whenever the same shall be ratified by the respective councils of the Choctaw and Chickasaw tribes and by the President and Senate of the United States.”

Now, therefore, be it known, that the Choctaws, in general council assembled, having duly considered said articles of agreement and convention, and each and every clause thereof, and being satisfied therewith, do, upon their part, hereby assent to, ratify, and confirm the same as stipulated and required.

Done and approved at the council-house, at Fort Towson, in the Choctaw nation, this sixteenth day of the November, in the year of our Lord one thousand eight hundred and fifty-five.

Tandy Walker, President of the Senate.
Kennedy M. Curtain, Speaker of the House of Representatives.

Approved:

Geo. W. Harkins, Chief of Ahpuck District.
N. Cochnaner, Chief of Pushematahn District.
Adam Christy, Speaker, and Acting Chief of Moosholatubbee District.

Signed in presence of:
Douglas H. Cooper, U. S. Indian Agent for Choctaw Tribe.
Source: Indian Treaties, Acts and Agreements
SUPPLAMENTARY TO THE SEPT 27, 1830 TREATY OF DANCING RABBIT CREEK
A treaty of perpetual, friendship, cession and limits, entered into by John H. Eaton and John Coffee, for and in behalf of the Government of the United States, and the Mingo, Chiefs, Captains and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit Creek, on the fifteenth of September, in the year eighteen hundred and thirty.

WHEREAS the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same, and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty:

Peace and Friendship

Article I. Perpetual peace and friendship is pledged and agreed upon by and between the United States and the Mingo, Chiefs, and Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void.

Country to be conveyed to Choctaws

Article II. The United States under a grant specially to be made by the President of the U.S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the source of the Canadian fork; if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the Territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified.

Country ceded to United States

Article III. In consideration of the provisions contained in the several articles of this Treaty, the Choctaw nation of Indians consent and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to move beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833, a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes.

Self government secured to Choctaws

Article IV. The Government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may be within their limits west, so that no Territory or state shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the F. S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian affairs. But the Choctaws, should this treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws any white man who shall come into their nation and infringe any of their national regulations.

United States to protect Choctaws, etc.

Article V. The United States are obliged to protect the Choctaws from domestic strife and from foreign enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U.S. for defense or for wrongs committed by an enemy, on a citizen of the U.S. shall be equally binding in favor of the Choctaws, and in all cases where the Choctaws shall be called upon by a legally authorized officer of the U.S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U.S. receive in such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U.S. unless it be in self defense against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U.S. are advised thereof.

Offences against citizens of United States, etc

Article VI. Should a Choctaw or any party of Choctaws commit acts of violence upon the person or property of a citizen of the U.S. or join any war party against any neighboring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U.S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U.S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender.

Offences against Choctaws

Article VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U.S. or neighboring Tribes of Red People, shall be referred to some authorized Agent by him to be referred to the President of the U.S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation.

Delivery of offenders

Article VIII. Offenders against the laws of the U.S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U.S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States.

Persons ordered from the nation, etc.

Article IX. Any citizen of the U.S. who may be ordered from the Nation by the Agent and constituted authorities of the Nation and refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be provided by the laws of the U.S. in such cases. Citizens of the U.S. traveling peaceably under the authority of the laws of the U.S. shall be under the care and protection of the nation.

Traders to require a written permit

Article X. No person shall expose goods or other article for sale as a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the Congress of the U.S. under penalty of forfeiting the Articles, and the constituted authorities of the Nation shall grant no license except to such persons as reside in the Nation and are answerable to the laws of the Nation. The U.S. shall be particularly obliged to assist to prevent ardent spirits from being introduced into the Nation.

Navigable streams. post-offices, and military posts

Article XI. Navigable streams shall be free to the Choctaws who shall pay no higher toll or duty than citizens of the U.S. It is agreed further that the U.S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary.

Intruders - Theft

Article XII. All intruders shall be removed from the Choctaw Nation and kept without it. Private property to be always respected and on no occasion taken for public purposes without just compensation being made therefor to the rightful owner.
If an Indian unlawfully take or steal any property from a white man a citizen of the U.S. the offender shall be punished. And if a white man unlawfully take or steal any thing from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be given up to be tried for any offense against the laws of the U.S. if unable to employ counsel to defend him, the U.S. will do it, that his trial may be fair and impartial.

Agent

Article XIII. It is consented that a qualified Agent shall be appointed for the Choctaws every four years, unless sooner removed by the President; and he shall be removed on petition of the constituted authorities of the Nation, the President being satisfied there is sufficient cause shown. The Agent shall fix his residence convenient to the great body of the people; and in the selection of an Agent immediately after the ratification of this Treaty, the wishes of the Choctaw Nation on the subject shall be entitled to great respect.

Choctaws wishing to become citizens of United States

Article XIV. Each Choctaw head of a family being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after the ratification of this Treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the privilege of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity.

Reservations for Chiefs, Annuities, Pay of Chiefs, etc

Article XV. To each of the Chiefs in the Choctaw Nation (to wit) Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of four sections of land, two of which shall include and adjoin their present improvement, and the other two located where they please but on unoccupied unimproved lands, such sections shall be bounded by sectional lines, and with the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors in office there shall be paid two hundred and fifty dollars annually while they shall continue in their respective offices, except to Mushulatubbe, who as he has an annuity of one hundred and fifty dollars for life under a former treaty, shall receive only the additional sum of one hundred dollars, while he shall continue in office as Chief; and if in addition to this the Nation shall think proper to elect an additional principal Chief of the whole to superintend and govern upon republican principles he shall receive annually for his services five hundred dollars, which allowance to the Chiefs and their successors in office, shall continue for twenty years. At any time when in military service, and while in service by authority of the U.S. the district Chiefs under and by selection of the President shall be entitled to the pay of Majors; the other Chief under the same circumstances shall have the pay of a Lieutenant Colonel. The Speakers of the three districts, shall receive twenty-five dollars a year for four years each; and the three secretaries one to each of the Chiefs, fifty dollars each for four years. Each Captain of the Nation, the number not to exceed ninety-nine, thirty-three from each district, shall be furnished upon removing to the West, with each a good suit of clothes and a broad sword as an outfit, and for four years commencing with the first of their removal shall each receive fifty dollars a year, for the trouble of keeping their people at order in settling; and whenever they shall be in military service by authority of the U.S. shall receive the pay of a captain.

Removal of Indians, Cattle

Article XVI. In wagons; and with steam boats as may be found necessary--the U.S. agree to remove the Indians to their new homes at their expense and under the care of discreet and careful persons, who will be kind and brotherly to them. They agree to furnish them with ample corn and beef, or pork for themselves and families for twelve months after reaching their new homes.
It is agreed further that the U.S. will take all their cattle, at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money after their arrival at their new homes; or other cattle such as may be desired shall be furnished them, notice being given through their Agent of their wishes upon this subject before their removal that time to supply the demand may be afforded.

Annuities under former treaties, Further annuity

Article XVII. The several annuities and sums secured under former Treaties to the Choctaw nation and people shall continue as though this Treaty had never been made.
And it is further agreed that the U.S. in addition will pay the sum of twenty thousand dollars for twenty years, commencing after their removal to the west, of which, in the first year after their removal, ten thousand dollars shall be divided and arranged to such as may not receive reservations under this Treaty.

Survey of ceded lands, etc.

Article XVIII. The U.S. shall cause the lands hereby ceded to be surveyed; and surveyors may enter the Choctaw Country for that purpose, conducting themselves properly and disturbing or interrupting none of the Choctaw people. But no person is to be permitted to settle within the nation, or the lands to be sold before the Choctaws shall remove. And for the payment of the several amounts secured in this Treaty, the lands hereby ceded are to remain a fund pledged to that purpose, until the debt shall be provided for and arranged. And further it is agreed, that in the construction of this Treaty wherever well founded doubt shall arise, it shall be construed most favorably towards the Choctaws.

Reservation of land, for Certain individuals, Heads of Families, Captains and Orphans

Article XIX. The following reservations of land are hereby admitted. To Colonel David Fulsom four sections of which two shall include his present improvement, and two may be located elsewhere, on unoccupied, unimproved land.

To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn, Charles Juzan, Johokebetubbe, Eaychahobia, Ofehoma, two sections, each to include their improvements, and to be bounded by sectional lines, and the same may be disposed of and sold with the consent of the President. And that others not provided for, may be provided for, there shall be reserved as follows:

First. One section to each head of a family not exceeding Forty in number, who during the present year, may have had in actual cultivation, with a dwelling house thereon fifty acres or more.

Secondly, three quarter sections after the manner aforesaid to each head of a family not exceeding four hundred and sixty, as shall have cultivated thirty acres and less than fifty, to be bounded by quarter section lines of survey, and to be contiguous and adjoining.

Third; One half section as aforesaid to those who shall have cultivated from twenty to thirty acres the number not to exceed four hundred.

Fourth; a quarter section as aforesaid to such as shall have cultivated from twelve to twenty acres, the number not to exceed three hundred and fifty, and one half that quantity to such as shall have cultivated from two to twelve acres, the number also not to exceed three hundred and fifty persons. Each of said class of cases shall be subject to the limitations contained in the first class, and shall be so located as to include that part of the improvement which contains the dwelling house. If a greater number shall be found to be entitled to reservations under the several classes of this article, than is stipulated for under the limitation prescribed, then and in that case the Chiefs separately or together shall determine the persons who shall be excluded in the respective districts.

Fifth; Any Captain the number not exceeding ninety persons, who under the provisions of this article shall receive less than a section, he shall be entitled, to an additional quantity of half a section adjoining to his other reservation. The several reservations secured under this article, may be sold with the consent of the President of the U.S. but should any prefer it or omit to take a reservation for the quantity he may be entitled to, the U.S. will on his removing pay fifty cents an acre, after reaching their new homes, provided that before the first of January next they shall adduce to the Agent, or some other authorized person to be appointed, proof of his claim and the quantity of it.

Sixth; likewise children of the Choctaw Nation residing in the Nation, who have neither father nor mother a list of which, with satisfactory proof of Parentage and orphanage being filed with Agent in six months to be forwarded to the War Department, shall be entitled to a quarter section of Land, to be located under the direction of the President, and with his consent the same may be sold and the proceeds applied to some beneficial purpose for the benefit of said orphans.

Stipulations by United States for the benefit of the Choctaws

Article XX. The U.S. agree and stipulate as follows, that for the benefit and advantage of the Choctaw people, and to improve their condition, their shall be educated under the direction of the President and at the expense of the U.S. forty Choctaw youths for twenty years. This number shall be kept at school, and as they finish their education others, to supply their places shall be received for the period stated. The U.S. agree also to erect a Council House for the nation at some convenient central point, after their people shall be settled; and a House for each Chief, also a Church for each of the three Districts, to be used also as school houses, until the Nation may conclude to build others; and for these purposes ten thousand dollars shall be appropriated; also fifty thousand dollars (viz.) twenty-five hundred dollars annually shall be given for the support of three teachers of schools for twenty years. Likewise there shall be furnished to the Nation, three Blacksmiths one for each district for sixteen years, and a qualified Mill Wright for five years; Also there shall be furnished the following articles, twenty-one hundred blankets, to each warrior who emigrates a rifle, moulds, wipers and ammunition. One thousand axes, ploughs, hoes, wheels and cards each; and four hundred looms. There shall also be furnished, one ton of iron and two hundred weight of steel annually to each District for sixteen years.

Annuity to certain old warriors

Article XXI. A few Choctaw Warriors yet survive who marched and fought in the army with General Wayne, the whole number stated not to exceed twenty. These it is agreed shall hereafter while they live, receive twenty-five dollars a year; a list of them to be early as practicable, and within six months, made out, and presented to the Agent, to be forwarded to the War Department.

Delegate to Congress

Article XXII. The Chiefs of the Choctaws who have suggested that their people are in a state of rapid advancement in education and refinement, and have expressed a solicitude that they might have the privilege of a Delegate on the floor of the House of Representatives extended to them. The Commissioners do not feel that they can under a treaty stipulation accede to the request, but at their desire, present it in the Treaty, that Congress may consider of, and decide the application. Done, and signed, and executed by the commissioners of the United States, and the chiefs, captains, and head men of the Choctaw nation, at Dancing Rabbit creek, this 27th day of September, eighteen and thirty.



Jno. H. Eaton
Jno. Coffee
Greenwood Leflore
Musholatubbee, his x mark
Nittucachee, his x mark
Holarterhoomah, his x mark
Hopiaunchabubbee, his x mark
Zishomingo, his x mark
Captainthalke, his x mark
James Shield, his x mark
Pistiyubbee, his x mark
Yobalarunehabubbee, his x mark
Holubbee, his x mark
Robert Cole, his x mark
Mokelareharhopin, his x mark
Lewis Perry, his x mark
Artonamarstubbe, his x mark
Hopeatubbee, his x mark
Hoshahoomah, his x mark
Chuallahoomah, his x mark
Joseph Kincaide, his x mark
Eyarhocuttubbee, his x mark
Iyacherhopia, his x mark
Offahoomah, his x mark
Archalater, his x mark
Onnahubbee, his x mark
Pisinhocuttubbee, his x mark
Tullarhacher, his x mark
Little leader, his x mark
Maanhutter, his x mark
Cowehoomah, his x mark
Tillamoer, his x mark
Imnullacha, his x mark
Artopilachubbee, his x mark
Shupherunchahubbee, his x mark
Nitterhoomah, his x mark
Oaklaryubbee, his x mark
Pukumna, his x mark
Arpalar, his x mark
Holber, his x mark
Hoparmingo, his x mark
Isparhoomah, his x mark
Tieberhoomah, his x mark
Tishoholarter, his x mark
Mahayarchubbee, his x mark
Artooklubbetushpar, his x mark
Metubbee, his x mark
Arsarkatubbee, his x mark
Issaterhoomah, his x mark
Chohtahmatahah, his x mark
Tunnuppashubbee, his x mark
Okocharyer, his x mark
Hoshhopia, his x mark
Warsharshahopia, his x mark
Maarshunchahubbee, his x mark
Misharyubbee, his x mark
Daniel McCurtain, his x mark
Tushkerharcho, his x mark
Hoktoontubbee, his x mark
Nuknacrahookmarhee, his x mark
Mingo hoomah, his x mark
James Karnes, his x mark
Tishohakubbee, his x mark
Narlanalar, his x mark
Pennasha, his x mark
Inharyarker, his x mark
Mottubbee, his x mark
Narharyubbee, his x mark
Ishmaryubbee, his x mark
James McKing
Lewis Wilson, his x mark
Istonarkerharcho, his x mark
Hohinshamartarher, his x mark
Kinsulachubbee, his x mark
Emarhinstubbee, his x mark
Gysalndalra, bm, his x mark
Thomas Wall
Sam. S. Worcester
Arlartar, his x mark
Nittahubbee, his x mark
Tishonouan, his x mark
Warsharchahoomah, his x mark
Isaac James, his x mark
Hopiaintushker, his x mark
Aryoshkermer, his x mark
Shemotar, his x mark
Hopiaisketina, his x mark
Thomas Leflore, his x mark
Arnokechatubbee, his x mark
Shokoperlukna, his x mark
Posherhoomah, his x mark
Robert Folsom, his x mark
Arharyotubbee, his x mark
Kushonolarter, his x mark
James Vaughan, his x mark
Phiplip, his x mark
Meshameye, his x mark
Ishteheka, his x mark
Heshohomme, his x mark
John McKolbery, his x mark
Benjm. James, his x mark
Tikbachahambe, his x mark
Aholiktube, his x mark
Walking Wolf, his x mark
John Waide, his x mark
Big Axe, his x mark
Bob, his x mark
Tushkochaubbee, his x mark
Ittabe, his x mark
Tishowakayo, his x mark
Folehommo, his x mark
John Garland, his x mark
Koshona, his x mark
Ishleyohamobe, his x mark
Jacob Folsom
William Foster
Ontioerharcho, his x mark
Hugh A. Foster
Pierre Juzan
Jno. Pitchlynn, jr.
David Folsom
Sholohommastube, his x mark
Tesho, his x mark
Lauwechubee, his x mark
Hoshehammo, his x mark
Ofenowo, his x mark
Ahekoche, his x mark
Kaloshoube, his x mark
Atoko, his x mark
Ishtemeleche, his x mark
Emthtohabe, his x mark
Silas D. Fisher, his x mark
Isaac Folsom, his x mark
Hekatube, his x mark
Hakseche, his x mark
Jerry Carney, his x mark
John Washington. his x mark
Panshastubbee, his x mark
P. P. Pitchlynn, his x mark
Joel H. Nail, his x mark
Hopia Stonakey, his x mark
Kocohomma, his x mark
William Wade, his x mark
Panshstickubbee, his x mark
Holittankchahubbee, his x mark
Oklanowa, his x mark
Neto, his x mark
James Fletcher, his x mark
Silas D. Pitchlynn
William Trahorn, his x mark
Toshkahemmitto, his x mark
Tethetayo, his x mark
Emokloshahopie, his x mark
Tishoimita, his x mark
Thomas W. Foster, his x mark
Zadoc Brashears, his x mark
Levi Perkins, his x mark
Isaac Perry, his x mark
Ishlonocka Hoomah, his x mark
Hiram King, his x mark
Ogla Enlah, his x mark
Nultlahtubbee, his x mark
Tuska Hollattuh, his x mark
Kothoantchahubbee, his x mark
Eyarpulubbee, his x mark
Okentahubbe, his x mark
Living War Club, his x mark
John Jones, his x mark
Charles Jones, his x mark
Isaac Jones, his x mark
Hocklucha, his x mark
Muscogee, his x mark
Eden Nelson, his x mark


In presence of:
E. Breathitt secretary to the Commission
William Ward, agent for Choctaws
John Pitchlyn, United States interpreter
M. Mackey, United States interpreter
Geo. S. Gaines, of Alabama
R. P. Currin
Luke Howard
Sam. S. Worcester
Jno. N. Byrn
John Bell
Jno. Bond
Source: Indian Treaties, Acts and Agreements
SUPPLAMENTARY TO THE ARTICLES OF THE 1830 TREATY OF DANCING RABBIT CREEK
Article I. Various Choctaw persons have been presented by the Chiefs of the nation, with a desire that they might be provided for. Being particularly deserving, an earnestness has been manifested that provision might be made for them. It is therefore by the undersigned commissioners here assented to, with the understanding that they are to have no interest in the reservations which are directed and provided for under the general Treaty to which this is a supplement.
As evidence of the liberal and kind feelings of the President and Government of the United States the Commissioners agree to the request as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G. W. Harkins, Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James, Joel H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore and Allen Yates and wife shall be entitled to a reservation of two sections of land each to include their improvement where they at present reside, with the exception of the three first named persons and Benjamin Laflore, who are authorized to locate one of their sections on any other unimproved and unoccupied land, within their respective districts.
Supplementary Articles to the Treaty of Dancing Rabbit Creek
Reservations

Article II. And to each of the following persons there is allowed a reservation of a section and a half of land, (to wit) James L. McDonald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans, Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas Garland, John Bond, William Laflore, and Turner Brashears, the two first named persons, may locate one section each, and one section jointly on any unimproved and unoccupied land, these not residing in the Nation; The others are to include their present residence and improvement.

Also one section is allowed to the following persons (to wit) Middleton Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall, Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and Polly Fillecuthey, to be located in entire sections to include their present residence and improvement, with the exception of Molly Nail and Susan Colbert, who are authorized to locate theirs, on any unimproved unoccupied land.

John Pitchlynn has long and faithfully served the nation in character of U. States Interpreter, he has acted as such for forty years, in consideration it is agreed, in addition to what has been done for him there shall be granted to two of his children, (to wit) Silas Pitchlynn, and Thomas Pitchlynn one section of land each, to adjoin the location of their father; likewise to James Madison and Peter sons of Mushulatubbee one section of land each to include the old house and improvement where their father formerly lived on the old military road adjoining a large Prairie.

And to Henry Groves son of the Chief Natticache there is one section of land given to adjoin his father's land.
And to each of the following persons half a section of land is granted on any unoccupied and unimproved lands in the Districts where they respectively live (to wit) Willis Harkins, James D. Hamilton, William Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel Worcester, George Hunter, William Train, Robert Nail and Alexander McKee.

And there is given a quarter section of land each to Delila and her five fatherless children, she being a Choctaw woman residing out of the nation; also the same quantity to Peggy Trihan, another Indian woman residing out of the nation and her two fatherless children; and to the widows of Pushmilaha, and Pucktshenubbee, who were formerly distinguished Chiefs of the nation and for their children four quarter sections of land, each in trust for themselves and their children.

All of said last mentioned reservations are to be located under and by direction of the President of the U. States.
Supplementary Articles to the Treaty of Dancing Rabbit Creek.
Exploring Party

Article III. The Choctaw people now that they have ceded their lands are solicitous to get to their new homes early as possible and accordingly they wish that a party may be permitted to proceed this fall to ascertain whereabouts will be most advantageous for their people to be located.

It is therefore agreed that three or four persons (from each of the three districts) under the guidance of some discreet and well qualified person or persons may proceed during this fall to the West upon an examination of the country.

For their time and expenses the U. States agree to allow the said twelve persons two dollars a day each, not to exceed one hundred days, which is deemed to be ample time to make an examination.
If necessary, pilots acquainted with the country will be furnished when they arrive in the West.
Reservations, Debts to Glover and Gaines, Reservations

Article IV. John Donly of Alabama who has several Choctaw grand children and who for twenty years has carried the mail through the Choctaw Nation, a desire by the Chiefs is expressed that he may have a section of land, it is accordingly granted, to be located in one entire section, on any unimproved and unoccupied land.
Allen Glover and George S. Gaines licensed Traders in the Choctaw Nation, have accounts amounting to upwards of nine thousand dollars against the Indians who are unable to pay their said debts without distressing their families; a desire is expressed by the chiefs that two sections of land be set apart to be sold and the proceeds thereof to be applied toward the payment of the aforesaid debts. It is agreed that two sections of any unimproved and unoccupied land be granted to George S. Gaines who will sell the same for the best price he can obtain and apply the proceeds thereof to the credit of the Indians on their accounts due to the before mentioned Glover and Gaines; and shall make the application to the poorest Indian first.

At the earnest and particular request of the Chief Greenwood Laflore there is granted to David Haley one half section of land to be located in a half section on any unoccupied and unimproved land as a compensation, for a journey to Washington City with dispatches to the Government and returning others to the Choctaw Nation.
The foregoing is entered into, as supplemental to the treaty concluded yesterday.

Done at Dancing Rabbit creek the 28th day of September, 1830.

Jno. H. Eaton
Jno. Coffee
Greenwood Leflore
Nittucachee, his x mark
Mushulatubbee, his x mark
Offahoomah, his x mark
Eyarhoeuttubbee, his x mark
Iyaeherhopia, his x mark
Holubbee, his x mark
Onarhubbee, his x mark
Robert Cole, his x mark
Hopiaunchahubbee, his x mark
David Folsom
John Garland, his x mark
Hopiahoomah, his x mark
Captain Thalko, his x mark
Pierre Juzan
Immarstarher, his x mark
Hoshimhamartar, his x mark

In presence of:
E. Breathitt, Secretary to Commissioners
W. Ward, Agent for Choctaws
M. Mackey, United States Interpreter
John Pitchlynn, United States Interpreter
R. P. Currin
Jno. W. Byrn
Geo. S. Gaines
Source: Indian Treaties, Acts and Agreements
AN ACT TO PROVIDE FOR THE ALLOTMENTS FOR LANDS
APPROVED FEB 8, 1887
Section I. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed if necessary, and to allot the lands in said reservation in severalty to any Indian located thereon in quantities as follows:

To each head of a family, one-quarter of a section;

To each single person over eighteen years of age, one-eighth of a section;

To each orphan child under eighteen years of age, one-eighth of a section;

To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section:

Provided, That in case there is not sufficient land in any of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted to each individual of each of said classes pro rata in accordance with the provisions of this act: And provided further, That where the treaty or act of Congress setting apart such reservation provides the allotment of lands in severalty in quantities in excess of those herein provided, the President, in making allotments upon such reservation, shall allot the lands to each individual Indian belonging thereon in quantity as specified in such treaty or act: And provided further, That when the lands allotted are only valuable for grazing purposes, an additional allotment of such grazing lands, in quantities as above provided, shall be made to each individual.

Section 2. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection. where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall otherwise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under his act: Provided, That if any one entitled to an allotment shall fail to make a selection with in four years after the President shall direct that allotments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner.

Section 3. That the allotments provided for in this act shall be made by special agents appointed by the President for such purpose, and the agents in charge of the respective reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office.

Section 4. That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress, or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land-office for the district in which the lands arc located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local land-office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior.

Section 5. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue there for in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or encumbrance whatsoever: Provided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the State or Territory where such lands are situate shall apply thereto after patents there for have been executed and delivered, except as herein otherwise provided; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act: And provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release prescribed by Congress: Provided however, That all lands adapted to agriculture, with or without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sale purpose of securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide settlers only tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education: And provided further, That no patents shall issue there for except to the person so taking the same as and homestead, or his heirs, and after the expiration of five years occupancy there of as such homestead; and any conveyance of said lands taken as a homestead, or any contract touching the same, or lieu thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes Indians; to whom such reservations belonged; and the same, with interest thereon at three per cent per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And hereafter in the employment of Indian police, or any other employees in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.

Section 6. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every number of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner affecting the right of any such Indian to tribal or other property.

Section 7. That in cases where the use of water for irrigation is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservation; and no other appropriation or grant of water by any riparian proprietor shall permitted to the damage of any other riparian proprietor.

Section 8. That the provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miami and Peoria, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order.

Section 9. That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of one hundred thousand dollars, to be repaid proportionately out of the proceeds of the sales of such land as may be acquired from the Indians under the provisions of this act.

Section 10. That nothing in this act contained shall be so construed to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or condemn such lands to public uses, upon making just compensation.

Section 11. That nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in Southwestern Colorado to a new reservation by and with consent of a majority of the adult male members of said tribe.

Approved, February, 8, 1887.
Source: Indian Treaties, Acts and Agreements
AGREEMENT WITH THE CHEROKEE AND OTHER TRIBES IN THE INDIAN TERRITORY
[FIVE CIVILIZED TRIBES] SEPT 13, 1865:
Articles of agreement entered into this thirteenth day of September, 1865, between the commissioners designated by the President of the United States and the persons here present representing or connected with the following named nations and tribes of Indians located within the Indian country, viz: Cherokees, Creeks, Choctaws, Chickasaws, Osages, Seminoles, Senecas, Senecas and Shawnees, and Quapaws.

Whereas the aforesaid nations and tribes, or bands of Indians, or portions thereof, were induced by the machinations of the emissaries of the so-called Confederate States to throw off their allegiance to the government of the United States, and to enter into treaty stipulations with said so-called Confederate States, whereby they have made themselves liable to a forfeiture of all rights of every kind, character, and description which had been promised and guaranteed to them by the United States; and whereas the government of the United States has maintained its supremacy and authority within its limits; and whereas it is the desire of the government to act with magnanimity with all parties deserving its clemency, and to re-establish order and legitimate authority among the Indian tribes; and whereas the undersigned representatives or parties connected with said nations or tribes of Indians have become satisfied that it is for the general good of the people to reunite with and be restored to the relations which formerly existed between them and the United States, and as indicative of our personal feelings in the premises, and of our several nations and tribes, so far as we are authorized and empowered to speak for them; and whereas questions have arisen as to the status of the nations, tribes, and bands that have made treaties with the enemies of the United States, which are now being discussed, and our relations settled by treaty with the United States commissioners now at Fort Smith for that purpose:

The undersigned do hereby acknowledge themselves to be under the protection of the United States of America, and covenant and agree, that hereafter they will in all things recognize the government of the United States as exercising exclusive jurisdiction over them, and will not enter into any allegiance or conventional arrangement with any state, nation, power or sovereign whatsoever; that any treaty of alliance for cession of land, or any act heretofore done by them, or any of their people, by which they renounce their allegiance to the United States, is hereby revoked, cancelled, and repudiated.

In consideration of the foregoing stipulations, made by the members of the respective nations and tribes of Indians present, the United States, through its commissioners, promises that it will re-establish peace and friendship with all the nations and tribes of Indians within the limits of the so-called Indian country; that it will afford ample protection for the security of the persons and property of the respective nations or tribes, and declares its willingness to enter into treaties to arrange and settle all questions relating to and growing out of former treaties with said nations, as affected by any treaty made by said nations with the so-called Confederate States, at this council now convened for that purpose, or at such time in the future as may be appointed.*

In testimony whereof, the said commissioners on the part of the United States, and the said Indians of the several nations and tribes, as respectively hereafter enumerated, have hereunto subscribed their names, and affixed their seals, on the day and year first above written.

(Note.—This treaty is presumed to have been signed, as indicated by the report of the proceedings at Fort Smith, by the commissioners of the United States and the delegations of Indians represented in the Council. Their names follow:)

Commissioners
Hon. D. N. Cooley, president,
Hon. Elijah Sells,
Thomas Wistar,
Brig. Gen. W. S. Harney, U. S. Army,
Col. Ely S. Parker,

Secretaries
Charles E. Mix,
George L. Cook,
W. R. Irwin,
John B. Garrett,

Creeks:
Ock-tar-sars-ha-jo, head chief.
Mik-ko-hut-kee, little white chief.
Cow-we-ta-milk-ko.
Cah-cho-she.
Thlo-cos-ya-lo.
Loch-er-ha-jo.
Co-me-ha-jo.
Tul-wah-mik-ko-che.
Tul-wah-mik-ko.
David Grayson.
David Field.
Tuka-basha-ha-jo.
Captain Johnneh.
Cap-tah-ka-na.
Passa.
Sa-to-wee.
Co-lo-ma-ha-jo.
Tul-me-mek-ko.
Me-lo-tah-mo-ne, “Twelve o'clock.”
Ko-she-ce-gla.
Ge-ne-o-ne-gla, (brave,) “Catch Alive.”
Mah-ha-ah-ba-so, (brave,) “Sky-reaching man.”
Shar-ba-no-sha, (brave,) “Done brown.”

Interpreters:
Alexander Bayette.
Augustus Captain.

Cowskin Senecas:
Isaac Warrior, chief.

Senecas and Shawnees:
Lewis Davis, chief.
A. McDonald.
Goodhunt.
Jas. Tallchief.
Lewis Denny.

Interpreter, Lewis Davis.

Cherokees:
Kah-sah-nie, Smith Christie.
Ah-yes-takie, Thomas Pegg.
Oo-nee-na-kah-ah-nah-ee, White Catcher.
Cha-loo-kie, Fox Flute.
Da-wee-oo-sal-chut-tee, David Rowe.
Ah-tah-lah-ka-no-skee-skee, Nathan Fish.
Koo-nah-vah, W. B. Downing.
Ta-la-la.
Oo-too-lah, ta-neh, Charles Conrad.
Oo-la-what-tee, Samuel Smith.
Tah-skee-kee-tee-hee, Jesse Baldridge.
Suu-kee, Mink Downing.
Chee-chee.
Tee-coo-le-to-ske, H. D. Reese.
Colonel Lewis Downing, acting and assistant principal chief.

Seminoles:
John Shup-co.
Pascofa.
Fo-hut-she.
Fos-har-go.
Chut-cote-har-go.

Interpreters: Robert Johnson, Cesar Bruner.



*This document is claimed by the Indian Office not to be a treaty, but simply an agreement which formed the bases for the treaty with the Seminole of May 21, 1866, (ante p. 910) and of the treaty with the Creeks of June 14, 1866, (ante p. 931). It is not on file in the Indian Office and is found only in the Report of the Commissioner of Indian Affairs for 1865.
In the Seminole and Creek treaties mention is made of the treaty of peace and amity at Fort Smith September 10, 1865. This date is evidently erroneous, as no treaty was made at Fort Smith on that date. The agreement of September 13, 1865, must have been the one referred to. As to the signatories of the agreement the Commissioner of Indian Affairs, in his annual report for 1865, page 35, says:
“All of the delegates representing the following tribes and sections of tribes, in the order given, had signed treaties, (some of them holding out for several days until they could agree among themselves:) Senecas, Senecas and Shawnees, Quapaws, loyal Seminoles, loyal Chickasaws, loyal Creeks, Kansas, Shawnees (uncalled for, but asking to be permitted again to testify their allegiance,) loyal Osages, tribes of the Wichita agency, loyal Cherokees, disloyal Seminoles, disloyal Creeks, disloyal Cherokees, disloyal Osages, Comanches, disloyal Choctaws, and Chickasaws. “Friendly relations were established between the members of the various tribes hitherto at variance, except in the case of the Cherokees. The ancient feuds among this people are remembered still.”
For the full proceedings at Fort Smith see Annual Report of the Commissioner of Indian Affairs for 1865, pp. 312-353.



Jacob Conal.
David Berryhill.
Sanford Berryman.
Co-nip Fix-i-co, and others.
Wm. F. Brown, clerk.
Harry Island, interpreter for Creeks.
John Marshal, interpreter for Euchees.

Delegates for the black population living among the Creeks and Euchees:
Ketch Barnett.
John McIntosh.
Scipio Barnett.
Jack Brown.
Cow Tom.

Osages:
White Hair, principal chief.
Po-ne-no-pah-she, second chief Big Hill band.
Wah-dah-ne-gah, counsellor.

Shawnees:
Charles Blue Jacket, first chief.
Graham Rogers, second chief.
Moses Silverheels.
Solomon Madden.
Eli Blackhoof.

Interpreter, Matthew King.

Wyandotts:
Silas Armstrong, first chief.
Matthew Mud-eater, second chief.

Quapaws:
George Wa-te-sha.
Ca-ha-she-ka.
Wa-she-hon-ca.
S. G. Valier, interpreter.

Chickasaws:
Et Tor Lutkee,
Louis Johnson,
Esh Ma Tubba,
A. G. Griffith,
Maharda Colbert, headmen.
Frazier McCrean.
Benjamin Colbert.
Ed Colbert.
_______ Jackson.
Jim Doctor.
Simpson Killcrease.
A. B. Johnson.
_______ Corman.
George Jhonson.
_______ Wolburn.

Choctaws:
William S. Patton.
Robert B. Patton.
A. J. Stanton.
Jeremiah Ward.

Indian agents:
Major G. C. Snow, for Osages.
George A. Reynolds, for Seminoles.
Isaac Coleman, for Choctaws and Chickassaws.
Justin Harlan, for Cherokees.
J. W. Dunn, for Creeks.
Milo Gookins, for Wichitas.
J. B. Abbott, for Shawnees.
Source: Indian Treaties, Acts and Agreements
TREATY WITH THE COMANCHE AND KIOWA
AND TRIBES AFFECTED BY LAND AGREEMENT
OCT 18, 1865
Articles of a treaty made and concluded at the council-ground on the Little Arkansas River eight miles from the mouth of said river, in the State of Kansas, on the eighteenth day of October, in the year of our Lord one thousand eight hundred and sixty-five, by and between John B. Sanborn, William S. Harney, Thomas Murphy, Kit Carson, William W. Bent, Jesse H. Leavenworth, and James Steele, Commissioners on the part of the United States, and the undersigned chiefs and head-men of the several bands of Comanche Indians specified in connection with their signatures, and the chiefs and head-men of the Kiowa tribe of Indians, the said chiefs and head-men by the said bands and tribes being thereunto duly authorized.

Article 1. It is agreed by the parties to this treaty that hereafter perpetual peace shall be maintained between the people and Government of the United States and the Indians parties hereto, and that the Indians parties hereto shall forever remain at peace with each other and with all other Indians who sustain friendly relations with the Government of the United States.

For the purpose of enforcing the provisions of this article, it is agreed that in case hostile acts or depredations are committed by the people of the United States, or by the Indians on friendly terms with the United States, against the tribe or tribes or the individual members of the tribe or tribes who are parties to this treaty, such hostile acts or depredations shall not be redressed by a resort to arms, but the party or parties aggrieved shall submit their complaints, through their agent, to the President of the United States, and thereupon an impartial arbitration shall be had under his direction, and the award thus made shall be binding on all parties interested, and the Government of the United States will in good faith enforce the same.

And the Indians parties hereto, on their part, agree, in case crimes or other violations of law shall be committed by any person or persons members of their tribe, such person or persons shall, upon complaint being made in writing to their agent, superintendent of Indian affairs, or to other proper authority, by the party injured, and verified by affidavit, be delivered to the person duly authorized to take such person or persons into custody, to the end that such person or persons may be punished according to the laws of the United States.

Article 2. The United States hereby agree that the district of country embraced within the following limits, or such portion of the same as may hereafter from time to time be designated by the President of the United States for that purpose, viz: commencing at the northeast corner of New Mexico, thence south to the southeast corner of the same: thence northeastwardly to a point on main Red River opposite the mouth of the North Fork of said river: thence down said river to the 98th degree of west longitude: thence due north on said meridian to the Cimarone river: thence up said river to a point where the same crosses the southern boundary of the State of Kansas: thence along said southern boundary of Kansas to the southwest corner of said State: thence west to the place of beginning, shall be and is hereby set apart for the absolute and undisturbed use and occupation of the tribes who are parties to this treaty, and of such other friendly tribes as have heretofore resided within said limits, or as they may from time to time agree to admit among them, and that no white person except officers, agents, and employés of the Government shall go upon or settle within the country embraced within said limits, unless formally admitted and incorporated into some one of the tribes lawfully residing there, according to its laws and usages. The Indians parties hereto on their part expressly agree to remove to and accept as their permanent home the country embraced within said limits, whenever directed so to do by the President of the United States, in accordance with the provisions of this treaty, and that they will not go from said country for hunting purposes without the consent in writing of their agent or other authorized person, specifying the purpose for which such leave is granted, and such written consent in all cases shall be borne with them upon their excursions, as evidence that they are rightfully away from their reservation, and shall be respected by all officers, employés, and citizens of the United States, as their sufficient safeguard and protection against injury or damage in person or property, by any and all persons whomsoever. It is further agreed by the Indians parties hereto, that when absent from their reservation, they will refrain from the commission of any depredations or injuries to the person or property of all persons sustaining friendly relations with the Government of the United States; that they will not while so absent encamp, by day or night, within ten miles of any of the main travelled routes or roads through the country to which they go, or of the military posts, towns, or villages therein, without the consent of the commanders of such military posts, or of the civil authorities of such towns or villages, and that henceforth they will and do hereby, relinquish all claims or rights in and to any portion of the United States or territories, except such as is embraced within the limits aforesaid, and more especially their claims and rights in and to the country north of the Cimarone River and west of the eastern boundary of New Mexico.

Article 3. It is further agreed that until the Indians parties hereto have removed to the reservation provided for by the preceding article, in pursuance of the stipulations thereof, said Indians shall be and they are hereby, expressly permitted to reside upon and range at pleasure throughout the unsettled portions of that part of the country they claim as originally theirs, which lies south of the Arkansas River, as well as the country embraced within the limits of the reservation provided for by the preceding article, and that they shall and will not go elsewhere, except upon the terms and conditions prescribed by the preceding article in relation to leaving said reservation: Provided, That the provisions of the preceding article in regard to encamping within ten miles of main travelled routes, military posts, towns, and villages, shall be in full force as to the privileges granted by this article: And provided further, That they, the said Indians, shall and will at all times, and without delay, report to the commander of the nearest military post the presence in or approach to said country of any hostile band or bands of Indians whatever.

Article 4. It is further agreed by the parties hereto that the United States may lay off and build through the reservation, provided for by Article 2 of this treaty, roads or highways as may be deemed necessary, and may also establish such military posts within the same as may be found necessary, in order to preserve peace among the Indians, and in order to enforce such laws, rules, and regulations as are now or may from time to time be prescribed by the President and Congress of the United States for the protection of the rights of persons and property among the Indians residing upon said reservation, and further, that in time of war such other military posts as may be considered essential to the general interests of the United States may be established: Provided, however, That upon the building of such roads, or establishment of such military posts, the amount of injury sustained by reason thereof by the Indians inhabiting said reservation shall be ascertained under direction of the President of the United States, and thereupon such compensation shall be made to said Indians as, in the judgment of the Congress of the United States, may be deemed just and proper.

Article 5. The United States agree that they will expend annually, during the period of forty years, from and after the ratification of this treaty, for the benefit of the Indians who are parties hereto, and of such others as may unite with them in pursuance of the terms hereof, in such manner and for such purposes as, in the judgment of the Secretary of the Interior for the time being, will best subserve their wants and interests as a people, the following amounts, that is to say, until such time as said Indians shall be removed to their reservations, as provided for by article two of this treaty, an amount which shall be equal to ten dollars per capita for each person entitled to participate in the beneficial provisions of this treaty; and from and after the time when such removal shall have been accomplished, an amount which shall be equal to fifteen dollars per capita for each person entitled as aforesaid. Such proportion of the expenditure provided for the by this article as may be considered expedient to distribute in the form of annuities shall be delivered to said Indians as follows, viz: One-third thereof during the spring, and two-thirds thereof during the autumn of each year.

For the purpose of determining from time to time the aggregate amount to be expended under the provisions of this article, it is agreed that the number entitled to its beneficial provisions the coming year is four thousand, and that an accurate census of the Indians entitled shall be taken at the time of the annuity payment in the spring of each year by their agent or other person designated by the Secretary of the Interior, which census shall be the basis on which the amount to be expended the next ensuing year shall be determined.

Article 6. The Indians parties to this treaty expressly covenant and agree that they will use their utmost endeavors to induce that portion of the respective tribes not now present to unite with them and accede to the provisions of this treaty, which union and accession shall be evidenced and made binding on all parties whenever such absentees shall have participated in the beneficial provisions of this treaty.

In testimony whereof, the said Commissioners on the part of the United States, and the chiefs and headmen of the said bands of Camanche Indians and of the Kiowa tribe of Indians, hereinbefore referred to, and designated in connection with their signatures, have hereunto subscribed their names and affixed their seals on the day and year first above written.

John B. Sanborn, Commissioner on the part of the United States [SEAL.]
Wm. S. Harney, Commissioner on the part of the United States [SEAL.]
Kit Carson, Commissioner on the part of the United States [SEAL.]
Wm. W. Bent, Commissioner on the part of the United States [SEAL.]
James Steele, Commissioner on the part of the United States [SEAL.]
Thos. Murphy, Commissioner on the part of the United States [SEAL.]
J. H. Leavenworth, Commissioner on the part of the United States [SEAL.]

Signed and sealed in presence of:
W. R. Irwin, secretary.
Wm. T. Kittridge.
D. C. McNeil.
Jas. S. Boyd.

Tab-e-nan-i-kah, or Rising Sun, chief of Yampirica, or Root Eater band of Camanches, for Paddy-wah-say-mer and Ho-to-yo-koh-wat's bands, his x mark
Esh-e-tave-pa-rah, or Female Infant, headman of Yampirica band of Camanches, his x mark
A-sha-hab-beet, or Milky Way, chief Penne-taha, or Sugar Eater band of Camanches, and for Co-che-te-ka, or Buffalo Eater band, his x mark.
Queen-ah-e-vah, or Eagle Drinking, head chief of No-co-nee or Go-about band of Camanches, his x mark
Ta-ha-yer-quoip, or Horse's Back, second chief of No-co-nee or Go-about band of Camanches, his x mark
Pocha-naw-quoip, or Buffalo Hump, thrid chief of Pennetaka, or Sugar Eater band of Camanches, his x mark
Ho-to-yo-koh-wot, or Over the Buttes, chief of Yampirica band, his x mark
Parry-wah-say-mer, or Ten Bears, chief of Yampirica band, his x mark
Bo-yah-wah-to-yeh-be, or Iron Mountain, chief of Yampirica band of Camanches, his x mark
Bo-wah-quas-suh, or Iron Shirt, chief of De-na-vi band, or Liver Eater band of Camanches, his x mark
To-sa-wi, or Silver Brooch, head chief of Pennetaka band of Camanches, his x mark
Queil-park, or Lone Wolf, his x mark
Wah-toh-konk, or Black Eagle, his x mark
Zip-ki-yah, or Big Bow, his x mark
Sa-tan-ta, or White Bear, his x mark
Ton-a-en-ko, or Kicking Eagle, his x mark
Settem-ka-yah, or Bear Runs over a Man, his x mark
Kaw-pe-ah, or Plumed Lance, his x mark
To-hau-son, or Little Mountain, his x mark
Sa-tank, or Sitting Bear, his x mark
Pawnee, or Poor Man, his x mark
Ta-ki-bull, or Stinking Saddle Cloth, chief of the Kiowa tribe, his x mark
Source: Indian Treaties, Acts and Agreements
TREATY WITH THE CHOCTAW AND CHICKASAW APR, 28, 1866
Articles of agreement and convention between the United States and the Choctaw and Chickasaw Nations of Indians, made and concluded at the City of Washington the twenty-eighth day of April, in the year eighteen hundred and sixty-six, by Dennis N. Cooley, Elijah Sells, and E. S. Parker, special commissioners on the part of the United States, and Alfred Wade, Allen Wright, James Riley, and John Page, commissioners on the part of the Choctaws, and Winchester Colbert, Edmund Pickens, Holmes Colbert, Colbert Carter, and Robert H. Love, commissioners on the part of the Chickasaws.

Article 1. Permanent peace and friendship are hereby established between the United States and said nations; and the Choctaws and Chickasaws do hereby bind themselves respectively to use their influence and to make every exertion to induce Indians of the plains to maintain peaceful relations with each other, with other Indians, and with the United States.

Article 2. The Choctaws and Chickasaws hereby covenant and agree that henceforth neither slavery nor involuntary servitude, otherwise than in punishment of crime whereof the parties shall have been duly convicted, in accordance with laws applicable to all members of the particular nation, shall ever exist in said nations.

Article 3. The Choctaws and Chickasaws, in consideration of the sum of three hundred thousand dollars, hereby cede to the United States the territory west of the 98° west longitude, known as the leased district, provided that the said sum shall be invested and held by the United States, at an interest not less than five per cent., in trust for the said nations, until the legislatures of the Choctaw and Chickasaw Nations respectively shall have made such laws, rules, and regulations as may be necessary to give all persons of African descent, resident in the said nation at the date of the treaty of Fort Smith, and their descendants, heretofore held in slavery among said nations, all the rights, privileges, and immunities, including the right of suffrage, of citizens of said nations, except in the annuities, moneys, and public domain claimed by, or belonging to, said nations respectively; and also to give to such persons who were residents as aforesaid, and their descendants, forty acres each of the land of said nations on the same terms as the Choctaws and Chickasaws, to be selected on the survey of said land, after the Choctaws and Chickasaws and Kansas Indians have made their selections as herein provided; and immediately on the enactment of such laws, rules, and regulations, the said sum of three hundred thousand dollars shall be paid to the said Choctaw and Chickasaw Nations in the proportion of three-fourths to the former and one-fourth to the latter, less such sum, at the rate of one hundred dollars per capita, as shall be sufficient to pay such persons of African descent before referred to as within ninety days after the passage of such laws, rules, and regulations shall elect to remove and actually remove from the said nations respectively. And should the said laws, rules, and regulations not be made by the legislatures of the said nations respectively, within two years from the ratification of this treaty, then the said sum of three hundred thousand dollars shall cease to be held in trust for the said Choctaw and Chickasaw Nations, and be held for the use and benefit of such of said persons of African descent as the United States shall remove from the said Territory in such manner as the United States shall deem proper, the United States agreeing, within ninety days from the expiration of the said two years, to remove from said nations all such persons of African descent as may be willing to remove; those remaining or returning after having been removed from said nations to have no benefit of said sum of three hundred thousand dollars, or any part thereof, but shall be upon the same footing as other citizens of the United States in the said nations.

Article 4. The said nations further agree that all Negroes, not otherwise disqualified or disabled, shall be competent witnesses in all civil and criminal suits and proceedings in the Choctaw and Chickasaw courts, any law to the contrary notwithstanding; and they fully recognize the right of the freedmen to a fair remuneration on reasonable and equitable contracts for their labor, which the law should aid them to enforce. And they agree, on the part of their respective nations, that all laws shall be equal in their operation upon Choctaws, Chickasaws, and Negroes, and that no distinction affecting the latter shall at any time be made, and that they shall be treated with kindness and be protected against injury; and they further agree, that while the said freedmen, now in the Choctaw and Chickasaw Nations, remain in said nations, respectively, they shall be entitled to as much land as they may cultivate for the support of themselves and families, in cases where they do not support themselves and families by hiring, not interfering with existing improvements without the consent of the occupant, it being understood that in the event of the making of the laws, rules, and regulations aforesaid, the forty acres aforesaid shall stand in place of the land cultivated as last aforesaid.

Article 5. A general amnesty of all past offences against the laws of the United States, committed before the signing of this treaty by any member of the Choctaw or Chickasaw Nations, is hereby declared; and the United States will especially request the States of Missouri, Kansas, Arkansas, and Texas to grant the like amnesty as to all offences committed by any member of the Choctaw or Chickasaw Nation. And the Choctaws and Chickasaws, anxious for the restoration of kind and friendly feelings among themselves, do hereby declare an amnesty for all past offences against their respective governments, and no Indian or Indians shall be proscribed, or any act of forfeiture or confiscation passed against those who may have remained friendly to the United States, but they shall enjoy equal privileges with other members of said tribes, and all laws heretofore passed inconsistent herewith are hereby declared inoperative. The people of the Choctaw and Chickasaw Nations stipulate and agree to deliver up to any duly authorized agent of the United States all public property in their possession which belong to the late "so-called Confederate States of America," or the United States, without any reservation whatever; particularly ordnance, ordnance-stores, and arms of all kinds.

Article 6. The Choctaws and Chickasaws hereby grant a right of way through their lands to any company or companies which shall be duly authorized by Congress, or by the legislatures of said nations, respectively, and which shall, with the express consent and approbation of the Secretary of the Interior, undertake to construct a railroad through the Choctaw and Chickasaw Nations from the north to the south thereof, and from the east to the west side thereof, in accordance with the provisions of the 18th article of the treaty of June twenty-second, one thousand eight hundred and fifty-five, which provides that for any property taken or destroyed in the construction thereof full compensation shall be made to the party or parties injured, to be ascertained and determined in such manner as the President of the United States shall direct. But such railroad company or companies, with all its or their agents and employees shall be subject to the laws of the United States relating to intercourse with Indian tribes, and also to such rules and regulations as may be prescribed by the Secretary of the Interior for that purpose. And it is also stipulated and agreed that the nation through which the road or roads aforesaid shall pass may subscribe to the stock of the particular company or companies such amount or amounts as they may be able to pay for in alternate sections of unoccupied lands for a space of six miles on each side of said road or roads, at a price per acre to be agreed upon between said Choctaw and Chickasaw Nations and the said company or companies, subject to the approval of the President of the United States:

Provided, however, That said land, thus subscribed, shall not be sold, or demised, or occupied by any one not a citizen of the Choctaw or Chickasaw Nations, according to their laws and recognized usages:

1. Provided, That the officers, servants, and employees of such companies necessary to the construction and management of said road or roads shall not be excluded from such occupancy as their respective functions may require, they being subject to the provisions of the Indian intercourse law and such rules and regulations as may be established by the Secretary of the Interior:

And provided also, That the stock thus subscribed by either of said nations shall have the force and effect of a first-mortgage bond on all that part of said road, appurtenances, and equipments situated and used within said nations respectively, and shall be a perpetual lien on the same, and the said nations shall have the right, from year to year, to elect to receive their equitable proportion of declared dividends of profits on their said stock, or interest on the par value at the rate of six per cent. per annum.

2. And it is further declared, in this connection, that as fast as sections of twenty miles in length are completed, with the rails laid ready for use, with all water and other stations necessary to the use thereof, as a first-class road, the said company or companies shall become entitled to patents for the alternate sections aforesaid, and may proceed to dispose thereof in the manner herein provided for, subject to the approval of the Secretary of the Interior.

3. And it is further declared, also, in case of one or more of said alternate sections being occupied by any member or members of said nations respectively, so that the same cannot be transferred to the said company or companies, that the said nation or nations, respectively, may select any unoccupied section or sections, as near as circumstances will permit, to the said width of six miles on each side of said road or roads, and convey the same as an equivalent for the section or sections so occupied as aforesaid.

Article 7. The Choctaws and Chickasaws agree to such legislation as Congress and the President of the United States may deem necessary for the better administration of justice and the protection of the rights of person and property within the Indian Territory: Provided, however, Such legislation shall not in anywise interfere with or annul their present tribal organization, or their respective legislatures or judiciaries, or the rights, laws, privileges, or customs of the Choctaw and Chickasaw Nations respectively.

Article 8. The Choctaws and Chickasaws also agree that a council, consisting of delegates elected by each nation or tribe lawfully resident within the Indian Territory, may be annually convened in said Territory, to be organized as follows:

1. After the ratification of this treaty, and as soon as may be deemed practicable by the Secretary of the Interior, and prior to the first session of said assembly, a census of each tribe, lawfully resident in said Territory, shall be taken, under the direction of the Superintendent of Indian Affairs, by competent persons, to be appointed by him, whose compensation shall be fixed by the Secretary of the Interior and paid by the United States.

2. The council shall consist of one member from each tribe or nation whose population shall exceed five hundred, and an additional member for each one thousand Indians, native or adopted, or each fraction of a thousand greater than five hundred being members of any tribe lawfully resident in said Territory, and shall be selected by the tribes or nations respectively who may assent to the establishment of said general assembly; and if none should be thus formally selected by any nation or tribe, it shall be represented in said general assembly by the chief or chiefs and head-men of said tribes, to be taken in the order of their rank as recognized in tribal usage in the number and proportions above indicated.

3. After the said census shall have been taken and completed, the superintendent of Indian affairs shall publish and declare to each tribe the number of members of said council to which they shall be entitled under the provisions of this article; and the persons so to represent the said tribes shall meet at such time and place as he shall designate, but thereafter the time and place of the sessions of the general assembly shall be determined by itself: Provided, That no session in any one year shall exceed the term of thirty days, and provided that the special sessions may be called whenever, in the judgment of the Secretary of the Interior, the interests of said tribes shall require it.

4. The general assembly shall have power to legislate upon all subjects and matters pertaining to the intercourse and relations of the Indian tribes and nations resident in the said Territory, the arrest and extradition of criminals escaping from one tribe to another, the administration of justice between members of the several tribes of the said Territory, and persons other than Indians and members of said tribes or nations, the construction of works of internal improvement, and the common defense and safety of the nations of the said Territory. All laws enacted by said council shall take effect at the times therein provided, unless suspended by the Secretary of the Interior or the President of the United States. No law shall be enacted inconsistent with the Constitution of the United States or the laws of Congress, or existing treaty stipulations with the United States; nor shall said council legislate upon matters pertaining to the legislative, judicial, or other organization, laws, or customs of the several tribes or nations, except as herein provided for.

5. Said council shall be presided over by the superintendent of Indian affairs, or, in case of his absence from any cause, the duties of the superintendent enumerated in this article shall be performed by such person as the Secretary of the Interior shall indicate.

6. The Secretary of the Interior shall appoint a secretary of said council, whose duty it shall be to keep an accurate record of all the proceedings of said council, and to transmit a true copy thereof, duly certified by the superintendent of Indian affairs, to the Secretary of the Interior immediately after the sessions of said council shall terminate. He shall be paid five hundred dollars, as an annual salary, by the United States.

7. The members of the said council shall be paid by the United States four dollars per diem while in actual attendance thereon, and four dollars mileage for every twenty miles going and returning there from by the most direct route, to be certified by the secretary of said council and the presiding officer.

8. The Choctaws and Chickasaws also agree that a court or courts may be established in said Territory with such jurisdiction and organization as Congress may prescribe:
Provided, That the same shall not interfere with the local judiciary of either of said nations.

9. Whenever Congress shall authorize the appointment of a Delegate from said Territory, it shall be the province of said council to elect one from among the nations represented in said council.

10. And it is further agreed that the superintendent of Indian affairs shall be the executive of the said Territory, with the title of "governor of the Territory of Oklahoma," and that there shall be a secretary of the said Territory, to be appointed by the said superintendent; that the duty of the said governor, in addition to those already imposed on the superintendent of Indian affairs, shall be such as properly belong to an executive officer charged with the execution of the laws, which the said council is authorized to enact under the provisions of this treaty; and that for this purpose he shall have authority to appoint a marshal of said Territory and an interpreter; the said marshal to appoint such deputies, to be paid by fees, as may be required to aid him in the execution of his proper functions, and be the marshal of the principal court of said Territory that may be established under the provisions of this treaty.

11. And the said marshal and the said secretary shall each be entitled to a salary of five hundred dollars per annum, to be paid by the United States, and such fees in addition thereto as shall be established by said governor, with the approbation of the Secretary of the Interior, it being understood that the said fee-lists may at any time be corrected and altered by the Secretary of the Interior, as the experience of the system proposed herein to be established shall show to be necessary, and shall in no case exceed the fees paid to marshals of the United States for similar services.

The salary of the interpreter shall be five hundred dollars, to be paid in like manner by the United States.

12. And the United States agree that in the appointment of marshals and deputies, preference, qualifications being equal, shall be given to competent members of the said nations, the object being to create a laudable ambition to acquire the experience necessary for political offices of importance in the respective nations.

13. And whereas it is desired by the said Choctaw and Chickasaw Nations that the said council should consist of an upper and lower house, it is hereby agreed that whenever a majority of the tribes or nations represented in said council shall desire the same, or the Congress of the United States shall so prescribe, there shall be, in addition to the council now provided for, and which shall then constitute the lower house, an upper house, consisting of one member from each tribe entitled to representation in the council now provided for the relations of the two houses to each other being such as prevail in the States of the United States; each house being authorized to choose its presiding officer and clerk to perform the duties appropriate to such offices; and it being the duty, in addition, of the clerks of each house to make out and transmit to the territorial secretary fair copies of the proceedings of the respective houses immediately after their respective sessions, which copies shall be dealt with by said secretary as is now provided in the case of copies of the proceedings of the council mentioned in this act, and the said clerks shall each be entitled to the same per diem as members of the respective houses, and the presiding officers to double that sum.

Article 9. Such sums of money as have, by virtue of treaties existing in the year eighteen hundred and sixty-one, been invested for the purposes of education, shall remain so invested, and the interest thereof shall be applied for the same purposes, in such manner as shall be designated by the legislative authorities of the Choctaw and Chickasaw Nations, respectively.

Article 10. The United States re-affirms all obligations arising out of treaty stipulations or acts of legislation with regard to the Choctaw and Chickasaw Nations, entered into prior to the late rebellion, and in force at that time, not inconsistent herewith; and further agrees to renew the payment of all annuities and others moneys accruing under such treaty stipulations and acts of legislation, from and after the close of the fiscal year ending on the thirtieth of June, in the year eighteen hundred and sixty-six.

Article 11. Whereas the land occupied by the Choctaw and Chickasaw Nations, and described in the treaty between the United States and said nations, of June twenty-second, eighteen hundred and fifty-five, is now held by the members of said nations in common, under the provisions of the said treaty; and whereas it is believed that the holding of said land in severalty will promote the general civilization of said nations, and tend to advance their permanent welfare and the best interests of their individual members, it is hereby agreed that, should the Choctaw and the Chickasaw people, through their respective legislative councils, agree to the survey and dividing their land on the system of the United States, the land aforesaid east of the ninety-eighth degree of west longitude shall be, in view of the arrangements herein-after mentioned, surveyed and laid off in ranges, townships, sections, and parts of sections; and that for the purpose of facilitating such surveys and for the settlement and distribution of said land as hereinafter provided, there shall be established at Boggy Depot, in the Choctaw Territory, a land-office; and that, in making the said surveys and conducting the business of the said office, including the appointment of all necessary agents and surveyors, the same system shall be pursued which has heretofore governed in respect to the public lands of the United States, it being understood that the said surveys shall be made at the cost of the United States and by their agents and surveyors, as in the case of their own public lands, and that the officers and employees shall receive the same compensation as is paid to officers and employees in the land-offices of the United States in Kansas.

Article 12.The maps of said surveys shall exhibit, as far as practicable, the outlines of the actual occupancy of members of the said nations, respectively; and when they are completed, shall be returned to the said land-office at Boggy Depot for inspection by all parties interested, when notice for ninety days shall be given of such return, in such manner as the legislative authorities of the said nations, respectively, shall prescribe, or, in the event of said authorities failing to give such notice in a reasonable time, in such manner as the register of said land-office shall prescribe, calling upon all parties interested to examine said maps to the end that errors, if any, in the location of such occupancies, may be corrected.

Article 13.The notice required in the above article shall be given, not only in the Choctaw and Chicksaw Nations, but by publication in newspapers printed in the States of Mississippi and Tennessee, Louisiana, Texas, Arkansas, and Alabama, to the end that such Choctaws and Chickasaws as yet remain outside of the Choctaw and Chickasaw Nations, may be informed and have opportunity to exercise the rights hereby given to resident Choctaws and Chickasaws: Provided, That before any such absent Choctaw or Chickasaw shall be permitted to select for him or herself, or others, as hereinafter provided, he or she shall satisfy the register of the land-office of his or her intention, or the intention of the party for whom the selection is to be made, to become bona-fide resident in the said nation within five years from the time of selection; and should the said absentee fail to remove into said nation, and occupy and commence an improvement on the land selected within the time aforesaid, the said selection shall be cancelled, and the land shall thereafter be discharged from all claim on account thereof.

Article 14. At the expiration of the ninety days aforesaid the legislative authorities of the said nations, respectively, shall have the right to select one quarter-section of land in each of the counties of said nations respectively, in trust for the establishment of seats of justice therein, and also as many quarter-sections as the said legislative councils may deem proper for the permanent endowment of schools, seminaries, and colleges in said nation, provided such selection shall not embrace or interfere with any improvement in the actual occupation of any member of the particular nation without his consent; and provided the proceeds of sale of the quarter-sections selected for seats of justice shall be appropriated for the erection or improvement of public buildings in the county in which it is located.

Article 15. At the expiration of the ninety days' notice aforesaid, the selection which is to change the tenure of the land in the Choctaw and Chickasaw Nations from a holding in common to a holding in severalty shall take place, when every Choctaw and Chickasaw shall have the right to one quarter-section of land, whether male or female, adult or minor, and if in actual possession or occupancy of land improved or cultivated by him or her, shall have a prior right to the quarter-section in which his or her improvement lies; and every infant shall have selected for him or her a quarter-section of land in such location as the father of such infant, if there be a father living, and if no father living, then the mother or guardian, and should there be neither father, mother, nor guardian, then as the probate judge of the county, acting for the best interest of such infant, shall select.

Article 16. Should an actual occupant of land desire, at any time prior to the commencement of the surveys aforesaid, to abandon his improvement, and select and improve other land, so as to obtain the prior right of selection thereof, he or she shall be at liberty to do so; in which event the improvement so abandoned shall be open to selection by other parties: Provided, That nothing herein contained shall authorize the multiplication of improvements so as to increase the quantity of land beyond what a party would be entitled to at the date of this treaty.

Article 17. No selection to be made under this treaty shall be permitted to deprive or interfere with the continued occupation, by the missionaries established in the respective nations, of their several missionary establishments; it being the wish of the parties hereto to promote and foster an influence so largely conducive to civilization and refinement. Should any missionary who has been engaged in missionary labor for five consecutive years before the date of this treaty in the said nations, or either of them, or three consecutive years prior to the late rebellion, and who, if absent from the said nations, may desire to return, wish to select a quarter-section of land with a view to a permanent home for himself and family, he shall have the privilege of doing so, provided no selection shall include any public buildings, schools or seminary; and a quantity of land not exceeding six hundred and forty acres, to be selected according to legal subdivisions in one body, and to include their improvements, is hereby granted to every religious society or denomination which has erected, or which, with the consent of the Indians, may hereafter erect buildings within the Choctaw and Chickasaw country for missionary or educational purposes; but no land thus granted, nor the buildings which have been or may be erected thereon, shall ever be sold or otherwise disposed of, except with the consent of the legislatures of said nations respectively and approval of the Secretary of the Interior; and whenever such lands or buildings shall be sold or disposed of, the proceeds thereof shall be applied, under the direction of the Secretary of the Interior, to the support and maintenance of other similar establishments for the benefit of the Choctaws and Chickasaws, and such other persons as may hereafter become members of their nations, according to their laws, customs, and usages.

Article 18. In making a selection for children the parent shall have a prior right to select land adjacent to his own improvements or selection, provided such selection shall be made within thirty days from the time at which selections under this treaty commence.

Article 19 The manner of selecting as aforesaid shall be by an entry with the register of the land-office, and all selections shall be made to conform to the legal subdivisions of the said lands as shown by the surveys aforesaid on the maps aforesaid; it being understood that nothing herein contained is to be construed to confine a party selecting to one section, but he may take contiguous parts of sections by legal subdivisions in different sections, not exceeding together a quarter-section.

Article 20. Prior to any entries being made under the foregoing provisions, proof of improvements, or actual cultivation, as well as the number of persons for whom a parent or guardian, or probate judge of the county proposes to select, and of their right to select, and of his or her authority to select, for them, shall be made to the register and receiver of the land-office, under regulations to be prescribed by the Secretary of the Interior.

Article 21. In every township the sections of land numbered sixteen and thirty-six shall be reserved for the support of schools in said township: Provided, That if the same has been already occupied by a party or parties having the right to select it, or it shall be so sterile as to be unavailable, the legislative authorities of the particular nations shall have the right to select such other unoccupied sections as they may think proper.

Article 22. The right of selection hereby given shall not authorize the selection of any land required by the United States as a military post, or Indian agency, not exceeding one mile square, which, when abandoned, shall revert to the nation in which the land lies.

Article 23. The register of the land-office shall inscribe in a suitable book or books, in alphabetical order, the name of every individual for whom a selection shall be made, his or her age, and a description of the land selected.

Article 24. Whereas it may be difficult to give to each occupant of an improvement a quarter-section of land, or even a smaller subdivision, which shall include such improvement, in consequence of such improvements lying in towns, villages, or hamlets, the legislative authorities of the respective nations shall have power, where, in their discretion, they think it expedient, to lay off into town lots any section or part of a section so occupied, to which lots the actual occupants, being citizens of the respective nations, shall have pre-emptive right, and, upon paying into the treasury of the particular nation the price of the land, as fixed by the respective legislatures, exclusive of the value of said improvement, shall receive a conveyance thereof. Such occupant shall not be prejudiced thereby in his right to his selection elsewhere. The town lots which may be unoccupied shall be disposed of for the benefit of the particular nation, as the legislative authorities may direct from time to time. When the number of occupants of the same quarter-section shall not be such as to authorize the legislative authorities to lay out the same, or any part thereof, into town lots, they may make such regulations for the disposition thereof as they may deem proper, either by subdivision of the same, so as to accommodate the actual occupants, or by giving the right of prior choice to the first occupant in point of time, upon paying the others for their improvements, to be valued in such way as the legislative authorities shall prescribe, or otherwise. All occupants retaining their lots under this section, and desiring, in addition, to make a selection, must pay for the lots so retained, as in the case of town lots. And any Choctaw or Chickasaw who may desire to select a sectional division other than that on which his homestead is, without abandoning the latter, shall have the right to purchase the homestead sectional division at such price as the respective legislatures may prescribe.

Article 25. During ninety days from the expiration of the ninety days' notice aforesaid, the Choctaws and Chickasaws shall have the exclusive right to make selections, as aforesaid, and at the end of that time the several parties shall be entitled to patents for their respective selections, to be issued by the President of the United States, and countersigned by the chief executive officer of the nation in which the land lies, and recorded in the records of the executive office of the particular nation; and copies of the said patents, under seal, shall be evidence in any court of law or equity.

Article 26 The right here given to the Choctaws and Chickasaws, respectively, shall extend to all persons who have become citizens by adoption or intermarriage of either of said nations, or who may here-after become such.

Article 27. In the event of disputes arising in regard to the rights of parties to select particular quarter-sections or other divisions of said land, or in regard to the adjustment of boundaries, so as to make them conform to legal divisions and subdivisions such disputes shall be settled by the register of the land-office and the chief executive officer of the nation in which the land lies, in a summary way, after hearing the parties; and if said register and chief officer cannot agree, the two to call in a third party, who shall constitute a third referee, the decision of any two of whom shall be final, without appeal.

Article 28. Nothing contained in any law of either of the said nations shall prevent parties entitled to make selections contiguous to each other; and the Choctaw and Chickasaw Nations hereby agree to repeal all laws inconsistent with this provision.

Article 29. Selections made under this treaty shall, to the extent of one quarter-section, including the homestead or dwelling, be inalienable for the period of twenty-one years from the date of such selection, and upon the death of the party in possession shall descend according to the laws of the nation where the land lies; and in the event of his or her death without heirs, the said quarter-section shall escheat to and become the property of the nation.

Article 30. The Choctaw and Chickasaw Nations will receive into their respective districts east of the ninety-eighth degree of west longitude, in the proportion of one-fourth in the Chickasaw and three-fourths in the Choctaw Nation, civilized Indians from the tribes known by the general name of the Kansas Indians, being Indians to the north of the Indian Territory, not exceeding ten thousand in number, who shall have in the Choctaw and Chickasaw Nations, respectively, the same rights as the Choctaws and Chickasaws, of whom they shall be the fellow-citizens, governed by the same laws, and enjoying the same privileges, with the exception of the right to participate in the Choctaw and Chickasaw annuities and other moneys, and in the public domain, should the same, or the proceeds thereof, be divided per capita among the Choctaws and Chickasaws, and among others the right to select land as herein provided for Choctaws and Chickasaws, after the expiration of the ninety days during which the selections of land are to be made, as aforesaid, by said Choctaws and Chickasaws; and the Choctaw and Chickasaw Nations pledge themselves to treat the said Kansas Indians in all respects with kindness and forbearance, aiding them in good faith to establish themselves in their new homes, and to respect all their customs and usages not inconsistent with the constitution and laws of the Choctaw and Chickasaw Nations respectively. In making selections after the advent of the Indians and the actual occupancy of land in said nation, such occupancy shall have the same effect in their behalf as the occupancies of Choctaws and Chickasaws; and after the said Choctaws and Chickasaws have made their selections as aforesaid, the said persons of African descent mentioned in the third article of the treaty, shall make their selections as therein provided, in the event of the making of the laws, rules, and regulations aforesaid, after the expiration of ninety days from the date at which the Kansas Indians are to make their selections as therein provided, and the actual occupancy of such persons of African descent shall have the same effect in their behalf as the occupancies of the Choctaws and Chickasaws.

Article 31. And whereas some time must necessarily elapse before the surveys, maps, and selections herein provided for can be completed so as to permit the said Kansas Indians to make their selections in their order, during which time the United States may desire to remove the said Indians from their present abiding places, it is hereby agreed that the said Indians may at once come into the Choctaw and Chickasaw Nations, settling themselves temporarily as citizens of the said nations, respectively, upon such land as suits them and is not already occupied.

Article 32. At the expiration of two years, or sooner, if the President of the United States shall so direct, from the completion of the surveys and maps aforesaid, the officers of the land-offices aforesaid shall deliver to the executive departments of the Choctaw and Chickasaw Nations, respectively, all such documents as may be necessary to elucidate the land-title as settled according to this treaty, and forward copies thereof, with the field-notes, records, and other papers pertaining to said titles, to the Commissioner of the General Land Office; and thereafter grants of land and patents therefore shall be issued in such manner as the legislative authorities of said nations may provide for all the unselected portions of the Choctaw and Chickasaw districts as defined by the treaty of June twenty-second, eighteen hundred and fifty-five.

Article 33. All lands selected as herein provided shall thereafter be held in severalty by the respective parties, and the unselected land shall be the common property of the Choctaw and Chickasaw Nations, in their corporate capacities, subject to the joint control of their legislative authorities.

Article 34. Should any Choctaw or Chickasaw be prevented from selecting for him or herself during the the ninety days aforesaid, the failure to do so shall not authorize another to select the quarter-section containing his improvement, but he may at any time make his selection thereof, subject to having his boundaries made to conform to legal divisions as aforesaid.

Article 35. Should the selections aforesaid not be made before the transfer of the land records to the executive authorities of said nations, respectively, they shall be made according to such regulations as the legislative authorities of the two nations, respectively, may prescribe, to the end that full justice and equity may be done to the citizens of the respective territories.

Article 36. Should any land that has been selected under the provisions of this treaty be abandoned and left uncultivated for the space of seven years by the party selecting the same, or his heirs, except in the case of infants under the age of twenty-one years, or married women, or persons non compos mentis, the legislative authorities of the nation where such land lies may either rent the same for the benefit of those interested, or dispose of the same otherwise for their benefit, and may pass all laws necessary to give effect to this provision.

Article 37. In consideration of the right of selection hereinbefore accorded to certain Indians other than the Choctaws and Chickasaws, the United States agree to pay to the Choctaw and Chickasaw Nations, out of the funds of Indians removing into said nations respectively, under the provisions of this treaty, such sum as may be fixed by the legislatures of said nations, not exceeding one dollar per acre, to be divided between the said nations in the proportion of one-fourth to the Chickasaw Nation and three-fourths to the Choctaw Nation, with the understanding that at the expiration of twelve months the actual number of said immigrating Indians shall be ascertained, and the amount paid that may be actually due at the rate aforesaid; and should still further immigrations take place from among said Kansas Indians, still further payments shall be made accordingly from time to time.

Article 38. Every white person who, having married a Choctaw or Chickasaw, resides in the said Choctaw or Chickasaw Nation, or who has been adopted by the legislative authorities, is to be deemed a member of said nation, and shall be subject to the laws of the Choctaw and Chickasaw Nations according to his domicile, and to prosecution and trial before their tribunals, and to punishment according to their laws in all respects as though he was a native Choctaw or Chickasaw.

Article 39. No person shall expose goods or other articles for sale as a trader without a permit of the legislative authorities of the nation he may propose to trade in; but no license shall be required to authorize any member of the Choctaw or Chickasaw Nations to trade in the Choctaw or Chickasaw country who is authorized by the proper authority of the nation, nor to authorize Choctaws or Chickasaws to sell flour, meal, meat, fruit, and other provisions, stock, wagons, agricultural implements, or tools brought from the United States into the said country.

Article 40 All restrictions contained in any treaty heretofore made, or in any regulation of the United States upon the sale or other disposition of personal chattel property by Choctaws or Chickasaws are hereby removed.

Article 41. All persons who are members of the Choctaw or Chickasaw Nations, and are not otherwise disqualified or disabled, shall hereafter be competent witnesses in all civil and criminal suits and proceedings in any courts of the United States, any law to the contrary notwithstanding.

Article 42. The Choctaw and Chickasaw Nations shall deliver up persons accused of crimes against the United States who may be found within their respective limits on the requisition of the governor of any State for a crime committed against the laws of said State, and upon the requisition of the judge of the district court of the United States for the district within which the crime was committed.

Article 43. The United States promise and agree that no white person, except officers, agents, and employees of the Government, and of any internal improvement company, or persons traveling through, or temporarily sojourning in, the said nations, or either of them, shall be permitted to go into said Territory, unless formally incorporated and naturalized by the joint action of the authorities of both nations into one of the said nations of Choctaws and Chickasaws, according to their laws, customs, or usages; but this article is not to be construed to affect parties heretofore adopted, or to prevent the employment temporarily of white persons who are teachers, mechanics, or skilled in agriculture, or to prevent the legislative authorities of the respective nations from authorizing such works of internal improvement as they may deem essential to the welfare and prosperity of the community, or be taken to interfere with or invalidate any action which has heretofore been had in this connection by either of the said nations.

Article 44. Post-offices shall be established and maintained by the United States at convenient places in the Choctaw and Chickasaw Nations, to and from which the mails shall be carried at reasonable intervals, at the rates of postage prevailing in the United States.

Article 45. All the rights, privileges, and immunities heretofore possessed by said nations or individuals thereof, or to which they were entitled under the treaties and legislation heretofore made and had in connection with them, shall be, and are hereby declared to be, in full force, so far as they are consistent with the provisions of this treaty.

Article 46. Of the moneys stipulated to be paid to the Choctaws and Chickasaws under this treaty for the cession of the leased district, and the admission of the Kansas Indians among them, the sum of one hundred and fifty thousand dollars shall be advanced and paid to the Choctaws, and fifty thousand dollars to the Chickasaws, through their respective treasurers, as soon as practicable after the ratification of this treaty, to be repaid out of said moneys or any other moneys of said nations in the hands of the United States; the residue, not affected by any provisions of this treaty, to remain in the Treasury of the United States at an annual interest of five per cent., no part of which shall be paid out as annuity, but shall be annually paid to the treasurer of said nations, respectively, to be regularly and judiciously applied, under the direction of their respective legislative councils, to the support of their government, the purposes of education, and such other objects as may be best calculated to promote and advance the welfare and happiness of said nations and their people respectively.

Article 47. As soon as practicable after the lands shall have been surveyed and assigned to the Choctaws and Chickasaws in severalty as herein provided, upon application of their respective legislative councils, and with the assent of the President of the United States, all the annuities and funds invested and held in trust by the United States for the benefit of said nations respectively shall be capitalized or converted into money, as the case may be; and the aggregate amounts thereof belonging to each nation shall be equally divided and paid per capita to the individuals thereof respectively, to aid and assist them in improving their homesteads and increasing or acquiring flocks and herds, and thus encourage them to make proper efforts to maintain successfully the new relations which the holding of their lands in severalty will involve: Provided, nevertheless, that there shall be retained by the United States such sum as the President shall deem sufficient of the said moneys to be invested, that the interest thereon may be sufficient to defray the expenses of the government of said nations respectively, together with a judicious system of education, until these objects can be provided for by a proper system of taxation; and whenever this shall be done to the satisfaction of the President of the United States, the moneys so retained shall be divided in the manner and for the purpose above mentioned.

Article 48. Immediately after the ratification of this treaty there shall be paid, out of the funds of the Choctaws and Chickasaws in the hands of the United States, twenty-five thousand dollars to the Choctaw and twenty-five thousand dollars to the Chickasaw commissioners, to enable them to discharge obligations incurred by them for various incidental and other expenses to which they have been subjected, and for which they are now indebted.

Article 49. And it is further agreed that a commission, to consist of a person or persons to be appointed by the President of the United States, not exceeding three, shall be appointed immediately on the ratification of this treaty, who shall take into consideration and determine the claim of such Choctaws and Chickasaws as allege that they have been driven during the late rebellion from their homes in the Choctaw [and Chickasaw] Nations on account of their adhesion to the United States, for damages, with power to make such award as may be consistent with equity and good conscience, taking into view all circumstances, whose report, when ratified by the Secretary of the Interior, shall be final, and authorize the payment of the amount from any moneys of said nations in the hands of the United States as the said commission may award.

Article 50. Whereas Joseph G. Heald and Reuben Wright, of Massachusetts, were licensed traders in the Choctaw country at the commencement of the rebellion, and claim to have sustained large losses on account of said rebellion, by the use of their property by said nation, and that large sums of money are due them for goods and property taken, or sold to the members of said nation, and money advanced to said nation; and whereas other loyal citizens of the United States may have just claims of the same character: It is hereby agreed and stipulated that the commission provided for in the preceding article shall investigate said claims, and fully examine the same; and such sum or sums of money as shall by the report of said commission, approved by the Secretary of the Interior, be found due to such persons, not exceeding ninety thousand dollars, shall be paid by the United States to the persons entitled thereto, out of any money belonging to said nation in the possession of the United States: Provided, That no claim for goods or property of any kind shall be allowed or paid, in whole or part, which shall have been used by said nation or any member thereof in aid of the rebellion, with the consent of said claimants: Provided also, That if the aggregate of said claims thus allowed and approved shall exceed said sum of ninety thousand dollars, then that sum shall be applied pro rata in payment of the claims so allowed.

Article 51. It is further agreed that all treaties and parts of treaties inconsistent herewith be, and the same are hereby, declared null and void.

In testimony whereof, the said Dennis N. Cooley, Elijah Sells, and E. S. Parker, Commissioners in behalf of the United States, and the said Commissioners on behalf of the Choctaw and Chickasaw nations, have hereunto set their hands and seals the day and year first above written.

D. N. Cooley, Commissioner of Indian Affairs
Elijah Sells, Superintendent of Indian Affairs
E. S. Parker, Special Commissioner

Commissioners for United States
Alfred Wade
Allen Wright
James Riley
John Page

Choctaw commissioners
Winchester Colbert
Edmund (his x mark) Pickens
Holmes Colbert
Colbert Carter
Robert H. Love

Chickasaw Commissioners
Campbell Leflore
Secretary of Choctaw Delegation
E. S. Mitchell
Secretary of Chickasaw Delegation

In presence of
Jno. H. B. Latrobe
P. P. Pitchlynn
Principal Chief Choctaws
Douglas H. Cooper
J. Harlan
Charles E. Mix
Source: Indian Treaties, Acts and Agreements