Treaty with the Choctaw, 1830.
Sept. 27, 1830. | 7 Stat., 333. | Proclamation, Feb. 24, 1831.
Indian Affairs: Laws and Treaties. Vol. II (Treaties)
Compiled and edited by Charles J. Kappler
Washington : Government Printing Office, 1904
[Pages 310-317 ]
Margin Notes:
Links to Paragraphs
Peace and friendship.
Country to be conveyed to Choctaws.
Country ceded to United States.
Self-government secured to Choctaws.
United States to protect Choctaws, etc.
Offenses against citizens of United States, etc.
Offenses against Choctaws.
Delivery of offenders.
Persons ordered from the nation, etc.
Traders to require a written permit.
Navigable streams, post-offices, and military posts.
Intruders.
Theft.
Agent.
Choctaws wishing to become citizens of United States.
Reservations for chiefs.
Annuities.
Pay of chiefs, etc.
Removal of Indians.
Cattle.
Annuities under former treaties.
Further annuity.
Survey of ceded lands, etc.
Reservations of land for--
Certain individuals.
Heads of families.
Captains.
Orphans.
Stipulation by United States for the benefit of the Choctaws.
Annuity to certain old warriors.
Delegate to Congress.
Supplementary articles.
[ Pages 317-319 ]
Reservations.
Exploring party.
Reservation.
Debts to Glover and Gaines.
Reservation.
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 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 I. 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 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.
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.
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.
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.
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 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 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
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
ART. 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.
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.
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.
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.
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, [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.
________
a this paragraph was not ratified.
________
Supplementary Articles to the Preceding Treaty.
Sept. 28, 1830. | 7 Stat., 340.
[Pages 317-319 ]
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 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.
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.
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, [L. S.]
Jno. Coffee, [L. S.]
Greenwood Leflore, [L. S.]
Nittucachee, his x mark, [L. S.]
Mushulatubbee, his x mark, [L. S.]
Offahoomah, his x mark, [L. S.]
Eyarhoeuttubbee, his x mark, [L. S.]
Iyaeherhopia, his x mark, [L. S.]
Holubbee, his x mark, [L. S.]
Onarhubbee, his x mark, [L. S.]
Robert Cole, his x mark, [L. S.]
Hopiaunchahubbee, his x mark, [L. S.]
David Folsom, [L. S.]
John Garland, his x mark, [L. S.]
Hopiahoomah, his x mark, [L. S.]
Captain Thalko, his x mark, [L. S.]
Pierre Juzan, [L. S.]
Immarstarher, his x mark, [L. S.]
Hoshimhamartar, his x mark, [L. S.]
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.
|