Treaty with The Chickasaw
October 19th, 1818
Treaty with the Chickasaws, to settle all territorial
controversies, and to remove all ground of complaint or dissatisfaction,
that might arise to interrupt the peace and harmony which
have so long and so happily existed between the United States
of America and the Chickesaw nation of Indians, James Monroe,
President of the said United States, Isaac Shelby and Andrew
Jackson, of the one part, and the whole Chickesaw nation,
by their chiefs, head men, and warriors, in full council assembled,
of the other part, have agreed on the following articles;
which, when ratified by the President and Senate of the United
States of America, shall form, a treaty binding on all parties.
Article 1.
Peace and friendship are hereby firmly established and made
perpetual, between the United States of America and the Chickesaw
nation of Indians.
Article 2.
To obtain the object of the foregoing article, the Chickesaw
nation of Indians cede to the United States of America, (with
the exception of such reservation as shall be hereafter mentioned)
all claim or title which the said nation has to the land lying
north of the south boundary of the state of Tennessee, which
is bounded south by the thirty-fifth degree of north latitude,
and which lands, hereby ceded, lies within the following boundary,
viz: Beginning on the Tennessee river, about thirty-five miles,
by water, below colonel George Colbert's ferry, where the
thirty-fifth degree of north latitude strikes the same; thence,
due west, with said degree of north latitude, to where it
cuts the Mississippi river at or near the Chickasaw Bluffs;
thence, up the said Mississippi river, to the mouth of the
Ohio; thence, up the Ohio river, to the mouth of Tennessee
river; thence, up the Tennessee river, to the place of beginning.
Article 3.
In consideration of the relinquishment of claim and cession
of lands in the preceding article, and to perpetuate the happiness
of the Chickesaw nation of Indians, the commissioners of the
United States, before named, agree to allow the said nation
the sum of twenty thousand dollars per annum, for fifteen
successive years, to be paid annually; and, as a farther consideration
for the objects aforesaid, and at the request of the chiefs
of the said nation, the commissioners agree to pay captain
John Gordon, of Tennessee, the sum of one thousand one hundred
and fifteen dollars, it being a debt due by general William
Colbert, of said nation, to the aforesaid Gordon; and the
further sum of two thousand dollars, due by said nation of
Indians, to captain David Smith, now of Kentucky, for that
sum by him expended, in supplying himself and forty-five soldiers
from Tennessee, in the year one thousand seven hundred and
ninety-five, when assisting them (at their request and invitation)
in defending their towns against the invasion of the Creek
Indians; both which sums, (on the application of the said
nation) is to be paid, within sixty days after the ratification
of this treaty, to the aforesaid Gordon and Smith.
Article 4.
The commissioners agree, on the further and particular application
of the chiefs, and for the benefit of the poor and warriors
of the said nation, that a tract of land, containing four
miles square, to include a salt lick or springs, on or near
the river Sandy, a branch of the Tennessee river, and within
the land hereby ceded, be reserved, and to be laid off in
a square or oblong, so as to include the best timber, at the
option of their beloved chief Levi Colbert, and major James
Brown, or either of them; who are hereby made agents and trustees
for the nation, to lease the said salt lick or springs, on
the following express conditions, viz: For the benefit of
this reservation, as before recited, the trustees or agents
are bound to lease the said reservation to some citizen or
citizens of the United States, for a reasonable quantity of
salt, to be paid annually to the said nation, for the use
thereof; and that, from and after two years after the ratification
of this treaty, no salt, made at the works to be erected on
this reservation, shall be sold within the limits of the same
for a higher price than one dollar per bushel of fifty pounds
weight; on failure of which the lease shall be forfeited,
and the reservation revert to the United States.
Article 5.
The commissioners agree, that there shall be paid to Oppassantubby,
a principal chief of the Chickesaw nation, within sixty days
after the ratification of this treaty, the sum of five hundred
dollars, as a full compensation for the reservation of two
miles square, on the north side of Tennessee river, secured
to him and his heirs by the treaty held, with the said Chickesaw
nation, on the twentieth day of September, 1816; and the further
sum of twenty-five dollars to John Lewis, a half breed, for
a saddle he host while in the service of the United States;
and, to shew the regard the President of the United States
has for the said Chickesaw nation, at the request of the chiefs
of the said nation, the commissioners agree that the sum of
one thousand and eighty-nine dollars shall be paid to Maj.
James Colbert, interpreter, within the period stated in the
first part of this article, it being the amount of a sum of
money taken from his pocket, in the month of June, 1816, at
the theatre in Baltimore: And the said commissioners, as a
further regard for said nation, do agree that the reservations
made to George Colbert and Levi Colbert, in the treaty held
at the council house of said nation, on the twenty-sixth (twentieth)
day of September, 1816, the first to Col. George Colbert,
on the north side of Tennessee river, and those to Maj. Levi
Colbert, on the east side of the Tombigby river, shall enure
to the sole use of the said Col. George Colbert, and Maj.
Levi Colbert, their heirs and assigns, forever, with their
butts and bounds, as defined by said treaty, and agreeable
to the marks and boundaries as laid off and marked by the
surveyor of the United States, where that is the case, and
where the reservations has not been laid off and marked by
a surveyor of the United States, the same shall be so done
as soon after the ratification of this treaty as practicable,
on the application of the reservees, or their legally appointed
agent under them, and agreeably to the definition in the before
recited treaty. This agreement is made on the following express
conditions: that the said land, and those living on it, shall
be subject to the laws of the United States, and all legal
taxation that may be imposed on the land or citizens of the
United States inhabiting the territory where said land is
situate. The commissioners further agree, that the reservation
secured to John McCleish, on the north side of Tennessee river,
by the before recited treaty, in consequence of his having
been raised in the state of Tennessee, and marrying a white
woman, shall enure to the sole use of the said John McCleish,
his heirs and assigns, forever, on the same conditions attached
to the lands of Col. George Colbert and Maj. Levi Colbert,
in this article.
Article 6.
The two contracting parties covenant and agree, that the
line of the south boundary of the state of Tennessee, as described
in the second article of this treaty, shall be ascertained
and marked by commissioners appointed by the President of
the United States; that the marks shall be bold; the trees
to be blazed on both sides of the line, and the fore and aft
trees marked U. S.; and that the commissioners shall be attended
by two persons, to be designated by the Chickasaw nation;
and the said nation shall have due and seasonable notice when
said operation is to be commenced. It is further agreed by
the commissioners, that all improvements actually made by
individuals of the Chickesaw nation, which shall be found
within the lands ceded by this treaty, that a fair and reasonable
compensation shall be paid therefor, to the respective individuals
having made or owned the same.
Article 7.
In consideration of the friendly and conciliatory disposition
evinced during the negotiation of this treaty, by the Chickesaw
chiefs and warriors, but more particularly, as a manifestation
of the friendship and liberality of the President of the United
States, the commissioners agree to give, on the ratification
of this treaty, to Chinnubby, King of the Chickesaws nation,
to Teshuamingo, William M'Gilvery, Anpassantubby, Samuel Seely,
James Brown, Levi Colbert, Ickaryoucuttaha, George Pettygrove,
Immartarharmicco, Chickesaw chiefs, and to Mal-cum M'Gee,
interpreter to this treaty, each, one hundred and fifty dollars,
in cash; and to Major William Glover, Col. George Colbert,
Hopoyeahaummar, Immauklusharhopoyea, Tushkarhopoye, Hopoyea-haummar,
jun. Immauklusharhopyea, James Colbert, Coweamarthlar, lllachouwarhopoyea,
military leaders, one hundred dollars each; and do further
agree, that any annuity heretofore secured to the Chickesaw
nation of Indians, by treaty, to be paid in goods, shall hereafter
be paid in cash.
In testimony whereof the said commissioners, and undersigned
chiefs and warriors, have set their hands and seals. Done
at the treaty ground east of Old Town, this nineteenth day
of October, in the year of our Lord one thousand eight hundred
and eighteen.
- Isaac Shelby,
- Andrew Jackson.
- Levi Colbert, his x mark,
- Samuel Seely, his x mark,
- Chinnubby, King, his x mark,
- Teshuamingo, his x mark,
- William McGilvery, his x mark,
- Arpasheushtubby, his x mark,
- James Brown, his x mark,
- Ickaryaucuttaha, his x mark,
- Georgo Pettygrove; his x mark,
- Immartaharmico, his x mark,
- Major General William Colbert, his x mark,
- Major William Glover, his x mark,
- Hopayahaummar, his x mark,
- Immouklusharhopoyea, his x mark,
- Tuskaehopoyea, his x mark,
- Hopoyahaummar, jun. his x mark,
- Immaaklusharhopoyea, his x mark,
- James Colbert,
- Cowemarthlar, his x mark,
- Illackhanwarhopoyes, his x mark,
- Col. George Colbert, his x mark,
- In the presence of Robert Butler, adjutant-general and secretary,
- Th. J. Sherburne, agent for the Chickasaw nation of Indians,
- Malculm McGee, interpreter, his x mark,
- Martin Colbert,
- J. C. Bronaugh, assistant inspector general S. D.,
- Thos. H. Shelby, of Kentucky,
- R. K. Call, Captain U. S. Army,
- Benjamin Smith, of Kentucky,
- Richard I. Easter, A. D. Q. M. General.
- M. B. Winchester,
- W. B. Lewis.
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