Treaty with The Chickasaw (Unratified)
August 31st, 1830
Articles of a treaty, entered into at Franklin, Tennessee,
this 31st day of August, 1830, by John H. Eaton, Secretary
of War, and General John Coffee, commissioners appointed by
the President, on the part of the United States, and the chiefs
and head men of the Chickasaw Nation of Indians, duly authorized,
by the whole nation, to conclude a treaty.
Article 1.
The Chickasaw Nation hereby cede to the United States all
the lands owned and possessed by them, on the East side of
the Mississippi River, where they at present reside, and which
lie north of the following boundary, viz: beginning at the
mouth of the Oacktibbyhaw (or Tibbee) creek; thence, up the
same, to a point, being a marked tree, on the old Natchez
road, about one mile Southwardly from Wall's old place; thence,
with the Choctaw boundary, and along it, Westwardly, through
the Tunicha old fields, to a point on the Mississippe river,
about twenty-eight miles, by water, below where the St. Francis
river enters said stream, on the West side. All the lands
North, and North-East of said boundary, to latitude thirty-five
North the South boundary of the State of Tennessee, being
owned by the Chickasaws, are hereby ceded to the United States.
Article 2.
In consideration of said cession, the United States agree
to furnish to the Chickasaw Nation of Indians, a country,
West of the territory of Arkansaw, to lie South of latitude
thirty-six degrees and a half, and of equal extent with the
one ceded; and in all respects as to timber, water and soil,
it shall be suited to the wants and condition of said Chickasaw
people. It is agreed further, that the United States will
send one or more commissioners to examine and select a country
of the description stated, who shall be accompanied by an
interpreter and not more than twelve persons of the Chickasaws,
to be chosen by the nation, to examine said country; and who,
for their expenses and services, shall be allowed two dollars
a day each, while so engaged. If, after proper examination,
a country suitable to their wants and condition can not be
found; then, it is stipulated and agreed, that this treaty,
and all its provisions, shall be considered null and void.
But, if a country shall be found and approved, the President
of the United States shall cause a grant in fee simple to
be made out, to be signed by him as other grants are usually
signed, conveying the country to the Chickasaw people, and
to their children, so long as they shall continue to exist
as a nation, and shall reside upon the same.
Article 3.
The Chickasaws being a weak tribe, it is stipulated that
the United States will, at all times, extend to them their
protection and care against enemies of every description,
but it is, at the same time, agreed, that they shall act peacably,
and never make war, nor resort to arms, except with the consent
and approval of the President, unless in cases where they
may be invaded by some hostile power or tribe.
Article 4.
As further consideration, the United States agree, that each
warrior and widow having a family, and each white man, having
an Indian family, shall be entitled to a half section of land,
and if they have no family, to half that quantity. The delegation
present, having full knowledge of the population of their
country, stipulate, that the first class of cases (those with
families), shall not exceed five hundred, and that the other
class shall not exceed one hundred persons. The reservations
secured under this article, shall be granted in fee simple,
to those who choose to remain, and become subject to the laws
of the whites; and who, having recorded such intention with
the agent, before the time of the first removal, shall continue
to reside upon, and cultivate the same, for five years; at
the expiration of which time, a grant shall be issued. But
should they prefer to remove, and actually remove, then the
United States, in lieu of such reservations, will pay for
the same, at the rate of one dollar and a half per acre; the
same to be paid in ten equal, annual instalments, to commence
after the period of the ratification of this treaty, if, at
that time, they shall have removed.
Article 5.
It is agreed, that the United States, as further consideration,
will pay to said Nation of Indians, fifteen thousand dollars
annually, for twenty years; the first payment to be made after
their removal shall take place, and they be settled at their
new homes, West of the Mississippi.
Article 6.
Whereas Levi Clolbert, George Colbert, Tishimingo, William
McGilvery and Saml. Seeley Senr., have been long known, as
faithful and steady friends of the United States, and regardless
of the interest of their own people; to afford them an earnest
of our good feeling, now that they are about to seek a new
home; the commissioners, of their own accord, and without
any thing of solicitation or request, on the part of said
persons, have proposed, and do agree, that they have reservations
of four sections each, to include their present improvements,
as nearly as may be; or, if they have improvements at any
other place than one, then, equally to divide said reservations,
so that two sections may be laid off at one place of improvement,
and two at another; or, the whole at one place, as the party
entitled may choose. They shall be entitled to the same in
fee simple, to be resided upon; or, if they prefer it, they
may, with the consent of the President, sell and convey the
same, in fee. And it is further agreed, that upon the same
terms and conditions, a reservation of two sections, to be
surveyed together, and to include the improvements of the
party entitled, shall and the same is hereby declared to be,
secured to Capt. James Brown, James Colbert, John McLish Isaac
Alberson.
Article 7.
The delegation having selected the following persons, as
worthy their regard and confidence, to wit; Ish to yo to pe,
To pul ka, Ish te ke yo ka tubbe, lsh te ke cha, E le paum
be, Piste la tubbe, Ish tim mo lat ka, Pis ta tubbe, Im mo
hoal te tubbe, Ba ka tubbe, Ish to ye tubbe, Ah to ko wa,
Pak la na ya ubbe, In hie yo che tubbe, Thomas Seally, Tum
ma sheck ah, Im mo la subbe, Am le mi ya tubbe; Benjamin Love
and Malcomb McGee;it is consented that each of said persons
shall be entitled to a reservation of one section of land,
to be located in a body, to include their present improvement,
and upon which, intending to become resident citizens of the
country, they may continue, and at the end of five years,
shall receive a grant for the same; or, should they prefer
to remove, they shall be entitled, in lieu thereof, to receive
from the United States, one dollar and twenty-five cents per
acre for the same, to be paid in two equal, annual instalments,
to commence after the ratification of this treaty, and after
the nation shall have removed.
Article 8.
No person receiving a special reservation, shall be entitled
to claim any further reservation, under the provisions of
the fourth article of this treaty.
Article 9.
At the request of the delegation, it is agreed that Levi
Colbert shall have an additional section of land, to that
granted him in the 6th article, to be located where he may
prefer, and subject to the conditions contained in said sixth
article.
Article 10.
All the reservations made by this treaty, shall be in sections,
half sections, or quarter sections, agreeably to the legal
surveys made, and shall include the present houses and improvements
of the reservees, as nearly as may be.
Article 11.
It is agreed that the Chickasaw people, in removing to their
new homes, shall go there at the expense of the United States;
and that when they shall have arrived at their new homes,
the United States will furnish to each one, for the space
of one year, meat and corn rations, for himself and his family;
that thereby, time may be afforded to clear the ground, and
prepare a crop. And the better to effect this object, it is
agreed that one-half the nation shall remove in the fall of
1831, and the other half the following fall. The supplies
to be furnished by the United States, are to be delivered
at one or two places in the nation, which shall be as convenient
to the body of the people as may be practicable; having regard
to the position or places, where the supplies may be had or
deposited, with the greatest convenience, and least expense
to the United States.
Article 12.
The United States, at the time of the removal of each portion
of the nation, at the valuation of some respectable person,
to be appointed by the President, agree to purchase all the
stock they may desire to part with, (except horses), and to
pay them therefor, at their new homes, as early as practicable
after the ratification of this treaty. Also, to receive their
agricultural and farming utencils, and to furnish them, at
the West, with axes, hoes and ploughs, suited to their wants
respectively. Also, to furnish each family with a spinning
wheel and cards, and a loom to every six families.
Article 13.
A council house, and two houses of public worship, which
may be used for the purposes of schools, shall be built by
the United States; and the sum of four thousand dollars shall
be appropriated for that purpose. Also, one blacksmith, and
no more, shall be employed at the expense of the government,
for twenty years, for the use of the Indians; and a mill-wright
for five years, to aid them in erecting their saw and grist-mills.
Article 14.
The sum of two thousand dollars a year, shall be paid for
ten years, for the purpose of employing suitable teachers
of the Christian religion, and superintending common schools
in the nation. And it is further consented, that twenty Chickasaw
boys of promise, from time to time, for the period of twenty
years, shall be selected from the nation by the chiefs, to
be educated within the States at the expense of the United
States, under the direction of the Secretary of War.
Article 15.
A desire having been expressed by Levi Colbert, that two
of his younger sons, Abijah Jackson Colbert, and Andrew Morgan
Colbert, aged seven and five years, might be educated under
the direction and care of the President of the United States;
and George Colbert having also expressed a wish that his grand-son,
Andrew Frazier, aged about twelve years, might have a similar
attention: It is consented, that at a proper age, as far as
they may be found to have capacity, they shall receive a liberal
education, at the expense of the United States, under the
direction and control of the President.
Article 16.
The United States shall have authority, after the ratification
of this treaty by the Senate, to survey and prepare the country
for sale; but no sale shall take place before the fall of
1832, or until they shall remove. And that every clause and
article herein contained may be strictfully fulfilled; it
is stipulated and agreed, that the lands herein ceded shall
be, and the same are hereby pledged, for the payment of the
several sums which are secured and directed to be paid, under
the several provisions of this treaty.
Article 17.
The United States, and the Chickasaw nation of Indians herein
stipulate, that perpetual peace, and unaltered and lasting
friendship, shall be maintained between them.
It is agreed, that the President of the United States will
use his good offices, and kind mediation, and make a request
of the governor and legislature of the State of Mississippi,
not to extend their laws over the Chickasaws; or to suspend
their operation, until they shall have time to remove, as
limited in this treaty.
In witness of all and every thing herein determined, between
the United States, and the delegation representing the whole
Chickasaw nation, the parties have hereunto set their hands
and seals, at Franklin, Tennessee, within the United States,
this thirty-first day of August, one thousand, eight hundred
and thirty.
- Jn H Eaton, Secr. of War.
- Jno. Coffee.
- Levi Colbert, his x mark.
- George Colbert, his x mark.
- James Colbert, his x mark.
- Wm. McGilvery, his x mark.
- James Brown, his x mark.
- Isaac Alberson, his x mark.
- To pul ka, his x mark.
- Ish te ke yo ka tubbe, his x mark.
- Ish te ke cha, his x mark.
- Im me houl te tubbe, his x mark.
- In ha yo chet tubbe, his x mark.
- Ish te ya tubbe, his x mark.
- Ah to ko wa, his x mark.
- Ook la na ya ubbc, his x mark.
- Im mo la subbe, his x mark.
- Hush tata be, his x mark.
- In no wake che, his x mark.
- Oh he cubbe, his x mark.
- Kin hi the, his x mark.
- J. McLish.
Signed in presence of us,
- Preston Hay, Secretary.
- Benj. Reynolds, U. S. agent.
- Benjamin Love, interpreter.
- R. M. Gavock.
- R. P. Currin.
- Lemuel Smith.
- Leml. Donelson.
- Jos. H. Fry.
- James H. Wilson.
- J. R. Davis.
Articles, supplementary to a treaty this day entered into,
between John H. Eaton and John Coffee, on the part of the
United States, and the Chiefs of the Chickasaw nation.
1. It is agreed that the United States will furnish the Chickasaw
nation, to be distributed by the agent, under the direction
of the chiefs, at or before the time of their removal West
of the Mississippi river, three hundred rifles, with moulds
and wipers; also, three hundred pounds of good powder, and
twelve hundred pounds of lead. They will also furnish as aforesaid,
three hundred copper or brass kettles, and six hundred blankets.
Likewise three thousand weight of leaf tobacco.
2. Colbert's Island, in the Tennessee river, just below the
mouth of Caney Creek, supposed to contain five hundred acres,
has always been in the use and occupancy of George Colbert,
and has been admitted by the nation, to be his individual
property. It is agreed now, that he shall be recognized, as
having a title to the same, and that he shall receive from
the United States, in consideration of it, one thousand dollars,
to be paid in one year after the Chickasaws shall remove to
their new homes.
3. James Colbert has represented, that he has a claim of
thirteen hundred dollars, of money due from a citizen of the
United States;-that he has become insolvent, and is unable
to pay it. It is further represented, that by the rule of
the Chickasaw people, where an Indian cannot pay a debt due
to a white man, the nation assumes it. Also, Levi Colbert
shews, that some time since, he purchased of a white citizen,
a horse which was stolen, and proven and taken out of his
possession, as stolen property, for which he has not, and
cannot, obtain remuneration. Being now about to leave their
ancient homes, for a new one, too distant to attend to their
business here; it is agreed that a section of land may be
located and reserved, to be bound by sectional lines; which
land, with the consent of the President, they may sell.
4. The Chickasaw delegation request, that a reservation of
land may be made in favor of their excellent agent, Col. Benjamin
Reynolds, who, since he has been among them, as a nation that
we must seek a home in an unknown region of the west.
Friends Brothers
We are informed by our Father the President of the U. States,
that states have been formed a round us and now claim the
right of extending her laws through out her teritorial limits
consequently subject us to her civil and criminal laws. Should
we find it expediant to remain where we are the States of
Mississippi and Alabama extend their laws over us, we would
view it an act of usurpation on their part, unwarranted by
the the constitution of the U. States and treaties that now
exist, unpareled in history, and in many instance the greatest
grivances and hardships would be imposed upon us.
Our Father the President informed us that we will be subjected
only to such laws as govern the whites, and that courts will
be open for the redress of wrongs that will be done to us,
as well as for wrongs that the Indians may do to the white
man. This may at the first view appear fare and Just and in
Fact would be provided that our people possessed an equal
education and intellegence that is difused amongst our white
brothers.
Father
Your red children view this state of thing with feeling of
the deepest respect, and are strongly impressed with the belief
that you sincerly feel a desire to make us happy. Also that
the citizens of the State of Mississippi and Alabama, are
perfectly aware that by the extention of their laws over us
it would not Benefit them one cent, but to affect an object
so desirable to themselves, that is to drive use from our
homes and take possession of our lands.
Father
You call us your children whom you profess to have the highest
regard for, we know you are sincere in your profession and
it creates in our bosoms the warmest feelings of affection
towards you as the great Father protector of your white red
children, but we humbly beg leave to represent to you that
we now conceive that we have now arrived to the age of maturity
and that we may continue to act in this important occasion
as will be best calculated to obtain as desirable an object,
Peace, Quietness, and a perpetual home -- and at the same
time, we feel a disposition to accomodate the views of our
Father in exchange of country as you have propossed if you
will let us examine your country and we can find one that
you have not already disposed of that will be equal to the
one we now occupy, we will then talk in fairness about exchange,
candid towards you, and Justice to our selves commpells us
to say to you that we cannot consent to exchange the country
where we now live for one that we never have seen.
- Colo. George Colbert his X mark
- Majr. Levi Colbert his X mark
- Capt Wm McGilviery his X mark
- Capt Jas. Brown his X mark
- Capt Isaac Alberson his X mark
- To-pul-ka his X mark
- Ish-te-ya-tubbe his X mark
- Ah-to-ka-wa his X mark
- Hush-ta-ta-ba his X mark
- In-ne-wa-ka-che his X mark
- O-he-ka-ubbe his X mark
- Im-mo-la-subbe his X mark
- Im-mo-houl-le-tubbe his X mark
- Ish-te-he-che his X mark
- In-he-yo-che-tubbee his X mark
- Kin-hi-che his X mark
- James Colbert
- J McLish Secretary for the Nation
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