Treaty with The Chickasaw
October 20, 1832
Articles of a treaty made and entered into between Genl.
John Coffee, being duly authorized thereto, by the President
of the United States, and the whole Chickasaw Nation, in General
Council assembled, at the council House, on Pontitock Creek
on the twentieth day of October, 1832.
THE Chickasaw Nation find themselves oppressed in their present
situation; by being made subject to the laws of the States
in which they reside. Being ignorant of the language and laws
of the white man, they cannot understand or obey them. Rather
than submit to this great evil, they prefer to seek a home
in the west, where they may live and be governed by their
own laws. And believing that they can procure for themselves
a home, in a country suited to their wants and condition,
provided they had the means to contract and pay for the same,
they have determined to sell their country and hunt a new
home. The President has heard the complaints of the Chickasaws,
and like them believes they cannot be happy, and prosper as
a nation, in their present situation and condition, and being
desirous to relieve them from the great calamity that seems
to await them, if they remain as they are--He has sent his
Commissioner Genl. John Coffee, who has met the whole Chickasaw
nation in Council, and after mature deliberation, they have
entered into the following articles, which shall be binding
on both parties, when the same shall be ratified by the President
of the United States by and with the advice and consent of
the Senate.
Article I.
For the consideration hereinafter expressed, the Chickasaw
nation do hereby cede, to the United States, all the land
which they own on the east side of the Mississippi river,
including all the country where they at present live and occupy.
Article II.
The United States agree to have the whole country thus ceded,
surveyed, as soon as it can be conveniently done, in the same
manner that the public lands of the United States are surveyed
in the States of Mississippi and Alabama, and as soon thereafter
as may be practicable, to have the same prepared for sale.
The President of the United States will then offer the land
for sale at public auction, in the same manner and on the
same terms and conditions as the other public lands, and such
of the land as may not sell at the public sales shall be offered
at private sale, in the same manner that other private sales
are made of the United States lands.
Article III.
As a full compensation to the Chickasaw nation, for the
country thus ceded, the United States agree to pay over to
the Chickasaw nation, all the money arising from the sale
of the land which may be received from time to time, after
deducting therefrom the whole cost and expenses of surveying
and selling the land, including every expense attending the
same.
Article IV.
The President being determined that the Chickasaw people
shall not deprive themselves of a comfortable home, in the
country where they now are, until they shall have provided
a country in the west to remove to, and settle on, with fair
prospects of future comfort and happiness--It is therefore
agreed to, by the Chickasaw nation, that they will endeavor
as soon as it may be in their power, after the ratification
of this treaty, to hunt out and procure a home for their people,
west of the Mississippi river, suited to their wants and condition;
and they will continue to do so during the progress of the
survey of their present country, as is provided for in the
second article of this treaty. But should they fail to procure
such a country to remove to and settle on, previous to the
first public sale of their country here then and in that event,
they are to select out of the surveys, a comfortable settlement
for every family in the Chickasaw nation, to include their
present improvements, if the land is good for cultivation,
and if not they may take it in any other place in the nation,
which is unoccupied by any other person. Such settlement must
be taken by sections. And there shall be allotted to each
family as follows (to wit): To a single man who is twenty-one
years of age, one section--to each family of five and under
that number two sections--to each family of six and not exceeding
ten, three sections, and to each family over ten in number,
four sections--and to families who own slaves, there shall
be allowed, one section to those who own ten or upwards and
such as own under ten, there shall be allowed half a section.
If any person shall now occupy two places and wish to retain
both, they may do so, by taking a part at one place, and a
part at the other, and where two or more persons are now living
on the same section, the oldest occupant will be entitled
to remain, and the others must move off to some other place
if so required by the oldest occupant. All of which tracts
of land, so selected and retained, shall be held, and occupied
by the Chickasaw people, uninterrupted until they shall find
and obtain a country suited to their wants and condition.
And the United States will guaranty to the Chickasaw nation,
the quiet possession and uninterrupted use of the said reserved
tracts of land, so long as they may live on and occupy the
same. And when they shall determine to remove from said tracts
of land, the Chickasaw nation will notify the President of
the United States of their determination to remove, and thereupon
as soon as the Chickasaw people shall remove, the President
will proclaim the said reserved tracts of land for sale at
public auction and at private sale, on the same terms and
conditions, as is provided for in the second article of this
treaty, to sell the same, and the net proceeds thereof, to
be paid to the Chickasaw nation, as is provided for in the
third article of this treaty.
Article V.
If any of the Chickasaw families shall have made valuable
improvements on the places where they lived and removed from,
on the reservation tracts, the same shall be valued by some
discreet person to be appointed by the President, who shall
assess the real cash value of all such improvements, and also
the real cash value of all the land within their improvements,
which they may have cleared and actually cultivated, at least
one year in good farming order and condition. And such valuation
of the improvements and the value of the cultivated lands
as before mentioned, shall be paid to the person who shall
have made the same. To be paid out of the proceeds of the
sales of the ceded lands. The person who shall value such
land and improvements, shall give to the owner thereof, a
certificate of the valuation, which shall be a good voucher
for them to draw the money on, from the proper person, who
shall be appointed to pay the same, and the money shall be
paid, as soon as may be convenient, after the valuation, to
enable the owner thereof to provide for their families on
their journey to their new homes. The provisions of this article
are intended to encourage industry and to enable the Chickasaws
to move comfortably. But least the good intended may be abused,
by designing persons, by hiring hands and clearing more land,
than they otherwise would do for the benefit of their families--It
is determined that no payment shall be made for improved lands,
over and above one-eighth part of the tract allowed and reserved
for such person to live on and occupy.
Article VI.
The Chickasaw nation cannot receive any part of the payment
for their land until it shall be surveyed and sold; therefore,
in order to the greater facilitate, in surveying and preparing
the land for sale, and for keeping the business of the nation
separate and apart from the business and accounts of the United
States, it is proposed by the Chickasaws, and agreed to, that
a Surveyor General be appointed by the President, by and with
the advice and consent of the Senate, to superintend alone
the surveying of this ceded country or so much thereof as
the President may direct, who shall appoint a sufficient number
of deputy surveyors, as may be necessary to complete the survey,
in as short a time as may be reasonable and expedient. That
the said Surveyor General be allowed one good clerk, and one
good draftsman to aid and assist him in the business of his
office, in preparing the lands for sale. It is also agreed
that one land office be established for the sale of the lands,
to have one Register and one Receiver of monies, to be appointed
by the President, by and with the advice and consent of the
senate, and each Register and Receiver to have one good clerk
to aid and assist them in the duties of their office. The
Surveyor's office, and the office of the Register and Receiver
of money, shall be kept somewhere central in the nation, at
such place as the President of the United States may direct.
As the before mentioned officers, and clerks, are to be employed
entirely in business of the nation, appertaining to preparing
and selling the land, they will of course be paid out of the
proceeds of the sales of the ceded lands. That the Chickasaws,
may now understand as near as may be, the expenses that will
be incurred in the transacting of this business--It is proposed
and agreed to, that the salary of the Surveyor General be
fifteen hundred dollars a year, and that the Register and
Receiver of monies, be allowed twelve hundred dollars a year
each, as a full compensation for their services, and all expenses,
except stationary and postages on their official business,
and that each of the clerks and draftsman be allowed seven
hundred and fifty dollars a year, for their services and all
expenses.
Article VII.
It is expressly agreed that the United States shall not
grant any right of preference, to any person, or right of
occupancy in any manner whatsoever, but in all cases, of either
public or private sale, they are to sell the land to the highest
bidder, and also that none of the lands be sold in smaller
tracts than quarter sections or fractional sections of the
same size as near as may be, until the Chickasaw nation may
require the President to sell in smaller tracts. The Chiefs
of the nation have heard that at some of the sales of the
United States lands, the people there present, entered into
combinations, and united in purchasing much of the land, at
reduced prices, for their own benefit, to the great prejudice
of the Government, and they express fears, that attempts will
be made to cheat them, in the same manner when their lands
shall be offered at public auction. It is therefore agreed
that the President will use his best endeavors to prevent
such combinations, or any other plan or state of things which
may tend to prevent the land selling for its full value.
Article VIII.
As the Chickasaws have determined to sell their country,
it is desirable that the nation realize the greatest possible
sum for their lands, which can be obtained. It is therefore
proposed and agreed to that after the President shall have
offered their lands for sale and shall have sold all that
will sell for the Government price, then the price shall be
reduced, so as to induce purchasers to buy, who would not
take the land at the Government minimum price;--and it is
believed, that five years from and after the date of the first
sale, will dispose of all the lands, that will sell at the
Government price. If then at the expiration of five years,
as before mentioned, the Chickasaw nation may request the
President to sell at such reduced price as the nation may
then propose, it shall be the duty of the President to comply
with their request, by first offering it at public and afterwards
at private sale, as in all other cases of selling public lands.
Article IX.
The Chickasaw nation express their ignorance, and incapacity
to live, and be happy under the State laws, they cannot read
and understand them, and therefore they will always need a
friend to advise and direct them. And fearing at some day
the Government of the United States may withdraw from them,
the agent under whose instructions they have lived so long
and happy--They therefore request that the agent may be continued
with them, while here, and wherever they may remove to and
settle. It is the earnest wish of the United States Government
to see the Chickasaw nation prosper and be happy, and so far
as is consistent they will contribute all in their power to
render them so--therefore their request is granted. There
shall be an agent kept with the Chickasaws as heretofore,
so long as they live within the jurisdiction of the United
States as a nation, either within the limits of the States
where they now reside, or at any other place. And whenever
the office of agent shall be vacant, and an agent to be appointed,
the President will pay due respect to the wishes of the nation
in selecting a man in all respects qualified to discharge
the responsible duties of that office.
Article X.
Whenever the Chickasaw nation shall determine to remove
from, and leave their present country, they will give the
President of the United States timely notice of such intention,
and the President will furnish them the necessary funds, and
means for their transportation and journey, and for one years
provisions, after they reach their new homes, in such quantity
as the nation may require, and the full amount of such funds,
transportation and provisions, is to be paid for, out of the
proceeds of the sales of the ceded lands. And should the Chickasaw
nation remove, from their present country, before they receive
money, from the sale of the lands, hereby ceded; then and
in that case, the United States shall furnish them any reasonable
sum of money for national purposes, which may be deemed proper
by the President of the United States, which sum shall also
be refunded out of the sales of the ceded lands.
Article XI.
The Chickasaw nation have determined to create a perpetual
fund, for the use of the nation forever, out of the proceeds
of the country now ceded away. And for that purpose they propose
to invest a large proportion of the money arising from the
sale of the land, in some safe and valuable stocks which will
bring them in an annual interest or dividend, to be used for
all national purposes, leaving the principal untouched, intending
to use the interest alone. It is therefore proposed by the
Chickasaws, and agreed to, that the sum to be laid out in
stocks as above mentioned, shall be left with the government
of the United States, until it can be laid out under the direction
of the President of the United States, by and with the advice
and consent of the Senate, in such safe and valuable stock
as he may approve of, for the use and benefit of the Chickasaw
nation. The sum thus to be invested, shall be equal to, at
least three-fourths of the whole net proceeds of the sales
of the lands; and as much more, as the nation may determine,
if there shall be a surplus after supplying all the national
wants. But it is hereby provided, that if the reasonable wants
of the nation shall require more than one fourth of the proceeds
of the sales of the land, then they may, by the consent of
the President and Senate, draw from the government such sum
as may be thought reasonable, for valuable national purposes,
out of the three-fourths reserved to be laid out in stocks.
But if any of the monies shall be thus drawn out of the sum
first proposed, to be laid out on interest, the sum shall
be replaced, out of the first monies of the nation, which
may come into the possession of the United States government,
from the sale of the ceded lands, over and above the reasonable
wants of the nation. At the expiration of fifty years from
this date, if the Chickasaw nation shall have improved in
education and civilization, and become so enlightened, as
to be capable of managing so large a sum of money to advantage,
and with safety, for the benefit of the nation, and the President
of the United States, with the Senate, shall be satisfied
thereof, at that time, and shall give their consent thereto,
the Chickasaw nation may then withdraw the whole, or any part
of the fund now set apart, to be laid out in stocks, or at
interest, and dispose of the same, in any manner that they
may think proper at that time, for the use and benefit of
the whole nation; but no part of said fund shall ever be used
for any other purpose, than the benefit of the whole Chickasaw
nation. In order to facilitate the survey and sale of the
lands now ceded, and to raise the money therefrom as soon
as possible, for the foregoing purpose, the President of the
United States is authorized to commence the survey of the
land as soon as may be practicable, after the ratification
of this treaty.
Article XII.
The Chickasaws feel grateful to their old chiefs for their
long and faithful services, in attending to the business of
the nation. They believe it a duty, to keep them from want
in their old and declining age--with those feelings, they
have looked upon their old and beloved chief Tish-o-mingo,
who is now grown old, and is poor and not able to live, in
that comfort, which his valuable life and great merit deserve.
It is therefore determined to give him out of the national
funds, one hundred dollars a year during the balance of his
life, and the nation request him to receive it, as a token
of their kind feelings for him, on account of his long and
valuable services.
Our old and beloved Queen Puc-caun-la, is now very old and
very poor. Justice says the nation ought not to let her suffer
in her old age; it is therefore determined to give her out
of the national funds, fifty dollars a year during her life,
the money to be put in the hands of the agent to be laid out
for her support, under his direction, with the advice of the
chiefs.
Article XIII.
The boundary line between the lands of the Chickasaws and
Choctaws, has never been run, or properly defined, and as
the Choctaws have sold their country to the United States,
they now have no interest in the decision of that question.
It is therefore agreed to call on the old Choctaw chiefs,
to determine the line to be run, between the Chickasaws and
their former country. The Chickasaws, by a treaty made with
the United States at Franklin in Tennessee, in Aug. 31, 1830,
(a) declared their line to run as follows, to wit: Beginning
at the mouth of Oak tibby-haw and running up said stream to
a point, being a marked tree, on the old Natches road, one
mile.
(a) This treaty appears not to have been ratified. The original
is on file in the Indian Office (Box 1, Treaties, 1802-1853)
and a copy is found in the appendix, post p. 1035.
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 Mississippi river, about twenty-eight
miles by water below where the St. Francis river enter said
stream on the west side. It is now agreed, that the surveys
of the Choctaw country which are now in progress, shall not
cross the line until the true line shall be decided and determined;
which shall be done as follows, the agent of the Choctaws
on the west side of the Mississippi shall call on the old
and intelligent chiefs of that nation, and lay before them
the line as claimed by the Chickasaws at the Franklin treaty,
and if the Choctaws shall determine that line to be correct,
then it shall be established and made the permanent line,
but if the Choctaws say the line strikes the Mississippi river
higher up said stream, then the best evidence which can be
had from both nations, shall be taken by the agents of both
nations, and submitted to the President of the United States
for his decision, and on such evidence, the President will
determine the true line on principles of strict justice.
Article XIV.
As soon as the surveys are made, it shall be the duty of
the chiefs, with the advice and assistance of the agent to
cause a correct list to be made out of all and every tract
of land, which shall be reserved, for the use and benefit
of the Chickasaw people, for their residence, as is provided
for in the fourth article of this treaty, which list, will
designate the sections of land, which are set apart for each
family or individual in the nation, shewing the precise tracts
which shall belong to each and every one of them, which list
shall be returned to the register of the land office, and
he shall make a record of the same, in his office, to prevent
him from offering any of said tracts of land for sale, and
also as evidence of each person's lands. All the residue of
the lands will be offered by the President for sale.
Article XV.
The Chickasaws request that no persons be permitted to move
in and settle on their country before the land is sold. It
is therefore agreed, that no person, whatsoever, who is not
Chickasaw or connected with the Chickasaws by marriage, shall
be permitted to come into the country and settle on any part
of the ceded lands until they shall be offered for sale, and
then there shall not be any person permitted to settle on
any of the land, which has not been sold, at the time of such
settlement, and in all cases of a person settling on any of
the ceded lands contrary to this express understanding, they
will be intruders, and must be treated as such, and put off
of the lands of the nation.
In witness of all and every thing herein determined, between
the United States and the whole Chickasaw nation in general
council assembled, the parties have hereunto set their hands
and seals, at the council-house, on Pontitock creek, in the
Chickasaw nation, on the twentieth day of October, one thousand
eight hundred and thirty-two.
- John Coffee, [L. S.]
- Ish-te-ho-to-pa, [king,] his x mark, [L. S.]
- Tish-o-min-go, his x mark, [L. S.]
- Levi Colbert, his x mark, [L. S.]
- George Colbert, his x mark, [L. S.]
- William M'Gilvery, his x mark, [L. S.]
- Samuel Sely, his x mark, [L. S.]
- To-pul-kah, his x mark, [L. S.]
- Isaac Albertson, his x mark, [L. S.]
- Em-ub-by, his x mark, [L. S.]
- Pis-tah-lah-tubbe, his x mark, [L. S.]
- Ish-tim-o-lut-ka, his x mark, [L. S.]
- James Brown, his x mark, [L. S.]
- Im-mah-hoo-lo-tubbe, his x mark, [L. S.]
- Ish-ta-ha-chah, his x mark,[L. S.]
- Lah-fin-hubbe, his x mark, [L. S.]
- Shop-pow-me, his x mark, [L. S.]
- Nin-uck-ah-umba, his x mark, [L. S.]
- Im-mah-hoo-la-tubbe, his x mark, [L. S.]
- Illup-pah-umba, his x mark, [L. S.]
- Pitman Colbert, [L. S.]
- Con-mush-ka-ish-kah, his x mark, [L. S.]
- James Wolfe, [L. S.]
- Bah-ha-kah-tubbe, his x mark, [L. S.]
- E. Bah-kah-tubbe, his x mark, [L. S.]
- Captain Thompson, his x mark, [L. S.]
- New-berry, kis x mark, [L. S.]
- Bah-ma-hah-tubbe, his x mark, [L. S.]
- John Lewis, his x mark, [L. S.]
- I-yah-hou-tubbe, his x mark, [L. S.]
- Tok-holth-la-chah, his x mark, [L. S.]
- Oke-lah-nah-nubbe, his x mark, [L. S.]
- Im-me-tubbe, his x mark, [L. S.]
- In-kah-yea, his x mark, [L. S.]
- Ah-sha-cubbe, his x mark, [L. S.]
- Im-moh-ho-bah, his x mark, [L. S.]
- Fit-chah-pla, his x mark, [L. S.]
- Unte-mi-ah-tubbe, his x mark, [L. S.]
- Oke-lah-hin-lubbe, his x mark, [L. S.]
- John Glover, his x mark, [L. S.]
- Bah-me-hubbe, his x mark, [L. S.]
- Hush-tah-tah-ubbe, his x mark, [L. S.]
- Un-ti-ha-kah-tubbe, his x mark, [L. S.]
- Yum-mo-tubbe, his x mark, [L. S.]
- Oh-ha-cubbe, his x mark, [L. S.]
- Ah-fah-mah, his x mark, [L. S.]
- Ah-ta-kin-tubbe, his x mark, [L. S.]
- Ah-to-ko-wah, his x mark, [L. S.]
- Tah-ha-cubbe, his x mark, [L. S.]
- Kin-hoi-cha, his x mark, [L. S.]
- Ish-te-ah-tubbe, his x mark, [L. S.]
- Chick-ah-shah-nan-ubbe, his x mark, [L. S.]
- Che-wut-ta-ha, his x mark, [L. S.]
- Fo-lut-ta-chah, his x mark, [L. S.]
- No-wo-ko, his x mark, [L. S.]
- Win-in-a-pa, his x mark, [L. S.]
- Oke-lah-shah-cubbe, his x mark, [L. S.]
- Ish-ta-ki-yu-ka-tabbe, his x mark, [L. S.]
- Mah-te-ko-shubbe, his x mark, [L. S.]
- Tom-chick-ah, his x mark, [L. S.]
- Ei-o-che-tubbe, his x mark, [L. S.]
- Nuck-sho-pubbe, his x mark, [L. S.]
- Fah-lah-mo-tubbe, his x mark, [L. S.]
- Co-chub-be, his x mark, [L. S.]
- Thomas Sely, his x mark, [L. S.]
- Oke-lah-sha-pi-a, his x mark, [L. S.]
Signed and sealed in the presence of--
- Ben. Reynolds, Indian agent,
- John L. Allen, subagent,
- Nath. Anderson, secretary to the commissioner,
- Benj. Love, United States interpreter,
- Robert Gordon, Mississippi,
- George Wightman, of Mississippi,
- John Donley, Tennessee,
- D. S. Parrish, Tennessee,
- S. Daggett, Mississippi,
- Wm. A. Clurm,
- G. W. Long.
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