Treaty with The Chickasaw
June 22, 1852
Articles of a treaty concluded at Washington, on the 22nd
day of June, 1852, between Kenton Harper, commissioner on
the part of the United States, and Colonel Edmund Pickens,
Benjamin S. Love, and Sampson Folsom, commissioners duly appointed
for that purpose, by the Chickasaw tribe of Indians.
Article 1.
The Chickasaw tribe of Indians acknowledge themselves to
be under the guardianship of the United States, and as a means
of securing the protection guaranteed to them by former treaties,
it is agreed that an Agent of the United States shall continue
to reside among them.
Article 2.
That the expenses attending the sale of the land ceded by
the Chickasaws to the United States, under the treaty of 1832,
having, for some time past, exceeded the receipts, it is agreed
that the remnant of the lands so ceded and yet unsold, shall
be disposed of as soon as practicable, under the direction
of the President of the United States in such manner and in
such quantities, as, in his judgment, shall be least expensive
to the Chickasaws, and most conducive to their benefit: Provided,
That a tract of land, including the grave-yard near the town
of Pontotoc, where many of the Chickasaws and their white
friends are buried, and not exceeding four acres in quantity,
shall be, and is hereby set apart and conveyed to the said
town of Pontotoc to be held sacred for the purposes of a public
burial-ground forever.
Article 3.
It is hereby agreed that the question of the right of the
Chickasaws so long contended for by them, to a reservation
of four miles square on the River Sandy, in the State of Tennessee,
and particularly described in the 4th article of the treaty
concluded at Oldtown, on the 19th day of October, 1818, shall
be submitted to the Secretary of the Interior who shall decide,
what amount, if any thing, shall be paid to the Chickasaws
for said reservation: Provided, however, That the amount so
to be paid shall not exceed one dollar and twenty-five cents
per acre.
Article 4.
The Chickasaws allege that in the management and disbursement
of their funds by the government, they have been subjected
to losses and expenses which properly should be borne by the
United States. With the view, therefore, of doing full justice
in the premises, it is hereby agreed that there shall be,
at as early a day as practicable, an account stated, under
the direction of the Secretary of the Interior, exhibiting
in detail all the moneys which, from time to time, have been
placed in the Treasury to the credit of the Chickasaw nation,
resulting from the treaties of 1832, and 1834, and all the
disbursements made therefrom. And said account as stated,
shall be submitted to the Chickasaws, who shall have the privilege,
within a reasonable time, of filing exceptions thereto, and
any exceptions so filed shall be referred to the Secretary
of the Interior, who shall adjudicate the same according to
the principles of law and equity, and his decisions shall
be final and conclusive on all concerned.
It is also alleged by the Chickasaws that there are numerous
cases in which moneys held in trust by the United States for
the benefit of orphans and incompetent Chickasaws, have been
wrongfully paid out to persons having no right to receive
the same. It is therefore further agreed, that all such cases
shall be investigated by the Agent of the United States under
the direction of the Secretary of the Interior. And if it
shall appear to the satisfaction of said Secretary, that any
of the orphans and incompetents have been defrauded by such
wrongful payments, the amount thus misapplied shall be accounted
for by the United States, as if no such payment had been made:
Provided, That the provisions of this article shall not be
so construed as to impose any obligations on the United States
to reimburse any expenditures heretofore made in conformity
with the stipulations contained in the treaties of 1832 and
1834: And provided further, That the United States shall not
be liable to repay moneys held in trust for the benefit of
orphans and incompetent Chickasaws, in any case in which payment
of such moneys has been made upon the recommendation or certificate
of the persons appointed for that purpose in the Fourth Article
of the Treaty of 1834, or of their successors, and in other
respects in conformity with the provisions of that article:
And provided further, That the United States shall not be
held responsible for any reservation of land or of any sale,
lease, or other disposition of the same, made, sold, leased,
or otherwise disposed of, in conformity with the several provisions
of said treaties of 1832 and 1834.
Article 5.
The Chickasaws are desirous that the whole amount of their
national fund shall remain with the United States, in trust
for the benefit of their people, and that the same shall on
no account be diminished. It is, therefore, agreed that the
United States shall continue to hold said fund, in trust as
aforesaid, and shall constantly keep the same invested in
safe and profitable stocks, the interest upon which shall
be annually paid to the Chickasaw nation: Provided, That so
much of said funds as the Chickasaws may require for the purpose
of enabling them to effect the permanent settlement of their
tribe as contemplated by the treaty of 1834, shall be subject
to the control of their General Council.
Article 6.
The powers and duties conferred on certain persons particularly
mentioned in the 4th article of the treaty of 1834, and their
successors in office, shall hereafter be vested in and performed
by the General Council of the Chickasaws, or such officers
as may be by said council appointed for that purpose; and
no certificate or deed given or executed by the persons aforesaid,
from which the approval of the President of the United States
has once been withheld, shall be hereafter approved unless
the same shall first receive the sanction of the Chickasaw
Council, or the officers appointed as aforesaid, and of the
agent of the United States for said Chickasaw nation.
Article 7.
No claim or account shall hereafter be paid by the Government
of the United States out of the Chickasaw fund; unless the
same shall have first been considered and allowed by the Chickasaw
General Council: Provided, however, That this clause shall
not effect payment upon claims existing contracts made by
authority of the Chickasaw General Council, or interfere with
the due administration of the acts of Congress regulating
trade and intercourse with the Indian tribes.
Article 8.
It is further agreed, that regular semiannual accounts of
the receipts and disbursements of the Chickasaw fund shall
be furnished the Chickasaw Council by the Government of the
United States.
Article 9.
The sum of fifteen hundred dollars shall be paid the Chickasaw
nation, in full of expenses incurred by their commissioners
in negotiating this treaty.
Article 10.
And it is further stipulated, That in no case hereafter,
shall any money due or to be paid under this treaty or any
former treaty between the same contracting parties be paid
to any agent or attorney; but shall in all cases be paid directly
to the party or parties primarily entitled thereto.
In witness whereof the contracting parties have hereto set
their hands and seals, the day and year above written.
- Kenton Harper, Commissioner for the United States. [SEAL.]
- Edmund Pickens, his x mark, [SEAL.]
- Benjamin S. Love, [SEAL.]
- Sampson Folsom, [SEAL.]
- Commissioners for the Chickasaws.
In presence of--
- Charles E. Mix, chief clerk, Office Indian Affairs
- L. R. Smoot,
- T. R. Cruttenden,
- H. Miller,
- Aaron V. Brown, interpreter.
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Native American Legends A-B