Treaty with The Chocktaw
January 17, 1837
Articles of convention and agreement made on the seventeenth
day of January, 1837, between the undersigned chiefs and commissioners
duly appointed and empowered by the Choctaw tribe of red people,
and John McLish, Pitman Colbert, James Brown, and James Perry,
delegates of the Chickasaw tribe of Indians, duly authorized
by the chiefs and head-men of said people for that purpose,
at Doaksville, near Fort Towson, in the Choctaw country.
Article 1.
It is agreed by the Choctaws that the Chickasaws shall have
the privilege of forming a district within the limits of their
country, to be held on the same terms that the Choctaws now
hold it, except the right of disposing of it, (which is held
in common with the Choctaws and Chickasaws) to be called the
Chickasaw district of the Choctaw Nation; to have an equal
representation in their general council, and to be placed
on an equal footing in every other respect with any of the
other districts of said nation, except a voice in the management
of the consideration which is given for these rights and privileges;
and the Chickasaw people to be entitled to all the rights
and privileges of Choctaws, with the exception of participating
in the Choctaw annuities and the consideration to be paid
for these rights and privileges, and to be subject to the
same laws to which the Choctaws are; but the Chickasaws reserve
to themselves the sole right and privilege of controlling
and managing the residue of their funds as far as is consistent
with the late treaty between the said people and the Government
of the United States, and of making such regulations and electing
such officers for that purpose as they may think proper.
Article 2.
The Chickasaw district shall be bounded as follows, viz:
beginning on the north bank of Red River, at the mouth of
Island Bayou, about eight or ten miles below the mouth of
False Wachitta; thence running north along the main channel
of said bayou to its source; thence along the dividing ridge
between the Wachitta and Low Blue Rivers to the road leading
from Fort Gibson to Fort Wachitta; thence along said road
to the line dividing Musha-la-tubbee and Push-metahaw districts;
thence eastwardly along said district line to the source of
Brushy Creek; thence down said creek to where it flows into
the Canadian River, ten or twelve miles above the mouth of
the south fork of the Canadian; thence west along the main
Canadian River to its source, if in the limits of the United
States, or to those limits; and thence due south to Red River,
and down Red River to the beginning.
Article 3.
The Chickasaws agree to pay the Choctaws, as a consideration
for these rights and privileges, the sum of five hundred and
thirty thousand dollars-thirty thousand of which shall be
paid at the time and in the manner that the Choctaw annuity
of 1837 is paid, and the remaining five hundred thousand dollars
to be invested in some safe and secure stocks, under the direction
of the Government of the United States, redeemable within
a period of not less than twenty years-and the Government
of the United States shall cause the interest arising therefrom
to be paid annually to the Choctaws in the following manner:
twenty thousand dollars of which to be paid as the present
Choctaw annuity is paid, for four years, and the residue to
be subject to the control of the general council of the Choctaws;
and after the expiration of the four years the whole of said
interest to be subject to the entire control of the said council.
Article 4.
To provide for the future adjustment of all complaints or
dissatisfaction which may arise to interrupt the peace and
harmony which have so long and so happily existed between
the Choctaws and Chickasaws, it is hereby agreed by the parties
that all questions relative to the construction of this agreement
shall be referred to the Choctaw agent to be by him decided;
reserving, however, to either party, should it feel itself
aggrieved thereby, the rights of appealing to the President
of the United States, whose decision shall be final and binding.
But as considerable time might elapse before the decision
of the President could be had in the meantime the decision
of the said agent shall be binding.
Article 5.
It is hereby declared to be the intention of the parties
hereto, that equal rights and privileges shall pertain to
both Choctaws and Chickasaws to settle in whatever district
they may think proper, and to be eligible to all the different
offices of the Choctaw Nation, and to vote on the same terms
in whatever district they may settle, except that the Choctaws
are not to vote in anywise for officers in relation to the
residue of the Chickasaw fund.
In testimony whereof, the parties hereto have hereunto subscribed
their names and affixed their seals, at Doaksville, near fort
Towson in the Choctaw country, on the day and year first above
written.
In the presence of--
- Wm. Armstrong, Acting Superintendent Western Territory,
- Henry R. Carter, Conductor of the Chickasaw Delegation
- Josiah S. Doak,
- Vincent B. Tims,
- Daniel McCurtain, United States Interpreter,
- P. J. Humphreys,
- J. T. Sprague, Lieutenant U. S. Marine Corps,
- Thomas Lafloor, his x mark, Chief of Oaklafalaya district,
- Nituchachue, his x mark, Chief of Pushmatahaw district,
- Joseph Kincaid, his x mark, Chief of Mushalatubbee district.
Commissioners of the Choctaw Nation:
- P. P. Pitchlynn, [L. S.]
- George W. Haskins, [L. S.]
- Israel Folsom, [L. S.]
- R. M. Jones, [L. S.]
- Silas D. Fisher, [L. S.]
- Samuel Wowster, [L. S.]
- John McKenney, his x mark,
- Eyachahofaa, his x mark,
- Nathaniel Folsom, his x mark,
- Lewis Breashears, his x mark,
- James Fletcher, his x mark,
- George Pusley, his x mark,
Captains:
- Oak-chi-a, his x mark,
- Thomas Hays, his x mark,
- Pis-tam-bee, his x mark,
- Ho-lah-ta-ho-ma, his x mark,
- E-yo-tah, his x mark,
- Isaac Perry, his x mark,
- No-wah-ham-bee, his x mark.
Chickasaw delegation:
- J. McLish,
- Pitman Colbert,
- James Brown, his x mark,
- James Perry, his x mark.
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Legends A-B