INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, = Treaties

From: Subject: INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties Date: Thu, 16 Jul 2009 09:01:04 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_003E_01CA05F3.F2D1ADA0" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_003E_01CA05F3.F2D1ADA0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://digital.library.okstate.edu/kappler/Vol2/treaties/cho0310.htm =EF=BB=BF INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, = Treaties

INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties

Compiled and edited by Charles J. Kappler. Washington : Government = Printing=20 Office, 1904.

Home | = Disclaimer & = Usage=20 | Table = of=20 Contents | Index=

TREATY WITH THE CHOCTAW, 1830.
Sept. 27, 1830. | 7 Stat., 333. | Proclamation, Feb. = 24,=20 1831.

Page Images: 310 | 311 | 312 | 313 | 314 | 315 | 316 | 317 | 318 | 319

Margin Notes
Peace=20 and friendship.
Country=20 to be conveyed to Choctaws.
Country=20 ceded to United States.
Self-government=20 secured to Choctaws.
United=20 States to protect Choctaws, etc,
Offenses=20 against citizens of United States, etc.
Offenses=20 against Choctaws.
Delivery=20 of offenders.
Persons=20 ordered from the nation, etc.
Traders=20 to require a written permit.
Navigable=20 streams, post-offices, and military posts.
Intruders.
Theft.
Agent.
Choctaws=20 wishing to become citizens of United States.
Reservations=20 for chiefs.
Annuities.
Pay=20 of chiefs, etc
Removal=20 of Indians.
Cattle.
Annuities=20 under former treaties.
Further=20 annuity.
Survey=20 of ceded lands, etc.
Reservations=20 of land for=E2=80=94
Certain=20 individuals.
Heads=20 of families.
Captains.
Orphans.
Stipulation=20 by United States for the benefit of the Choctaws.
Annuity=20 to certain old warriors.
Delegate=20 to Congress.
Supplementary=20 Articles
Reservations.
Exploring=20 party.
Reservation.
Debts=20 to Glover and Gaines.
Reservation.

Page=20 310

A treaty of perpetual, friendship, cession and limits, entered = into by=20 John H. Eaton and John Coffee, for and in behalf of the Government of = the United=20 States, and the Mingoes, Chiefs, Captains and Warriors of the Choctaw = Nation,=20 begun and held at Dancing Rabbit Creek, on the fifteenth of September, = in the=20 year eighteen hundred and thirty.

WHEREAS the General Assembly of the State of Mississippi has extended = the=20 laws of said State to persons and property within the chartered limits = of the=20 same, and the President of the United States has said that he cannot = protect the=20 Choctaw people from the operation

Page=20 311

of these laws; Now therefore that the Choctaw may live under their = own laws=20 in peace with the United States and the State of Mississippi they have=20 determined to sell their lands east of the Mississippi and have = accordingly=20 agreed to the following articles of treaty: ^a=20

ARTICLE I.

Perpetual peace and friendship is pledged and = agreed upon by=20 and between the United States and the Mingoes, Chiefs, and Warriors of = the=20 Choctaw Nation of Red People; and that this may be considered the Treaty = existing between the parties all other Treaties heretofore existing and=20 inconsistent with the provisions of this are hereby declared null and = void.

ARTICLE II.

The United States under a grant specially to be = made by the=20 President of the U.S. shall cause to be conveyed to the Choctaw Nation a = tract=20 of country west of the Mississippi River, in fee simple to them and = their=20 descendants, to inure to them while they shall exist as a nation and = live on it,=20 beginning near Fort Smith where the Arkansas boundary crosses the = Arkansas=20 River, running thence to the source of the Canadian fork; if in the = limits of=20 the United States, or to those limits; thence due south to Red River, = and down=20 Red River to the west boundary of the Territory of Arkansas; thence = north along=20 that line to the beginning. The boundary of the same to be agreeably to = the=20 Treaty made and concluded at Washington City in the year 1825. The grant = to be=20 executed so soon as the present Treaty shall be ratified.

ARTICLE III.

In consideration of the provisions contained in the = several=20 articles of this Treaty, the Choctaw nation of Indians consent and = hereby cede=20 to the United States, the entire country they own and possess, east of = the=20 Mississippi River; and they agree to move beyond the Mississippi River, = early as=20 practicable, and will so arrange their removal, that as many as possible = of=20 their people not exceeding one half of the whole number, shall depart = during the=20 falls of 1831 and 1832; the residue to follow during the succeeding fall = of=20 1833, a better opportunity in this manner will be afforded the = Government, to=20 extend to them the facilities and comforts which it is desirable should = be=20 extended in conveying them to their new homes.

ARTICLE IV.

The Government and people of the United States are = hereby=20 obliged to secure to the said Choctaw Nation of Red People the = jurisdiction and=20 government of all the persons and property that may be within their = limits west,=20 so that no Territory or state shall ever have a right to pass laws for = the=20 government of the Choctaw Nation of Red People and their descendants; = and that=20 no part of the land granted them shall ever be embraced in any Territory = or=20 State; but the F. S. shall forever secure said Choctaw Nation from, and = against,=20 all laws except such as from time to time may be enacted in their own = National=20 Councils, not inconsistent with the Constitution, Treaties, and Laws of = the=20 United States; and except such as may, and which have been enacted by = Congress,=20 to the extent that Congress under the Constitution are required to = exercise a=20 legislation over Indian affairs. But the Choctaws, should this treaty be = ratified, express a wish that Congress may grant to the Choctaws the = right of=20 punishing by their own laws any white man who shall come into their = nation and=20 infringe any of their national regulations.

ARTICLE V.

The United States are obliged to protect the = Choctaws from=20 domestic strife and from foreign enemies on the same principles that the = citizens of the United States are protected, so that whatever would be a = legal=20 demand upon the U.S. for defense or for wrongs committed by an enemy, on = a=20 citizen of the U.S. shall be equally binding in favor of the Choctaws, = and in=20 all cases where the Choctaws shall be called upon by a legally = authorized=20 officer of the U.S. to fight an enemy, such Choctaw shall receive the = pay and=20 other emoluments,

^athis paragraph was not=20 ratified.

Page=20 312

which citizens of the U.S. receive in such cases, provided, no war = shall be=20 undertaken or prosecuted by said Choctaw Nation but by declaration made = in full=20 Council, and to be approved by the U.S. unless it be in self defense = against an=20 open rebellion or against an enemy marching into their country, in which = cases=20 they shall defend, until the U.S. are advised thereof.

ARTICLE VI.

Should a Choctaw or any party of Choctaws commit = acts of=20 violence upon the person or property of a citizen of the U.S. or join = any war=20 party against any neighbouring tribe of Indians, without the authority = in the=20 preceding article; and except to oppose an actual or threatened invasion = or=20 rebellion, such person so offending shall be delivered up to an officer = of the=20 U.S. if in the power of the Choctaw Nation, that such offender may be = punished=20 as may be provided in such cases, by the laws of the U.S.; but if such = offender=20 is not within the control of the Choctaw Nation, then said Choctaw = Nation shall=20 not be held responsible for the injury done by said offender.

ARTICLE VII.

All acts of violence committed upon persons and = property of=20 the people of the Choctaw Nation either by citizens of the U.S. or = neighbouring=20 Tribes of Red People, shall be referred to some authorized Agent by him = to be=20 referred to the President of the U.S. who shall examine into such cases = and see=20 that every possible degree of justice is done to said Indian party of = the=20 Choctaw Nation.

ARTICLE VIII.

Offenders against the laws of the U.S. or any = individual=20 State shall be apprehended and delivered to any duly authorized person = where=20 such offender may be found in the Choctaw country, having fled from any = part of=20 U.S. but in all such cases application must be made to the Agent or = Chiefs and=20 the expense of his apprehension and delivery provided for and paid by = the U.=20 States.

ARTICLE IX.

Any citizen of the U.S. who may be ordered from the = Nation by=20 the Agent and constituted authorities of the Nation and refusing to obey = or=20 return into the Nation without the consent of the aforesaid persons, = shall be=20 subject to such pains and penalties as may be provided by the laws of = the U.S.=20 in such cases. Citizens of the U.S. traveling peaceably under the = authority of=20 the laws of the U.S. shall be under the care and protection of the = nation.

ARTICLE X.

No person shall expose goods or other article for = sale as a=20 trader, without a written permit from the constituted authorities of the = Nation,=20 or authority of the laws of the Congress of the U.S. under penalty of = forfeiting=20 the Articles, and the constituted authorities of the Nation shall grant = no=20 license except to such persons as reside in the Nation and are = answerable to the=20 laws of the Nation. The U.S. shall be particularly obliged to assist to = prevent=20 ardent spirits from being introduced into the Nation.

ARTICLE XI.

Navigable streams shall be free to the Choctaws = who shall=20 pay no higher toll or duty than citizens of the U.S. It is agreed = further that=20 the U.S. shall establish one or more Post Offices in said Nation, and = may=20 establish such military post roads, and posts, as they may consider = necessary.=20

ARTICLE XII.

All intruders shall be removed from the Choctaw = Nation and=20 kept without it. Private property to be always respected and on no = occasion=20 taken for public purposes without just compensation being made therefor = to the=20 rightful owner. If an Indian unlawfully take or steal = any=20 property from a white man a citizen of the U.S. the offender shall be = punished.=20 And if a white man unlawfully take or steal any thing from an Indian, = the=20 property shall be restored and the offender punished. It is further = agreed that=20 when a Choctaw shall be given up to be tried for any offense against the = laws of=20 the U.S. if unable to employ counsel to defend him, the U.S. will do it, = that=20 his trial may be fair and impartial.

ARTICLE XIII.

It is consented that a qualified Agent shall be = appointed=20 for the Choctaws every four years, unless sooner removed

Page=20 313

by the President; and he shall be removed on petition of the = constituted=20 authorities of the Nation, the President being satisfied there is = sufficient=20 cause shown. The Agent shall fix his residence convenient to the great = body of=20 the people; and in the selection of an Agent immediately after the = ratification=20 of this Treaty, the wishes of the Choctaw Nation on the subject shall be = entitled to great respect.

ARTICLE XIV.

Each Choctaw head of a family being desirous to = remain and=20 become a citizen of the States, shall be permitted to do so, by = signifying his=20 intention to the Agent within six months from the ratification of this = Treaty,=20 and he or she shall thereupon be entitled to a reservation of one = section of six=20 hundred and forty acres of land, to be bounded by sectional lines of = survey; in=20 like manner shall be entitled to one half that quantity for each = unmarried child=20 which is living with him over ten years of age; and a quarter section to = such=20 child as may be under 10 years of age, to adjoin the location of the = parent. If=20 they reside upon said lands intending to become citizens of the States = for five=20 years after the ratification of this Treaty, in that case a grant in fee = simple=20 shall issue; said reservation shall include the present improvement of = the head=20 of the family, or a portion of it. Persons who claim under this article = shall=20 not lose the privilege of a Choctaw citizen, but if they ever remove are = not to=20 be entitled to any portion of the Choctaw annuity.

ARTICLE XV.

To each of the Chiefs in the Choctaw Nation (to = wit)=20 Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a = reservation=20 of four sections of land, two of which shall include and adjoin their = present=20 improvement, and the other two located where they please but on = unoccupied=20 unimproved lands, such sections shall be bounded by sectional lines, and = with=20 the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors in office = there=20 shall be paid two hundred and fifty dollars annually while they shall = continue=20 in their respective offices, except to Mushulatubbe, who as he has an = annuity of=20 one hundred and fifty dollars for life under a former treaty, shall = receive only=20 the additional sum of one hundred dollars, while he shall continue in = office as=20 Chief; and if in addition to this the Nation shall think proper to elect = an=20 additional principal Chief of the whole to superintend and govern upon=20 republican principles he shall receive annually for = his=20 services five hundred dollars, which allowance to the Chiefs and their=20 successors in office, shall continue for twenty years. At any time when = in=20 military service, and while in service by authority of the U.S. the = district=20 Chiefs under and by selection of the President shall be entitled to the = pay of=20 Majors; the other Chief under the same circumstances shall have the pay = of a=20 Lieutenant Colonel. The Speakers of the three districts, shall receive=20 twenty-five dollars a year for four years each; and the three = secretaries one to=20 each of the Chiefs, fifty dollars each for four years. Each Captain of = the=20 Nation, the number not to exceed ninety-nine, thirty-three from each = district,=20 shall be furnished upon removing to the West, with each a good suit of = clothes=20 and a broad sword as an outfit, and for four years commencing with the = first of=20 their removal shall each receive fifty dollars a year, for the trouble = of=20 keeping their people at order in settling; and whenever they shall be in = military service by authority of the U.S. shall receive the pay of a = captain.=20

ARTICLE XVI.

In wagons; and with steam boats as may be found=20 necessary=E2=80=94the U.S. agree to remove the Indians to their new = homes at their=20 expense and under the care of discreet and careful persons, who will be = kind and=20 brotherly to them. They agree to furnish them with ample corn and beef, = or pork=20 for themselves and families for twelve months after reaching their new = homes. It is agreed further that the U.S. will take all their = cattle, at=20 the valuation of some discreet person to be appointed by the President, = and the=20 same shall be paid for in money after their arrival at their

Page=20 314

new homes; or other cattle such as may be desired shall be furnished = them,=20 notice being given through their Agent of their wishes upon this subject = before=20 their removal that time to supply the demand may be afforded.

ARTICLE XVII.

The several annuities and sums secured under = former Treaties=20 to the Choctaw nation and people shall continue as though this Treaty = had never=20 been made.

And it is further agreed that the U.S. in addition = will pay=20 the sum of twenty thousand dollars for twenty years, commencing after = their=20 removal to the west, of which, in the first year after their removal, = ten=20 thousand dollars shall be divided and arranged to such as may not = receive=20 reservations under this Treaty.

ARTICLE XVIII.

The U.S. shall cause the lands hereby ceded to be = surveyed;=20 and surveyors may enter the Choctaw Country for that purpose, conducting = themselves properly and disturbing or interrupting none of the Choctaw = people.=20 But no person is to be permitted to settle within the nation, or the = lands to be=20 sold before the Choctaws shall remove. And for the payment of the = several=20 amounts secured in this Treaty, the lands hereby ceded are to remain a = fund=20 pledged to that purpose, until the debt shall be provided for and = arranged. And=20 further it is agreed, that in the construction of this Treaty wherever = well=20 founded doubt shall arise, it shall be construed most favorably towards = the=20 Choctaws.

ARTICLE XIX.

The following reservations of land are hereby = admitted. To=20 Colonel David Fulsom four sections of which two shall include his = present=20 improvement, and two may be located elsewhere, on unoccupied, unimproved = land.=20

To I. Garland, Colonel Robert Cole, Tuppanahomer, = John=20 Pytchlynn, Charles Juzan, Johokebetubbe, Eaychahobia, Ofehoma, two = sections,=20 each to include their improvements, and to be bounded by sectional = lines, and=20 the same may be disposed of and sold with the consent of the President. = And that=20 others not provided for, may be provided for, there shall be reserved as = follows:

First. One section to each head of a family not = exceeding=20 Forty in number, who during the present year, may have had in actual=20 cultivation, with a dwelling house thereon fifty acres or more. = Secondly, three=20 quarter sections after the manner aforesaid to each head of a family not = exceeding four hundred and sixty, as shall have cultivated thirty acres = and less=20 than fifty, to be bounded by quarter section lines of survey, and to be=20 contiguous and adjoining.

Third; One half section as aforesaid to those who shall have = cultivated from=20 twenty to thirty acres the number not to exceed four hundred. Fourth; a = quarter=20 section as aforesaid to such as shall have cultivated from twelve to = twenty=20 acres, the number not to exceed three hundred and fifty, and one half = that=20 quantity to such as shall have cultivated from two to twelve acres, the = number=20 also not to exceed three hundred and fifty persons. Each of said class = of cases=20 shall be subject to the limitations contained in the first class, and = shall be=20 so located as to include that part of the improvement which contains the = dwelling house. If a greater number shall be found to be entitled to=20 reservations under the several classes of this article, than is = stipulated for=20 under the limitation prescribed, then and in that case the Chiefs = separately or=20 together shall determine the persons who shall be excluded in the = respective=20 districts.

Fifth; Any Captain the number not exceeding ninety = persons,=20 who under the provisions of this article shall receive less than a = section, he=20 shall be entitled, to an additional quantity of half a section adjoining = to his=20 other reservation. The several reservations secured under this article, = may be=20 sold with the consent of the President of the U.S. but should any prefer = it or=20 omit to take a reservation for the quantity

Page=20 315

he may be entitled to, the U.S. will on his removing pay fifty cents = an acre,=20 after reaching their new homes, provided that before the first of = January next=20 they shall adduce to the Agent, or some other authorized person to be = appointed,=20 proof of his claim and the quantity of it. Sixth; = likewise=20 children of the Choctaw Nation residing in the Nation, who have neither = father=20 nor mother a list of which, with satisfactory proof of Parentage and = orphanage=20 being filed with Agent in six months to be forwarded to the War = Department,=20 shall be entitled to a quarter section of Land, to be located under the=20 direction of the President, and with his consent the same may be sold = and the=20 proceeds applied to some beneficial purpose for the benefit of said = orphans.=20

ARTICLE XX.

The U.S. agree and stipulate as follows, that for = the=20 benefit and advantage of the Choctaw people, and to improve their = condition,=20 their shall be educated under the direction of the President and at the = expense=20 of the U.S. forty Choctaw youths for twenty years. This number shall be = kept at=20 school, and as they finish their education others, to supply their = places shall=20 be received for the period stated. The U.S. agree also to erect a = Council House=20 for the nation at some convenient central point, after their people = shall be=20 settled; and a House for each Chief, also a Church for each of the three = Districts, to be used also as school houses, until the Nation may = conclude to=20 build others; and for these purposes ten thousand dollars shall be = appropriated;=20 also fifty thousand dollars (viz.) twenty-five hundred dollars annually = shall be=20 given for the support of three teachers of schools for twenty years. = Likewise=20 there shall be furnished to the Nation, three Blacksmiths one for each = district=20 for sixteen years, and a qualified Mill Wright for five years; Also = there shall=20 be furnished the following articles, twenty-one hundred blankets, to = each=20 warrior who emigrates a rifle, moulds, wipers and ammunition. One = thousand axes,=20 ploughs, hoes, wheels and cards each; and four hundred looms. There = shall also=20 be furnished, one ton of iron and two hundred weight of steel annually = to each=20 District for sixteen years.

ARTICLE XXI.

A few Choctaw Warriors yet survive who marched and = fought in=20 the army with General Wayne, the whole number stated not to exceed = twenty. These=20 it is agreed shall hereafter while they live, receive twenty-five = dollars a=20 year; a list of them to be early as practicable, and within six months, = made=20 out, and presented to the Agent, to be forwarded to the War Department. =

ARTICLE XXII.

The Chiefs of the Choctaws who have suggested that = their=20 people are in a state of rapid advancement in education and refinement, = and have=20 expressed a solicitude that they might have the privilege of a Delegate = on the=20 floor of the House of Representatives extended to them. The = Commissioners do not=20 feel that they can under a treaty stipulation accede to the request, but = at=20 their desire, present it in the Treaty, that Congress may consider of, = and=20 decide the application.

Done, and signed, and executed by the commissioners of the United = States, and=20 the chiefs, captains, and head men of the Choctaw nation, at Dancing = Rabbit=20 creek, this 27th day of September, eighteen and thirty.

Jno. H. Eaton, [L. S.]

Jno. Coffee, [L. S.]

Greenwood Leflore, [L. S.]

Musholatubbee, his x mark, [L. S.]

Nittucachee, his x mark, [L. S.]

Holarterhoomah, his x mark, [L. S.]

Hopiaunchabubbee, his x mark, [L. = S.]

Zishomingo, his x mark, [L. S.]

Captainthalke, his x mark, [L. S.]

James Shield, his x mark, [L. S.]

Pistiyubbee, his x mark, [L. S.]

Yobalarunehabubbee, his x mark, [L. = S.]

Holubbee, his x mark, [L. S.]

Robert Cole, his x mark, [L. S.]

Mokelareharhopin, his x mark, [L. = S.]

Lewis Perry, his x mark, [L. S.]

Artonamarstubbe, his x mark, [L. = S.]

Hopeatubbee, his x mark, [L. S.]

Hoshahoomah, his x mark, [L. S.]

Chuallahoomah, his x mark, [L. S.]

Joseph Kincaide, his x mark, [L. = S.]

Eyarhocuttubbee, his x mark, [L. = S.]

Page=20 316

Iyacherhopia, his x mark, [L. S.]

Offahoomah, his x mark, [L. S.]

Archalater, his x mark, [L. S.]

Onnahubbee, his x mark, [L. S.]

Pisinhocuttubbee, his x mark, [L. = S.]

Tullarhacher, his x mark, [L. S.]

Little leader, his x mark, [L. S.]

Maanhutter, his x mark, [L. S.]

Cowehoomah, his x mark, [L. S.]

Tillamoer, his x mark, [L. S.]

Imnullacha, his x mark, [L. S.]

Artopilachubbee, his x mark, [L. = S.]

Shupherunchahubbee, his x mark, [L. = S.]

Nitterhoomah, his x mark, [L. S.]

Oaklaryubbee, his x mark, [L. S.]

Pukumna, his x mark, [L. S.]

Arpalar, his x mark, [L. S.]

Holber, his x mark, [L. S.]

Hoparmingo, his x mark, [L. S.]

Isparhoomah, his x mark, [L. S.]

Tieberhoomah, his x mark, [L. S.]

Tishoholarter, his x mark, [L. S.]

Mahayarchubbee, his x mark, [L. S.]

Artooklubbetushpar, his x mark, [L. = S.]

Metubbee, his x mark, [L. S.]

Arsarkatubbee, his x mark, [L. S.]

Issaterhoomah, his x mark, [L. S.]

Chohtahmatahah, his x mark, [L. S.]

Tunnuppashubbee, his x mark, [L. = S.]

Okocharyer, his x mark, [L. S.]

Hoshhopia, his x mark, [L. S.]

Warsharshahopia, his x mark, [L. = S.]

Maarshunchahubbee, his x mark, [L. = S.]

Misharyubbee, his x mark, [L. S.]

Daniel McCurtain, his x mark, [L. = S.]

Tushkerharcho, his x mark, [L. S.]

Hoktoontubbee, his x mark, [L. S.]

Nuknacrahookmarhee, his x mark, [L. = S.]

Mingo hoomah, his x mark, [L. S.]

James Karnes, his x mark, [L. S.]

Tishohakubbee, his x mark, [L. S.]

Narlanalar, his x mark, [L. S.]

Pennasha, his x mark, [L. S.]

Inharyarker, his x mark, [L. S.]

Mottubbee, his x mark, [L. S.]

Narharyubbee, his x mark, [L. S.]

Ishmaryubbee, his x mark, [L. S.]

James McKing, [L. S.]

Lewis Wilson, his x mark, [L. S.]

Istonarkerharcho, his x mark, [L. = S.]

Hohinshamartarher, his x mark , [L. = S.]

Kinsulachubbee, his x mark, [L. S.]

Emarhinstubbee, his x mark, [L. S.]

Gysalndalra, bm, his x mark, [L. = S.]

Thomas Wall, [L. S.]

Sam. S. Worcester, [L. S.]

Arlartar, his x mark, [L. S.]

Nittahubbee, his x mark, [L. S.]

Tishonouan, his x mark, [L. S.]

Warsharchahoomah, his x mark,[L. = S.]

Isaac James, his x mark, [L. S.]

Hopiaintushker, his x mark, [L. S.]

Aryoshkermer, his x mark, [L. S.]

Shemotar, his x mark, [L. S.]

Hopiaisketina, his x mark, [L. S.]

Thomas Leflore, his x mark, [L. S.]

Arnokechatubbee, his x mark, [L. = S.]

Shokoperlukna, his x mark, [L. S.]

Posherhoomah, his x mark, [L. S.]

Robert Folsom, his x mark, [L. S.]

Arharyotubbee, his x mark, [L. S.]

Kushonolarter, his x mark, [L. S.]

James Vaughan, his x mark, [L. S.]

Phiplip, his x mark, [L. S.]

Meshameye, his x mark, [L. S.]

Ishteheka, his x mark, [L. S.]

Heshohomme, his x mark, [L. S.]

John McKolbery, his x mark, [L. S.]

Benjm. James, his x mark, [L. S.]

Tikbachahambe, his x mark, [L. S.]

Aholiktube, his x mark, [L. S.]

Walking Wolf, his x mark, [L. S.]

John Waide, his x mark, [L. S.]

Big Axe, his x mark, [L. S.]

Bob, his x mark, [L. S.]

Tushkochaubbee, his x mark, [L. S.]

Ittabe, his x mark, [L. S.]

Tishowakayo, his x mark, [L. S.]

Folehommo, his x mark, [L. S.]

John Garland, his x mark, [L. S.]

Koshona, his x mark, [L. S.]

Ishleyohamobe, his x mark, [L. S.]

Jacob Folsom, [L. S.]

William Foster, [L. S.]

Ontioerharcho, his x mark, [L. S.]

Hugh A. Foster, [L. S.]

Pierre Juzan, [L. S.]

Jno. Pitchlynn, jr., [L. S.]

David Folsom, [L. S.]

Sholohommastube, his x mark, [L. = S.]

Tesho, his x mark, [L. S.]

Lauwechubee, his x mark, [L. S.]

Hoshehammo, his x mark, [L. S.]

Ofenowo, his x mark, [L. S.]

Ahekoche, his x mark, [L. S.]

Kaloshoube, his x mark, [L. S.]

Atoko, his x mark, [L. S.]

Ishtemeleche, his x mark, [L. S.]

Emthtohabe, his x mark, [L. S.]

Silas D. Fisher, his x mark, [L. = S.]

Isaac Folsom, his x mark, [L. S.]

Hekatube, his x mark, [L. S.]

Hakseche, his x mark, [L. S.]

Jerry Carney, his x mark, [L. S.]

John Washington. his x mark, [L. = S.]

Panshastubbee, his x mark, [L. S.]

P. P. Pitchlynn, his x mark, [L. = S.]

Joel H. Nail, his x mark, [L. S.]

Hopia Stonakey, his x mark, [L. S.]

Kocohomma, his x mark, [L. S.]

William Wade, his x mark, [L. S.]

Panshstickubbee, his x mark, [L. = S.]

Holittankchahubbee, his x mark, [L. = S.]

Oklanowa, his x mark, [L. S.]

Neto, his x mark, [L. S.]

James Fletcher, his x mark, [L. S.]

Silas D. Pitchlynn, [L. S.]

William Trahorn, his x mark, [L. = S.]

Toshkahemmitto, his x mark, [L. S.]

Tethetayo, his x mark, [L. S.]

Emokloshahopie, his x mark, [L. S.]

Tishoimita, his x mark, [L. S.]

Thomas W. Foster, his x mark, [L. = S.]

Zadoc Brashears, his x mark, [L. = S.]

Levi Perkins, his x mark, [L. S.]

Isaac Perry, his x mark, [L. S.]

Ishlonocka Hoomah, his x mark, [L. = S.]

Hiram King, his x mark, [L. S.]

Ogla Enlah, his x mark, [L. S.]

Nultlahtubbee, his x mark, [L. S.]

Tuska Hollattuh, his x mark, [L. = S.]

Kothoantchahubbee, his x mark, [L. = S.]

Eyarpulubbee, his x mark, [L. S.]

Okentahubbe, his x mark, [L. S.]

Living War Club, his x mark, [L. = S.]

John Jones, his x mark, [L. S.]

Charles Jones, his x mark, [L. S.]

Isaac Jones, his x mark, [L. S.]

Hocklucha, his x mark, [L. S.]

Muscogee, his x mark., [L. S.]

Eden Nelson, his x mark, [L. S.]

Page=20 317

In presence of=E2=80=94

E. Breathitt secretary to the = Commission,

William Ward, agent for Choctaws,

John Pitchlyn, United States = interpreter,

M. Mackey, United States = interpreter,

Geo. S. Gaines, of Alabama,

R. P. Currin,

Luke Howard,

Sam. S. Worcester,

Jno. N. Byrn,

John Bell,

Jno. Bond.

SUPPLEMENTARY ARTICLES TO THE = PRECEDING=20 TREATY.
Sept. 28, 1830. | 7 Stat., 340.

Various Choctaw persons have been presented by the Chiefs of the = nation, with=20 a desire that they might be provided for. Being particularly deserving, = an=20 earnestness has been manifested that provision might be made for them. = It is=20 therefore by the undersigned commissioners here assented to, with the=20 understanding that they are to have no interest in the reservations = which are=20 directed and provided for under the general Treaty to which this is a=20 supplement.

As evidence of the liberal and kind feelings of the President and = Government=20 of the United States the Commissioners agree to the request as follows, = (to wit)=20 Pierre Juzan, Peter Pitchlynn, G. W. Harkins, Jack Pitchlynn, Israel = Fulsom,=20 Louis Laflore, Benjamin James, Joel H. Nail, Hopoynjahubbee, Onorkubbee, = Benjamin Laflore, Michael Laflore and Allen Yates and wife shall be = entitled to=20 a reservation of two sections of land each to include their improvement = where=20 they at present reside, with the exception of the three first named = persons and=20 Benjamin Laflore, who are authorized to locate one of their sections on = any=20 other unimproved and unoccupied land, within their respective districts. =

ARTICLE II.

And to each of the following persons there is = allowed a=20 reservation of a section and a half of land, (to wit) James L. McDonald, = Robert=20 Jones, Noah Wall, James Campbell, G. Nelson, Vaughn Brashears, R. = Harris, Little=20 Leader, S. Foster, J. Vaughn, L. Durans, Samuel Long, T. Magagha, Thos. = Everge,=20 Giles Thompson, Tomas Garland, John Bond, William Laflore, and Turner = Brashears,=20 the two first named persons, may locate one section each, and one = section=20 jointly on any unimproved and unoccupied land, these not residing in the = Nation;=20 The others are to include their present residence and improvement.

Also one section is allowed to the following persons (to wit) = Middleton=20 Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall, Charles = Scott, Molly=20 Nail, Susan Colbert, who was formerly Susan James, Samuel Garland, Silas = Fisher,=20 D. McCurtain, Oaklahoma, and Polly Fillecuthey, to be located in entire = sections=20 to include their present residence and improvement, with the exception = of Molly=20 Nail and Susan Colbert, who are authorized to locate theirs, on any = unimproved=20 unoccupied land.

John Pitchlynn has long and faithfully served the nation in character = of U.=20 States Interpreter, he has acted as such for forty years, in = consideration it is=20 agreed, in addition to what has been done for him there shall be granted = to two=20 of his children, (to wit) Silas Pitchlynn, and Thomas Pitchlynn one = section of=20 land each, to adjoin the location of their father; likewise to James = Madison and=20 Peter sons of Mushulatubbee one section of land each to include the old = house=20 and improvement where their father formerly lived on the old military = road=20 adjoining a large Prairie.

And to Henry Groves son of the Chief Natticache there is one section = of land=20 given to adjoin his father's land.

And to each of the following persons half a section of land is = granted on any=20 unoccupied and unimproved lands in the Districts where they respectively = live=20 (to wit) Willis Harkins, James D. Hamilton, William

Page=20 318

Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel = Worcester,=20 George Hunter, William Train, Robert Nail and Alexander McKee.

And there is given a quarter section of land each to Delila and her = five=20 fatherless children, she being a Choctaw woman residing out of the = nation; also=20 the same quantity to Peggy Trihan, another Indian woman residing out of = the=20 nation and her two fatherless children; and to the widows of Pushmilaha, = and=20 Pucktshenubbee, who were formerly distinguished Chiefs of the nation and = for=20 their children four quarter sections of land, each in trust for = themselves and=20 their children.

All of said last mentioned reservations are to be located under and = by=20 direction of the President of the U. States.

ARTICLE III.

The Choctaw people now that they have ceded their = lands are=20 solicitous to get to their new homes early as possible and accordingly = they wish=20 that a party may be permitted to proceed this fall to ascertain = whereabouts will=20 be most advantageous for their people to be located.

It is therefore agreed that three or four persons (from each of the = three=20 districts) under the guidance of some discreet and well qualified person = or=20 persons may proceed during this fall to the West upon an examination of = the=20 country.

For their time and expenses the U. States agree to allow the said = twelve=20 persons two dollars a day each, not to exceed one hundred days, which is = deemed=20 to be ample time to make an examination.

If necessary, pilots acquainted with the country will be furnished = when they=20 arrive in the West.

ARTICLE IV.

John Donly of Alabama who has several Choctaw = grand children=20 and who for twenty years has carried the mail through the Choctaw = Nation, a=20 desire by the Chiefs is expressed that he may have a section of land, it = is=20 accordingly granted, to be located in one entire section, on any = unimproved and=20 unoccupied land.

Allen Glover and George S. Gaines licensed Traders = in the=20 Choctaw Nation, have accounts amounting to upwards of nine thousand = dollars=20 against the Indians who are unable to pay their said debts without = distressing=20 their families; a desire is expressed by the chiefs that two sections of = land be=20 set apart to be sold and the proceeds thereof to be applied toward the = payment=20 of the aforesaid debts. It is agreed that two sections of any unimproved = and=20 unoccupied land be granted to George S. Gaines who will sell the same = for the=20 best price he can obtain and apply the proceeds thereof to the credit of = the=20 Indians on their accounts due to the before mentioned Glover and Gaines; = and=20 shall make the application to the poorest Indian first.

At the earnest and particular request of the Chief = Greenwood=20 Laflore there is granted to David Haley one half section of land to be = located=20 in a half section on any unoccupied and unimproved land as a = compensation, for a=20 journey to Washington City with dispatches to the Government and = returning=20 others to the Choctaw Nation.

The foregoing is entered into, as supplemental to the treaty = concluded=20 yesterday.

Done at Dancing Rabbit creek the 28th day of = September, 1830.=20

Jno. H. Eaton, [L. S.]

Jno. Coffee, [L. S.]

Greenwood Leflore, [L. S.]

Nittucachee, his x mark, [L. S.]

Mushulatubbee, his x mark, [L. S.]

Offahoomah, his x mark, [L. S.]

Eyarhoeuttubbee, his x mark, [L. = S.]

Iyaeherhopia, his x mark, [L. S.]

Holubbee, his x mark, [L. S.]

Onarhubbee, his x mark, [L. S.]

Robert Cole, his x mark, [L. S.]

Hopiaunchahubbee, his x mark, [L. = S.]

David Folsom, [L. S.]

John Garland, his x mark, [L. S.]

Hopiahoomah, his x mark, [L. S.]

Captain Thalko, his x mark, [L. S.]

Pierre Juzan, [L. S.]

Immarstarher, his x mark, [L. S.]

Hoshimhamartar, his x mark, [L. = S.]

Page=20 319

In presence of=E2=80=94

E. Breathitt, Secretary to = Commissioners,

W. Ward, Agent for Choctaws,

M. Mackey, United States = Interpreter,

John Pitchlynn, United States Interpreter, =

R. P. Currin,

Jno. W. Byrn,

Geo. S. Gaines.

Search | OSU Library = Electronic=20 Publishing Center

Produced by the Oklahoma State = University=20 Library
URL:=20 http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu

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