TREATIES BETWEEN THE UNITED STATES
AND
THE CHOCTAW NATION
Choctaw Museum of the Southern Indian
Bob Ferguson
1786
· 1801 · 1802
· 1803
· 1805
· 1816
· 1820
· 1825
· 1830
Nine treaties were signed during a forty-four-year period,
from 1786 to 1830. I shall stress the amounts of Choctaw land involved
in these treaties, even though they included agreements relating
to other matters, because land was the Indians' most valuable resource.
I shall also provide a day-by-day account, from September 15 to
September 28, 1839, of the events leading to the signing of the
Treaty of Dancing Rabbit Creek. A table at the end provides a general
overview of the nine treaties.
The Treaty of Hopewell was signed by the Choctaw at the
foothills of the Smoky Mountains on January 3, 1786. The land ceded
amounted to 69,120 acres, and the compensation to the Choctaw took
the form of protection by the United States. The rationale motivating
the individuals who promoted the treaty, and the Choctaw themselves,
was the need to clarify the new relationship between the United
States and the Choctaw confederacy.
TREATY WITH THE CHOCTAWS, 1786.
Articles of a treaty concluded at Hopewell, on the Keowee,
near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens and
Joseph Martin, Commissioners Plenipotentiary of the United States
of America, of the one part; and Yockonahoma, great Medal Chief
of Soonacoha; Yockehoopoie, leading Chief of Bugtoogoloo; Mingohoopoie,
leading Chief of Hashooqua; Tobocoh, great Medal Chief of Congetoo;
Pooshemastubie, Gorget Captain of Senayazo; and thirteen small Medal
Chiefs of the first Class, twelve Medal and Gorget Captains, Commissioners
Plenipotentiary of all the Choctaw Nation, of the other part.
The Commissioners Plenipotentiary of the United States of
America give peace to all the Choctaw nation, and receive them into
the favor and protection of the United States of America, on the
following conditions:
ARTICLE I. The Commissioners Plenipotentiary of all the
Choctaw nation, shall restore all the prisoners, citizens of the
United States, or subjects of their allies, to their entire liberty,
if any there be in the Choctaw nation. They shall also restore all
the Negroes, and all other property taken during the late war, from
the citizens, to such person, and at such time and place as the
Commissioners of the United States of America shall appoint, if
any there be in the Choctaw nation.
ART. II. The Commissioners Plenipotentiary of all the Choctaw
nation, do hereby acknowledge the tribes and towns of the said nation,
and the lands within the boundary allotted to the said Indians to
live and hunt on, as mentioned in the third article, to be under
the protection of the United States of America, and of no other
sovereign whosoever.
ART. III. The boundary of the lands hereby allotted to the
Choctaw nation to live and hunt on, within the limits of the United
States of America, is and shall be the following, viz. Beginning
at a point on the thirty-first degree of north latitude, where the
Eastern boundary of the Natches district shall touch the same; thence
east along the said thirty-first degree of north latitude, being
the southern boundary of the United States of America, until it
shall strike the eastern boundary of the lands on which the Indians
of the said nation did live and hunt on the twenty-ninth of November,
one thousand seven hundred and eighty-two, while they were under
the protection of the King of Great-Britain; thence northerly along
the said eastern boundary, until it shall meet the northern boundary
of the said lands; thence westerly along the said northern boundary,
until it shall meet the western boundary thereof; thence southerly
along the same to the beginning: saving and reserving for the establishment
of trading posts, three tracts or parcels of land of six miles square
each, at such places as the United [States] in Congress assembled
shall think proper; which posts, and the lands annexed to them,
shall be to the use and under the government of the United States
of America.
ART. IV. If any citizen of the United States, or other person
not being an Indian, shall attempt to settle on any of the lands
hereby allotted to the Indians to live and hunt on, such person
shall forfeit the protection of the United States of America, and
the Indians may punish him or not as they please.
ART. V. If any Indian or Indians, or persons, residing among
them, or who shall take refuge in their nation, shall commit robbery
or murder or other capital crime on any citizen of the United States
of America, or person under their protection, the tribe to which
such offender may belong, or the nation, shall be bound to deliver
him or them up to be punished according to the ordinances of the
United States in Congress assembled: Provided, that the punishment
shall not be greater than if the robbery or murder, or other capital
crime, had been committed by a citizen on a citizen.
ART. VI. If any citizen of the United States of America,
or person under their protection, shall commit a robbery or murder,
or other capital crime, on any Indian, such offender or offenders
shall be punished in the same manner as if the robbery or murder,
or other capital crime, had been committed on a citizen of the United
States of America; and the punishment shall be in presence of some
of the Choctaws, if any will attend at the time and place; and that
they may have an opportunity so to do, due notice, if practicable,
of the time of such intended punishment, shall be sent to some one
of the tribes.
ART. VII. It is understood that the punishment of the innocent,
under the idea of retaliation, is unjust, and shall not be practiced
on either side, except where there is a manifest violation of this
treaty; and then it shall be preceded, first by a demand of justice,
and if refused, then by a declaration of hostilities.
ART. VIII. For the benefit and comfort of the Indians, and
for the prevention of injuries or oppressions on the part of the
citizens or Indians, the United States in Congress assembled, shall
have the sole and exclusive right of regulating the trade with the
Indians, and managing all their affairs in such manner as they think
proper.
ART. IX. Until the pleasure of Congress be known, respecting
the eighth article, all traders, citizens of the United States of
America, shall have liberty to go to any of the tribes or towns
of the Choctaws, to trade with them, and they shall be protected
in their persons and property, and kindly treated.
ART. X. The said Indians shall give notice to the citizens
of the United States of America, of any designs which they may know
or suspect to be formed in any neighboring tribe, or by any person
whosoever, against the peace, trade or interest of the United States
of America.
ART. XI. The hatchet shall be forever buried, and the peace
given by the United states of America, and friendship re-established
between the said states on the one part, and all the Choctaw nation
on the other part, shall be universal; and the contracting parties
shall use their utmost endeavors to maintain the peace given as
aforesaid, and friendship re-established.
The Treaty of Fort Adams was the second treaty, and it was
signed to December 17, 1801. At this point large bites of land began
to be taken from the Choctaw Nation; all of the southwestern corner
of their territory 2,641,920 acres, was ceded for $2,000 plus blacksmith
tools, whose later delivery to the Choctaw the U.S. guaranteed.1
The Choctaw agreed to sign this treaty chiefly because of the regional
famine that had occurred that year. The drought had resulted in
a lack of food among the Choctaw. As part of the treaty, the United
States secured the right to construct a road through Choctaw country
from Natchez, Mississippi, to Nashville, Tennessee. The chiefs said
to the U.S. Commissioners: "We [the Council] came here sober. We
wish to go away so; we, therefore, request that the strong drink,
which we understand our brothers have brought here, may not be disturbed."2
TREATY WITH THE CHOCTAWS, 1801.
A treaty of friendship, limits and accommodation between
the United States of America and the Chactaw nation of Indians.
THOMAS JEFFERSON, President of the United States of America,
by James Wilkinson, of the state of Maryland, Brigadier-General
in the army of the United States, Benjamin Hawkins, of North Carolina,
and Andrew Pickens, of South Carolina, commissioners plenipotentiary
of the United States on the one part, and the Minogs, principal
men and warriors of the Chactaw nation, representing the said nation
in council assembled, on the other part, have entered into the following
articles and conditions, viz:
ARTICLE I. Whereas the United States in Congress assembled,
did by their commissioners Plenipotentiary, Benjamin Hawkins, Andrew
Pickens, and Joseph Martin, at a treaty held with the chiefs and
head men of the Chactaw nation at Hopewell, on the Keowe, the third
day of January, in the year of our Lord, one thousand seven hundred
and eighty-six, give peace to the said nation, and receive it into
the favor and protection of the United States of America; it is
agreed by the parties to these presents respectively, that the Chactaw
nation, or such part of it as may reside within the limits of the
United States, shall be and continue under the care and protection
of the said States; and that the mutual confidence and friendship
which are hereby acknowledged to subsist between the contracting
parties shall be maintained and perpetuated.
ART. II. The Mingos principal men and warriors of the Chactaw
nation of Indians, do hereby give their free consent, that a convenient
and durable wagon way may be explored, marked, opened and made under
the orders and instructions of the President of the United States,
through their lands to commence at the northern extremity of the
settlements of the Mississippi Territory, and to be extended from
thence, by such route as may be elected and surveyed under the authority
of the President of the United States, until it shall strike the
lands claimed by the Chickasaw nation; and the same shall be and
continue for ever, a high-way for the citizens of the United States
and the Chactaws; and the said Chactaws shall nominate two discreet
men from their nation, who may be employed as assistants, guides
or pilots, during the time of laying out and opening the said high-way,
or so long as may be deemed expedient, under the direction of the
officer charged with this duty, who shall receive a reasonable compensation
for their services.
ART. III. The two contracting parties covenant and agree
that the old line of demarcation heretofore established by and between
the officers of his Britannic Majesty and the Chactaw nation, which
runs in a parallel direction with the Mississippi river and eastward
thereof, shall be retraced and plainly marked, in such way and manner
as the President may direct, in the presence of two persons to be
appointed by said nation; and that the said line shall be the boundary
between the settlements of the Mississippi Territory and the Chactaw
nation. And the said nation does by these presents relinquish to
the United States and quit claim for ever, all their right, title
and pretension to the land lying between the said line and the Mississippi
river, bounded south by the thirty-first degree of north latitude,
and north by the Yazoo river, where the said line shall strike the
same; and on the part of the commissioners it is agreed, that all
persons who may be settled beyond this line, shall be removed within
it, on the side towards the Mississippi, together with their slaves,
household furniture, tools, materials and stock, and that the cabins
or houses erected by such persons shall be demolished.
ART. IV. The President of the United States may, at his
discretion, proceed to execute the second article of this treaty;
and the third article shall be carried into effect as soon as may
be convenient to the government of the United States, and without
unnecessary delay on the one part or the other, of which the President
shall be the judge; the Chactaws to be seasonably advised, by order
of the President of the United States, of the time when, and the
place where, the re-survey and re-marking of the old line referred
to in the preceding article, will be commenced.
ART. V. The commissioners of the United States, for and
in consideration of the foregoing concessions on the part of the
Chactaw nation, and in full satisfaction for the same, do give and
deliver to the Mingos, chiefs and warriors of the said nation, at
the signing of these presents, the value of two thousand dollars
in goods and merchandise, net cost of Philadelphia, the receipt
whereof is hereby acknowledged; and they further engage to give
three sets of blacksmith's tools to the said nation.
ART. VI. This treaty shall take effect and be obligatory
on the contracting parties, so soon as the same shall be ratified
by the President of the United States of America, by and with the
advice and consent of the Senate thereof.
Ten months after the second treaty, on October 17, 1802,
a third treaty was signed. It was the Treaty of Fort Confederation,
and the underlying rationale was again that the Choctaw boundaries
had never been clarified satisfactorily. During the clarification
process, the Choctaw lost another 50,000 acres, for which they received
no compensation. The Choctaw eastern boundary was marked, and the
Choctaw ceded a tract north of Mobile, as stated in article 2:
The said line, when thus remarked and re-established, shall
form the boundary between the United States and the said Choctaw
Nation, in that quarter, and the said Choctaw Nation, for, and in
consideration of one dollar, to them in hand paid by the said United
States, the receipt whereof is hereby acknowledged, do hereby release
to the said United States, and quit claim forever, to all that tract
of land which is included by the before named line on the north,
by the Chickasawhay river on the west, by the Tombigbee and the
Mobile rivers on the east, and by the boundary of the United States
on the south.3
TREATY WITH THE CHOCTAWS, 1802.
A provisional convention entered into and made by brigadier
general James Wilkinson, of the state of Maryland, commissioner
for holding conferences with the Indians south of the Ohio River,
in behalf of the United States, on the one part, and the whole Choctaw
nation, by their chiefs, head men, and principal warriors, on the
other part.
Preamble. For the mutual accommodation of the parties, and
to perpetuate that concord and friendship, which so happily subsists
between them, they do hereby freely, voluntarily, and without constraint,
covenant and agree,
ARTICLE I. That the President of the United States may,
at his discretion, by a commissioner or commissioners, to be appointed
by him, by and with the advice and consent of the Senate of the
United States, retrace, connect, and plainly remark the old line
of limits, established by and between his Britannic majesty and
the said Choctaw nation, which begins on the left bank of the Chickasawhay
river and runs thence in an easterly direction to the right bank
of the Tombigby river, terminating on the same, at a bluff well
known by the name of Hach-a-Tig-geby, but it is to be clearly understood,
that two commissioners, to be appointed by the said nation, from
their own body, are to attend the commissioner or commissioners
of the United States, who may be appointed to perform this service,
for which purpose the said Choctaw nation shall be seasonably advised
by the President of the United States, of the particular period
at which the operation may be commenced, and the said Choctaw commissioners
shall be subsisted by the United States, so long as they may be
engaged on this business, and paid for their services, during the
said term, at the rate of one dollar per day.
ART. II. The said line, when thus remarked and re-established,
shall form the boundary between the United States and the said Choctaw
nation, in that quarter, and the said Choctaw nation, for, and in
consideration of one dollar, to them in hand paid by the said United
States, the receipt whereof is hereby acknowledged, do hereby release
to the said United States, and quit claim for ever, to all that
tract of land which is included by the beforenamed line on the north,
by the Chickasawhay river on the west, by the Tombigby and the Mobile
rivers on the east, and by the boundary of the United States on
the south.
ART. III. The chiefs, head men, and warriors, of the said
Choctaw nation, do hereby constitute, authorise and appoint, the
chiefs and head men of the upper towns of the said nation, to make
such alteration in the old boundary line near the mouth of the Yazou
river, as may be found convenient, and may be done without injury
to the said nation.
ART. IV. This convention shall take effect and become obligatory
on the contracting parties as soon as the President of the United
States, by and with the advice and consent of the Senate, shall
have ratified the same.
On August 31, 1803, the fourth treaty was signed. The Treaty
of Hoe Buckintoopa4 ceded 853,760 acres to the United
States in exchange for the clearing of a Choctaw debt to Panton,
Leslie, and Company, a trading company. As additional compensation,
each of the two chiefs who signed the treaty received 15 pieces
of strouds, 3 rifles, 150 blankets, 150 pounds of powder, 250 rounds
of lead, 1 bridle, 1 man's saddle, and 1 black silk handkerchief.
The same persuasive technique-the clearing of Choctaw debts in exchange
for Indian land-was used repeatedly by owners of U.S. and foreign
trading companies.5 It was used even thirty and forty
years after 1830 to defraud the Choctaw of land granted to them
in articles 14 and 19 of the Treaty of Dancing Rabbit Creek.
TREATY WITH THE CHOCTAWS, 1803.
To whom these presents shall come,
KNOW YE, that the undersigned, commissioners plenipotentiary
of the United States of America, of the one part, and of the whole
Choctaw nation of the other part, being duly authorised by the President
of the United States, and by the chiefs and headmen of the said
nation, do hereby establish in conformity to the convention of Fort
Confederation, for the line of demarcation recognized in the said
convention, the following metes and bounds, viz.: Beginning in the
channel of the Hatchee Comesa, or Wax river, at the point where
the line of limits, between the United States and Spain crosseth
the same, thence up the channel of said river to the confluence
of Chickasaw-Hay and Buck-hatannee rivers, thence up the channel
of the Buckhatannee to Bogue Hooma or Red creek, thence up the said
creek to a Pine tree standing on the left bank of the same, and
blazed on two of its sides, about twelve links southwest of an old
trading path, leading from the town of Mobile to the Hewanee towns,
much worn, but not in use at the present time:--From this tree we
find the following bearings and distances, viz.: south fifty four
degrees thirty minutes, west, one chain, one link a black gum, north
thirty nine degrees east one chain seventy five links to a water
oak; thence with the old British line of partition in its various
inflections, to a mulberry post, planted on the right bank of the
main branch of Sintee Bogue or Snake creek, where it makes a sharp
turn to the south east, a large broken top Cypress-tree standing
near the opposite bank of the creek, which is about three poles
wide, thence down the said creek to the Tombigby river, thence down
the Tombigby and Mobile rivers, to the above mention line of limits
between the United States and Spain, and with the same to the point
of beginning: we, the said commissioners plenipotentiary, do ratify
and confirm the said line of demarcation, and do recognize and acknowledge
the same to be the boundary which shall separate and distinguish
the land ceded to the United States, between the Tombigby, Mobile
and Pascagola rivers, from that which has not been ceded by the
said Choctaw nation.
We the commissioners of the Choctaw nation duly appointed
and the chiefs of the said nation who reside on the Tombigby river,
next to Sintee Bogue, do acknowledge to have received from the United
States of America, by the hands of Brigadier General James Wilkinson,
as a consideration on full for the confirmation of the above concession,
the following articles, viz.: fifteen pieces of strouds, three rifles,
one hundred and fifty blankets, two hundred and fifty pounds of
powder, two hundred and fifty pounds of lead, one bridle, one man's
saddle, and one black silk handkerchief.
The Treaty of Mount Dexter, the fifth treaty, was signed
on November 16, 1805. Once again the Choctaw were persuaded to sign
because they had created large debts with trading companies. The
Treaty of Mount Dexter ceded the remaining strip of their southern
territory, 4,142,720 acres, to the United States in exchange for
the clearing of debts and the establishment of annuities; the U.S.
government agreed to pay $48,000 per year, to be distributed according
to the will of the chiefs.6
TREATY WITH THE CHOCTAWS, 1805.
A Treaty of Limits between the United States of America
and the Chaktaw Nation of Indians.
THOMAS JEFFERSON, President of the United States of America,
by James Robertson, of Tennessee, and Silas Dinsmoor, of New Hampshire,
agent of the United States to the Chaktaws, commissioners plenipotentiary
of the United States, on the one part, and the Mingoes, Chiefs and
warriors of the Chaktaw nation of Indians, in council assembled,
on the other part, have entered into the following agreement, viz:
ARTICLE I. The Mingoes, chiefs, and warriors of the Chaktaw
nation of Indians in behalf of themselves, and the said nation,
do by these presents cede to the United States of America, all the
lands to which they now have or ever had claim, lying to the right
of the following lines, to say. Beginning at a branch of the Humacheeto
where the same is intersected by the present Chaktaw boundary, and
also by the path leading from Natchez to the county of Washington,
usually called M'Clarey's path, thence eastwardly along M'Clarey's
path, to the east or left bank of Pearl river, thence on such a
direct line as would touch the lower end of a bluff on the left
bank of Chickasawhay river the first above the Hiyoowannee towns,
called Broken Bluff, to a point within four miles of the Broken
Bluff, thence in a direct line nearly parallel with the river to
a point whence an east line of four miles in length will intersect
the river below the lowest settlement at present occupied and improved
in the Hiyoowannee town, thence still east four miles, thence in
a direct line nearly parallel with the river to a point on a line
to be run from the lower end of the Broken Bluff to Faluktabunnee
on the Tombigbee river four miles from the Broken Bluff, thence
along the said line to Faluktabunnee, thence east to the boundary
between the Creeks and Chaktaws on the ridge dividing the waters
running into the Alabama from those running into Tombigbee, thence
southwardly along the said ridge and boundary to the southern point
of the Chaktaw claim. Reserving a tract of two miles square run
on meridians and parallels so as to include the houses and improvements
in the town of Fuketcheepoonta, and reserving also a tract of five
thousand one hundred and twenty acres, beginning at a post on the
left bank of Tombigbee river opposite the lower end of Hatchatigbee
Bluff, thence ascending the river four miles front and two back
one half, for the use of Alzira, the other half for the use of Sophia,
daughters of Samuel Mitchell, by Molly, a Chaktaw woman. The latter
reserve to be subject to the same laws and regulations as may be
established in the circumjacent country; and the said Mingoes of
the Chaktaws, request that the government of the United States may
confirm the title of this reserve in the said Alzira and Sophia.
ART. II. For and in consideration of the foregoing cession
on the part of the Chaktaw nation, and in full satisfaction for
the same, the commissioners of the United States, do hereby covenant,
and agree with the said nation in behalf of the United States, that
the said States shall pay to the said nation fifty thousand five
hundred dollars, for the following purposes, to wit: Forty eight
thousand dollars to enable the Mingoes to discharge the debt due
to their merchants and traders; and also to pay for the depredations
committed on stock, and other property by evil disposed persons
of the said Chaktaw nation; two thousand five hundred dollars to
be paid to John Pitchlynn, to compensate him for certain losses
sustained in the Chaktaw country, and as a grateful testimonial
of the nation's esteem. And the said States shall also pay annually
to the said Chaktaws, for the use of the nation, three thousand
dollars in such goods (at neat cost of Philadelphia) as the Mingoes
may choose, they giving at least one year's notice of such choice.
ART. III. The commissioners of the United States, on the
part of the said States, engage to give to each of the three great
Medal Mingoes, Pukshunnubbee-Mingo, Hoomastubbee, and Pooshamattaha,
five hundred dollars in consideration of past services in their
nation, and also to pay to each of them an annuity of one hundred
and fifty dollars during their continuance in office. It is perfectly
understood, that neither of those great Medal Mingoes is to share
any part of the general annuity of the nation.
ART. IV. The Mingoes, chiefs, and warriors of the Chaktaws,
certify that a tract of land not exceeding fifteen hundred acres,
situated between the Tombigbee river and Jackson's creek, the front
or river line extending down the river from a blazed white oak standing
on the left bank of the Tombigbee near the head of the shoal, next
above Hobukentoopa, and claimed by John M'Grew was in fact granted
to the said M'Grew by Opiomingo Hesnitta, and others, many years
ago, and they respectfully request the government of the United
States to establish the claim of the said M'Grew to the said fifteen
hundred acres.
ART. V. The two contracting parties covenant and agree that
the boundary as described in the second [first] article shall be
ascertained and plainly marked, in such way and manner as the President
of the United States may direct, in the presence of three persons
to be appointed by the said nation; one from each of the great medal
districts, each of whom shall receive for this service two dollars
per day during his actual attendance, and the Chaktaws shall have
due and seasonable notice of the place where, and time when, the
operation shall commence.
ART. VI. The lease granted for establishments in the roads
leading through the Chaktaw country, is hereby confirmed in all
its conditions, and, except in the alteration of boundary, nothing
in this instrument shall affect or change any of the pre-existing
obligations of the contracting parties.
ART. VII. This treaty shall take effect and become reciprocally
obligatory so soon as the same shall have been ratified by the President
of the United States of America, by and with the advice and consent
of the Senate of the United States.
The Treaty of Fort St. Stephens, the sixth treaty, was signed
on October 24, 1816. It provided for the cession of Choctaw land
east of the Tombigbee River, approximately 10,000 acres. As compensation
the Choctaw were to receive $6,000 per year for twenty years plus
$10,000 in merchandise, which was to be delivered immediately. The
Choctaw decided to sign the treaty because the money could be used
to establish and maintain Choctaw schools. A couple of years later,
the American Board of Missions did establish a school in the Choctaw
Nation; the mission school was established by Cyrus Kingsbury at
Elliot, along the Yalobusha River.
TREATY WITH THE CHOCTAWS, 1816.
A treaty of cession between the United States of America
and the Chactaw nation of Indians.
JAMES MADISON, president of the United States of America,
by general John Coffee, John Rhea, and John M'Kee, esquires, commissioners
on the part of the United States, duly authorized for that purpose,
on the one part, and the mingoes, leaders, captains, and warriors,
of the Chactaw nation, in general council assembled, in behalf of
themselves and the whole nation, on the other part, have entered
into the following articles, which, when ratified by the president
of the United States, with the advice and consent of the senate,
shall be obligatory on both parties:
ARTICLE I. The Chactaw nation, for the consideration hereafter
mentioned, cede to the United States all their title and claim to
lands lying east of the following boundary, beginning at the mouth
of Ookitibbuha, and the Chickasaw boundary, and running from thence
down the Tombigby river, until it intersects the northern boundary
of a cession made to the United States by the Chactaws, at Mount
Dexter, on the 16th November, 1805.
ART. II. In consideration of the foregoing cession, the
United States engage to pay to the Chactaw nation the sum of six
thousand dollars annually, for twenty years; they also agree to
pay them in merchandise, to be delivered immediately on signing
the present treaty, the sum of ten thousand dollars.
The seventh treaty, the Treaty of Doak's Stand, involved
a land swap. The head negotiator for the United States was Andrew
Jackson. The treaty, signed on October 18, 1820, provided for the
exchange of 5,169,788 acres, the southwestern one-third of the remaining
Choctaw land fronting the Mississippi River, for a wild tract (13,000,000)
of Quapaw land lying beyond the Mississippi River between the Canadian-Arkansas
and Red rivers, comprosing the southern half of the present state
of Oklahoma and a large area in Arkansas. Before the Treaty of Doak's
Stand, the United States had taken the land from the Quapaw for
about $4,000 plus a $1,000 annuity. Intimidation, as well as bribery,
was used to persuade the Choctaw to swap their extremely valuable
delta land for the 13 million acres in the West. The Choctaw resisted,
because the western land would not be of use to them unless they
agreed to removal.7 For the first time, the idea of removal
was openly discussed. Before the Choctaw could reach their new land,
the part of it that lay in Arkansas was settled by white pioneers.
It is particularly noteworthy that the Treaty of Doak's Stand traded
to the Choctaw all the land they were ever to receive in present-day
Oklahoma.
TREATY WITH THE CHOCTAWS, 1820.
A treaty of friendship, limits, and accommodation, between
the United States of America and the Choctaw nation of Indians,
begun and concluded at the Treaty Ground, in said nation, near Doak's
Stand, on the Natchez Road.
PREAMBLE.
WHEREAS it is an important object with the President of
the United States, to promote the civilization of the Choctaw Indians,
by the establishment of schools amongst them; and to perpetuate
them as a nation, by exchanging, for a small part of their land
here, a country beyond the Mississippi River, where all, who live
by hunting and will not work, may be collected and settled together.--And
whereas it is desirable to the state of Mississippi, to obtain a
small part of the land belonging to the said nation; for the mutual
accommodation of the parties, and for securing the happiness and
protection of the whole Choctaw nation, as well as preserving that
harmony and friendship which so happily subsists between them and
the United States, James Monroe, President of the United States
of America, by Andrew Jackson, of the State of Tennessee, Major
General in the Army of the United States, and General Thomas Hinds,
of the State of Mississippi, Commissioners Plenipotentiary of the
United States, on the one part, and the Mingoes, Head Men, and Warriors,
of the Choctaw nation, in full Council assembled, on the other part,
have freely and voluntarily entered in to the following articles,
viz:
ARTICLE I. To enable the President of the United States
to carry into effect the above grand and humane objects, the Mingoes,
Head Men, and Warriors, of the Choctaw nation, in full council assembled,
in behalf of themselves and the said nation, do, by these presents,
cede to the United States of America, all the land lying and being
within the boundaries following, to wit:--Beginning on the Choctaw
boundary, East of Pearl River, at a point due South of the White
Oak spring, on the old Indian path; thence north to said spring;
thence northwardly to a black oak, standing on the Natchez road,
about forty poles eastwardly from Doake's fence, marked A.J. and
blazed, with two large pines and a black oak standing nearthereto,
and marked as pointers; thence a straight line to the head of Black
Creek, or Bouge Loosa; thence down Black Creek or Bouge Loosa to
a small Lake; thence a direct course, so as to strike the Mississippi
one mile below the mouth of the Arkansas River; thence down the
Mississippi to our boundary; thence around and along the same to
the beginning.
ART. II. For and in consideration of the foregoing cession,
on the part of the Choctaw nation, and in part satisfaction for
the same, the Commissioners of the United States, in behalf of said
States, do hereby cede to said nation, a tract of country west of
the Mississippi River, situate between the Arkansas and Red River,
and bounded as follows:--Beginning on the Arkansas River, where
the lower boundary line of the Cherokees strikes the same; thence
up the Arkansas to the Canadian Fork, and up the same to its source;
thence due South to the Red River; thence down Red River, three
miles below the mouth of Little River, which empties itself into
Red River on the north side; thence a direct line to the beginning.
ART. III. To prevent any dispute upon the subject of the
boundaries mentioned in the 1st and 2nd articles, it is hereby stipulated
between the parties, that the same shall be ascertained and distinctly
marked by a Commissioner, or Commissioners, to be appointed by the
United States, accompanied by such person as the Choctaw nation
may select; said nation having thirty days previous notice of the
time and place at which the operation will commence. The person
so chosen by the Choctaws, shall act a pilot or guide, for which
the United States will pay him two dollars per day, whilst actually
engaged in the performance of that duty. ART. IV. The boundaries
hereby established between the Choctaw Indians and the United States,
on this side of the Mississippi river, shall remain without alteration
until the period at which said nation shall become so civilized
and enlightened as to be made citizens of the United States, and
Congress shall lay off a limited parcel of land for the benefit
of each family or individual in the nation. ART. V. For the purpose
of aiding and assisting the poor Indians, who wish to remove to
the country hereby ceded on the part of the United States, and to
enable them to do well and support their families, the Commissioners
of the United States engage, in behalf of said States, to give to
each warrior a blanket, kettle, rifle gun, bullet moulds and nippers,
and ammunition sufficient for hunting and defense, for one year.
Said warrior shall also be supplied with corn to support him and
his family, for the same period, and whilst traveling to the country
above ceded to the Choctaw nation.
ART. VI. The Commissioners of the United States further
covenant and agree, on the part of said States, that an agent shall
be appointed, in due time, for the benefit of the Choctaw Indians
who may be permanently settled in the country ceded to them beyond
the Mississippi river, and, at a convenient period, a factor shall
be sent there with goods, to supply their wants. A Blacksmith shall
also be settled amongst them, at a point most convenient to the
population; and a faithful person appointed, whose duty it shall
be to use every reasonable exertion to collect all the wandering
Indians belonging to the Choctaw nation, upon the land hereby provided
for their permanent settlement.
ART. VII. Out of the lands ceded by the Choctaw nation to
the United States, the Commissioners aforesaid, in behalf of said
States, further covenant and agree, that fifty-four sections of
one mile square shall be laid out in good land, by the President
of the United States, and sold, for the purpose of raising a fund,
to be applied to the support of the Choctaw schools, on both sides
of the Mississippi river. Three-fourths of said fund shall be appropriated
for the benefit of the schools here; and the remaining fourth for
the establishment of one or more beyond the Mississippi; the whole
to be placed in the hands of the President of the United States,
and to be applied by him, expressly and exclusively, to this valuable
object.
ART. VIII. To remove any discontent which may have arisen
in the Choctaw Nation, in consequence of six thousand dollars of
their annuity having been appropriated annually, for sixteen years,
by some of the chiefs, for the support of their schools, the Commissioner
of the United States oblige themselves, on the part of said States,
to set apart an additional tract of good land, for raising a fund
equal to that given by the said chiefs, so that the whole of the
annuity may remain in the nation, and be divided amongst them. And
in order that exact justice may be done to the poor and distressed
of said nation, it shall be the duty of the agent to see that the
wants of every deaf, dumb, blind, and distressed, Indian, shall
be first supplied out of said annuity, and the balance equally distributed
amongst every individual of said nation.
ART. IX. All those who have separate settlements, and fall
within the limits of the land ceded by the Choctaw nation to the
United States, and who desire to remain where they now reside, shall
be secured in a tract or parcel of land one mile square, to include
their improvements. Any one who prefers removing, if he does so
within one year from the date of this treaty, shall be paid their
full value, to be ascertained by two persons, to be appointed by
the President of the United States.
ART. X. As there are some who have valuable buildings on
the roads and elsewhere upon the lands hereby ceded, should they
remove, it is further agreed by the aforesaid Commissioners, in
behalf of the United States, that the inconvenience of doing so
shall be considered, and such allowance made as will amount to an
equivalent. For this purpose, there shall be paid to the Mingo,
Puckshenubbee, five hundred dollars; to Harrison, two hundred dollars;
to Captain Cobb, tow hundred dollars; to William Hays, two hundred
dollars; to O'Gleno, two hundred dollars; and to all others who
have comfortable houses, a compensation in the same proportion.
ART. XI. It is also provided by the Commissioners of the
United States, and they agree in behalf of said states, that those
Choctaw Chiefs and Warriors, who have not received compensation
for their services during the campaign to Pensacola, in the late
war, shall be paid whatever is due them over and above the value
of the blanket, shirt, flap, and leggins, which have been delivered
to them.
ART. XII. In order to promote industry and sobriety amongst
all classes of the Red people, in this nation, but particularly
the poor, it is further provided by the parties, that the agent
appointed to reside here, shall be, and he is hereby, vested with
full power to seize and confiscate all the whiskey which may be
introduced into said nation, except that used at public stands,
or brought in by the permit of the agent, or the principal Chiefs
of the three Districts.
ART. XIII. To enable the Mingoes, Chiefs, and Head Men,
of the Choctaw nation, to raise and organize a corps of Light-Horse,
consisting of ten in each District, so that good order may be maintained,
and that all men, both white and red, may be compelled to pay their
just debts, it is stipulated and agreed, that the sum of two hundred
dollars shall be appropriated by the United States, for each district,
annually, and place in the hands of the agent, to pay the expenses
incurred in raising and establishing said corps; which is to act
as executive officers, in maintaining good order, and compelling
bad men to remove from the nation, who are not authorized to live
in it by a regular permit from the agent.
ART. XIV. Whereas the father of the beloved Chief Mushulatubbee,
of the Lower Towns, for and during his life, did receive from the
United States the sum of one hundred and fifty dollars, annually;
it is hereby stipulated, that his son and successor Mushulatubbee,
shall annually be paid the same amount during his natural life,
to commence from the ratification of this Treaty.
ART. XV. The peace and harmony subsisting between the Choctaw
Nation of Indians and the United States, are hereby renewed, continued,
and declared to be perpetual.
ART. XVI. These articles shall take effect, and become obligatory
on the contracting parties, so soon as the same shall be ratified
by the President, by and with the advice and consent of the Senate
of the United States.
The eighth treaty was signed on January 20, 1825, in Washington,
D.C. Known as the Treaty of Washington City, it represented an effort
to correct errors made in the 1820 treaty. In the late fall of 1824,
several chiefs journeyed to Washington seeking redress: many white
people were already living on the land in Arkansas which had been
a part of the Treaty of Doak's Stand. Two chiefs died before the
Treaty of Washington City was signed. During the hourney Chief Apukshunnubee
frell from a cliff in Kentucky.
Pushmatataha, mortally ill with a throat infection said,
on December 24: "I shall die, but will return to our brethren. As
you go along the paths, you will see the flowers and hear the birds,
but Pushmataha will see them and hear them no more. When you shall
come to your home, they will ask you, 'Where is Pushmataha?' and
you will say to them, 'He is no more.'"
Pushmataha was buried on Christmas Day. A grand procession
of 2,000 people followed his casket down Pennsylvania Avenue to
the Congressional Cemetery. The big guns were fired. The chiefs
epitaph reads in part: "Push ma ta ha was a warrier of great distinction--He
was wise in Council--Eloquent in an extraordinary degree, and on
all occasions, and under all circumstances, the White man's friend."8
Forty years after Pushmataha's death, Gideon Lincecum, the chief's
old neighbot and friend said: "I always looked upon him as possessing
the strongest and best balanced intellect of any man I have ever
heard speak."9
About three weeks after Pushmataha's burial, the Treaty
of Washington City was completed and was signed. The Choctaw Nation
ceded about 2 million acres to the United States; the land included
all the Arkansas land granted to the Choctaw by Article 2 of the
Treaty of Doak's Stand; this was the land lying east of a line beginning
on the Arkansas River, one hundred paces east of Fort Smith, and
running thence, due south, to Red River."10 The United
States agreed to move to the east side of the boundary line and
to prevent future settlements on the west by white people. The Choctaw
were persuaded to make the treaty because of their need for tribal
income. The Choctaw were to receive as compensation for the land
a perpetual annuity of $6,000, the waiver of debts owed to the U.S.
trading house on the Tombigbee, and pensions for the Choctaw veterans
of the War of 1812. The Treaty of Washington City thus reduced the
13 million acres in the West, given to the Choctaw in the Treaty
of Doak's Stand, to about 11 million acres, the boundary being the
western edge of present-day Arkansas.
TREATY WITH THE CHOCTAWS, 1825.
Articles of a convention made between John C. Calhoun, Secretary
of War, being specially authorized therfor by the President of the
United States, and the undersigned Chiefs and Head Men of the Choctaw
Nation of Indians, duly authorized and empowered by said Nation,
at the City of Washington, on the twentieth day of January, in the
year of our Lord one thousand eight hundred and twenty-five.
WHEREAS a Treaty of friendship; and limits, and accommodation,
having been entered into at Doake's Stand, on the eighteenth of
October, in the year one thousand eight hundred and twenty, between
Andrew Jackson and Thomas Hinds, Commissioners on the part of the
United States, and the Chiefs and Warriors of the Choctaw Nation
of Indians; and whereas the second article of the Treaty aforesaid
provides for a cession of lands, west of the Mississippi, to the
Choctaw Nation, in part satisfaction for lands ceded by said Nation
to the United States, according to the first article of said treaty:
And whereas, it being ascertained that the cession aforesaid embraces
a large number of settlers, citizens of the United States; and it
being the desire of the President of the United States to obviate
all difficulties resulting therefrom, and also, to adjust other
matters in which both the United States and Choctaw Nation are interested:
the following articles have been agreed upon, and concluded, between
John C. Calhoun, Secretary of War, specially authorized therfor
by the President of the United States, on the one part, and the
undersigned Delegates of the Choctaw Nation, on the other part:
ARTICLE I. The Choctaw Nation do hereby cede to the United
States all that portion of the land ceded to them by the second
article of the Treaty of Doak Stand, as aforesaid, lying east of
aline beginning on the Arkansas, one hundred paces east of Fort
Smith, and running thence, due south, to Red river: it being understood
that this line shall constitute, and remain, the permanent boundary
between the United States and the Choctaws; and the United States
agreeing to remove such citizens as may be settled on the west side,
to the east side of the said line, and prevent future settlements
from being made on the west thereof.
ART. II. In consideration of the cession aforesaid, the
United States do hereby agree to pay the said Choctaw Nation the
sum of six thousand dollars, annually, forever; it being agreed
that the said sum of six thousand dollars shall be annually applied,
for the term of twenty years, under the direction of the President
of the United States, to the support of schools in said nation,
and extending to it the benefits of instruction in the mechanic
and ordinary arts of life; when, at the expiration of twenty years,
it is agreed that the said annuity may be vested in stocks, or otherwise
disposed of, or continued, at the option of the Choctaw nation.
ART. III . The eighth article of the treaty aforesaid having
provided that an appropriation of lands shall be made for the purpose
of raising six thousand dollars a year for sixteen years, for the
use of the Choctaw Nation; and it being desirable to avoid the delay
and expense attending the survey and sale of said land; the United
States do hereby agree to pay the Choctaw Nation, in lieu thereof,
the sum of six thousand dollars, annually, for sixteen years, to
commence with the present year. And the United States further stipulate
and agree to take immediate measures to survey and bring into market,
and sell, the fifty-four sections of land set apart by the seventh
article of the treaty aforesaid, and apply the proceeds in the manner
provided by the said article.
ART. IV. It is provided by the ninth section of the treaty
aforesaid, that all those of the Choctaw Nation who have separate
settlements, and fall within the limits of the land ceded by said
Nation to the United States, and desire to remain where they now
reside, shall be secured in a tract or parcel of land, one mile
square, to include their improvements. It is, therefore, hereby
agreed, that all who have reservations in conformity to said stipulation,
shall have power, with the consent of the President of the United
States, to sell and convey the same in fee simple. It is further
agreed, on the part of the United States, that those Choctaws, not
exceeding four in number, who applied for reservations, and received
the recommendation of the Commissioners, as per annexed copy of
said recommendation, shall have the privilege, and the right is
hereby given to them, to select, each of them, a portion of land,
not exceeding a mile square, any where within the limits of the
cession of 1820, when the land is not occupied or disposed of by
the United States; and the right to sell and convey the same, with
the consent of the President, in fee simple, is hereby granted.
ART. V. There being a debt due by individuals of the Choctaw
Nation to the late United States' trading house on the Tombigby,
the United States hereby agree to relinquish the same; the Delegation,
on the part of their nation, agreeing to relinquish their claim
upon the United States, to send a factor with goods to supply the
wants of the Choctaws west of the Mississippi, as provided for by
the 6th article of the treaty aforesaid.
ART. VI. The Choctaw nation having a claim upon the United
States, for services rendered in the Pensacola Campaign, and for
which it is stipulated, in the 11th article of the treaty aforesaid,
that payment shall be made, but which has been delayed for want
of the proper vouchers, which it has been found, as yet, impossible
to obtain; the United States, to obviate the inconvenience of further
delay, and to render justice to the Choctaw Warriors for their services
in that campaign, do hereby agree upon a equitable settlement of
the same, and fix the sum at fourteen thousand nine hundred and
seventy-two dollars fifty cents; which from the muster rolls, and
other evidence in the possession of the Third Auditor, appears to
be about the probable amount due, for the services aforesaid, and
which sum shall be immediately paid to the Delegation, to be distributed
by them to the Chiefs and Warriors of their nation, who served in
the campaign aforesaid, as may appear to them to be just.
ART. VII. It is further agreed, that the fourth article
of the treaty aforesaid, shall be so modified, as that the Congress
of the United States shall not exercise the power of apportioning
the lands, for the benefit of each family, or individual, of the
Choctaw Nation, and of bringing them under the laws of the United
States, but with the consent of the Choctaw Nation.
ART. VIII. It appearing that the Choctaws have various claims
against citizens of the United States, for spoliations of various
kinds, but which they have not been able to support by the testimony
of white men, as they were led to believe was necessary, the United
States, in order to a final settlement of all such claims, do hereby
agree to pay to the Choctaw Delegation, the sum of two thousand
dollars, to be distributed by them in such way, among the claimants,
as they may deem equitable. It being understood that this provision
is not to affect such claims as may be properly authenticated, according
to the provision of the act of 1802.
ART. IX. It is further agreed that, immediately upon the
Ratification of this Treaty, or as soon thereafter as may be, an
agent shall be appointed for the Choctaws West of the Mississippi,
and a Blacksmith be settled among them, in conformity with the stipulation
contained in the 6th Article of the Treaty of 1820.
ART. X. The Chief Puck-she-nubbee, one of the members of
the Delegation, having died on his journey to see the President,
and Robert Cole being recommended by the Delegation as his successor,
it is hereby agreed, that the said Robert Cole shall reserve the
medal which appertains to the office of Chief, and, also, an annuity
from the United States, of one hundred fifty years, during his natural
life, as was received by his predecessor.
ART. XI. The friendship heretofore existing between the
United States and the Choctaw Nation, is hereby renewed and perpetuated.
ART. XII. These articles shall take effect, and become obligatory
on the contracting parties, so soon as the same shall be ratified
by the President, by and with the advice and consent of the Senate
of the United States.
The final treaty, the Treaty of Dancing Rabbit Creek, is
dated September 15, 1830, but was not signed by the Choctaw until
September 27, 1830.11 Not more land in the West was available
for trade to the Choctaw; a least, the United States did not want
to trade any more land, although the United States wanted the land
on which the Choctaw Nation lived. President Andrew Jackson sent
two of his most trusted men, Major John H. Eaton, who was secretary
of war, and Colonel John Coffee, to Dancing Rabbit Creek. They were
instructed to ensure that a treaty was signed. Earlier in the year,
in April, Greenwood LeFlore had sent to Washington the draft of
a treaty which he thought the Choctaw might accept. Andrew Jackson
thought it much too favorable to the Choctaw and rejected it.12
By midsummer, a meeting at Dancing Rabbit Creek had been arranged.
The Choctaw were determined not to sign any more treaties, especially
any which would cost them their Mississippi homeland. Dancing Rabbit
Creek was to become thesite of a heated confrontation.
According to the writings of Henry Halbert, which are based
on eye-witness accounts,13 Major Eaton and Colonel Coffee
the U.S. commissioners, arrived at Dancing Rabbit Creek on September
15, 1830, along with approximately 6, 000 Choctaw men, women, and
children, who were soon encamped on the "little creek where the
rabbits dance." The Choctaw leaders, at that time, were Greenwood
LeFlore, Moshulitubbee, and Nittakechi. Greenwood LeFlore and his
people camped on the highest ground, on the Big Rabbit Creek; Moshulitubbee
and his people camped just below LeFlore's people; and Nittakechi
and his people camped below Moshulitubbee. Another Choctaw leader,
Hopaii Iskitini, or Little Leader,14 from just south
of the DeKalb area arrived later with his people and camped on the
Little Rabbit Creek. The setting in which the treaty meeting took
place is described by Halbert. The Choctaw were lined up all along
the Big Rabbit Creek and the Little Rabbit Creek. LeFlore was dressed
in fine civilian clothes. Moshulitubbee wore his blue military uniform
because he, like Pushmataha, had served and obtained rank in the
military service of the United States; he may have felt that his
uniform would have some effect on the uniformed commissioners there,
especially the Secretary of War. Nittakechi dressed in Choctaw clothing;
he wore buckskin, silver ornaments, a crescent on his chest, and
beadwork. The woods along the river were beautiful; there were tall
trees with very little underbrush, so that it was possible to see
great distances through the open forest. In the woods, saloons and
gambling tables were set up inside tents, and plenty of Okahomi,
an alcoholic drink, was available throughout the area. At night
the Choctaw danced. The Christian Indians arrived with Colonel David
Folsom and camped just off the treaty grounds with the missionaries,
because the commissioners had said that there could be no missionaries
on the treaty grounds. Apparently the commissioners feared that
the Christian Indians and missioners would have a negative effect
on treaty negotiations. The commissioners did, however, permit saloons,
gambling tables, and hard drink directly on the treaty grounds;
they were clearly orchestrating the occasion to suit their own interests.
From September 15 to September 18 the commissioners and the Choctaw
prepared for the treaty negotiations.
Saturday, September 18, 11:00 a.m. Commissioners Eaton and
Coffee both addressed the Choctaw people, with Eaton doing most
of the talking. John Pitchlynn, a U.S. interpreter for the Choctaw
tribe, translated Eaton's and Coffee's comments for the Choctaw.
The commissioners stated their objective: removal of the Choctaw
to the western land, which had been Choctaw land since 1820. Monday,
September 20. The Choctaw spent most of the day organizing their
ideas and preparing their representatives for treaty discussion.
Tuesday, September 21. The Choctaw inquired about the terms of the
treaty, and the commissioners promised to meet with them the next
day to "offer them terms such as they hoped would be considered
liberal."15
Wednesday, September 22, 10:00 a.m. The weather was cloudy
when the group convened. The two commissioners and sixty Choctaw
councilmen met and sat in a circle. Seven of the oldest Choctaw
women sat in the center of the circle to listen to the meeting.
The Choctaw women sat in the center of the circle to listen to the
meeting. The Choctaw women were a very important part of the decision-making
process. Even though they did not speak often at meetings, they
talked in the camp beforehand and afterward. They were well respected,
and their attendance at the meeting gave them firsthand information
which could be taken back to the camps for study and discussion
by the people. The Commissioners descrebed the treaty briefly and
presented the written articles to the Choctaw. Killihota, a Choctaw
leader who was accepting of the treaty, spoke in favor of removal
to the western land. Killihota's thinking may have reflected that
of many of the missionaries who favored removal, perhaps because
it would allow them to finish their missionary work; to establish
schools, to prepare the Choctaw for citizenship, and to keep whiskey
and bad influences away from the Choctaw people. By 1830 many white
people had penetrated the lands in the East. Little Leader spoke
against removal; he was very vocal. Later he chose not to remove
with the tribe. He lived and died in Mississippi and is buried in
Mississippi. Moshulitubbee and other leaders spoke against the treaty.
Finally, the Choctaw took a vote by passing a stick around the circle;
only those who struck the ground with the stick registered favor
of the removal idea. Killihota alone struck the ground with the
stick, saying as he did so, "Yakni kanchi lishkeh" (I am for selling
the country). After the vote, Moshulitubbee said "Hakchuma keho
shunka" (Let us all smoke tobacco).16 He passed his silver-mounted
peace pipe around the circle, signaling a time for quiet meditation.
As well as offering a moment for contemplation, smoking of the peace
pipe indicated sincere intentions. The meeting adjourned at 2:00
p.m.
Thursday, September 23, noon. The meeting reconvened and
the Choctaws, now using John Pitchlynn's son, Peter, as an interpreter,
cast a second negative vote. They did not like the removal idea
and wished to remain in Mississippi. Major Eaton, using severe,
intemperate language, responded to their negative vote by threatening
to leave the treaty grounds. During his speech, Major Eaton resorted
to theatrics in an effort to sway the thinking of the Choctaw; he
told the Choctaw that if they refused to enter into a treaty, they
would be at the mercy of the United States, that the president would
march an army into their country, and that if war ensued, it would
ruin the tribe. He told them they should think carefully, because
war would like occur, and they would be ruined.17 Such
coercion was effective; the Choctaw knew that he as Secretary of
War, represented the President of the United States, and they knew
the strength of the U.S. Army because they had helped win the Battle
of New Orleans and the Creek War. Colonel Coffee wanted no part
of the threat, however, and it is recorded in several placed that
he objected to the general approach, which he likened to persuasion
at gunpoint. The Choctaw asked the commissioners not to go back
home; the Indians wanted to talk further with them. The commissioners
did, however, retire from the council meeting.
Friday, September 24. Many of the Choctaw who opposed the
treaty went home, feeling that they had endured enough coercion
and that they had cast a negative vote showing their view of removal.
The Choctaw who remained on the treaty grounds were thus those who
viewed the treaty favorable. On Friday, the commissioners asked
Greenwood LeFlore for help in drafting a treaty. LeFlore promised
to have a new treaty made within twenty-four hours if the commissioners
could agree to some articles that he would add to it. Apparently
LeFlore had been discussing the treaty with the Choctaw, and he
believed that certain additional articles would persuade the Choctaw
to sign.18 The articles he wanted to add would allot
land to each head of family who chose to remain in Mississippi.
Saturday, September 25, 11:00a.m. The treaty with the new provisions
was read aloud. It spelled out for the first time the terms under
which individual Choctaw could stay in the East and could become
Mississippi citizens. Article 14 contained the significant provision.
It stated:
Each Choctaw head of family being desirous to remain and
become a citizen of the States, shall be permitted to do so, by
signifying his intention to the Agent within six months from the
rarification of this Treaty, and he or she shall thereupon be entitled
to a reservation of one section of six hundred and forty acres of
land, to be bounded by sectional lines of survey; in like manner
shall be entitled to one half that quantity for each unmarried child
which is living with him over ten years of age; and a quarter section
to such child as may be under ten years of age, to adjoin the location
of the parent. If they reside upon said lands intending to become
citizens of the state for five years after the ratification of this
treaty , in that case a grant in fee simple shall issue; said reservation
shall include the present improvement of the head of the family,
or a portion of it. Persons who claim under this article shall not
lose the privilege of a Choctaw citizen, but if they ever remove
are not to be entitled to any portion of this Choctaw annuity.19
Article 14 was somewhat palatable to the Choctaw because
it appeared to provide a way for Indians to remain in Mississippi
if they wished, without pressure to leave, and the commissioners
liked the stipulation that Choctaw who remained in Mississippi would
be yielding to state law as citizens of Mississippi. Obviously,
Eaton and Coffee did not think that many Choctaw would want to stay,
so they did not view this option as significant. They were wrong.
Hundreds of Choctaw wanted to stay and register for land allotments;
and an even larger number of Choctaw wanted to remain in Mississippi
but were unable to register for land because of Agent Ward's carelessness.
The remaining additions to the treaty, articles 15 through 22, granted
special land allowances to chiefs and other individuals who were
directly associated with the tribe, provided small annuities to
various individuals, and gave assurance that the Choctaw who chose
to remove to Oklahoma would do so at the expense of the United States
" and under the care of discreet and careful persons, who will be
kind and brotherly to them. They agree to furnish them with ample
corn and beef, or pork, for themselves and families for twelve months
after reaching their new homes."20 Sunday, September
26. Negotiations took place between the chiefs and various captains
and officials. Names were added to the proposed terms to ensure
that special land allotments went to the appropriate persons.
Monday, September 27, noon. The council meeting reconvened.
Secretary of War Eaton spoke to the group, and he painted a very
dark picture. He told them that if they did not sign the treaty,
the President of the United States would laugh at their calamities.
Continuing to use coercion, Eaton told the Choctaw that the United
States would offer them no protection at all unless they agreed
to the terms of the treaty.21 One hour later, at 1:00
p.m., the Choctaw signed the Treaty of Dancing Rabbit Creek..
Tuesday, September 28. The supplementary articles were signed,
and the commissioners left at 4:00 p.m. that day. According to Halbert,
"Intimidation and moral coercion simply made the Treaty of Dancing
Rabbit."22
On February 24, 1831, the U.S. Senate rarified all but the
preamble to the treaty. The preamble was not ratified because it
stated that the United States had no power over the laws of the
state of Mississippi.
After the signing of the Treaty of Dancing Rabbit Creek,
the Choctaw who wanted to remain in Mississippi registered for 500
square miles of land. Figures 2 and 3, maps of Lauderdale and Neshoba
counties, show the amount of land allotted to the Choctaw who registered
there. Many more sections, and parts of sections, would doubtless
have been applied for if Agent Ward had behaved less carelessly;
he was not in his office regularly, and he merely passed around
the registration book, letting people take it home overnight if
they wanted to see who had signed up. Quite possible, if one person
had signed up for land that others wanted, they could simply remove
the page in question. Agent Ward seemed little concerned with his
responsibilities in the matter. It thus became difficult for the
Choctaw to register for the land promised them under article 14.
In addition to the registration problems, the Choctaw were
harrassed; one Choctaw claimed that, when he reached his little
cabin, he was met by a white man, who stood on the porch with a
gun in his hand.23 Pressure continued to be applied to
the Indians, with the common man reflecting on the attitudes of
Andrew Jackson's leadership. To thesettlers, force was no stranger..
During the five years that the Choctaw were required to live on
their land in order to receive full title to it, companies were
set up to defraud them in one way or another. These companies gained
possession of the sections which had been awarded to the Choctaw
through registration by allowing the Choctaw to accumulate debts
which could be traded for land, by making them drunk-in short, by
resorting to any means available. Of the 500 square miles of land
allotted to Choctaw families under the Treaty of Dancing Rabbit
Creek, not a single section has remained in Choctaw ownership.
TREATY WITH THE CHOCTAWS, 1830.
A treaty of perpetual friendship, cession and limits, entered
into by John H. Eaton and John Coffee, for and in behalf of the
Government of the United States, and the Mingoes, Chiefs, Captains
and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit
Creek, on the fifteenth of September, in the year eighteen hundred
and thirty.
WHEREAS the General Assembly of the State of Mississippi
has extended the laws of said State to persons and property within
the chartered limits of the same, and the President of the United
States has said that he cannot protect the Choctaw people from the
operation of these laws; Now therefore that the Choctaw may live
under their own laws in peace with the United States and the State
of Mississippi they have determined to sell their lands east of
the Mississippi and have accordingly agreed to the following articles
of treaty:
ARTICLE I. Perpetual peace and friendship is pledged and
agreed upon by and between the United States and the Mingoes, Chiefs,
and Warriors of the Choctaw Nation of the Red People; and that this
may be considered the Treaty existing between the parties all other
Treaties heretofore existing and inconsistent with the provisions
of this are hereby declared null and void.
ART. II. The United States under a grant specially to be
made by the President of the U.S. shall cause to be conveyed to
the Choctaw Nation a tract of country west of the Mississippi River,
in fee simple to them and their descendants, to inure to them while
they shall exist as a nation and live on it, beginning near Fort
Smith where the Arkansas boundary crosses the Arkansas River, running
thence to the source of the Canadian fork; if in the limits of the
United States, or to those limits; thence due south to Red River,
and down Red River to the west boundary of the Territory of Arkansas;
thence north along that line to the beginning. The boundary of the
same to be agreeably to the Treaty made and concluded at Washington
City in the year 1825. The grant to be executed so soon as the present
Treaty shall be ratified.
ART. III. In consideration of the provisions contained in
the several articles of this Treaty, the Choctaw nation of Indians
consent and hereby cede to the United States, the entire country
they own and possess, east of the Mississippi River; and they agree
to move beyond the Mississippi River, early as practicable, and
will so arrange their removal, that as many as possible of their
people not exceeding one half of the whole number, shall depart
during the falls of 1831 and 1832; the residue to follow during
the succeeding fall of 1833; a better opportunity in this manner
will be afforded the Government, to extend to them the facilities
and comforts which it is desirable should be extended in conveying
them to their new homes.
ART. IV. The Government and people of the United States
are hereby obliged to secure to the said Choctaw Nation of Red People
the jurisdiction and government of all the persons and property
that may be within their limits west, so that no Territory or State
shall ever have a right to pass laws for the government of the Choctaw
Nation of Red People and their descendants; and that no part of
the land granted them shall forever be embraced in any capital Territory
or State; but the U.S. shall forever secure said Choctaw Nation
from, and against, all laws except such as from time to time may
be enacted in their own National Councils, not inconsistent with
the Constitution. Treaties, and Laws of the United States; and except
such as may, and which have been enacted by Congress, to the extent
that Congress under the Constitution are required to exercise a
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 punishing by their own laws, any white man who shall
come into their nation, and infringe any of their national regulations.
ART. V. The United States are obliged to protect the Choctaws
from 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 demand upon the U.S. for defense or for wrongs
committed by an enemy, on a citizen of the U.S. shall be equally
binding in favor of the Choctaws, and in all cases where the Choctaws
shall be called upon by a legally authorized officer of the U.S.
to fight and enemy, such Choctaw shall receive the pay and other
emoluments, which citizens of the U.S. receive in such cases, provided,
no war shall be undertaken or prosecuted by said Choctaw Nation
but by declaration made in full Council, and to be approved by the
U.S. unless it be in self defense against an open rebellion or against
an enemy marching into their country, in which cases they shall
defend, until the U.S. are advised thereof.
ART. VI. Should a Choctaw or any party of Choctaws commit
acts of violence upon the person or property of a citizen of the
U.S. or join any war party against any neighboring tribe of Indians,
without the authority in the preceding article; and except to oppose
an actual or threatened invasion or rebellion, such persons so offending
shall be delivered up to an officer of the U.S. if in the power
of the Choctaw Nation, that such offender may be punished as may
be provided in such cases, by the laws of the U.S.; but if such
offender is not within the control of the Choctaw Nation, then said
Choctaw Nation shall not be held responsible for the injury done
by said offender.
ART. VII. All acts of violence committed upon persons and
property of the people of the Choctaw Nation either by citizens
of the U.S. or neighboring Tribes of Red People, shall be referred
to some authorized Agent by him to be referred to the President
of the U.S. who shall examine into such cases and see that every
possible degree of justice is done to said Indian party of the Choctaw
Nation.
ART. VIII. Offenders against the laws of the U.S. or any
individual State shall be apprehended and delivered to any duly
authorized person where such offender may be found in the Choctaw
country, having fled from any part of U.S. but in all such cases
application must be made to the Agent or Chiefs and the expense
of his apprehension and delivery provided for and paid by the U.
States.
ART. IX. Any citizen of the U.S. who may be ordered from
the Nation by the Agent and constituted authorities of the Nation
and refusing to obey or return into the Nation without the consent
of the aforesaid persons, shall be subject to such pains and penalties
as may be provided by the laws of the U.S. in such cases. Citizens
of the U.S. traveling peaceably under the authority of the laws
of the U.S. shall be under the care and protection of the nation.
ART. X. No person shall expose goods or other article for
sale as a trader, without a written permit from the constituted
authorities of the Nation, or authority of the laws of the Congress
of the U.S. under penalty of forfeiting the Articles, and constituted
authorities of the Nation shall grant no license except to such
persons a reside in the Nation and are answerable to the laws of
the Nation. The U.S. shall be particularly obliged to assist to
prevent ardent spirits from being introduced into the Nation.
ART. XI. Navigable streams shall be free to the Choctaws who shall
pay no higher toll or duty than citizens of the U.S. It is agreed
further that the U.S. shall establish one or more Post Offices in
said Nation, and may establish such military post roads, and posts,
as they may consider necessary.
ART. XII. All intruders shall be removed from the Choctaw Nation
and kept without it. Private property to be always respected and
on no occasion taken for public purposes without just compensation
being made therefor to the rightful owner. If an Indian unlawfully
take or steal any property from a white man a citizen of the U.S.
the offender shall be punished. And if a white man unlawfully take
or steal any thing from an Indian, the property shall be restored
and the offender punished. It is further agreed that when a Choctaw
shall be given up to be tried for any offence against the laws of
the U.S. if unable to imply counsel to defend him, the U.S. will
do it, that his trial may be fair and impartial.
ART. XIII. It is consented that a qualified Agent shall
be appointed for the Choctaws every four years, unless sooner removed
by the President; and he shall be removed on petition of the constituted
authorities of the Nation, the President being satisfied there is
sufficient cause shown. The Agent shall fix his residence convenient
to the great body of the people; and in the selection of an Agent
immediately after the ratification of this Treaty, the wishes of
the Choctaw Nation on the subject shall be entitled to great respect.
ART. XIV. Each Choctaw head of a family being desirous to
remain and become a citizen of the States, shall be permitted to
do so, by signifying his intention to the Agent within six months
from the ratification of this Treaty, and he or she shall thereupon
be entitled to a reservation of one section of six hundred and forty
acres of land, to be bounded by sectional lines of survey; in like
manner shall be entitled to one half that quantity for each unmarried
child which is living with him over ten years of age; and a quarter
section to such child as may be under 10 years of age, to adjoin
the location of the parent. If they reside upon said lands intending
to become citizens of the States for five years after the ratification
of this Treaty, in that case a grant in fee simple shall issue;
said reservation shall include the present improvement of the head
of the family, or a portion of it. Persons who claim under this
article shall not lose the privilege of a Choctaw citizen, but if
they ever remove are not to be entitled to any portion of the Choctaw
annuity.
ART. XV. To each of the Chiefs in the Choctaw Nation (to
wit) Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted
a reservation of four sections of land, two of which shall include
and adjoin their present improvement, and the other two located
where they please but on unoccupied unimproved lands, such sections
shall be bounded by sectional lines, and with the consent of the
President they may sell the same. Also to the three principal Chiefs
and to their successors in office there shall be paid two hundred
and fifty dollars annually while they shall continue in their respective
offices, except to Mushulatubbe, who as he has an annuity of one
hundred and fifty dollars for life under a former treaty, shall
receive only the additional sum of one hundred dollars, while he
shall continue in office as Chief: and if in addition to this the
Nation shall think proper to elect and additional principal Chief
of the whole to superintend and govern upon republican principles
he shall receive annually for his services five hundred dollars,
which allowance to the Chiefs and their successors in office, shall
continue for twenty years. At any time when in military service,
and while in service by authority of the U.S. the district Chiefs
under and by selection of the President shall be entitled to the
pay of Majors; the other Chief under the same circumstances shall
have the pay of a Lieutenant Colonel. The Speakers of the three
districts, shall receive twenty-five dollars a year for four years
each; and the three secretaries one to each of the Chiefs, fifty
dollars each for four years. Each Captain of the Nation, the number
not to exceed ninety-nine, thirty-three from each district, shall
be furnished upon removing to the West, with each a good suit of
clothes and a broad sword as an outfit, and for four years commencing
with the of their removal, shall each receive fifty dollars a year,
for the trouble of 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.
ART. XVI. In wagons; and with steam boats as may be found
necessary - the U.S. agree to remove the Indians to their new homes
at their expense and under the care of discreet and careful persons,
who will be kind and brotherly to them. They agree to furnish them
with ample corn and beef, or pork 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 the valuation of some
discreet person to be appointed by the President, and the same shall
be paid for in money after their arrival at their new homes; or
other cattle such as may be desired shall be furnished them, notice
being given through their Agent of their wishes upon this subject
before their removal that time to supply the demand may be afforded.
ART. XVII. The several annuities and sums secured under
former Treaties to the Choctaw nation and people shall continue
as though this Treaty had never been made. And it is further agreed
that the U.S. in addition will pay the sum of twenty thousand dollars
for twenty years, commencing after their removal to the west, of
which, in the first year after their removal, ten thousand dollars
shall be divided and arranged to such as may not receive reservations
under this Treaty.
ART. XVIII. The U.S. shall cause the lands hereby ceded
to be surveyed; and surveyors may enter the Choctaw Country for
that purpose, conducting themselves properly and disturbing or interrupting
non of the Choctaw people. But no person is to be permitted to settle
within the nation, or the lands to be sold before the Choctaws shall
remove. And for the payment of the several amounts secured in this
Treaty, the lands hereby ceded are to remain a fund pledged to that
purpose, until the debt shall be provided for and arranged. And
further it is agreed, that in the construction of this Treaty wherever
well founded doubt shall arise, it shall be construed most favorably
towards the Choctaws.
ART. XIX. The following reservations of land are hereby
admitted. To Colonel David Fulsom four sections of which two shall
include his present improvement, and two may be located elsewhere,
on unoccupied, unimproved land.
To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn,
Charles Juzan, Johokebetubbe, Eaychahobia, Ofehoma, two sections,
each to include their improvements, and to be bounded by sectional
lines, and the same may be disposed of and sold with the consent
of the President. And that 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
Forty in number, who during the present year, may have had in actual
cultivation, with a dwelling house thereon fifty acres or more.
Secondly, three 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 that fifty, to be
bounded by quarter section lines of survey, and to be contiguous
and adjoining.
Third: One half section as aforesaid to those who shall have
cultivated from twenty to thirty acres the number not to exceed
four hundred.
Fourth; a quarter section as aforesaid to such as shall have
cultivated from twelve to twenty acres, the number not to exceed
three hundred and fifty, and one half that quantity to such as
shall have cultivated from two to twelve acres, the number also
not to exceed three hundred and fifty persons. Each of said class
of cases shall be subject to the limitations contained in the
first class, and shall be 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 reservations under the
several classes of this article, than is stipulated for under
the limitation prescribed, then and in that case the Chiefs separately
or together shall determine the
Fifth: Any Captain the number not exceeding ninety persons, who
under the provisions of this article shall receive less that a
section, he shall be entitled, to an additional quantity of half
a section adjoining to his other reservation. The several reservations
secured under this article, may be sold with the consent of the
President of the U.S. but should any prefer it, or omit to take
a reservation for the quantity he may be entitled to, the U.S.
will be on his removing pay fifty cents an acre after reaching
their new homes, provided that before the first of January next
they shall adduce to the Agent, or some other authorized person
to be appointed, proof of his claim and the quantity of it.
Sixth: likewise children of the Choctaw Nation residing in the
Nation, who have neither father or mother a list of which , with
satisfactory proof of Parentage and orphanage being filed with
Agent in six months to be forwarded to the War Department, shall
be entitled to a quarter section of Land, to be located under
the direction of the President, and with his consent the same
may be sold and the proceeds applied to some beneficial purpose
for the benefit of said orphans.
ART. XX. The U.S. agree and stipulate as follows, that for
the benefit and advantage of the Choctaw people, and to improve
their condition, their shall be educated under the direction of
the President and at the expense of the U.S. forty Choctaw youths
for twenty years. This number shall be kept at school, and as they
finish their education others, to supply their places shall be received
for the period stated. The U.S. agree also to erect a Council House
for the Nation at some convenient central point, after their people
shall be 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 build others; and for these purposes
ten thousand dollars shall be appropriated; also fifty thousand
dollars (viz.) Twenty-five hundred dollars annually shall be given
for the support of three teachers of schools for twenty years. Likewise
there shall be furnished to the Nation, three Blacksmiths one for
each district for sixteen years, and a qualified Mill Wright for
five years; Also there shall be furnished the following articles,
twenty-one hundred blankets, to each warrior who emigrates a rifle,
moulds, wipers and ammunition. One thousand axes, ploughs, hoes,
wheels and cards each; and four hundred looms. There shall also
be furnished, one ton of iron and two hundred weight of steel annually
to each District for sixteen years.
ART. XXI. A few Choctaw Warriors yet survived who marched
and fought in the army with General Wayne, the whole number stated
not to exceed twenty.
These it is agreed shall hereafter, while they live receive
twenty-five dollars a year; a list of them to be early as practicable,
and within six months, made out, and presented to the Agent, to
be forwarded to the War Department.
ART. XXII. The Chiefs of the Choctaws who have suggested
that their people are in a state of rapid advancement in education
and refinement, and have expressed a solicitude that they might
have the privilege of a Delegate on the floor of the House of Representatives
extended to them. The Commissioners do not feel that they can under
a treaty stipulation accede to the request, but at their desire,
present it in the Treaty, that Congress may consider of, and decide
the application.
SUPPLEMENTARY ARTICLES TO THE PRECEDING TREATY.
Various Choctaw persons have been presented by the Chiefs
of the nation, with a desire that they might be provided for. Being
particularly deserving, and earnestness has been manifested that
provision night be made for them. It is therefore by the undersigned
commissioners here assented to, with the understanding that they
are to have no interest in the reservations which are directed and
provided for under the general Treaty to which this is a supplement.
As evidence of the liberal and kind feelings of the President and
Government of the United States the Commissioners agree to the request
as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G.W. Harkins,
Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James, Joel
H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore,
and Allen Yates and wife shall be entitled to a reservation of two
sections of land each to include their improvement where they at
present reside, with the exception of the three first named persons
and Benjamin Laflore, who are authorized to locate one of their
sections on any other unimproved and unoccupied land, within their
respective districts.
ART. II. And to each of the following person there is allowed
a reservation of a section and a half of land, (to wit) James L.
McDonald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn
Brashears, R. Harris , Little Leader, S. Foster, J. Vaughn, L. Durans,
Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Thomas Garland,
John Bond, William Laflore, and Turner Brashears, the two first
named persons, may locate one section each, and one section jointly
on any unimproved and unoccupied land, these not residing in the
Nation; The others are to include their present residence and improvement.
Also one section is allowed to the following persons (to
wit) Middleton Mackey, Wesley Train, Choclehomo, Moses Foster, D.W.
Wall, Charles Scott, Molly Nail, Susan Colbert, who was formerly
Susan James, Samuel Garland, Silas Fisher, D. McCurtain, Oklahoma,
and Polly Fillecuthey, to be located in entire sections to include
their present residence and improvement, with the exception of Molly
Nail and Susan Colbert, who are authorized to locate theirs, on
any unimproved unoccupied land.
John Pitchlynn has long and faithfully served the nation
in character of U. States Interpreter, he has acted as such for
forty years, in consideration it is agreed, in addition to what
has been done for him there shall be granted to two of his children,
(to wit) Silas Pitchlynn, and Thomas Pitchlynn one section of land
each, to adjoin the location of their father; likewise to James
Madison and Peter sons of Mushulatubbee one section of land each
to include the old house and improvement where their father formerly
lived on the old military road adjoining a large Prerarie. And to
Henry Groves son of the Chief Natticache there is one section of
land given to adjoin his father's land.
And to each of the following persons half a section of land
is granted on any unoccupied and unimproved lands in the Districts
where they respectively live (to wit) Willis Harkins, James D. Hamilton,
William Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel
Worcester, George Hunter, William Train, Robert Nail and Alexander
McKee.
And there is given a quarter section of land each to Delila
and her five fatherless children, she being a Choctaw woman residing
out of the nation; also the same quantity to Peggy Trihan, another
Indian woman residing out of the nation and her two fatherless children;
and to the widows of Pushmilaha, and Pucktshenubbee, who were formerly
distinguished Chiefs of the nation and for their children four quarter
sections of land, each in trust for themselves and their children.
All of said last mentioned reservations are to be located
under and by direction of the president of the U. States.
ART. III. The Choctaw people now that they have ceded their
lands are solicitous to get to their new homes early as possible
and accordingly they wish that a party may be permitted to proceed
this fall to ascertain whereabouts will be most advantageous for
their people to be located.
It is therefore agreed that three or four persons (from
each of the three districts) under the guidance of some discreet
and well qualified person or persons may proceed during this fall
to the West upon an examination of the country.
For their time and expenses the U. States agree to allow
the said twelve persons two dollars a day each, not to exceed one
hundred days, which is deemed to be ample time to make an examination.
If necessary, pilots acquainted with the country will be furnished
when they arrive in the West.
ART. IV. John Donly of Alabama who has several Choctaw grand
children, and who for twenty years has carried the mail through
the Choctaw Nation, a desire by the Chiefs is expressed that he
may have a section of land, it is accordingly granted, to be located
in one entire section, on any unimproved and unoccupied land. Allen
Glover and George S. Gaines licensed Traders in the Choctaw Nation,
have accounts amounting to upwards of nine thousand dollars against
the Indians who are unable to pay their said debts without distressing
their families; a desire is expressed by the Chiefs that two sections
of land be set apart to be sold and the proceeds thereof to be applied
toward the payment of the aforesaid debts. It is agreed that two
sections of any unimproved and unoccupied land be granted to George
S. Gaines who will sell the same for the best price he can obtain
and apply the proceeds thereof to the credit of the Indians on their
accounts due to the before mentioned Glover and Gaines; and shall
make the application the poorest Indian first.
At the earnest and particular request of the Chief Greenwood
Laflore there is granted to David Haley one half section of land
to be located in a half section on any unoccupied and unimproved
land as a compensation, for a journey to Washington City with dispatches
to the Government and returning others to the Choctaw Nation.
1. C.J. Kappler, comp. And ed., Indian Treaties: 1778-1883 (New
York: International 1972). This compilation-the standard source-was
originally published as Indian Affairs, Laws, and Treaties (Washington,
D.C., U.S. Government Printing Office); the second edition appeared
in 1904. It includes the texts of ratified treaties with the appropriate
statute laws and preceding treaties. It has been reprinted in parts
by private presses. George fay has gathered them together by tribes
and has issued them in mimeograph form as publication of the University
of Northern Colorado Miscellaneous Series or Ethnology Series. The
Institute for the Development of Indian Law, 937 Fifteenth St. NW,
Washington, D.C., has also published treaties by tribes, reprinting
Kappler with notes and comments. Other useful earlier compilations
are those in Indian Treaties and Laws and Regulations Relating to
Indian Affairs (Washington, D.C., 1826); Treaties between the United
States of America and the Several Indian Tribes (Washington, D.C.,
1837); and A Compilation of All the Treaties (Washington, D.C.,
1873). Early agreements may be found in the two volumes of American
State Papers: Indian Affairs,. Microfilm editions of treaties in
the National Archives (RG 11) are titled Ratified Indian Treaties,
1722-1869, M668, sixteen rolls, and Documents Relating to the Negotiations
of Ratified and Unratified Treaties with Various Indian Tribes,
1801-1869, T494 (from RG 75), ten rolls. Both of these microfilm
series are in the Newberry Library. See also A.H. deRosier, The
Removal of the Choctaw Indians (Knoxville: University of Tennessee
Press, 1970); A. Debo, A History of the Indians of the United States
(Norman: University of Oklahoma Press, 1970); R. Ferguson, comp.,
"A Choctaw Chronology," mimeograph (Nashville: Tennessee Archaeological
Society, 1962). A copy of each treaty is also contained in Vine
Deloria, Jr., comp., Treaties and Agreements of the Five Civilized
Tribes (Washington, D.C.: Institute of the Development of Indian
Law, n.d.).
2. Robert S. Cotterill, The Southern Indians: The Story of the
Five Civilized Tribes Before Removal (Norman: University of Oklahoma
Press, 1954), p. 134. See also Kappler.
3. Anna Lewis, Chief Pushmataha: American Patriot (New York: Exposition
Press, 1959), p. 48.
4. Kappler, p. 47.
5. The spelling of hoe buckintoopa varies from source to source:
spellings include: hoe-buckin-too-pa, ho-buckin-pa, hoe buckintoopa,
hobak itopa (using the current Choctaw orthography).
6. H.B. Cushman, History of the Choctaw, Chickasaw, and Natchez
Indians (1899; reprint, New York: Russell and Russell, 1972).
7. G.H. Ethridge, "The Treaty of Doak's Stand-Coercion and Negotiation-Indian
Chiefs Engaged-Pushmataoha's Diplomacy," Clarion Ledger, March 12,
1939; R.S. Cotterill, The Southern Indians: The Story of the Civilized
Tribes before Removal (Norman: University of Oklahoma Press, 1954),
p. 209.
8. T.L. McKenney and J. Hall, History of the Indian Tribes of North
America, edited by Frederick W. Greennough (New York, 1883), vol
1; A. Lewis, Chief Pushmataha: American Patriot--The Story of the
Choctaws' Struggle for Survival (New York: Exposition Press, 1959).
The spelling of "Apushmataha" varies, depending on the source, and
includes "Apushimataha," and "Pushmataha."
9. Gideon Lincecum, "Life of Apushmataha," Mississippi Historical
Society, 9 (1905- 1906), p. 422; K.C. Turner, Red Man Calling on
the Great White Father (Norman: University of Oklahoma Press, 1951),
p. 149.
10. Kappler, p. 149.
11. Kappler; also see G. S. Gaines, Removal of the Choctaws, Alabama
State Department of Archives and History Historical and Patriotic
Series, No. 10 (Birmingham Printing, 1928), pp. 10 - 24 : HS Halbert,
"Story of the Treaty of Dancing Rabbit, "Mississippi Historical
Society, 5 (1902), pp. 373 - 402.
12. A. H. DeRosier, Jr., "Andrew Jackson and Negotiations for the
Removal of the Choctaw Indians," Historian, 29 (May 1976), pp. 99-106.
13. Halbert, pp. 373-402; Gaines, pp. 10-24; A.W. Dillard, "The
Treaty of Dancing Rabbit Creek between the United States and the
Choctaw Indians in 1830," Alabama Historical Society, Transactions,
3 (1899), pp. 99-106.
14. The names of the Choctaw leaders are spelled as they appear
in Halbert's "Story of the Treaty of Dancing Rabbit;" depending
on the source, these names may be spelled in a variety of ways:
Leflore, Moshulatubbee, Mo-shu-li-tub-bee, Mushulatubbee, Nittakechi,
Nittakechi, Hopaii, Iskitini, Hopiaisketina.
15. Halbert, p. 381.
16. Ibid., pp. 383, 387.
17. Ibid., pp. 388-389.
18. Mrs. N. D. Deupree, "Greenwood Le Flore," Mississippi Historical
Society, 7 (1903), pp. 141-151. This article provides a sketch of
the life of Leflore, including some of his personal characteristics.
19. Kappler, 1972.
20. Ibid.
21. Halbert, p. 395.
22. Ibid., p. 396.
23. P. Coe,"Choctaw Saga: White Man on Porch, Shotgun in Hand,"
Indian Affairs, 34 (1959).
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