Treaty with the Choctaws, 1830
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.