Note- this edition of the Phoenix is printed in four columns only.
A treaty of perpetual friendship, cession, and limits, entered into by John H. Eaton 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 15th September, in the year 1830.
Whereas the general assembly of the State of Mississippi has extended the laws of said State on persons and property within the chartered limits of the same; and the President of the United States says he cannot protect the Choctaw people from the operation of these laws; now therefore that the Choctaws 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 River, and have agreed to the following articles.
Perpetual peace and friendship is pledged by and between the United States, and the Mingoes Chiefs Warriors and Captains of the Choctaw Nation of red people, and that this may be considered the only treaty between the parties all other treaties are hereby declared null and void.
The United States under a grant specially to be made by the President of the United States, shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River. 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 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 agreeable 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.
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 remove beyond the Mississippi River as 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 1831 and 1832, the residue to follow during the fall of 1833, a better opportunity will in this manner be afforded the government to extend to them the facility and comforts which it is desirable should be extended in conveying them to their new homes.
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 laws granted them shall ever be enforced in any territory or state; but the United States shall forever secure said nation from and against all laws except such as may from time to time 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 have been enacted by congress to the extent that Congress under the constitution is required to exercise a legislation over Indian affairs--But the Choctaws should this treaty be ratified, express a wish that Congress should grant to the Choctaws the right of punishing by their own laws any white man who shall come into the Nation and infringe any of their national regulations.
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 United States for defense, or for wrongs committed by an enemy on a citizen of the United States shall be equally binding in favor of the Choctaws, and in all cases where the Choctaws shall be called on by a legally authorized officer of the United States to fight an enemy such Choctaws shall receive the pay and other emoluments which citizens of the United States 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 United States unless it be in self defence against an open rebellion or against an enemy marching into their country, in which case they shall defend until the United States are apprised thereof.
Should a Choctaw, or any party of Choctaws commit acts of violence upon the person or property of a citizen of the United States, 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 person so offending, shall be delivered to an officer of the United States 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 United States. 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.
All acts of violence committed upon persons and property of the people of the Choctaw Nation, either by citizens of the United States, or by neighboring tribes of Indians, shall be referred to some authorized agent by him to be referred to the President of the United States, who shall examine into such cases and see that every possible degree of justice is done to said Indian party by the Choctaw Nation.
Offenders against the laws of the United States 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 the United States. But in all such cases, application must be made to the agent or chief, and the expense of his apprehension and delivery provided for and paid by the United States.
Any citizen of the United States who may be ordered from the Nation by the agent, and constituted authority of the Nation and refusing to obey, or shall return in to the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as shall be provided for by the laws of the U. States in such cases. Citizens of the United States travelling peaceably under the authority of the laws of the United States shall be under the care and protection of the Nation.
No person shall expose goods or other articles for sale, as a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the United States Congress: under the penalty of forfeiting such articles. And the constituted authorities shall grant no such license, except to those who reside in the Nation, and are answerable to the laws of the Nation. The United States shall be particularly obliged to assist to prevent ardent spirits from being introduced into the Nation.
Navigable streams shall be free to the Choctaws who shall pay no higher toll or duty than citizens of the United States. It is agreed further that the United States shall establish one or more post offices in said Nation, and may establish such military post roads and posts as they may consider necessary.
All intruders shall be removed from the Nation and kept without it, private property always to be respected and on no occasion to be taken for public purposes without just compensation being made therefore to the rightful owner. If any Indian unlawfully takes or steals any property from any white man a citizen of the United States, the offender shall be punished. And if a white man unlawfully takes or steals anything from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be taken up to be tried- for offense against the laws of the United States if unable to employ council to defend him, the United States shall do it, that his trial shall be impartial.
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 qualified authorities of the Nation, the President being satisfied that 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 the treaty, the wish of the Choctaw Nation the subject shall be entitled to great respect.
Each Choctaw head of a family being desirous to remain and become citizen of the State shall be permitted to do so by signifying his intention to the agent within six months from the ratification of this treaty and he shall then be entitled to a reservation of one section of 640 acres of land, to be bound by sectional lines as survey in like manner, he shall be entitled to one half of that quantity for each unmarried child which is living with him over ten years of age, and a quarter section to such children as may be under ten years of age, to adjoin the location of the parents, if they reside upon said lands intending to become citizens of the United 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 wishing to claim under the article shall not lose the privilege of Choctaw citizenship, but if they ever remove are not to be entitled to any portion of the Choctaw annuity.
To each of the Chiefs in the Choctaw Nation to wit: Greenwood, Laflore, Netuckachee, Mushulatubbee, granted a reservation of four section of land two of which shall include and adjoin their present improvements and the other two located where they please but on unoccupied unimproved land, such sections shall be bounded by sectional lines and with the consent of the President they may sell the same. Also to the principal Chiefs and their successors in office there shall be paid two hundred dollars annually whilst they shall continue in their respective offices except to Mushulatubbee, 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 whilst he shall continue in office as chief--and in addition to this if the nation should think proper to elect an 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 while in military service by authority of the United States, 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 Lieutenant Colonel.
The speakers of the three districts shall receive twenty five dollars a year for four years, each, and three secretaries one to each of the chiefs fifty dollars for four years, each captain of the nation the number not to exceed 99----33 from each district shall be furnished upon moving west with each a good suit of clothes and a broad sword as an outfit and for four years commencing with their removal shall each receive 50 dollars a year for their trouble for keeping their people in order in settling, and whenever they shall be in military service by the authority of the United States shall receive the pay of captains.
The United States agree to remove the Indians to their homes in wagons or with steam boats as may be found necessary at their expense and under the care of discreet and careful persons, and they agree to furnish them with ample corn and beef or port for themselves and families for twelve months after reaching their homes.--- It is agreed further that the United States will take all the cattle at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money 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 on the subject before their removal that these may be given to supply their demand.
The several annuities and sums secured under former treaties to the Choctaw Nation shall continue as though this treaty had never been made, and it is further agreed that the United States, in addition will pay the sum of $20,000 for twenty years---commencing after their removal to the West of which in the first after their removal 10,000 shall be divided and arranged to such as may not receive reservations under this treaty.
The United States shall cause the lands ceded to be surveyed and surveyors may enter the Choctaw Country for that purpose conducting themselves properly and not disturbing or interrupting any of the Choctaw people, but no person is to be permitted to settle within the Nation or on the lands to be sold before the Choctaws move 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 it is further agreed that in the construction of this treaty wherever a well founded doubt shall arise it shall be construed most favorably towards the Choctaws.
The following reservation of lands are hereby admitted to Colonel David Folsom, four sections, two of which shall included his present improvement, and two may be located elsewhere, on any unoccupied unimproved land. To J. Garland, Col. Robert Cole, Tuppanahomer, John Pytchlan, Charles Juzan, Fokeletubbe, Eachahubleoffahoma, two sections each, to include their improvements, and to bounded by section 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: 1st, one section to each head of family, not exceeding forty in number, who, during the present may have had in actual cultivation, with a dwelling house thereon, fifty acres or more: 2d. three fourths after the manner aforesaid to each head of a family not exceeding 460, as shall have had in cultivation thirty acres and less than fifty, to be bound by quarter section lines of survey, and to be contiguous and adjoining: 3d. one half section as aforesaid, to those who shall have cultivated from twenty to thirty acres, the number not to exceed 400; 4th. a quarter section as aforesaid to each, as shall have cultivated from twelve to twenty acres, the number not to exceed 850, and one-half the quantity to such as shall have cultivated from two to twelve acres, the number also not to exceed 350 persons. Each of the 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 improvements 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 stipulations prescribed, then in that case, the chiefs separately and together shall determine the persons who shall be excluded in their respective districts. 5th. any captain the number not to exceed 90 persons, who under the provisions of this article shall remain less than a section, shall be entitled to an additional quantity of a half section adjoining to his other reservation. The several reservations secured under this article may be sold with the consent of the President of the United States---but should any prefer it or omit to take a reservation for the quantity to be entitled to, the United States will, on his removal pay fifty cents an acre, after reaching their new homes; provided that before the first day January next, they shall adduce to the agent, or some other authorized person to be appointed proof of his claim and the quantity of its 6th, likewise. children of Choctaw parents residing in the Nation who have neither father nor mother a list of which, with satisfactory proof of parentage and orphanage, being filed with the agent within 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.
The U. S. agree and stipulate as follows, that for the benefit and advantage of the Choctaw people, and to improve their condition, there shall be educated under the direction of the President, and at the expense of the United States, 40 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 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 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, to wit, 2500 annually shall be given for the support of three teachers of schools, for 20 years; likewise, there shall be furnished to the Nation, 3 blacksmiths one for each district, for 16 years, and a qualified mill- wright , for 5 years; also, there shall be furnished the following articles---2100 blankets. To each warrior who emigrates, a rifle moulds, wipers and ammunition; one thousand axes; ploughs; hogs and cards---also 400 looms. There shall be furnished one ton of iron and 200 weight of steel, annually to each district; for 16 years.
A few Choctaw warriors yet survive who marched and fought in the army with Gen. Wayne, the whole number stated not to exceed 20, these it is agreed, shall hereafter, while they live, receive $25 per year, a list of them to be as early as practicable and within 6 months to be made out and presented to the Agent, to be forwarded to the War Department.
The Chiefs of the Choctaw Nation, having represented that their people are in a state of rapid advancement, in education and refinement, and have expressed a solicitude, that they may 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.
Done, signed and executed by the Commissioners of the United States and the Chiefs, Captains, and Headmen of the Choctaw Nation, at Dancing Rabbit Creek, this 27th day of September, 1830.