Done at Harrington's, in the Territory of Arkansas, on the fifteenth day of November, A. D. one thousand eight hundred and twentyfour, and of the Independence of the United States the forty-ninth ROBERT CRITTENDEN. Commissioner on the part of the United States. · Signed, Sealed, and Witnessed, in Presence of Thomas W. Newton, Secretary to the Commissioner. Robert C. Oden, Lieut. Col. 2d Reg. Arkansas Militia. F. Farrelly, Adjutant General of Arkansas Militia. B. Harrington. D. Barber, Sub-Agent to the Osages. Gordon Neill. Edmund Hogan. Thomas W. Johnston. Antoine Barrague. Etienne Vauyine, Interpreter. Joseph Duchasin, Interpreter. To the Indian names are subjoined a mark and seal. Proclamation, Feb. 19, 1825. ARTICLES OF A CONVENTION Jan. 20, 1825. Made between John C. Calhoun, Secretary of War, being specially authorized therefor 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 twentyfive. Preamble. Ante, p. 210. Lands ceded to the U. S. Ante, p. 210. 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 the Choctaw Nation are interested: the following articles have been agreed upon, and concluded, between John C. Calhoun, Secretary of War, specially authorized therefor by the President of the United States, on the one part, and the undersigned Delegates of the Choctaw Nation, on the other part: ARTICLE 1. 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 a line 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 said line, and prevent future settlements from being made on the west thereof. ARTICLE 2. 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 mechanick 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. ARTICLE 3. 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. ARTICLE 4. 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. ARTICLE 5. 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. ARTICLE 6. 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 $6000 to be paid to Choctaws annually, for ever. $6000 to be paid them an nually, for 16 years. Provision for Choctaws who may desire to remain. A certain debt due by Choc taws, relinquished. Payment for services rendersacola campaign. ed in the Pen Fourth article of the aforesaid treaty to be modified. Payment to satisfy claims due by U.S. An agent and blacksmith for Choctaws west of the Mississippi. Robert Cole to receive a medal. Friendship perpetuated. When to take effect. render justice to the Choctaw Warriors for their services in that campaign, do hereby agree upon an 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. ARTICLE 7. 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. ARTICLE 8. 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. ARTICLE 9. 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. ARTICLE 10. 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 and fifty dollars a year, during his natural life, as was received by his predecessor. ARTICLE 11. The friendship heretofore existing between the United States and the Choctaw Nation, is hereby renewed and perpetuated. ARTICLE 12. 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. In testimony whereof, the said John C. Calhoun, and the said Delegates of the Choctaw nation, have hereunto set their hands, at the City of Washington, the twentieth day of January, one thousand eight hundred and twenty-five. Mooshulatubbee. Robert Cole. Daniel McCurtain. J. C. CALHOUN. Red Fort. J. L. McDonald. In presence of Thos. L. McKenney. Hezekiah Miller. John Pitchlynn, United States' Interpreter. To the Indian names are subjoined marks. ARTICLES OF A CONVENTION, Entered into and concluded at the Indian Springs, between Duncan G. Campbell, and James Meriwether, Commissioners on the part of the United States of America, duly authorised, and the Chiefs of the Creek Nation, in Council assembled. Feb. 12, 1825. Proclamation, March 7, 1825. Post, p. 286. WHEREAS the said Commissioners, on the part of the United States, Preamble. have represented to the said Creek Nation that it is the policy and earnest wish of the General Government, that the several Indian tribes within the limits of any of the states of the Union should remove to territory to be designated on the west side of the Mississippi river, as well for the better protection and security of said tribes, and their improvement in civilization, as for the purpose of enabling the United States, in this instance, to comply with the compact entered into with the State of Georgia, on the twenty-fourth day of April, in the year one thousand eight hundred and two: And the said Commissioners having laid the late Message of the President of the United States, upon this subject, before a General Council of said Creek Nation, to the end that their removal might be effected upon terms advantageous to both parties: And whereas the Chiefs of the Creek Towns have assented to the reasonableness of said proposition, and expressed a willingness to emigrate beyond the Mississippi, those of Tokaubatchee excepted: These presents therefore witness, that the contracting parties have this day entered into the following Convention : ART. 1. The Creek nation cede to the United States all the lands lying within the boundaries of the State of Georgia, as defined by the compact hereinbefore cited, now occupied by said Nation, or to which said Nation have title or claim; and also, all other lands which they now occupy, or to which they have title or claim, lying north and west of a line to be run from the first principal falls upon the Chatauhoochie river, above Cowetau town, to Ocfuskee Old Town, upon the Tallapoosa, thence to the falls of the Coosaw river, at or near a place called the Hickory Ground. ART. 2. It is further agreed between the contracting parties, that the United States will give, in exchange for the lands hereby acquired, the like quantity, acre for acre, westward of the Mississippi, on the Arkansas river, commencing at the mouth of the Canadian Fork thereof, and running westward between said rivers Arkansas and Canadian Fork, for quantity. But whereas said Creek Nation have considerable improvements within the limits of the territory hereby ceded, and will moreover have to incur expences in their removal, it is further stipulated, that, for the purpose of rendering a fair equivalent for the losses and inconveniences which said Nation will sustain by removal, and to enable them to obtain supplies in their new settlement, the United States agree to pay to the Nation emigrating from the lands herein ceded, the sum of four hundred thousand dollars, of which amount there shall be paid to said party of the second part, as soon as practicable after the ratification of this treaty, the sum of two hundred thousand dollars. And as soon as the said party of the second part shall notify the Government of the United States of their readiness to commence their removal, there shall be paid the further sum of one hundred thousand dollars. Cession by the Creeks. Further agree ment between the contracting parties. Annuities to be And the first year after said emigrating party shall have settled in their new country, they shall receive of the amount first above named, the further sum of twenty-five thousand dollars. And the second year, the sum of twenty-five thousand dollars. And annually, thereafter, the sum of five thousand dollars, until the whole is paid. ART. 3. And whereas the Creek Nation are now entitled to annuities equally divided. of thirty thousand dollars each, in consideration of cessions of territory heretofore made, it is further stipulated that said last mentioned annuities are to be hereafter divided in a just proportion between the party emigrating and those that may remain. Territory of fered said Indians to be explored, &c. Payment of the first sum to be made by the commissioners. Other payments. Provision to be made by U.S. Extension of the time of their removal, &c. When to take effect. ART. 4. It is further stipulated that a deputation from the said parties of the second part, may be sent out to explore the territory herein offered them in exchange; and if the same be not acceptable to them, then they may select any other territory, west of the Mississippi, on Red, Canadian, Arkansas, or Missouri Rivers-the territory occupied by the Cherokees and Choctaws excepted; and if the territory so to be selected shall be in the occupancy of other Indian tribes, then the United States will extinguish the title of such occupants for the benefit of said emigrants. ART. 5. It is further stipulated, at the particular request of the said parties of the second part, that the payment and disbursement of the first sum herein provided for, shall be made by the present Commissioners negotiating this treaty. ART. 6. It is further stipulated, that the payments appointed to be made, the first and second years, after settlement in the West, shall be either in money, merchandise, or provisions, at the option of the emigrating party. ART. 7. The United States agree to provide and support a blacksmith and wheelwright for the said party of the second part, and give them instruction in agriculture, as long, and in such manner, as the President may think proper. ART. 8. Whereas the said emigrating party cannot prepare for immediate removal, the United States stipulate, for their protection against the incroachments, hostilities, and impositions, of the whites, and of all others; but the period of removal shall not extend beyond the first day of September, in the year eighteen hundred and twenty-six. ART. 9. This treaty shall be obligatory on the contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the consent of the Senate thereof. In testimony whereof, the Commissioners aforesaid, and the Chiefs and Head Men of the Creek Nation have hereunto set their hands and seals, this twelfth day of February, in the year of our Lord one thousand eight hundred and twenty-five. DUNCAN, G. CAMPBELL, Commissioners on the part of the United States. WILLIAM MCINTOSH, Head Chief of Cowetaus. |