The payment of annuities and interest assumed by the C. S.

Moneys arising

from the sales of

lands ceded to the

States, and having been duly covered into the treasury on the fourteenth day of January in that year, there still remains.

And it is also hereby ascertained and agreed, between the said Confederate States and the Chickasaw Nation, that there was due to the said nation, on the first day of July, one thousand eight hundred and sixty-one, for and on account of the said annuity and interest, the sum of twenty-five thousand six hundred and six dollars and eighty-nine cents.

And it not being desired by the Confederate States that the Chickasaw Nation should continue to receive these annual sums from the Government of the United States, or otherwise have any communication or connection with that Government, its superintendent and agents, therefore, the Confederate States of America do hereby assume the payment, for the future, of the above recited annuity and interest, and do agree and bind themselves regularly and punctually to pay the same to the treasurer of the said nation, or to such other person or persons as shall be appointed by the Legislature of the Chickasaw Nation to receive the same; and they do also agree and bind themselves to pay to the treasurer of the said nation, immediately upon ratification by all parties of this treaty, the sum of twenty-five thousand six hundred and six dollars and eighty-nine cents, due on the first day of July of the present year, as aforesaid.

ARTICLE LVII. Whereas, it was agreed between the United States and the Chickasaw Nation, by the third article of the treaty made between U. S. by the Chick them on the twentieth day of October, A. D., one thousand eight hundred asaw Nation. and thirty-two, that as a full compensation to the Chickasaw Nation for the country ceded to the United States by that treaty, the United States would pay over to the said nation all the moneys arising from the sales of lands so ceded, after deducting therefrom the whole cost and expenses of surveying and selling the lands, including every expense attending the same; And, whereas, by the eleventh article of the treaty of the twenty-fourth funds resulting day of May, A. D., one thousand eight hundred and thirty-fou between gales of lands, in the United States and the Chickasaw Nation, it was agreed that all fonds

Investment of

from entries and

stocks.

National fund

the U. S.

"

resulting from all entries and sales of such lands, after deduction of the expenses of surveying and selling, and other advances made by the United States, should, from time to time, be invested in some seemze stocks, redeemable within a period of not more than twenty years, the interest whereon the United States should cause to be annually paid to the Chickasaws:

And, whereas, by the fifth article of the treaty of the twenty-second day of the Chickasaws of June, A. D., one thousand eight hundred and fifty-two, it was agreed held in trust by between the United States and the Chickasaw Nation, that the United States should continue to hold in trust the national fund of the Chickasaws, and constantly keep the sum invested in safe and profitable stocks, the interest of which should be annually paid to the Chickasaw Nation; And, whereas, it is now, by the Confederate States and the Chickasaw from the sales of Nation, ascertained and agreed that the following sums, part of the said their lands that fund of the Chickasaws arising from the sales of their lands were invested were invested by the U. S. in funds by the United States, while the Confederate States were part thereof, in and stocks of cer- bonds and stocks of certain of the States, in manner following, that is to say: In the five per cent. stock of the State of Indiana, two hunrest and ten thousand dollars;

Sums arising

tain of the States.

In six per cent. stock of the State of Maryland, fourteen thousand four hundred and ninety-n ne dollars and seventy-five cents;

In six per cent. stock of the State of Tennessee, one hundred and seventy thousand six hundred and sixty-six dollars and sixty-six certs:

In six per cent. stock of the State of Arkansas, ninety thousand dolJors, on which no interest has been paid since the first day of July, A. D., one thousand eight hundred and forty-two;

In six per cent. stock of the State of Illinois, seventeen thousand dollars;

In six per cent. stock of the Richmond and Danville Railroad, guaranteed by the State of Virginia, one hundred thousand dollars;

And in six per cent. stock of the Nashville and Chattanooga Railroad, guaranteed by the State of Tennessee, five hundred and twelve thousand dollars.

U. S. and the

the credit of the

from.

And it being claimed by the Chickasaws that all the moneys received Stating of a0by the United States from the sales of their lands, after deduction of count between the proper disbursements out thereof, have not been invested, that they have Chickasaws, of all been charged with losses and expenses which should properly have been moneys placed in borne by the United States, and that in many cases moneys held in trust the Treasury to by the United States for the benefit of the orphan and incompetent Chick- Chickasaw Nation, asaws, had been wrongfully paid out to persons having no right to receive and all disburse the same; in consequence of which complaints, then as now made, it was ments made thereagreed by the fourth article of the treaty between the same parties, of the twenty-second day of June, A. D., one thousand eight hundred and fiftytwo, that an account should be stated as soon thereafter as practicable, under the direction of the Secretary of the Interior, exhibiting in detail all the moneys that had, from time to time, been placed in the Treasury to the credit of the Chickasaw Nation, resulting from the said treaties of the years, one thousand eight hundred and thirty-two, and one thousand eight hundred and thirty-four, and all the disbursements made therefrom; and that to the account so stated, the Chickasaws should be entitled to take exceptions, which should be referred to the Secretary of the Interior, account. who should adjudicate the same according to the principles of law and equity, and his decision should be final; and it was also, by the same article, agreed that the cases of wrongfully made payments should be investigated by the Congress of the United States, under the direction of the Secretary of the Interior, and if any person had been defrauded by The U. S. to aosuch payments, the United States should account for the amounts so mis- count for sums misapplied. applied, as if no such payment had been made;

Exceptions to

sume the obliga

all sums of money

Therefore, the Confederate States do hereby assume the duty and obli- The C. S. as gation of collecting and paying over, as trustees, to the said Chickasaw tion of collecting Nation, at par, and dollar for dollar, all sums of money accruing, whether paying over as from interest or capital, of the said bonds or stocks of the said States of trustees, to the the Confederacy, or of stocks guaranteed by them, so held by the Gov- Chickasaw Nation, ernment of the United States in trust for the Chickasaw Nation, and will held by the U. 8. pay over to the said nation the said interest and capital, as the same shall in trust for the be collected. And the said Confederate States shall request those States said nation. to provide, by legislation or otherwise, that the capital and interest of such bonds or stocks shall not be paid to the Government of the United States, but to the Government of the Confederate States, in trust for the Chickasaw Nation.

of all sums of

asaw lands or

And the said Confederate States do hereby guarantee to the said Chick- Final settlement asaw Nation, the final settlement and full payment, upon, and after the and full payment restoration of peace, and the establishment of their independence, as of money received by debts of good faith and conscience, as in law due and owing, on good and the U. S. from the valuable consideration, by the said Confederate States and the other of the sales of the ChickUnited States, jointly, before the secession of any of the States, of all otherwise, guaran sums of money received by that Government from the sales of the Chick. teed by the C. S asaw lands, or otherwise, however, in trust for the Chickasaw Nation or Nation, after the individuals thereof, and which remain uninvested, or which it expended in restoration of unwarranted disbursements, or in the payment of charges or expenses not pe co. properly chargeable to the Chickasaws; for the ascertainment whereof Account to be such account shall be taken, after the restoration of peace, by or under taken under the the direction of the Commissioner of Indian Affairs, as was directed by

to the Chickasaw

direction of the

Commissioner of the fourth article of the treaty of the twenty second day of June, A. D., Indian Affai.s. one thousand eight hund ed and fifty-two, and in accordance with th legal rules of stating accounts of trust funds and investments.

Final settlement And the Confederate States also hereby guarantee to the Chickasaw
and full payment, Nation, the final settlement and full payment, at the same period, of all
el-o guaranteed, of
oneys belonging moneys belonging to orphans or incompetent persons, or to other Chicka-
to orphans or in-saws, and wrongfully paid by the United States to persons unauthorized to
competent persons; receive them, and for that reason, or for any other not yet paid to the

proper persons, under the same fourth article of the treaty last mentioned,
as qualified and limited by the proviso added thereto by way of amend-
meut, or under article ten of the said treaty; which cases shall be investi-
gated by the Commissioner of Indian Affairs or by the agent under his
direction;

also of soms in- And they also guarantee to it the final settlement and full payment, vested in U. S. after the same period, of the said sums invested in United States stocks, stocks, and of any and the said sun of one hundred thousand dollars, so covered into the ed by that govern- Treasury on the fourteenth day of January, A. D., one thousand eight cient;

other sums receiv

and of all bonds or stocks of any

Northern States.

of

8., how to be applied.

hundred and fifty-seven; and of any other sums received by that Govern-
ment, and now held by it, by way of interest on, or as part of the capital
of any of the bonds or stocks of any of the States wherein any funds of
the Chickasaws had been invested; and they do also guarantee to it the
final settlement and full payment, at the same period, of the capital and
interest of all bonds or stocks of any of the Northern States, in which
any of said Chickasaw funds have been invested.

Annuities, inter- ARTICLE LVIII It is further hereby agreed, that the said annuity,
est and arrearages interest and arrearages hereby assumed and agreed to be paid by the Con-
essumed by the C. federate States, shall be applied, under the exclusive direction of the Leg-
islature of the Chickasaw Nation, to the support of their Government, to
purposes of education, and to such other objects, for the promotion and
advancement of the improvement, we fare and happiness of the Chickasaw
Re-investment people and their descendants, as shall to the Legislature seem good; and
of the capital of the expital, in full, of all the said bonds and stocks of States, corporations,
the bonds and and the principal of moneys due by the United States shall be invested or
fc., and the prin- re-invested, after the restoration of peace, in stocks of the States, at their
cipal of moneys market price, and in such as bear the highest rate of interest, or be paid
due by the U. S.
over to the Chickasaw Nation, to be invested by its authorities, or other-
wise used, applied, and appropriated, as its Legislature may direct;
without any control or interference on the part of any department, bureau,
or officer of the Confederate States.

stocks of States,

When the C. S.

ARTICLE LIX. It is hereby further agreed, that no claim or account may pay claims shall hereafter be paid by the Government of the Confederate States out of the Chickasaw funds, unless the same shall have first been considered and allowed by the Chickasaw Legislature.

cut of the ChickaSaw funds.

Boundary like ARTICLE LX. Whereas, by the first article of the treaty between the
between the Choc- United States of America and the Choctaw and Chickasaw Nations, on
taw and Chickasaw
country and the the twenty-second day of June, A. D), one thousand eight hundred and
State of Arkansas. fifty-five, it was provided that the boundary of the Choctaw and Chicka-

saw country should begin “at a point on the Arkansas river, one hundred
paces east of old Fort Smith, where the western boundary of the State of
Arkansas crosses the said river," and run thence "due south to Red river,"
which also was the line of boundary fixed by the treaties of the twentieth
day of January, A. D., one thousand eight hundred and twenty five, and
the twenty-seventh day of September, A. D., one thousand eight hundred
and thirty; and, whereas, when the said line was originally run between
the State of Arkansas and the Choctaw Nation it was erroneously run to
the westward of a due south line from that point of beginning on the
Arkansas river; and, whereas, when the said line was again run, by the

United States, after the making of the said treaty of the twenty-second day of June, A. D., one thousand eight hundred and fifty-five, it was arbitrarily ordered by the Secretary of the Interior, in violation of the said treaties, that the said line should not be run due south, in accordance therewith, but that the old erroneous line should in lieu thereof be retraced, and the same was accordingly done, thus leaving within the limits of the State of Arkansas a strip of country belonging to the Choctaw and Chickasaw Nations, in the shape of a triangle having Red river for its base; and, whereas, all the lands contained therein that are of any value, were sold or granted by the United States, and are chiefly, held and have been improved by private individuals; it is therefore agreed by the Confederate States and the said Choctaw and Chickasaw Nations that the said line so run and retraced shall be perpetuated as the line between the Choctaw and Chickasaw country and the State of Arkansas, and that the said triangular tract of land shall belong to, and continue to form an integral part of that State; and all titles to lands therein, from and under the United States, be confirmed; and it is further agreed, that in consideration therefor, the said Choctaw and Chickasaw Nations shall, upon the restoration of peace, and the establishment and recognition of the independence of the Confederate States, be paid by them the fair value of the lands included in said tract, in their natural state and condition, and unimproved, and of all the salt inds in the State springs therein, at the date of the said treaty of the year of our Lord, of Arkansas, and one thousand eight hundred and fifty-five, and without interest; which the salt springs

Payment to bs made to the Choc

taw and Chickasaw Nations for their

therein.

The value thereof,

fair a tual value shall be ascertained by a commission of four persons, two of whom shall be appointed by the President of the Confederate States, how ascertained. one by the Choctaw Legislature, and one by the Chickasaw Legislature, and the expenses of which commission shall be borne by the Confederate States.

said nations.

ARTICLE LXI. It is further agreed, that if the present war continues, Advancement by the Confederate States will, upon the request of the Executive of the Choc- the C. S. to the taw and Chickasaw Nations respectively, advance to the Choctaw Nation the sum of fifty thousand dollars, and to the Chickasaw Nation two thousand dollars, in discharge of so much of the moneys due to each respectively, by the United States, and will invest each sum in the purchase for each nation respectively, of such arms and ammunition as shall be specified by the Executive.

Investment of sums advanced in arms and ammunition.

and Chickasaws

if made with the

ARTICLE LXII. All provisions of the treaties made by the Choctaws Certain provisand Chickasaws, or either, with the United States, under which any rights ions of the treaties or privileges were secured or guaranteed to the Choctaw or Chickasaw of the Choctaws Nation, or to individuals of either, and the place whereof is not supplied with the U. S. conby any provision of this treaty, and the same not being obsolete or no tinued in force as longer necessary, and so far as they are not repealed, annulled, changed, C. S. or notified, by subsequent treaties or statutes, or by this treaty, are continued in force as if the same had been made with the Confederate States. ARTICLE LXIII. It is further agreed that the sum of two thousand dollars shall be appropriated and paid by the Confederate States, immediately upon the ratification of this treaty, to defray the expenses of the delegations of Choctaws and Chickasaws by whom this treaty has been negotiated, and that the same shall be paid over to R. M. Jones, and by him equally divided among the members of the said delegations.

$2,000 to be paid

by the C. S., upon

the ratification of this treaty.

ARTICLE LXIV. A general amnesty of all past offences against the General amnesty laws of the United States or of the Confederate States, committed before declared. the signing of this treaty, by any member of the Choctaw or Chickasaw Nation, as such membership is defined in this treaty, is hereby declared ; and all such persons, if any, charged with any such offence shall receive from the President fall an 1 free pardon, and if imprisone 1 or held to bail, before or after conviction, be discharged; and the Confederate States will espe

be requested to

States of Arkan cially request the States of Arkansas and Texas to grant the like amnesty 983 and Texas to as to all offences committed by Choctaw or Chickasaw against the laws of those States respectively, and the Governor of each to reprieve or pardon the same, if necessary.

grantlike amnesty.

SEAL.

}

In perpetual testimony whereof, the said Albert Pike, as Commissioner, with plenary powers, on the part of the Confederate States, doth now hereunto set his hand and affix the seal of his arms, and the undersigned Commissioners, with full powers of the Choctaw and Chickasaw Nations, do hereunto set their hands and affix their seals.

Done in triplicate, at the place and upon the day, in the year, first afore

said.

Signed, sealed and copies exchanged in our presence, July 12, 1861.

Resolved, (two-thirds of the Congress concurring.) That the Congress Ratification by of the Confederate States of America, do advise and consent to the ratifica with the Choctaw tion of the articles of a treaty, made by Albert Pike, Commissioner of the &nd Chickasaw Confederate States to the Indian nations west of Arkansas, in behalf of the

Congress of treaty

Nations.

Amendments.

Confederate States, of the one part, and by the Choctaw and Chickasaw Nations of Indians, by their respective Commissioners thereunto appointed and elected, of the other part, concluded at the North Fork Village, on the north fork of the Canadian river, in the Creek Nation, on the twelfth day of July, in the year of our Lord, one thousand eight hundred and sixtyone, with the following

AMENDMENTS:

I. Strike out from article xxvii. the words, "to the same rights and privileges as may be enjoyed by delegates from any Territory of the Confederate States," and insert in lieu thereof, the following words: " to a seat in the Hall of the House of Representatives, to propose and introduce measures for the benefit of said nations, and to be heard in regard thereto, and on other questions in which either of said nations is particularly interested, with such other rights and privileges as may be determined by the House of Representatives."