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of the 98th degree of west longitude, for the permanent settlement of the Wichitta and such other tribes or bands of Indians as the Government may desire to locate therein; excluding, however, all the Indians of New Mexico, and also those whose usual ranges at present are north of the Arkansas Eiver, and whose permanent locations are north of the Canadian Eiver, but including those bands whose permanent ranges]are south of the Canadian, or between it and the Arkansas; which Indians shall be subject to the exclusive control of The United States, under such rules and regulations, not inconsistent with the rights and interests of the Choctaws and Chickasaws, as may from time to time be prescribed by the President for their Government: Provided, however, the territory so leased shall remain open to settlement by Choctaws and Chickasaws as heretofore.
X. In consideration of the foregoing relinquishment and lease, and, as soon as practicable after the ratification of this Convention, The United States will pay to the Choctaws the sum of 600,000 dollars, and to the Chickasaws the sum of 200,000 dollars, in such manner as their General Councils shall respectively direct.
XI. The Government of The United States, not being prepared to assent to the claim set up under the Treaty of September 27th, 1830, and so earnestly contended for by the Choctaws as a rule of settlement, but justly appreciating the sacrifices, faithful services, and general good conduct of the Choctaw people, and being desirous that their rights and claims against The United States shall receive a just, fair, and liberal consideration, it is therefore stipulated that the following questions be submitted for adjudication to the Senate of The United States.
1st. Whether the Choctaw» are entitled to, or 6hall be allowed, the proceeds of the sale of the lands ceded by them to The United States, by the Treaty of September 27th, 1830, deducting therefrom the cost of their survey and sale, and all just and proper expenditures and payments under the provisions of said Treaty; and if so, what price per acre should be allowed to the Choctaws for the lands remaining unsold, in order that a final settlement with them may be promptly effected. Or,
2nd. Whether the Choctaws shall be allowed a gross sum in farther and full satisfaction of all their claims national and individual against The United States; and, if so, how much.
XII. In case the Senate shall award to the Choctaws the net proceeds of the lands, ceded as aforesaid, the same shall be received by them in full satisfaction of all their claims against The United States, whether national or individual, arising under any former Treaty; and the Choctaws shall thereupon become liable and bound to pay all such individual claims as may be adjudged by the proper authorities of the tribe to be equitable and just—the settlement and payment to be made with the advice and under the direction of The United States' Agent for the tribe j and so much of the fund, awarded by the Senate to the Choctaws, as the proper authorities thereof shall ascertain and determine to be necessary for the payment of the just liabilities of the tribe, shall on their requisition be paid over to them by The United States. But should the Senate allow a gross sum, in further and full satisfaction of all their claims, whether national or individual, against The United States, the same shall be accepted by the Choctaws, and they Bhall thereupon become liable for, and bound to pay, all the individual claims as aforesaid; it being expressly understood that the adjudication and decision of the Senate shall be final.
XIII. The amounts secured by existing Treaty stipulations, ri».: —Permanent annuity of 3,000 dollars, under Article II of the Treaty of 1805 ;* 600 dollars per annum for the support of light horaemeu under Article XIII of the Treaty of 1820 ;f permanent annuitj of 6,000 dollars for education, under Article II of the Treaty of 1825 ^ GOO dollars per annum permanent provision for the support of a blacksmith, under Article VI of the Treaty of 1820; and 320 dollars permanent provision for iron and steel, under Article IX of the Treaty of 1825, shall continue to be paid to, or expended for the benefit of, the Choctaws as heretofore; or the same may be applied to such objects of general utility as may, from time to time, be designated by the General Council of the tribe, with the approbation of the Government of The United States. And the funds now held in trust by The United States for the benefit of the Choctaws under former Treaties, or otherwise, shall continue to be so held; together with the sum of 500,000 dollars out of the amount payable to them under Articles VIII and X of this Agreement, and also whaterer balance shall remain, if any, of the amount that shall be allowed the Choctaws by the Senate, under Article XII hereof, after satisfying the just liabilities of the tribe. The sums so to be held in trust shall constitute a general Choctaw fund, yielding an annual interest of not less than 5 per centum; no part of which shall be paid out as annuity, but shall be regularly and judiciously applied, under the direction of the General Council of the Choctaws, to the support of their Government, for purposes of education, and such other objects as may be best calculated to promote and advance the improvement, welfare, and happiness of the Choctaw people and their descendants.
XIV. The United States shall protect the Choctaws and Chickasaws from domestic strife, from hostile invasion, and from aggre*
• Vol. III. Page 402. + Vol. VII. Page 41".
t Vol XII. Pag* 604.
sion by other Indians and white persons not subject to their jurisdiction and laws; and for all injuries, resulting from such invasion or aggression, full indemnity is hereby guaranteed to the party or parties injured, out of the Treasury of The United States, upon the same principle and according to the same rules upon which white persons are entitled to indemnity for injuries or aggressions upon them, committed by Indians.
XV. The Choctaws and Chickasaws shall promptly apprehend and deliver up all persons accused of any crime or offence against the laws of The United States, or of any State thereof, who may bo found within their limits, on demand of any proper officer of a State, or of The United States.
XVI. All persons licensed by The United States to trade with the Choctaws or Chickasaws, shall be required to pay to the respective tribes a moderate annual compensation for the land and timber used by them; the amount of such compensation, in each case, to be assessed by the proper authorities of said tribe, subject to the approval of The United States' Agent.
XVII. The United States shall have the right to establish and maintain such military posts, post-roads, and Indian agencies, as may be deemed necessary within the Choctaw and Chickasaw country, but no greater quantity of land or timber shall be used for said purposes, than shall be actually requisite; and if, in the establishment or maintenance of such posts, post-roads, and agencies, the property of any Choctaw or Chickasaw shall be taken, injured, or destroyed, just and adequate compensation shall be made by The United States. Only such persons as are, or may be in the employment of The United States, or subject to the jurisdiction and laws of the Choctaws or Chickasaws, shall be permitted to farm or raise stock within the limits of any of said military posts or Indian agencies. And no offender against the laws of either of said tribes, shall be permitted to take refuge therein.
XVIII. The United States, or any incorporated company, shall have the right of way for railroads, or lines of telegraphs, through the Choctaw and Chickasaw country; but for any property taken or destroyed in the construction thereof, full compeusation shall be made to the party or parties injured, to be ascertained and determined in such manner as the President of The United States shall direct.
XIX. The United States shall, as soon as practicable, cause the eastern and western boundary lines of the tract of country described in the Article I of this Convention, and the western boundary of the Chickasaw district, as herein denned, to be run and permanently marked.
XX. That this Convention may conduce as far as possiblo to the restoration and preservation of kind and friendly feeling among the Choctaws and Chickasaws, a general amnesty of all past offences, committed within their country, is hereby declared.
And in order that their relations to each other and to The United States may hereafter be conducted in a harmonious and satisfactory manner, there shall be but one Agent for the two tribes.
XXI. This Convention shall supersede and take the place of all former treaties between The United States and the Choctaws, and also, of all Treaty stipulations between The United States and the Chickasaws, and between the Choctaws and Chickasaws, inconsistent with this agreement, and shall take effect and be obligatory upon the Contracting Parties, from the date hereof, whenever the same shall be ratified by the respective Councils of the Choctaw and Chickasaw tribes, and by the President and Senate of The United States.
XXII. It is understood and agreed that the expenses of the respective Commissioners of the two tribes, signing these Articles of Agreement and Convention, in coming to, and returning from this city, and while here, shall be paid by The United States.
In testimony whereof, the said George W. Many penny, Commissioner on the part of The United States, and the said Commissioners on the part of the Choctaws and of the Chickasaws, hare hereunto set their hands and seals.
Done in triplicate at the city of Washington, on this 22nd day of June, in the year of our Lord, 1855.
GEORGE W. MANYPENNY, United State*' Commissioner. [Signed by 4 Choctaw and 2 Chickasaw Commissioners.] Executed in presence of: A. O. P. NionoLsoir. James G. Beheet.
Douglas H. Coopeb, United States' Indian Agent.
And whereas the said Treaty having been submitted to the General Council of the Chickasaw tribe, the General Council did, on the 3rd day of October, A.d. 1855, assent to, ratify, and confirm the same, with the following amendment: "Add to the 19th Article, by Commissioners to be appointed by the Contracting Parties hereto" by an instrument in writing, in the words and figures following, to wit:—
Whereas Articles of Agreement and Convention were made and concluded on the 22nd day of June, A.d. 1855, by aDd between George W. Manypenny, Commissioner on the part of The United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, Commissioners on the part of the Choctaws; and Edmund Pickens, and Sampson Folsom, Commissioners on the part of the Chickasaws, at the city of Washington, in the district of Columbia, the preamble whereof is in the words and figures following, "to wit:'' Whereas, the political connection heretofore existing between the Choctaw and Chickasaw tribes of Indians, has given rise to unhappy and injurious dissensions and controversies among them, which render necessary a readjustment of their relations to each other and to The United States; and whereas, The United States desire that the Choctaw Indians shall relinquish all claim to any territory west of the 100th degree of west longitude, and also to make provision for the permanent settlement within the Choctaw country of the Wichitta and certain other tribes or bands of Indians, for which purpose the Choctaws and Chickasaws are willing to lease, on reasonable terms, to The United States, that portion of their common territory which is west of the 98th degree of west longitude; and whereas the Choctaws contend that, by a just and fair construction of the Treaty of September 27, 1830, they are of right entitled to the net proceeds of the lands ceded by them to The United States, under said Treaty, and have proposed that the question of their right to the same, together with the whole subject-matter of their unsettled claims, whether national or individual, against The United States, arising under the various provisions of said Treaty, shall be referred to the Senate of The United States for final adjudication and adjustment; and whereas it is necessary, for the simplification and better understanding of the relations between The United States and the Choctaw Indians, that all their subsisting Treaty stipulations be embodied in one comprehensive instrument ; and whereas, in the XXIst Article thereof, it is, among other things, recited that said agreement " shall take effect and be obligatory upon the Contracting Parties from the date hereof, whenever the same shall be ratified by the respective Councils of the Choctaw and Chickasaw tribes of Indians and by the President and 8enate of The United States."
Now, therefore, be it known, that the Chickasaws, in General Council assembled, having duly considered said Articles of Agreement and Convention, and each and every clause thereof, and being satisfied therewith, do, upon their part, hereby assent to, ratify, and confirm the same, as stipulated and required, with the following amendment: "Add to Article XIX,' By Commissioners to be appointed by the Contracting Parties hereto.'"
Done and approved at Tishomingo, in the Chickasaw district of the Choctaw nation, this 3rd day of October, in the year of our Lord 1855. •
Passed the Council. JOEL KEMP, President
Attest: D. COLBERT, J! 0.
Cybus Habbis, Clerk of the Council.