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 Senate 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. Attest: CYRUS HARRIS, Clerk of the Council. JOEL KEMP, President And whereas the Chickasaws, in General Council assembled, did, on the 13th day of December, A.D. 1855, recede from and rescind the said amendment, and did ratify and confirm the said Treaty, and every part thereof, by an instrument in writing, in the words and figures following, to wit : Whereas the Chickasaws, in General Council assembled, after having duly considered the stipulations contained in a certain Convention and Agreement, made and entered into at the city of Washington, on the 22nd day of June, A.D. 1855, 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; Edmund Pickens and Sampson Folsom, Commissioners on the part of the Chickasaws, did, on the 3rd day of October, A.D. 1855, at Tishomingo, in the Chickasaw district, Choctaw nation, assent to, ratify, and confirm each and every part of said Convention and Agreement, with the following amendment, viz.: "Add to Article XIX, By Commissioners to be appointed by the Contracting Parties hereto.' And whereas, said Amendment was not duly considered and concurred in by the Choctaws in General Council assembled, but said Agreement and Convention, and every part thereof, was assented to, ratified, and confirmed by said Council without amendment. Now, therefore, be it known, that the Chickasaws, in General Council assembled, having reconsidered said proposed amendment, do hereby recede from, and rescind the same, hereby assenting to, ratifying, and confirming said Agreement and Convention, and every part thereof. Done and approved at the Council-house at Tisho-mingo, Chickasaw district, Choctaw nation, this 13th day of December, A.D. 1855. Approved December 13, 1855. Attest: CYRUS HARRIS, Secretary. Signed in presence of: J. McCOY, President of the Council. JACKSON FRAZIER, Chief Chickasaw district, Choctaw nation. And whereas the said Treaty having been submitted to the General Council of the Choctaw tribe, the said General Council did, on the 16th day of November, A.D. 1855, consent to and ratify the same by an instrument 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 and 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, viz. "Whereas the political connection heretofore existing between the Choctaw and the 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 27th, 1830, they are, of right, entitled to the net proceeds of the land 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 Article XXI 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 and by the President and Senate of The United States." Now, therefore, be it known, that the Choctaws, 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. Done and approved at the Council-house, at Fort Towson, in the Choctaw nation, this 16th day of November, in the year of our Lord, 1855. TANDY WALKER, President of the Senate. KENNEDY M. CURTAIN, Speaker of the House of Representatives. Approved: GEO. W. HARKINS, Chief of Ahpuck District. N. COCHNANER, Chief of Pushematahn District. ADAM CHRISTY, Speaker, and Acting Chief of Moosholatubbee District. Signed in presence of: DOUGLAS H. COOPER, U. S. Indian Agent for Choctaw Tribe. And whereas the said Treaty having been submitted to the Senate of The United States for its constitutioal action thereon, the Senate did, on the 21st day of February,A.D. 1856, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit: IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, February 21, 1856. Resolved (two thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the Articles of Agreement and Convention between the United States and the Choctaw and Chickasaw tribes of Indians, made and concluded at the city of Washington, the 22nd day of June, A.D. 1855, by George W. Manypenny, Commissioner on the part of The United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dixon W. Lewis, Commissioners on the part of the Choctaws; and Edmund Pickens and Sampson Folsom, Commissioners on the part of the Chickasaws. Attest: ASBURY DICKENS, Secretary. (2.)-TREATY with Chippewas of Sault Ste. Marie.-Detroit, August 2, 1855. [Ratified by the President of The United States, April 24, 1856.] ARTICLES of Agreement made and concluded at the city of Detroit, in the State of Michigan, the 2nd day of August, 1855, between George W. Manypenny and Henry C. Gilbert, Commissioners on the part of the United States, and the Chippewa Indians of Sault Ste. Marie. ART. I. The said Chippewa Indians surrender to The United States the right of fishing at the falls of St. Mary's, and of encampment, convenient to the fishing-ground, secured to them by the Treaty of June 16, 1820.* II. The United States will appoint a Commissioner who shall, within six months after the ratification of this Treaty, personally visit and examine the said fishery and place of encampment, and determine the value of the interest of the Indians therein as the same originally existed. His award shall be reported to the Presi * Vol. VII. Page 1071. dent, and shall be final and conclusive, and the amount awarded shall be paid to said Indians, as annuities are paid, and shall be received by them in full satisfaction for the right hereby surrendered: Provided, that one-third of said award shall, if the Indians desire it, be paid to such of their half-breed relations as they may indicate. III. The United States also give to the Chief, O-shaw-waw-no, for his own use, in fee-simple, a small island in the River St. Mary's, adjacent to the camping-ground hereby surrendered, being the same island on which he is now encamped, and said to contain less than half an acre. Provided, that the same has not been heretofore otherwise appropriated or disposed of; and in such case this grant is to be void, and no compensation is to be claimed by said Chief or any of the Indians, parties hereto, in lieu thereof. IV. This Agreement shall be obligatory and binding on the Contracting Parties as soon as the same shall be ratified by the President and Senate of The United States. In testimony whereof the said George W. Manypenny and the said Henry C. Gilbert, Commissioners as aforesaid, and the undersigned Chiefs and Headmen of the Chippewa Indians of Sault Ste. Marie have hereto set their hands and seals, at the city of Detroit, the day and year first above written. GEO. W. MANYPENNY, Commissioners. HENRY C. GILBERT, RICHARD M. SMITH, Secretary. [Signed by 12 Chiefs.] Executed in the presence of, J. LOGAN CHIPMAN, and 4 Others. And whereas the said Treaty having been submitted to the Senate of The United States for its constitutional action thereon, the Senate did, on the 15th day of April, A.D. 1856, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit: IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, April 15, 1856. Resolved (two-thirds of the Senators present concurring), that the Senate advise and consent to the ratification of the Treaty made and concluded with the Chippewas of Sault Ste. Marie, on the 2nd day of August, 1855. Attest: ASBURY DICKENS, Secretary. |