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Brescia, William, Ed.Choctaw Tribal Government: A New Era.Mississippi Band of Choctaw Indians, Philadelphia.Office of Elementary and Secondary Education (ED),Washington, DC. Ethnic Heritage Studies Program.82115p.Choctaw Heritage Press, Route 7, Box 21,Philadelphia, MS 39350 ($8.50).Guides - Classroom Use - Materials (For Learner)(051)

EDRS PRICE MF01/PC05 Plus Postage.DESCRIPTORS American Indian Culture; *American Indian History;

American Indian Reservations; American Indians;American Indian Studies; Civics; Cultural Background;Democracy; Economic Development; Family Structure;*Federal Indian Relationship; *InstructionalMaterials; Relocation; Secondary Education; *SelfDetermination; *Treaties; Tribes; United StatesHistory

IDENTIFIERS Mississippi; *Mississippi Band of the Choctaw(Tribe); *Tribal Government

ABSTRACTThe first in a series of planned secondary curriculum

materials about the Mississippi Band of Choctaw Indians, the booktraces Choctaw tribal government from before seventeenth centurycontact with the French to the present day. Chapter I treats tribalgovernment in the period before contact with the French, when Choctawfamily structure and relationships were well defined. Chapter IIdiscusses the course of the seventeenth and eighteenth century Frenchalliance with the tribe. Chapter III details a series of UnitedStates-Choctaw treaties dating from 1786 and including the 1830Treaty of Dancing Rabbit Creek which resulted in the removal of manyof the Choctaw to Oklahoma. Chapter IV described the tribe's "darkages" between 1830 and the 1921 colonization operation of the ChoctawAgency. The chapter also describes the 1944 declaration of theChoctaw Reservation, the re-emergence of tribal government and its1975 reorganization, and the new spirit of self-determination andeconomic development that exists today. The chapter containsbiographies of five tribal leaders. Appendices contain the text ofnine treaties and the revised tribal by-laws and constitution. Thebook, written by tribal members and scholars, is illustrated withblack-and-white photographs and maps. (SB)

***********************************************************************Reproductions supplied by EDRS are the best that can be made

from the original document.*********************************************************k*************

CHOCTAW TRIBAL GOVERNMENTJUN 1033 3

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1511 Or U S. DEPARTMENT OF EDUCATIONi NATIONAL INSTITUTE OF EDUCATION. EDU ATIONAL RESOURCES INFORMATION

CENTER (ERIC)This document has been reproduced asreceived from the person or organizationoriginating it.

LI Minor changes have been made to improvereproduction quality.

Points of view or opinions stated in this docu-ment do not necessarily represent official NIEposition or policy.

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Cover: detail map of 1 733 by Baron de Crenay. Reprinted by permis-sion Les Archives de France.

BEST COPY AVAILABLE

TRIBAL GOVERNMENTA New Era

Edited byWilliam Brescia

©Copyright 1982 Choctaw Heritage Press

Published by Choctaw Heritage Press, MISSISSIPPI BAND OF CHOCTAW INDIANS

Philadelphia, Mississippi

Funded by U.S. Department of Education, Ethnic Heritage Studies Program

5

To Rahka and Misty Dawn

. . .the highest form of love is self-sacrifice the willingness to go without, even to give one's own life, if necessary, to fosterlife itself.

Jeremy RifkinENTROPY: A New World View

6

Table of Contents

Introduction 1

CHAPTER 1Precontact

by Kennith York

CHAPTER 2French-Choctaw Contact, 1680's to 1763

by Patricia Galloway

CHAPTER 3Treaties and the Choctaw People

by Sam Wells

CHAPTER 4A New Era

by Benjamin Strout

Appendix 1Treaties between Choctaw Nation and United States of America

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Appendix 2 XMississippi Band of Choctaw Indians Constitution and Bylaws

INTRODUCTIONThis book is a lapd mark for the Mississippi Band of Choctaw Indians, as it is the first in a series of curriculum materials that are planned fordevelopment over the next three years. This series will fill a void that has existed for too long in secondary materials about the tribe. Whilenone of these materials is meant to be the definitive work on Choctaw life, the materials will, as a group, be quite useful to theclassroom in-structor and interesting to students and to the general public as well.

The choice of tribal Government for the first project was not an easy decision. The flood of requests for informationcoming to the tribe andto local libraries concerning the Choctaw mainly reflects the lack of knowledge most Mississippians haveconcerning the tribe. The vastmajority of those requests ask only for information about the tribe long ago or about arts and crafts. While both of those categories arereasonable and things we wish to respond to, the overwhelming need for the people of Mississippi simply to know that a tribal governmentexists in their state made the first project choice necessary. If it were obvious it should have been easy.

Each chapter of this book was commissioned to a different author. Ken York, a tribal member and scholar, has done several papers on theChoctaw language and precontact era. His bibliography of Choctaw materials is invaluable and is available at the Choctaw Museum.Patricia Galloway, of the Mississippi Department of Archives and History is the foremost authorityon the French in Mississippi; she serveson the Choctaw Heritage Council and has written several publications concerning Choctaw-French Contact. Sam Wells, from theUniversity of Southern Mississippi, has worked with the tribe as an advisor on We Are Choctaw, a recent publication of the tribe. Hisresearch has focused on tribal relations with the United States. Benjamin Strout is a professional writer from Bloomington, Indiana. He hasworked in the area of curriculum writing for many years. He has also served as a script consultant on major motion pictures. He spent agreat deal of time on the reservation researching files and documents and talking to tribal members.

This project, in conjunction with the several projects now in progress at the Choctaw Museum, will make available to tribal members and thegeneral public information that has to date been available only to those with the time and resources to do the necessary research, Muchwork remains to be done. I hope that the reader will treat this work kindly and find it an inspiration to pursue more information.

81

William Brescia

This book was developed by the Ethnic Heritage Staff of the MISSISSIPPI BAND OF CHOCTAW INDIANS

Tribal ChiefPhillip Martin

Chairperson, Education CommitteeLuke Jimmie

Ethnic Heritage Advisory Committee

Ruby ThomasNancy BrownJim BakerRobert FergusonWilla BellJohn PetersonAnnette CombyRaenell Hockett

Director, Choctaw Department ofEducation Carolyn Collins

Director, Ethnic Heritage ProgramBill Brescia

FOR FURTHER INFORMATION CONTACT:Choctaw Heritage MuseumMississippi Band of Choctaw IndiansRoute 7, Box 21Philadelphia, MS 39350(601) 656-5251

9

2

P ro I og u e :

To understand how any Nation governs its membershas been a topic of interest for politicians, lawyers,historians, and political scientists. However, practicallylittle information exists on how the American Indiangoverned members of their nations, tribes, towns, andvillages. There is no concise history of the ChoctawTribal Government, including the pre-historical,historical and contemporary political, social, educa-tional and economic systems. The purpose of this bookis to speak to a small portion of the larger topic of Choc-taw Tribal Government. The focus will be on the pre-historical Choctaw government end-ing with the Treaty of Dancing Rabbit Creek in 1830.and Choctaw Tribal Government today.

One problem in studying how the Choctaw govern-ment met the needs of its members prior to Europeancontact is that no recorded history was made. Oralhistory and archaeological reports provides some in-sights. However, little research has been performed inthe area of Choctaw archaeology to provide conclusivedata. Most information is found in documents left by theSpanish, French and English explorers, priests andgovernment officials. Later, as the expansion of theUnited States occurred, American ethnologists and an-thropologists reported on American Indians, includingthe Choctaw Indians.

Perhaps the largest collection of data available onChoctaw Indians pertains to the treaty period. Informa-tion on the Choctaw and federal government relation-ship should be important to the student of Indian historybecause the Choctaw Nation was viewed by the UnitedStates Government as one of the most progressivegroups of Indian people. Most of the well-knownChoctaw leaders came from this critical period ofChoctaw history.

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CHAPTER 1 Precontact

DEMOCRATIC OR AUTOCRATIC

it may be impossible to completely reconstruct howthe Choctaws governed themselves prior to Europeancontact. However, there are indications that theChoctaw Nation consisted of small confederacies,towns and villages with each unit having a distinguishedleader, or leaders. Each village or town was consideredseparate with its own government and distinguishableboundaries. In this sense, the Choctaws had ademocratic type of government structure. Not one, but,perhaps, several distinguished leaders of villages ortowns made up the Council. The following descriptionindicates how a typical Southeastern Indian govern-mental leadership structure may have been:

. . . The Supreme, sovereign or executive powerresides in a council of elderly chiefs, warriors andothers, respectable for wisdom, valor and virtue(perhaps, thus including women). Minko was thehead of the Council. He had the power andperogative of calling a council to deliberate onpeace and war, or all public concerns, as inquir-ing into, and deciding upon complaints and dif-ferences, but he had not the least shadow of ex-clusive executive power.

The war chief was the next man in order of digni-ty and power. He represented and axe oised thedignity of the Minko, in his absence in council.His voice was the greatest weight in military af-fairs. His power and authority are entirely in-dependent of the Minko, though when a Minkowent on an expedition, he headed the army ofwarriors, and was, therefore, the war chief. Theywere elderly men, who in their youthful days haddistinguished themselves in war by valor, subtili-ty, and intrepidity.

The high priest lived in every town. He presidedover spiritual affairs. As a person of conse-quence, he maintained and exercised great in-fluence in the State, particularly In military affairs.The council never determine on an expeditionagainst their enemy without his counsel andassistance. People believed he had communionwith powerful invisible spirits, who had a share inthe rule and government of human affairs, as well

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as the elements . . . . (Father Charlevoix, 1721.p. / 31.)

Many historians indicate that the Choctaw Indians didmanage to benefit from the series of treaties and ex-change to property, but they neglect to mention thoseChoctaws who refused forced removal. The feelings ofthose Choctaw who stayed on their ancestral landswere captured by Judge James P. Coleman when he

wrote, "By the Next Morning after the Treaty of 1830was signed, the Choctaw Nation in Mississippi was nomore."

Tishomiko were other leading men in theChoctaw Nation. They were assistants to themiko. They served as spokesman for the miko,arranged ceremonies, and genera/1i assistedtheir chosen leaders in the performance of theirduties. (Hodgson, 1823, pp. 278-279).

4

Eagle Dance of the Choctaw by George Catlin 1834, Catlin drewseveral pictures of the Choctaw. The Eagle Dance was one of manydances performed before a council would take place. Reprinted by per-mission NATIONAL MUSEUM OF AMERICAN ART (formerly NationalCollection of Fine Arts), Smithsonian Institution; (Gist) of Mrs. SarahHarrison.

/3

The old men, women, youth and children completedthe governmental structure.

There are also Indications that villages and town mayhave been further divided Into white (peace) and red(war) towns or villages, The significance of these townsor villages is not certain, but they may have had to dowith the training provided to young men In the skills Im.portant to preserving the nOon.

The Choctaws had annual economic cycle which In-fluenced much of their activities, Gideon Uncecum, aphysician and naturalist, who lived with the Choctaws,gave the following description:

"In milwinter the fields were prepared for springplanting. After the crops had been planted in thespring and were growing wall, the Choctawdispersed to various streams and lakes, living onfish, ;wiles and fruits until time for the GreenCorn Donee in early summer, After theceremony, they returned to the streams andlaks and remained until time for harosting cornin the fall. When the corn had been harvestedand stored, the mon went off on their regular falland early winter hunt, and the women, children,and old people searched the woods for nuts andatitumnal fruits. By midwinter ail had returned andthe cycle began again with preparation of thefields for spring planting." (Lincecum, 10)

The Choctowd villages or towns were highly organizedwith Its own division of labor Uncecum describes theeconomic activities of a typical Choctaw village:

"Men hunted the major game animals and boyshunted the smaller animals, Men hunted with thebow and arrow, while the boys used the blowgunin addition io the bow and arrow. Fishing wasdone by both men and boys, and boys collectedmussels. Sometimes girls assisted boys in hut,-ting small game, fishing, and collecting mussels.Women, old people, and smeller children didmost of the food gathering. Honey was collectedby men, Men, women, and children all par-ticipated in horticultural work, Cooking. ,

,(women did the) as well as preserving and stor-ing foods derived from plants." (Lincecum19048, p. 521-542.)

Evidence suggests that the Choctaws had a Crow typeof kinship system, Fred Eggan, an anthropologist,found that though the Choctaw originally had a Crow

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bal.* of kinship system, there hed been definitechanges through intensive outside influences over ttlepast three centuries. (Egon, 1937, p. 41) Within theold kinship system relatives are organized into fourclans:

1. One's own Matrilineal clan2. One's father's clen3. One's mother's father's clan4. One's father's father's Oen

Relatives are classified on a "lineage" principle. In thefather's matrilineal lineage (and clan), for example, allmen are "fathers," their wives "mothers" or "step.mothers," their children. "brothers" and "sisters," allwomen of the father's generation and below are"father's sisters," those above being "grandmothers"or "father's sisters," all husbands of these women are"grandfathers," all children are "father's sisters" and"fathers;" (Egnan, 1937, p. 46,)

Choctaw and Chickasaw traditions indicate a closeielationship. There is a strong probability that theChickasaw and Choctaw were once one tribe, Therewas no "northern" province of the Choctaw Nation, butonly the southern, central, eastern and western. Thesedivisions would change as we will see later. TheChickasaw Inhabited the area which would havereasonably been a northern Choctaw district,

in addition, there i Nanih Waiyah, the sacred mothermound of the tribe. The fortified mound group clusteredaround the high mound; Nonih Waiyah stood betweenthe traditional Choctaw and Chickasaw country. Whenthe Chickasaw were part of the main body, the locationof Nanih Waiyah would have been at the center of thenation where it would be safest.

The Choctaws were said to be the fastest runners ofall southern Indians, able to out distance an enemyeither in pursuit or In flight They were also excellentlighters and hunters. Adair dftcribe the "war names"Os follows:

"They crown a warrior, who has killed adistinguished enemy. and Abi is their constantwar.period, signifying by their rhetorical figure"one who kills another". The following is aspecimen; one Initiating in war.titles, ls called"Tannap Abl", 'a killer of the enemy': he who kills

oerson carrying a kettle, is crowned AsonskAt)! Tasks; the first word signifies a kettle, andthe last a warrior. Shulush Numme Ashit MN, thename of the late Chocteh (sic) great war leader.

BEsT copy AMC 16

Nonth %with so d appeared oarke In lh twanItoth conlyty RophrtIodby pormisolon Misolonippi Dopwlmonl of Archivolt oond Hiolory

our firm friend tied Shoes, is compounded ofShulush. . door skin shoes, Humme, red Asht

They give their children names, expressive oftheir tempera, outward appearances, and othervarious circumstances: a male child they will callChula, the fox; and a female, liskohle, theblossom, or flower, The father and mother ol the(ormer are called Chula MK and Chula Ishtar, thefather and mother of the fox." (Adair, 1930. PP.199; 201)

Abi Is preserved in the modern Choctaw names asTubby Swanton illustrotes how the change look place

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"

"The Chief, Homestubbee, also had a PIP.. Itwas given by Simpson Tubby's great, grand.father, Mashulatubbi, fo his grandfather, Aliktub .bi, and than passed to his (father) Lewis Tubby."(Swanton, 1931, pp. 127, 131)

The Choctaws practiced headflattining. This customand the Choctaw "Scaffold burial" for their dead isoften mentioned by early writers, A cry for the deadwas also practiced by the Choctaw. This occurred afterthe flesh of the body had boon removed from the bonesby the bone gatherer.

According to Campbell, the Choctaws also believedIn a dual afterworld A compote!e version symbolizesthe following picture.

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Cog Iv 01 Roy Simpson Tubby's FAMY STRUOOLES, a loarcolyroNgious book Ab Out fus hlo and tho vonthhon of tho OSA Only i low000los of thr ontAnot vnum siH okisl ARI Y 1.014U0O4r$ huhronontly boon roonnlod

"Each Choctaw Is blived to have two souls thatsurviv his dath. One of ths is the Shilup, enoutsid shadow which in life always follows him,and aft r death remains in the vicinity to frightenhis survivors by moaning at night or by assumingthe form of a fox or an owl, uttering cries whichare interpreted as bad omens.

The scond soul is th Shltomblah, and Insidshadow or spirit, which at death goes to the aftr.world." (Campbell, 1959, p, 149)

The Choctaw government of the past was complexwith an integration of state and religious principles intertwined closely. The rekttionship of civic, political,economic and reHalous loaderS was ono of mutualagreement. The Choctaws practiced a democratic,representative government, as shown by the councilconcept.

The extended family structure indicates a matrilinealmphasis, but the process of leadership selection, orlection, had much to do with past activities of in-dividuals In time of war or honorable event .

it seems likely that no one person had an exclusiveexecutive power, but that as a collective unit, the coun-cils were in proxy authority, The ultimate authority wasin the hands of the people, a forerunner of the basicprecepts of American democracy The agriculturalpractice of individual family garden plots further sup-ports the theory of a democratic sodety.

The concerns of the Choctaw government in pre .historical past is not completely reconstructed;however, continuing inquiry into past Choctaw govern.ment should enhance this small beginning

is

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Chapter 2

French-Choctaw Contact,1680s to 1763

AFTEREFFECTS OF THE LA SALLEEXPLORATION, 1682-1700

The first French exploration party to penetrate deeplyinto the southeast was the one led by La Salle down theMississippi River in 1682. The records of that explora-tion show that the Frenchmen met Ouapaws,Chickasaws, Natchez, and Coroas, but there is nomention of Choctaws. In many ways, however, this ex-pedition was fated to focus European attention on theChoctaw.

First and most directly, the expedition led to theestablishment of a trading post on the Arkansas Riveramong the Ouapaws in 1686. The post was establish-ed by Henri de Tonti, La Salle's right hand man. Thispost, as a follow-up to La Salle's exploration, scaredthe English colonists of the Carolinas and Virginia, whorealized that the French were determined to colonizethe Mississippi Valley, thereby blocking the westwardpush of British colonists.

THE COURSE OF THE FRENCH ALLIANCE,1702-1720

By the time the French were ready to make a seriousattempt at colonization on the Guff Coast, the Choctawhad lost more than eight hundred people to British slaveraids, not counting those who were killed in defendingtheir villages. The French, led by lberville, landed onthe Mississippi Guff Coast in 1699 among the Biloxisand Pascagoulas. Information given by these coastaltribes soon made the French aware of the size andpower of the Choctaw Nation, as well as its predica-ment at the hands of slave raiders. In 1702, a smallFrench settlement had been estabished on the coastnear Ocean Springs. The French were preparing tomake a larger settlement at the north end of MobileBay, and Tonti was summoned south by lberville toserve as his ambassador to the Choctaws andChickasaws.

The Choctaws had had time to weigh the advantagesof an alliance with this new group of Europeans. These

DE SOTO DISCOVERING THE MISSISSIPPI by Alexander Alaux , Thispainting currently hengs in the Old Capital Building in Jackson,MississiPgi. Though weicomed with open arms by the tribes of theSoutheast, Do Soto returned their kindness with demands for wealthand women. He was later unceremoniously kicked out of Choctawcounties after several bathes with the tribe and its allies. Reprinted bypermission Mississippi Department of Archives and History.

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Europeans had shown no interest in Choctaw lands.They offered a trade that would provide them with theguns they needed to defend themselves against theslave raids. Tonti had hopes of securing an alliance withthe Chickasaws and expelling the British traders fromtheir villages.

As the small French colony struggled to implant itselfaround Mobile Bay and the Mississippi coast, earlycrops attempted by the colonists failed frequently.When supplies from France ran short, the Frenchdepended upon the considerable farming and huntingskills of the Choctaws for food. For this, the Frenchtraded firearms and other goods. Sometimes thingswere so bad with the French colony that some of itspeople would be sent out to live among the colony'sIndian allies, which included the Choctaw.

Although the new French trade held many benefitsfor the Choctaws, it also had its perils. Greatest amongthese was European disease. The Choctaws had neverencountered European diseases like smallpox,cholera, plague, or typhoid, so they had no natural im-munity to any of them. Whenever such a disease brokeout among their European neighbors, it was likely tospread in epidemic proportions among the Indians. Soalthough at the time of French contact the Choctawprobably numbered more than twenty thousand,disease brought that number down to fifteen thousandwithin ten or fifteen years.

The alliance with the French also altered theChoctaws' political relationships with neighboringtribes. The evidence of archaeology, together withwhat is said in the earliest documents about the reputa-tion of the Choctaw as seen by other tribes, suggeststhat those tribes considered the Choctaw to be an im-portant and sometimes fearsome tribe, one to which itwas a good idea to stay on good terms.

When the English and then later the French came,these patterns of friendship, alliance, and enmityshifted. It is likely, for example, that since the Natchezwere early allies of the French as well, a better relation-ship between the Natchez and the Choctaw developedfor a time. Certainly the coastal and Mobile Bay tribesbecame even more closely linked with the Choctaw forthe same reason. On the other side of the coin, whenthe Chickasaw were unwilling in the end to give up theBritish trade, a certain amount of antagonism began todevelop between them and the Choctaw. Things werenot the same in intertribal relationships after the arrivalof these two strange groups of whites.

Both Frenchmen and Choctaw knew perfectly wellthat alliances rested upon exchange of goods and ser-vices that were seen to be profitable by both sides.But, there were differences in the two groups' ideas ofwhat these exchanges meant. To the Choctaws, therewas really no "trade". The two parties to an alliance ex-

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changed gifts with each other, and in the end thesegifts worked out to a roughly equal value. The French,on the other hand, made an actual distinction betweengifts and trade. The trade was strictly regulated: somany deerskins for a gun or a shirt. The gifts, whichwere given out by the French to certain Choctaw menwhose political influence they wanted to win over, weremeant to build French influence by being used to turn

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by these men as gifts to other Choctaws.' In this way,the French tried to build a system of ranks among theirfriends, honoring one man as supreme chief of the na-tion. Three or four men were honored as "medalchiefs"; because they were given large silver medals towear, they were called "medal chiefs". Finally thevillage chiefs and "honored men" (probably older menwho served as advisors to the chiefs) received gifts ac-cording to their ranks.

PUTS OUT AND KILLS, FIRST CHIEF by Gaorge Catlin 1836. A medalchief. NATIONAL MUSEUM OF AMERICAN ART (formerly National Col-lection of Fine Ads), Smithsonian Institution.

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During the early years of the French colony, colonistsnumbered only a few hundred. They were concen-trated on the Mississippi Sound coast and at the upperand lower ends of Mobile Bay. The French colony wasweak during this period, so much so that as a money-making proposition, it was a complete failure. Becauseof this weakness, the French were frankly dependentupon the Choctaw for help and sometimes for mere sur-vival. Yet the policies followed by the French governor,Cadillac, which amounted to milking the colony of everypenny it could yield, made trading terms with theFrench less and less favorable. He came close to los-ing most of the colony's Indian allies, including theChoctaws, to an aggressive English trading policy.

The Choctaw-French alliance was saved by thegreediness ofthe British traders, which led to the out-break of the Yamassee War and the downfall of theBritish traders in 1715-1717. The Yamassee War wasreally a full-fledged and widespread uprising against theEnglish, especially among their closer Indian neighborsto the east. In addition, the French colony's operationwas taken over by John Law and the Company of theWest. Then, in 1717 the seasoned Indian diplomatistBienville was commissioned as governor. Bienville pro-ceeded to capitalize upon the results of the YamasseeWar by establishing several mew French posts: FortToulouse of the Alabamas at the site of present-dayMontgomery, Alabama, on the invitation of the newAlabama Indian allies; Fort St. Pierre of the Yazoos nearmodern Vicksburg, where it could protect MississippiRiver shipping; and Fort Roasalie of the Natchez on theNatchez Bluffs, built by the Natchez themselves, as anapology for their reception of the English. As yet,however, no trade house or outpost was placed amongthe Choctaw except for the small stocks of itineranttraders that were kept in some villages.

THE FRENCH ALLIANCE AND CLIENTWARFARE, 1720-1740

Under John Law the population of the Louisiana col-ony was increased rapidly as hundreds of settlers weresent over from France during the 1719-1722 period.Yet still there was no pressure on the Choctaw lands ofeast central Mississippi, for the center of the colonyhad shifted west when Bienville designated Biloxi asthe main port of entry for the new colonists. As New

23 Orleans began to be built on the Mississippi, even thecapital was shifted from Mobile to the new city. Withthis shift, most settlement pressure was exerted on the

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Natchez. But, there were undeniable benefits that theNatchez could derive from the closeness of a Frenchsettlement, so that it was not until 1729, under the op-pression from a particularly greedy post commander,that the Natchez staged a major revolt. Alsmost all ofthe French men in the settlement were killed, whiletheir wives, children and black slaves were takenprisoner by the Natchez. A few days later the Yazoos,who had conspired with the Natchez, also revolted andkilled the men at Fort St. Pierre. Clearly, whatever mayhave been the justification for the Natchez and Yazoorevolts, the French felt they had to punish these tribesor lose face with the rest of their Indian allies.

But, the French colony was certainly not as well- sup-plied with soldiers as the Natchez and their allies were,

,

so the French had to turn to their Choctaw allies forhelp in punishing the Natchez in 1730-1731. Duringthe year of the Natchez rebellion, Governor Perier, whohad replaced Bienville in 1723, had sent a young of-ficer, Regis du Roullet, to make a study for theestablishment of a government-controlled tradinghouse in the Choctaw nation. Regis and another officerexplored a good deal of the Choctaw homeland.Ultimately Regis established his trading post in thesouthernmost Choctaw town of Yowani on theChickasawhay River because it was handy to bothMobile by land and New Orleans by river. But, the otherimportant thing for Choctaw history that came out ofthis exploration was the first attempt at a comprehen-sive mapping of the Choctaw towns, the famous 1733

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Map made on the basis of Regis' and de Luster'sroped* by the commondant at Mobile, the Baron deCranny. This map would remain the best source for theWagon of the Choctaw towns until the later remappingin 1772 bv Bernard Romans.

Atter the Natchez wars, the French realized thatalthough they had driven the Natchez from their homes,they had by no means destroyed the tribe. Instead, itssurvivors fled to the Chickasaws of north Mississippi,who had never coMpletety given up alligiance to theEnglish and had probably been involved in the Natchez-Yazoo conspiracy. In spite of the fact that it didultimately fail. Governor Perier was blamed-probablywith justice-for having allowed such an uprising totake place at all Once more Bienvilie returned to takeover as governor. His job-to destroy the Natzhez onceand for all and to subdue the Chickasaw and force themto give up their alliance with the English..

As a start, Bienville, encouraged the Choctaw tomake raids on the Chickasaw and paid bounty for eachChickasaw killed, in hopes that this tactic would forcethe Chickasaws to hand over the Natchez living amongthem and to trade only with the French. It soon becameapparent that this plan would not work. It would,therefore, be necessary to undertake a major waragainst the Chickasaw, which Bienville did in 1736. Heand his Choctaw allies came up the Tombigbee Riverwith the intention of attacking the Chickasaw from thesouth while a party of Frenchmen, with their IllinoisIndian allies, attacked from the north. But, just as withthe missed timing of the Natchez-Yazoo uprising, thenorthern group attacked too soon, and many of theFrenchmen in the party were captured and killed by theChickasaws. Their English military advisors found thecan*lign plans in the French commander's pocket,and when the French and Choctaws attacked severaldays later, the Chickasaws were ready for them, andthus, Bienville lost the famous battle of Ackia in thevicinity of modern Tupelo, Mississippi.

Hie Choctaw allies had acquitted themselves well,however, and in this war, a young Choctaw chief beganto make a name for himself. It was by his war exploitsthat Soulouche Oumastabe*-Soulier Rouge to theFrench and Red Shoes to the English-earned theFrench medal that made it poesibie for him to begin tobuild a power base within the tribe. Alibamon Ming04also played a prominent part in the Natchez wars andreceived a French medal. These two men were even-tually to become the moat influential leaders of thetribe.

25 cv

BlenvilWs failure at Acids meant that he had to mountanother expedition to assert French supremacy in thearea and to remove the Chickasaw threat to MississipPiRiver traffic. This expedition was to include massivenumbers of French troops sent to Louisiana specificallyfor this purpose. While preparations were taking place,however, two Choctaws, a man and his wife, weremurdered by two young men from Mobile. TheChoctaw asked that justice be done. Bienville, realizingthe risk of losing Choctaw allies, saw that the youngmen were tried and executed in front of Choctawwitnesses, thus establishing a precedent for nue!justice for Indian allies.

Bienville's second Chickasaw war of 1739-1740was a failure from the start. Soldiers who were notalready sick from the voyage from France fell ill on theway up the Mississippi River. The French found that itwas impossible to transport artillery and suppliesthrough the swamps of the Yazoo Basin to (each theChickasaws, and the "war" ended in a half-hearted andface-saving peace negotiated after a single attackmade by a Canadian contingent and its Indian allies.Bienville had failed, and for that he was recalled toFrance. Louisiana lost its wisest Indian diplomatist.

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A drawing of the location of Me Acids, Chukafloya, and Apeony villages. showingFrench attack routes (1736{. Reprinted by permission of Les Archives do France.

6.

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THE CHOCTAW CIVIL WAR, 1747-1750

From 1740-1744 the situation remained ratheruneasily the same as it had, Bienville was replaced bythe Marquis de Vaudreuil. In 1744, however, anotherwar broke out in Europe, with French and Great Britainon opposite sides. The success of English sea powerin this war meant that soon it became impossible for theFrench in Louisiana to obtain the trade goods that theChoctaw wanted. This was a crucial issue, becauseamong the Choctaw a whole generation had had time togrow up using guns instead of bows and arrows, clothinstead of skins, and brass cooking pots instead ofnative pottery. The Choctaw had become used to asteady supply of European trade goods. So it was thatduring the middle 1740s Alibamon Mingo joinedSoulouche Oumastabe in inviting English traders intothe nation.

This move was strongly resented by the French,although the Choctaw intention seems to have beenmerely to take a neutral course, as the Alabamas haddone an along. It was obvious to any practical-mindedChoctaw that he would be foolish to break entirely withthe French, and that he could also enjoy more materialcomforts if he maintained a trade with the English. TheFrench, of course, did not see it that way, and theyfeared what might happen to their powerful Choctawalliance.

The precise circumstances of what happened nextwill probably never be known, but for various reasons,inclucfing some undue attentions paid to SouloucheOumastabe's wife, a young officer from Tombecbe fortand two traders who lived in the nation were killed. Thishappened apparently at the command of SouloucheOumastabe but also with the cooperation of the twochiefs in whose villages the traders were located. Noone had forgotten that in 1738, the two young French-men had murdered two Choctaws and had been ex-ecuted for it, so to the French it seemed eminentlyreasonable that they shoal demand the same kind ofjustice from the Choctaw. But the Choctaw had nocourts or official executioners; when a murder oc-curred uithin the nation, the family of the victim wereentitled to expect that the murderer would presenthimself for execution. To do otherwise was a disgraceto one's family and unthinkable. Everything thusbalanced out equally, and everyone understood thatthis was what would happen. But, in this case, though itwas an ally whose men had been murdered, any Choc-taw who tried to avenge the murders would then put

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himself or his family in jeopardy within the nation. Sc, atfirst the Choctaw responded by killing Chickasaws andEnglishmen, the common enemies of Frenchmen andChoctaw.

The French did not understand this principle, andcontinued to insist that the guilty men or the chiefs whohad ordered the murder should be killed by the Choc-taw themselves. To encourage their allies, the Frenchthreatened to withhold the trade merchandise that theChoctaw needed. Their allies, however, no longer in-cluded the whole of the Choctaw tribe. SouloucheOumastabe had cleverly used presents and profits fromboth French and English to build a party for himselfwithin the nation, predominantly located in the WesternDivision towns, and this party had followed SouloucheOumastabe in going over entirely to the English. By thesame token, Alibamon Mingo had built a similar factionin the Eastern Division, and this faction remained loyalto the French. Both factions killed French and Englishmen respectively to satisfy their European allies. Suchproxy murders went on back and forth for many monthsuntil finally a Choctaw escort of one of the Englishtrading convoys was killed by accident.

Now there was cause for the intratribal retaliationmechanism to come into play. As the Choctaw werenow divided in their allegiances and pressured by theirEuropean allies. The reasons why this single deathescalated rapidly into civil war are complex, but themain outlines are clear. In spite of the fact that the pro-British faction enjoyed numerical superiority, theEnglish line of supply was too long and it was difficult toprovide the war materials they needed. In the end, theproximity of the French to their allies told in their favor.More than 800 Choctaws were killed, and the sixtowns Division was savagely split apart, before the warended in 1750 with a treaty that provided for a moreregular settlement of murders between French andChoctaw.

There is no-doubt, however, that the social structureof the Choctaw nation was seriously damaged by a civilwar that not only pitted Division against Division butperhaps also moiety against moiety. There is a goodreason to suspect that the Choctaw tribe itself was aconfederacy of different ethnic groups like that of theCreeks. They could have bonded themselves into apowerful group by ruling that members of the onemoiety must marry members of the other, and that thechildren would belong to the moiety of their mother. In

12

DUREAU OF AMERICAN ETHNOLODY SULLETIN $1 PLATE

THE OLD CHOCTAW COUNTRY. MISSISSIPPI

Towns belonging to the Central, Eastern, Southern, and Western divi.sions of the nation, respectively. The dotted lines indicate the bound-aries between the three latter divisions in the early part of the nine-teenth century. This map ..fronT Swantons CHOCTAW SOCIAL ANDCEREMONIAL UFE represents only a fraction of the land base of theChoctaw nation.

this way the moieties would become distributedthroughout the villages. This is what seems to havebeen the case with the Choctaw, since we know thatSoulouche Oumastabe and his supporters of the Westbelonged to the opposite moiety to Alibamon Mingo andhis Eastern allies. If this is true, then the unique culturethat the Choctaw created out of the blending of twomoundbuilding Mississippian cultures lost an importantpart of its cohesiveness in this civil war, and the Choc-taw, who up until the war had notably resisted anyserious adoption of European custom, were much moreculturally vulnerable in its aftermath.

POSTSCRIPT: 1750-1763

The years following the Choctaw civil war were quietones for the tribe. During this period, also, French andBritish clashes shifted further east, as the French wonmany Creeks to their side in the 1. ears leading up to theFrench and Indian War and had even won over someCherokees by the time that war got well underway. Atits conclusion with the Treaty of Paris of 1763, theFrench handed over their lands east of the MississippiRiver to the British, and just two decades later theBritish succumbed to the Americans, leaving theChoctaw to make more difficult cultural adjustments.

French Spelling

tFrom the French moitie (half); anthropological termmeaning half of a tribal group.

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Chapter 3

Treaties and the ChoctawPeople

From the moment of their first contact with Europeanexplorers, American Indians encountered a puzzling ar-ray of laws and diplomatic maneuverings foreign to theirnormal way of dealing with each other. After the arrivalof the Europeans, the Choctaw nation had to interactfrom time to time with Spaniards, Frenchmen,Englishmen, and eventually the Americans of theUnited States. One of the most confusing of the whiteman's ways was the use of written documents whichwere impressive to people who had not yet developeda written alphabet. These "talking papers" couldpreserve a man's words for years without mistake oromission. The Choctaw, on the other hand, had reliedon tribal members to repeat legends as well asagreements with their neighbors. Although the Indianshad accurate recall ot events occuring around them,their memory could not match the written word over aspan of time.

The Choctaw were especially in awe of writtendocuments such as treaties which outlined thebounderies of their territory or specified obligations andagreements between them and the white men. Beforemeeting the Europeans the tribes probably made verbalpromises when trading or negotiating with each other.Such understandings had to be reinforced or re-negotiated in order to remain in force and this continualredefining also must have allowed minor changes to oc-cur.

European settlers, however, believed that treatieswere necessary in order to satisfy their cultural laws aswell as their consciences. They also neededdocuments to back claims upon Indian land againstother European countries. These treaties covered ar-rangements for trading as well as boundaryagreements. The Europeans traded manufactureditems such as iron tools, blankets and gunpowder forIndian furs and deerskins. While some treaties providedfor land cessions to Europeans for forts and tradingposts, others stated fixed boundary lines betweenwhite men and the tribes.

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During treaty talks the three Choctaw tribal divisions,the Upper Towns, Six Towns and Lower Towns, eachwere represented by a minko (leader). Although sometreaties were signed by them all at times, they madetreaties individually with the Europeans. The Europeanscarefully sought out tribesmen within the divisions whowere sympathetic to them. Since presents and tradegoods often were distributed through these selectedrepresentatives, they soon became powerful and moreinfluential within their group.

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In the 18th and 19th centuries, treaties were usuallynegotiated following a change (in the nationally of theEuropeans claiming Indian territory.) Although Spainhad the earliest of these claims to Choctaw lands, laterexplorations gave the French control over the area.After France had been defeated by England in theFrench and Indian War in 1763, Spain received theLouisiana territory by treaty with France, and later in1780, during the American Revolution, seized Floridafrom Great Britain. The United States obtained claim to

APUSHMATANA, noted Choctaw leader, painted by C. B. King inWashington, D.C. 1824. Reprinted by permission NationalAnthropological Archives Smithsonian Institution.

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Choctaw lands in 1795 by treaty with Spain and almostimmediately began separating the Choctaw fromSpanish influence in Florida. Not until the war of 1812did the United States occupy West Florida and isolatethe Choctaw from Spanish influence.

The first treaties between the United States and theChoctaw nation mainly agreed to boundaries mid ces-sions made earlier by the tribe to Europeans. TheTreaty of Hopewell in 1786 set dividing lines betweenthe Choctaw, Chickasaw. Creek and Cherokee tribes.The treaty also gave the United States the right tooversee tribal activities, especially if the Indians at-tempted to associate with the Spanish or English in thearea.

When the Mississippi Territory was formed in 1798,it contained, within its bounds, the entire Choctaw na-tion, and white settlers were strictly prohibited by lawfrom entering tribal lands without Choctaw permission.However, some settlers, called squatters or intruders,did violate this law and settled in Choctaw country.These white men were few in number and not nearly asimportant a factor in forcing land cessions as somehistorians have suggested. These mixedbloods helpedobtain later land cessions from the tribe for the UnitedStates.

In 1801 the Treaty of Fort Adams restated the limitsof earlier Choctaw cessions to Spain and Great Britainand also gave tribal permission to the United States toconstruct a road later called the Natchez Trace.Treaties signed in 1802 at Fort Confederation and in1803 at Hoe Buckintoopa, both on the TombigoeeRiver, were also limited in scope and allowed only asmall cession of land.

Not until 1805 did the Choctaw minkoes agree togive a major slice of land to the United States, and thenonly to obtain money to pay a long standing debt to aBritish trading firm. The United States, under PresidentThomas Jefferson, wanted Choctaw lands along theMississippi River as homesteads for settlers who woulddefend the area from foreign attack. The Choctawwould not give up that land and offered instead a widestrip from the Natchez District to the Tombigbee region.Jefferson refused for over two years to agree to such acession and only changed his mind in 1808 when newproblems with Spanish West Florida made the land theChoctaw offered more attractive to him as a defensiveregion.

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Treaty of Fort Adams. ; $o 1, 2,64142o acres

Treaty of Hoe Buckintoopa, 1803, 153,760 acres

Treaty of Mount Dexter, tilos, 4,142,720 acres

Treaty of Fon& Stephens, 1816

Treaty of Doak's Stand, 1920, 3,26,499 acres(Indian cession to

Treaty of Doak's Stand, 182o, 13,000,000 acres(U.S. cession to Chwtaws)

MI Treaty of tit:5Treaty of Dancing Rabbit Creek, 183o,

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Land Cessions

Reproduced by permission of the University of Tennessee Press from Arthur HDe Roster. Jr Th Removal of the Choctaw Mcbans 1 1970 by the University ofTennessee Press

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The Treaty of the Choctaw Trading House in 1816was made in order to end conflicting claims by both theChoctaw and Creek tribes to an area east of the Tom-bigbee. General Andrew Jackson's decision to force ahuge land cession from the recently defeated Creekfactions in the Creek War required the Choctaw to giveup claims to that section before he could open the ter-ritory to settlers.

After Mississippi entered the union as a state in1817, however, the reason for seeking land cessionsfrom the Choctaw changed completely. Mississippi of-ficials argued that an independent Indian nation couldnot exist within the same boundaries as anothersovereign state. Furthermore, the United States hadearlier set a precedent in Georgia when promisingremoval of Indian nations from that state in order to ob-tain Georgia's agreement to the new constitution. Thefederal government allowed the boundaries of newstates such as Mississippi and Alabama to include ex-isting Indian country and set the stage for a major clash.

After 1817 most Mississippi officials worked todestroy the structurd of the Choctaw nation whileallowing some white-educated Indians and mixed-bloods to become state citizens. These officials push-ed hard for removal or all "backward" and "savage"Choctaw to lands west of the Mississippi River, landsstill wild enough to support those people desiring topursue their ancient way of life. Some white men evenenvisioned an Indian Territory where Indian law andcustom would be legal, a territory which might somedayenter the union as an equal state of the United States.

With this goal of removal in mind, Andrew Jacksonand others bargained with the Choctaw at the Treaty ofDoak's Stand in 1820. The treaty gave the tribe a largetract of land in Arkansas in exchange for a slightlysmaller area in central Mississippi. But, the Arkansasland had already been settled by white Americans andthe treaty had to be renegotiated at Washington, D.C.in 1825.

The Choctaw debated intensely with federal officialsin Washington before agreeing to accept land inOklahoma and annual cash payments in place of theArkansas lands. When the great Choctaw Chief

Apushmatah a was asked why he praised the virtues ofthe Arkansas land during these negotiations whenearlier he had complained that the land was poor andhad "bruised his feet," he replied that earlier he hadbeen a buyer, now he was a seller. The shrewd chiefalong with other capable men of his delegation in

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Washington wrung a subst ntial settlement from theUnited States before they signed the new treaty.Apushmataha died during his visit to Washingtonand was buried there.

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HENRY WILLIS, 102 years old in 1933. His life spanned the removal tothe beginning of the New Era. Reprinted by permission ChoctawAgency BIA.

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In 1825, while in the capitol city the Choctaw leadersfirst heard that President James Monroe's governmenthad proposed a removal treaty. They responded elo-quently with an address to Congress that pleaded forwhite understanding and brotherhood toward theIndians. But shortly after, the Mississippi statelegislature passed laws nullifying Choctaw tribalgovernment and outlawed all Choctaw officials not em-powered by the state. Then in 1930 the United StatesCongress passed the Indian Removal Act which provid-ed that Indian people should be moved west across theMississippi.

In the face of continuing pressure from the federaland state government, during the 1820's and 1830'sthe Choctaw Nation developed a thriving governmentwith a constitution, a police force, and a court systemthat serve all the citizens of the nation.

The full impact of these state and federal actions hitthe Choctaw nation at Dancing Rabbit Creek in the fallof 1830. The Choctaw were presented a treaty givingindividual tribesmen a choice of remaining inMississippi as citizens on their own plots of land or ofremoving to Oklahoma to pursue their traditional way oflife. Many who wanted to stay were cheated out of thatchance by a corrupt Indian agent William Ward. Most ofthose who stayed in Mississippi suffered over a centuryof poverty and white bigotry. After removal, the Choc-taw signed other treaties but none ever changed the lifeof the people so profoundly as did the one signed at thecreek where the rabbits danced.

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CHOCTAW REMOVAL by Va yew Hissing. Most tribal members whowent to Oklahoma traveled in the winter after the crops were harvested.The winters of the early 1830i were some of the worse on record.Many lives were lost on the removal. Reprinted by permission PhilbrookArt Center, Tulsa, Oklahoma.

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SOME IMPORTANT CHOCTAW TREATIES

TREATY YEAR SIGNED WITH WHERE SIGNED I

Charleston 1738 Great Britain Charleston Trade and Alliance

Mobile 1749 France Mobile Trade and Alliance

Grandpre 1750 France Choctaw Nation Ended Choctaw Civil War

Augusta 1763 Georgia Augusta Amity

Mobile 1765 Great Britain Mobile Land Cession, Boundaries defined

Mobile 1783 Spain Mobile Trade and Alliance

Charleston 1783 Great Britain Charleston Trade and Amity

Pensacola 1784 Spain Pensacola Trade and Alliance

Hopewell 1786 United States South Carolina Southeastern Tribal Boundaries defined

Fort Adams 1801 United States Mississippi Territory Redefined Choctaw cession to Englandand permissk,n for Natchez Trace

Fort Confederation 1802 United States Mississippi Territory

Hoe Buckintoopa 1803 United States Choctaw Nation Small cession on Tombigbee River andredefine English treaty of 1765

Mount Dexter 1805 United States Choctaw Nation Large cession from Natchez District tothe Tombigbee Alabama Riverwatershed

Choctaw Trading House 1816 United States Ft. Confederation Ceded all Choctaw land east ofTombigbee River

Doak's Stand 1820 United States Natchez Trace,Choctaw Nation

Exchanged large cession in Mississippifor a slightly larger parcel in Arkansas

Washington 1825 United States Washington, D.C. Exchanged Arkansas land for Oklahomaparcel

Dancing Rabbit Creek 1830 United States Choctaw Nation Removal Tieaty

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Chapter 4 A New Era

THE DARK AGES

In 1830, the Choctaw people in Missisaippi enteredthe period they call "the dark ages." In that year, theywere forced to sign the Treaty of Dancing RabbitCreek. With this treaty, their last remaining land wassurrendered to the United States. Tribal governmentwas abolished in a law passed by the new State ofMississippi. Officially, the Mississippi Choctaw Nationno longer existed.

Most of the tribe was removed to reservation land inthe Indian Territory of Oklahoma. Oklahoma is aChoctaw phrase translated Utterly as Red people. But,under the terms of the treaty, any Choctaw who wishedto remain in Mississippi could do so. They wouldbecome citizens of the United States. Each head of ahousehold was to receive 640 acres of land. Eachchild over the age of 10 would receive 320 acres ofland and each child under the age of 10 would receive1 eo acres. In fact, only a few Choctaw received anyland at all. Because, in order to receive land, the Choc-taw had to register with the federal Indian agent inMississippi and the agent refused to register mostChoctaw. Records and land titles were destroyed ordisappeared mysteriously and the few who managed toregister received little lead at all. Others, who left theirhomes on a hunting or business trip, would come backto find a white man with a shotgun on their porch. Theyhad no choice but to go away.

The Choctaw people were scattered over 31 coun-ties. They became squatters and sharecroppers on theland of white owners. They lived in poverty. They livedquietly. Few people even knew they existed. They hadlost everything except their culture, their language, andtheir pride.

In 1916, John Reeves, a Special Supervisor in the In-dian Service visited the Mississippi Choctaw. He sent areport to the Secretary of the Interior in Washington.

In land owned by the Indians is of the most in-ferior quality. . . A few head of stock and one ortwo farming implements is about all any of theseIndians own . . . The vast majority of them ownnothing and are practically destitute, living indecrepit shacks and cabins that but indifferentlyafford protection against the elements. The or-dinary comforts of life are absent and luxuries

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unknown. . . . Tuberculosis and unsanitary condi-tions generally has caused the death rate to ex-ceed the birth rate so that at this time there arescarcely 1,000 real Indians in the state.

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Group of Choctaws circa 1908. Photograph courtesy of Museum ofthe American Indian, Heye Foundation.

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THE SHARE CROPPING SYSTEM

In order to survive, the majority of Choctaws becameshare croppers or tenant farmers. The share croppingsystem developed across the south after the Civil War.Under the system, a land owner would allow a Choctawfamily to live on a plot of his land in exchange for ashare of the crop they produced on that land. In thespringtime, the landlord would give the sharecropperseed, fertilizer, food, household necessities, farmequipment and, perhaps, a horse as an advance. At theend of the growing season, the landlord might takemore than half the crop as his share for use of the land.But, the sharecropper was also expected to pay backwhat he had been given in advance by the landlord outof his oi,40 shiie of,the crop. Often, the landlord wouldclaim that he was owed moo:1414n hls,enaM's share ofthe crop. Again the Choctaw shirecitOper, after aseason of back breaking work, would end up withnothing. The typical share cropper becamepermanently in debt to his landlord. If they protested, orwanted to move, they were under threat of arrest by

CHOCTAW SHARE CROPPERS picking cotton on land that was oncetheW own. Repdnted by permission Choctaw Agency BIA.

local police because of their debt to the landlord. Thissystem continued for about 100 years. A report by theChoctaw Indian Agency in 1935 stated:

. . . at least 50% of the white landlords in what isknown as the North Bend and Bogue Chitto Com-munity practice an absolute practical slavery overthe Indians who live with them.

Bad times became worse. Severe weather and an in-festation of the boll weevil seriously damaged the cornand cotton crop. An outbreak of influenza killed bet-ween 20%-50% of the remaining Choctaw people. Ac-cording to John Reeves, there was immediate need"for relief in the form of clothing and subsistence tokeep many of these Indians from great suffering, if notactual starvation." In 1917, a committee of the UnitedStates Congress conducted hearings in Union,Mississippi. They learned how much the Choctaw peo-ple had been suffering, and they became convincedthat something needed to be done. The report of that

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committee was a major factor in the establishment ofthe Choctaw Agency in Philadelphia the following year.Under the control of the Bureau of Indian Affairs, theChoctaw Agency acted to provide the Choctaw peoplewith economic assistance as well as aid in the areas ofhealth and education. After 90 years of fraud, Pre-judice, economic deprivation, and many attempts toremove them to Oklahoma, the United States govern-ment finally realized that the Mississippi Choctaws stillexisted and that, in spite of aN efforts, they would notleave the home of their ancestors.

COLONIZATION

In 1921, the Choctaw Agency began a plan of"colonization." The plan called for the purchase ofsmall plots of land, 20-40 acres, in seven major areas.The plots of land would then be resold to full-bloodChoctaws with loans. Finally, a school was to be built ineach of the seven areas to serve as centers for primaryedu-ation and community activity.

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FIRST AGENCY BUILDING circa 1933. Main administrativ functionsof the BIA. are conducted in a modem facility one block from thissite. Reprinted by permission Choctaw Agency BIA.

The purpose of the "consolidation" plan was, first, toconcentrate the Choctaw people in population centersin order to support and continue tribal identity. Second,the plan aimed at freeing tribal members from thesharecropping system. The Agency hoped that throt.ghagriculture, the raising of fruit, vegetables andlivestock, the Choctaws could become Independentfarmers. The Agency expected that farming would notonly give Choctaw families enough food to eat, but alsoenough money to pay back the loans on their landi

The first phase of the plan was successful. Within tenyears, almost 4,000 acres had been bought and resoldto tribal members, and seven schools were operating inthe areas which are today's Mississippi Choctaw com-munities. An Indian hospital was built in the city ofPhiladelphia and by 1930, the birth rate of Choctawssurpassed the death rate. The second phase of theprogram, however, was not successful. The plots ofland that the Agency purchased were too small and too

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poor in quaNty to produce enough food to feed families.There was no hope that they could produce enoughcash income to pay off their loans. Most of the loanswere dofaulted upon.

RESERVATION

In 1934, Presklent Franklin Roosevelt signed intolaw the Indian Reorganization Act. This law would havemany important consequences for the MississippiChoctaws. One provision of the law stated that triballand should not be parceled out in small plots to in-dividuals, but rather, it should be held in common forthe entire tribe in trust states by the federal govern-ment. As a result, all of the small plots that indMdualChoctaws had defaulted on, were placed under thetrusteeship of the Choctaw Agency. The IRA also pro-vided funds for the purchase of land. With this, theChoctaw agency purchased additional land until almost

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18,900 acres were held in trust fOr the benefit of theChoctaw people. A proclamation by the Secretary ofthe interior in 1944 deckued that aN the land held intrust for the Choctaw people was designated as theChoctaw Reservation.

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THE CHOCTAW AGENCY as it looks today, recently expanded andremodeled.

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THE RE-EMERGENCE OF TRIBAL GOVERNMENT

The Indian Reorganization Act would also have an im-pact on the development of tribal government. The IRArecognized the right of Indian people to organize con-stitutional tribal governments and, as a result, theChoctaw Business committee was formed. It was thefirst form of tribal government that had been allowedsince 1830. The committee was composed of 17representatives from the seven communities. The Com-mittee, however, was almost completely under the con-trol of the Choctaw Agency Superintendent. The Com-mittee met only on the call of the Superintendent and

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44.4611164...

Emmett York talking to community meeting May 1970. RePrinted bypermission Choctaw Agency BK.

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Joe Chitto and his wife Zula Chitto in Philadelphia. Reprinted by permis-sion Choctaw Agency BIA,

Emmett York and Prentiss Morrie at Community meeting. Reprinted bypermission Choctaw Agency BIA.

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Baxter York at Choctaw Fair in 1969. Photograph by Les Leverett,courtesy of Choctaw Archives.

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The great Jim Thorpe warming up for a baseball game inPhototycph courtesy of the Jim Thorpe Foundation.

Wes authOrized 10 act only on tile agenda Pre Pared bYthe Superintendent. Meetings were held in the office*,of the Choctaw Agency.

Not aN tribal members were willing to accept anorganization so completely dominated by the AgencySuperintendent. Opposition leaders formed a rivalorgsnization, the Mississippi Choctaw Indian Federa-tion. The Agency Superintendent acted to underminethis organization and some "trouble makers wereremoved from the reservation. In 1935, the Agencyreported,

For most of 1934 and part of 1935, theorganization tried to make trouble and succeed-ed to some degree to a point where it becamenecessary to transfer said farmer to anotherjurisdiction because his ideas and policies as towhat was best for the Choctaws, and theSuperintendent's Ideas and policies, had been inconstant conflict.

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et-

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Robert Senn, Superintendent ot Choctaw Agency.

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Mr. Bann working out a problem with Ray Thomas. Administratire of-ficer for the Choctaw Agency.

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MEMBERS OF THE CHOCTAW COUNCIL inspecting a treaty betweenthe U.S. and the Choctaw Nation. L to R: Emmett York, Will Jimmie,Baxter York (standing). Joe Chitto, Chairman, and Tom Weir. Lawyer.Reprinted by permission Ken York,

The Agency Superintendent prevailed. The Federationdisbanded and in 1935, the business committee votedto accept the provisions of the Indian ReorganizationAct. The Committee elected a Chairman but he was ap-pointed to the Committee by the Superintendent.

For the most part, action by the Business Committeeon its agenda was a formality. For example, during oneof its first meetings, the Committee was authorized bythe Superintendent to discuss such issues as thegranting of tribal leases, the selection of delegates torepresent the tribe in Washington and the employmentof an attorney. The Agency report of that meetingstates that, at that time, there was no one seeking alease on tribal' land, there was no need for anydelegates to travel to Washington and there was noneed for a tribal lawyer. The work of the Committee,therefore, was merely an exercise in representativegovernment. They had no power to deal with issuesthat were really important to tribal members.

In 1944, when the Secretary of the Interior declaredtribal land in Mississippi to be a reservation, he alsoauthorized an election for the adoption of a Constitu-tion. Approval of the Constitution by the Mississippi

Choctaws led to the creation of a 16 member TribalCouncil composed of elected representatives from theseven communities. From its membership, the Councilelected a Chairman. But again, the Tribal Council hadno real power and little influence over tribal affairs. Itsmeetings were conducted at the Choctaw Agency. Itsdecisions could be vetoed by the Agency Superinten-dent. This situation continued into the early 1960s.

Adoption of the Constitution and the creation of theTribal Council did have one extremely important im-mediate result. It was followed by an act of Congressthat officially recognized the Mississippi Band of Choc-taw Indians to be a tribe under the laws of the UnitedStates. It was the first formal recognition of Choctawtribal government in Mississippi since 1830 when ithad been removed to Oklahoma.

PATERNALISM AND ASSIMILATION

In 1831, Chief Justice of the Supreme Court JohnMarshall wrote, in his opinion in Cherokee Nation vs.Georgia, that the relationship of Indians to the UnitedStates was that of "a ward to his guardian." As one ofthe pieces of evidence, the cited Indians referring tothe President as their "great father." This kind ofreasoning became the dominant attitude of the majorityculture toward Indians once they were no longer bat-tlefield opponents. Indians were seen as "children"who were incapable of knowing what was best forthemselves and incapable of managing their own af-fairs. Therefore, government officials and others whosaw themselves as "white fathers" would have to makeall the decisions in the best interests of the Indians. Itwas an attitude of "paternahsm." What was believed tobe in the best interests of Indians was that they shouldfit themselves completely into white society. This ispart of the "melting pot" theorythat this country iscomposed of diff erent peoples from diff erent countrieshaving different cultures. In order for them to becomeAmericans, they would have to lose their differences.In this way, they would become assimilated. ForIndians, the call for assimilation meant the loss of tribaland ethnic identity.

For the Mississippi Choctaws, the call for assimilationcame from those who saw themselves as friends. Aftertaking Choctaw land and forcing them to become out-casts and virtual slaves in their former homeland, someAmericans felt a sense of guilt. They felt they had aresponsibility to provide assistance But thew aim was

57

not to restore tribal authority and identity. It was tomake Choctaws just like everyone else. In 1922, Con-gressman William W. Venable of Mississippi stated thataid to the Choctaws in his state was "due as a moralobligation to help primitive people conform to whiteman's civilization."

The government sponsored "colonization" plan wasmeant to achieve this objective. As independentfarmers, Mississippi Choctaws would become likeother Americans. By providing economic aid, educationand health services, the plan did ease some of the suf-fering. But the "colonization" plan did not fail becausethe Choctaws could not manage their own affairs. Itfailed because government officials did not understandthe difficulty of farming the small, poor, red-clay plots ofland they had purchased for the Choctaws.

In the 1930's, with the passage of the IndianReorganization Act, government methods weremodified, but the goal of guiding Choctaws towardassimilation continued. Attitudes of paternalismremained. Government officials recognized that the"colonization" plan of the preceding decade had failedto end the sharecropping system. No viable economicsystem had been found to replace it. Their solution forthe Choctaws was to substitute dependency ongovernment for dependency on the landlords. In areport by the Choctaw Agency in 1936, it was recom-mended that "government should take over the socialand economic role of the landlord and merchant class"in order to end the sharecropping system.

Government action did lead to some improvements.There were increased levels of economic aid. Theeducational system was strengthened, and health carewas improved. Additional land was purchased. A limitedform of tribal government was encouraged. In 1936,Agency report recommended that a representativeChoctaw government from the seven communities beformed. Tribal government would serve as "clearinghouses for grievances . . . they cm-Ad function both asadvisory bodies to the agency for the drawing up ofprograms and as executive bodies to carry them out."However, the report cautioned that "the position ofultimate authority should be vested in the Superinten-dent because "Choctaws are too illiterate, disorganiz-ed, and culturally disintegrated and too unfamiliar withthe role of leadership in competitive society" to be ableto manage their own affairs.

But, government directed efforts to manage Choctawaffairs showed some weaknesses. Ignoring the failures

29

during the "colonization" period, the 1936 Agencyreport claimed that the raising of subsistence cropssuch as corn, fruits, vegetables, hogs and fowls wouldremove the Choctaws from the "corn-cotton complex"and lead to economic self-sufficiency. The report alsorecommended that Choctaw education should be "ofthe practical and industrial type." "Academic educationis to be avoided as it will cause conflict with whites"who would be hostile to Indians who would no longer"know their place". Finally, the report stated that Choc-taws should be eased toward assimilation. "The pro-cess of Americanization should be confined to certainessentials of social organization, religion, economic lifeand material culture technics . . . but in non-essentialmatters it seems unnecessary and unimportant toAmericanize the Choctaw." The report stated that therewas no sense in changing hair styles or clothing. "Theprocess of Choctaw identification with white societyshould be left to assume its natural pace."

In the 1950's, the federal government became impa-tient with its policy of gradual assimilation. Concernedwith the cost of government services, Congress movedto "terminate" its relationship with Indian tribes asquickly as possible, by selling tribal lands in someareas. In other areas, a program to "relocate" Indians inthe big cities was begun. The goal was to speedassimilation by breaking down tribal and cultural bondsthat were seen as hindering economic progress andpreventing Indians from becoming just like all othercitizens.

In Mississippi, the Choctaw Agency moved to imple-ment the policy of relocation. Choctaws were en-couraged to leave the reservation and relocate in themajor urban areas. The Agency hoped that, in time, itcould end its work among the Choctaws and turn overits facilities to the state of Mississippi. For almost adecade, Choctaws were moved to the cities. They leftwith hopes for a better life. For the most part, they metwith disappointment. In the cities, they faced many ofthe same problems they had experienced on thereservationpoor housing, limited employment cp-portunities, and discrimination. These problems werecompounded by the loss of family and friends as well asgovernment services that they had normally receivedon the reservation. There were no special programs tohelp them adjust to city life. The move to the city wasoften a move from rural poverty to urban poverty. Manyfound themselves rootless and disoriented in whitesociety. Many returned home to Mississippi. Some

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RED WATER SCHOOL CHILDREN circa 1933. Reprinted by permis-sion Choctaw Agency BIA.

Choctaws did adapt well to city life, and today Chicago,Dallas, and Los Angeles among other cities, have tribalmembers living there. Like so many other programs im-posed by the federal government, the relocation pro-gram was unsuccessful It was all but abandoned in the1960's when Indians, demands for self-determinationbegan to receive a receptive ear in Washington.

SELF-DETERMINATION

In 1960, at the American Indian Chicago Con-ference, tribal leaders from across the country ex-pressed their determination to resist governmentpolicies aimed at breaking up tribal groups. Theydeclared that Indians had the right to maintain an in-dependent social, cultural, and political existencewithin the American system.

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ill PHILLIP MARTIN

Phillip Martin, Tribal Chief Mississippi Band of Choctaw Mims.

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Chief Martin at wont with administrative staff. .

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With the continnt gone, except for the low poorparcels they atiN rtain, the basis of Nfe isprecariously hold, but thy mean to hold the=WM and parcels as earnestly as any small na-tion or ethnic group was evr determined to holdto identity and survival.

And in Washington, beginning with the Kennedy Ad-ministration, a new attitude toward Indian people andIndian culture began to emerge. It would lead to aseries of programs that would aim to improve the qualityof reservation life through strong tribal government.The best features of the Indian Reorganization Act ofthe 1930's would be emphasized in education, voca-tional training, housing and economic development.The new feature of these programs was Indian involve-ment in the process of policy making. Realizing thatprograms forced on Indian tribes would only repeat thefailures of the past, government leaders acknowledgedfor the first time the right of tribal people to decide forthemselves what should be done and how it should bedone. Self-determination for Indian people began toemerge as the policy of the federal government.

This policy was strengthened under President Lyn-don Johnson who stated, "We must affirm the right ofthe first Americans to remain Indians while exercisingtheir rights as Americans. We must affirm their rights tofreedom of choice and self-determination." Johnson's"Great Society" released funds for programs in socialservices, health, and education that were targeted tothe general populatioo and not specifically towardIndians. As a result, tney were under the control ofagencies other than the Department of the Interior. Thisresulted in a relaxation of the government's managerialfunction, especially with regard to financial affairs.

In 1964, during the Capital Conference on IndianPoverty, it was announced that anti-poverty fundschanneled through the Office of Economic Opportunitywould be available to tribes. Indian tribes could suggestprograms to the 0E0 and once funds had been approv-ed, the tribes could run the programs themselves. Itwas the first time that Indians had been given the fullresponsibility for the management of funds on reserva-tions without the supervision of the Indian agents. Itwas hoped that the programs would be successfulbecause the programs would be the ones the Indianswanted and planned according to their needs as theysaw them.

In 1966, Robert L. Bennett, an Oneida Indian fromWisconsin was appointed Commissioner of the Bureau

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Abr._

Mettle Wills, Representative from Red Water and Chair of the com-munity Development Committee

of Indian Affairs. Commissioner Bennett stated that theBureau should no longer be "the sole source of fundsand technical resources for Indian assistance, Its func-tion should be shifting from one of exclusive respon-sibility for Indians to the role of 'finder' and 'coordinator'of other sources of aid." The role of the Bureau beganto change from one of paternalistically imposing pro-grams and policies on Indians, to encouraging self-determination and strong tribal governments.

President Richard Nixon continued the federalgovernment's new commitment to Indian self- deter-mination. In 1970, he stated,

It Is long past time that the Indian policies of theFederal government began to recognize andbuild upon the capacities and insights of theIndian people. Both as a matter of justice and as a

33

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matter of enlightened social policy, we mustbegin to act on the basis of what the Indians havelong been telling us. The time has come to breakdecisively with the past and to create the condi-tions for a new era in which the Indian future isdetermined by Indian acts and Indian decisions.

In 1978, Congress moved to support the principlesof free choice with the passage of the Indivi Self-Determination and Education Assistance Act. Thislegislation provided a formula for the transfer of powerfrom the bureaucrdt..y the Inthan people themselves.It allowed tribal governments to contract for the deliveryof services. Federal funds could now be given directlyto tribal governments and they would have the respon-sibility for spending those funds. Tribal governmentscould now make decisions on which programs they

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wanted and how-these programs would be managed.Tribei gOvernments began to move toward the goal ofself-sufficiency so that they might take part in theAmerican dream in their own way.

TRIBAL GOVERNMENT-ADVOCACY ANDINITIATIVE

In 1959, a delegation from the Mississippi Band ofChoctaw Indians traveled to Washington on the first of-ficial visit of tribal government leaders to the nation'scapital in almost 130 years. They established contactwith Congressional- leaders and government officials.They informed these officials of the unmet needs of theChoctaw people. They explained the lack of adequateeducational opportunities on the reservation beyondthe primary years. They informed them of thesegregated school system in the state of Mississippithat would not accept Choctaws. To complete highschool, Choctaw students had to be sent away toboarding schools in Oklahoma, Kansas, or NorthCarolina. As a result, few Choctaws were completinghigh school. Tribal leaders pointed out that Indianswere the only American citizens forced to travel suchlong distances for basic educational services.

The delegation returned to Washington Many times.They knew that those who were supposed to representtheir interests, especially within the Bureau of IndianAffairs, had no plans to establish a high school on thereservation. They felt that the only way to improve thesituation was for tribal government leaders to take theinitiative and become advocates for the tribe. They metwith Congressional leaders and testified before com-mittees of Congress for several years. Finally, fundswere appropriated for the construction of ChoctawCentral High School. Construction was completed in1963.

Tribal government became directly involved in plan-ning for the new school and when it became fully opera-tional, it offered a full range of academic programs,electives, and a wide array of extracurricular activities.

The success of this effort indicated that their tribalgovernment was the most effective advocate for theChoctaws. It demonstrated that tribal government in-itiative could achieve positive results.

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Conehatte School chop getting reedy for a performance. Reprinted by permission Choctaw Agency MA,

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CHOCTAW CENTRAL SCHOOL houses preschool through twelfth ofedII.

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Another major initiative of tribal govemment wasdirected toward the improvement of health conditionson the reservation. Poor housing and sanitation werecausing infectious and communicable diseases such aspneumonia and influenza to reach epidemic propor-tions. Death from these diseases among Choctaws wastwice the national average. Infant deaths were morethan seven times the national average.

In 1926, an Indian hospital had been established inthe city of Philadelphia. When it was built, the Choctawpopulation was about 1,300. By the 1960's, thepopulation had almost tripled. It was clear to theChoctaw community that this facility was inadequate tomeet the health needs of the people. The communityfelt that since local hospitals often refused to treatChoctaw patients and the existing hospital had beencondemned by the State in the 1940's, a new, com-prehensive health care facilty was needed on the reser-vation.

Meeting the health needs of the Choctaw peoplebecame a top priority of Tribal Council. Tribal govern-ment adopted resolutions requesting the allocation offunds for the construction of a hospital. Tribal leaderswwi Wdshington to talk to federal and state officials.They testified before committees of the Congress.After several years of direct advocacy by tribal govern-ment, Congress appropriated funds for the construc-tion of the Choctaw Health Center. Completed in 1975,the Health Center has been recognized as one of thef:nest health care facilities in the state.

But, government leaders realized that meeting thehealth needs of the tribe would not be achieved only bybuilding a new health center. Attention needed to bedirected toward improving the conditions of povertythat were the main cause of health problems. A 1965report by HEW stated, "The Choctaws in Mississippiare one of the most destitute tribes in the nation today. .. .The health status of this group is largely related to itslow income and inadequate housing."

In 1965, Tribal Council adopted a resolution approv-

71 ing an application to the Office of EconomicOpportunity for a planning grant of $15,000. TheCouncil used that grant to initiate plans for a series, gtt

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The CHOCTAW MEDICAL, CENTER where heel and Indian Health Ser-vice programs wadi tOgSthsrIoprodsssMoa..

Home neer completion constructed by Chehts Development Company.

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major improvements. Approval of the plan by theFederal Government led to an $8 million program ofdevelopment on the Choctaw reservation. Homes,community centers, educational facilities, recreationalareas, and access roads were built. There were im-provements in water and sanitation. The programboosted the reservation economy by providing jobs foralmost 500 Choctaws, as well as on-the-job trainingopportunities for many more.

The success of these tribal initiatives marked a turn-ing point in the struggle for self-determination. Throughtribal government, the community had been able to ex-press its needs, determine its priorities, and establishits own programs.

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Many Choctaws now work as service providers in the Medic& Center. 74

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TRIBAL COUNCIL IN SESSION

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TRIBAL GOVERNMENT t1 ORGANIZATION

The growing complexity of t ibal government as itbegan to initiate and operate multi-million dollar pro-grams, as well the improved status of governmentunder the Indian Self-Determination Act, revealedseveral weaknesses in the 1945 structure of govern-ment. As a result, a revised Constitution and Bylawswas proposed by Council, ratified by majority vote ofthe tribe and put into effect in 1975.

The new Constitution more clearly separates thegovernment into executive and legislative branches.The office of Chairman of the Tribal Council waschanged to that of Tribal Chief. The Chairman had beenappointed by Council every two years. The Chief isnow elected by majority vote of tribal members to a f ouryear term. The new structure establishes the Chief asthe principal executive officer of the tribe and as headof the executive branch of tribal government. Under theConstitution, the Chief has the power to negotiate con-tracts, to administer the operation of tribal government,to prepare budgets and financial reports, and to presideover the meetings of Council. Actions by the Chief,

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TRIBAL COUNCIL IN SESSION 4 I

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MISSISSIPPI BAND OF CHOCTAW INDIANSOVERALL ORGANIZATIONAL STRUCTURE

ViceChief

TribalCouncil

Secretary-Treasurer

Committee onBudgets and

Finance

AdministrativeOffice

Department ofCommunity

Development

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Department ofFamily

Services

Department ofEducation

Department ofHealth

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Uepartment ofManpower andTransportation

Committee onGovernmental

Affairs

Committee onCommunity

Development

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Committee onEducation

Committee onHealth

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Committee onEconomicwelopment

Committee onJudicial Affairs andLaw Enforcement

] ChahtaEnterprise

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EnterpriseGreetings

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DevelopmentCompany

IChoctaw

AuthorityHousing

IChoctaw

CommissionUtility

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Auth orityTransit

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Ms. Dixon discusses the situation at the Choctaw Medical Center withBinh Nguyen, Hospital Administrator.

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however, must be presented to Council for final ap-proval. The establishment of the office of Chiefstrengthened the executive function of tribal govern-ment. It was also an act of self-determination as the of-fice of Chief had been abolished and prohibited understate law in the 1830's.

The new Constitution also extended the term ofCouncil, members from two to four years, with half theCouncil up for re-election every two years. To allow theCouncil to gain greater expertise in legislative decision-making, a system of seven committees was laterestablishedhealth, economic development, budgetand finance, community development, and judicial af-fairs and law enforcement. Each Council member is ap-pointed to one of the committees. A committee chair-man, elected by Council, heads each committee.

Under the new Constitution, tribal government was

41

strengthened. The longer terms of office allows forgreater continuity in the dkection of tribal policy. TheCommittee System allows elected representatives tocarefully study proposals before they are brought to avote by the full Council. Committee members can gainin-depth knowledge of specific problem areas. This in-sures that decisions by tribal government are well in-formed and that no one individual dominates govern-ment.

ECONOMIC DEVELOPMENT

Tribal government leaders realized that withunemployment on the reservation approaching 80% inthe 1980's, the goal of self-determination would not beaccomplished without the economic self-sufficiency ofthe tribe. Tribal Council, therefore, decided to initiate aprogram capable of handling heavy truck traffic. In1978, the park was expanded to 80 acres and withseed money from Chata Development, an industrialbuilding was constructed. Negotiations by tribal leadersto locate business and industry in the park had suc-ceeded and in 1979, Tribal Council approved thecharter for Chahta Enterprise as a tribally owned enter-prise. A dedicated supplier to the Packard Electric,Divisioq of General Motors, Chata Enterprise produceswire harness assemblies for Chevrolet pick-up trucksand Buick La Sabres. The Enterprise has a work forceof 200 employees, 75% of them Choctaws. It hasgained a reputation for quality with the lowest rejectionrate of any of Packard's dedicated suppliers inMississippi.

And in 1981, after nearly ten years of negotiations, acontract between the American Greetings Corporationand another tribally owned business, ChoctawGreetings Enterprise, was signed to hand finish qualitygreeting cards. Currently employing 250 people,Choctaw Greetings has become the third largestgreetings plant in the world.

Building upon the success of Chahta Development,Chafe Enterprise and Choctaw Greetings, the TribalCouncil has approved plans for the construction of aplant capable of manufacturing wire, cable, and circuitson a competitive bid basis. The plan is expected tobecome operational in 1983, opening an additional200 positions for tribal members. Also planned is ashopping center and a tourist complex. Individual tribalmembers are being encouraged to begin smallbusinesses. d 2

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Through the creation of private-sector jobs on thereservation, the tribal goal of self-sufficiency has takenon new meaning with the opening of the new wire andcable operation, the tribe has the potential of becomingone of the largest employers in the local area. It wiN bethe achievement of a sophisticated and stable govern-ment and a hard working people. It is a record that mayserve as a model for the economic development ofother Indian tribes,

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Beasley Denson, Representative from Standing Pine, Tribal Secretaryend Chair of the Finance and Budget Committee at work in his office.

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APPENDIX 1

MEATY WITH THE CHOCTAW, 17110.

Articles of a treaty concluded at HopoweN, on the Keowmi, nearSeneca Old Town, between Benjamin Hawkins, Andrew Pickens andJoseph Martin, commissioners Plenipotentiary of the United States ofAmerica, of the one part; and Irockonahorna, groat Modal Chief ofSoonacoha; Irockehoopoie, leading chief of Bugtoogoloo;Mingohoopole, boding Chief of Hashooqua; Tobocoh, groat MedalChief of Congetoo; Pooshernestubie, Gorget Captain of Sonayazo; andtheMen small Medal Chiefs ol the first Ches. twelve Modal and GavotCaptains, Consnissionors Plenipotentiary of aN the Choctaw Nation, ofMe other part.

The Commissioners Plenipotentiary of the United States of AMericagive owe to all the Chocataw nation, and receive them into the favorand protection fo the United States of America, on the following condi-tions:

ARTICLE I.

The Commissioners Plenipotentiary of aN the Choctaw nation, shadrestore all the prisoners, citizens of the United States, or subjects oftheir allies, to their entire liberty, if any there be in the Choctaw nation.They shell also restore all the negroes, and all other property taken dur-ing theist* war, from the citizens, to such person, and at such time andplace as the Commissioners of the United States of America shall ap-point, if any thIlfe be in the Choctaw nation.

ARTICLE 11.

The COR111141110116(11 Plenipotentiary of all the Choctaw nation, dohereby acknowledge the tribes and towns of the said nation, and thelands within the boundary allotted to the mid Indians to live and hunt on,as mention, id in the third article, to to under the protection of theUnited State. of America, and of no other sovereign whosoever.

ARTICLE III.

The boundary of the lands hereby allotted to the Choctaw nation tolive and hunt on, within the limits of the United States of Americade andshell be the following, viz. Spinning at a point on the thirty-first degreeof north latitude, where the Eastern boundary of the Notches districtshall touch the same; thence oast along the said thirty-first degree ofnorth latitude, being the southern boundary of the United States ofAmeriza, until it shell strike the eastem boundary of the land, on whichthe Indians of the said nation did live and hunt on the twenty-ninthNovember, one thousand seven hundred and eighty-two, while theywore under the protection to the King of Great-Britain; thence northerlyalong the said eastern boundary, until it shall meet the northern boun-dary, until it shell meet the western boundary thereof; thence southerlyeking the same to the beginning: saving and reserving for the establish-

8 9

ment of trading poste, three trade or parcels of lend of six miles squareeach, at such pieces as the United IStatesj in Congress assembledshall think prow, which posts, and the lands annexed to them, shall beto the use and under the government of the United States of America.

ARTICLE IV.

If any citizen of the United States, or other person not being anIndian, shall attempt to settle on any of the lands hereby allotted to theIndians to live and hunt on, such person shall forfeit the protection ofthe United States of America, and the Indians may punish him or not asthey please.

ARTICLE V.

If any Indien or Indians, or persons, residing among them, or whoshelf take refuge In their nation, shall commit a robbery or murder orother capital crime on any citizen of the United States of AMOCO, orperson under their protection, the tribe to which such offender mayWong, or the nation, shell be bound to delver him or them up to tx,punished according to the ordinances of the United States in Congressassembled: Provided, that the punishment shall not be greater than ifthe robbery or murder, or other capital crime, had been committed by acitizen on a citizen.

ARTICLE VI.

If any citizen of the United States of America, or person under theirprotection, shall commit a robbery or murder, or other capital crime, onany Indian, such offender or offenders shall be punished in the samemanner as if the robbery or murder, or other capital crime, hod beencommitted on a citizen of the United States of America; and the punish-ment shall be in presence of some of the Choctaws, if any will attend atthe time and place; and that they may have an opportunity so to do, duenotice, if practicable, of the time of such intended punishment, shall besent to some one of the tribes.

ARTICLE VII.

It is understood that the punishment of the innocent, under the ideaof retaliation, is unjust, and shall not to practiced on either side, exceptwhere there is a manifest violation of this treaty; and then it shall topreceded, first by a demand of justice, and if refused, then by adeclaration of hostilities.

ARTICLE VIII.

For the benefit and comfort of the Indians, and for the prevention ofloturies or oPpressions on the pert of the citizens or Indians, the UnitedStates in Congress assembled, shall have the sole and exclusive rightof regulating the trade with the Indians, and managing all their affairs insuch man ler as they think proper.

ARTICLE IX.

Until the pleasure of Congress be known, respecting the eighth arti-cle, all traders, citizens of the United States of America, shall have liber-ty to go to any of the tribes or towns of the Choctaws, to trade withthem, and they shall be protected in their persons and property, andkindly treated.

ARTICLE X.

The said Indians shall give notice to the citizens of the United Statesof America, of any designs which they may know or suspect to be form-ed in any neighboring tribe, or by any person whosoever, against thepeace, trade or interest of the United States of America,

ARTICLE XL

The hatchet shall be forever buried, and the peace given by theUnited States of America, and friendship re-established between thesaid states on the one part, and all the Choctaw nation on the otherpart, shall be universal; and the contracting parties shall use their ut-most endeavors to maintain the peace given as aforesaid, and friend-ship re-established.

In witness of all and every thing herein determined, between theUnited States of America and all the Choctaws, we, their underwrittencommissioners, by virtue of our full powers, have signed this definitivetreaty, and have caused our seals to be hereunto affixed.

Done at Hopewell, on the Keowee, this third day of January, In theyear of our Lord one thousand seven hundred and eighty-six.

Benjamin Hawkins, [L. S.] Yockenahoma, his x mark, [L. S.

Andrew Pickens. [L. S.) Yockehoopoie, his x mark, [L. S.

Jos. Martin, (L. S.] Mingohoopoie, hex mark, [L. S.

Tobocoh, his x mark, IL. S.] Celocoopoohoomoch, his x mark, IL. S.Pooshernastuby, his x mark IL. S.] Stonakoohoopoe hie x mark [L. S.

Tuscoonoohoopoko, his x mark. IL. S.) Tustftheisgohta, his x mark, IL. S.

Shinshemastuby, his x mark, [L. S.] Pooshonaida, his x mark, [L. S.

Yocciehooma, his x mark, (L. S.] Okanconnooba, hie x mark, [L. S.Sbonokoolloopole, his x mark, IL. S.I Autoonschubs, his x mark, IL. S.Tehekuhbay, his x mark, IL. S.] Pangehooloch, his x mark, IL. S.Pooshemastuby, his x mark, IL. S.] %taboo, his x mark. IL. S.Tuakkahoomoili, his x mark, [L. S.] Tenetchonna, hie x mark. [L. S.Tushkahoomock, his x mark, (L. S.] Tushkementahock, his x mark, [L. S.Yoostenochis, his x mark, IL. S.] Tushtallay, his x mark, [L. S.

Tootehooma, his x mark, IL. S.] Cahnaangchabba, his x mark, [L. S.Toobenohoanoch, hie x mark, [L. S.) Cunnopoie, his x mark.

Witness:Wm. Blount,John Woods,Semi, Taylor,Robert Anderson,Benj. Lawrence,John Pitchlynn,James Coie,

Interpreters,

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TREATY WITH THE CHOCTAW, 1101.

A treaty of friondshO, limits and accommodation between the UnitedStates of America and the Choctaw nation of Indians

Thomas Jefferson, President of the United States of America, byJames Wilkinson, of the st.te of Maryland, Brigadier-General in thearmy of the United States, Benjamin Hawkins, of North Carolina, andAndrew Pickens, of South Carofina, commissioners plenipotentiary ofthe United States on the one part, and the Mingos, principal men andwarriors of the Choctaw nation, representing the said nation in councilassembled, on the other part, have entered into the following articlesand conditions, viz:

ART. I. Whereas the United States in Congress assembled, did bytheir commissioners Plenipotentiary, Benjamin Hawkins, AndrewPickens, and Joseph Martin, at a treaty held with the chiefs and headmen of the Choctaw nation at Hopewell, on the Keowe, the third day ofJanuary, in the year of our Lord, one thousand seven hundred andeighty-six, give peace to the said nationand receive It into the favorand protection of the United States of America; It is agfeed by the par-ties to these presents respectively, that the Choctaw nation, or suchpart of is as may reside within the limits of the United States, shall beand continue under the care and protection fo the said States; and thatthe mutual confidence and friendship wNch are hereby acknowledgedto subsist betw .rri the contracting parties shall be maintained andperpetuated.

MT. II. The Mingos principal men and warriors of the Choctaw nationof Indians, do hereby give their free consent, that a convenient anddurable wagon way may be explored, marked, opened and made underthe orders and instructions of the President of the United States,through their lands to commence at the northern extremity of the set-tlements of the Mississippi Territory, and to be extended from thence,by such route as may be selected and surveyed under the authority ofthe President of the United States, until it shall strike the lands claimedby the Chickasaw nation; and the same shall be and continue for ever, ahighway for the citizens of the United States and the Choctaws; and thesaid Choctaws shall nominate two discreet men from their nation, whomay be employed as assistants, guides or pilots, during the time of lay-ing out and opening the said high-way, or so long as may be deemedexpedient, under the direction of the officer charged with this duty,who shaN receive a reasonable compensation for their services.

MT. RI. The two contracting parties covenant and agree that the oidline of demarkation heretofore established by and between the officersof his Britannic Majesty and the Choctaw nation, which runs In a paralleldirection with the Mississippi river and eastward thereof, shall beretraced and plainly marked, In such way and manner as the Presidentmay direct, in the presence of two persons to be appointed by the saidnation; and that the said line shall be the boundary between the set-tlements of the Mississippi Territory and the Choctaw nation. And thesaid nation does by these presents relinquish to the United States andquit claim for ever, all their right, title and pretension to the land lyingbetween the said line and the Mississippi river, bounded south by thethirty-first degree of north latitude, and north by the Yazoo river, wherethe said line shall strike the same; and on the part of the commis-sioners, it is agreed that all persons who may be settled beyond thisline, shall be removed within It, on the side towards the Mississippi,together with their slaves, household furniture, tools, materials andstock, and that the cabins or houses erected by such persons shan bedemolished. 91

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ART. IV. The President of the United States may, at his discretion,proceed to execute the second article of this treaty; and the third arti-cle shall be carried into effect as soon as may be convenient to thegovernment of the United States, and without unneccessary detay onthe one part or the other, or which the President shall be the judge; theChoctaws to be seasonably advised, by order of the President of theUnited States, of the time when, and the place where, the re-surveyand re-marking of the old line referred to in the preceding article, will becommenced.

ART. V. The commissioners of the United States, for and in con-sideration of the foregoing concessions on the part of the Choctaw na-tion, and in full satisfaction for the same, do give and deliver to theMingos, chiefs and warriors of the said nation, at the signing of thesepresents, the value of two thousand dollars in goods and merchandise,net cost of Philadelphia, the receipt whereof is hereby acknowledged;and they further engage to give three sets of blacksmith's tools to thesaid nation.

ART. VI. This treaty shall take effect and be obligatory on the con-tracting parties, so soon as the same shall be ratified by the Presidentof the United States of America, by and with the advice and consent ofthe Senate thereof.

In testimony whereof, , the commissioners plenipotentiary of theUnited States, and the Mingos, principal men, and warriors, of theChoctaw nation, have hereto subscribed their names and affixed theirseals, at Fort Adams, on the Mississippi, this seventeenth day ofDecember, in the year of our Lord one thousand eight hundred andone, and of the Independence of the United States the twenty-sixth.

James Wilkinson, [L. S. Shaun' Homo, his x mark, [L. SBerkankn Hawkins, [L. S. Hiupa Homo, his x mark, [L. S.Andrew Pickens, [L. S. !Natalia Horn' x mark. [L. S.Tuskona Hopoia, his x mark, [L. S. Hoch Homo, nis x mark, (L. SToota Homo, his x mark,Mingo Horn Massatubby, his x

mark,

[L. S.

[L. S.

Tuspena Chaabe, his x mark,Muclusha Hopoia, his x mark,Capputanne Thlucco, his x mark,

(L. S(L. SIL. S.

Oak Shumme, his x mark, [L. S. Robert McClure, his x mark, [L. SMingo Pooscoos, his x mark. [L. S. Poosha Homo, his x mark, [L. SBuckshun Nubby, his x mark, (L. S. Bake Lubbe, his x mark,

Witnesses present:

IL S.

Alexander Macomb, jun. secretary tothe commission.

John McKee, deputy superinten-dent, and agent to the Choctaws,

Henry Gaither, lieutenent colonel,commandant,

John H. Brull, maim, Second Regi-ment Infantry,

Bw. Shaumburgh, captain, SecondRegiment Infantry,

Frans. Jones, Assistant Quarter-master General,

Benjamin Wilkinson, lieutenant andpaymaster, Third United StatesRegiment,

J. B. Walbach, alddecamp to thecommanding general,

J. Wilson, lieutenant, Thkd RegimentInfantry,

Samuel Jton, lieutenant, SecondRegimnt of Artillery andEngineers,

John F. CarmichaN, surgeon, ThirdRegiment United Stats Army.

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TREATY WITH THE CHOCTAW,1602.

A provisional convention entered into and made by brigadier generalJames Wilkinson, of the state of Maryland, commissioner for hoklIngconferences with the Indians south of the Ohlo River, in behalf of theUnited States, on the one part, and the whole Choctaw nation, by theirchiefs, head men, and princOal warriors, on the other part.

Preamble. For the mutual accommodation of the parties, and toperpetuate that concord and friendship, which so happily subsists bet-ween them, they do hereby freely, voluntarily, and without constraint,covenant and agree,

ART. I. That the President of the United States may, at his discretion,by a commissioner or commissioners, to be appointed by him, by andwith the advice and consent of the Senate of the United States,retrace, connect, and plainly remark the old line of limits, established byand between his Britannic majesty and the said Choctaw nation, whichbegins on the left bank of the Chickasaw hay river and runs thence In aneasterly direction to the right bank of the Tombigby river, terminating onthe same, at a bluff well known by the name of Hach-a-Tig-geby, but itis to be clearly understood, that two commissioners, to be appointed bythe said nation, from their own body, are to attend the commissioner orcommissioners of the United States, who may be appointed to performthis service, for which purpose the said Choctaw nation shaH beseasonably advised by the President of the United States, of the par-ticular period at which the operation may be commenced, and the saidChoctaw commissioners shall be subsIsted or the United States, solong as they may be engaged on this business, arid paid for their ser-vices, during the said term, at the rate of one dollar per day.MT. II. The said line, when thus remarked and re-established, shall

form the boundary between the United States and the said Choctaw na-tion, in that quarter, and the said Choctaw nation, for, and in considera-tion of one dollar, to them in hand paid by the said United States, thereceipt whereof is hereby acknowledged, do hereby release to the saidUnited States, and quit claim for ever, to all that tract of land which is in-cluded by the beforenamed line on the north, by the Chickasawhayriver on the west, by the Tombigbee and the Mobde rivers on the east,and by the boundary of the United States on the south.

ART. III. The chiefs, head men, and warriors, of the said Choctaw na-tion, do hereby constitute, authorise and appoint, the chiefs and headmen of the upper towns of the said nation, to make such alteration inthe old boundary fine near the mouth of the Yazoo river, as may befound convenient, and may be done without injury to the said nation.

ART IV. This convention shall take effect and become obligatory onthe contracting parties as soon as the President of the United States,by and with the advice and consent of the Senate, shall have ratified thesame.

In testimony whereof, , the parties have hereunto set their hands andaffixed their seals, at Fort Confederation, on the Tombigbee, In theChoctaw country, this 17th day of October, In the year of our Lord, onethousand eight hundred and two, and of the independence of theUnited States the twenty-seventh.

James Wkkinson,In behalf of the lower towns and Chicasaw hay.

Tuskona Hoopola, his x mark.Mingo Pooskoos, his x mark,Mingo Pooskoos, 2nd his x mark,Pomba Mattahay, his x mark.

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IL S

[L. S.][L. S.IIL. S.IIL. S.I

In belie of the wow town.:Oak Chummy, his x mark,TuskeeMaieb, his x mark,

In Whoa of the six towns and lower town:Latelahomah, his x myk,Mooklahoos000ish, his x mark,Mingo Mom Astubby, his x mwk,Tuskshornah, his x mark,

Witnesses present:Silas Dinsmoor, Agent to the Choctaws,John Pitchlynn,Turner Brashears,Peter H. Naisa lis,John Long,

Interpreters.

MEATY WITH THE CHOCTAW, 1603.

To whom these presents shaN come,

IL. S.)(L. S )

(L S.)IL. S.)

al

Know Ye, That the undersigned, commissioners plenipotentiary ofthe United States of America, of the one Pert, and of the whole Choc-taw nation of the other part, being duly authorised by the President ofthe United States, and by the chiefs and headme, of the said nation, dohereby establish in conformity to the convention of Fort Confederation,for the line of demarkation recognized in the said convention, thefollowing metes and bounds, viz: Beginning in the channel of the Hat-ches Commis, or Wax river, at the point where the line of limits, bet-ween the United States and Spain crosseth the same, thence up thechannel of said river to the confluence of the Chickasaw-Hay andBuckhatannee rivers, thence up the channel of the Buckhatannee toBogue Hooma or Red creek, thence up the said creek to a Pine treestanding on the left bank of the same, and blazed on two of its sides,about twelve links southwest of an old trading path, leading from thetown of Mobile to the Hewanee towns, much worn, but not in use at thepresent time:From this tree we find the following bearings anddistances, viz: south fifty four degrees thrity minutes, west, one chain,one link a black gum, north thirty nine minutes, west, one chain, fivelinks to a water oak thence with the old British line of partition in itsvarious inflections, to a Mulberry poet, planted on the right bank of themain branch of Sintee Bogue or Snake creek, where it makes a sharpturn to the southeast, a large broken top Cypress-tree standing nearthe opposite bank of the creek, which is about three poles wide, tnencedown the said creek to the Tombigbee river, thence down the Tom-bigbee and Mobile rivers, to the above mentioned line of limits betweenthe United States and Spain, and with the same to the point of beginn-ing: And we, the said commissioners plenipotentiary, do ratify and con-firm the said line of demarkation, and do recognize and acknowledgethe same to be the boundary which shall separate and distinguish thelend ceded to the United States, between the Tombigbee, Mobile andPascagols rivers, from that which has not been ceded by the saidChoctaw nation.

In testimony whereof, we hereunto affix our hands and seals, thisthirty-first day of August, in the year of our Lord one thousand eighthundred and three, to triplicates of this tenor and date. Done at Hoe-Buckin-too-pa, the day and year above written, and in the twenty-seventh year of the independence of the United States.

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James Wilkinson,Mingo Pooscoos, his x mark,AletalsHooma, his x mark,

Witnesses present:Young Gains, interpreter,John Bowyer, captain Second United States Regiment,Joseph Chambers, United States factor.

[L. S.][L. S.][L. S.]

We the commissioners of the Choctaw nation, duly appointed and thechiefs of the said nation who reside on the Tombigbee river, next toSintee Bogue, do acknowledge to have received from the UnitedStates of America, by the hands of Brigadier General James Wilkinson,as a consideration in full for the confirmation of the above concession,the followiing articles, viz: fifteen pieces of strouds, three rifles, onehundred and fifty blankets, two hundred and fifty pounds of powder,I NO hundred and fifty pounds of lead, one bridle, one man's saddle, andone black silk handkerchief.

Mingo Pooscoos, his x mark, IL S.)Aletala Hooma, his x mark, [L. S.)

Commissioners of the Choctaw nation.Plo Mingo, his x mark, [L. S.]Pasa Mastubby Mingo, his x mark, [L. S.]

*Tapnena Oakchia, his x mark, [L. S.]Tuskenung Cooche, his x mark, [L. S.]Cussoonuckchia, his x mark, [L. S.]Pushapia, his x mark, [L. S.]Chiefs residing on the Tombigbee near to St.Stephens.

Witnesses present:Young Gains, interpreter,John Bowyer, Captain Second United States Regiment,Joseph Chambers, United States factor.

TREATY WITH THE CHOCTAW, 1805.

A Treaty of Limits between the United States of America and theChoktaw Nation of Indians.

Thomas Jefferson, President of the United States of America, byJames Robertson, of Tennessee, and Silas Dinsmoor, or New Hamp-shire, agent of the United States to the Choktaws, commissionersplenipotentiary of the United States, on the one part, and the Mingoes,Chiefs and warriors of the Choktaw nation of Indians, in councilassembled on the other part, have entered into the following agree-ment, viz:

ARTICLE I. The Mingoes, chiefs, and warriors of the Choktaw nationof Indians in behalf of themselves, and the said nation, do by thesepresents cede to the United States of America, all the lands to whichthey now have or ever had claim, lying to the right of the following lines,to say, Beginning at a branch of the Humacheeto where the same is in-tersected by the present Choktaw boundary, and also by the pathleading from Natchez to the county of Washington, usually calledM'Clarey's peth, thence eastwardly along M'Clarey's path, to the eastor left bank of Pearl river, thence on such a direct line as would touchthe lower end of a bluff on the left bank of Chickasawhay river the first

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above the Hiyoowannee towns, called Broken Bluff, to a point withinfour miles of the Broken Bluff, thence in a direct line nearly parallel withthe river to a point whence an east line ot four miles In length will in-tersect the river below the lowest settlement at present occupied andimproved in the Hiyoowannee town, thence still east four miles, thencein a direct line nearly parallel with the river to a point on a line to be runfrom the lower end of the Broken bluff to Faluktabunnee on the Tom-bigbee river four miles from the Broken Bluff, thence along the said lineto Faluktabunnee, thence east to the boundary between the Creeksand Choktaws on the ridge dividing the waters running into the Alabamafrom those running into Tombigbee, thence southwardly along the saidridge and boundary to the southern point of the Choktaw claim. Reserv-ing a tract of two miles square run on meridians and parallels so as to in-clude the houses and improvements in the town of Fuketcheepoonta,and reserving also a tract of five thousand one hundred and twentyacres, beginning at a post on the left bank of Tombigbee river oppositethe lower end of Hatchatigbee Bluff, thence ascending the river fourmiles front and two back one half, for the use of Alzira, the other half forthe use of Sophia, daughters of Samuel Mitchell, by Molly, a Choktawwoman. The latter reserve to be Aubject to the same laws and regula-tions as may be established in the circumlacent country; and the saidMingoes of the Choktaws, request that the government of the UnitedStates may confirm the title of this reserve in the said Alzira and Sophia.

ART. II. For and in consideration of the foregoing cession on the partof the Choktaw nation, and in full satisfaction for the same, the commis-sioners of the United States, do hereby covenant, and agree with thesaid nation in behalf of the United States, that the said States shall payto the said nation fifty thousand five hundred dollars, for the followingpurposes, to wit:

Forty eight thousand dollars to enable the Mingoes to discharge thedabt due to their merchants and traders; and also to pay for thedepredations committed on stock, and other property by evil disposedpersons of the said Choktaw nation; two thousand five hundred dollarsto be paid to John Pitrhlynn, to compensate him for certain losses sus-tained in the Choktaw country, and a grateful testimonial of the nation'sesteem. And the said States shall also pay annually to the saidChoktaws, for the use of the nation, three thousand dollars in suchgoods (at neat cost of Philadelphia) as the Mingoes may choose, theygiving at least one year's notice of such choice.

ART. III. The commissioners of the United States, on the part of thesaid States, engage to give to each of the three great Medal Mingoes,Pukshnubbee-Mingo, Hoomastubbee, and Pooshamattaha, five hun-dred dollars in consideration of past services in their nation, and also topay to each of them an annuity of one hundred and fifty dollars duringtheir continuance in office. It is perfectly understood, that neither ofthose great Medal Mingoes is to share any part of the general annuity ofthe nation.

ART. IV. The Mingoes, chiefs, and warriors of the Choktaws, certifythat a tract of land not exceeding fifteen hundred acres, situated bet-ween the Tombigbee river and Jackson's creek, the front or river lineextending down the river from a blazed white oak standing on the leftbank of the Tombigbee near the head of the shoal, next aboveHobukentoopa, and claimed by John McGrew was in fact granted tothe said M'Grew by Opiomingo Hesnitta, and others, many years ago,and they respectfully request the government of the United States toestablish the claim of the said M'Grew to the said fifteen hundred acres.

ART. V. The two contracting parties covenant and agree that theboundary as described in the second [first] article shall be ascertained

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and plainly mark7d, in such way and manner as the President of theUnited States may direct, in the presence of three persons to be ap-pointed by the said naton; one f rom each of the great medal districts,each of whom shall receive for this service two dollars per day duringhis actual attendance, and the Choktaws shall have due andseasonable notice of the place where, and time when, the operationshall commence

ART, VI. The lease granted for establishments on the roads leadingthrough the Choktaw country, is hereby confirmed in all its conditions,and, except in the alteration of boundary, nothing in this instrumentshall affect or channe any of the pre-existing obligations of the contrac-ting parties.

ART. VII. This treaty shall take effect and become reciprocallyobligatory so soon as the same shall have been ratified by the Presidentof the United States of America, by and with the advice and consent ofthe Senate of the United States.

Done on Mount Dexter, in Pooshapukanuk, in the Choctaw country,this sixteenth day of November, in the year of our Lord one thousandeight hundred and five, and of the independence of the United States ofAmerica the thirtieth.

Commissioners:

James Robertson,Silas DinsmoOr.

IL S.I(L S

John Carnes. his x mark,Tooteehooma, his x mark.Hoosheehooma, his x mark.

IL SIL SIL S

Great Medal Mingos Tootuhooma. 2d, his x mark. IL S

Puskshunnubbee. his x mark.Mingo Hoomastub bee.

IL S George James, his x mark,

Robert McClure. his x mark.IL S(L. S

his x mark,

Pooshamattaha. his x mark.IL S IIL S

Tuskeamingo, his x mark.

Hattukubbeehooluhta.IL. S

Chiefs and warriors,Ookchummee. his x mark,Tuskamiubbee, his x mark,

IL S ]IL S

his x mark,

Fishoommastubbee,his x mark.

(L. S

IL SJames Perry his x mark. IL S Anoguaiah, his x mark. IL SLevi Perry, his x mark. IL S I Lewis Lucas, his x mark, IL SIsaac Perry, his x mark, [L S I James Pitchlynn, his x mark,fL S

William Turnbull. IL S I Panshee Eenanhla, his x mark. IL SPansheehoomubbu, his x mark. IL S

Witnesses present at signing and searing:

Thomas Augustine Claibom, secretary lo the commissioners,John M'Kee,Samuel Mitchell, United States agent to the Chickasaws,William Colbert. of the Chickasaws, his x mark,Lewis Ward,CharlesJazan,Garrud E. Nelson,David Chote,Nathaniel Tolsom,Md. Mackey.Lewis Lef to ,

John Pito hlynn, United States interpreter,Will Tyrrell, assistant interpreter.

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TREATY WITH ThE CHOCTAW,1818. TREATY WITH THE CHOCTAW, 1820.

A treaty of cession between the United States of America and theChoctaw nation of Indians.

James Madison, president of the United States of America, bygeneral John Coffee, John Rhea, and John M'Kee, esquires, commis-sioners on the part of the United States, duly authorized for that pur-pose, on the one part, and the mingoes, leaders, captains, and war-riors, of the Choctaw nation, in general council assembled, in behalf ofthemselves and the whole nation, on the other part, have entered intothe following articles, which, when ratified by the president of theUnited States, with the advice and consent of the senate, shall beobligatory on both parties:

ART. 1. The Choctaw nation, for the consideration hereafter mention-ed, cede to the United States all their title and claim to lands lying eastof the following boundary, beginning at the mouth of Ooktibbuha, theChickasaw boundary, and running frm thence down the Tombigbeeriver, until it intersects the northern boundary of a cession made to theUnited States by the Choctaws, at Mount Dexter, on the 16thNovember, 1805.

ART. 2. In consideration of the foregoing cession, the United Statesengage to pay to the Choctaw nation the sum of six thousand dollarsannually, for twenty years; they also agree to pay them in merchandise,to be delivered immediately on signing the present treaty, the sum often thousand dollars.

Done and executed in full and open council, at the Choctaw tradinghouse, this twenty-fourth day of October, in the year of our Lord onethousand eight hundred anC '.;ixteen, and of the independence of theUnited States the f orty-f irst.

John Coflee, IL S General Humming Bird, his x mark IL. SJohn Rhea, IL S Talking warrior, his x mark,. (1_ SJohn McKee, IL S David Folsom. IL S.Mushoolatubbee, his x mark. IL S Bob Cole, his x mark, IL S.Pooshamallaha, his x mark. IL S Ootuppa his x mark. IL SPukshunnubbu. his x mark, IL S Hoopoleeskitteenee. his x mark, IL SGeneral Terror, his x mark. [1_ S Hoopoieerniko. his x mark. IL. SChOctaw Eestannokee,

his x mark. IL. SHOopoieethoma, hCx mark, IL S

Witness:Tho, H. Williams, secretary to the commission,John Ritchlynn, interpreter.Turner Broshear, iWerpreter,M. Mackey, interpreter,Silas Dinsmoor.R. Chamberlin.

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A treaty of friendship, limits, and accommodation, between the UnitedStates of America and the Choctaw nation of Indians, begun and con-cluded at the Treaty Ground, in said nation, near Doak's Stand, on theNatchez Road.

PREAMBLE.

Whereas it is an important object with the President of the UnitedStates, to promote the civilization of the Choctaw Indians, by theestablishment of schools amongst them; and to perpetuate them as anation, by exchanging, for a small part of their land here, a countrybeyond the Mississippi River, where all, who live by hunting am) will notwork, may be collected and settled together.And whereas it isdesirable to the state of Mississippi, to obtain a small part of the landbelonging to said nation; for the mutual accommodation of the parties,and f or securing the happiness and protection fo the whole Choctawnation, as well as preserving that harmony and friendship which so hap-pily subsists between them and the United States, James Monroe,President of the United States of America, by Andrew Jackson, of theState of Tennessee, Major General in the Army of the United States,and General Thomas Hinds, of the State of Mississippi, CommissionersPlenipotentiary of the United States, on the one part, and the Mingoes,Head Men, and Warriors, of the Choctaw nation, in full Councilassembled, on the other part, have freely and voluntarily entered intothe f ollowing articles, viz:

ART. 1. To enable the President of the United States to carry into ef-fect the above grand and humane objects, the Mingoes, Head Men,and Warriors, of the Choctaw nation, in full council assembled, in behalfof themselves and the said nation, do, by these presents, cede to theUnited States of America, all the land lying and being within the boun-daries following, to wit; Beginning on the Choctaw boundary, East ofPearl River, at a point due South of the White Oak spring, on the old In-dian path; thence north to said spring; thence northwardly to a blackoak, standing on the Natchez road, about forty poles eastwardly fromDoake's fence, marked A. J. and blazed, with two large pines and ablack oak standing near thereto, and marked as pointers; thence astraight line to the head of Black Creek. or Bouge Loosa; thence downBlack Creek or Bouge Loosa to a small Lake; thence a direct course, soas to strike the Mississippi one mile below the mouth of the ArkansasRiver; thence down the Mississippi to our boundary; thence around andalong the same to the beginning.

ART. 2. For and in consideration of the foregoing cession, on the partof the Choctaw nation, and in part satisfaction for the same, the Com-missioners of the United States, in behalf of said States, do herebycede to said nation, a tract of country west of the Mississippi River,situate between the Arkansas and Red River, and bounded asfollows:Beginning on the Arkansas River, where the lower boundaryline of the Cherokees strikes the same; thence up the Arkansas to theCanadian Fork, and up the same to its source; thence due South to theRed River; thence down Red River, three miles below the mouth of Lit-tle River, which empties itself into Red River on the north side; thenceadirect line to the beginning.

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MT. 3. To prevent any dispute upon the subject of the boundariesmentioned in the 1st and 2nd articles, it is hereby stipulated betweenthe parties, that the same shall be ascertained and distinctty marked bya Commissioner, or Commissioners, to be appointed by the UnitedStates, accompanied by such person as the Choctaw nation mayselect; said nation having thirty days previous notice of the time andplace at which the operation will commence. The person so chosen bythe Choctaws, shall act as a pilot or guide, for which the United Stateswill pay him two dollars per day, whilst actually engaged in the per-formance of that duty.

ART. 4. The boundaries hereby established between the Choctaw In-dians and the United States, on this side of the Mississippi river, shallremain without alteration until the period at which said nation shallbecome so civilized and enlightened as to be made citizens of theUnited States, and Congress shall lay off a limited parcel of land for thebenefit of each family or individual in the nation.

MT. 5. For the purpose of aiding and assisting the poor Indians, whowish to remove to the country hereby ceded on the part of the UnitedStates, and to enable them to do well and support their families, theCommissioners of the United States engage, in behalf of said States, togive to each warrior a blanket, kettle, rifle gun, bullet moulds and nip-pers, and ammunition sufficient for hunting and defence, for one year.Said warrior shall also be supphed with corn to support him and his fami-ly, for the same period, and whilst traveling to the country above cededto the Choctaw nation.

MT. I. The Commissioners of the United States further covenantand agree, on the part of said States, that an agent shall be appointed,in due time, tor the benefit of the Choctaw Indians who may be per-manently settled in the country ceded to them beyond the Mississippiriver, and, at a convenient period, a factor shall be sent there withgoods, to supply their wants. A Blacksmith shall also be settledamongst them, at a point most convenient to the population; and afaithful person appointed, whose duty it shall be to use everyreasonable exertion to collect all the wandering Indians belonging to theChoctaw nation, upon the land hereby provided for their permanent set-tfement.

ART. 7. Out of the lands ceded by the Choctaw nation to the UnitedStates, the Commissioners aforesaid, in behalf of said States, furthercovenant and agree, that fifty-four sections of one mile square shall belaid out in good land, by the President of the United States, and sold,for the purpose of raising a fund, to be applied to the support of theChoctaw schools, on both sides of the Mississippi river. Three-fourthsof said fund shall be appropriated for the benefit of the schools here:and the remainiagjourth for the establishment of one or more beyondthe Mississippi: th4vrtr6le to be placed In the hands of the President ofthe United States, and to be applied by him, expressly and exclusively,to this valuable object.

ART. O. To remove any discontent which may have arisen in theChoctaw Nation, in consequence of six thousand dollars of their annui-ty having been appropriated annually, for sixteen years, by some of thechiefs, for the support of their schools, the Commissioners of theUnited States oblige themselves, on the part of said States, to set apartan additional tract of good land, for raising a fund equal to that given bythe said chiefs, so that the whole of the annuity may remain in the na-tion, and be divided amongst them. And In order that exact justice maybe done to the poor and distressed of said nation, it shall be the duty ofthe agent to see that the wants of every deaf, dumb, blind, anddistressed Indian, shall be first supplied c.t of said annuity, and thebalance equally distributed amongst every individual of said nation

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ART. 4. AI those who have separate settlements, and fall within thelimits of the land ceded by the Choctaw nation to the United States, andwho desire to remain where they now reside, shell be secured in a tractor parcel of land one mile square, to include their improvements. Anyone who prefers removing, if he does so within one year from the dateof this treaty, shall be paid their fun value, to be ascertained by two per-sons, to be appointed by the President of the United States.

ART. 10. As there are some who have valuable buildings on the roadsand elsewhere upon the lands hereby ceded, should they remove, it isfurther agreed by the aforesaid Commissioners, in behalf of the UnitedStates, that the inconvenience of doing so shall be considered, andsuch allowance made as will amount to an equivalent. For this purpose,there shall be paid to the Mingo, Puckshenubbee, five hundred dollars;to Harrison, two hundred dollars; to Captain Cobb, two hundred dollars;to William Hays, two hundred dollars; to O'Gleno, two hundred dollars;and to all others who have comfortable houses, a compensation in thesame proportion.

ART. 11. It is also provided by the Commissioners of the UnitedStates, and they agree in behalf of said states, that those ChoctawChiefs and Warriors, who have not receii,ed compensation for their ser-vices during the campaign to Pensacola, in the late war, shall be paidwhatever is due them over and above the value of the blanket, shirt,flap, and leggins, which have been delivered to them.

ART. 12, in order to promote industry and sobriety amongst allclasses of the Red people, In this nation, but particularly the poor, it isfurther provided by the parties, that the agent appointed to reside here,shall be, and he is hereby, vested with full power to seize and con-fiscate all the whiskey which may be introduced into said nation, exceptthat used at public stands, or brought in by the permit of the agent, orthe principal Chiefs of the three Districts

ART. 13. To enable the Mirigoes. Chiefs, and Head Men, of theChoctaw nation, to raise and organize a corps of Light-Horse, con-sisting of ten in each District, so that good order may be maintained,and that all men, both white and red, may be compelled to pay their justdebts, it is stipulated and agreed, that the sum of two hundred dollarsshall be approoriated by the United States, for each district, annually,and placed in the bands of the agent, to pay the expenses incurred inraising and establishing said corps; which is to act as executive of-ficers, in maintaining good order, and compelling bad men to removefrom the nation, who are not authorized to live in it by a regular permitfrom the agent.

ART. 14. Whereas the father of the beloved Chief Mushuletubbee, ofthe Lower Towns, for and during his life, did receive from the UnitedStates the sum of one hundred and fifty dollars, annually; it is herebystipulated, that his son and successor Mushulatubbee, shall annuallybe paid the same amount during his natural life, to commence from theratification of this Treaty.

MT. 15. The peace and harmony subsisting between the ChoctawNation of Indians and the United States, are hereby renewed, con-tinued, and declared to be perpetual.

ART. 18. These articles shell take effect, and become obligatory onthe contracting parties, so soon as the same shall be ratified by thePresident, by and with the advice and consent of the Senate of theUnited States.

In testimony whereof, the commissioners plenipotentiary of theUnited States and the Mingoes, head men, and warriors, of the Choc-taw nation, have hereunto subscribed their names and affixed theirseals, at the place above written, this eighteenth day of October, in theyear of our Lord one thousand eight hundred and twenty, and of the in-

dependence of the United States the forly-fifth.

Andrew Jackson,Thomas Hinds,

Commissioners,Medal Mingoes.

Puckshenubbee, his x mark,Pooshawattaha, his x mark,Mushulatubbee, his x mark,

Chiefs and warriorsGeneral Humming Bird.

his x mark,

James Harmon, his x mark.Talking Warrior, ha x mark,Little Leader, his x mark,

Captain Bob Cole, his x mark,Red Fort, or Oolatahooma.

his x mark.

Choctawistonocka, his x mark,Ogleno, hiss mark.Chuieta, his x mark.John Frazier, his x mark.Oakchurnmia, his x mark.Nockestona, his x mark.Chepahooma, his x mark,Onanchahabee. his x mark,Copatanathoco, his x mark,Atahobla, his x mark,Opehoole, his x mark.

Chetantanchahubbee,his x mark,

Captain Lapels, his s mark.Panchahabbee, his x mark,Chuckahicka, his x mark.Tallahomia, his x mark,Totapia, his x mark,

Hocktanlubbee, his x mark.Tapawanchahubbee, his x markCapt. Red Bird, his s mark,Capt. Jerry Carney, his x mark.Chapanchahabbee, hiss mark,Tunnupnela, his x mark.

Ponhoopla, his x mark,Chatamakaha, has mark,Hapeahome, his x mark.William Hay, his x mark,Captain Samuel Cobb,

his x mark.

Lewis Brashears. his x mark,Muckelehamia, he s mark,Capt. Sam Magee, his x mark.Ticbehamia, his x mark.

Doctor Rod Bed, his x mark.Oontoots, his x mark.PooshOulthabboe. his x mark,

Casania, his x mark,Joseph Nelson, his s mark,Unahubbee. his x mark,Red Duck, his x mark,

Muttahubbee, his x mark.Capt lhokahatubbee.

his x mark,

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Ticbehacubbee, his s mark,Suttacanchthubbee, his x mark.Capt Wiliam Beams, his x mark,Captain James Pitchlynn.Capt James Garland. his x markTapanahomia. his x mark,Thlahorne, his x mark.Tishotata, his x mark,Inoque. his x mark.latetoncubbee, his x mark.Palochubbee. his x mark,Jopanna his x mark.Captain Joel 11 Vail,Tapanastortaharnia, his x mark.

Hoopihomta. his x mark,Chelutahome. his x mark,Tuskiamingo, he x mark,Young Captain, his x mark.

Chiefs and warriorsHakatubbee. his x mark.Tishoo, his x mark.Capt Bolt, his x mark.Hopeanchahabee. his s mark.Capt Bradley. his x mark,Capt Daniel MCurtain.

his x mark.

Mucklisahope, his x mark.Nuckpullachubbee.

his s mark.

George Turnbull,Captain Thomas M Curtain,

his x mark.

Oakehonahonma, his x mark.Capt John Cairns. his x markTopenastonahoorna, his x mark,Holatoharne, his x mark.Col Boyer. his x markNolan tachanshahubbee,

his x mark,

Chuckahabbee his x markWashaschahope. his x markAlex Hamilton,Capt Red Knife. his s markShapahroma. his x markCapt Tonnanpoocha .

his x mark,

Mechamiabbee, his x markTuskanohamia, his x mark,Tookatubbetusea his x mark.Wiliam Frye, his x mark,

Greenwood Lenore, his x mark.Archibald MaGee. his x mark,Capt Ben Burns. his x mark.Tusconotacca, his x mark.Capt LewiS Perry. his x mark,Henekachubbee, his x mark.Tussashamia his x mark.Capt Charles Durant,

his x mark.

Pere Durant, his x mark

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98

Witnesses present at sealing and signing:

Saml. R. Overton, secretary to the commission,Eden Brashears,J. C. Bronaugh, assistant surgeon-general. S D.. U.S. Army,H. D. Downs,Wm. F. Gangent,Wm. M. Graham, first lieutenat, Corps of Artillery,Andrew J. Donelson, brevet second lieutenant Corps of Engineers andaid-de-camp to General Jackson,P. A. Vandom,John H. Esty,John Pitchtynn, United States interpreter,M. Mackey, United States intérpreter,Edmund Faison*, interpreter, X,James Hughes,Geo. Fisher,Jas. Jackson, jr.

TREATY WITH THE CHOCTAW.1125.

Articles of a convention made between John C. Calhoun, Secretary ofWar, being specially authorized therefor by the President of the UnitedStates, and the undersigned Chiefs and Head Mon of the Choctaw Na-tion of Indians, duly authorized and empowered by said Nation, at theCity of Washington, on the twentieth day of January, in the year of ourLord one thousand eight hundred and twenty-five.

Whereas a Treaty of friendship, and limits, and accommodation, hav-ing been entered into a Doake's Stand, on the eighteenth of October, inthe year one thousand eight hundred and twenty, between AndrewJackson and Thomas Hinds, Commissioners on the part of the UnitedStates, and the Chiefs and Warriors of the Choctaw Nation of Indians;and whereas the second article of the Treaty aforesaid provides for acession of lands, west of the Mississippi, to the Choctaw Nation, In partsatisfaction for lands ceded by said Nation to the United States, ac-cording to the first article of said treaty: And whereas, it being ascer-taMed that the cession aforesaid embraces a large number of settlers,citizens of the United States; and it being the desire of the President ofthe United States to obviate all difficulties resulting therefrom, and also,to adjust other matters in which both the United States and the Choc-taw Nation are interested: the following artilles have been agreedupon, and concludel, between John C. Calhoun, Secretary of War,specially authorized therefor by the President of the United States, onthe one part, and the undersigned Delegates of the Choctaw Nation, onthe other part:

ARTILCE 1. The Choctaw Nation do hereby cede to the UnitedStates all that portion of the land ceded to them by the second article ofthe Treaty of Doak Stand, as aforesaid, lying east of a tone beginning onthe Arkansas, one hundred paces east of Fort Smith, and runningthence, due south, to Red river: it being understood that this line shallconstitute, and remain, the permanent boundary between the UnitedStates and the Choctaws: and the United States agreeing to removesuch citizens as may be settled on the west side, to the east side ofsaid line, and prevent future settlements from being made on the west

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ARTICLE 2. In consideration of the cession aforesaid, the UnitedStates do hereby agree to pay the said Choctaw Nation the sum of sixthousand dollars, annually, forever; it being agreed that the said sum ofsix thousand dollars shall be annually applied, mr the term of twentyyears, under the direction of the President of the United States, to thesupport of schools in said nation, and extending to it the benefits of in-struction in the mechanic and ordinary arts of life; when, at the expira-tion of twenty years, it is agreed that the said annuity may be vested instocks, or otherwise disposed of, or continued, at the option of theChoctaw nation.

ARTICLE 3. The eighth article of the treaty aforesaid having providedthat an appropriation of lands shall be made for the purpose of raisingsix thousand dollars a year for sixteen years, for the use of the Choc-tayiNation; and it being desirable to avqid the delay and expense atten-ding the survey and sale of said land; the United States do herebyagree to pay the Choctaw Nation, in lieu thereof, the sum of six thou-sand dollars, annually, for sixteen years, to commence with the presentyear. And the United States further stipulate and agree to take im-mediate measures to survey and bring into market, and sell, the fiftyfour sections of land set apart by the seventh article of the treatyaforesaid, and apply the proceeds in the manner provided by the saidarticle.

ARTICLE 4.1t 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 UnitedStates, and desire to remain where they now reside, shall be secured ina tract or parcel of land, one mile square, to include their improvements.It is, therefore, hereby agreed, that all who have reservations in con-formity to said stipulation, shall have power, with the consent of thePresident of the United States, to sell and convey the same in fee sim-ple, It is further agreed, on the part of the United Stares, that thoseChoctaws, not exceeding four in number, who applied for reservations,and received the recommendation of the Commissioners, as per annex-ed copy of said recommendation, shall have the privilege, and the rightis hereby given to them, to select, each of them, a portion of land, notexceeding a mile square, any where within the limits of the cession of1820, when the land is not occupied or disposed of by the UnitedStates: and the right to sell and convey the same, with the consent ofthe President, in fee simple, is hereby granted.

ARTICLE 5. There being a debt due by individuals of the ChoctawNation to the late United States' trading house on the Tombigbee, theUnited States hereby agree to relinquish the same; the Delegation, onthe part of their nation, agreeing to relinquish their claim upon theUnited States, to send a factor with goods to supply the wants of theChoctaws west of the Mississippi, as provided for by the sixth article ofthe treaty aforesaid.

ARTICLE S. The Choctaw nation having a claim upon the UnitedStates, for services rendered in the Pensacola Campaign, and forwhich it is stipulated, in the eleventh article of the treaty aforesaid, thatpayment shall be made, but which has been delayed for want of theproper vouchers, which it has been found, as yet, impossible to obtain,the United States, to obviate the inconvenience of further delay, and torender justice to the Choctaw Warriors for their services in that cam-paign, do hereby agree upon an equitable settlement of the same, andfix the sum at fourteen thousand nine hundred and seventy-two dollarsfifty cents; which, from the muster rolls, and other evidence in thepossession of the Third Auditor, appears to be about the probableamount due, for the services aforesaid, and which sum shall be im-

vi

met:Stately paid to the Delegation, to be distributed by them to the Chiefsand Warriors of their nation, who served In the campaign aforesaid, asmay appear to them to be just.

ARTICLE 7. It is further agreed, that the fourth article 01 the treatyaforesaid, shall be so modified, as that the Congress of the UnitedStates shall not exercise the power of apportioning the lands, for thebenefit of each family, or individual, of the Choctaw Nation, and of br-inging them under the laws of the United States, but with the consent of

the Choctaw Nation.ARTICLE I. ft 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 whitemen, as they were led to believe was necessary, the United .States, inorder to a final settlement of all such claims, do hereby agree Rimy tothe Choctaw Delegation, the sum of two thousand dollars, to bedistributed by them in such way, among the claimants, as they maydeem equitable. It being understood that this provision is not to affectsuch claims as may be properly suthenticated, according to the provi-sion of the act of 1802.

ARTICLE II .It is further agreed that, immediately upon the Ratificationof this Treaty, or as soon thereafter as may be, and agent shall be ap-pointed for the Choctaws West of the Mississippi, and a Blacksmith besettled among them, in conformity with the stipulation contained in thesixth Article of the Treaty of 1820.

ARTICLE 10. The Chief Puck-shemubbee, one of the members ofthe Delegation, having died on his journey to see the President, andRobert Cole being recommended by the Delegation as his successor, itis hereby agreed, that the said Robert Cc* shall reserve the medalwhich appertains to the office of Chief, and also, an annuity from theUnited States, of one hundred and fifty dollars a year, during his naturallife, as was received by his predecessor.

ARTICLE 11. The friendship heretofore existing between the UnitedStates and the Choctaw Nation, is hereby renewed and perpetuated.

ARTICLE 12. These articles shall take effect, and become obligatoryon the contracting parties, so soon as the same shall be ratified by thePresident, by and with the advice and consent of the Senate of theUnited States.

In testimony whereof, the said John C Calhoun, and said delegatesof the Choctaw nation, have hereunto set their hands, at the city ofWashington. the twentieth day of January, one thousand eight hundred

and twenty-five.

J. C. Calhoun,Mooshulatubbee, his x mark,Robert Cole, his x mark,Daniel McCurtain, his x mark,Talking Warrior, his x mark,Red Fort, his x mark,Nittuckachee, his x mark,David Folsom, his x mark,

J. L. McDonald.

In presence ofThos. L. McKenney,Hezekiah Miller,John Pitchlynn, United States interpreter.

lUu

TREATY WITH THE CHOCTAW, 1830.

A treaty of perpetual friendship. cession and knits, entered into byJohn M. Eaton and John Coffee, for and in behalf of the Government ofthe United States, and the Mingoes, Chiefs, Captains and Warriors ofthe Choctaw Nation, begun and hold at Dencing Rabbit Creek, on thefifteenth of September, in the year eighteen hundred and thirty.

Whereas the General Assembly of the State of Mississippi has ex-tended the laws of said State to persons and property within thechartered limits of the same, and the President of the United States hassaid that he cannot protect the Choctaw people from the operation ofthese laws; Now therefore that the Choctaw msy live under their ownlaws in peace with the United States and the State of MississiPist theyhave determined to sell their lands east of the Mississippi and have ac-cordingly agreed to the following articles of treaty:

ARTICLE I. Perpetual peace and friendship is pledged and agreedupon by and between the United States and the Mingoes, Chiefs, andWarriors of the Choctaw Nation of Red People: and that this msy beconsidered the Treaty existing betwenn the parties/aIl other Treatiesheretofore exiating and inconsistent with the provisions of this arehereby declared null and void.

ARTICLE II. The United States under a grant specially to be made bythe President of the U.S. shall cause to be conveyed to the ChoctawNation a tract of country west of the Mississippi River, in fee simple tothem and their descendants, to inure to them while they shall exist as anation and live on it, beginning near Fort Smith where the Arkansasboundary crosses the Arkansas River, running thence to the source ofthe Canadian fork; if in the limits of the United States, or to those limits;thence due south to Red River, and down Red River to the west boun-dary of the Territory of Arkansas: thence north along that line to thebeginning. The boundary of the same to be agreeably to the Treatymade and concluded at Washington City in the year 1825. The grant tobe executed so soon as the present Treaty shall be ratified.

ARTICLE NI. In consideration of the provisions contained in theseveral articles of this Treaty, the Choctaw nation of Indians consentand hereby cede to the United States, the entire country they own andpossess, east of the Mississippi River; and they agree to move beyondthe MississipPi River, early as practicable, and will so arrange theirremoval, that as many as possible of their people not exceeding onehalf of the whole number, shall depart during the falls of 1831 and1832; the residue to folow during the succeeding fall of 1833; a bet-ter opportunity in this manner will be afforded the Government, to ex-tend to them the facilities and comforts which it is desirable should beextended in conveying them to their new homes.

ARTICLE IV. The Government and people of the United States arehereby obliged to secure to the said Choctaw Nation of Red PrroPle thejurisdiction and government of all the persona and property that may bewithin their limits west, so that no Territory or State shall ever have aright to pass laws for the government of the Choctaw Nation of RedPeople and their descendants; and that no part of the land grantedthem shell ever be embraced in any Territory or State: but the U.S. shallforever secure said Choctaw Nation from, and against, all laws exceptsuch as from time to time may be enacted in their own National Coun-cils, not inconsistent with the Constitution, Treaties, and Laws of theUnited States; and except such as may, and which have been enactedby Congress, to the extent that Congress under the Constitution are re-quired to exercise a legislation over Indian Affairs. But, the Choctaws.

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should this treaty be ratified, express a wish that Congress may grantto the Choctaws the right of punishing by their own laws, any whitemanwho shall come into their nation, and infringe any of their nationalregulations.

ARTICLE V. The United States are obliged to protect the Choctawsfrom domestic strife and from foreign enemies on the same principlesthat the citizens of the United States are protected, so that whateverwould be a legal demand upon the U.S. for defense or for wrongs com-mitted by an enemy, on a citizen of the U.S. shall be equally binding infavor of the Choctaws, and in all cases where the Choctaws shall becalled upon by a legally authorized officer of the U.S. to fight an enemy,such Choctaws shall receive the pay and other emoluments, whichcitizens of the U.S. receive in such cases, provided, no war shall beundertaken or proeecuted by said Choctaw Nation but by declarationmade in full Council, and to be approved by the U,S. unless it be in selfdefence against an open rebellion or against an enemy marchiritrintotheir countrY, in which cases they shall defend, until the U.S. are advis-ed thereof.

ARTICLE VI. Should a Choctaw or any party of Choctaws commitacts of violence upon the person or property of a citizen of the U.S. orfoin any war party against any neighbouring tribe of Indians, without theauthority in the preceeding article; and except to oppose an actual orthreatened invasion or rebellion, such person so offending shall bedelivered up to an officer of the U.S. if in the power of the Choctaw Na-tion, that such offender may be punished as may be provided in suchcases, by the laws of the U.S.; but, if such offender is not within thecontrol of the Choctaw Nation, then said Choctaw Nation shall not beheld responsible for the iniury done by said offender.

ARTICLE VII. AN acts of violence committed upon persons and pro-perty of the people of the Choctaw Nation either by citizens of the U.S.or neighbouring Tribes of Red People, shall be referred to someauthorized Agent by him to be referred to the President of the U.S. whoshall examine into such cases and see that every possible degree ofjustice is done to said Indian party of the Choctaw Nation.

ARTICLE VIII. Offenders against the laws of the U.S. Of any individualState shall be apprehended and delivered to any duly authorized per-son where such offender may be found in the Choctaw country, havingfled from any part of U.S. but in all such cases application must bemade to the Agent or Chiefs and the expense of his apprehension anddelivery provided for and paid by the U. States.

ARTICLE IX. Any citizen of the U.S. who may be ordered from theNation by the Agent and constituted authorities of the Nation and refus-ing to obey or return into the Nation without the consent of theaforesaid persons, shall be subject to such pains and penalties as maybe provided by the laws of the U.S. in such cases. Citizens of the U.S.travelling peaceably under the authority of the laws of the U.S shall beunder the care and protection of the nation.

ARTICLE X. No person shall expose goods or other article for sale asa trader, without a written permit from the constituted authorities of theNation, or authority of the laws of the Congress of the U.S. under penal-ty of forfeiting the Articles, and the constituted authorities of the Nationshalt grant no license except to such persons as reside in the Nationand are answerable to the laws of the Nation. The U.S. shall be Par-ticularly obliged to assist to prevent ardent spirits from being introducedinto the Nation.

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ARTICLE XI. Navigable streams shall be free to the Choctaws whoshall pay no higher toll or duty than citizens of the U.S. It is agreed fur-ther that the U.S. shall establish one or more Post Offices in said Na-tion, and msy establish such military post roads, and posts, as theyma: consider necessary.

ARTICLE XII. All intruders shall be removed from the Choctaw Nationand kept without it. Private property to be always respected and on nooccasion taken for public purposes without just compensation beingmade therefor to the rightful owner. If an Indian unlawfully take or stealany properly from a white man a citizen of the U.S. the offender shall bepunished. And if a white nun unlawfully take or steal any thing from anIndian, the property shall be restored and the offender punished. It isfurther agreed that when a Choctaw shall be given up to be tried for anyoffence against the laws of the U.S. if unable to emOlOy counsel to de-fend him, the U.S. will do it, that his trial may be fair and impartial.

ARTICLE XIII. It is consented that a qualified Agent shall be ap-pointed for the Choctaws every four years, unless sooner removed bythe President; and he shall be removed on petition of the constitutedauthorities of the Nation, the President being satisfied there is sufficientcause shown. The Agent shall fix his residence convenient to the greatbody of tha peools, and in the selection of an Agent immediately afterthe ratification of this Treaty, the wishes of the Choctaw Nation on thesubject shall be entitled to great respect.

ARTICLE XIV. Each Choctaw head of a family being desirous tore-main and become a citizen of the States, shall be permitted to do so, bysignifiying his intention to the Agent within six months from the ratifica-tion of this Treaty, and he or she shall thereupon be entitled to a reser-vation of one section of six hundred and forty acres of land. to bebounded by sectional lines of survey; in like manner shall be entitled toone half that quantity for each unmarried child which is living with himover ten years of age; and a quarter section to such child as may beunder 10 years of age, to adjoin the location of the parent. If theyreside upon said lands intending to become citizens of the States forfive years after the ratification of this Treaty, in that case a grant in feesimple shall issue; said reservation shall include the present improve-ment of the head of the family, or a portion of it. Persons who claimunder this article shall not lose the privilege of a Choctaw citizen, but ifthey ever remove are not to be entitled to any portion of the Choctawannuity.

ARTICLE XV. To each of the Chiefs in the Choctaw Nation (to wit)Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted areservation of four sections of land, two of which shall include and ad.join their present improvement, and the other two located where theyplease but on unoccupied unimproved lands, such sections shall bebounded by sectional lines, and with the consent of the President theymay sell the same. Also to the three principal Chiefs and to their suc-cessors in office thereeshall be paid two hundred and fifty dollars an-nually while they shall continue in thier respective offices, except toMushulatubbe, who as he has an annuity of one hundred and fiftydollars for life under a former treaty, shall receive only the additionalsum of one hundred dollars, while he shall continue in office as Chief;and if in addition to this the Nation shall think proper to elect an addi-tional principal Chief of the whole to superintend and govern uponrepublican principles he shall receive annually for his services five hun-dred dollars, which allowance to the Chiefs and their successors in of-fice, shall continue for twenty years. At any time when in military ser-

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vice, and while in service by authority of the U.S. the district Chiefsunder and by selection of the President shall be entitled to the pay ofMajors the other chief under the same circumstances shall have thepay of a Lieutenant Colonel. The Speakers of the three districts, shallreceive twentyfive dollars a year for four years each; and the threesecretaries one to each of the chiefs, fifty dollars each for four years.Each Captain of the Nation, the number not to exceed niraty nine,thirtythree from each district, shall be furnished upon removing to theWest, with each a good suit of clothes and a broad sword as an outfit,and for four years commencing with the first of their removal, shall eachreceive fifty dollars a year, for the trouble of keeping their people atorder in settling; and whenever they shall be in military service byauthority of the U .S shall receive the pay of a captain.

ARTICLE XVI. In wagons; and with steam boats as may be foundnecessarythe U.S. agree to remove the Indians to their new homes attheir expense and under the care of discreet and careful persons, whowill be kind and brotherly to them. They agree to furnish them with am-ple corn and beef, or pork for themselves and families for twelve mon-ths after reaching their new homes

It is agreed further that the U.S will take all their cattle, at the valua-tion of some discreet person to be appointed by the President, and thesame shall be paid for in money after their arrival at their new homes; orother cattle such as may be desired shall be furnished them, notice be-ing given through their Agent of their wishes upon this subject beforethier removal that lime to supply the demand may be afforded.

ARTICLE XVII. The several annuities and sums secured underformer Treaties to the Choctaw nation and people shall continue asthough this Treaty had never been made

And it is further agreed that the U.S. in addition will pay the sum oftwenty thousand dollars for twenty years, commencing after theirremoval to the west, of which. in the first year after their removal, tenthousand dollars shall be divided and arranged to such as may notreceive reservations under this Treaty.

ART, XVIII. The U.S. shall cause the lands hereby ceded to besurveyed: and surveyors may enter the Choctaw Country for that pur-pose, conducting themselves properly and disturbing or interruptingnone of the Choctaw people. But no person is to be permitted to settlewithin the nation, or the lands to be sold before the Choctaws shallremove. And for the payment of the several amounts secured in thisTreaty, the lands hereby ceded are to remain a fund pledged to thatpurpose. until the debt shall be provided for and arranged. And further itis agreed. that in the construction of this Treaty wherever well foundeddoubt shall arise, it shall be construed most favorable towards theChoctaws

ARTICLE XIX. The following reservations of land are hereby admit-ted. To Colonel David Fulsom four sections of which two shall includehis present improvement, and two may be located elsewhere, on unoc-cupied, unimproved land.

To I. Garland, Colonel Robert Cole, Tuppanahomer. John Pytchlynn.Charles Juzan, Johokebetubbe, Eaychahobia. Ofehoma, two sections.each to include their improvements, and to be bounded by sectionallines, and the same may be disposed of and sold with the consent ofthe President And that others not provided for, may be provided for,there shall be reserved as follows:

First. One section to each head of a family not exceeding Forty innumber, who during the present year. may have had in actual cultiva-tion, with a dwelling house thereon fifty acres or more. Secondly, three

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quarter sections after the manner aforesaid to each head of a family notexceeding four hundred and sixty, as shall have cultivated thirty acresand less then fifty, to be bounded by quarter section lines of survey,and to be contiguous and adjoining.

Third: One half section as aforesaid to those who shall havecultivated from twenty to thirty acres the number not to exceed fourhundred. Fourth; a quarter section as aforesaid to such as shall havecultivated from twelve to twenty acres, the number not to exceed threehundred and fifty, and one half that quantity to such as shall havecultivated from two to twelve acres, the number also not to exceedthree hundred and fifty persons. Each of said class of cases shall besubject to the limitations contained in the first class, and shall be solocated as to include that part of the improvement which contains thedwelling house. If a greater number shall be found to be entitled toreservations under the several classes of this article, than is stipulatedfor under the limitation prescribed, then and in that case the Chiefsseparately or together shall determine the persons who shall be exclud-ed in the respective districts.

Fifth: Any Captain the number not exceeding ninety persons, whounder the provisions of this article shall receive less than a section, heshall be entitled, to an additional quantity of half a section adjoining tohis other reservation. The several reservations secured under this arti-cle, may be sold with the consent of the President of the U.S butshould any prefer it, or omit to take a reservation for the quantity he maybe entitled to, the U.S. will on his removing pay fifty cents an acre, afterreaching their new homes, provided that before the first of January nextthey shall adduce to the Agent, or some other authorized person to beappointed, proof of his claim and the quanitity of it. Sixth: Likewisechildren of the Choctaw Nation residing in the Nation, who have neitherfather nor mother a list of which, with satisfactory proof of Parentageand orphanage being filed with Agent in six months to be forwarded tothe War Department, shall be entitled to a quarter section of Land, to belocated under the direction of the President, and with his consent thesame may be sold and the proceeds applied to some beneficial our-pose for the benefit of said orphans.

ARTICLE XX. The U.S. agree and stipulate as follows, that for thebenefit and advantage of the Choctaw people. and to improve their con-dition, their shall be educated under the direction of the President andat the expense of the U.S. forty Choctaw youths for twenty years. Thisnumber shall be kept at school, and as they finish their educationothers, to supply their place shall be received for the period stated. TheU.S. agree also to erect a Council House for the Nation at some conve-nient central point, after their people shall be settled; and a House foreach Chief, also a Church for each of the three Districts, to be usedalso as school houses, until the Nation may conclude to build others;and for these purposes ten thousand dollars shall be appropriated; alsofifty thousand dollars (viz.) twenty-five hundred dollars annually shall begiven for the support of three teachers of schools for twenty years.Likewise there shall be furnished to the Nation, three Blacksmiths onefor each district for sixteen years, and a qualified Mill Wright for fiveyears: Also there shall be furnished the following articles, twenty onehundred blankets, to each warrior who emigrates a rifle, moulds, wipersand ammunition. One thousand axes, ploughs. hoes, wheels and cardseach; and four hundred looms. There shall also be furnished, one ton ofiron and two hundred weight of steel annually to each District for six-teen years.

viii

ARTICLE XXI. A few Choctaw Warriors yet survive who marched andfought in the army with General Wayne, the whole number stated not to

exceed twenty.These it is agreed shall hereafter, while they live, receive twentyfive

dollars a year; a list of them to be early as practicable, and within sixmonths, made out, and presented to the Agent, to be forwarded to theWar Departfraint

ARTICLE XXII. The Chiefs of the Choctaws who have suggested thattheir people are in a state of rapid advancement in education and refine-ment, and have expressed a solicitude that they might have theprivilege of a Delegate on the floor of the House of Representatives ex-tended to them. The Commissioners do not feel that they can under atreaty stipulation accede to the request, but at their desire, present it inthe Treaty, that Congress may consider of, and decide the application.

Done, and signed, and executed by the commissioners of the UnitedStates, and the chiefs, captains, and head men of the Choctaw nation,at Dancing Rabbit creek, this 27th day of September, eighteen and thri-ty.

Jno. H Eaton, IL S I Yobalarunehahubbee. his x mark IL S

Jno Coffee. IL S I Holubbee, his x mark, IL S

Greenwood Lef lore. IL SI Robert Cole. his x mark, IL S.

Musholatubbee. his x mark. IL S I Mokelareharhopin, his x mark. IL S

Nittucachee. his x mark. IL S 1 Artonamarstubbe. his x mark. IL S

Holarterhoomah. his x mark. IL S ; Lewis Perry, his x mark, IL S

Hopiaunchahubbee, his x mark. IL S I Hopeatubbee his x mark, IL S

Zishomingo. his x mark. IL S I Hoshahoomah, his x mark. IL S

Captainthalke, his x mark, IL S I Chuallahoomah, his x mark. It. S

James Shield, his x mark. IL S I Joseph Kincaide, his x mark, IL S

Pistiyubbee. his x mark. IL S I Eyarhocuttubbee. his x mark. IL S

Hopiamtushker, his x mark IL S Hiram King his x mark. IL S

Aryoshkermer, his x mark. IL S I Ogla Enlah his x mark, IL S

Shemotar, his x mark. IL S 1 Nultlahtubbee, his x mark. IL S

Hopiaisketina, his x mark. IL S 1 TuskaHoNaituh, his x mark. IL S

Thomas Lefore. his x mark, IL S 1 Kothoantchahubbee, his x mark. IL S

Arnokechatubbee, his x mark. IL Si Evarpulubbee, hiss mark. IL S

Shokoperlukna. his x mark IL S I Okentahubbe, his x mark, IL S

Posherhoomah, his x mark. IL S Living War Club. his x mark, IL S

Robert Folsom, his x mark. IL S John Jones, his x mark. IL S

Arharyotubbee. his x mark IL S CnarlesJones, his x mark. IL S

Kushonolarter, his x mark. IL S Isaac Jones. his x mark. IL S

James Vaughan. his x mark IL S Hocklucha, his x mark. (L S

Phiplip, his x mark. IL S Muscogee. his x mark, IL S

Meshameye, his x mark.lshteheka, hiss mark,lyacherhopia, his x mark

IL SIL SIL S

Eden Nelson. his x mark,Heshohomme. his x mark.John McKolbery. his x mark,

IL SIL S(L S

Otfahoomah, his x mark. IL S Sewn James, his x mark, IL S

Archalater, his x mark. IL S Tikbachahambe, his x mark. IL S

Onnahubbee. his x mark. IL S Aholiktube, his x mark. IL S

Pisinhocuttubbee, his x mark. IL S Walking Wolf. his x mark. IL S

Tullarhacher, his x mark. IL S John Waide, his x mark, IL S

Little leader, his x mark, IL S Bog Axe. his x mark, IL S

Maanhutter, his x mark. IL S Bob, his x mark, (L S

Cowehoomah. his x mark IL S Tushkochaubbee. his x mark, IL S

Tillarnoer. his x mark, IL S Ittabe. his x mark, IL S

Imnullache. his x mark, IL S Tishowakayo. his x mark. IL S

Artopilachubbee, his x mark.

Shupherunchahubbee.

IL S Folehornmo, his x mark,

John Garland, his x mark.

IL SIL S

his x mark. IL S Koshona, his x mark. IL S

Nitterhoomah, his x mark, IL S Ishleyohamube. hiss mark, IL S

Oaklaryubbee. his x mark, IL S Jacob Folsom. IL S

Pukumna, his x mark. IL S William Foster IL S

1 u4

Al Pastier, his x mark, IL S.]Holber, hie x mark. IL S.IHopsmiingo, his x mark, IL. S IlaPerhoomah, he x mark. (L S.]Tieberhoornah, his x mark. (L. S .1

Tiahoholarter. his x mark. (L. S.)Mahayarchubbee. his x mark. (L. S 1

ArtooklubbitushPar,his x mark, (L. S I

Metubbee, his x mark, (L. S.IlL S 1Arsarkatubbee. his x mark, IL. S.1Issaterhoomah, his x mark, IL S.ICholgahumatahah, his x mark. IL. S ITunnuppashubbee. his x mark. IL S IOkocharyer, his x mark. (L. S IHoshhopia, his x mark. IL SWarsharshahopia, his x mark. IL S IMaarashunchahubbee,

his x mark, IL S IMisharyubbite. hiss mark, IL S IDaniel MCCurtain, his x mark. (L. STushkerharcho. his x mark. IL S.1Hoktoontubbee, his x mark. IL. S INuknacrahookmarhee,

his x mark. IL. S.1Mingo hoomah, his x mark, IL S IJames Karnes, his x mark, IL S ITishohalcubbee, his x mark. IL. S INarlanalar, his x mark, IL S 1Pennasha, his x mark, IL S IInharyarker, his x mark, IL. S IMottubbee. his x mark, IL S INarharyubbee, his x mark, IL S IIshrnaryubbire, his x mark. IL. S IJames McKing, IL SLewis Wilson, his x mark, IL S.]Istonarkerharcho, hiss mark, (L S IHotionsharnartarher, his x mark, (L. S IKinsulachubbee. his x mark, IL. S IErnarhinstubbee, hie x mark, IL. SGysalndalra, bm, hos x mark, IL S.]Thomas Wall. IL SSam S. Worcester, IL. S IArlartar. his x mark, IL. S INittahubbee, his x mark, (L. S.]Tishonouan, his x mark, IL S.1Warsharchhoornah, his s mark. IL S 1Isaac James. his x mark. IL. S.]

In presence of

Oneoerharcho. his x mark.Hugh A. Foster,Pierre Juzan,Jno Pitchlynn, jrDavid Folsom,

Sholohommastube.his x mark.

Tesho, his x mark,

Lauwechubee, his x mark.Hoshehammo, his x mark.Ofenowo, hiss mark,Ahekoche, his x mark.Kaloshcube. his x mark,Atoko. his x mark,Ishtemeleche. his x mark,Enthhotohabe, his x mark,Silas D. Fisher, his x mark.Isaac Folsom. his s mark,Hekatube, hie x mark.Hakseche, his x mark.,:erry Carney, his x mark.John Washington, his x mark.Panshastubbee, his x mark.P P. Pitchlynn. his x mark.Joel H Nail, his x mark.Hopi' Stonakey. his x mark,Kocohomrna. his x mark,

William Wade, his x mark,Penshstickubbee, his x mark.Hofittankchahubbee. his x mark,Oklmnowa, his x mark.

Neto, his x mark,

James Fletcher, l'vs x mark,Silas D Pitchlynn,William Trahom. his x mark,Toshkahemmitto, his x mark.Tettitayo, his x mark,

Emokloshahopie. hiss mark.Tishhomita. hiss mark.Thomas W Foster, his x mark,Zadoe Brashears, his x mark.Levi Perkins, his x mark,

Isaac Perry, his x mark.Ishlonocka Hoomah, his x mark,

E. Breathitt. secretary to the Commission.WOliom Word, agent for Choctaws.

John Pitchlyn, United States interpreter.

Ai. Mackay, United States interpreter,Geo S. Gaines, of Alabama,R. P. Cumn,Luke Howard,Sam S Worcester,Jno. N Bym.JOhn

Jno. Bond

'is

(L S(L SIL SIL SIL S

IL SIL SIL SIL SIL SIL S(L SIL SIL SIL SIL S(L SIL SIL SIL SIL S

S

(L SS

IL SIL S(L S(L S11_ S

IL SIL SIL SIL S(L S(L S

S.

IL SIL SIL SIL SIL SIL SIL S

SUPPLEMENTARY ARTICLES TO THE PRECEDING TREATY.

Various Choctaw persons have been presented by the Chiefs of thenation, with a desire that they might be provided for Being particularlydeserving, an earnestness has been manifested that provision might bemade for them. It is therefore by the undersigned commissioners hereassented to, with the understanding that they are to have no interest inthe reservations whichAre directed and provided for under the generalTreaty to which this is a supplement.

As evidence of the liberal and kind feelings of the President andGovernment of the United States the Commissioners agree to the re-quest as follows, (to wit) Pierre Juzan. Peter Pitchlyrin, G W Harkins,Jack Pitchlynn, Israel Fulsom. Louis Laflore, Benjamin James, Joel HNail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Lafloreand Allen Yates and wife shall be entitled to a reservation of two sec-tions of land each to include thier improvement where they at presentreside, with the exception of the three first named persons and Ben-jamin Laflore, who are authorized to locate one of tneir sections on anyother unimproved and unoccupied land, within their respective districts.

ARTICLE H. And to each of the totlowing persons there is allowed areservation of a section and a half of land, (to wit) James L. McDonald,Robert Jones, Noah Wall, James Campbell, G. Nelson, VaughnBrashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans.Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, TomasGarland, John Bond, William Laflore, and Turner Brashears, the twofirst named persons, may locate one section each, and one sectionjointly on any unimproved and unoccupied land, these not residing inthe Nation; The others are to include their present residence and im-provement.

Also one section is allowed to the following persons (to wit) Mid-dleton Mackey, Wesley Train, Choclehomo, Moses Foster, D W Wall,Charles Scott, Molly Nail, Susan Colbert, who was formerly SusanJames, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, andPolly Fillecuthey, to be located in entire sections to include thier pre-sent residence and improvement, with the exception of Molly Nail andSusan Colbert, who are authorized to locate theirs, on any unimprovedunoccupied land.

John Pitchlynn has long and faithfully served the nation in characterof U. States Interpreter, he has acted as such for fourty years, in con-sideration it is agreed, in addition to what has been done for him thereshall be granted to two of his children, (to wit) Silas Pitchlynn. andThomas Pitchlynn one section of land each, to adjoin the location oftheir father: likewise to James Madison and Peter sons of Mushulatub-bee one section of land each to include the old house and improvementwhere their father formerly lived on the old military road adjoining a largePrairie.

And to Henry Groves son of the chief Natticache there is one sectionof land given to adjoin his father's land.

And to each of the following persons half a section of land is grantedon any unoccupied and unimproved lands in the Districts where theyrespectively live (to wit) Willis Harkins, James D Hamilton. WilliamJuzan, Tobias Lenore, Jo Doke, Jacob Fulsorn, P. Hays, SamuelWorcester, George Hunter, William Train, Robert Nail and AlexanderMcKee.

And there is given a quarter section of land each to Delila and her fivefatherless children, she being a Choctaw woman residing out of the na-tion; also the same quantity to Peggy Trihan, another Indian woman

ix

residing out of the nation and her two fatherless children and to thewidows of Pushmilaha, and Pucktshenubbee, who were formerlydistinguished Chiefs of the nation and for their children tour quartersections of land, each in trust for themselves and their children

All of said last mentioned reservations are 10 be located under and bydirection ot the President of the U States

ARTICLE III. The Choctaw people now (hal they have ceded theirlands are solicitous to get to their new homes early as possible and accordingly they wish that a party may be permitted to proceed this tutt toascertain whereabouts will be most advantageous for their people to belocated

It is therefore agreed that three or four persons (from each ol thethree districts) under the guidance of some discreet and well qualifiedperson or persons may proceed during this fali to the West upon an examination of the country

For their time and expenses the 1,1 Stales agree 10 allow the saidtwelve persons two dollars a day each, not to exceed one hundreddays, which is deemed to be ample time to make an examination

II necessary, pilots acquainted with the country will be furnishedwhen they arrive in the West

ARTICLE IV. John Donly of Alabama who has several Choctawgrand children, and who for twenty years has carried the maii throughthe Choctaw Nation, a desire by the Chiefs is expressed that he Mayhave a section of land, it is accordingly granted. to be located in one entire section, on any unimproved and unoccupied land

Allen Glover and George S Gaines licensed Traders in the ChoctawNation, have accounts amounting to upwards of nine thousand dollarsagainst the Indians who are unable to pay their said debts withoutdistressing their families, a desire is expressed by the chiefs that twosections of land be set apart to be sold and the proceedS thereof 10 beapplied toward the payment of the aforesaid debts It is agreed that twosections of any unimproved and unoccupied land be granted to GeorgeS. Gaines who will sell the same for the best price he can obtain and ap-ply the proceeds thereof to the credit of the Indians on their accountsdue to the before mentioned Glover and Gaines, and shall make the ap-plication to the poorest Indian first

At the earnest and particular request of the Chief Greenwood Laflorethere is granted to David Haley one halt section ot land to be located ina half section on any unoccupied and unimproved land as a compensa-tion, for a tourney to Washington City with dispatches to the Govern-ment and returning others to the Choctaw Nation

The foregoing is entered into, as supplemental to the treaty conclud-ed yesterday

Done at Dam. Rabbit creek the 28th day of September. 1830

Jno H Eaton,Jno Coffee.

IL S IIL SI

Robert Cote he x markHopiaunechahubbee he x Mark It

;

SGreenwood Lenore IL S Davin Folsom ;

Nittucachee, hiss mark IL S I John Garland he x mark IL ;

Mushuletubbee, his x mark R. S Hoptahoomah his x mark !

Oftehoomah. his x mark IL S I Captain Thaw x mark 1 '

Eyarhoeultubbee his x mark IL S I Pierre Juranlyasherhopia his x mark IL S I Immarstarher he, x mark SHolubbee, hiss mark. IL S I Hoshimhamartar x mark

Onarhubbee. his x mark. ,L S

106

BEST COPY AVAILABLE

APPENDIX 2

REVISED CONSTITUTION AND BYLAWSOP THE

MISSISSIPPI SAND OF CHOCTAW INDIANS

PREAMBLE

Vito, 111n (Illo( taw 111t1latni, moititioni 01 1110 ItAIWI11,111)111 Nottl of elm; low

Inthont, do :mho to iln tho ill tnvsiithnh hI ol Iltwornmotil hit 11inI:hollow potion, t10 101 OW W011010 told hitholit horoby inlopt 1,1 pto

c Irmo Qin folItiwittiltimottiltittull Anti hylioNti

ARTICLE I NAME

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ARTICLE II JURISDICTION

nuounclion ol lho Mutiniouppi NOW of Clioclow Inittutitti oholl sitkohl 10 MI 1011(114 HMV !Will in wllith Ithily IttutnihIlur tin fICtIIIIInd by 01 Intlii whnli moy tio tumid unt lot pt oho, outhtuily by Iho Miutwouppi Ilona ofClioclow ItiOnum, told to oll pornoto, who Alm 1111W III May 110ititillrnhot mum mottitiom tit lho MINNI111111 Mimi of Choclow Ittuiluhlit

ARTICLE III MEMBERSHIP

!oh 1 1 ui tiloothothltut 01 Ilit, tnitiil,lthhi Ilitilit of 1:11ot law

Itittionil t

lip All ethnicity Intholot ot ono 1401 C or oncost chtitlioN mood

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1110 10101101 III tow hint,

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tiontlittl to ittomboothili

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thombottiltip lho toloptioil of now itioulhort,motoOth1 lhol no imprint t,1 Itre 111,01 ono tlouton cii (Mot low blood1111i111 lo Intatitmoinlo III tilt, N/liwayaliot Kahl of Clio, 1,10,

ARTICLE IV GOVERNING SODY

!itu I I ho Mumumilipt I lillttl of I ;Mu low Dubow, ho piwtotoillby it Mho! num 0 ontl it Ilillill t him WhluildI powom oft, ontimotototl hi

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197BEST COPY AVAILABLE

Iloutio Chitin CommunityConolitilloCutitoultiltyItotul ftlyof CommonlyNod Wotot CoMmuittly84010(w/tom Communtly

ttukto CommunityIltiptm Homo CommunIty

thou ,1 I ho toltol iIilstt utholl tos oloctoil tty tho Clout low potion, 01lialuo with ouch I tiouttorott \Allot 011111100 lit Ono viltis

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(ill 110;111 00011100 11101111aq 01 1110 111110

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ARTICLE V ELECTIONS

;lot I Any iitoolhol ot tho Mumitoluign tI,iltit of t:hoolowwholhot molt, nt loitnito who th mulitooil 11111 wool ill iltin III Imo,toiliiitof toll tit 101111 IIy 1110 ttth,itl t Mint II '414111 Ito ttlt

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tont until 5 hut moon)! Mot hid ilbith rituttltutl

titn It/ Al Ilio littil toptilio tIlns.,hlhtl lollovono tito Ii oloulmo, tro.It IMO t mint il slot I Isom ottittop Oro oloolloitioup siT itio I molt 0, a

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4 Yew Torlmi 2 Y11111 Tomo

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ARTICLE VI - VACANCIES AND REMOVAL FROM OFFICE

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01 1110 1111%1 butlutbib tiltit holt Ito, oppoittloo hholl h luiblil istbililtibit 51 tI toldlopitomut Illo holm, I thillltlillIlly ult1 I Ihil 1110 11101111101 WI10 V111314111 b11/t

OW41111111

lit yin Mit y ittI 1114 m Ills tilionhollihip lit Mt, Itthol t not II,11111 moot Moil ono I I ) ytiltI W111101,1 III lint ItilI11 til 111;0111)0f 0/110114h

Vol skull ho, ;minium tho Mho! i 11usd i,11,111 *Moil ',oil), pit)) ilayn 1 01141')

10 I it, hold 1 lithi i,t1 1,Iot taut in 1110 u111111111111y v1111114111 11111111111141111,1h11111

li )101110.10 01 1111100 1110 Vult ill1i

.08

Serl 3 X e tetteMoy Mtn in tho Oho of tribal Chi& and lees Noone (1) year Metairie Of NO terM 01011105, the office shall outOmoticoNybe Mod by MO virwohlel of the Mb& council

SOO 4 II al ingivety occurs In the office of tribol chief end more thenOne (I) yliar WOW* Of hie terra of onioe, the Whet council sholl. withinsixty (601days, cause to be held a Spec(al election in which sit qualifiedvoters of the tribe may poi naked* for the purport of filling vocentyTho Mee ylOwchief shell serve am etre OW during tho mood ot suchvationoy until now tribal Ohlet is *looted ond seeted

600 b It s vocenoy Ovoure in the OW0 of vent chitin Or of thegeorolary4ferteurer of the UMW council, ouch e vordinoy May be titledby the counON by electron of one of Ito members to th* office

SrOci 6 Any membor Of the elbel Overrate-Mt (Including the OMNIrderof end members of the UMW 000 or Noy employoe of thoN.Ifireselpoi bend of Choolow Indigos, who, dwelt* teotaor which he10 elected or oppointad, is convicted of nx felony WWI be eublect toremovel from hi* Oho by ection of the tribel Ootincil

loo 7 Any of tho Seven I?) racognOod Choclow coromunItiosrepreeented on tho frame council may prietion lor the moll of e memborIt hes Owned by Ofeliellting, ct lei:st Ws months prior to Ma expiretionof much mombera term of ranee. s petition Wooed by et Weet fort/ percent (40%1 of tho eligible votero In Mat community Within sixty (60)days Mu tribe) council shell mole to be held e opocee eloction on thoquestion of moon No council momber Orel bo recellod exopl by theeffirmstive vote of e moldy of throw voting in en elochon in which elexact seventy livo precool (71S%) of the persons eligiblo to vole ihoilhovo voted Should the moll be epprovod by the voters, erector VI,Sections I end 2, Above, ohne epply

Sec 6 The eibol council may remove council Ohm* from officefor moo by Iwo thirds (2AI) Mr/ tho council members etc mottlingsit which o quorum is present, but con methre herninote not WW1 their&Wu* fro cmincil noontide through such motion 1 tel UMW council shod

tho methods by which this romovol from offico rimy Ow carriedOut

Sec g rho OW chilt moy bo romovod from office If, cl West sixmonths Nor to the expiratioo of tio loon, e Wilton kneeing thesignoturos of et Wont forty porcent (40%) of the regletered voters inthe tribe is pr000nton to tho Ogee council Within sixty (00) (Joy* ofsuch pretrontstion, the WWI council tttl creme to he Old o spocirdreectiOn n IN question of recoil If o inajonty of those voting vote forrook ,drovistions of Meier VI, Suction I and 2, shall apply, providedthst st West seventy live percent ttriSil of the TOU1010 voters lo the tribeshell Nem voted

ANTI= VII COMMUNITY ORGANIZATIONS

Trio enrolled membere ot (he sworn (7) Choctaw comousehoe shollhove the fight to form tool community Orosnitalks* and Adopt thorown rules end repellents In hormony with this constitution end byloweIt shell ter tho duly ot the councilmon from retch community to reportregularly aN the potions sod decisions of ths Whirl council to tho cootMundy orgsnitellons

1 #)9

ANTICLI POVAINS AND MIMI OF MI TONAL COUNCIL

Sea I The leolalallye power of the MiefeellIOPI Senn of ChbotewIndiens is vosted in Mu tribet council end shell be reretolsod in so,credence with Mil constitution and bylaws ond the Constitution endLAWN Of tho United Stales applicable to Indian tribes In addition to userhietnit goy other lowful logIstotive power of the NlississiPpi Send 01Chootow Indiene, the tribal cowmen* ompowered

le) To negotisto with end to epprove or dieopprove contleote oregreements wIth redone, Stele, or locol governments, withprivet* persons, or with corporste boners

lb) To spprove or disepprove piny ale, resposition, loess Ofencumbrance ot WWI fonds, lotteries in fond, mbe fund*, orother Intent s000to

el) To estebbell piocedures for th cooduct of oil tobsidowntown end Mimeo* operetions, including rho rogutotiooof conflict of interest and nepotiom .

WI 1 o undvioe tho Sticrolmy id the Interior with region to oil0100f0Orletion witimotoe of Wien° promote for tho benefit ofthe killsoloolppi fiend of Choctew Million poor to Ono /whoseWon of such ostimoloo to the (Mice ot Memetwoont endHAW sod to Congross

To employ end pew *gel counsol, sublect In the opprovol oftha Nocrolef y of tha Ulterior so king cc Mut awn* le memitred by I edema leer

(n)

(1) To eppropooto nvoiloblo tritud rands for the Neural ol the tribeor of coy of Its communitipe

(0) To improve or Olsson( owl operating hicluats mbarsubmittal*, try Om tnibel cher!

(h) in opprove of itlespprove li ant-Alone rim ttinhtIrsleb001 ofhalet ItInds (Of Mono under the contifil Of the Who) notspetilicatly eppropristed rim eothteuett in e hteloot approvedby the ti and OOniii

(0 It/ W410110111 Mid eillOWO nuukim, cOltelstellt wutfu rIpplIcehtsi

whine ststutes nod the regulstions of the Socrolory cit thsInterior, tor the neernorimant ut Intuit Mono, including, (oil notMoiled to, tho frisking end revoCslion of essionmen* and the&position of timbre, nil, rind mongol Norourcos

To wool*, or to provide by ordwonce lor the creetion 01onowerollono, including public ofel privoto ciepordons, forany lowful purpose, which may tie rim profit of profit Mekehj,011(1 to teg01510 tire echylhee 01 000 04(lefIlistiOils by ofdenounce

(I)

(k)

(1)

iii promote end protect the Wrath, pormi, monk,whicslicel,*Id general webs* of the tribe sodas members

To borrow money lion% coy cows whetsoover without WMme to Amount, end on ouch hems rind conditions mod for suchconsideretion sod periods of time as the Whig council shelldetoranine, to use tel lode thus otratined to promo* thewelfore sod hottermont of the MO wet of its membree, tohowl treee *Meninges, or to lond money thuo borrowed

XI

(m) To estebileh end enforce onerienceo governing the COnductol tribre member*, providing tor the meintenence 01 low,order, end the odminIstrotion of lotto, reguleting wholes**,retool, cominwelel, or industrial octivitieo on Ifibre lands,establishing a tribot count, end defining thepowers end dutiosof thst court, sub)end to the epprovel of the Secretory ot theInterior where suoti epprovel ie requiredby fedurel low

(n) to estebliett e beteo deportmentol structure for thp robvigovernment executive brench

(o) To establish policies MON lo lohol economy Where Andontertmisse in eccordence with this constitution sodbylews

(el To Peso soy ordinonces end nesolutIone noceesory orincidentol to the rowels of soy of tho foregoing powers troddollop

(o) To do such sole of e governmontol sod NOW memo nu* wenot prohibited by eppliorale lewn Or by I& constitution endbylows

(r) to lovy mod collect bores god olio leV000 10 Meet 14moods of Iter tribe or to support tribie govomment opeoitione

AISTICLII IX POWINS AND QUM OF THIt CHIEF

;Ago I 1ho M41411001 of ths Mosiosippi Send rib Choclow indioneWWI hove the following exiscutivo powers sod Milers ouleoct to eflyIlmitation unpood by tho stolutrim or tho Coolitution of Ms Milord%too or by this conelitution sod bylowo

(n) To spore cs 1110 poncipol executive onion of the Mho ond seherel of the emorrative branch of the bible uoverrallent

ttrl to Ceti y out policies oirloblishol I by Me triton tmuncil

01 To nogotedis cootmote or nOtwelltetits with riderte, Mohr, titlOnoe uovenunente, onvt,la pet None, or corporate bodies codto Auteuil thrum to the tritue council tor improvet

oll to mallow', silminiotor cod direct Ma cmoretion nit Ogeeorogrome, octivitios, met services AN 10 15001110 the Whetentinug Ilm station of root poodle at toted annuolly

tel To prepare budgets, budget erdirrades, sod linoncIol reportsfor slihmlecion to or et the direction Of the tribel come II

(1) 1 o provide for Ms proper receipt, Meese( diotedsomoin, snitoccimoling of WI hods (or Node midst control of the hem)coosistom with this coostitution end hylowe And such {meow%ell ebb/ tie setettlishod by Ills MOW coluncit

(o) I o provide for the protection rind mairdereeran of theproperly, omnipotent, tend crewed mottle id Ono Initer

(In To provido for onfotoortiont of tho mete, rogulateem, meiordinenos retooled by ths helot ccrunrii

(4 to premiere/or the mpetengs of flip tribal council end to voloorgy In tlillte of c he

nBEST COPY AMIABLE

1i) 111 14.00:140 Itii 11 4;0111101141 01001111v0 110W010 an aro

riorauetatv ctr 111railisntril to tho pothentatwo of tho ltowien saidWilms ontaborn1o0 abovo, anti whivh tiro !author npocIllcollydonee', 10 Iliti tribal ittit flOrion

ARTICLI X RIGHTS OF INDIANS

llou I tho Nod cif Choctaw intoteipantj

101W014 ill 0011 uovortinaint Orel not

rat Makii or onforto any 14w prohibitifia thii 000 ontittln0 01ittlIultilt ill tibritIolliu IIto NatWest sil sposich or 01 910 pl000,01 01 1411 t0)111 01 the pooplo pont'ofitily hi 1144010kt awl tovolition for it trainees of

(n) V101410 1110 nutit of tho pooplo lo 4101110 111 111011 partition

hotinoti, Ninon; ,ustI 11110i lit 11U1111111 011104401011110 ist t h

+40,+oro nor mom Witi tonli hut upon probablo 1/411411,

401010/1011 1411b or affirms-Woo, and Webs tiltely Wins flhel0

thci Waco Iii bo ntiat (Juni still (hit pt.:pion tit thaw to Ito Niti,t

tiny 1101400 101 1110 141110 01101100 10 lies 0,101 0 lull HI

10004111Y

(11111.1110 tiny 0010011 111 any I 0)01041 tutu i fir hit it WItIlowa

iti)ii11141 WNW!

(0) 1.001 ony ittly4110 004001y kit I plhht 11,10 Witlutthit itl`31

0111110114,000

111 111111y 10 ion y111011101 Ini0.001010i 1141 thtjtit 10 a

utptituly tint oublit 1041 to tio 411000011 01 910 Itiiltitt) 0011

,111'441111 Mrs 111 t 11,44(1(111 hi liii t.t111/1011100 w111111141V/11114-111411

01,1111,41 111111 111 11141M i 001011Initry thin we, liii 01110ittuto

W111104014 111 ht; loyt11, 4101 41 1114 own milittn..0, lit bulyti 11tti

0.41141,011 0 011 intri401101 lun

(0) lhotplito tits 41,411%/ts 1111114110 Ott 411tilytt 1111411 11111141 two]

1101 011114041 11111111111111001 Mill HI 110 tiy0111 iniptitio for collo:

lion of ility 010 0140140 titly 000411Y 01 011111,11111111111 t111-011Im

11410 1111p04001110111 101 ;1 10011 ill /41x 01011110i tit it 1100 01 Vino

of both

(It) thilly to tiny lullitlitil' wittiuit iln lowish+ lion tho owllpoem bon of Iln lilytti te ilopnvo any normal of Illicitly of prohilly without duo pros:win of low

(I) Rein any Intl itt M10011101' ill tin 1)041 lilt 10 (ow

(1) 1)00y Itt ittty II040111 tli;c1I4011 01 411 01101100 I111111411;11110 by

1100010001001, IN) 00111, 0000 00100..4. It) ti 0141 Illly ill 11;11

1000 110111 NIX pransassity,

;lot Ilio falsetto* 011110 will 01 htilithilt cottuiti tititti tit) 4y01141)10It) tmy p0t401t al a cowl ot tho Iltillod Stakes. to Ituttl Ititt lottality of lietdramition by itillett 011110 MOM usual

Ii 1

BEST COPY AVAILABLE

ARTICLE XI INITIATIVI AND RIFIRENDUM

Sett 1 Ihti inottatotts of this Who foliorvit to tholiaitilvtot this IttiworIii proporio 111111 104011111011S 41111 10 01401 of t010c11110 nniito

tit Mit polio Indoporatont of tho What raitittoll, but istililoct to opprovsil 01lho Soratstary of lho Intotior tin Ittillilnitt1 by that conAtIttitIon 01111 bytawn

hts Hawaiian 01 tho It ani alto foram/ft powor til thaw own option 10 siltmum or rittoi'l ill thus pollti any all of Wit halal sttunral

Hest Itilt Wit 11OWor teflolyOst 1tY the +1101'111*N itt tho lobo In tho

InitlatIvo I hely porrault (iittots) of Itio rowhilittod when Oral twat tho14011 lit' Pollfloo IOW opOritstimismitnonin to Met I oiesthltitIon and bylaws

and to propOlio orclIncincott and riesoltillonn

I 110 tioraltsil powor lit tho soliatinsluni with It nliall liii ottlistod upon otlY thIrly Pols'elit 1:10"0) of tho I otiinlolost Vuitton

!los I Upon feralllit of Ii rewired tot till olos.tion lii Ow Item of on inWatito su toliatioduiti potalon, tho UMW i tuluit nhall, salsa 4104441111110)11011 It nulliclont ntafttior ot rowntorstd VOltstti 11401 4101401 l411011 10 101

110k1 tin ulorlIOtt on tho ijoosillon or emir/ within nnity (00) thlyti 01rot.tupt of mad p4*11111111, MovIdott, howisvol lh,st ito 01001100 011 11 i3111;11

11111101411 411101011110111 1111101 110 (0110t1 liv 1110 !Ws leanly of !Ito Intotiou

provIstod tit Aitlt,itt XIII thirty Iwo 0111 (.10%) ot Thy rotlPiterelf volo".10411 comilittact II 011111(1t1111 11011111W 01 Villtilli 111010( 0114 001,11011

4 Any MO/0040n reformat to tho Who by lho snalswyst or by too

rolotithatim nhall talut oflora told tio In lots o whom .100101041 I1 11140111

ty of tho virtual vont lit nut.11 oloction in Wtiltti tIl 10441 101 ly ;010.0111

Sot J itt ttio ovont lilly Itithitithitti 1111/tItItt11111 or 14011111111 stl 0014 (011

0111011011011d tiylawn allitll Ins Itills1 titictilittittillohat of itivriliel liy it I tnilottll

i'thilt cif I sullIttittitit tho foittranitio nofittalutni, 1041001411114*

(If stotliiiiti ft:Hilton valid tt I lot Wats 11so

kinaott

APITICLE XIII AMENDMENTS

11114 C0114111011011 t001 11y14/001 11141( 411101111101 tly it outplay volo sit

aus oil/01HW yowl% of tho tritio voting at an oloullon collod lot Itiat pufWINO lty Itto Noutotory of Ilifis Intorlor, ptovIclod Mal al Waal lofty potvont (40%) 01 Mono snaffled to volll retail voto Ill eiuttll 010011011, 10d 110sittiondmont +Weill bottoms olloctlyti until it shall Ittsvo boon approvost lly

flat floratstory of Itto InlortOf I! thall bo tho doh tut llto bottolary of IttoItitotIor to call an oltallim set any propseoul dintaidniont whon notitiwittel by ti nufficiont fitantiot of witillflott tallow an provlstod In At kitXI tit by Ow tribal t,outtral

SYLAWS OP THEMISSISSIPPI NAND OF CHOCTAW INDIANS

ARTICLE I - DUTISS OF MEAL COUNCIL OFFICERS

(101, 1 1 110 vico i hail of Illo 1111141 1011111 1411411 (00401 MO 011141 t 11101

W11011 t ittlutib upon Is u sto no by Ma clot and In this siteatitio of Hai Whitt

hail, Ito 1114 Wily told fonpomillulay lo pi onlilo ovot If itiol council

ittoolinws

(iltion) 01 1110 10U1010041 yi1010.4 114V0 I0111iit 0141101 1041 11101111110/i (0

ittonnu opprovfil of tho !lot !lastly til lho Intone nholl (lot hit tato' livo tilt

III appltivott by 111111

ltit I.' 1110 KM 10011y 1104411(01 01

till MA 111410 ltlt 01t1 01 all 0411110 110114

1111411 manna moonily, to tho

1110 011141 i.111111CII 011411 11101110 111411

01 1110 I 011111 11 Ill 1114111141(1011 1 10

sit this (ltios,tow Auont ts,

;en 11 All liwanutrel fraction( to tho lobe lin ,Ippttival ut ,1104111/101.041

Ily 111th 1011 411411 1100111 ittltl Mr 0,0010 III/ 11 I IINAt't ti hiY

KA Osborn ol tho Minneeinaa Ilona of Clisit.tow fuw,tri,

(41i ti 1040(000ml iii 40111ttlytt 001111004 lltsti1 totiftit Ai 1ts,to xl mind

nulanalful uralitt lit ovor Whit nutted by at lowil Hutto rilionnorn

who aro outman-nit of tho halo and who ties townletrint to tole in tribalolotWolin;ad covor lotto! mutt NI Inwood by Om tiponnorsi in Ilio monorail tit a

foontortui notaty Iltilulhi ;Intl tililIt W111110114 111001 tits Iditil it) atTortlauto

with a taw odtais tci tio teitatillnhott by tho WWI count II

ARTICLE XII REPthl AND SAVING CLAUSE

lair I 1ht) 1.0114111011011 4101 11001#0 01 1110 Mit0101h1001 1110111 01

V.1110.111W 11011400 apployint May 'P.? 114!, and rovintal lit Nosmirwol

11, 1 1410, 1111100 MO 010y1100114 01 1110 At t hit Jun0 111 111.141, Itt

;11110101141, In homily ropealoil uiiiit towortankul Ity Min con/dilution1 lowie ii VVhoolor Indian 111.14 Act

'd All oftliftant on oral rtasolulnatii twrittutoto t stilt soil by 1101MlniiltinlpIX 1 14101 01 C1111101W Indiatin +Wall (01110111 HI hill 100.0 Wit I tilltut

to tho ottora Oita 1110y tIfil t.010111110111 N/1111 111111 C011it111411011

xli

slation of tho nabob/it, I ontaittionts adopted, and tutitltthttihOlt pfuo4011 iiall mutate and nowise tintotnion oi tho bible lull ait II ott /41fluilf041 by tho

Not total y ill tho 11110001

+or ,1 1 Int tantolaiy 110414110f 01 1h0 111041 ctill10-11 011411 110100 hi

Ilti iitltllittt 1111 1111411 1104111 4101 M33011110 (11 04141 114111 yintil 01111 til

001.11 01101 11100ti An fogulfoil by Ilas trawl raison 11 a by tho tioratitary ofthri Whams and +shall mat and sippiovo sal slostitantintontsi of What tondos

for funtlti undor control of Itio Mho). ho +Ono Jowl MO 1111111 040 411

I 011114On nottotiolod liv Itho tribal thatt tat boliall ol tho lobo 111114010

011100N100 11011/114111 111h 1111011 110111111

1 Ilti 140I'l Mliify 110111111101 sit Ilat tribes) anti Whist-

ithhlt sitri aittl tittitiltiyotut of lint tram whit aro tonfittlitattlis (fir nolo1.11111101110 btlbltl rolilittruott, filial) 170 b1/01101) 01115 1110 1'0st III sill II 1101111

sillitil 1)0 Itt)f110 1)y 1110 111110 1110 41111)01111)11110 litinit /shall tio slistottalriost

tly Itio If Ilia! t'stlificil 1111 (1/111111 Oil lly 11111 Iltbutuittuiy 111 11111 11110101f

(lit Ii Tho tioraolisty 110111411101 111 1110 1(11141 iciullil It lty footital tut

lieu littiehi tiltrill litotasiti titter +such t,titritilltitsitit fits lilt) 00141111'11111(1 111( 11111

11111111( ilulhilul tilt tit illpllbhluy rif tut Iforittratil +natter++

1 1:2

ARTICLE II NIEETINOS

Sec I The tritest tIouncll shell hold repulse meetings on the secondTorpidity in Jemetry, April, July, end October of pitch yew Specielmeetirnoe of the tribal councel

mey be celled by the triboll chief when in hie sidgment theyore rertoweed

(b) shell be celled In the fribul chiel n1 the written request of othetet nine ((1) member* of the tribe' council or n matority of thecouncil memberehip, whichever le higher

illS buelneite of sweet meehno* eholl be linted to the milder*specified in the coil

Sec 2 A melody of the Inembere of the tribe) council eholl coo'dilute A quorum for the trensection ot coy ONO Niemen

Sec :I The MOW council in the imnduct of its business ehell begoverned by ittoberre Hulett of Order

ARTICLE III ADOPTION

This constitution end bylews, when Wooled by o melonly vOle of theenrolled members of the Missiseippl Bend of Choctaw notions voting inA %octal election celled for Met purpoie by the Secretory ol the InteriorAnd in which et Wet thirty percent (3034) of those person* entitled tovole ohaN have voted, fimN he elibrnitted to the Secretory of the Interiorfor hie Approval !he dale of such Approval shall be the effective dote ofthe coostilution end bylaws

CERTIFICATE OF MULTI' OF ELECTION

Pureuent to an election culhorixed by the Acting Deputy Commissionerof Indian Albers on October I 7, 1074, the ettoched Fir/Iced Constitu.Son and Sylows ()Mho MiesissiPpi Bumf of Choclow Indiums wee submilted to the (prettified voters of the bend end wee on December 1 7,1074, duly Adopted by e vote of 326 for, rind 237 egienst, in en seeSon in which Al least thirty percent of the I 087 entitled lo vole crudtheir boNots in accordance with Section I 0 of the IndIan fleorgeoizationAct of June 10, 1934 (40 Mel 004), es weemled by the Act of June1 5, 1 938 149 Slat 3 no

APPROVAL

thompson

Commiseloner of Indium Affiere, by virtue of the euthority grerded to theSecretory of the Interior by the Act of June t ft, 1034 140 Stet OWus emended, end delegoted to me by 230 DM I 1, dO hereby Nome,*the Fievised Constitution end Itylews of the Miseitielppi Bond of Choctaw Indite's, duly odopted by the modified voters on December iT.1074

Commiesioner of Indien AIWA

Weshington, D C

Date hlwch 20, I97 G 1 13

BEST COPY AVAILABLE xIIII

Sources and Suggested Reading forthis topic

Bertram, William Travels Mark Van Doren, d. NewYOrk: Dover Publications, 1956

Benson, Henry C LIM Among the Choctaw frxWe. Cincinnati.Swormstecit and Poe, 1860. A Methodist minister's ac-count of his life among the Choctaws in Indian Territory.

Bourne, Edward Gaylord, ed Narratives of the Career of Her.nando Di Solo 2 vols New York. 1904

Burt, Jesse and Robert B Ferguson. Indians of theSouth** St. Then and Now Abingdon Press, 1973

Collin, George Episodes from Lila Among the Indians and LastRambles Marvin C, Ross, ed UOK, 1959,

North American Indians. Reprint, 2 voleMinneapolis, Ross and Haines, 1965

R $ , The Southeraindians The Story of the CivilizedTribes Before Removal Norman, Okla , Univ ofOklohoma Press, 1964

Davis, Russell G , ond Ashabranner, Brent K The ChoctawCodm Now York Whittlonety House, I 901

Debo, Angle The Rise and fall of the Choctaw RepublicUOK, 1934

NW, Angie, r he Rise and f all of the Choctaw RepublicNorman, Okla Univ of Oklahoma Proms, 2nd od ,1961

Dunbar, Rowland and Sanders, Albert Godfroy Sanders (od .

and trims ) Mississippi Provincial Archives; FrenchDominion, 3 vols. Jackson Mississippi Department ofArchives end History, 192 t .1932. (volts 1-3)

Galloway, Patricia, "Choctaw Factionalism and Civil War,1740.1760," Journal of Mississippi History 44'4(1082).

Galloway, Pittman, Dunbar Rowland, and Sondem AlbertGodfrey (ed. and trans ) Mississippi ProvincialArchives: French Dominion, 2 vols. BatonRouge! Louiaiana State University Press. 1983. (vols. 4arid 6).

Galloway, Patricis, "'rho Barthelemy Murders: BlenvIlle'sestablishmont ot the lex talionis as a principle of Indiandiplomacy," in Proceedings of the French ColonialHistorical Society, 1982 (forthcoming).

ABLE xlv

Galloway, Patriot*, (ed.). La Salle and His Legacy: From.chmen and Indians in the Lower Mississippi Val*.Jackson; University Preas Of Mississippi, 1982.

Horsman, Reginald, The Frontier on the Formative Veers,1783.1815, New York, Halt, Rinehart and Winston,Inc,, 1070.

Hudson, Charles, The Southeastern Indians Knoxville, Univ.of Tennessee Press, 1076.

Jacobs, Wilbur R., The Appalachian Indian Frontier: ThEdmond Atkin Report and Plan of 1756 Lincoln, Neb.,Univ. of Nebraska Press, 1987. (reprint of 1954 edition)

Lewis, Anna. Chief Pushmataha, American Patriot, NewYork Exposition Press, 1959

Lincecum, Gideon. Life of Apushmataht Missisippi HistoricalSociety, 9 (1905,1906), 4164)5.

Nape, William, "The Choctaw Revolt, A Chapter in theIntercolonial Rivalry in the Old Southwerit " Diasertetion,U of illinoia, 1946.

Romans, Bernard A Concise Natural History of East and WestFlorida Vol 1 New York. Romano, '1886

Royce, Cherie* C , Indian Land Cessions in the United Suites.New York, Arno Press, 1971 (reprint of 1900 edition)

Swanton, John R The Indian Tribes of North American.Woshinglon Smithsomon Institution Press, 1952 Seebelow

Sourco moterlal for The Social and Ceremonialtile of the Choctaw Indians B A I Bulletin 103,Washington, 1931

Richard White, The Roots of Dependency, Forthcoming withUniversity of Nebraska Press, 1983 or 1084

J Leitch Wright, Jr. The Only Land They Knew NewYork The Free Press, 1981

114

BEST COPE AVAICABUE

ACKNOWLEDGEMENT

Special thanks go to the many people who helpedin so many ways to make this book a reality;especially to Skip Bridge for his assistance ingrammar and editing, Nell Rogers who helped methrough the dark days when it looked like I wouldnever get finished, Marian Isaac for her assistanceand support for twelve long months, and to a hostof secretaries and proofreaders who helped dur-ing the last minute crunch.

Special thanks to Chief Phillip Martin who caredenough and took the time to advise me on the con-tent of this book.

I also would like to thank Robert Benn for lettingme rummage around through all those old

photographs.

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