Waugh-pay-shan, the one who scalps but Non - bau - manie, the one that walks Way-cosh-ton, the frequent feast giver, Ioways. Wassau-nie, or the Medicine Club, Mauhoos Kan, White Cloud, Wo-hoompee, the broth, Tah-roh-ha, a good many deer, Wa-nau-quash-coonie, without fear, Pah-a-manie, one who walks on the snow, Pie-kan-ha-igne, the Little Star, Niayoo Manie, Walking Rain, Nautah-hoo, Burnt-wood, Pai-tansa, the White Crane. Ottoes. Noo-kee-sa-kay, strikes two, Oh-haw-kee-wano, that runs on the hills, Mauto-a Kee-pah, that meets the bear, Missourias. Eh-shaw-manie, or the one who walks laughing, Ohaw-tchee-Ke-Sakay, one who strikes Wamshe-Katou-nat, the Great Man, Tahmegrai-Soo-igne, Little Deer's dung. Missouri Sacs. Sau-kis-quoi-pee, I-atan, or Shaumanie-Cassan, or Prairie Nochewai-tasay, Wolf, Mehah-hun-jee, Second Daughter, Wawronesan, the Encircler, Kansau-tauga, the Big Kansas, She-she-quene, the Gourd, Mash-quaw-Siais, Nawai-yak-oosee, Wee-tay-main, one that goes with the rest. The assent of the Yanckton and Santie Bands of Sioux, to the foregoing Treaty is given. In testimony whereof, the Chiefs, Braves, and principal men of said Bands have hereunto signed their names and acknowledge the same, at St. Louis, this 13th October, 1830. Yancton and Santie Bands of Siouxs. Matto-Sa-Becha, the Black Bear, Tokun Ohomenee, Revolving Stone, Pd-ta sun eta womper. White Buffaloo Cha-tun-kia, Sparrow Hawk, Wm. In presence of Jno. Ruland, Secy to the Commrs. Jon. L. Bean, S. Agt. Law. Taliaferro, Ind. Agent at St. Peters. R. B. Mason, Capt. 1st Inft. G. Loomis, Capt. 1st Inft. James Peterson, Lt. & Adjt. H. B. M. 33d Regt. N. S. Harris, Lt. & Adjt. Regt. U. S. Inft. Henry Bainbridge, Lt. U. S. Army. John Gale, Surg. U. S. A. J. Archer, Lt. U. S. A. J. Daugherty, Ind. Ag. Thos. A. Davies, Lt. Inf. S. Williamson, Sub Ind. Agent. And. S. Hughes, Sub Ind. Agent. A. G. Baldwin, Lt. 3d Inf. David D. Mitchell. H. L. Donsman. Pynkoop Warner. Geo. Davenport. Wm. Hempstead. Benjamin Mills. Wm. H. Warfield, Lt. 3d Infly. Sam. R. Throokmoor. John Connelly. Amos Farror. Antoine Le Claire, Int'r of Sacks and Fox. Stephen Julian, U. S. Interp. Jacques Mette, Int. Michel Berda, Mohow Inter. S. Campbell, U. S. Interpreter. Witnesses to the signatures of the Yancton and Santie Bands of Sioux, at Fort Tecumseh, Upper Missouri, on the fourth day of September, 1830.-Wm. Gordon, James Archdale Hamilton, David D. Mitchell, Wm. Saidlau, Jacob Halsey. Witnesses present at the signing and acknowledgment of the Yanckton and Santie Deputations, Jno. Ruland, Sec'y to Comm'rs. Jon. L. Bean, Sub Ind. Ag't for Upper Missouri. Felix F. Wain, Ind. Ag't for Sacs and Foxes. John F. A. Sanford, U. S. S. Ind. Ag. William C. Heyward, U. S. Army. D. J. Royster, U. S. Inft. Samuel Kinney, U. S. A. Merewether Lewis Clarke, 6th Regt. Infantry. Jacques Mette. To the Indian names are subjoined marks. A TREATY OF PERPETUAL FRIENDSHIP, CESSION Entered into by John H. Eaton and John Coffee, for and in WHEREAS the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same, and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty :* Sept. 27, 1830. Proclamation, Feb. 24, 1831. ARTICLE I. Perpetual peace and friendship is pledged and agreed Peace and upon by and between the United States and the Mingoes, Chiefs, and friendship. Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void. ARTICLE II. The United States under a grant specially to be made by the President of the U. S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the scource of the 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 boundary of the Territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified. Country to be conveyed to Choctaws. ARTICLE III. In consideration of the provisions contained in the Country ceded several articles of this Treaty, the Choctaw nation of Indians consent to U.S. and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to remove beyond. the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes. ARTICLE IV. The Government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may * This paragraph was not ratified. Self-govern ment secured to Choctaws. U.S. to protect Choctaws, &c. Offences against citizens of U. S., &c. Offences against Choc taws. Delivery of offenders. Persons order be within their limits west, so that no Territory or State shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the U. S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian Affairs. But the Choctaws, should this Treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws, any white man who shall come into their nation, and infringe any of their national regulations. ARTICLE V. The United States are obliged to protect the Choctaws from domestic strife and from forieghn enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U. S. for defence or for wrongs committed by an enemy, on a citizen of the U. S. shall be equally binding in favour of the Choctaws, and in all cases where the Choctaws shall be called upon by a legally authorized officer of the U. S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U. S. receive in such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U. S. unless it be in self defence against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U. S. are advised thereof. ARTICLE VI. Should a Choctaw or any party of Choctaws commit acts of violence upon the person or property of a citizen of the U. S. or join any war party against any neighbouring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U. S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U. S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender. ARTICLE VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U. S. or neighbouring Tribes of Red People, shall be reffered to some authorized Agent by him to be reffered to the President of the U. S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation. ARTICLE VIII. Offenders against the laws of the U. S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U. S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States. ARTICLE IX. Any citizen of the U. S. who may be ordered from ed from the na- the Nation by the Agent and constituted authorities of the Nation and tion, &c. refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be 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 be under the care and protection of the nation. ARTICLE X. No person shall expose goods or other article for sale as a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the Congress of the U. S. under penalty of forfeiting the Articles, and the constituted authorities of the Nation shall grant no license except to such persons as reside in the Nation and are answerable to the laws of the Nation. The U. S. shall be particularly obliged to assist to prevent ardent spirits from being introduced into the Nation. ARTICLE XI. Navigable streams shall be free to the Choctaws who shall pay no higher toll or duty than citizens of the U. S. It is agreed further that the U. S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary. ARTICLE XII. All intruders shall be removed from the Choctaw Nation and kept without it. Private property to be always respected and on no occasion taken for public purposes without just compensation being made therefor to the rightfull owner. If an Indian unlawfully take or steal any property from a white man a citizen of the U. S. the offender shall be punished. And if a white man unlawfully take or steal any thing from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be given up to be tried for any offence against the laws of the U. S. if unable to employ counsel to defend 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 appointed for the Choctaws every four years, unless sooner removed by the President; and he shall be removed on petition of the constituted authorities of the Nation, the President being satisfied there is sufficient cause shown. The Agent shall fix his residence convenient to the great body of the people; and in the selection of an Agent immediately after the ratification of this Treaty, the wishes of the Choctaw Nation on the subject shall be entitled to great respect. Traders to re quire a written permit. Navigable streams, post litary posts. offices, and mi. Intruders. Theft. Agent. Choctaws come citizens of U. S. ARTICLE XIV. Each Choctaw head of a family being desirous to remain and become a citizen of the States, shall be permitted to do so, wishing to be. by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after the ratification of this Treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the priviledge of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity. ARTICLE XV. To each of the Chiefs in the Choctaw Nation (to wit) Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of four sections of land, two of which shall include and adjoin their present improvement, and the other two located where they please but on unoccupied unimproved lands, such sections shall be bounded by sectional lines, and with the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors in office there shall be paid two hundred and fifty dollars annu Reservations for chiefs. Annuities. &c. ally while they shall continue in their respective offices, except to Mushulatubbe, who as he has an annuity of one hundred and fifty dol lars for life under a former treaty, shall receive only the additional sum of one hundred dollars, while he shall continue in office as Chief; and if in addition to this the Nation shall think propper to elect an additional principal Chief of the whole to superintend and govern upon republican principles he shall receive annually for his services five hundred dollars, which allowance to the Chiefs and their successors in Pay of chiefs, office, shall continue for twenty years. At any time when in military service, and while in service by authority of the U. S. the district Chiefs under and by selection of the President shall be entitled to the pay of Majors; the other Chief under the same circumstances shall have the pay of a Lieutenant Colonel. The Speakers of the three districts, shall receive twenty-five dollars a year for four years each; and the three secretaries one to each of the Chiefs, fifty dollars each for four years. Each Captain of the Nation, the number not to exceed ninety-nine, thirty-three from each district, shall be furnished upon removing to the West, 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 each receive fifty dollars a year, for the trouble of keeping their people at order in settling; and whenever they shall be in military service by authority of the U. S. shall receive the pay of a captain. ARTICLE XVI. In waggons; and with steam boats as may be found necessary the U. S. agree to remove the Indians to their new homes at their expense and under the care of discreet and carefull persons, who will be kind and brotherly to them. They agree to furnish them with ample corn and beef, or pork for themselves and families for twelve months after reaching their new homes. It is agreed further that the U. S. will take all their cattle, at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money after their arrival at their new homes; or other cattle such as may be desired shall be furnished them, notice being given through their Agent of their wishes upon this subject before their removal that time to supply the demand may be afforded. ARTICLE XVII. The several annuities and sums secured under former Treaties to the Choctaw nation and people shall continue as though this Treaty had never been made. And it is further agreed that the U. S. in addition will pay the sum of twenty thousand dollars for twenty years, commencing after their removal to the west, of which, in the first year after their removal, ten thousand dollars shall be divided and arranged to such as may not receive reservations under this Treaty. ART. XVIII. The U. S. shall cause the lands hereby ceded to be surveyed; and surveyors may enter the Choctaw Country for that purpose, conducting themselves properly and disturbing or interrupting none of the Choctaw people. But no person is to be permitted to settle within the nation, or the lands to be sold before the Choctaws shall remove. And for the payment of the several amounts secured in this Treaty, the lands hereby ceded are to remain a fund pledged to that purpose, until the debt shall be provided for and arranged. And further it is agreed, that in the construction of this Treaty wherever well founded doubt shall arise, it shall be construed most favourably towards the Choctaws. ARTICLE XIX. The following reservations of land are hereby admitted. To Colonel David Fulsom four sections of which two shall include his present improvement, and two may be located elsewhere, on unoccupied, unimproved land. |