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ED 232 837 RC 014 255 AUTHOR Brescia, William, Ed. TITLE Choctaw Tribal Government: A New Era. INSTITUTION Mississippi Band of Choctaw Indians, Philadelphia. SPONS AGENCY Office of Elementary and Secondary Education (ED), Washington, DC. Ethnic Heritage StudiesProgram. PUB DATE 82 NOTE 115p. AVAILABLE FROMChoctaw Heritage Press, Route 7, Box 21, Philadelphia, MS 39350 ($8.50). PUB TYPE Guides - Classroom Use- Materials (For Learner) (051)

EDRS PRICE MF01/PC05 Plus Postage. DESCRIPTORS American Indian Culture; *American IndianHistory; American Indian Reservations; American Indians; American Indian Studies; Civics; CulturalBackground; Democracy; Economic Development; FamilyStructure; *Federal Indian Relationship; *Instructional Materials; Relocation; Secondary Education; *Self Determination; *Treaties; Tribes; UnitedStates History IDENTIFIERS Mississippi; *Mississippi Band of theChoctaw (Tribe); *Tribal Government ABSTRACT The first in a series of planned secondarycurriculum materials about the Mississippi Band ofChoctaw Indians, the book traces Choctaw tribal government from before seventeenthcentury contact with the French to the present day.Chapter I treats tribal government in the period before contact with the French,when Choctaw family structure and relationshipswere well defined. Chapter II discusses the course of the seventeenth andeighteenth century French alliance with the tribe. Chapter III detailsa series of United States-Choctaw treaties dating from 1786 and includingthe 1830 Treaty of Dancing Rabbit Creek which resulted inthe removal of many of the Choctaw to Oklahoma. Chapter IV describedthe tribe's "dark ages" between 1830 and the 1921 colonizationoperation of the Choctaw Agency. The chapter also describes the 1944 declarationof the Choctaw Reservation, the re-emergence of tribalgovernment and its 1975 reorganization, and thenew spirit of self-determination and economic development that exists today. Thechapter contains biographies of five tribal leaders. Appendicescontain the text of nine treaties and the revised tribal by-lawsand constitution. The book, written by tribal members and scholars, isillustrated with black-and-white photographs andmaps. (SB)

*********************************************************************** Reproductions supplied by EDRS are the bestthat can be made from the original document. *********************************************************k************* CHOCTAW TRIBALGOVERNMENT

.4) A New Era JUN 1033 3 RECEIVE ERIC/CRESS t 1494 '41-P

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1511 OrU S. DEPARTMENT OF EDUCATION i NATIONAL INSTITUTE OF EDUCATION

. EDU ATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as received from the person or organization originating it. LI Minor changes have been made to improve reproduction quality.

Points of view or opinions stated in this document do not necessarily represent official NIE position or policy. qi 2 BEST COPY AVAILABLE3 Cover: detail map of 1 733 by Baron de Crenay. Reprinted by permission Les Archives de France.

BEST COPY AVAILABLE TRIBAL GOVERNMENT A New Era

Edited by William Brescia

Published by Choctaw Heritage Press, MISSISSIPPI BAND OF CHOCTAWINDIANS 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'sown life, if necessary, to foster life itself.

Jeremy Rifkin ENTROPY: A New World View

6 Table of Contents

Introduction 1

CHAPTER 1 4 Precontact by Kennith York

CHAPTER 2 8 French-Choctaw Contact, 1680's to 1763 by Patricia Galloway

CHAPTER 3 14 Treaties and the Choctaw People by Sam Wells

CHAPTER 4 19 A New Era by Benjamin Strout

Appendix 1 Treaties between Choctaw Nation and United States of America

Appendix 2 X Mississippi Band of Choctaw Indians Constitution and Bylaws INTRODUCTION

This book is a lapd mark for the Mississippi Band of Choctaw Indians, as it is the first in aseries of curriculum materials that are planned for development over the next three years. This series will fill a void that has existed for too long in secondarymaterials about the tribe. While none 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 and to local libraries concerning the Choctaw mainly reflects the lack of knowledge most Mississippians haveconcerning the tribe. The vast majority of those requests ask only for information about the tribe longago or about arts and crafts. While both of those categories are reasonable and things we wish to respond to, the overwhelming need for the people of Mississippi simply to knowthat a tribal government exists in their state made the first project choice necessary. If it were obvious it should have beeneasy.

Each chapter of this book was commissioned to a different author. Ken York, a tribal member and scholar,has done several papers on the Choctaw language and precontact era. His bibliography of Choctaw materials is invaluable and is availableat the Choctaw Museum. Patricia Galloway, of the Mississippi Department of Archives and History is the foremost authorityon the French in Mississippi; she serves on the Choctaw Heritage Council and has written several publications concerning Choctaw-French Contact. SamWells, from the University of Southern Mississippi, has worked with the tribe as an advisoron We Are Choctaw, a recent publication of the tribe. His research has focused on tribal relations with the United States. Benjamin Strout is a professional writer fromBloomington, Indiana. He has worked in the area of curriculum writing for many years. He has also served as a script consultanton major motion pictures. He spent a great 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 makeavailable to tribal members and the general public information that has to date been available only to those with the time andresources to do the necessary research, Much work remains to be done. I hope that the reader will treat this work kindly and find itan inspiration to pursue more information.

William Brescia

1 This book was developed by the Ethnic Heritage Staff of the MISSISSIPPI BAND OFCHOCTAW INDIANS Tribal Chief Director, Choctaw Department of Phillip Martin Education Carolyn Collins

Chairperson, Education Committee Director, Ethnic Heritage Program Luke Jimmie Bill Brescia Ethnic Heritage Advisory Committee Ruby Thomas Nancy Brown Jim Baker Robert Ferguson Willa Bell John Peterson Annette Comby Raenell Hockett

FOR FURTHER INFORMATIONCONTACT: Choctaw Heritage Museum Mississippi Band of Choctaw Indians Route 7, Box 21 Philadelphia, MS 39350 (601) 656-5251

2 P ro I og u e :

To understand how any Nation governs its members has been a topic of interest for politicians, lawyers, Ai PA, 1 rp historians, and political scientists. However, practically A, A 4 A al. A 0. 4 little information exists on how the American Indian v. V Iv governed members of their nations, tribes, towns, and v4411OP NV * villages. There is no concise history of the Choctaw TribalGovernment, includingthe pre-historical, historical and contemporary political, social, educational and economic systems. The purpose of this book is 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 government met the needs of its members prior to European 4eg V 8, contact is that no recorded history was made. Oral V ..,x. 4 ,14114 history and archaeological reports provides some in- I.'. p 4 sights. However, little research has been performed in 1r IP4 .,/ Pr the area of Choctaw archaeology to provide conclusive ,.. data. Most information is found in documents left by the 'tar, N." Spanish, French and English explorers, priests and . government officials. Later, as the expansion of the United States occurred, American ethnologists and an- thropologists reported on American Indians, including the Choctaw Indians. Perhaps the largest collection of data available on Choctaw Indians pertains to the treaty period. Informa- tion on the Choctaw and federal government relationship should be important to the student of Indian history because the Choctaw Nation was viewed by the United

States Government as one of the most progressive Choctaw Silver work. groups of Indian people. Most of the well-known Reprinted by permission MUSEUM OF THE AMERICAN INDIAN Choctaw leaders came from this critical period of Choctaw history.

10 3 BEST COPY MILANI CHAPTER 1 Precontact

DEMOCRATIC OR AUTOCRATIC as the elements .. .. (Father Charlevoix, 1721. wrote, "By the Next Morning after the Treaty of 1830 it may be impossible to completely reconstruct how p. / 31.) was signed, the Choctaw Nation in Mississippi was no more." the Choctaws governed themselves prior to European Many historians indicate that the Choctaw Indians did contact.However, there are indications that the manage to benefit from the series of treaties and ex- Tishomiko were other leading men inthe Choctaw Nation consisted of small confederacies, change to property, but they neglect to mention those Choctaw Nation. They were assistants to the towns and villages with each unit having a distinguished Choctaws who refused forced removal. The feelings of miko. They served as spokesman for the miko, leader, or leaders. Each village or town was considered those Choctaw who stayed on their ancestral lands arranged ceremonies, and genera/1i assisted separate with its own government and distinguishable were captured by Judge James P. Coleman when he their chosen leaders in the performance of their boundaries.Inthis sense, the Choctaws had a duties. (Hodgson, 1823, pp. 278-279). democratic type of government structure. Not one, but, perhaps, several distinguished leaders of villages or towns made up the Council. The following description indicates how a typical Southeastern Indian governmental leadership structure may have been:

... The Supreme, sovereign or executive power resides in a council of elderly chiefs, warriors and others, respectable for wisdom, valor and virtue (perhaps, thus including women). Minko was the head of the Council. He had the power and perogative of calling a council to deliberate on peace and war, or all public concerns, as inquir- ing into, and deciding upon complaints and differences, but he had not the least shadow of exclusive executive power. The war chief was the next man in order of dignity and power. He represented and axe oised the dignity of the Minko, in his absence in council. His voice was the greatest weight in military affairs. His power and authority are entirely independent of the Minko, though when a Minko went on an expedition, he headed the army of warriors, and was, therefore, the war chief. They were elderly men, who in their youthful days had distinguished themselves in war by valor, subtili- ty, and intrepidity. The high priest lived in every town. He presided over spiritual affairs. As a person of consequence, he maintained and exercised great in- Eagle Dance of the Choctaw by George Catlin 1834, Catlin drew fluence in the State, particularly In military affairs. several pictures of the Choctaw. The Eagle Dance was one of many The council never determine on an expedition dances performed before a council would take place. Reprinted by per- against their enemy without his counsel and mission NATIONAL MUSEUM OF AMERICAN ART (formerly National assistance. People believed he had communion Collection of Fine Arts), Smithsonian Institution; (Gist) of Mrs. Sarah Harrison. with powerful invisible spirits, who had a share in the rule and government of human affairs, as well 12 BEST COPY AVAILABLE 4 /3 The old men, women, youth and children completed the governmental structure. There are also Indications that villages and town may have been further divided Into white (peace) and red Crow Type (war) towns or villages, The significance of these towns or villages is not certain, but they may have had to do (Same system as Choctaw) with 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, a physician and naturalist, who lived with the Choctaws, gave the following description: "In milwinter the fields were prepared for spring planting. After the crops had been planted in the spring and were growing wall,the Choctaw dispersed to various streams and lakes, living on fish, ;wiles and fruits until time for the Green CornDoneeinearlysummer,Afterthe ceremony, they returned to the streams and laks and remained until time for harosting corn in the fall. When the corn had been harvested and stored, the mon went off on their regular fall and early winter hunt, and the women, children, and old people searched the woods for nuts and atitumnal fruits. By midwinter ail had returned and the cycle began again with preparation of the fields for spring planting." (Lincecum, 10) The Choctowd villages or towns were highly organized with Its own division of labor Uncecum describes the economic activities of a typical Choctaw village: "Men hunted the major game animals and boys hunted the smaller animals, Men hunted with the bow and arrow, while the boys used the blowgun in addition io the bow and arrow. Fishing was done by both men and boys, and boys collected A Male mussels. Sometimes girls assisted boys in hut,- father ting small game, fishing, and collecting mussels. 0 Fernald FS on father's sisters Br am brother Women, old people, and smeller children did Ego Male most of the food gathering. Honey was collected Sis sister by men, Men, women, and children all par-

ticipatedinhorticulturalwork,Cooking. , ,(women did the) as well as preserving and stor- ing foods derived from plants." (Lincecum 19048, p. 521-542.) Evidence suggests that the Choctaws had a Crow type of kinship system, Fred Eggan, an anthropologist, Chart I found that though the Choctaw originally had a Crow 15 14 5 bal.* of kinship system, there hed been definite changes through intensive outside influences over ttle past three centuries. (Egon, 1937, p. 41) Within the old kinship system relatives are organized into four clans:

1. One's own Matrilineal clan 2. One's father's clen 3.One's mother's father's clan 4.One's father's father's Oen Relatives are classified on a "lineage" principle. In the father's matrilineal lineage (and clan), for example, all men are "fathers," their wives "mothers" or "step. mothers," their children. "brothers" and "sisters," all women 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 indicatea close ielationship. There is a strong probability thatthe Chickasaw and Choctaw were once one tribe, There was no "northern" province of the Choctaw Nation, but only the southern, central, eastern and western. These divisions would change as we will see later.The Chickasaw Inhabited the area which would have reasonably been a northern Choctaw district, in addition, there iNanih Waiyah, the sacred mother mound of the tribe. The fortified moundgroup clustered around the high mound; Nonih Waiyah stoodbetween the traditional Choctaw and Chickasawcountry. When the Chickasaw were part of the main body,the location Nonth %with so d appeared oarke In lh twanItoth conlyty RophrtIod of Nanih Waiyah would have been at thecenter of the by pormisolon Misolonippi Dopwlmonl of Archivolt oond Hiolory nation where it would be safest. The Choctaws were said to be the fastestrunners of all southern Indians, able to out distancean enemy either in pursuit or In flight Theywere also excellent our firm friend tied Shoes, is compounded of "The Chief, Homestubbee, also had lighters and hunters.Adair dftcribe the "war names" Shulush.. door skin shoes, Humme, red Asht a PIP.. It Os follows: was given by Simpson Tubby's great, grand. father, Mashulatubbi, fo his grandfather, Aliktub. "They crown a warrior,who haskilled a They give their children names, expressive of bi, and than passed to his (father) Lewis Tubby." distinguished enemy. and Abi is their constant their tempera, outward appearances, and other (Swanton, 1931, pp. 127, 131) war.period, signifying by their rhetorical figure various circumstances: a male child they will call The Choctaws practiced headflattining. This "one who kills another". The followingis a Chula, the fox; and a female,liskohle,the custom specimen; one Initiating in war.titles, ls called blossom, or flower, The father and mother ol the and the Choctaw "Scaffold burial" for their deadis "Tannap Abl", 'a killer of the enemy': he who kills (ormer are called Chula MK and Chula Ishtar, the often mentioned by early writers, A cry for the dead was also practiced by the Choctaw. This occurred after oerson carrying a kettle, is crowned Asonsk father and mother of the fox." (Adair, 1930.PP. At)! Tasks; the first word signifiesa kettle, and 199; 201) the flesh of the body had boon removed from thebones the last a warrior. Shulush Numme Ashit MN, the by the bone gatherer. Abi Is preserved in the modern Choctaw names name of the late Chocteh (sic) great war leader. as According to Campbell, the Choctaws also believed Tubby Swanton illustrotes how the change look place In a dual afterworld A compote!e version symbolizes the following picture. BEsT copyAMC16 8 17 The Choctaw government of the past was complex with an integration of state and religious principles in tertwined closely. The rekttionship of civic, political, economic and reHalous loaderS was ono of mutual agreement. The Choctaws practiced a democratic, representative government, as shown by the council concept. The extended family structure indicates a matrilineal mphasis, but the process of leadership selection, or lection, 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 exclusive executive power, but that as a collective unit, the coun- cils were in proxy authority, The ultimate authority was in the hands of the people, a forerunner of the basic precepts of American democracy The agricultural practice of individual family garden plots further sup- ports the theory of a democratic sodety. The concerns of the Choctaw government in pre . historicalpastisnotcompletelyreconstructed; however, continuing inquiry into past Choctaw govern. ment should enhance this small beginning

4,14

Cog Iv 01 Roy Simpson Tubby's FAMY STRUOOLES, a loarcoly roNgious book Ab Out fus hlo and tho vonthhon of tho OSA Only i low 000los of thr ontAnot vnumsiH okisl ARI Y 1.014U0O4r$ huh ronontly boon roonnlod

"Each Choctaw Is blived to have two souls that surviv his dath. One of ths is the Shilup,en outsid shadow which in life always follows him, and aft r death remains in the vicinity to frighten his survivors by moaning at night or by assuming the form of a fox or an owl, uttering cries which are interpreted as bad omens. The scond soul is th Shltomblah, and Insid shadow or spirit, which at death goes to the aftr. world." (Campbell, 1959, p, 149) is Chapter 2

French-Choctaw Contact, 1680s to 1763

AFTEREFFECTS OF THE LA SALLE EXPLORATION, 1682-1700

The first French exploration party to penetrate deeply into the southeast was the one led by La Salle down the Mississippi River in 1682. The records of that explora- tionshowthattheFrenchmenmet Ouapaws, Chickasaws, Natchez, and Coroas, but there isno mention of Choctaws. In many ways, however, thisex- pedition was fated to focus European attention on the Choctaw. First and most directly, the expedition led to the establishment of a trading post on the Arkansas River among the Ouapaws in 1686. The post was established by Henri de Tonti, La Salle's right hand man. This post, as a follow-up to La Salle's exploration, scared the English colonists of the Carolinas and Virginia, who realized that the French were determined to colonize the Mississippi Valley, thereby blocking the westward push of British colonists. THE COURSE OF THE FRENCH ALLIANCE, 1702-1720 By the time the French were ready to make a serious attempt at colonization on the Guff Coast, the Choctaw had lost more than eight hundred people to British slave raids, not counting those who were killed in defending their villages. The French, led by lberville, landedon the Mississippi Guff Coast in 1699 among the Biloxis and Pascagoulas. Information given by these coastal tribes soon made the French aware of the size and power of the Choctaw Nation, as well as its predica- ment at the hands of slave raiders. In 1702, a small

French settlement had been estabished on the coast DE SOTO DISCOVERING THE MISSISSIPPI by Alexander Alaux , This near Ocean Springs. The French were preparing to painting currentlyhengs in the Old Capital Building in Jackson, make a larger settlement at the north end of Mobile MississiPgi. Though weicomed with open arms by the tribes of the Bay, and Tonti was summoned south by lberville to Southeast, Do Soto returned their kindness with demands for wealth and women. He was later unceremoniously kicked out of Choctaw serve as his ambassador to the Choctaws and counties after several bathes with the tribe and its allies. Reprinted by Chickasaws. permission Mississippi Department of Archives and History. The Choctaws had had time to weigh the advantages 19 of an alliance with this new group of Europeans. These BEST COPY AVAILABLE 8 20 Europeans had shown no interest in Choctaw lands. changed gifts with each other, and in the end these by these men as gifts to other Choctaws.' In thisway, They offered a trade that would provide them with the gifts worked out to a roughly equal value. The French, the French tried to build a system of ranks among their guns they needed to defend themselves against the on the other hand, made an actual distinction between friends, honoring one man as supreme chief of thena- slave raids. Tonti had hopes of securing an alliance with gifts and trade. The trade was strictly regulated: so tion. Three or four men were honoredas "medal the Chickasaws and expelling the British traders from many deerskins for a gun or a shirt. The gifts, which chiefs"; because they were given large silver medals to their villages. were given out by the French to certain Choctaw men wear, they were called "medal chiefs". Finally the As the small French colony struggled to implant itself whose political influence they wanted to win over, were village chiefs and "honored men" (probably oldermen around Mobile Bay and the Mississippi coast, early meant to build French influence by being used to turn who served as advisors to the chiefs) received giftsac- crops attempted by the colonists failed frequently. cording to their ranks. When supplies from France ran short, the French depended upon the considerable farming and hunting skills of the Choctaws for food. For this, the French traded firearms and other goods. Sometimes things were so bad with the French colony that some of its people would be sent out to live among the colony's Indian allies, which included the Choctaw. Although the new French trade held many benefits for the Choctaws, it also had its perils. Greatest among these was European disease. The Choctaws had never encounteredEuropeandiseaseslike smallpox, cholera, plague, or typhoid, so they had no natural im- munity to any of them. Whenever such a disease broke out among their European neighbors, it was likely to spread in epidemic proportions among the Indians. So although at the time of French contact the Choctaw probably numbered more than twenty thousand, disease brought that number down to fifteen thousand within ten or fifteen years. The alliancewiththe French also altered the Choctaws'politicalrelationshipswithneighboring tribes. The evidence of archaeology, together with what is said in the earliest documents about the reputation of the Choctaw as seen by other tribes, suggests that those tribes considered the Choctaw to be an important and sometimes fearsome tribe, one to which it was a good idea to stay on good terms. When the English and then later the French came, these patterns of friendship,alliance, and enmity shifted. It is likely, for example, that since the Natchez were early allies of the French as well, a better relationship between the Natchez and the Choctaw developed for a time. Certainly the coastal and Mobile Bay tribes became even more closely linked with the Choctaw for the same reason. On the other side of the coin, when the Chickasaw were unwilling in the end to give up the British trade, a certain amount of antagonism began to develop between them and the Choctaw. Things were not the same in intertribal relationships after the arrival of these two strange groups of whites. Both Frenchmen and Choctaw knew perfectly well that alliances rested upon exchange of goods and services that were seen to be profitable by both sides. But, there were differences in the two groups' ideas of PUTS OUT AND KILLS, FIRST CHIEF by Gaorge Catlin 1836. A medal what these exchanges meant. To the Choctaws, there chief. NATIONAL MUSEUM OF AMERICAN ART (formerly National Col- 22 lection of Fine Ads), Smithsonian Institution. was really no "trade". The two parties to an alliance ex-

21 9 BEST COPY AVAILABLE During the early years of the French colony,colonists Natchez. But, there were undeniable benefits that the so the French had to turn to their Choctawallies for numbered only a few hundred. Theywere concen- Natchez could derive from the closeness of a French help in punishing the Natchez in1730-1731. During trated on the Mississippi Sound coast and at theupper settlement, so that it was not until 1729, under the op- the year of the Natchez rebellion, GovernorPerier, who and lower ends of Mobile Bay. The Frenchcolony was pression from a particularly greedy post commander, weak during this period, so much so that had replaced Bienville in 1723,had sent a young of- as a money- that the Natchez staged a major revolt. Alsmost all of ficer, Regis du Roullet, to make making proposition, it was a complete failure.Because the French men in the settlement were killed, while a study for the establishmentofa government-controlled of this weakness, the French were franklydependent their wives, children and black slaves trading were taken house in the Choctaw nation. Regis andanother officer upon the Choctaw for help and sometimes formere sur- prisoner by the Natchez. A few days later the Yazoos, explored a good deal of theChoctaw homeland. vival. Yet the policies followed by the Frenchgovernor, who had conspired with the Natchez, also revolted and Cadillac, which amounted to milking the colony of Ultimately Regis established his tradingpost in the every killed the men at Fort St. Pierre. Clearly, whatevermay southernmost Choctaw townof Yowani onthe penny it could yield, made trading terms withthe have been the justification for the Natchez and Yazoo Chickasawhay River because itwas handy to both French less and less favorable. Hecame close to los- revolts, the French felt they had to punish these tribes Mobile by land and New Orleans byriver. But, the other ing most of the colony's Indian allies, includingthe or lose face with the rest of their Indian allies. Choctaws, to an aggressive English trading policy. important thing for Choctaw history thatcame out of But, the French colony was certainly not as well-sup- this exploration was the first The Choctaw-French alliancewas saved by the attempt at a comprehen- plied with soldiers as the Natchez and their allieswere, sive mapping of the Choctaw towns, the greediness ofthe British traders, which ledto the out- famous 1733 break of the Yamassee War and the downfallof the British traders in 1715-1717. The YamasseeWar was really a full-fledged and widespread uprisingagainst the English, especially among their closer Indianneighbors tit f - to the east. In addition, the French colony'soperation tu was taken over by John Law and the Company of the West. Then, in 1717 the seasoned Indian diplomatist 16, Bienville was commissioned asgovernor. Bienville pro- ceeded to capitalize upon the results ofthe Yamassee War by establishing several mew Frenchposts: Fort f Toulouse of the Alabamas at the site ofpresent-day *Sac Illr , Montgomery, Alabama, on the invitation of thenew Alabama Indian allies; Fort St. Pierre of the Yazoosnear tsi f modern Vicksburg, where it could protect Mississippi r?irM-441r4= River shipping; and Fort Roasalie of the Natchezon the Natchez Bluffs, built by the Natchez themselves,as an VP* tf, t 44,4* apology for their reception of the English.As yet, *. however, no trade house or outpostwas placed among the Choctaw except for the small stocks of itinerant , rit Sok Salk ut, traders that were kept in some villages. la 4,

THE FRENCH ALLIANCE AND CLIENT WARFARE, 1720-1740

Under John Law the population of the Louisianacol- ony was increased rapidly as hundreds of settlerswere sent over from France during the 1719-1722period. Yet still there was no pressure on theChoctaw lands of east central Mississippi, for the center ofthe colony had shifted west when Bienville designated Biloxi as Map of Louisiana drawn by Baron de Crenay in 1733. the main port of entry for the Shows the new colonists. As New French settlements and the territory claimed byeach of the several Orleans began to be built on the Mississippi,even the Indian nations in the lower Mississippi Valley. (seecover for detail of 23 capital was shifted from Mobile to thenew city. With Choctaw Nation). Reprinted by permission Les Archives deFrance. this shift, most settlement pressure was exertedon the BEST ,COPY AVAILABLE 1 0 ,9 4 Map made on the basis of Regis' and de Luster's BlenvilWs failure at Acids meant that he had to mount Bienville's second Chickasaw war of 1739-1740 roped* by the commondant at Mobile, the Baron de another expedition to assert French supremacy in the was a failure from the start. Soldiers who were not Cranny. This map would remain the best source for the area and to remove the Chickasaw threat to MississipPi already sick from the voyage from France fell illon the Wagon of the Choctaw towns until the later remapping River traffic. This expedition was to include massive way up the Mississippi River. The French found that it in 1772 bv Bernard Romans. numbers of French troops sent to Louisiana specifically was impossible to transport artillery and supplies Atter the Natchez wars, the French realized that for this purpose. While preparations were taking place, through the swamps of the Yazoo Basin to (each the although they had driven the Natchez from their homes, however, two Choctaws, a man and his wife,were Chickasaws, and the "war" ended in a half-hearted and they had by no means destroyed the tribe. Instead, its murdered by two young men from Mobile. The face-saving peace negotiated after a single attack survivors fled to the Chickasaws of north Mississippi, Choctaw asked that justice be done. Bienville, realizing made by a Canadian contingent and its Indianallies. who had never coMpletety given up alligiance to the the risk of losing Choctaw allies, saw that theyoung Bienville had failed, and for that he was recalled to English and had probably been involved in the Natchez- men were tried and executed in front of Choctaw France. Louisiana lost its wisest Indian diplomatist. Yazoo conspiracy. In spite of the fact that it did witnesses, thus establishing a precedent for nue! ultimately fail. Governor Perier was blamed-probably justice for Indian allies. with justice-for having allowed such an uprising to take place at all Once more Bienvilie returned to take over as governor. His job-to destroy the Natzhez once and for all and to subdue the Chickasaw and force them to give up their alliance with the English.. .)4 As a start, Bienville, encouraged the Choctaw to Xrsviims, make raids on the Chickasaw and paid bounty for each Chickasaw killed, in hopes that this tactic would force A04/1". ,d14A.m 1414, rows .8. the Chickasaws to hand over the Natchez living among them and to trade only with the French. It soon became fri,..474141a4. apparent that this plan would not work. It would, ( 14, 41/07,. real therefore, be necessary to undertake a major war AlrolPV.A. against the Chickasaw, which Bienville did in 1736. He and his Choctaw allies came up the Tombigbee River ON* 644* SeA terfr' with the intention of attacking the Chickasaw from the Vi south while a party of Frenchmen, with their Illinois 14. aeork. lean ter; dr p ":04.,/ Indian allies, attacked from the north. But, just as with 4 4. rat.,t11011Awd. the missed timing of the Natchez-Yazoo uprising, the 4. 7. (9414..0 swat E 4..:+? northern group attacked too soon, and many of the 14.: Frenchmen in the party were captured and killed by the 4.44 464.4. Chickasaws. Their English military advisors found the tf.:121.14, 14. 4... AVIV can*lign plans in the French commander's pocket, "peer 040410000 and when the French and Choctaws attacked several *:;..4".N. j:. of .1," .1444'.' Vre, tr: days later, the Chickasaws were ready for them, and . "..00. .t.-k-04-;./4474. tek*, ''''4..16 .4, 4 444 thus, Bienville lost the famous battle of Ackia in the 40..4 S. . /**4 vicinity of modern Tupelo, Mississippi. ...,24. I 6.0 14447 4 It" I. Zr....:P.T44**01.;,.. Hie Choctaw allies had acquitted themselves well, 1.1 2 7: ' 4 . .t :4" " 71 L. I a 'Z4 L.! 1 4,4 .42 .01.* mo 6 k...... 47,C. however, and in this war, a young Choctaw chief began A ...... A.14*.r. 1.41411 AS, °J.,... 1., 4 4. 4...... *4 ... *. 4...... -* .Ik ..01. to make a name for himself. It was by his war exploits ,41* - .^ e...... :° ,.,viii!-, 4#4.,1.,e 80,4444 _..az that Soulouche Oumastabe*-Soulier Rouge to the f...: .i.t. *. ....V. ''''4. .1.*,e's 4. r r.44. ; * '4." ...**"'I. .,...'-' French and Red Shoes to the English-earned the * .., i1 1.....-,... _*r_.' ...... , -4.. ...1 ..- ,:. - _ _-:"..0, v- , ri,.. 4 111 French medal that made it poesibie for him to begin to "..V .4.4W , -4 ...... N.14. . 6. 4 ..,..- .. build a power base within the tribe. Alibamon Ming04 a I $ .. 104 Iggt11.4.4. V .... 1 I...... '-; ..*isit. Z". tt i.*-Vot.i;4; . '''' also played a prominent part in the Natchez wars and received a French medal. These two men were even- A drawing of the location of Me Acids, Chukafloya, and Apeony villages. showing tually to become the moat influential leaders of the French attack routes (1736{. Reprinted by permission of Les Archives do France. tribe. 26 cv 25 BEST COPi AV THE CHOCTAW CIVIL WAR, 1747-1750

From 1740-1744 thesituation remained rather himself or his family in jeopardy within the nation. Sc, at uneasily the same as it had, Bienville was replaced by first the Choctaw responded by killing Chickasaws and the Marquis de Vaudreuil. In 1744, however, another Englishmen, the common enemies of Frenchmen and war broke out in Europe, with French and Great Britain Choctaw. DUREAU OF AMERICAN ETHNOLODY SULLETIN $1 PLATE on opposite sides. The success of English sea power The French did not understand this principle, and in this war meant that soon it became impossible for the continued to insist that the guilty men or the chiefs who French in Louisiana to obtain the trade goods that the had ordered the murder should be killed by the Choc- Choctaw wanted. This was a crucial issue, because taw themselves. To encourage their allies, the French among the Choctaw a whole generation had had time to threatened to withhold the trade merchandise that the grow up using guns instead of bows and arrows, cloth Choctaw needed. Their allies, however, no longer in- instead of skins, and brass cooking pots instead of cluded the whole of the Choctaw tribe. Soulouche native pottery. The Choctaw had become used to a Oumastabe had cleverly used presents and profits from steady supply of European trade goods. So it was that both French and English to build a party for himself during the middle 1740s Alibamon Mingo joined within the nation, predominantly located in the Western Soulouche Oumastabe in inviting English traders into Division towns, and this party had followed Soulouche the nation. Oumastabe in going over entirely to the English. By the This move was strongly resented by the French, same token, Alibamon Mingo had built a similar faction although the Choctaw intention seems to have been in the Eastern Division, and this faction remained loyal merely to take a neutral course, as the Alabamas had to the French. Both factions killed French and English done an along. It was obvious to any practical-minded men respectively to satisfy their European allies. Such Choctaw that he would be foolish to break entirely with proxy murders went on back and forth for many months the French, and that he could also enjoy more material until finally a Choctaw escort of one of the English comforts if he maintained a trade with the English. The trading convoys was killed by accident. French, of course, did not see it that way, and they Now there was cause for the intratribal retaliation feared what might happen to their powerful Choctaw mechanism to come into play. As the Choctaw were alliance. now divided in their allegiances and pressured by their The precise circumstances of what happened next European allies. The reasons why this single death will probably never be known, but for various reasons, escalated rapidly into civil war are complex, but the inclucfing some undue attentions paid to Soulouche main outlines are clear. In spite of the fact that thepro- Oumastabe's wife, a young officer from Tombecbe fort Britishfaction enjoyed numerical superiority,the and two traders who lived in the nation were killed. This English line of supply was too long and it was difficult to happened apparently at the command of Soulouche provide the war materials they needed. In the end, the Oumastabe but also with the cooperation of the two proximity of the French to their allies told in their favor. chiefs in whose villages the traders were located. No More than 800 Choctaws were killed, and the six one had forgotten that in 1738, the two young French- towns Division was savagely split apart, before the war men had murdered two Choctaws and had been ex- ended in 1750 with a treaty that provided for a more THE OLD CHOCTAW COUNTRY. MISSISSIPPI ecuted for it, so to the French it seemed eminently regular settlement of murders between French and reasonable that they shoal demand the same kind of Choctaw. justice from the Choctaw. But the Choctaw had no There is no-doubt, however, that the social structure courts or official executioners; when a murder oc- of the Choctaw nation was seriously damaged bya civil curreduithin the nation, the family of the victim were war that not only pitted Division against Division but entitled to expect that the murderer would present perhaps also moiety against moiety. There is a good Towns belonging to the Central, Eastern, Southern, and Western divi. himself for execution. To do otherwise was a disgrace reason to suspect that the Choctaw tribe itself was a sions of the nation, respectively. The dotted lines indicate the bound- to one'sfamily and unthinkable.Everything thus confederacy of different ethnic groups like that of the aries between the three latter divisions in the early part of the nine- balanced out equally, and everyone understood that Creeks. They could have bonded themselves into teenth century. This map ..fronT Swantons CHOCTAW SOCIAL AND a CEREMONIAL UFE represents only a fraction of the land base of the this was what would happen. But, in this case, though it powerful group by ruling that members of the one Choctaw nation. was an ally whose men had been murdered, any Choc- moiety must marry members of the other, and that the taw who tried to avenge the murders would then put children would belong to the moiety of their mother. In

BEST COPYAVAILABLE 12 this way the moieties would become distributed throughout the villages. This is what seems to have been the case with the Choctaw, since we know that Soulouche Oumastabe and his supporters of the West belonged to the opposite moiety to Alibamon Mingo and his Eastern allies. If this is true, then the unique culture that the Choctaw created out of the blending of two moundbuilding Mississippian cultures lost an important part of its cohesiveness in this civil war, and the Choc- taw, who up until the war had notably resisted any serious adoption of European custom, were much more culturally vulnerable in its aftermath.

POSTSCRIPT: 1750-1763 The years following the Choctaw civil war were quiet ones for the tribe. During this period, also, French and British clashes shifted further east, as the French won many Creeks to their side in the 1. ears leading up to the French and Indian War and had even won over some Cherokees by the time that war got well underway. At its conclusion with the Treaty of Paris of 1763, the French handed over their lands east of the Mississippi River to the British, and just two decades later the British succumbed to the Americans, leaving the Choctaw to make more difficult cultural adjustments.

French Spelling

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

1 3 Chapter 3 During treaty talks the three Choctaw tribal divisions, In the 18th and 19th centuries, treatieswere usually the Upper Towns, Six Towns and Lower Towns, each negotiated following a change (in the nationallyof the were represented by a minko (leader). Although some Europeans claiming Indian territory.) Although Spain Treaties and the Choctaw treaties were signed by them all at times, they made had the earliest of these claims to Choctawlands, later treaties individually with the Europeans. The Europeans explorations gave the French controlover the area. People carefully sought out tribesmen within the divisions who After France had been defeated by Englandin the were sympathetic to them. Since presents and trade French and Indian War in 1763, Spain receivedthe goods often were distributed through these selected From the moment of their first contact with European Louisiana territory by treaty with France, and laterin explorers, American Indians encountereda puzzling ar- representatives, they soon became powerful and more 1780, during the American Revolution, seized Florida influential within their group. ray of laws and diplomatic maneuverings foreign to their from Great Britain. The United States obtainedclaim to normal way of dealing with each other. After the arrival of the Europeans, the Choctaw nation had to interact fromtimetotimewithSpaniards,Frenchmen, Englishmen, and eventually the Americans of the United States. One of the most confusing of the white man's ways was the use of written documents which were impressive to people who had not yet developed a written alphabet. These "talking papers" could preserve a man's words for years without mistakeor omission. The Choctaw, on the other hand, had relied on tribal members to repeat legends as wellas agreements with their neighbors. Although the Indians had accurate recall ot events occuring around them, their memory could not match the written wordover a span of time. The Choctaw were especially in awe of written documents such as treaties which outlined the bounderies of their territory or specified obligations and agreements between them and the white men. Before meeting the Europeans the tribes probably made verbal promises when trading or negotiating with each other. Such understandings had to be reinforcedor renegotiated in order to remain in force and this continual redefining also must have allowed minor changes tooc- cur. European settlers, however, believed that treaties were necessary in order to satisfy their cultural laws as wellastheirconsciences.Theyalsoneeded documents to back claims upon Indian land against other European countries. These treaties coveredar- rangementsfortradingaswellasboundary agreements. The Europeans traded manufactured items such as iron tools, blankets and gunpowder for Indian furs and deerskins. While some treaties provided for land cessions to Europeans for forts and trading posts, others stated fixed boundary lines between white men and the tribes. APUSHMATANA, noted Choctaw leader, paintedby C. B. King in Washington, D.C. 1824. ReprintedbypermissionNational Anthropological Archives Smithsonian Institution. BEST COPY AVAILABLE 3° 14 '31 Choctaw lands in 1795 by treaty with Spain and almost immediately began separating the Choctaw from Treaty of Fort Adams. ; $o 1,2,64142o acres Spanish influence in Florida. Not until the war of 1812 Treaty of Hoe Buckintoopa, 1803,153,760 acres did the United States occupy West Florida and isolate p4 the Choctaw from Spanish influence. Treaty of Mount Dexter,tilos, 4,142,720 acres Aigai:-MISS. The first treaties between the United States and the Treaty of Fon& Stephens, 1816 Choctaw nation mainly agreed to boundaries mid ces- triffit:71.V/7::::?.. sions made earlier by the tribe to Europeans. The Treaty of Doak's Stand,1920, 3,26,499 acres ALA. Treaty of Hopewell in 1786 set dividing lines between (Indian cession to the Choctaw, Chickasaw. Creek and Cherokee tribes. Treaty of Doak's Stand,182o, 13,000,000 acres The treaty also gave the United States the right to (U.S. cession to Chwtaws) oversee tribal activities, especially if the Indians at- MI Treaty of tit:5 el. tempted to associate with the Spanish or English in the area. Treaty of Dancing Rabbit Creek, 183o, ... When the Mississippi Territory was formed in 1798, 10,423,130 acres it contained, within its bounds, the entire Choctaw nation, and white settlers were strictly prohibited by law ::::: from entering tribal lands without Choctaw permission. :110:1IMP:: .;i: However, some settlers, called squatters or intruders, did violate this law and settled in Choctaw country. :eggii1W4.11/1: These white men were few in number and not nearlyas :: important a factor in forcing land cessions as some historians have suggested. These mixedbloods helped obtain later land cessions from the tribe for the United States. In 1801 the Treaty of Fort Adams restated the limits of earlier Choctaw cessions to Spain and Great Britain and also gave tribal permission to the United States to construct a road later called the Natchez Trace. Treaties signed in 1802 at Fort Confederation and in LOUISIANA 1803 at Hoe Buckintoopa, both on the Tombigoee River, were also limited in scope and allowed only a small cession of land. Not until 1805 did the Choctaw minkoes agree to give a major slice of land to the United States, and then only to obtain money to pay a long standing debt to a British trading firm. The United States, under President Thomas Jefferson, wanted Choctaw lands along the Gulf Mississippi River as homesteads for settlers who would afett*e defend the area from foreign attack. The Choctaw would not give up that land and offered instead a wide strip from the Natchez District to the Tombigbee region. Jefferson refused for over two years to agree to such a Land Cessions cession and only changed his mind in 1808 when new problems with Spanish West Florida made the land the Choctaw offered more attractive to him as a defensive Reproduced by permission of the University of Tennessee Press from Arthur H region. De Roster. Jr Th Removal of the Choctaw Mcbans 1 1970 by the University of Tennessee Press 33 32 15 BEST COPY AVAILABLE The Treaty of the Choctaw Trading House in 1816 Washington wrung a subst ntial settlement from the In 1825, while in the capitol city the Choctaw leaders was made in order to end conflicting claims by both the United States before they signed the new treaty. first heard that President James Monroe's government Choctaw and Creek tribes to an area east of the Tom- Apushmataha died during his visit to Washington had proposed a removal treaty. They responded bigbee. General Andrew Jackson's decision to force elo- a and was buried there. quently with an address to Congress that pleaded for huge land cession from the recently defeated Creek white understanding and brotherhood toward the factions in the Creek War required the Choctaw to give Indians.But shortlyafter,theMississippi up claims to that section before he could open the ter- state legislaturepassed laws ritory to settlers. nullifyingChoctawtribal government and outlawed all Choctaw officials not em- After Mississippi entered the union as a state in powered by the state. Then in 1930 the United States 1817, however, the reason for seeking land cessions Sk:n10: Congress passed the Indian Removal Act which provid- from the Choctaw changed completely. Mississippi of- ed that Indian people should be moved west ficials argued that an independent Indian nation could across the *401 Mississippi. not exist within the same boundaries as another In the face of continuing pressure from the federal sovereign state. Furthermore, the United States had and state government, during the 1820's and 1830's earlier set a precedent in Georgia when promising the Choctaw Nation developed a thriving government removal of Indian nations from that state in order to ob- with a constitution, a police force, and a court system tain Georgia's agreement to the new constitution. The L./ that serve all the citizens of the nation. federal government allowed the boundaries ofnew The full impact of these state and federal actions hit states such as Mississippi and Alabama to includeex- *I; the Choctaw nation at Dancing Rabbit Creek in the fall isting Indian country and set the stage for a major clash. of 1830. The Choctaw were presented After 1817 most Mississippi officials worked to a treaty giving individual destroy the structurd of the Choctaw nation while tribesmenachoiceofremaining in Mississippi as citizens on their own plots of land or of allowing some white-educated Indians and mixed- removing to Oklahoma to pursue their traditional way of bloods to become state citizens. These officials push- life. Many who wanted to stay were cheated out of ed hard for removal or all "backward" and "savage" that : chance by a corrupt Indian agent William Ward. Most of Choctaw to lands west of the Mississippi River, lands those who stayed in Mississippi suffered over a century still wild enough to support those people desiring to of poverty and white bigotry. After removal, the Choc- pursue their ancient way of life. Some white men even taw signed other treaties but none ever changed the life envisioned an Indian Territory where Indian law and of the people so profoundly as did the one signed at the custom would be legal, a territory which might someday creek where the rabbits danced. enter the union as an equal state of the United States. With this goal of removal in mind, Andrew Jackson and others bargained with the Choctaw at the Treaty of Doak's Stand in 1820. The treaty gave the tribea large tract of land in Arkansas in exchange fora slightly smaller area in central Mississippi. But, the Arkansas land had already been settled by white Americans and HENRY WILLIS, 102 years old in 1933. His life spanned the removalto the treaty had to be renegotiated at Washington, D.C. the beginning of the New Era. Reprinted by permission Choctaw Agency BIA. in 1825. The Choctaw debated intensely with federal officials in Washington before agreeing to accept landin Oklahoma and annual cash payments in place of the Arkansas lands. When thegreat Choctaw Chief Apushmatah a was asked why he praised the virtues of 34 the Arkansas land during these negotiations when earlier he had complained that the land was poor and had "bruised his feet," he replied that earlier he had been a buyer, now he was a seller. The shrewd chief along with other capable men of his delegation in BEST COPY AVAILABLE 1 6 35 CHOCTAW REMOVAL by Va yew Hissing. Most tribal members who went 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 Philbrook Art Center, Tulsa, Oklahoma.

37 36 17 BEST COY 1__IVLAilitILAB 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 England and permissk,n for Natchez Trace Fort Confederation 1802 United States Mississippi Territory Hoe Buckintoopa 1803 United States Choctaw Nation Small cession on Tombigbee River and redefine English treaty of 1765 Mount Dexter 1805 United States Choctaw Nation Large cession from Natchez District to the Tombigbee Alabama River watershed Choctaw Trading House 1816 United States Ft. Confederation CededallChoctawlandeastof Tombigbee River Doak's Stand 1820 United States Natchez Trace, Exchanged large cession in Mississippi Choctaw Nation for a slightly larger parcel in Arkansas Washington 1825 United States Washington, D.C. Exchanged Arkansas land for Oklahoma parcel Dancing Rabbit Creek 1830 United States Choctaw Nation Removal Tieaty

3 8

18 Chapter 4 A New Era

unknown. ... Tuberculosis and unsanitary condi- THE DARK AGES tions generally has caused the death rate to exceed the birth rate so that at this time there are In 1830, the Choctaw people in Missisaippi entered scarcely 1,000 real Indians in the state. the period they call "the dark ages." In that year, they were forced to sign the Treaty of Dancing Rabbit Creek. With this treaty, their last remaining land was surrendered to the United States. Tribal government was abolished in a law passed by the new State of Mississippi. Officially, the Mississippi Choctaw Nation no longer existed. Most of the tribe was removed to reservation land in the Indian Territory of Oklahoma. Oklahoma is a mrs-- Choctaw phrase translated Utterly as Red people. But, under the terms of the treaty, any Choctaw who wished to remain in Mississippi could do so. They would become citizens of the United States. Each head of a household was to receive 640 acres of land. Each child over the age of 10 would receive 320 acres of land and each child under the age of 10 would receive 1 eo acres. In fact, only a few Choctaw received any land at all. Because, in order to receive land, the Choc- taw had to register with the federal Indian agent in 4 Mississippi and the agent refused to register most Choctaw. Records and land titles were destroyed or disappeared mysteriously and the few who managed to register received little lead at all. Others, who left their homes on a hunting or business trip, would come back to find a white man with a shotgun on their porch. They had no choice but to go away. The Choctaw people were scattered over 31 counties. They became squatters and sharecroppers on the land of white owners. They lived in poverty. They lived quietly. Few people even knew they existed. They had lost everything except their culture, their language, and their pride. In 1916, John Reeves, a Special Supervisor in the In- dian Service visited the Mississippi Choctaw. He sent a report to the Secretary of the Interior in Washington. Group of Choctaws circa 1908. Photograph courtesy of Museum of In land owned by the Indians is of the most in- the American Indian, Heye Foundation. ferior quality. .. A few head of stock and one or two farming implements is about all any of these Indians own... The vast majority of them own nothing and are practically destitute, living in decrepit shacks and cabins that but indifferently afford protection against the elements. The ordinary comforts of life are absent and luxuries lo

1 9 39 BEST COPY AVAILABLE CHOCTAW SHARE CROPPERS picking cotton on land that was once theW own. Repdnted by permission Choctaw Agency BIA.

THE SHARE CROPPING SYSTEM local police because of their debt to the landlord. This committee was a major factor in the establishment of In order to survive, the majority of Choctaws became system continued for about 100 years. A report by the the Choctaw Agency in Philadelphia the followingyear. share croppers or tenant farmers. The share cropping Choctaw Indian Agency in 1935 stated: Under the control of the Bureau of Indian Affairs, the system developed across the south after the Civil War. Choctaw Agency acted to provide the Choctaw people ... at least 50% of the white landlords in what is Under the system, a land owner would allow a Choctaw with economic assistance as well as aid in the known as the North Bend and Bogue Chitto Com- areas of family to live on a plot of his land in exchange for health and education. After 90 years of fraud, a munity practice an absolute practical slavery over Pre- judice, economic deprivation, and many attempts share of the crop they produced on that land. In the the Indians who live with them. to springtime, the landlord would give the sharecropper remove them to Oklahoma, the United States govern- seed,fertilizer, food, household necessities, farm ment finally realized that the Mississippi Choctaws still equipment and, perhaps, a horse as an advance. At the Bad times became worse. Severe weather and an in- existed and that, in spite of aN efforts, they wouldnot end of the growing season, the landlord might take festation of the boll weevil seriously damaged the corn leave the home of their ancestors. more than half the crop as his share for use of the land. and cotton crop. An outbreak of influenza killed bet- But, the sharecropper was also expected to pay back ween 20%-50% of the remaining Choctaw people. Ac- COLONIZATION what he had been given in advance by the landlord out cording to John Reeves, there was immediate need of his oi,40 shiie of,the crop. Often, the landlord would "for relief in the form of clothing and subsistence to In 1921, the Choctaw Agency began a plan of claim that he was owed moo:1414n hls,enaM's share of keep many of these Indians from great suffering, if not "colonization." The plan called for the purchase of the crop. Again the Choctaw shirecitOper, aftera actual starvation." In 1917, a committee of the United small plots of land, 20-40 acres, in seven major areas. season of back breaking work, would end up with StatesCongress conductedhearingsinUnion, The plots of land would then be resold to full-blood nothing.Thetypicalsharecropperbecame Mississippi. They learned how much the Choctaw peo- Choctaws with loans. Finally, a school was to be built in 41 permanently in debt to his landlord. If they protested, or ple had been suffering, and they became convinced each of the seven areas to serve as centers for primary wanted to move, they were under threat of arrest by that something needed to be done. The report of that edu-ation and community activity.

20 OUT COPYAVAILABLE 42 18,900 acres were held in trust fOr the benefit of the Choctaw people. A proclamation by the Secretary of the interior in 1944 deckued that aN the land held in trust for the Choctaw people was designated as the Choctaw Reservation.

FIRST AGENCY BUILDINGcirca 1933. Main administrativ functions of the BIA. are conducted in a modem facility one block from this site. Reprinted by permission Choctaw Agency BIA.

The purpose of the "consolidation" plan was, first, to poor in quaNty to produce enough food to feed families. concentrate the Choctaw people in population centers There was no hope that they could produce enough in order to support and continue tribal identity. Second, cash income to pay off their loans. Most of the loans the plan aimed at freeing tribal members from the were dofaulted upon. sharecropping system. The Agency hoped that throt.gh agriculture,theraisingoffruit,vegetables and RESERVATION livestock, the Choctaws could become Independent farmers. The Agency expected that farming would not In 1934, Presklent Franklin Roosevelt signed into only give Choctaw families enough food to eat, but also law the Indian Reorganization Act. This law would have enough money to pay back the loans on their landi many important consequences for the Mississippi The first phase of the plan was successful. Within ten Choctaws. One provision of the law stated that tribal years, almost 4,000 acres had been bought and resold land should not be parceled out in small plots to in- to tribal members, and seven schools were operating in dividuals, but rather, it should be held in common for the areas which are today's Mississippi Choctaw com- the entire tribe in trust states by the federal govern- munities. An Indian hospital was built in the city of ment. As a result, all of the small plots that indMdual Philadelphia and by 1930, the birth rate of Choctaws Choctaws had defaulted on, were placed under the surpassed the death rate. The second phase of the trusteeship of the Choctaw Agency. The IRA also pro- program, however, was not successful. The plots of vided funds for the purchase of land. With this, the land that the Agency purchased were too small and too Choctaw agency purchased additional land until almost

21 43 BEST COPY AVAILABLE THE CHOCTAW AGENCY as it looks today, recently expanded and remodeled.

THE RE-EMERGENCE OF TRIBAL GOVERNMENT The Indian Reorganization Act would also have an impact on the development of tribal government. The IRA recognized the right of Indian people to organize con- stitutional tribal governments and, as a result, the Choctaw Business committee was formed. It was the first form of tribal government that had been allowed since 1830. The committee was composed of 17 representatives from the seven communities. The Com- mittee, however, was almost completely under the control of the Choctaw Agency Superintendent. The Com- mittee met only on the call of the Superintendent and

4 6 Bar COPYAVAILABLE 22 44,411.114

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11-, 4,111Aro

114,4 4.4r

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Emmett York talking to community meeting May 1970. RePrinted by Joe Chitto and his wife Zula Chitto in Philadelphia. Reprinted by permis- permission Choctaw Agency BK. sion Choctaw Agency BIA,

8 Emmett York and Prentiss Morrie at Community meeting. Reprinted by permission Choctaw Agency BIA. 4 7 23 BEST COPY AVAILABLE, Baxter York at Choctaw Fair in 1969. Photograph by Les Leverett, courtesy of Choctaw Archives. BEST COPY AVAILABLE 24 49 The great Jim Thorpe warming up for a baseballgame in Phototycph courtesy of the Jim Thorpe Foundation.

Wes authOrized 10 act only on tile agenda Pre Pared bY the Superintendent. Meetings were held in the office*, of the Choctaw Agency. Not aN tribal members were willing to accept an organization so completely dominated by the Agency Superintendent. Opposition leaders formed a rival orgsnization, the Mississippi Choctaw Indian Federa- tion. The Agency Superintendent acted to undermine this organization and some "trouble makerswere removed from the reservation. In 1935, the Agency reported, For most of 1934 and part of 1935, the organization tried to make trouble and succeed- ed to some degree to a point where it became necessary to transfer said farmer to another jurisdiction because his ideas and policies as to what was best for the Choctaws, and the Superintendent's Ideas and policies, had been in constant conflict.

et-

44,

Robert Senn, Superintendent ot Choctaw Agency.

, t

~ VI

' AP7

, . ?54 ' .,4 53 27 BEST COPY AVAILABLE MEMBERS OF THE CHOCTAW COUNCIL inspecting a treaty between the 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 Federation disbanded and in 1935, the business committee voted to accept the provisions of the Indian Reorganization Act. The Committee elected a Chairman but he was appointed to the Committee by the Superintendent. For the most part, action by the Business Committee on its agenda was a formality. For example, during one of its first meetings, the Committee was authorized by the Superintendent to discuss such issues as the granting of tribal leases, the selection of delegates to represent the tribe in Washington and the employment of an attorney. The Agency report of that meeting states that, at that time, there was no one seeking a lease on tribal' land, there was no need for any delegates to travel to Washington and there was no need for a tribal lawyer. The work of the Committee, therefore, was merely an exercise in representative government. They had no power to deal with issues that were really important to tribal members. In 1944, when the Secretary of the Interior declared Mr. Bann working out a problem with Ray Thomas. Administratire officer for the Choctaw Agency. tribal land in Mississippi to be a reservation, he also authorized an election for the adoption of a Constitu- tion. Approval of the Constitution by the Mississippi

BEST COPYAVAILABLE 26 Choctaws led to the creation of a 16 member Tribal not to restore tribal authority and identity.It was to during the "colonization" period, the 1936 Agency Council composed of elected representatives from the make Choctaws just like everyone else. In 1922, Con- report claimed that the raising of subsistence crops seven communities. From its membership, the Council gressman William W. Venable of Mississippi stated that such as corn, fruits, vegetables, hogs and fowls would elected a Chairman. But again, the Tribal Council had aid to the Choctaws in his state was "due as a moral remove the Choctaws from the "corn-cotton complex" no real power and little influence over tribal affairs. Its obligation to help primitive people conform to white and lead to economic self-sufficiency. The report also meetings were conducted at the Choctaw Agency. Its man's civilization." recommended that Choctaw education should be "of decisions could be vetoed by the Agency Superinten- The government sponsored "colonization" plan was the practical and industrial type." "Academic education dent. This situation continued into the early 1960s. meant to achieve thisobjective.As independent is to be avoided as it will cause conflict with whites" Adoption of the Constitution and the creation of the farmers, Mississippi Choctaws would become like who would be hostile to Indians who would no longer Tribal Council did have one extremely important im- other Americans. By providing economic aid, education "know their place". Finally, the report stated that Choc- mediate result. It was followed by an act of Congress and health services, the plan did ease some of the suf- taws should be eased toward assimilation. "The pro- that officially recognized the Mississippi Band of Choc- fering. But the "colonization" plan did not fail because cess of Americanization should be confined to certain taw Indians to be a tribe under the laws of the United the Choctaws could not manage their own affairs. It essentials of social organization, religion, economic life

States. It was the first formal recognition of Choctaw failed because government officials did not understand and material culture technics ... but in non-essential tribal government in Mississippi since 1830 when it the difficulty of farming the small, poor, red-clay plots of mattersit seems unnecessary and unimportant to had been removed to Oklahoma. land they had purchased for the Choctaws. Americanize the Choctaw." The report stated that there Inthe 1930's, with the passage of the Indian was no sense in changing hair styles or clothing. "The Reorganization Act, government methodswere process of Choctaw identification with white society PATERNALISM AND ASSIMILATION modified, but the goal of guiding Choctaws toward should be left to assume its natural pace." assimilationcontinued. Attitudes ofpaternalism In the 1950's, the federal government became impa- In 1831, Chief Justice of the Supreme Court John remained. Government officials recognized that the tient with its policy of gradual assimilation. Concerned Marshall wrote, in his opinion in Cherokee Nation vs. "colonization" plan of the preceding decade had failed with the cost of government services, Congress moved Georgia, that the relationship of Indians to the United to end the sharecropping system. No viable economic to "terminate" its relationship with Indian tribes as States was that of "a ward to his guardian." As one of system had been found to replace it. Their solution for quickly as possible, by selling tribal lands in some the pieces of evidence, the cited Indians referring to the Choctaws was tosubstitute dependency on areas. In other areas, a program to "relocate" Indians in the President as their "great father." This kind of government for dependency on the landlords.In a the big cities was begun. The goal was to speed reasoning became the dominant attitude of the majority report by the Choctaw Agency in 1936, it was recom- assimilation by breaking down tribal and cultural bonds culture toward Indians once they were no longer bat- mended that "government should take over the social that were seen as hindering economic progress and tlefield opponents. Indians were seen as "children" and economic role of the landlord and merchant class" preventing Indians from becoming just like all other who were incapable of knowing what was best for in order to end the sharecropping system. citizens. themselves and incapable of managing their own af- Government action did lead to some improvements. In Mississippi, the Choctaw Agency moved to imple- fairs. Therefore, government officials and others who There were increased levels of economic aid. The ment the policy of relocation. Choctaws were en- saw themselves as "white fathers" would have to make educational system was strengthened, and health care couraged to leave the reservation and relocate in the all the decisions in the best interests of the Indians. It was improved. Additional land was purchased. A limited major urban areas. The Agency hoped that, in time, it was an attitude of "paternahsm." What was believed to form of tribal government was encouraged. In 1936, could end its work among the Choctaws and turn over be in the best interests of Indians was that they should Agency report recommended that a representative its facilities to the state of Mississippi. For almost a fit themselves completely into white society. This is Choctaw government from the seven communities be decade, Choctaws were moved to the cities. They left part of the "melting pot" theorythat this country is formed. Tribal government would serve as "clearing with hopes for a better life. For the most part, they met composed of diff erent peoples from diff erent countries houses for grievances ... theycm-Ad function both as with disappointment. In the cities, they faced many of having different cultures. In order for them to become advisory bodies to the agency for the drawing up of the same problems they had experienced on the Americans, they would have to lose their differences. programs and as executive bodies to carry them out." reservationpoor housing,limited employment cp- In this way, they would become assimilated. For However, the report cautioned that "the position of portunities, and discrimination. These problems were Indians, the call for assimilation meant the loss of tribal ultimate authority should be vested in the Superinten- compounded by the loss of family and friends as well as and ethnic identity. dent because "Choctaws are too illiterate, disorganiz- government services that they had normally received For the Mississippi Choctaws, the call for assimilation ed, and culturally disintegrated and too unfamiliar with on the reservation. There were no special programs to came from those who saw themselves as friends. After the role of leadership in competitive society" to be able help them adjust to city life. The move to the city was taking Choctaw land and forcing them to become out- to manage their own affairs. often a move from rural poverty to urban poverty. Many casts and virtual slaves in their former homeland, some But, government directed efforts to manage Choctaw found themselves rootless and disoriented in white Americans felt a sense of guilt. They felt they had a affairs showed some weaknesses. Ignoring the failures society. Many returned home to Mississippi. Some responsibility to provide assistance But thew aim was 29 57 BEST COPY AVAILABLE r RED WATER SCHOOLCHILDREN circa 1933. Reprinted by permission Choctaw Agency BIA.

Choctaws did adapt well to city life, and today Chicago, Dallas, and Los Angeles among other cities, have tribal members living there. Like so many otherprograms im- posed by the federal government, the relocationpro- gram was unsuccessful It was all but abandoned in the 1960's when Indians, demands for self-determination began 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- pressedtheir determination to resist government policies aimed at breaking up tribal groups. They declared that Indians had the right to maintain an in- 59 dependent social,cultural, and political existence within the American system.

BEST COPY AVAIUBLE 30 60 e a.

m, 4 ill PHILLIPMARTIN

Phillip Martin, Tribal Chief Mississippi Band of Choctaw Mims.

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62 61

Chief Martin at wont with administrative staff. .

31 BEST COPY AVAILABLE Chief Martin consults with Tribal Council members on an important issue.

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4'kt '4'4( f, 't°41r4=1 Jk " ' , 4,1,4 s-7 17. L.R,Ao 44, ' "*.! :.' .ht'' 2r ; 8 < - "F%- SIST COPY AVAIUBLE 32 64, With the continnt gone, except for the low poor parcels they atiN rtain, the basis of Nfe is precariously hold, but thy mean to hold the =WM and parcels as earnestly as any small nation or ethnic group was evr determined to hold to identity and survival. And in Washington, beginning with the Kennedy Ad- ministration, a new attitude toward Indian people and Indian culture began to emerge. It would lead to a series of programs that would aim to improve the quality of reservation life through strong tribal government. The best features of the Indian Reorganization Act of the 1930's would be emphasized in education, voca- tional training, housing and economic development. mtr- The new feature of these programs was Indian involve- ment in the process of policy making. Realizing that programs forced on Indian tribes would only repeat the failures of the past, government leaders acknowledged for the first time the right of tribal people to decide for themselves what should be done and how it should be Abr._ done. Self-determination for Indian people began to emerge as the policy of the federal government. This policy was strengthened under President Lyn- don Johnson who stated, "We must affirm the right of the first Americans to remain Indians while exercising their rights as Americans. We must affirm their rights to freedom of choice and self-determination." Johnson's "Great Society" released funds for programs in social services, health, and education that were targeted to :eit4dr. the general populatioo and not specifically toward Mettle Wills, Representative from Red Water and Chair of the com- Indians. As a result, tney were under the control of munity Development Committee agencies other than the Department of the Interior. This resulted in a relaxation of the government's managerial function, especially with regard to financial affairs. of Indian Affairs. Commissioner Bennett stated that the matter of enlightened social policy, we must In 1964, during the Capital Conference on Indian Bureau should no longer be "the sole source of funds begin to act on the basis of what the Indians have Poverty,it was announced that anti-poverty funds and technical resources for Indian assistance, Its func- long been telling us. The time has come to break channeled through the Office of Economic Opportunity tion should be shifting from one of exclusive respon- decisively with the past and to create the condi- would be available to tribes. Indian tribes could suggest sibility for Indians to the role of 'finder' and 'coordinator' tions for a new era in which the Indian future is of other sources of aid." The role of the Bureau began determined by Indian acts and Indian decisions. programs to the 0E0 and once funds had been approv- to change from one of paternalistically imposing pro- ed, the tribes could run the programs themselves. It In 1978, Congress moved to support the principles grams and policies on Indians, to encouraging self- was the first time that Indians had been given the full of free choice with the passage of the Indivi Self- determination and strong tribal governments. responsibility for the management of funds on reserva- Determination and Education Assistance Act. This President Richard Nixon continuedthe federal tions without the supervision of the Indian agents. It legislation provided a formula for the transfer of power government's new commitment to Indian self- deter- was hoped that the programs would be successful from the bureaucrdt..y the Inthan people themselves. mination. In 1970, he stated, because the programs would be the ones the Indians It allowed tribal governments to contract for the delivery wanted and planned according to their needs as they It Is long past time that the Indian policies of the of services. Federal funds could now be given directly saw them. Federal government began to recognize and to tribal governments and they would have the respon- In 1966, Robert L. Bennett, an Oneida Indian from build upon the capacities and insights of the sibility for spending those funds. Tribal governments Wisconsin was appointed Commissioner of the Bureau could now make decisions on which programs they Indian people. Both as a matter of justice and as a 66 33 65 '. BEST COPY AVAILABLE '=111._ wanted and how-these programs would be managed. Tribei gOvernments began to move toward the goal of self-sufficiency so that they might take part in the American dream in their own way.

* 41 TRIBAL GOVERNMENT-ADVOCACY AND INITIATIVE In 1959, a delegation from the Mississippi Band of Choctaw Indians traveled to Washington on the first official visit of tribal government leaders to the nation's capital in almost 130 years. They established contact with Congressional- leaders and government officials. They informed these officials of the unmet needs of the Choctaw people. They explained the lack of adequate educational opportunities on the reservation beyond the primaryyears. They informed them ofthe segregated school system in the state of Mississippi that would not accept Choctaws. To complete high school, Choctaw students had to be sent away to boarding schools in Oklahoma, Kansas, or North Conehatte School chop getting reedy for a performance. Reprinted by permission Choctaw Agency MA, Carolina. As a result, few Choctaws were completing high school. Tribal leaders pointed out that Indians were the only American citizens forced to travel such long distances for basic educational services. The delegation returned to Washington Many times. They knew that those who were supposed to represent their interests, especially within the Bureau of Indian Affairs, had no plans to establish a high school on the reservation. They felt that the only way to improve the situation was for tribal government leaders to take the initiative and become advocates for the tribe. They met with Congressional leaders and testified before committees of Congress for several years. Finally, funds were appropriated for the construction of Choctaw Central High School. Construction was completed in 1963. Tribal government became directly involved in planning for the new school and when it became fully operational, it offered a full range of academic programs, electives, and a wide array of extracurricular activities. The success of this effort indicated that their tribal government was the most effective advocate for the Choctaws. It demonstrated that tribal government initiative could achieve positive results.

67 CHOCTAW CENTRAL SCHOOL houses preschool through twelfth ofedII. BEST COPYAVAILABLE 34 68 4,* -4- 4 *4,4;1.. 4 4 54; 4 4(4 .4*-114T*,4/17. /4" , 24c t'4' ^

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Another major initiative of tribal govemment was directed toward the improvement of health conditions on the reservation. Poor housing and sanitation were causing infectious and communicable diseases such as pneumonia and influenza to reach epidemic proportions. Death from these diseases among Choctaws was twice the national average. Infant deaths were more than seven times the national average. In 1926, an Indian hospital had been established in the city of Philadelphia. When it was built, the Choctaw population was about 1,300. By the 1960's, the population had almost tripled.It was clear to the Choctaw community that this facility was inadequate to meet the health needs of the people. The community felt that since local hospitals often refused to treat Choctaw patients and the existing hospital had been condemned by the State in the 1940's, a new, com- prehensive health care facilty was needed on the reservation. The CHOCTAW MEDICAL, CENTER where heel and Indian Health Ser- Meeting the health needs of the Choctaw people vice programs wadi tOgSthsrIoprodsssMoa.. became a top priority of Tribal Council. Tribal government adopted resolutions requesting the allocation of I funds for the construction of a hospital. Tribal leaders wwi Wdshington to talk to federal and state officials. They testified before committees of the Congress. After several years of direct advocacy by tribal government, Congress appropriated funds for the construction of the Choctaw Health Center. Completed in 1975, the Health Center has been recognized as one of the f:nest health care facilities in the state. But, government leaders realized that meeting the health needs of the tribe would not be achieved only by building a new health center. Attention needed to be directed toward improving the conditions of poverty that were the main cause of health problems. A 1965 report by HEW stated, "The Choctaws in Mississippi are one of the most destitute tribes in the nation today. . . .Thehealth status of this group is largely related to its low income and inadequate housing." In 1965, Tribal Council adopted a resolution approv- 71 inganapplicationtotheOfficeofEconomic Opportunity for a planning grant of $15,000. The Home neer completion constructed by Chehts Development Company. Council used that grant to initiate plans for a series, gtt

36 BEST COPY AVAILABLE 72 jflfl gr.ow NM" egg 'mow

major improvements. Approval of the plan by the Federal Government led to an $8 million program of development on the Choctaw reservation. Homes, community centers, educational facilities, recreational areas, and access roads were built. There were improvements in water and sanitation. The program boosted the reservation economy by providing jobs for almost 500 Choctaws, as well as on-the-job training opportunities for many more. The success of these tribal initiatives marked a turn- ing point in the struggle for self-determination. Through tribal government, the community had been able to express its needs, determine its priorities, and establish its own programs.

Many Choctaws now work as service providers in the Medic& Center. 74 73 37 BEST COPY AVAILABLE TRIBAL GOVERNMENT t1 ORGANIZATION The growing complexity of t ibal government as it began to initiate and operate multi-million dollar programs, as well the improved status of government under the Indian Self-Determination Act, revealed several weaknesses in the 1945 structure of government. As a result, a revised Constitution and Bylaws was proposed by Council, ratified by majority vote of

St- the tribe and put into effect in 1975. The new Constitution more clearly separates the government into executive and legislative branches. The office of Chairman of the Tribal Council was changed to that of Tribal Chief. The Chairman had been appointed by Council every two years. The Chief is now elected by majority vote of tribal members to a f our year term. The new structure establishes the Chief as the principal executive officer of the tribe and as head of the executive branch of tribal government. Under the Constitution, the Chief has the power to negotiate con- tracts, to administer the operation of tribal government, to prepare budgets and financial reports, and to preside over the meetings of Council. Actions by the Chief,

TRIBAL COUNCIL IN SESSION

4 ;

TRIBAL COUNCIL IN SESSION 4 I 38 BEST COPY AVAILABLE 76 MISSISSIPPI BAND OF CHOCTAW INDIANS OVERALL ORGANIZATIONAL STRUCTURE

Vice Tribal Chief Council

Chahta Committee on Secretary- Enterprise Budgets and Treasurer Finance ] I Choctaw Greetings Enterprise Administrative "--1 I Office

Chata Development Company -I I

Choctaw Department of Department of Department of Department of Uepartment of Housing Community Family Education Health Manpower and Authority Development Services Transportation I 1 411111111 1 Choctaw Utility Commission I

Committee on Committee on Choctaw Committee on Committee on Committee on Committee on Governmental Transit Community Education Health Economic Judicial Affairs and Affairs Auth ority Development welopment Law Enforcement I

78 77 39

strengthened. The longer terms of office allows for greater continuity in the dkection of tribal policy. The Committee System allows elected representatives to carefully study proposals before they are brought to a vote by the full Council. Committee members can gain in-depth knowledge of specific problem areas. This in- sures that decisions by tribal government are well informed and that no one individual dominates government.

ECONOMIC DEVELOPMENT Tribalgovernmentleadersrealizedthatwith unemployment on the reservation approaching 80% in the 1980's, the goal of self-determination would not be accomplished without the economic self-sufficiency of the tribe. Tribal Council, therefore, decided to initiate a program capable of handling heavy truck traffic. In 1978, the park was expanded to 80 acres and with seed money from Chata Development, an industrial building was constructed. Negotiations by tribal leaders to locate business and industry in the park had suc- ceeded and in 1979, Tribal Council approved the charter for Chahta Enterprise as a tribally owned enterprise. A dedicated supplier to the Packard Electric, Divisioq of General Motors, Chata Enterprise produces wire harness assemblies for Chevrolet pick-up trucks and Buick La Sabres. The Enterprise has a work force of 200 employees, 75% of them Choctaws. It has Ms. Dixon discusses the situation at the Choctaw Medical Center with gained a reputation for quality with the lowest rejection Binh Nguyen, Hospital Administrator. rateof any of Packard's dedicated suppliersin Mississippi. however, must be presented to Council for final ap- And in 1981, after nearly ten years of negotiations, a proval. The establishment ofthe office of Chief contract between the American Greetings Corporation strengthened the executive function of tribal govern- and anothertriballyowned business,Choctaw ment. It was also an act of self-determination as the of- Greetings Enterprise, was signed to hand finish quality fice of Chief had been abolished and prohibited under greeting cards. Currently employing 250 people, state law in the 1830's. Choctaw Greetings has become the third largest The new Constitution also extended the term of greetings plant in the world. Council, members from two to four years, with half the Building upon the success of Chahta Development, Council up for re-election every two years. To allow the Chafe Enterprise and Choctaw Greetings, the Tribal Council to gain greater expertise in legislative decision- Council has approved plans for the construction of a making, a system of seven committees was later plant capable of manufacturing wire, cable, and circuits s establishedhealth, economic development, budget on a competitive bid basis. The plan is expected to and finance, community development, and judicial af- become operational in 1983, opening an additional fairs and law enforcement. Each Council member is ap- 200 positions for tribal members. Also planned is a pointed to one of the committees. A committee chair- shopping center and a tourist complex. Individual tribal man, elected by Council, heads each committee. members are being encouragedto beginsmall Under the new Constitution, tribal government was businesses. d 2 81 41 BEST COPYMAILABLE Through the creation of private-sector jobs on the reservation, the tribal goal of self-sufficiency has taken on new meaning with the opening of the new wire and cable operation, the tribe has the potential of becoming one of the largest employers in the local area. It wiN be the achievement of a sophisticated and stable government and a hard working people. It is a record that may serve as a model for the economic development of other Indian tribes,

Beasley Denson, Representative from Standing Pine, Tribal Secretary end Chair of the Finance and Budget Committee at work in his office. 83

UST COPY AVAILABLE 42 84 z ,eRie oir.i1N40`e,,e

APPENDIX 1 ARTICLE IX.

ment of trading poste, three trade or parcels of lend of six miles square Until the pleasure of Congress be known, respecting the eighth arti- each, at such pieces as the United IStatesj in Congress assembled cle, all traders, citizens of the United States of America, shall have liber- MEATY WITH THE CHOCTAW, 17110. shall think prow, which posts, and the lands annexed to them, shall be ty to go to any of the tribes or towns of the Choctaws, to trade with them, and they shall be protected in their persons and property, and Articles of a treaty concluded at HopoweN, on the Keowmi, near to the use and under the government of the United States of America. kindly treated. Seneca Old Town, between Benjamin Hawkins, Andrew Pickens and Joseph Martin, commissioners Plenipotentiary of the United States of ARTICLE IV. America, of the one part; and Irockonahorna, groat Modal Chief of ARTICLE X. Soonacoha;Irockehoopoie,leadingchiefofBugtoogoloo; If any citizen of the United States, or other person not being an Mingohoopole, boding Chief of Hashooqua; Tobocoh, groat Medal Indian, shall attempt to settle on any of the lands hereby allotted to the The said Indians shall give notice to the citizens of the United States Chief of Congetoo; Pooshernestubie, Gorget Captain of Sonayazo; and Indians to live and hunt on, such person shall forfeit the protection of of America, of any designs which they may know or suspect to be form- theMen small Medal Chiefs ol the first Ches. twelve Modal and Gavot the United States of America, and the Indians may punish him or not as ed in any neighboring tribe, or by any person whosoever, against the Captains, Consnissionors Plenipotentiary of aN the Choctaw Nation, of they please. peace, trade or interest of the United States of America, Me other part.

ARTICLE V. ARTICLE XL The Commissioners Plenipotentiary of the United States of AMerica give owe to all the Chocataw nation, and receive them into the favor If any Indien or Indians, or persons, residing among them, or who The hatchet shall be forever buried, and the peace given by the and protection fo the United States of America, on the following condi- shelf take refuge In their nation, shall commit a robbery or murder or United States of America, and friendship re-established between the tions: other capital crime on any citizen of the United States of AMOCO, or said states on the one part, and all the Choctaw nation on the other person under their protection, the tribe to which such offender may part, shall be universal; and the contracting parties shall use their ut- Wong, or the nation, shell be bound to delver him or them up to tx, most endeavors to maintain the peace given as aforesaid, and friend- ARTICLE I. punished according to the ordinances of the United States in Congress ship re-established. assembled: Provided, that the punishment shall not be greater than if In witness of all and every thing herein determined, between the The Commissioners Plenipotentiary of aN the Choctaw nation, shad the robbery or murder, or other capital crime, had been committed by a United States of America and all the Choctaws, we, their underwritten restore all the prisoners, citizens of the United States, or subjects of citizen on a citizen. commissioners, by virtue of our full powers, have signed this definitive their allies, to their entire liberty, if any there be in the Choctaw nation. treaty, and have caused our seals to be hereunto affixed. They shell also restore all the negroes, and all other property taken dur- Done at Hopewell, on the Keowee, this third day of January, In the ing theist* war, from the citizens, to such person, and at such time and ARTICLE VI. year of our Lord one thousand seven hundred and eighty-six. place as the Commissioners of the United States of America shall appoint, if any thIlfe be in the Choctaw nation. If any citizen of the United States of America, or person under their Benjamin Hawkins, [L. S.]Yockenahoma, his x mark, [L. S. protection, shall commit a robbery or murder, or other capital crime, on Andrew Pickens. [L. S.)Yockehoopoie, his x mark, [L. S. any Indian, such offender or offenders shall be punished in the same Jos. Martin, (L. S.]Mingohoopoie, hex mark, [L. S. ARTICLE 11. manner as if the robbery or murder, or other capital crime, hod been Tobocoh, his x mark, IL. S.]Celocoopoohoomoch, his x mark, IL. S. committed on a citizen of the United States of America; and the punish- Pooshernastuby, his x mark IL. S.]Stonakoohoopoe hie x mark [L. S. The COR111141110116(11 Plenipotentiary of all the Choctaw nation, do ment shall be in presence of some of the Choctaws, if any will attend at Tuscoonoohoopoko, his x mark.IL. S.)Tustftheisgohta, his x mark, IL. S. Shinshemastuby, his x mark, [L. S.]Pooshonaida, his x mark, [L. S. hereby acknowledge the tribes and towns of the said nation, and the the time and place; and that they may have an opportunity so to do, due lands within the boundary allotted to the mid Indians to live and hunt on, Yocciehooma, his x mark, (L. S.]Okanconnooba, hie x mark, [L. S. notice, if practicable, of the time of such intended punishment, shall be Autoonschubs, his x mark, IL. S. as mention, id in the third article, to to under the protection of the Sbonokoolloopole, his x mark,IL. S.I sent to some one of the tribes. Tehekuhbay, his x mark, IL. S.]Pangehooloch, his x mark, IL. S. United State. of America, and of no other sovereign whosoever. Pooshemastuby, his x mark, IL. S.]%taboo, his x mark. IL. S. Tuakkahoomoili, his x mark, [L. S.]Tenetchonna, hie x mark. [L. S. ARTICLE VII. Tushkahoomock, his x mark, (L. S.]Tushkementahock, his x mark, [L. S. ARTICLE III. Yoostenochis, his x mark, IL. S.]Tushtallay, his x mark, [L. S. It is understood that the punishment of the innocent, under the idea Tootehooma, his x mark, IL. S.]Cahnaangchabba, his x mark, [L. S. The boundary of the lands hereby allotted to the Choctaw nation to of retaliation, is unjust, and shall not to practiced on either side, except Toobenohoanoch, hie x mark, [L. S.)Cunnopoie, his x mark. live and hunt on, within the limits of the United States of Americade and where there is a manifest violation of this treaty; and then it shall to shell be the following, viz. Spinning at a point on the thirty-first degree preceded, first by a demand of justice, and if refused, then by a Witness: of north latitude, where the Eastern boundary of the Notches district declaration of hostilities. shall touch the same; thence oast along the said thirty-first degree of Wm. Blount, north latitude, being the southern boundary of the United States of John Woods, Semi, Taylor, Ameriza, until it shell strike the eastem boundary of the land, on which ARTICLE VIII. the Indians of the said nation did live and hunt on the twenty-ninth Robert Anderson, November, one thousand seven hundred and eighty-two, while they For the benefit and comfort of the Indians, and for the prevention of Benj. Lawrence, wore under the protection to the King of Great-Britain; thence northerly loturies or oPpressions on the pert of the citizens or Indians, the United John Pitchlynn, along the said eastern boundary, until it shall meet the northern boun- States in Congress assembled, shall have the sole and exclusive right James Coie, dary, until it shell meet the western boundary thereof; thence southerly of regulating the trade with the Indians, and managing all their affairs in Interpreters, eking the same to the beginning: saving and reserving for the establish- such man ler as they think proper. 9 0

8 9 BEST COPY AVAILABLE TREATY WITH THE CHOCTAW, 1101. TREATY WITH THE CHOCTAW,1602. ART. IV. The President of the United States may, at his discretion, A treaty of friondshO, limits and accommodation between the United proceed to execute the second article of this treaty; and the third arti- A provisional convention entered into and made by brigadier general States of America and the Choctaw nation of Indians cle shall be carried into effect as soon as may be convenient to the James Wilkinson, of the state of Maryland, commissioner for hoklIng government of the United States, and without unneccessary detay on conferences with the Indians south of the Ohlo River, in behalf of the Thomas Jefferson, President of the United States of America, by the one part or the other, or which the President shall be the judge; the United States, on the one part, and the whole Choctaw nation, by their James Wilkinson, of the st.te of Maryland, Brigadier-General in the Choctaws to be seasonably advised, by order of the President of the chiefs, head men, and princOal warriors, on the other part. army of the United States, Benjamin Hawkins, of North Carolina, and United States, of the time when, and the place where, the re-survey Andrew Pickens, of South Carofina, commissioners plenipotentiary of and re-marking of the old line referred to in the preceding article, will be Preamble. For the mutual accommodation of the parties, and to the United States on the one part, and the Mingos, principal men and commenced. perpetuate that concord and friendship, which so happily subsists bet- warriors of the Choctaw nation, representing the said nation in council ART. V. The commissioners of the United States, for and in con- ween them, they do hereby freely, voluntarily, and without constraint, assembled, on the other part, have entered into the following articles sideration of the foregoing concessions on the part of the Choctaw na- covenant and agree, and conditions, viz: tion, and in full satisfaction for the same, do give and deliver to the ART. I. That the President of the United States may, at his discretion, ART. I. Whereas the United States in Congress assembled, did by Mingos, chiefs and warriors of the said nation, at the signing of these by a commissioner or commissioners, to be appointed by him, by and their commissionersPlenipotentiary,Benjamin Hawkins, Andrew presents, the value of two thousand dollars in goods and merchandise, with the advice and consent of the Senate of the United States, Pickens, and Joseph Martin, at a treaty held with the chiefs and head net cost of Philadelphia, the receipt whereof is hereby acknowledged; retrace, connect, and plainly remark the old line of limits, established by men of the Choctaw nation at Hopewell, on the Keowe, the third day of and they further engage to give three sets of blacksmith's tools to the and between his Britannic majesty and the said Choctaw nation, which January, in the year of our Lord, one thousand seven hundred and said nation. begins on the left bank of the Chickasaw hay river and runs thence In an eighty-six, give peace to the said nationand receive It into the favor ART. VI. This treaty shall take effect and be obligatory on the con- easterly direction to the right bank of the Tombigby river, terminating on and protection of the United States of America; It is agfeed by the par- tracting parties, so soon as the same shall be ratified by the President the same, at a bluff well known by the name of Hach-a-Tig-geby, but it ties to these presents respectively, that the Choctaw nation, or such of the United States of America, by and with the advice and consent of is to be clearly understood, that two commissioners, to be appointed by part of is as may reside within the limits of the United States, shall be the Senate thereof. the said nation, from their own body, are to attend the commissioner or and continue under the care and protection fo the said States; and that In testimony whereof, ,the commissioners plenipotentiary of the commissioners of the United States, who may be appointed to perform the mutual confidence and friendship wNch are hereby acknowledged United States, and the Mingos, principal men, and warriors, of the this service, for which purpose the said Choctaw nation shaH be to subsist betw.rri the contracting parties shall be maintained and Choctaw nation, have hereto subscribed their names and affixed their seasonably advised by the President of the United States, of the par- perpetuated. seals, at Fort Adams, on the Mississippi, this seventeenth day of ticular period at which the operation may be commenced, and the said MT. II. The Mingos principal men and warriors of the Choctaw nation December, in the year of our Lord one thousand eight hundred and Choctaw commissioners shall be subsIsted or the United States, so of Indians, do hereby give their free consent, that a convenient and one, and of the Independence of the United States the twenty-sixth. long as they may be engaged on this business, arid paid for their ser- durable wagon way may be explored, marked, opened and made under vices, during the said term, at the rate of one dollar per day. the orders and instructions of the President of the United States, James Wilkinson, [L. S. Shaun' Homo, his x mark, [L. S MT. II. The said line, when thus remarked and re-established, shall through their lands to commence at the northern extremity of the set- Berkankn Hawkins, [L. S. Hiupa Homo, his x mark, [L. S. form the boundary between the United States and the said Choctaw na- tlements of the Mississippi Territory, and to be extended from thence, Andrew Pickens, [L. S. !Natalia Horn' x mark. [L. S. tion, in that quarter, and the said Choctaw nation, for, and in considera- by such route as may be selected and surveyed under the authority of Tuskona Hopoia, his x mark, [L. S. Hoch Homo, nis x mark, (L. S Toota Homo, his x mark, [L. S. Tuspena Chaabe, his x mark, (L. S tion of one dollar, to them in hand paid by the said United States, the the President of the United States, until it shall strike the lands claimed Mingo Horn Massatubby, his x Muclusha Hopoia, his x mark, (L. S receipt whereof is hereby acknowledged, do hereby release to the said by the Chickasaw nation; and the same shall be and continue for ever, a mark, [L. S. Capputanne Thlucco, his x mark, IL. S. United States, and quit claim for ever, to all that tract of land which is in- highway for the citizens of the United States and the Choctaws; and the Oak Shumme, his x mark, [L. S. Robert McClure, his x mark, [L. S cluded by the beforenamed line on the north, by the Chickasawhay said Choctaws shall nominate two discreet men from their nation, who Mingo Pooscoos, his x mark. [L. S. Poosha Homo, his x mark, [L. S Buckshun Nubby, his x mark, (L. S. Bake Lubbe, his x mark, IL S. river on the west, by the Tombigbee and the Mobde rivers on the east, may be employed as assistants, guides or pilots, during the time of lay- and by the boundary of the United States on the south. ing out and opening the said high-way, or so long as may be deemed Witnesses present: ART. III. The chiefs, head men, and warriors, of the said Choctaw na- expedient, under the direction of the officer charged with this duty, tion, do hereby constitute, authorise and appoint, the chiefs and head who shaN receive a reasonable compensation for their services. Alexander Macomb, jun. secretary to the commission. men of the upper towns of the said nation, to make such alteration in MT. RI. The two contracting parties covenant and agree that the oid John McKee, deputy superinten- the old boundary fine near the mouth of the Yazoo river, as may be line of demarkation heretofore established by and between the officers dent, and agent to the Choctaws, found convenient, and may be done without injury to the said nation. Henry Gaither,lieutenent colonel, of his Britannic Majesty and the Choctaw nation, which runs In a parallel ART IV. This convention shall take effect and become obligatory on direction with the Mississippi river and eastward thereof, shall be commandant, John H. Brull, maim, Second Regi- the contracting parties as soon as the President of the United States, retraced and plainly marked, In such way and manner as the President ment Infantry, by and with the advice and consent of the Senate, shall have ratified the may direct, in the presence of two persons to be appointed by the said Bw. Shaumburgh, captain, Second same. nation; and that the said line shall be the boundary between the set- Regiment Infantry, Frans. Jones,Assistant Quarter- In testimony whereof, , the parties have hereunto set their hands and tlements of the Mississippi Territory and the Choctaw nation. And the master General, affixed their seals, at Fort Confederation, on the Tombigbee, In the said nation does by these presents relinquish to the United States and Benjamin Wilkinson, lieutenant and Choctaw country, this 17th day of October, In the year of our Lord, one quit claim for ever, all their right, title and pretension to the land lying paymaster, Third United States thousand eight hundred and two, and of the independence of the between the said line and the Mississippi river, bounded south by the Regiment, J. B. Walbach, alddecamp to the United States the twenty-seventh. thirty-first degree of north latitude, and north by the Yazoo river, where commanding general, the said line shall strike the same; and on the part of the commis- J. Wilson, lieutenant, Thkd Regiment James Wkkinson, IL S Infantry, sioners, it is agreed that all persons who may be settled beyond this In behalf of the lower towns and Chicasaw hay. Samuel Jton, lieutenant, Second line, shall be removed within It, on the side towards the Mississippi, Tuskona Hoopola, his x mark. [L. S.] RegimntofArtilleryand Mingo Pooskoos, his x mark, [L. S.I together with their slaves, household furniture, tools, materials and Engineers, Mingo Pooskoos, 2nd his x mark, IL. S.I John F. CarmichaN, surgeon, Third stock, and that the cabins or houses erected by such persons shan be Pomba Mattahay, his x mark. IL. S.I demolished. 91 Regiment United Stats Army. 92 UST COPYAVAILABLE ii In belie of the wow town.: above the Hiyoowannee towns, called Broken Bluff, to a point within James Wilkinson, [L. S.] Oak Chummy, his x mark, IL. S.) four miles of the Broken Bluff, thence in a direct line nearly parallel with TuskeeMaieb, his x mark, (L. S ) Mingo Pooscoos, his x mark, [L. S.] the river to a point whence an east line ot four miles In length will in- In Whoa of the six towns and lower town: AletalsHooma, his x mark, [L. S.] Latelahomah, his x myk, (L S.) tersect the river below the lowest settlement at present occupied and Mooklahoos000ish, his x mark, IL. S.) Witnesses present: improved in the Hiyoowannee town, thence still east four miles, thence Mingo Mom Astubby, his x mwk, Young Gains, interpreter, in a direct line nearly parallel with the river to a point on a line to be run Tuskshornah, his x mark, al John Bowyer, captain Second United States Regiment, from the lower end of the Broken bluff to Faluktabunnee on the Tom- Witnesses present: Joseph Chambers, United States factor. bigbee river four miles from the Broken Bluff, thence along the said line Silas Dinsmoor, Agent to the Choctaws, to Faluktabunnee, thence east to the boundary between the Creeks John Pitchlynn, We the commissioners of the Choctaw nation, duly appointed and the and Choktaws on the ridge dividing the waters running into the Alabama Turner Brashears, chiefs of the said nation who reside on the Tombigbee river, next to from those running into Tombigbee, thence southwardly along the said Peter H. Naisa lis, Sintee Bogue, do acknowledge to have received from the United ridge and boundary to the southern point of the Choktaw claim. Reserv- John Long, States of America, by the hands of Brigadier General James Wilkinson, ing a tract of two miles square run on meridians and parallels so as to in- Interpreters. as a consideration in full for the confirmation of the above concession, clude the houses and improvements in the town of Fuketcheepoonta, the followiing articles, viz: fifteen pieces of strouds, three rifles, one and reserving also a tract of five thousand one hundred and twenty hundred and fifty blankets, two hundred and fifty pounds of powder, acres, beginning at a post on the left bank of Tombigbee river opposite I NO hundred and fifty pounds of lead, one bridle, one man's saddle, and the lower end of Hatchatigbee Bluff, thence ascending the river four MEATY WITH THE CHOCTAW, 1603. one black silk handkerchief. miles front and two back one half, for the use of Alzira, the other half for the use of Sophia, daughters of Samuel Mitchell, by Molly, a Choktaw To whom these presents shaN come, Mingo Pooscoos, his x mark, IL S.) woman. The latter reserve to be Aubject to the same laws and regula- Aletala Hooma, his x mark, [L. S.) tions as may be established in the circumlacent country; and the said Know Ye, That the undersigned, commissioners plenipotentiary of Commissioners of the Choctaw nation. Mingoes of the Choktaws, request that the government of the United the United States of America, of the one Pert, and of the whole Choc- Plo Mingo, his x mark, [L. S.] States may confirm the title of this reserve in the said Alzira and Sophia. taw nation of the other part, being duly authorised by the President of Pasa Mastubby Mingo, his x mark, [L. S.] ART. II. For and in consideration of the foregoing cession on the part the United States, and by the chiefs and headme, of the said nation, do *Tapnena Oakchia, his x mark, [L. S.] of the Choktaw nation, and in full satisfaction for the same, the commis- hereby establish in conformity to the convention of Fort Confederation, Tuskenung Cooche, his x mark, [L. S.] sioners of the United States, do hereby covenant, and agree with the for the line of demarkation recognized in the said convention, the Cussoonuckchia, his x mark, [L. S.] said nation in behalf of the United States, that the said States shall pay following metes and bounds, viz: Beginning in the channel of the Hat- Pushapia, his x mark, [L. S.] to the said nation fifty thousand five hundred dollars, for the following ches Commis, or Wax river, at the point where the line of limits, bet- Chiefs residing on the Tombigbee near to St. purposes, to wit: ween the United States and Spain crosseth the same, thence up the Stephens. Forty eight thousand dollars to enable the Mingoes to discharge the channel of said river to the confluence of the Chickasaw-Hay and Witnesses present: dabt due to their merchants and traders; and also to pay for the Buckhatannee rivers, thence up the channel of the Buckhatannee to Young Gains, interpreter, depredations committed on stock, and other property by evil disposed Bogue Hooma or Red creek, thence up the said creek to a Pine tree John Bowyer, Captain Second United States Regiment, persons of the said Choktaw nation; two thousand five hundred dollars standing on the left bank of the same, and blazed on two of its sides, Joseph Chambers, United States factor. to be paid to John Pitrhlynn, to compensate him for certain losses sus- about twelve links southwest of an old trading path, leading from the tained in the Choktaw country, and a grateful testimonial of the nation's town of Mobile to the Hewanee towns, much worn, but not in use at the esteem. And the said States shall also pay annually to the said present time:From this tree we find the following bearings and TREATY WITH THE CHOCTAW, 1805. Choktaws, for the use of the nation, three thousand dollars in such distances, viz: south fifty four degrees thrity minutes, west, one chain, goods (at neat cost of Philadelphia) as the Mingoes may choose, they one link a black gum, north thirty nine minutes, west, one chain, five A Treaty of Limits between the United States of America and the giving at least one year's notice of such choice. links to a water oak thence with the old British line of partition in its Choktaw Nation of Indians. ART. III. The commissioners of the United States, on the part of the various inflections, to a Mulberry poet, planted on the right bank of the said States, engage to give to each of the three great Medal Mingoes, main branch of Sintee Bogue or Snake creek, where it makes a sharp Thomas Jefferson, President of the United States of America, by Pukshnubbee-Mingo, Hoomastubbee, and Pooshamattaha, five hun- turn to the southeast, a large broken top Cypress-tree standing near James Robertson, of Tennessee, and Silas Dinsmoor, or New Hamp- dred dollars in consideration of past services in their nation, and also to the opposite bank of the creek, which is about three poles wide, tnence shire, agent of the United States to the Choktaws, commissioners pay to each of them an annuity of one hundred and fifty dollars during down the said creek to the Tombigbee river, thence down the Tom- plenipotentiary of the United States, on the one part, and the Mingoes, their continuance in office. It is perfectly understood, that neither of bigbee and Mobile rivers, to the above mentioned line of limits between Chiefs and warriors of the Choktaw nation of Indians, in council those great Medal Mingoes is to share any part of the general annuity of the United States and Spain, and with the same to the point of beginn- assembled on the other part, have entered into the following agree- the nation. ing: And we, the said commissioners plenipotentiary, do ratify and con- ment, viz: ART. IV. The Mingoes, chiefs, and warriors of the Choktaws, certify firm the said line of demarkation, and do recognize and acknowledge ARTICLE I. The Mingoes, chiefs, and warriors of the Choktaw nation that a tract of land not exceeding fifteen hundred acres, situated bet- the same to be the boundary which shall separate and distinguish the of Indians in behalf of themselves, and the said nation, do by these ween the Tombigbee river and Jackson's creek, the front or river line lend ceded to the United States, between the Tombigbee, Mobile and presents cede to the United States of America, all the lands to which extending down the river from a blazed white oak standing on the left Pascagols rivers, from that which has not been ceded by the said they now have or ever had claim, lying to the right of the following lines, bank of the Tombigbee near the head of the shoal, next above Choctaw nation. to say, Beginning at a branch of the Humacheeto where the same is in- Hobukentoopa, and claimed by John McGrew was in fact granted to In testimony whereof, we hereunto affix our hands and seals, this tersected by the present Choktaw boundary, and also by the path the said M'Grew by Opiomingo Hesnitta, and others, many years ago, thirty-first day of August, in the year of our Lord one thousand eight leading from Natchez to the county of Washington, usually called and they respectfully request the government of the United States to hundred and three, to triplicates of this tenor and date. Done at Hoe- M'Clarey's peth, thence eastwardly along M'Clarey's path, to the east establish the claim of the said M'Grew to the said fifteen hundred acres. Buckin-too-pa, the day and year above written, and in the twenty- or left bank of Pearl river, thence on such a direct line as would touch ART. V. The two contracting parties covenant and agree that the seventh year of the independence of the United States. the lower end of a bluff on the left bank of Chickasawhay river the first boundary as described in the second [first] article shall be ascertained 94 93 iii BEST COPY` AVAILABLE TREATY WITH ThE CHOCTAW,1818. TREATY WITH THE CHOCTAW, 1820. and plainly mark7d, in such way and manner as the President of the A treaty of cession between the United States of America and the United States may direct, in the presence of three persons to be ap- A treaty of friendship, limits, and accommodation, between the United Choctaw nation of Indians. pointed by the said naton; one f rom each of the great medal districts, States of America and the Choctaw nation of Indians, begun andcon- each of whom shall receive for this service two dollars per day during cluded at the Treaty Ground, in said nation, near Doak's Stand,on the James Madison, president of the United States of America, by his actual attendance, and the Choktaws shall Natchez Road. have due and general John Coffee, John Rhea, and John M'Kee, esquires, commis- seasonable notice of the place where, and time when, the operation sioners on the part of the United States, duly authorized for that pur- shall commence PREAMBLE. pose, on the one part, and the mingoes, leaders, captains, and war- ART, VI. The lease granted for establishments on the roads leading riors, of the Choctaw nation, in general council assembled, in behalf of Whereas it is an important object with the President of the United through the Choktaw country, is hereby confirmed in all its conditions, themselves and the whole nation, on the other part, have entered into States, to promote the civilization of the Choctaw Indians, by the and, except in the alteration of boundary, nothing in this instrument the following articles, which, when ratified by the president of the establishment of schools amongst them; and to perpetuate themas a shall affect or channe any of the pre-existing obligations of the contrac- nation, by exchanging, for a small part of their land here, a country ting parties. United States, with the advice and consent of the senate, shall be obligatory on both parties: beyond the Mississippi River, where all, who live by hunting am) will not ART. VII. This treaty shall take effect and become reciprocally ART. 1. The Choctaw nation, for the consideration hereafter mention- work, may be collected and settled together.And whereas itis obligatory so soon as the same shall have been ratified by the President ed, cede to the United States all their title and claim to lands lying east desirable to the state of Mississippi, to obtain a small part of the land of the United States of America, by and with the advice and consent of of the following boundary, beginning at the mouth of Ooktibbuha, the belonging to said nation; for the mutual accommodation of the parties, the Senate of the United States. Chickasaw boundary, and running frm thence down the Tombigbee and f or securing the happiness and protection fo the whole Choctaw Done on Mount Dexter, in Pooshapukanuk, in the Choctaw country, river, until it intersects the northern boundary of a cession made to the nation, as well as preserving that harmony and friendship which so hap- this sixteenth day of November, in the year of our Lord one thousand United States by the Choctaws, at Mount Dexter, on the 16th pily subsists between them and the United States, James Monroe, eight hundred and five, and of the independence of the United States of November, 1805. President of the United States of America, by Andrew Jackson, of the America the thirtieth. ART. 2. In consideration of the foregoing cession, the United States State of Tennessee, Major General in the Army of the United States, Commissioners: John Carnes. his x mark, IL S engage to pay to the Choctaw nation the sum of six thousand dollars and General Thomas Hinds, of the State of Mississippi, Commissioners James Robertson, IL S.ITooteehooma, his x mark. IL S annually, for twenty years; they also agree to pay them in merchandise, Plenipotentiary of the United States, on the one part, and the Mingoes, Silas DinsmoOr. (L S Hoosheehooma, his x mark. IL S to be delivered immediately on signing the present treaty, the sum of Head Men, and Warriors, of the Choctaw nation, infull Council Great Medal Mingos Tootuhooma. 2d, his x mark. IL S ten thousand dollars. assembled, on the other part, have freely and voluntarily entered into Puskshunnubbee. his x mark. IL S George James, his x mark, IL S the f ollowing articles, viz: Mingo Hoomastub bee. Robert McClure. his x mark. (L. S Done and executed in full and open council, at the Choctaw trading his x mark, IL S ITuskeamingo, his x mark. IL. S house, this twenty-fourth day of October, in the year of our Lord one ART. 1. To enable the President of the United States to carry into ef- Pooshamattaha. his x mark. IL S Hattukubbeehooluhta. thousand eight hundred anC '.;ixteen, and of the independence of the fect the above grand and humane objects, the Mingoes, Head Men, Chiefs and warriors, his x mark, (L. S United States the f orty-f irst. and Warriors, of the Choctaw nation, in full council assembled, in behalf Ookchummee. his x mark, IL S ]Fishoommastubbee, of themselves and the said nation, do, by these presents, cede to the Tuskamiubbee, his x mark, IL S his x mark. IL S John Coflee, IL S General Humming Bird, his x markIL. S United States of America, all the land lying and being within the boun- James Perry his x mark. IL S Anoguaiah, his x mark. IL S John Rhea, IL S Talking warrior, his x mark,. (1_ S daries following, to wit; Beginning on the Choctaw boundary, East of Levi Perry, his x mark. John McKee, IL S David Folsom. IL S ILewis Lucas, his x mark, IL S IL S. Pearl River, at a point due South of the White Oak spring, on the old In- Isaac Perry, his x mark, [L S IJames Pitchlynn,hisxmark,fL S Mushoolatubbee, his x mark. IL S Bob Cole, his x mark, IL S. dian path; thence north to said spring; thence northwardly to a black William Turnbull. IL S IPanshee Eenanhla, his x mark. IL S Pooshamallaha, his x mark. IL S Ootuppa his x mark. IL S Pansheehoomubbu, his x mark. IL S Pukshunnubbu. his x mark, IL S Hoopoleeskitteenee. his x mark, IL S oak, standing on the Natchez road, about forty poles eastwardly from General Terror, his x mark. [1_ S Hoopoieerniko. his x mark. IL. S Doake's fence, marked A. J. and blazed, with two large pines and a Witnesses present at signing and searing: ChOctaw Eestannokee, HOopoieethoma, hCx mark, IL S black oak standing near thereto, and marked as pointers; thencea his x mark. IL. S straight line to the head of Black Creek. or Bouge Loosa; thence down Thomas Augustine Claibom, secretary lo the commissioners, Black Creek or Bouge Loosa to a small Lake; thence a direct course, so John M'Kee, Witness: as to strike the Mississippi one mile below the mouth of the Arkansas Samuel Mitchell, United States agent to the Chickasaws, Tho, H. Williams, secretary to the commission, River; thence down the Mississippi to our boundary; thence around and William Colbert. of the Chickasaws, his x mark, John Ritchlynn, interpreter. along the same to the beginning. Turner Broshear, iWerpreter, Lewis Ward, ART. 2. For and in consideration of the foregoing cession, on the part CharlesJazan, M. Mackey, interpreter, of the Choctaw nation, and in part satisfaction for the same, the Com- Garrud E. Nelson, Silas Dinsmoor. missioners of the United States, in behalf of said States, do hereby David Chote, R. Chamberlin. cede to said nation, a tract of country west of the Mississippi River, Nathaniel Tolsom, situate between the Arkansas and Red River, and boundedas Md. Mackey. follows:Beginning on the Arkansas River, where the lower boundary Lewis Lef to , line of the Cherokees strikes the same; thence up the Arkansas to the John Pito hlynn, United States interpreter, Canadian Fork, and up the same to its source; thence due South to the Will Tyrrell, assistant interpreter. Red River; thence down Red River, three miles below the mouth of Lit- tle River, which empties itself into Red River on the north side; thencea direct line to the beginning. 95

BEST COPY AVAILABLE iv 96 MT. 3. To prevent any dispute upon the subject of the boundaries ART. 4. AI those who have separate settlements, and fall within the dependence of the United States the forly-fifth. mentioned in the 1st and 2nd articles, it is hereby stipulated between limits of the land ceded by the Choctaw nation to the United States, and the parties, that the same shall be ascertained and distinctty marked by who desire to remain where they now reside, shell be secured in a tract Andrew Jackson, IL S ITicbehacubbee, his s mark, L S a Commissioner, or Commissioners, to be appointed by the United or parcel of land one mile square, to include their improvements. Any Thomas Hinds, IL S jSuttacanchthubbee, his x mark. L S States, accompanied by such person as the Choctaw nation may one who prefers removing, if he does so within one year from the date Commissioners, Capt Wiliam Beams, his x mark, L S Medal Mingoes. Captain James Pitchlynn. select; said nation having thirty days previous notice of the time and of this treaty, shall be paid their fun value, to be ascertained by two per- L S. place at which the operation will commence. The person so chosen by Puckshenubbee, his x mark, IL S ICapt James Garland. his x mark LS sons, to be appointed by the President of the United States. Pooshawattaha, his x mark, IL S the Choctaws, shall act as a pilot or guide, for which the United States Tapanahomia. his x mark, LS ART. 10. As there are some who have valuable buildings on the roads Mushulatubbee, his x mark, IL S Thlahorne, his x mark. LS will pay him two dollars per day, whilst actually engaged in the per- and elsewhere upon the lands hereby ceded, should they remove, it is Chiefs and warriors Tishotata, his x mark, LS formance of that duty. further agreed by the aforesaid Commissioners, in behalf of the United General Humming Bird. Inoque. his x mark. S ART. 4. The boundaries hereby established between the Choctaw In- States, that the inconvenience of doing so shall be considered, and his x mark, fL S latetoncubbee, his x mark. dians and the United States, on this side of the Mississippi river, shall such allowance made as will amount to an equivalent. For this purpose, James Harmon, his x mark. IL S Palochubbee. his x mark, LS remain without alteration until the period at which said nation shall there shall be paid to the Mingo, Puckshenubbee, five hundred dollars; Talking Warrior, ha x mark, S Jopanna his x mark. L S Little Leader, his x mark, IL S become so civilized and enlightened as to be made citizens of the to Harrison, two hundred dollars; to Captain Cobb, two hundred dollars; Captain Joel 11 Vail, LS Captain Bob Cole, his x mark, IL S Tapanastortaharnia, his x mark. LS United States, and Congress shall lay off a limited parcel of land for the to William Hays, two hundred dollars; to O'Gleno, two hundred dollars; benefit of each family or individual in the nation. Red Fort, or Oolatahooma. Hoopihomta. his x mark, L S and to all others who have comfortable houses, a compensation in the his x mark. IL S Chelutahome. his x mark, L S MT. 5. For the purpose of aiding and assisting the poor Indians, who same proportion. Choctawistonocka, his x mark, IL S Tuskiamingo, he x mark, L S wish to remove to the country hereby ceded on the part of the United ART. 11. It is also provided by the Commissioners of the United Ogleno, hiss mark. IL S Young Captain, his x mark. L S States, and to enable them to do well and support their families, the States, and they agree in behalf of said states, that those Choctaw Chuieta, his x mark. IL S Chiefs and warriors Commissioners of the United States engage, in behalf of said States, to Chiefs and Warriors, who have not receii,ed compensation for their ser- John Frazier, his x mark. IL S Hakatubbee. his x mark. L S give to each warrior a blanket, kettle, rifle gun, bullet moulds and nip- vices during the campaign to Pensacola, in the late war, shall be paid Oakchurnmia, his x mark. IL S Tishoo, his x mark. L S Nockestona, his x mark. pers, and ammunition sufficient for hunting and defence, for one year. whatever is due them over and above the value of the blanket, shirt, S Capt Bolt, his x mark. L S Chepahooma, his x mark, IL S Hopeanchahabee. his s mark. L. S Said warrior shall also be supphed with corn to support him and his fami- flap, and leggins, which have been delivered to them. ly, for the same period, and whilst traveling to the country above ceded Onanchahabee. his x mark, IL S Capt Bradley. his x mark, L S ART. 12, in order to promote industry and sobriety amongst all Copatanathoco, his x mark, IL S to the Choctaw nation. Capt Daniel MCurtain. classes of the Red people, In this nation, but particularly the poor, it is Atahobla, his x mark, IL S his x mark. L S MT. I. The Commissioners of the United States further covenant further provided by the parties, that the agent appointed to reside here, Opehoole, his x mark. IL S Mucklisahope, his x mark. L S and agree, on the part of said States, that an agent shall be appointed, shall be, and he is hereby, vested with full power to seize and con- Chetantanchahubbee, Nuckpullachubbee. in due time, tor the benefit of the Choctaw Indians who may be per- fiscate all the whiskey which may be introduced into said nation, except his x mark, IL S his s mark. L S manently settled in the country ceded to them beyond the Mississippi that used at public stands, or brought in by the permit of the agent, or Captain Lapels, his s mark. IL S George Turnbull, L S Panchahabbee, his x mark, IL S river, and, at a convenient period, a factor shall be sent there with the principal Chiefs of the three Districts Captain Thomas M Curtain, goods, to supply their wants. A Blacksmith shall also be settled Chuckahicka, his x mark. IL S his x mark. L S I ART. 13. To enable the Mirigoes. Chiefs, and Head Men, of the Tallahomia, his x mark, IL S amongst them, at a point most convenient to the population; and a Oakehonahonma, his x mark. L S ! Choctaw nation, to raise and organize a corps of Light-Horse, con- Totapia, his x mark, IL S Capt John Cairns. his x mark L S faithful person appointed, whose dutyit shall be to use every sisting of ten in each District, so that good order may be maintained, Hocktanlubbee, his x mark. IL S Topenastonahoorna, his x mark, L S ! reasonable exertion to collect all the wandering Indians belonging to the and that all men, both white and red, may be compelled to pay their just Tapawanchahubbee, his x markIL S Holatoharne, his x mark. L S Choctaw nation, upon the land hereby provided for their permanent set- debts, it is stipulated and agreed, that the sum of two hundred dollars Capt. Red Bird, his s mark, [L S Col Boyer. his x mark L S tfement. shall be approoriated by the United States, for each district, annually, Capt. Jerry Carney, his x mark. IL S Nolan tachanshahubbee, ART. 7. Out of the lands ceded by the Choctaw nation to the United and placed in the bands of the agent, to pay the expenses incurred in Chapanchahabbee, hiss mark,IL S his x mark, L S Tunnupnela, his x mark. States, the Commissioners aforesaid, in behalf of said States, further raising and establishing said corps; which is to act as executive of- IL S Chuckahabbee his x mark L S Ponhoopla, his x mark, [L S Washaschahope. his x mark L S I covenant and agree, that fifty-four sections of one mile square shall be ficers, in maintaining good order, and compelling bad men to remove Chatamakaha, has mark, IL S laid out in good land, by the President of the United States, and sold, Alex Hamilton, L S from the nation, who are not authorized to live in it by a regular permit Hapeahome, his x mark. IL S Capt Red Knife. his s mark L S 1 for the purpose of raising a fund, to be applied to the support of the from the agent. William Hay, his x mark, IL S Shapahroma. his x mark L S I Choctaw schools, on both sides of the Mississippi river. Three-fourths ART. 14. Whereas the father of the beloved Chief Mushuletubbee, of Captain Samuel Cobb, Capt Tonnanpoocha . of said fund shall be appropriated for the benefit of the schools here: the Lower Towns, for and during his life, did receive from the United his x mark. (L S his x mark, L S I and the remainiagjourth for the establishment of one or more beyond States the sum of one hundred and fifty dollars, annually; it is hereby Lewis Brashears. his x mark, IL S Mechamiabbee, his x mark L S I the Mississippi: th4vrtr6le to be placed In the hands of the President of stipulated, that his son and successor Mushulatubbee, shall annually Muckelehamia, he s mark, IL S Tuskanohamia, his x mark, L S 1 Capt. Sam Magee, his x mark. IL S the United States, and to be applied by him, expressly and exclusively, be paid the same amount during his natural life, to commence from the Tookatubbetusea his x mark. L S 1 Ticbehamia, his x mark. IL Wiliam Frye, his x mark, L S to this valuable object. ratification of this Treaty. Doctor Rod Bed, his x mark. IL S ART. O. To remove any discontent which may have arisen in the Greenwood Lenore, his x mark. L S I MT. 15. The peace and harmony subsisting between the Choctaw Oontoots, his x mark. IL S Archibald MaGee. his x mark, L S I Choctaw Nation, in consequence of six thousand dollars of their annui- Nation of Indians and the United States, are hereby renewed, con- PooshOulthabboe. his x mark, IL S Capt Ben Burns. his x mark. L S I ty having been appropriated annually, for sixteen years, by some of the tinued, and declared to be perpetual. Casania, his x mark, IL S Tusconotacca, his x mark. L S I chiefs, for the support of their schools, the Commissioners of the ART. 18. These articles shell take effect, and become obligatory on Joseph Nelson, his s mark, IL S Capt LewiS Perry. his x mark, L S United States oblige themselves, on the part of said States, to set apart the contracting parties, so soon as the same shall be ratified by the Unahubbee. his x mark, IL S Henekachubbee, his x mark. L S an additional tract of good land, for raising a fund equal to that given by President, by and with the advice and consent of the Senate of the Red Duck, his x mark, IL S Tussashamia his x mark. L S I Muttahubbee, his x mark. the said chiefs, so that the whole of the annuity may remain in thena- United States. S Capt Charles Durant, tion, and be divided amongst them. And In order that exact justice may Capt lhokahatubbee. his x mark. L S I In testimony whereof, the commissioners plenipotentiary of the his x mark, IL S Pere Durant, his x mark L S be done to the poor and distressed of said nation, it shall be the duty of United States and the Mingoes, head men, and warriors, of the Choc- the agent to see that the wants of every deaf, dumb, blind, and taw nation, have hereunto subscribed their names and affixed their distressed Indian, shall be first supplied c.t of said annuity, and the seals, at the place above written, this eighteenth day of October, in the balance equally distributed amongst every individual of said nation year of our Lord one thousand eight hundred and twenty, and of the in- 98 97 BEST COP ARTICLE 2. In consideration of the cession aforesaid, the United met:Stately paid to the Delegation, to be distributed by them to the Chiefs Witnesses present at sealing and signing: States do hereby agree to pay the said Choctaw Nation the sum of six and Warriors of their nation, who served In the campaign aforesaid, as thousand dollars, annually, forever; it being agreed that the said sum of may appear to them to be just. Saml. R. Overton, secretary to the commission, six thousand dollars shall be annually applied, mr the term of twenty ARTICLE 7. It is further agreed, that the fourth article 01 the treaty Eden Brashears, years, under the direction of the President of the United States, to the aforesaid, shall be so modified, as that the Congress of the United J. C. Bronaugh, assistant surgeon-general. S D.. U.S. Army, support of schools in said nation, and extending to it the benefits of in- States shall not exercise the power of apportioning the lands, for the H. D. Downs, struction in the mechanic and ordinary arts of life; when, at the expira- benefit of each family, or individual, of the Choctaw Nation, and of br- Wm. F. Gangent, tion of twenty years, it is agreed that the said annuity may be vested in inging them under the laws of the United States, but with the consent of Wm. M. Graham, first lieutenat, Corps of Artillery, stocks, or otherwise disposed of, or continued, at the option of the the Choctaw Nation. Andrew J. Donelson, brevet second lieutenant Corps of Engineers and Choctaw nation. ARTICLE I. ft appearing that the Choctaws have various claims aid-de-camp to General Jackson, ARTICLE 3. The eighth article of the treaty aforesaid having provided against citizens of the United States, for spoliations of various kinds, P. A. Vandom, that an appropriation of lands shall be made for the purpose of raising but which they have not been able to support by the testimony of white John H. Esty, six thousand dollars a year for sixteen years, for the use of the Choc- men, as they were led to believe was necessary, the United .States, in John Pitchtynn, United States interpreter, tayiNation; and it being desirable to avqid the delay and expense atten- order to a final settlement of all such claims, do hereby agree Rimy to M. Mackey, United States intérpreter, ding the survey and sale of said land; the United States do hereby the Choctaw Delegation, the sum of two thousand dollars, to be Edmund Faison*, interpreter, X, agree to pay the Choctaw Nation, in lieu thereof, the sum of six thou- distributed by them in such way, among the claimants, as they may James Hughes, sand dollars, annually, for sixteen years, to commence with the present deem equitable. It being understood that this provision is not to affect Geo. Fisher, year. And the United States further stipulate and agree to take im- such claims as may be properly suthenticated, according to the provi- Jas. Jackson, jr. mediate measures to survey and bring into market, and sell, the fifty sion of the act of 1802. four sections of land set apart by the seventh article of the treaty ARTICLE II .It is further agreed that, immediately upon the Ratification aforesaid, and apply the proceeds in the manner provided by the said of this Treaty, or as soon thereafter as may be, and agent shall be appointed for the Choctaws West of the Mississippi, and a Blacksmith be TREATY WITH THE CHOCTAW.1125. article. ARTICLE 4.1t is provided by the ninth section of the treaty aforesaid, settled among them, in conformity with the stipulation contained in the that all those of the Choctaw Nation who have separate settlements, sixth Article of the Treaty of 1820. Articles of a convention made between John C. Calhoun, Secretary of and fall within the limits of the land ceded by said Nation to the United ARTICLE 10. The Chief Puck-shemubbee, one of the members of War, being specially authorized therefor by the President of the United the Delegation, having died on his journey to see the President, and States, and the undersigned Chiefs and Head Mon of the Choctaw Na- States, and desire to remain where they now reside, shall be secured in a tract or parcel of land, one mile square, to include their improvements. Robert Cole being recommended by the Delegation as his successor, it tion of Indians, duly authorized and empowered by said Nation, at the is hereby agreed, that the said Robert Cc* shall reserve the medal City of Washington, on the twentieth day of January, in the year of our It is, therefore, hereby agreed, that all who have reservations in conformity to said stipulation, shall have power, with the consent of the which appertains to the office of Chief, and also, an annuity from the Lord one thousand eight hundred and twenty-five. President of the United States, to sell and convey the same in fee sim- United States, of one hundred and fifty dollars a year, during his natural ple, It is further agreed, on the part of the United Stares, that those life, as was received by his predecessor. Whereas a Treaty of friendship, and limits, and accommodation, hav- ARTICLE 11. The friendship heretofore existing between the United ing been entered into a Doake's Stand, on the eighteenth of October, in Choctaws, not exceeding four in number, who applied for reservations, and received the recommendation of the Commissioners, as per annex- States and the Choctaw Nation, is hereby renewed and perpetuated. the year one thousand eight hundred and twenty, between Andrew ARTICLE 12. These articles shall take effect, and become obligatory Jackson and Thomas Hinds, Commissioners on the part of the United ed copy of said recommendation, shall have the privilege, and the right is hereby given to them, to select, each of them, a portion of land, not on the contracting parties, so soon as the same shall be ratified by the States, and the Chiefs and Warriors of the Choctaw Nation of Indians; exceeding a mile square, any where within the limits of the cession of President, by and with the advice and consent of the Senate of the and whereas the second article of the Treaty aforesaid provides for a 1820, when the land is not occupied or disposed of by the United United States. cession of lands, west of the Mississippi, to the Choctaw Nation, In part In testimony whereof, the said John C Calhoun, and said delegates satisfaction for lands ceded by said Nation to the United States, ac- States: and the right to sell and convey the same, with the consent of the President, in fee simple, is hereby granted. of the Choctaw nation, have hereunto set their hands, at the city of cording to the first article of said treaty: And whereas, it being ascer- Washington. the twentieth day of January, one thousand eight hundred taMed that the cession aforesaid embraces a large number of settlers, ARTICLE 5. There being a debt due by individuals of the Choctaw and twenty-five. citizens of the United States; and it being the desire of the President of Nation to the late United States' trading house on the Tombigbee, the United States hereby agree to relinquish the same; the Delegation, on the United States to obviate all difficulties resulting therefrom, and also, J. C. Calhoun, to adjust other matters in which both the United States and the Choc- the part of their nation, agreeing to relinquish their claim upon the Mooshulatubbee, his x mark, United States, to send a factor with goods to supply the wants of the taw Nation are interested: the following artilles have been agreed Robert Cole, his x mark, upon, and concludel, between John C. Calhoun, Secretary of War, Choctaws west of the Mississippi, as provided for by the sixth article of Daniel McCurtain, his x mark, specially authorized therefor by the President of the United States, on the treaty aforesaid. Talking Warrior, his x mark, ARTICLE S. The Choctaw nation having a claim upon the United the one part, and the undersigned Delegates of the Choctaw Nation, on Red Fort, his x mark, States, for services rendered in the Pensacola Campaign, and for the other part: Nittuckachee, his x mark, ARTILCE 1. The Choctaw Nation do hereby cede to the United which it is stipulated, in the eleventh article of the treaty aforesaid, that David Folsom, his x mark, States all that portion of the land ceded to them by the second article of payment shall be made, but which has been delayed for want of the J. L. McDonald. the Treaty of Doak Stand, as aforesaid, lying east of a tone beginning on proper vouchers, which it has been found, as yet, impossible to obtain, the United States, to obviate the inconvenience of further delay, and to the Arkansas, one hundred paces east of Fort Smith, and running In presence of render justice to the Choctaw Warriors for their services in that cam- thence, due south, to Red river: it being understood that this line shall Thos. L. McKenney, paign, do hereby agree upon an equitable settlement of the same, and constitute, and remain, the permanent boundary between the United Hezekiah Miller, fix the sum at fourteen thousand nine hundred and seventy-two dollars States and the Choctaws: and the United States agreeing to remove John Pitchlynn, United States interpreter. such citizens as may be settled on the west side, to the east side of fifty cents; which, from the muster rolls, and other evidence in the said line, and prevent future settlements from being made on the west possession of the Third Auditor, appears to be about the probable amount due, for the services aforesaid, and which sum shall be im- 99reof.

BEST COPYAVAILABLE vi lUu TREATY WITH THE CHOCTAW, 1830.

A treaty of perpetual friendship. cession and knits, entered into by should this treaty be ratified, express a wish that Congress may grant ARTICLE XI. Navigable streams shall be free to the Choctaws who John M. Eaton and John Coffee, for and in behalf of the Government of to the Choctaws the right of punishing by their own laws, any whiteman shall pay no higher toll or duty than citizens of the U.S. It is agreed fur- the United States, and the Mingoes, Chiefs, Captains and Warriorsof who shall come into their nation, and infringe any of their national ther that the U.S. shall establish one or more Post Offices in said Na- the Choctaw Nation, begun and hold at Dencing Rabbit Creek,on the regulations. fifteenth of September, in the year eighteen hundred and thirty. tion, and msy establish such military post roads, and posts, as they ARTICLE V. The United States are obliged to protect the Choctaws ma: consider necessary. from domestic strife and from foreign enemies on the same principles ARTICLE XII. All intruders shall be removed from the Choctaw Nation Whereas the General Assembly of the State of Mississippi has ex- that the citizens of the United States are protected, so that whatever tended the laws of said State to persons and property within the and kept without it. Private property to be always respected and on no would be a legal demand upon the U.S. for defense or for wrongscom- occasion taken for public purposes without just compensation being chartered limits of the same, and the President of the United States has mitted by an enemy, on a citizen of the U.S. shall be equally binding in made therefor to the rightful owner. If an Indian unlawfully take or steal said that he cannot protect the Choctaw people from the operation of favor of the Choctaws, and in all cases where the Choctaws shall be any properly from a white man a citizen of the U.S. the offender shall be these laws; Now therefore that the Choctaw msy live under theirown called upon by a legally authorized officer of the U.S. to fight an enemy, punished. And if a white nun unlawfully take or steal any thing from an laws in peace with the United States and the State of MississiPist they such Choctaws shall receive the pay and other emoluments, which Indian, the property shall be restored and the offender punished. It is have determined to sell their lands east of the Mississippi and haveac- citizens of the U.S. receive in such cases, provided, no war shall be cordingly agreed to the following articles of treaty: further agreed that when a Choctaw shall be given up to be tried for any undertaken or proeecuted by said Choctaw Nation but by declaration offence against the laws of the U.S. if unable to emOlOy counsel to de- ARTICLE I. Perpetual peace and friendship is pledged and agreed made in full Council, and to be approved by the U,S. unless it be in self fend him, the U.S. will do it, that his trial may be fair and impartial. upon by and between the United States and the Mingoes, Chiefs, and defence against an open rebellion or against an enemy marchiritrinto ARTICLE XIII. It is consented that a qualified Agent shall be ap- Warriors of the Choctaw Nation of Red People: and that this msy be their countrY, in which cases they shall defend, until the U.S. are advis- pointed for the Choctaws every four years, unless sooner removed by considered the Treaty existing betwenn the parties/aIl other Treaties ed thereof. the President; and he shall be removed on petition of the constituted heretofore exiating and inconsistent with the provisions of thisare ARTICLE VI. Should a Choctaw or any party of Choctaws commit hereby declared null and void. authorities of the Nation, the President being satisfied there is sufficient acts of violence upon the person or property of a citizen of the U.S. or cause shown. The Agent shall fix his residence convenient to the great ARTICLE II. The United States under a grant specially to be made by foin any war party against any neighbouring tribe of Indians, without the body of tha peools, and in the selection of an Agent immediately after the President of the U.S. shall cause to be conveyed to the Choctaw authority in the preceeding article; and except to oppose an actualor the ratification of this Treaty, the wishes of the Choctaw Nation on the Nation a tract of country west of the Mississippi River, in fee simple to threatened invasion or rebellion, such person so offending shall be subject shall be entitled to great respect. them and their descendants, to inure to them while they shall existas a delivered up to an officer of the U.S. if in the power of the Choctaw Na- nation and live on it, beginning near Fort Smith where the Arkansas ARTICLE XIV. Each Choctaw head of a family being desirous tore- tion, that such offender may be punished as may be provided in such main and become a citizen of the States, shall be permitted to do so, by boundary crosses the Arkansas River, running thence to thesource of cases, by the laws of the U.S.; but, if such offender is not within the the Canadian fork; if in the limits of the United States, or to those limits; signifiying his intention to the Agent within six months from the ratifica- control of the Choctaw Nation, then said Choctaw Nation shall not be tion of this Treaty, and he or she shall thereupon be entitled to a reser- thence due south to Red River, and down Red River to the west boun- held responsible for the iniury done by said offender. vation of one section of six hundred and forty acres of land. to be dary of the Territory of Arkansas: thence north along that line to the ARTICLE VII. AN acts of violence committed upon persons and pro- beginning. The boundary of the same to be agreeably to the Treaty bounded by sectional lines of survey; in like manner shall be entitled to perty of the people of the Choctaw Nation either by citizens of the U.S. one half that quantity for each unmarried child which is living with him made and concluded at Washington City in the year 1825. The grant to or neighbouring Tribes of Red People, shall be referred to some over ten years of age; and a quarter section to such child as may be be executed so soon as the present Treaty shall be ratified. authorized Agent by him to be referred to the President of the U.S. who under 10 years of age, to adjoin the location of the parent.If they ARTICLE NI. In consideration of the provisions contained in the shall examine into such cases and see that every possible degree of several articles of this Treaty, the Choctaw nation of Indians consent reside upon said lands intending to become citizens of the States for justice is done to said Indian party of the Choctaw Nation. five years after the ratification of this Treaty, in that case a grant in fee and hereby cede to the United States, the entire country theyown and ARTICLE VIII. Offenders against the laws of the U.S. Of any individual simple shall issue; said reservation shall include the present possess, east of the Mississippi River; and they agree to move beyond improve- State shall be apprehended and delivered to any duly authorizedper- ment of the head of the family, or a portion of it. Persons who claim the MississipPi River, early as practicable, and will soarrange their son where such offender may be found in the Choctaw country, having under this article shall not lose the privilege of a Choctaw citizen, but if removal, that as many as possible of their people not exceedingone fled from any part of U.S. but in all such cases application mustbe they ever remove are not to be entitled to any portion of the Choctaw half of the whole number, shall depart during the falls of 1831 and made to the Agent or Chiefs and the expense of his apprehensionand annuity. 1832; the residue to folow during the succeeding fall of 1833;a bet- delivery provided for and paid by the U. States. ARTICLE XV. To each of the Chiefs in the Choctaw Nation (to wit) ter opportunity in this manner will be afforded the Government, toex- ARTICLE IX. Any citizen of the U.S. who may be ordered from the tend to them the facilities and comforts which it is desirable should be Greenwood Laflore, Nutackachie, and Mushulatubbe there is granteda Nation by the Agent and constituted authorities of the Nation and refus- reservation of four sections of land, two of which shall include and ad. extended in conveying them to their new homes. ing to obey or return into the Nation without the consent of the join their present improvement, and the other two located where they ARTICLE IV. The Government and people of the United States are aforesaid persons, shall be subject to such pains and penaltiesas may hereby obliged to secure to the said Choctaw Nation of Red PrroPle please but on unoccupied unimproved lands, such sections shall be the be provided by the laws of the U.S. in such cases. Citizens of the U.S. bounded by sectional lines, and with the consent of the President they jurisdiction and government of all the persona and property thatmay be travelling peaceably under the authority of the laws of the U.S shallbe may sell the same. Also to the three principal Chiefs and to their suc- within their limits west, so that no Territory or State shall ever havea under the care and protection of the nation. right to pass laws for the government of the Choctaw Nation of Red cessors in office thereeshall be paid two hundred and fifty dollars an- ARTICLE X. No person shall expose goods or other article for sale as nually while they shall continue in thier respective offices, except to People and their descendants; and that no part of the land granted a trader, without a written permit from the constituted authorities of the Mushulatubbe, who as he has an annuity of one hundred and fifty them shell ever be embraced in any Territory or State: but the U.S. shall Nation, or authority of the laws of the Congress of the U.S. under penal- dollars for life under a former treaty, shall receive only the additional forever secure said Choctaw Nation from, and against, all laws except ty of forfeiting the Articles, and the constituted authorities of the Nation such as from time to time may be enacted in their sum of one hundred dollars, while he shall continue in office as Chief; own National Coun- shalt grant no license except to such persons as reside in the Nation and if in addition to this the Nation shall think proper to elect cils, not inconsistent with the Constitution, Treaties, and Laws of the an addi- and are answerable to the laws of the Nation. The U.S. shall be Par- tional principal Chief of the whole to superintend and United States; and except such as may, and which have been enacted govern upon ticularly obliged to assist to prevent ardent spirits from being introduced republican principles he shall receive annually for his services five hun- by Congress, to the extent that Congress under the Constitution arere- into the Nation. dred dollars, which allowance to the Chiefs and their quired to exercise a legislation over Indian Affairs. But, the Choctaws. successors in office, shall continue for twenty years. At any time whenin military ser- 10 2 vil 101 BEST COPY MAILABLE vice, and while in service by authority of the U.S. the district Chiefs quarter sections after the manner aforesaid to each head of a family not ARTICLE XXI. A few Choctaw Warriors yet survive who marched and under and by selection of the President shall be entitled to the pay of exceeding four hundred and sixty, as shall have cultivated thirty acres fought in the army with General Wayne, the whole number stated not to Majors the other chief under the same circumstances shall have the and less then fifty, to be bounded by quarter section lines of survey, exceed twenty. pay of a Lieutenant Colonel. The Speakers of the three districts, shall and to be contiguous and adjoining. These it is agreed shall hereafter, while they live, receive twentyfive receive twentyfive dollars a year for four years each; and the three Third: One half section as aforesaid to those who shall have dollars a year; a list of them to be early as practicable, and within six secretaries one to each of the chiefs, fifty dollars each for four years. cultivated from twenty to thirty acres the number not to exceed four months, made out, and presented to the Agent, to be forwarded to the Each Captain of the Nation, the number not to exceed niraty nine, hundred. Fourth; a quarter section as aforesaid to such as shall have War Departfraint thirtythree from each district, shall be furnished upon removing to the cultivated from twelve to twenty acres, the number not to exceed three ARTICLE XXII. The Chiefs of the Choctaws who have suggested that West, with each a good suit of clothes and a broad sword as an outfit, hundred and fifty, and one half that quantity to such as shall have their people are in a state of rapid advancement in education and refine- and for four years commencing with the first of their removal, shall each cultivated from two to twelve acres, the number also not to exceed ment, and have expressed a solicitude that they might have the receive fifty dollars a year, for the trouble of keeping their people at three hundred and fifty persons. Each of said class of cases shall be privilege of a Delegate on the floor of the House of Representatives ex- order in settling; and whenever they shall be in military service by subject to the limitations contained in the first class, and shall be so tended to them. The Commissioners do not feel that they can under a authority of the U .S shall receive the pay of a captain. located as to include that part of the improvement which contains the treaty stipulation accede to the request, but at their desire, present it in ARTICLE XVI. In wagons; and with steam boats as may be found dwelling house. If a greater number shall be found to be entitled to the Treaty, that Congress may consider of, and decide the application. necessarythe U.S. agree to remove the Indians to their new homes at reservations under the several classes of this article, than is stipulated Done, and signed, and executed by the commissioners of the United their expense and under the care of discreet and careful persons, who for under the limitation prescribed, then and in that case the Chiefs States, and the chiefs, captains, and head men of the Choctaw nation, will be kind and brotherly to them. They agree to furnish them with am- separately or together shall determine the persons who shall be exclud- at Dancing Rabbit creek, this 27th day of September, eighteen and thri- ple corn and beef, or pork for themselves and families for twelve mon- ed in the respective districts. ty. ths after reaching their new homes Fifth: Any Captain the number not exceeding ninety persons, who IL S IYobalarunehahubbee. his x markIL S It is agreed further that the U.S will take all their cattle, at the valua- under the provisions of this article shall receive less than a section, he Jno. H Eaton, Jno Coffee. IL S IHolubbee, his x mark, IL S tion of some discreet person to be appointed by the President, and the shall be entitled, to an additional quantity of half a section adjoining to Greenwood Lef lore. IL SIRobert Cole. his x mark, IL S. same shall be paid for in money after their arrival at their new homes; or his other reservation. The several reservations secured under this arti- Musholatubbee. his x mark. IL S IMokelareharhopin, his x mark. IL S other cattle such as may be desired shall be furnished them, notice be- cle, may be sold with the consent of the President of the U.S but Nittucachee. his x mark. IL S 1Artonamarstubbe. his x mark. IL S ing given through their Agent of their wishes upon this subject before should any prefer it, or omit to take a reservation for the quantity he may Holarterhoomah. his x mark. IL S ;Lewis Perry, his x mark, IL S thier removal that lime to supply the demand may be afforded. be entitled to, the U.S. will on his removing pay fifty cents an acre, after Hopiaunchahubbee, his x mark.IL S IHopeatubbee his x mark, IL S ARTICLE XVII. The several annuities and sums secured under reaching their new homes, provided that before the first of January next Zishomingo. his x mark. IL S I Hoshahoomah, his x mark. IL S It. S former Treaties to the Choctaw nation and people shall continue as they shall adduce to the Agent, or some other authorized person to be Captainthalke, his x mark, IL S IChuallahoomah, his x mark. James Shield, his x mark. IL S IJoseph Kincaide, his x mark, IL S though this Treaty had never been made appointed, proof of his claim and the quanitity of it.Sixth: Likewise Pistiyubbee. his x mark. IL S IEyarhocuttubbee. his x mark. IL S And it is further agreed that the U.S. in addition will pay the sum of children of the Choctaw Nation residing in the Nation, who have neither Hopiamtushker, his x mark IL S Hiram King his x mark. IL S twenty thousand dollars for twenty years, commencing after their father nor mother a list of which, with satisfactory proof of Parentage Aryoshkermer, his x mark. IL S IOgla Enlah his x mark, IL S removal to the west, of which. in the first year after their removal, ten and orphanage being filed with Agent in six months to be forwarded to Shemotar, his x mark. IL S 1Nultlahtubbee, his x mark. IL S thousand dollars shall be divided and arranged to such as may not the War Department, shall be entitled to a quarter section of Land, to be Hopiaisketina, his x mark. IL S 1TuskaHoNaituh, his x mark. IL S receive reservations under this Treaty. located under the direction of the President, and with his consent the Thomas Lefore. his x mark, IL S 1Kothoantchahubbee, his x mark. IL S ART, XVIII. The U.S. shall cause the lands hereby ceded to be same may be sold and the proceeds applied to some beneficial our- Arnokechatubbee, his x mark. IL SiEvarpulubbee, hiss mark. IL S Okentahubbe, his x mark, IL S surveyed: and surveyors may enter the Choctaw Country for that purpose for the benefit of said orphans. Shokoperlukna. his x mark IL S I IL S Living War Club. his x mark, IL S pose, conducting themselves properly and disturbing or interrupting ARTICLE XX. The U.S. agree and stipulate as follows, that for the Posherhoomah, his x mark. Robert Folsom, his x mark. IL S John Jones, his x mark. IL S none of the Choctaw people. But no person is to be permitted to settle benefit and advantage of the Choctaw people. and to improve their con- Arharyotubbee. his x mark IL S CnarlesJones, his x mark. IL S within the nation, or the lands to be sold before the Choctaws shall dition, their shall be educated under the direction of the President and Kushonolarter, his x mark. IL S Isaac Jones. his x mark. IL S remove. And for the payment of the several amounts secured in this at the expense of the U.S. forty Choctaw youths for twenty years. This James Vaughan. his x mark IL S Hocklucha, his x mark. (L S Treaty, the lands hereby ceded are to remain a fund pledged to that number shall be kept at school, and as they finish their education Phiplip, his x mark. IL S Muscogee. his x mark, IL S purpose. until the debt shall be provided for and arranged. And further it others, to supply their place shall be received for the period stated. The Meshameye, his x mark. IL S Eden Nelson. his x mark, IL S is agreed. that in the construction of this Treaty wherever well founded U.S. agree also to erect a Council House for the Nation at some conve- lshteheka, hiss mark, IL S Heshohomme. his x mark. IL S (L S doubt shall arise, it shall be construed most favorable towards the nient central point, after their people shall be settled; and a House for lyacherhopia, his x mark IL S John McKolbery. his x mark, Otfahoomah, his x mark. IL S Sewn James, his x mark, IL S Choctaws each Chief, also a Church for each of the three Districts, to be used Archalater, his x mark. IL S Tikbachahambe, his x mark. IL S ARTICLE XIX. The following reservations of land are hereby admit- also as school houses, until the Nation may conclude to build others; Onnahubbee. his x mark. IL S Aholiktube, his x mark. IL S ted. To Colonel David Fulsom four sections of which two shall include and for these purposes ten thousand dollars shall be appropriated; also Pisinhocuttubbee, his x mark. IL S Walking Wolf. his x mark. IL S his present improvement, and two may be located elsewhere, on unoc- fifty thousand dollars (viz.) twenty-five hundred dollars annually shall be Tullarhacher, his x mark. IL S John Waide, his x mark, IL S cupied, unimproved land. given for the support of three teachers of schools for twenty years. Little leader, his x mark, IL S Bog Axe. his x mark, IL S To I. Garland, Colonel Robert Cole, Tuppanahomer. John Pytchlynn. Likewise there shall be furnished to the Nation, three Blacksmiths one Maanhutter, his x mark. IL S Bob, his x mark, (L S Charles Juzan, Johokebetubbe, Eaychahobia. Ofehoma, two sections. for each district for sixteen years, and a qualified Mill Wright for five Cowehoomah. his x mark IL S Tushkochaubbee. his x mark, IL S IL S each to include their improvements, and to be bounded by sectional years: Also there shall be furnished the following articles, twenty one Tillarnoer. his x mark, IL S Ittabe. his x mark, IL S Tishowakayo. his x mark. IL S lines, and the same may be disposed of and sold with the consent of hundred blankets, to each warrior who emigrates a rifle, moulds, wipers Imnullache. his x mark, Artopilachubbee, his x mark. IL S Folehornmo, his x mark, IL S the President And that others not provided for, may be provided for, and ammunition. One thousand axes, ploughs. hoes, wheels and cards Shupherunchahubbee. John Garland, his x mark. IL S there shall be reserved as follows: each; and four hundred looms. There shall also be furnished, one ton of his x mark. IL S Koshona, his x mark. IL S First. One section to each head of a family not exceeding Forty in iron and two hundred weight of steel annually to each District for six- Nitterhoomah, his x mark, IL S Ishleyohamube. hiss mark, IL S number, who during the present year. may have had in actual cultiva- teen years. Oaklaryubbee. his x mark, IL S Jacob Folsom. IL S tion, with a dwelling house thereon fifty acres or more. Secondly, three Pukumna, his x mark. IL S William Foster IL S 103

8EST COPY AVAILABLE viii 1 u4 Al Pastier, his x mark, IL S.]Oneoerharcho. his x mark. (L S SUPPLEMENTARY ARTICLES TO THE PRECEDING TREATY. Holber, hie x mark. IL S.IHugh A. Foster, (L S residing out of the nation and her two fatherless children and to the Hopsmiingo, his x mark, IL. S IPierre Juzan, IL S Various Choctaw persons have been presented by the Chiefs of the widows of Pushmilaha, and Pucktshenubbee, who were formerly laPerhoomah, he x mark. (L S.]Jno Pitchlynn, jr IL S nation, with a desire that they might be provided for Being particularly distinguished Chiefs of the nation and for their children tour quarter Tieberhoornah, his x mark. (L. S .1 David Folsom, IL S deserving, an earnestness has been manifested that provision might be sections of land, each in trust for themselves and their children Tiahoholarter. his x mark. (L. S.)Sholohommastube. made for them. It is therefore by the undersigned commissioners here All of said last mentioned reservations are 10 be located under and by Mahayarchubbee. his x mark. (L. S 1 his x mark. IL S assented to, with the understanding that they are to have no interest in ArtooklubbitushPar, Tesho, his x mark, IL S direction ot the President of the U States his x mark, (L. S ILauwechubee, his x mark. IL S the reservations whichAre directed and provided for under the general ARTICLE III. The Choctaw people now (hal they have ceded their Metubbee, his x mark, (L. S.IlL S 1Hoshehammo, his x mark. IL S Treaty to which this is a supplement. lands are solicitous to get to their new homes early as possible and ac Arsarkatubbee. his x mark, IL. S.1Ofenowo, hiss mark, IL S As evidence of the liberal and kind feelings of the President and cordingly they wish that a party may be permitted to proceed this tutt to Issaterhoomah, his x mark, IL S.IAhekoche, his x mark. IL S Government of the United States the Commissioners agree to the re- ascertain whereabouts will be most advantageous for their people to be Cholgahumatahah, his x mark. IL. S IKaloshcube. his x mark, (L S quest as follows, (to wit) Pierre Juzan. Peter Pitchlyrin, G W Harkins, located Tunnuppashubbee. his x mark.IL S IAtoko. his x mark, IL S Jack Pitchlynn, Israel Fulsom. Louis Laflore, Benjamin James, Joel H Okocharyer, his x mark. It is therefore agreed that three or four persons (from each ol the (L. S IIshtemeleche. his x mark, IL S Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore Hoshhopia, his x mark. IL S three districts) under the guidance of some discreet and well qualified Enthhotohabe, his x mark, IL S and Allen Yates and wife shall be entitled to a reservation of two sec- Warsharshahopia, his x mark. IL S ISilas D. Fisher, his x mark. IL S person or persons may proceed during this fali to the West upon an ex tions of land each to include thier improvement where they at present Maarashunchahubbee, Isaac Folsom. his s mark, (L S amination of the country his x mark, IL S IHekatube, hie x mark. IL S reside, with the exception of the three first named persons and Ben- For their time and expenses the 1,1Stales agree 10 allow the said Misharyubbite. hiss mark, IL S IHakseche, his x mark. IL S jamin Laflore, who are authorized to locate one of tneir sections on any twelve persons two dollars a day each, not to exceed one hundred Daniel MCCurtain, his x mark. (L. S ,:erry Carney, his x mark. IL S other unimproved and unoccupied land, within their respective districts. days, which is deemed to be ample time to make an examination Tushkerharcho. his x mark. IL S.1John Washington, his x mark. IL S ARTICLE H. And to each of the totlowing persons there is allowed a II necessary, pilots acquainted with the country will be furnished Hoktoontubbee, his x mark. IL. S IPanshastubbee, his x mark. S reservation of a section and a half of land, (to wit) James L. McDonald, Nuknacrahookmarhee, when they arrive in the West P P. Pitchlynn. his x mark. (L S Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn his x mark. IL. S.1Joel H Nail, his x mark. ARTICLE IV.John Donly of Alabama who has several Choctaw S Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans. Mingo hoomah, his x mark, IL S IHopi' Stonakey. his x mark, IL S grand children, and who for twenty years has carried the maii through James Karnes, his x mark, IL S IKocohomrna. his x mark, IL S Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas the Choctaw Nation, a desire by the Chiefs is expressed that he May Tishohalcubbee, his x mark. IL. S IWilliam Wade, his x mark, (L S Garland, John Bond, William Laflore, and Turner Brashears, the two have a section of land, it is accordingly granted. to be located in one en Narlanalar, his x mark, IL S 1Penshstickubbee, his x mark. (L S first named persons, may locate one section each, and one section tire section, on any unimproved and unoccupied land Pennasha, his x mark, IL S IHofittankchahubbee. his x mark, 11_ S jointly on any unimproved and unoccupied land, these not residing in Allen Glover and George S Gaines licensed Traders in the Choctaw Inharyarker, his x mark, IL. S IOklmnowa, his x mark. IL S the Nation; The others are to include their present residence and im- Nation, have accounts amounting to upwards of nine thousand dollars Mottubbee. his x mark, IL S INeto, his x mark, IL S provement. Narharyubbee, his x mark, against the Indians who are unable to pay their said debts without IL S IJames Fletcher, l'vs x mark, IL S Also one section is allowed to the following persons (to wit) Mid- Ishrnaryubbire, his x mark. IL. S ISilas D Pitchlynn, IL S distressing their families, a desire is expressed by the chiefs that two dleton Mackey, Wesley Train, Choclehomo, Moses Foster, D W Wall, James McKing, IL S William Trahom. his x mark, (L S sections of land be set apart to be sold and the proceedS thereof 10 be Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan Lewis Wilson, his x mark, IL S.]Toshkahemmitto, his x mark. (L S applied toward the payment of the aforesaid debts It is agreed that two Istonarkerharcho, hiss mark, (L S ITettitayo, his x mark, S. James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and sections of any unimproved and unoccupied land be granted to George Hotionsharnartarher, his x mark, (L. S IEmokloshahopie. hiss mark. IL S Polly Fillecuthey, to be located in entire sections to include thier pre- S. Gaines who will sell the same for the best price he can obtain and ap- Kinsulachubbee. his x mark, IL. S ITishhomita. hiss mark. IL S sent residence and improvement, with the exception of Molly Nail and ply the proceeds thereof to the credit of the Indians on their accounts Ernarhinstubbee, hie x mark, IL. S Thomas W Foster, his x mark, IL S Susan Colbert, who are authorized to locate theirs, on any unimproved due to the before mentioned Glover and Gaines, and shall make the ap- Gysalndalra, bm, hos x mark, IL S.]Zadoe Brashears, his x mark. IL S unoccupied land. Thomas Wall. plication to the poorest Indian first IL S Levi Perkins, his x mark, IL S John Pitchlynn has long and faithfully served the nation in character Sam S. Worcester, IL. S IIsaac Perry, his x mark. IL S At the earnest and particular request of the Chief Greenwood Laflore of U. States Interpreter, he has acted as such for fourty years, in con- Arlartar. his x mark, IL. S IIshlonocka Hoomah, his x mark, IL S there is granted to David Haley one halt section ot land to be located in Nittahubbee, his x mark, (L. S.] sideration it is agreed, in addition to what has been done for him there a half section on any unoccupied and unimproved land as a compensa- Tishonouan, his x mark, IL S.1 shall be granted to two of his children, (to wit) Silas Pitchlynn. and tion, for a tourney to Washington City with dispatches to the Govern- Warsharchhoornah, his s mark.IL S 1 Thomas Pitchlynn one section of land each, to adjoin the location of ment and returning others to the Choctaw Nation Isaac James. his x mark. IL. S.] their father: likewise to James Madison and Peter sons of Mushulatub- The foregoing is entered into, as supplemental to the treaty conclud- bee one section of land each to include the old house and improvement ed yesterday In presence of where their father formerly lived on the old military road adjoining a large Done at Dam. Rabbit creek the 28th day of September. 1830 E. Breathitt. secretary to the Commission. Prairie. WOliom Word, agent for Choctaws. And to Henry Groves son of the chief Natticache there is one section Jno H Eaton, IL S IRobert Cote he x mark ; John Pitchlyn, United States interpreter. of land given to adjoin his father's land. Jno Coffee. IL SIHopiaunechahubbee he x Mark ItS Ai. Mackay, United States interpreter, And to each of the following persons half a section of land is granted Greenwood Lenore IL S Davin Folsom ; Geo S. Gaines, of Alabama, on any unoccupied and unimproved lands in the Districts where they Nittucachee, hiss mark IL S IJohn Garland he x mark IL ; R. P. Cumn, respectively live (to wit) Willis Harkins, James D Hamilton. William Mushuletubbee, his x mark R. S Hoptahoomah his x mark ! Luke Howard, Oftehoomah. his x mark x mark Juzan, Tobias Lenore, Jo Doke, Jacob Fulsorn, P. Hays, Samuel IL S ICaptain Thaw 1 ' Sam S Worcester, Worcester, George Hunter, William Train, Robert Nail and Alexander Eyarhoeultubbee his x mark IL S IPierre Juran Jno. N Bym. lyasherhopia his x mark IL S IImmarstarher he, x mark McKee. S JOhn Holubbee, hiss mark. IL S IHoshimhamartar x mark Jno. Bond And there is given a quarter section of land each to Delila and her five Onarhubbee. his x mark. ,L S fatherless children, she being a Choctaw woman residing out of the nation; also the same quantity to Peggy Trihan, another Indian woman 106 'is ix BEST COPY AVAILABLE APPENDIX 2

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1111i111 lo Intatitmoinlo IIItilt, N/liwayaliot Kahl of Clio, 1,10, 1111111111111, W1111 411,111 rail VO 1111111 111`, ,411111/11'4111 11111y 111111111111111111101110(1 Sot' 4 I/I sill triton colon II Mot Immo tho porhoit lit, orly1110 1110 01 1110 1111%1 butlutbib tiltit holtIto, oppoittloo hholl hluiblil istbililtibit 51tI told 110011411' itt vtIltIN Ito ti inytitt pooilion ilholl iloolortut Mot lot) lopitomut Illo holm, I thillltlillIllyult1I Ihil1110 11101111101 WI10 V111314111 b11/t Not' htin tho Moulton of tho motion tilmtionu Ii ARTICLE IV GOVERNING SODY OW41111111 ithinifity of tho tottil vottoi mot lot oll t otitlitIolto. tio dot hood thit !itu I I ho Mumumilipt I lillttl of I ;Mu low Dubow, ho piwtotoill thrall t'lliofIII tho ovonl tthtll flo ;Rohm, owto, miloolly to Out 1001 lit yin Mit y ittI 1114 m Ills tilionhollihip lit Mt, Itthol t not II

by it Mho! num 0 ontl it Ilillillt him WhluildI powom oft, ontimotototl hi vtarni catilhlin IvVti callilattato, lot oltantj Iliti blb4llIs1 marital/ of voloN ,11111 moot Moil ono I I ) ytiltI W111101,1 III lint ItilI11 til 111;0111)0f 0/110114h At liultoi VIII ontl IX hotoin nhall 110 111 n run MI Mot tonI hiu, not tut olio low hholl Int hold Vol skull ho, ;minium tho Mho! i 11usd i,11,111 *Moil ',oil), pit)) ilayn1 01141') u111111111111y v1111114111 11111111111141111,1h11111 whtliiit Unity O(l) ot tho itlithil Mot lion (V flItoit, two I ontlitiloh lho 10 I it, hold 1 lithi i,t1 1,Iot taut in 1110 t'oulica !atoll to quota ol 0100011 111111t11t1111,111y11., !nit ono who 101 01v104 ii 11101001y 01 MO 101111 t With In titti buuii 1111 Ont. li )101110.10 01 1111100 1110 Vult ill1i ihtiItiiiIiuIy Itt1111 1110 t) tut .t1()Ilitthl ClInult1W i onlItlunlIltI4 lit It IWO N114111 lin tInt Ititoil Ifni 11111,11, Hof

414111 lun It, ni, lilt, .1 i 1 iilh'hlliijitt 1.101.1111t1I1011 ON 14 IttlyninitiltII 197 BEST COPYAVAILABLE .08 ANTICLI POVAINS AND MIMI OF MI TONAL COUNCIL Serl 3X e tetteMoy Mtn in tho Oho of tribal Chi& and lees No Sea I The leolalallye power of the MiefeellIOPISenn of Chbotew (m) To estebileh end enforce onerienceo one (1) year Metairie Of NO terM 01011105, the office shall outOmoticoNy Indiens is vosted in Mu tribet council end shell be governing the COnduct be Mod by MO virwohlel of the Mb& council reretolsod in so, ol tribre member*, providing tor the credence with Mil constitution and bylaws ond the Constitution meintenence 01 low, end order, end the odminIstrotion of lotto,reguleting wholes**, SOO 4 LAWN Of tho United Stales applicable to Indian tribes In addition II al ingivety occurs In the office of tribol chief end more then to user retool, cominwelel, or industrial octivitieoon Ifibre lands, One (I) yliar WOW* Of hie terra of onioe, the Whet council sholl. within hietnit goy other lowful logIstotive power of the NlississiPpi Send 01 establishing a tribot count, end defining thepowers end dutios sixty (601days, cause to be held a Spec(al election in which sit qualified Chootow Indiene, the tribal cowmen* ompowered of thst court, sub)end to the epprovel of theSecretory ot the voters of the tribe may poi naked* for the purport of fillingvocenty Interior where suoti epprovel ie required le) To negotisto with end to epprove or dieopprove contleoteor by fedurel low Tho Mee ylOwchief shell serve am etre OW during tho mood ot such egreements wIth redone, Stele, or locol governments, with (n) vationoy untilnow tribal Ohlet is *looted ond seeted to estebliett e beteo deportmentol structurefor thp robvi privet* persons, or with corporste boners government executive brench 600 bIt s vocenoy Ovoure in the OW0 of vent chitin Or of the lb) To spprove or disepprove piny ale, resposition,loess Of (o) georolary4ferteurer of the UMW council, ouch e vordinoy May be titled To establish policies MON lo loholeconomy Where And encumbrance ot WWI fonds, lotteries in fond, mbe fund*, by the counON by electron of one of Ito members to th* office or ontertmisse in eccordence with this constitution sod other Intent s000to bylews (el To Peso soy ordinonces end nesolutIone SrOci 6 Any membor Of the elbel Overrate-Mt (Including the OMNI el) noceesory or To estebbell pioceduresforth cooduct ofoiltobsi rderof end members of the UMW 000 or Noy employoe of tho incidentol to the rowels of soy of tho foregoingpowers trod downtown end Mimeo* operetions, including rho rogutotioo N.Ifireselpoi bend of Choolow Indigos, who, dwelt* teotaor which he dollop of conflict of interest and nepotiom 10 elected or oppointad, is convicted of nx felony WWI be eublect . to (o) To do such sole of e governmontol sod removel from hi* Oho by ection of the tribel Ootincil WI 1 o undvioe tho Sticrolmy id the Interior with NOW memo nu* we region to oil not prohibited by eppliorale lewn Or by I&constitution end 0100f0Orletion witimotoe of Wien° promote for tho benefit of loo 7Any of tho Seven I?) racognOod Choclow coromunItios bylows the killsoloolppi fiend of Choctew Million poor to Ono repreeented on tho frame council may prietion lor the moll of e membor /whose Won of such ostimoloo to the (Mice ot Memetwoont (r) to lovy mod collect bores god olio It hes Owned by Ofeliellting, ct lei:st Ws months prior to Ma expiretion end leV000 10 Meet 14 HAW sod to Congross moods of Iter tribe or to support tribiegovomment opeoitione of much mombera term of ranee. s petition Wooed by et Weetfort/ per cent (40%1 of tho eligible votero In Mat community Within sixty (60) (n) To employ end pew *gel counsol, sublect In the opprovol of AISTICLII IX POWINS AND QUM OF THIt CHIEF days Mu tribe) council shell mole to be held e opocee eloction on tho tha Nocrolef y of tha Ulterior so king cc Mut awn*le me mitred by I edema leer ;AgoI question of moon No council momber Orel bo recellod exopl by the 1ho M41411001 of ths Mosiosippi Send ribChoclow indione effirmstive vote of e moldy of throw voting in en elochon in which el WWI hove the following exiscutivo powers sodMilers ouleoct to efly (1) To eppropooto nvoiloblo tritud rands for the Neural ol the tribe exact seventy livo precool (71S%) of the persons eligiblo to vole ihoil Ilmitation unpood by tho stolutrimor tho Coolitution of Ms Milord hovo voted Should the moll be epprovod by the voters, erector VI, or of coy of Its communitipe %too or by this conelitution sod bylowo Sections I end 2, Above, ohne epply (0) Toimprove orOlsson( owl operatinghicluatsmbar (n) To spore cs 1110 poncipol executive onion of the Sec 6 submittal*, try Om tnibel cher! Mho ond se The eibol council may remove council Ohm* from office herel of the emorrative branch of the bibleuoverrallent for moo by Iwo thirds (2AI) Mr/ tho council members etc mottling (h) in opprove of itlespproveli ant-Alone rim ttinhtIrsleb001 of sit which o quorum is present, but con methre herninote not WW1 their ttrl to Ceti y out policies oirloblishol I by Me tritontmuncil halet ItInds (Of Mono under the contifil Of the Who)not &Wu* fro cmincil noontide through such motion1 tel UMW council shod spetilicatly eppropristed rim eothteuett in e hteloot 01 To nogotedis cootmote or nOtwelltetits with tho methods by which this romovol from offico rimy Ow carried approved riderte, Mohr, tit by the ti and OOniii lOnoe uovenunente, onvt,la pet None, Out or corporate bodies cod to Auteuil thrum to the tritue council tor improvet (0 It/ W410110111 Mid eillOWO nuukim, cOltelstellt wutfu rIpplIcehtsi Sec grho OW chilt moy bo romovod from office If, cl West six whine ststutes nod the regulstions of the Socrolory cit ths oll to mallow', silminiotor cod direct Ma months Nor to the expiratioo of tio loon, e Wilton kneeing the cmoretion nit Ogee Interior, tor the neernorimant ut Intuit Mono, including, (oil signoturos of et Wont forty porcent (40%) of the regletered voters in not orogrome, octivitios, met services AN 10 15001110the Whet Moiled to, tho frisking end revoCslion of essionmen* entinug Ilm station of root poodle at toted annuolly the tribe is pr000nton to tho Ogee council Within sixty (00) (Joy* of and the &position of timbre, nil, rind mongol Norourcos tel such pretrontstion, the WWI counciltttl creme to he Old o spocird To prepare budgets, budget erdirrades,sod linoncIol reports reectiOn n IN question of recoil If o inajonty of those voting vote for (I) To wool*, or to provide by ordwonce lor thecreetion 01 for slihmlecion to or et the direction Ofthe tribel come II rook ,drovistions of Meier VI, Suction I and 2, shall apply, provided onowerollono, including public ofel privoto ciepordons, for (1) 1 o provide for Ms proper receipt, Meese( thst st West seventy live percent ttriSil of the TOU1010 voterslo the tribe any lowful purpose, which may tie rim profit of profit Mekehj, diotedsomoin, snit occimoling of WI hods (or Node midst control of shell Nem voted 011(1 to teg01510 tire echylhee 01 000 04(lefIlistiOilsby of the hem) denounce coosistom with this coostitution end hyloweAnd such {meow% ANTI= VII COMMUNITY ORGANIZATIONS ell ebb/ tie setettlishod by Ills MOW coluncit (k) iii promote end protect the Wrath, pormi, monk, whicslicel, (o) Trio enrolled membere ot (he sworn (7) Choctaw comousehoe sholl *Id general webs* of the tribe sodas members I o provide for the protection rindmairdereeran of the hove the fight to form tool community Orosnitalks* and Adopt thor properly, omnipotent, tend crewed mottle id OnoIniter (1) To borrow money lion% coy cows whetsoover without own rules end repellents In hormony with this constitution end bylowe WM (In It shell ter tho duly ot the councilmon from retch community to report me to Amount, end on ouch hems rind conditions mod for such To provido for onfotoortiont of tho mete,rogulateem, mei ordinenos retooled by ths helot ccrunrii regularly aN the potions sod decisions of ths Whirl council to tho coot consideretion sod periods of time as the Whig councilshell Mundy orgsnitellons detoranine, to use tel lode thus otratined to promo* the (4 to premiere/or the mpetengs of flip tribalcouncil end to volo welfore sod hottermont of the MO wet of its membree,to orgy In tlillte of c he howl treee *Meninges, or to lond money thuo borrowed

1 #)9 n XI BEST COPY AMIABLE INITIATIVI AND RIFIRENDUM ARTICLE XI Sot Jitt ttio ovont lilly Itithitithitti1111/tItItt11111 or 14011111111 stl 0014 (011 0111011011011d tiylawn allitll Ins Itills1 titictilittittillohat of itivriliel liy it Itnilottll 1i) 111 14.00:140Itii 11 4;0111101141 01001111v0 110W010 an aro Sett 1 Ihti inottatotts of this Who foliorvit to tholiaitilvtot this Ittiwor tho foittranitio nofittalutni, 1041001411114* riorauetatv ctr 111railisntril to tho pothentatwo of tho ltowien said Iii proporio 111111 104011111011S 41111 10 01401 of t010c11110 nniito i'thilt cif I sullIttittitit ft:Hilton valid ttI lot Wats 11so Wilms ontaborn1o0 abovo, anti whivh tiro !author npocIllcolly tit Mit polio Indoporatont of tho What raitittoll, but istililoct to opprovsil 01 (If stotliiiiti donee', 10 Iliti tribal ittit flOrion lho Soratstary of lho Intotior tin Ittillilnitt1 by that conAtIttitIon 01111 bytawn kinaott hts Hawaiian 01 tho It ani alto foram/ft powor til thaw own option 10 silt APITICLE XIII AMENDMENTS ARTICLI X RIGHTS OF INDIANS mum or rittoi'l ill thus pollti any all of Wit halal sttunral

11114 C0114111011011 t001 11y14/001 11141( 411101111101 tly it outplay volo sit I tho Nod cif Choctaw intoteipantj Hest Itilt Wit 11OWor teflolyOst 1tY the +1101'111*N itt tho lobo In tho llou aus oil/01HW yowl% of tho tritio voting at an oloullon collod lot Itiat puf 101W014 ill 0011 uovortinaint Orel not InitlatIvoI hely porrault (iittots) of Itio rowhilittod when Oral twat tho 14011 lit' Pollfloo IOW opOritstimismitnonin to Met I oiesthltitIon and bylaws WINO lty Itto Noutotory of Ilifis Intorlor, ptovIclod Mal al Waal lofty pot vont (40%) 01 Mono snaffled to volll retail voto Ill eiuttll 010011011, 10d 110 rat Makii or onforto any 14w prohibitifia thii 000 ontittln0 01 and to propOlio orclIncincott and riesoltillonn ittlIultiltill tibritIolliu IIto NatWest sil sposich or 01 910 pl000, sittiondmont +Weill bottoms olloctlyti until it shall Ittsvo boon approvost lly 01 01 1411 t0)111 01 the pooplo pont'ofitily hi 1144010kt awl to I 110 tioraltsil powor lit tho soliatinsluni with It nliall liii ottlistod upon o flat floratstory of Itto InlortOfI! thall bo tho doh tut llto bottolary of Itto volition for it trainees of tlY thIrly Pols'elit 1:10"0) of tho I otiinlolost Vuitton ItitotIor to call an oltallim set any propseoul dintaidniont whon no titiwittel by ti nufficiont fitantiot of witillflott tallow an provlstod In At kit 4101110 111 111011 partition Upon feralllit of Ii rewired tot till olos.tion lii Ow Item of on in (n) V101410 1110 nutit of tho pooplo lo !los I XI tit by Ow tribal t,outtral hotinoti, Ninon;,ustI 11110i lit11U1111111 011104401011110 istt h Watito su toliatioduiti potalon, tho UMW i tuluit nhall, salsa 4104441111110) 11011 It nulliclont ntafttior ot rowntorstd VOltstti 11401 4101401 l411011 10 101 +40,+oro nor mom Witi tonli hut upon probablo 1/411411, SYLAWS OP THE 110k1 tin ulorlIOtt on tho ijoosillon or emir/ within nnity (00) thlyti 01 401010/1011 1411b or affirms-Woo, and Webs tiltely Wins flhel0 MISSISSIPPI NAND OF CHOCTAW INDIANS thci Waco Iii bo ntiat (Juni still (hit pt.:pion tit thaw to Ito Niti,t rot.tupt of mad p4*11111111, MovIdott, howisvollh,st ito 01001100 011 11 i3111;11 11111101411 411101011110111 1111101 110 (0110t1 liv 1110 !Ws leanly of !Ito Intotiou ARTICLE I - DUTISS OF MEAL COUNCIL OFFICERS provIstod tit Aitlt,itt XIIIthirty Iwo 0111 (.10%) ot Thy rotlPiterelf volo".1 tiny 1101400 101 1110 141110 01101100 10 lies 0,101 0 lull HI 0411 comilittact II 011111(1t1111 11011111W 01 Villtilli 111010( 0114 001,11011 (101, 1 1 110 vico i hail of Illo 1111141 1011111 1411411 (00401 MO 011141 t 11101 10004111Y W11011 t ittlutib upon Is u sto no by Ma clot and In this siteatitio of Hai Whitt Any MO/0040n reformat to tho Who by lho snalswyst or by too 4 hail, Ito 1114 Wily told fonpomillulay lo pi onlilo ovot If itiol council (11111.1110 tiny 0010011 111 any I 0)01041 tutu ifir hit it WItIlowa rolotithatim nhall talut oflora told tio In lots o whom .100101041 I1 11140111 ittoolinws iti)ii11141 WNW! ty of tho virtual vont lit nut.11 oloction in Wtiltti tIl 10441 101 ly ;010.0111 (iltion) 01 1110 10U1010041 yi1010.4 114V0 I0111iit 0141101 1041 11101111110/i (0 ltit I.' 1110 KM 10011y 1104411(01 011110 011141 i.111111CII 011411 11101110 111411 (0) 1.001 ony ittly4110 004001y kit I plhht 11,10Witlutthititl`31 ittonnu opprovfil of tho !lot !lastly til lho Intone nholl (lot hit tato' livo tilt till MA 111410 ltlt 01t1 01 all 0411110 11011401 1110 I 011111 11 Ill 1114111141(10111 10 0111110114,000 III appltivott by 111111 1111411 manna moonily, to tho sit this (ltios,tow Auont ts, y111011101 Ini0.001010i 1141thtjtit 10 a slation of tho nabob/it, I ontaittionts adopted, and tutitltthttihOlt pfuo4011 ii 111 111111y 10 ion ,1104111/101.041 ;en 11 All liwanutrel fraction( to tho lobe lin ,Ippttival ut utptituly tint oublit 1041to tio 411000011 01 910 Itiiltitt) 0011 all mutate and nowise tintotnion oi tho bible lull ait II ott /41fluilf041 by tho Ily 111th1011 411411 1100111 ittltl Mr 0,0010 III/ 11 I IINAt'tti hiY ,111'441111 Mrs 111 t 11,44(1(111 hi liii t.t111/1011100 w111111141V/11114-111411 Not total y ill tho 11110001 KA Osborn ol tho Minneeinaa Ilona of Clisit.tow fuw,tri, 111111 111 11141M i 001011Initrythin we,liii01110ittuto 01,1111,41 1 Int tantolaiy 110414110f 01 1h0 111041 ctill10-11 011411 110100 hi W111104014 111 ht; loyt11, 4101 41 1114 own milittn..0, lit bulyti 11tti +or,1 Ilti iitltllittt 1111 1111411 1104111 4101 M33011110 (11 04141 114111 yintil 01111 til 0.41141,011 0 011 intri401101 lun (41i 1040(000ml iii 40111ttlytt 001111004 lltsti1 totiftit Ai 1ts,to xl mind ti 001.11 01101 11100ti An fogulfoil by Ilas trawl raison 11a by tho tioratitary of nulanalful uralitt lit ovor Whit nutted by at lowil Hutto rilionnorn lhotplito tits 41,411%/ts 1111114110 Ott 411tilytt 111141111111141 two] thri Whams and +shall mat and sippiovo sal slostitantintontsi of What tondos (0) who aro outman-nit of tho halo and who ties townletrint to tole in tribal 1101 011114041 11111111111111001Mill HI 110 tiy0111 iniptitio for collo: for funtlti undor control of Itio Mho). ho +Ono Jowl MO 1111111 040 411 olotWolin I 011114On nottotiolod liv Itho tribal thatt tat boliall ol tho lobo 111114010 lion of ility 010 0140140 titly 000411Y 01 011111,11111111111 t111-011Im ;ad covor lotto! mutt NI Inwood by Om tiponnorsi in Ilio monorail tit a 11410 1111p04001110111 101 ;1 10011 ill /41x 01011110i titit 1100 01 Vino 011100N100 11011/114111 111h 1111011 110111111 foontortui notaty Iltilulhi;Intl tililIt W111110114 111001 tits Iditil it) atTortlauto of both with a taw odtais tci tio teitatillnhott by tho WWI count II 1 Ilti 140I'l Mliify 110111111101 sit Ilat tribes) anti Whist- (It) thillytotinylullitlitil'wittiuitilnlowish+ liontho owll ithhlt sitriaittl tittitiltiyotut of lint tram whit aro tonfittlitattlis (fir nolo poem bon of Iln lilytti te ilopnvo any normal of Illicitly of pro ARTICLE XII REPthl AND SAVING CLAUSE 1.11111101110 btlbltl rolilittruott, filial) 170 b1/01101) 01115 1110 1'0st III sill II 1101111 hilly without duo pros:win of low sillitil 1)0 Itt)f110 1)y 1110 111110 1110 41111)01111)11110 litinit /shall tio slistottalriost I 1ht) 1.0114111011011 4101 11001#0 01 1110 Mit0101h1001 1110111 01 lair tly Itio If Ilia! t'stlificil 1111 (1/111111 Oil lly 11111 Iltbutuittuiy 111 11111 11110101f 114!, and rovintal lit Nosmirwol (I) Rein any Intl itt M10011101' ill tin 1)041 lilt 10 (ow V.1110.111W 11011400 apployint May 'P.? hit Jun0 111 111.141,Itt 11, 1 1410, 1111100 MO 010y1100114 01 1110 At t (litIi Tho tioraolisty 110111411101 111 1110 1(11141 iciullil Itlty footital tut 1)00y Itt ittty II040111 tli;c1I4011 01 411 01101100 I111111411;11110 by (1) ;11110101141,In homily ropealoil uiiiit towortankul Ity Min con/dilution lieu littiehitiltrill litotasiti titter +such t,titritilltitsitit fits lilt) 00141111'11111(1 111( 11111 Illly ill 11;11 1100010001001, IN) 00111, 0000 00100..4. It) ti 0141 1 lowie ii VVhoolor Indian 111.14 Act 11111111( ilulhilul tilt tit illpllbhluy rif tut Iforittratil +natter++ 1000 110111 NIX pransassi ty, 'd All oftliftant on oral rtasolulnatii twrittutoto t stilt soil by 1101 ;lot Ilio falsetto* 011110 will 01 htilithilt cottuiti tititti tit) 4y01141)10 MlniiltinlpIX 1 14101 01 C1111101W Indiatin +Wall (01110111 HI hill 100.0 Wit I tilltut It) tmy p0t401t al a cowl ot tho Iltillod Stakes. to Ituttl Ititt lottality of liet to tho ottora Oita 1110y tIfil t.010111110111 N/1111 111111 C011it111411011 dramition by itillett 011110 MOM usual Ii 1

BEST COPY AVAILABLE xli 1 1:2 ARTICLE II NIEETINOS

Sec I The tritest tIouncll shell hold repulse meetings on the second Torpidity in Jemetry, April, July, end October of pitchyew Speciel meetirnoe of the tribal councel

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

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

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

Sec 2A 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 be governed by ittoberre Hulett of Order

ARTICLE III ADOPTION

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

CERTIFICATE OF MULTI' OF ELECTION

Pureuent to an election culhorixed by the Acting Deputy Commissioner of Indian Albers on October I 7, 1074, the ettoched Fir/Iced Constitu. Son and Sylows ()Mho MiesissiPpi Bumf of Choclow Indiumswee sub milted to the (prettified voters of the bend end wee on December1 7, 1074, duly Adopted by e vote of 326 for, rind 237 egienst,in en see Son in which Al least thirty percent of the I 087 entitled lo vole crud their boNots in accordance with Section I 0 of the IndIan fleorgeoization Act of June 10, 1934 (40 Mel 004), es weemled by the Act of June 1 5, 1 938 149 Slat 3 no

APPROVAL

thompson

Commiseloner of Indium Affiere, by virtue of the euthority grerded to the Secretory of the Interior by the Act of June t ft, 1034 140 Stet OW us emended, end delegoted to me by 230 DM I1, dO hereby Nome,* the Fievised Constitution end Itylews of the Miseitielppi Bond of Choc taw 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 for this topic

Bertram,William Travels Mark Van Doren, d. New Galloway, Patriot*,(ed.). La Salle and His Legacy: From. YOrk: Dover Publications, 1956 chmen and Indians in the Lower Mississippi Val*. Jackson; University Preas Of Mississippi, 1982. Benson, Henry C LIM Among the Choctaw frxWe. Cincinnati. Swormstecit and Poe, 1860. A Methodist minister's ac- Horsman, Reginald, The Frontier on the Formative Veers, count of his life among the Choctaws in Indian Territory. 1783.1815, New York, Halt, Rinehart and Winston, Inc,, 1070. Bourne, Edward Gaylord, ed Narratives of the Career of Her. nando Di Solo 2 vols New York. 1904 Hudson, Charles, The Southeastern Indians Knoxville, Univ. of Tennessee Press, 1076. Burt,Jesse and Robert B Ferguson.Indiansofthe South** St.Then and Now Abingdon Press, 1973 Jacobs, Wilbur R., The Appalachian Indian Frontier: Th Edmond Atkin Report and Plan of 1756 Lincoln, Neb., Collin, George Episodes from Lila Among the Indians and Last Univ. of Nebraska Press, 1987. (reprint of 1954 edition) Rambles Marvin C, Ross, ed UOK, 1959, Lewis, Anna. Chief Pushmataha, American Patriot, New North American Indians. Reprint, 2 vole YorkExposition Press, 1959 Minneapolis, Ross and Haines, 1965 Lincecum, Gideon. Life of Apushmataht Missisippi Historical R $ , The Southeraindians The Story of the Civilized Society, 9 (1905,1906), 4164)5. TribesBeforeRemoval Norman,Okla ,Univ of Oklohoma Press, 1964 Nape, William, "The Choctaw Revolt, A Chapter inthe Intercolonial Rivalry in the Old Southwerit " Diasertetion, Davis, Russell G , ond Ashabranner, Brent K The Choctaw U of illinoia, 1946. Codm Now YorkWhittlonety House, I 901 Romans, Bernard A Concise Natural History of East and West Debo, Angle The Rise and fall of the Choctaw Republic Florida Vol 1 New York. Romano, '1886 UOK, 1934 Royce, Cherie* C , Indian Land Cessions in the United Suites. NW, Angie, r he Rise and f all of the Choctaw Republic New York, Arno Press, 1971 (reprint of 1900 edition) Norman, Okla Univof Oklahoma Proms, 2nd od , 1961 Swanton, John R The IndianTribes of North American. Woshinglon Smithsomon Institution Press, 1952 See

Dunbar, Rowland and Sanders, Albert Godfroy Sanders (od. below and trims )Mississippi Provincial Archives; French Dominion, 3 vols. JacksonMississippi Department of Sourco moterlal for The Social and Ceremonial Archives end History, 192 t .1932. (volts 1-3) tile of the Choctaw IndiansB A IBulletin103, Washington, 1931 Galloway,Patricia, "Choctaw Factionalism and Civil War, 1740.1760," Journal ofMississippiHistory44'4 Richard White, The Roots of Dependency, Forthcoming with (1082). University of Nebraska Press, 1983 or 1084 Galloway, Pittman, Dunbar Rowland, and Sondem Albert Godfrey (ed. and trans ) MississippiProvincial J Leitch Wright,Jr.The Only Land They Knew New Archives: French Dominion, 2 vols. Baton York The Free Press, 1981 Rouge! Louiaiana State University Press. 1983. (vols. 4 arid 6).

Galloway,Patricis,"'rho Barthelemy Murders: BlenvIlle's establishmont ot the lex talionis as a principle of Indian diplomacy," inProceedings of the French Colonial Historical Society, 1982 (forthcoming). BEST COPE AVAICABUE

114 ABLE xlv ACKNOWLEDGEMENT

Special thanks go to the many people who helped in so many ways to make this book a reality; especially to Skip Bridge for his assistance in grammar and editing, Nell Rogers who helped me through the dark days when it looked like I would never get finished, Marian Isaac for her assistance and support for twelve long months, and to a host of secretaries and proofreaders who helped during the last minute crunch.

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

I also would like to thank Robert Benn for letting me rummage around throughallthoseold photographs.

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