TREATYWITH THE CHOCTAW – 1820
(Treatyof Doak’s Stand)
Location of Doak’s Stand
Image 2
Image 3 (Natchez Trace Mile Marker 108)
Atreaty of friendship, limits, and accommodation, between the United States of Americaand the Choctaw nation of Indians, begun and concluded at the Treaty Ground, insaid nation, near Doak's Stand, on the Natchez Road.
PREAMBLE.WHEREAS it is an important object with the President of the United States, topromote the civilization of the Choctaw Indians, by the establishment ofschools amongst them; and to perpetuate them as a nation, by exchanging, for asmall part of their land here, a country beyond the Mississippi River, whereall, who live by hunting and will not work, may be collected and settledtogether.And whereas it is desirable to the state of Mississippi, to obtain asmall part of the land belonging to said nation; for the mutual accommodationof the parties, and for securing the happiness and protection of the whole Choctawnation, as well as preserving that harmony and friendship which so happilysubsists between them and the United States, James Monroe, President ofthe United States of America, by Andrew Jackson, of the State ofTennessee, Major General in the Army of the United States, and GeneralThomas Hinds, of the State of Mississippi, Commissioners Plenipotentiary ofthe United States, on the one part, and the Mingoes, Head Men, and Warriors, ofthe Choctaw nation, in full Council assembled, on the other part, have freelyand voluntarily entered into the following articles, viz:
ARTICLE 1. To enable the President ofthe United States to carry into effect the above grand and humane objects, theMingoes, Head Men, and Warriors, of the Choctaw nation, in full council assembled,in behalf of themselves and the said nation, do, by these presents, cede to theUnited States of America, all the land lying and being within the boundariesfollowing, to wit:Beginning on the Choctaw boundary, East of Pearl River, at apoint due South of the White Oak spring, on the old Indian path; thence northto said spring; thence northwardly to a black oak, standing on the Natchezroad, about forty poles eastwardly from Doake's fence, marked A. J and blazed,with two large pines and a black oak standing near thereto, and marked aspointers; thence a straight line to the head of Black Creek, or Bouge Loosa;thence down Black Creek or Bouge Loosa to a small Lake; thence a direct course,so as to strike the Mississippi one mile below the mouth of the Arkansas River;thence down the Mississippi to our boundary; thence around and along the sameto the beginning.
ARTICLE 2. For and in consideration ofthe foregoing cession, on the part of the Choctaw nation, and in partsatisfaction for the same, the Commissioners of the United States, in behalf ofsaid States, do hereby cede to said nation, a tract of country west of theMississippi River, situate between the Arkansas and Red River, and bounded asfollows:-Beginning on the Arkansas River, where the lower boundary line of theCherokees strikes the same; thence up the Arkansas to the Canadian Fork, and upthe same to its source; thence due South to the Red River; thence down RedRiver, three miles below the mouth of Little River, which empties itself intoRed River on the north side; thence a direct line to the beginning.
ARTICLE 3. To prevent any dispute upon thesubject of the boundaries mentioned in the 1stand 2d articles, it is herebystipulated between the parties, that the same shall be ascertained anddistinctly marked by a Commissioner, or Commissioners, to be appointed by theUnited States, accompanied by such person as the Choctaw nation may select;said nation having thirty days previous notice of the time and place at whichthe operation will commence. The person so chosen by the Choctaws, shall act asa pilot or guide, for which the United Stateswill pay him two dollars per day, whilst actually engaged in the performance ofthat duty.
ARTICLE 4. The boundaries herebyestablished between the Choctaw Indians and the United States, on this side ofthe Mississippi river, shall remain without alteration until the period atwhich said nation shall become so civilized and enlightened as to be madecitizens of the United States, and Congress shall lay off a limited parcel ofland for the benefit of each family or individual in the nation.
ARTICLE 5. For the purpose of aiding andassisting the poor Indians, who wish to remove to the country hereby ceded onthe part of the United States, and to enable them to do well and support theirfamilies, the Commissioners of the United Statesengage, in behalf of said States, to give to each warrior a blanket, kettle,rifle gun, bullet moulds and nippers, and ammunition sufficient for hunting anddefence, for one year. Said warrior shall also be supplied with corn to supporthim and his family, for the same period, and whilst traveling to the countryabove ceded to the Choctaw nation.
ARTICLE 6. The Commissioners of the UnitedStates further covenant and agree, on the part of said States, that an agentshall be appointed, in due time, for the benefit of the Choctaw Indians who maybe permanently settled in the country ceded to them beyond the Mississippiriver, and, at a convenient period, a factor shall be sent there with goods, tosupply their wants. A Blacksmith shall also be settled amongst them, at a pointmost convenient to the population; and a faithful person appointed, whose dutyit shall be to use every reasonable exertion to collect all the wandering Indiansbelonging to the Choctaw nation, upon the land hereby provided for theirpermanent settlement.
ARTICLE 7. Out of the lands ceded by theChoctaw nation to the United States, the Commissioners aforesaid, in behalf ofsaid States, further covenant and agree, that fifty-four sections of one milesquare shall be laid out in good land, by the President of the United States,and sold, for the purpose of raising a fund, to be applied to the support ofthe Choctaw schools, on both sides of the Mississippi river. Three-fourths ofsaid fund shall be appropriated for the benefit of the schools here; and theremaining fourth for the establishment of one or more beyond the Mississippi;the whole to be placed in the hands of the President of the United States, andto be applied by him, expressly and exclusively, to this valuable object.
ARTICLE 8. To remove any discontentwhich may have arisen in the Choctaw Nation, in consequence of six thousanddollars of their annuity having been appropriated annually, for sixteen years,by some of the chiefs, for the support of their schools, the Commissioners ofthe United States oblige themselves, on the part of said States, to set apartan additional tract of good land, for raising a fund equal to that given by thesaid chiefs, so that the whole of the annuity may remain in the nation, and bedivided amongst them. And in order that exact justice may be done to the poorand distressed of said nation, it shall be the duty of the agent to see thatthe wants of every deaf, dumb, blind, and distressed, Indian, shall be firstsupplied out of said annuity, and the balance equally distributed amongst everyindividual of said nation.
ARTICLE 9. All those who have separatesettlements, and fall within the limits of the land ceded by the Choctaw nationto the United States, and who desire to remain where they now reside, shall besecured in a tract or parcel of land one mile square, to include theirimprovements. Any one who prefers removing, if he does so within one year fromthe date of this treaty, shall be paid their full value, to be ascertained bytwo persons, to be appointed by the President of the United States.
ARTICLE 10. As there are some who havevaluable buildings on the roads and elsewhere upon the lands hereby ceded,should they remove, it is further agreed by the aforesaid Commissioners, inbehalf of the United States,that the inconvenience of doing so shall be considered, and such allowance madeas will amount to an equivalent. For this purpose, there shall be paid to theMingo, Puckshenubbee, five hundred dollars; to Harrison,two hundred dollars; to Captain Cobb, two hundred dollars; to WilliamHays, two hundred dollars; to O'Gleno, two hundred dollars; and toall others who have comfortable houses, a compensation in the same proportion.
ARTICLE 11. It is also provided by theCommissioners of the United States, and they agree in behalf of said states,that those Choctaw Chiefs and Warriors, who have not received compensation fortheir services during the campaign to Pensacola, in the late war, shall be paidwhatever is due them over and above the value of the blanket, shirt, flap, andleggins, which have been delivered to them.
ARTICLE 12. In order to promoteindustry and sobriety amongst all classes of the Red people, in this nation,but particularly the poor, it is further provided by the parties, that theagent appointed to reside here, shall be, and he is hereby, vested with fullpower to seize and confiscate all the whiskey which may be introduced into saidnation, except that used at public stands, or brought in by the permit of theagent, or the principal Chiefs of the three Districts.
ARTICLE 13. To enable the Mingoes,Chiefs, and Head Men of the Choctaw nation, to raise and organize a corps ofLight-Horse, consisting of ten in each District, so that good order, may bemaintained, and that all men, both white and red, may be compelled to pay theirjust debts, it is stipulated and agreed, that the sum of two hundred dollarsshall be appropriated by the United States, for each district, annually, andplaced in the hands of the agent, to pay the expenses incurred in raising andestablishing said corps; which is to act as executive officers, in maintaininggood order, and compelling bad men to remove from the nation, who are not authorizedto live in it by a regular permit from the agent.
ARTICLE 14. Whereas the father of thebeloved Chief Mushulatubbee, of the Lower Towns, for and during hislife, did receive from the United States the sum of one hundred and fiftydollars, annually; it is hereby stipulated, that his son and successor Mushulatubbee,shall annually be paid the same amount during his natural life, to commencefrom the ratification of this Treaty.
ARTICLE 15. The peace and harmonysubsisting between the Choctaw Nation of Indians and the United States, are hereby renewed, continued, anddeclared to be perpetual.
ARTICLE 16. These articles shall take effect,and become obligatory on the contracting parties, so soon as the same shall beratified by the President, by and with the advice and consent of the Senate ofthe United States.
In testimonywhereof, the commissioners plenipotentiary of the United States and theMingoes, head men, and warriors, of the Choctaw nation, have hereuntosubscribed their names and affixed their seals, at the place above written,this eighteenth day of October, in the year of our Lord one thousand eighthundred and twenty, and of the independence of the United States theforty-fifth.
Andrew Jackson,
Thomas Hinds,
Commissioners,
Medal Mingoes:
Puckshenubbee, his x mark,
Pooshawattaha, his x mark,
Mushulatubbee, his x mark,
Chiefs and warriors:
General Humming Bird, his x mark,
James Hanizon, his x mark,
Talking Warrior, his x mark,
Little Leader, his x mark,
Captain Bob Cole, his x mark,
Red Fort, or Oolatahooma, his x mark,
Choctawistonocka, his x mark,
Oglano, his x mark,
Chuleta, his x mark,
John Frazier, his x mark,
Oakchunhmia, his x mark.,
Nockestona, his x mark,
Chapahooma, his x mark,
Onanchahabee, his x mark,
Copatanathoco, his x mark,
Atahobia, his x mark,
Opehoola, his x mark,
Chetantanchahubbee, his x mark,
Captain Lapala, his x mark,
Panchahabbee, his x mark,
Chuckahicka, his x mark,
Tallahomia, his x mark,
Totapia, his x mark,
Hocktanlubbee, his x mark,
Tapawanchahubbee, his x mark,
Capt. Red Bird, his x mark,
Capt. Jerry Carhey, his x mark,
Chapanchahabbee, his x mark,
Tunnupnuia, his x mark,
Ponhoopia, his x mark,
Ticbehacubbee, his x mark,
Suttacanchihubbee, his x mark,
Capt. William Beams, his x mark,
Captain James Pitchlynn,
Capt. James Garland, his x mark,
Tapanahomia, his x mark,
Thlahomia, his x mark,
Tishotata, his x mark,
Inoquia, his x mark,
Ultetoncubbee, his x mark,
Palochubbee, his x mark,
Jopannu, his x mark,
Captain Joel H. Vail,
Tapanastonahamia, his x mark,
Hoopihomia, his x mark,
Chelutahomia, his x mark,
Tuskiamingo, his x mark,
Young Captain, his x mark,
Chiefs and warriors:
Hakatubbee, his x mark,
Tishoo, his x mark,
Capt. Bobb, his x mark,I
Hopeanchahabee, his x mark,
Capt. Bradley, his x mark,
Capt. Daniel M'Curtain, his x mark,
Mucklisahopia, his x mark,
Nuckpullachubbee, his x mark,
George Turnbull,
Captain Thomas M'Curtain, his x mark,
Oakehonahooma, his x mark,
Capt. John Cairns, his x mark,
Topenastonahooma, his x mark,
Holatohamia, his x mark,
Col. Boyer, his x mark,
Holantachanshahubbee, his x mark,
Chuckahabbee, his x mark,
Washaschahopia, his x mark,
Chatamakaha, his x mark,
Hapeahomia, his x mark,
William Hay, his x mark,
Captain Samuel Cobb, his x mark,
Lewis Brashears, his x mark,
Muckelehamia, his x mark,
Capt. Sam. Magee, his x mark,
Ticbehamia, his x mark,
Doctor Red Bird, his x mark,
Oontoola, his x mark,
Pooshoushabbee, his x mark,
Casania, his x mark,
Joseph Nelson, his x mark,
Unahubbee, his x mark,
Red Duck, his x mark,
Muttahubbee, his x mark,
Capt. Ihokahatubbee, his x mark,
Alex. Hamilton,
Capt. Red Knife, his x mark,
Shapahroma, his x mark,
Capt. Tonnanpoocha, his x mark,
Mechamiabbee, his x mark,
Tuskanohamia, his x mark,
Tookatubbetusea, his x mark,
William Frye, his x mark,
Greenwood Lefore, his x mark,
Archibald McGee, his x mark,
Capt. Ben Burris, his x mark,
Tusconohicca, his x mark,
Capt. Lewis Perry, his x mark,
Henekachubbee, his x mark,
Tussashamia, his x mark,
Capt. Charles Durant, his x mark,
Plate Durant, his x mark
Witnesses present at sealing and signing:
Saml. R. Overton, secretary to the commission,
Eden Brashears,
J. C. Bronaugh, assistant surgeon-general, S. D., U. S. Army,
H. D. Downs,
Wm. F. Cangent,
Wm. M. Graham, first lieutenant, Corps of Artillery,
Andrew J. Donelson, brevet second lieutenant Corps of Engineers andaid-de-camp to General Jackson,
P. A. Vandorn,
John H. Esty,
John Pitchlynn, United Statesinterpreter,
M. Mackey, United States interpreter,
Edmund Folsome, interpreter, X,
James Hughes,
Geo. Fisher,
Jas. Jackson, Jr.
