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1849 1862 Statutes at Large 975-1173

1849 1862 Statutes at Large 975-1173

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Citation: 10 Stat. 975 1849-1862Content downloaded/printed fromHeinOnline (http://heinonline.org)Tue Jul 6 14:59:42 2010-- Your use of this HeinOnline PDF indicates your acceptanceof HeinOnline's Terms and Conditions of the licenseagreement available at http://heinonline.org/HOL/License-- The search text of this PDF is generated fromuncorrected OCR text.
 
TREATY
WITH
THE
CICKASAWS.
Ju z
22,
1852.
975
principles
of law
and equity,
and
his
decision
shall
be
final
and
conclusiveon
all
concerned.
It
is
alsoalleged
by
the
Chickasaws
that
there
are
numerous
cases
in
which moneys
held in
trust
by
the
United
States forthe
benefit
of
orphan
and
incompetent Chickasaws,
have
been
wrongfully
paid
out
to persons
having
no
right
to
receivethe same.
It
is therefore
further
agreed,
that
all
such cases
shall
be
investigated
by
the
Agent
ofthe
United States
under
the
direction of
theSecretary
oftheInterior.
And
if'it
shall
appear
to
the
satisfaction
of
said
Secretary,
that
any
of
the
orphans
andincompetents
have
been defrauded
by
suchwrongful
payment,
the
amount
thus
misapplied
shall
be
accounted for
by
the
United
States,
as
if
no such
payment had
been
made.'
ARTICLR
5.
The
Chickasaws
are
desirous
that
the
whole
amount
of
Chickuawfund
to
be
held
in
their
nationalfund
shall
remain
with
the
United States,
in
trust
for
the
tr.
benefit
oftheir
people,
and
that
thesameshall
on
no account
be
dimi-nished.
It
is,
therefore,agreed
that the
United
States
shall
continue
to
hold
said fund,
in trust,
as
aforesaid,
and
shallconstantlykeep
the
same
invested
in
safe
and
profitablestocks,
the interest
upon
which
shall be
annually
paid
to
the
Chickasaw
nation:
Provided,
That
so
much
of
said
Proviso.
fund
as
the
Chickasaws
may
require for
the
purpose
of
enabling
them
to
effect
the
permanentsettlement
of their tribe
as
contemplated
by
the
treaty
of
1834,shall
be
subject
to
the
control
of
their General
Council.
ARnCIZ
6.
The
powers
andduties
conferred on
certain
persons
par-
VoL
vii.
p.
M1.
ticularly
mentioned
in
the
4th
article
of
the
treaty
of
1484,
andtheir
successors
in
office,
shall
hereafter
be vested
in
and
performed
by
the
General
Council
of
the
Chickasaws,
or
such
officers as
may
be
by
said
Council
appointed
for
that
purpose; and
no
certficateor
deedgiven
or
executed
by
the
personsaforesaid,fromwhich
the
approval
of
the
President
of
the
United
States has
once
been withheld,
shall
behereafterapproved
unless
the
sameshall
first
receive
the
sanction
of
the
Chicka-saw
Council,
or
the
officers
appointed
as
aforesaid, and
of
the
agent
of
the
United States
for
saidChickasawnation.
ARTIcLE
7.
No
claim
or
account
shall
hereafter
be
paid
by
the
Go-
Pyiments
out
ofthe
Chickasaw
vernment
of the
United
States
out
of
the
Chickasawfund, unless
the
ov
resrictes.
same shall
have
first been
considered
and
allowed
by
the
Chickasaw
General
Council:
Provided,
however,
That
this
clause
shall not
affect
P""'o
payments
upon
claims
under
exiiting
contracts
made
by
the
authority
of
the
Chickasaw
General
Council,
or
interfere with
the
due
Aslministration
of
the
acts
of
Congress,
regulating
trade and
intercoursewith
theIndian
tribes.
ARTILE
8.
It
is
further
agreed,
that
regular
semiannualaccounts
Accouts.
of
the
receipts
and
disbursements
of
the
Chickasaw
fund
shal
be furnished
the
Chickasaw
Council
by
the
Government
of the
United
States.
ARTiCLE
9.
The
sum
of
fifteen
hundred dollars
shall
be
paid
the
.penses
of the
Chickasaw
nation, in full
of
expenses
incurred
by
their
commissioners
in
teaY.
negotiating
thistreaty.t
In
witness
whereof
the
contracting
parties
have hereto
set
their
hands
and
seals,
the
day and
year
above
written.
KENTON
HARPER,
commissi
for
ae
Unaed
&Stee.
(sN
A.]
EDMUND
PICKENS,
his
x
mark
[s.L.]
BENJAMIN
S.
LOVE,
[s"L.]
SAMPSON
FOLSOM,
[sEAL.]
Comm"e
for
the
07dikaaws.
0
See
Proviso
added In
amendment,
post,
p.
976.
t
See
Art.
10
added
in
amendment
post
p.
9W6.
HeinOnline -- 10 Stat. 975 1849-1862
 
TREATYWITH
THE.
CHICKASAWS.
JuN
22,1852.
In
presence
of-
CHIIS
.
Mx,
Chief
Ok*leri
n
t
-eIndianAfaim,
L.
R.
SmOOT,
T.
.
Cn
ummzN,
H.
MMLt,
AAnON
V.
BnowN,
Interpreter.
And
whereas
the
said
treaty
having
been submitted
to
theSenate
of
the
UnitedStates,
for
its
constitutional
actionthereon,
the
Senate
did,
on
the
thirteenthday
of
August,
one thousand
eight hundredand
fifty-two,
amend
the
same
by
a
resolution
in the
words
and
figuresfollowing,
tor
wit:
IN-
ExEouTr
SzsSIoN,
SENATE
or
Tm
UirxD
STATES,
August
18th
1852.
esoolved,
(two
thirds
of
the
Senators
present
concurring,)
That
the
Senate
advise
and
consent
to
the
ratification
of
the
articles
of
a
treaty
concluded
at
Washington
on
the
22d
of
June,
eighteen
hundredand
fifty-two,
between
Kenton
Harper,
Commissioner
on
the
part
of
the
UnitedStates,and
Colonel
Edmund
Pickens,Benjamin
S.
Love,
and
SampsonFolsom,
Commissioners
duly appointed
for
that
purpose
by
the
Chickasaw
tribe
of
Indians;
with
the
following
AxEDzENTs:
At
the
end
of
the
Fourth
Article
add
the
following:
PrMvl
Provided,
That
the
provisions
of
this
articleshallnot be
so
construedas to
impose
any
obligation
on
the
UnitedStates
to
reimburse
any
ex-
pendituresheretoforemade in
conformity
with
the
stipulations
contained
in
thetreaties
of
1832
and
1884:
And
provided
further,
That
the UnitedStates
shall notbe liableto
repay
moneys
heldin
trust
forthe
benefit
of
orphanand
incompetent
Chickasaws,
in any
case
inwhich
payment
of
such
moneys
has
been madeupon
the
recommendation
or
certificate
of
the
personsappointed
for
that
purposein
the
Fourth
Article
of
theTreaty
of
1884,
or
of
their
successors,
and
in
other
respects
in
conform-
ity
withthe
provisions
of.that article:
And
provided
further,
That
the
UnitedStates
shall
not
be held
responsible
for
any
reservation
of
land
or
of any
sale,lease,
or other
disposition
of
the
same,
made,
sold,
leased,
or
otherwisedisposed
of,
in
conformity
with
the
several
provisions
of
said
treaties
of
1832
and 1884.
After
Article
Nine
addthe
following
new
article:
Payments:
to
ARTICLE
10.
And
it
is
further
stipulated,
That
inno case
hereafter,
nwhom
tobe
shall
any
moneydue
or
tobepaid
under
this
treaty
or any former
treaty
made.
between
the
same
contractingparties
be
paid to
any
agent
or
attorney;
but
shall in
all
cases
bepaid directlyto
the
party
or
parties
primarily
entitled thereto.
Attest,-
ASBURY
DICKINS,
&crelmry.
And
whereas
thesaid
amendments
having
beensubmitted
and
ex-
plained
to
the
Chickasaw
Indiansin
Councilassembled,
the
mid
Chicka-
sawsdid,
on
the sixteenth
day
of
October,
one
thousandeight
hundred
and
fifty-two,
assenttosaid
treaty
as amended
by
the
Senate,
in
words
following,
to
wit:
Whereasby
an
act
of
theGeneral
Council
of
the
Chickasaws,
passed
7th
February,
1852,
Colonel
EdmundPickens,
Benjamin
S.
Love,andSampson
Folsom,
wereappointed
Commissionerson
behalf
of
the
Chicka-
saw
people
tonegotiate
a
Treaty
withtheUnited
States,
and
the
saidCommissioners
having,
on
the
22d
June,
1802,
concluded
a
Treaty
with
HeinOnline -- 10 Stat. 976 1849-1862

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