Choctaw and Chickasaw tribes of Indians and by the President and Senate of the United States." Now, therefore, be it known, that the Chickasaws, in general council assembled, having duly considered said articles of agreement and convention, and each and every clause thereof, and being satisfied therewith, do, upon their part, hereby assent to, ratify, and confirm the same, as stipulated and required, with the following amendment: "Add to the nineteenth article, "By commissioners to be appointed by the contracting parties hereto." Done and approved at Tishomingo, in the Chickasaw district of the Choctaw nation, this third day of October, in the year of our Lord, one thousand eight hundred and fifty-five. Passed the council. Attest CYRUS HARRIS, Clerk of the Council. JOEL KEMP, President. And whereas the Chickasaws, in general council assembled, did, on the 13th day of December, A. D. 1855, recede from and rescind the said amendment, and did ratify and confirm the said treaty, and every part thereof, by an instrument in writing, in the words and figures following, to wit: Whereas the Chickasaws, in general council assembled, after having duly considered the stipulations contained in a certain convention and agreement, made and entered into at the city of Washington, on the 224 day of June, A. D. 1855, between George W. Many penny, commissioner on the part of the United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, commissioners on the part of the Choctaws; Edmund Pickens and Sampson Folsom, commissioners on the part of the Chickasaws, did, on the third day of October, A. D. 1855, at Tisho-mingo, in the Chickasaw district, Choctaw nation, assent to, ratify, and confirm each and every part of said convention and agreement, with the following amendment, viz: "Add to the 19th article, 'By commissioners to be appointed by the contracting parties hereto."" And whereas, said amendment was not duly considered and concurred in by the Choctaws in general council assembled; but said agreement and convention, and every part thereof, was assented to, ratified, and confirmed by said council without amendment. Now, therefore, be it known, that the Chickasaws, in general council assembled, having reconsidered said proposed amendment, do hereby recede from, and rescind the same, hereby assenting to, ratifying, and confirming said agreement and convention, and every part thereof. Done and approved at the council-house at Tisho-mingo, Chickasaw district, Choctaw nation, this 13th day of December, A. D. 1855. Approved December 13, 1855. Attest CYRUS HARRIS, Secretary. Signed in presence of J. MCCOY, President of the Council. JACKSON FRAZIER, Chief Chickasaw district, Choctaw nation. And whereas the said treaty having been submitted to the general council of the Choctaw tribe, the said general council did, on the 16th day of November, A. D. one thousand eight hundred and fifty-five, consent to and ratify the same by an instrument in the words and figures following, to wit: VOL. XI. TREAT.-81 Amendment. Amendment of Chickasaws re scinded by them. Assent of Choctaws. Whereas articles of agreement and convention were made and concluded on the twenty-second day of June, A. D. one thousand eight hundred and fifty-five, by and between George W. Manypenny, commissioner on the part of the United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, commissioners on the part of the Choctaws; and Edmund Pickens and Sampson Folsom, commissioners on the part of the Chickasaws, at the city of Washington, in the District of Columbia, the preamble whereof is in the words and figures following, viz: "Whereas the political connection heretofore existing between the Choctaw and the Chickasaw tribes of Indians, has given rise to unhappy and injurious dissensions and controversies among them, which render necessary a readjustment of their relations to each other and to the United States; and whereas the United States desire that the Choctaw Indians shall relinquish all claim to any territory west of the one hundredth degree of west longitude, and also to make provision for the permanent settlement within the Choctaw country, of the Wichita and certain other tribes or bands of Indians, for which purpose the Choctaws and Chickasaws are willing to lease, on reasonable terms, to the United States, that portion of their common territory which is west of the ninety-eighth degree of west longitude; and whereas, the Choctaws contend that, by a just and fair construction of the treaty of September 27, 1830, they are, of right, entitled to the net proceeds of the lands ceded by them to the United States, under said treaty, and have proposed that the question of their right to the same, together with the whole subject-matter of their unsettled claims, whether national or individual, against the United States arising under the various provisions of said treaty, shall be referred to the Senate of the United States, for final adjudication and adjustment; and whereas it is necessary, for the simplification and better understanding of the relations between the United States and the Choctaw Indians, that all their subsisting treaty stipulations be embodied in one comprehensive instrument;" and whereas, in the twenty-first article thereof, it is, among other things, recited that said agreement "shall take effect and be obligatory upon the contracting [parties] from the date hereof, whenever the same shall be ratified by the respective councils of the Choctaw and Chickasaw tribes and by the President and Senate of the United States." Now, therefore, be it known, that the Choctaws, in general council assembled, having duly considered said articles of agreement and convention, and each and every clause thereof, and being satisfied there with, do, upon their part, hereby assent to, ratify, and confirm the same as stipulated and required. Done and approved at the council-house, at Fort Towson, in the Choctaw nation, this sixteenth day of November, in the year of our Lord one thousand eight hundred and fifty-five. Approved: TANDY WALKER, President of the Senate. Speaker of the House of Representatives. GEO. W. HARKINS, Chief of Ahpuck District. Chief of Pushematahn District. ADAM CHRISTY, Speaker, and Acting Chief of Moosholatubbee District. Signed in presence of DOUGLAS H. COOPER, U. S. Indian Agent for Choctaw Tribe. And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the 21st day of February, A. D. one thousand eight hundred and fifty six, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit: IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, February 21, 1856. Resolved, (two thirds of the Senators present concurring,) That the Senate advise and consent to the ratification of the articles of agreement ate. and convention between the United States and the Choctaw and Chickasaw tribes of Indians, made and concluded at the city of Washington, the twenty-second day of June, Anno Domini one thousand eight hundred and fifty-five, by George W. Manypenny, commissioner on the part of the United States; Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dixon W. Lewis, commissioners on the part of the Choctaws; and Edmund Pickens and Sampson Folsom, commissioners on the part of the Chickasaws. Attest: ASBURY DICKINS, Secretary. Now, therefore, be it known, that I, FRANKLIN PIERCE, President of the United States of America, do in pursuance of the advice and consent of the Senate, as expressed in their resolution of the twenty-first day of February, one thousand eight hundred and fifty-six, accept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereto affixed, having signed the same with my hand. [L. S.] Done at the city of Washington, this fourth day of March, A. D. By the President: FRANKLIN PIERCE. W. L. MARCY, Secretary of State. Assent of Sen FRANKLIN PIERCE, PRESIDENT OF THE UNITED STATES OF AMERICA: TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS a treaty was made and concluded at the city of Detroit, in the State of Michigan, on the thirty-first day of July, eighteen hundred and fifty-five, between George W. Manypenny and Henry C. Gilbert, commissioners on the part of the United States, and the Ottowa and Chippewa Indians of Michigan, parties to the treaty of March twentyeighth, eighteen hundred and thirty-six, which treaty is in the words and figures following, to wit: Articles of agreement and convention made and concluded at the city of Detroit in the State of Michigan this thirty-first day of July, one thousand eight hundred and fifty-five, between George W. Manypenny and Henry C. Gilbert, commissioners on the part of the United States and the Ottowa and Chippewa Indians of Michigan, parties to the treaty of March 28, 1836. In view of the existing condition of the Ottowas and Chippewas, and of their legal and equitable claims against the United States, it is agreed between the contracting parties as following: July 81, 1855. Preamble. Title. For the use of and near Sault Ste. Marie. ARTICLE I. The United States will withdraw from sale for the benefit. Certain lands in Michigan to of said Indians as hereinafter provided, all the unsold public lands within be withdrawn the State of Michigan embraced in the following descriptions to wit: from sale. First. For the use of the six bands residing at and near Sault Ste. Marie, sections 13, 14, 23, 24, 25, 26, 27, and 28, in township 47, north, the six bands at range 5 west; sections 18, 19, and 30 in township 47 north, range 4 west; sections 11, 12, 13, 14, 15, 22, 23, 25, and 26, in township 47 north, range 3 west, and section 29 in township 47 north, range 2 west; sections 2, 3, 4, 11, 14, and 15 in township 47 north, range 2 east, and section 34 in township 48 north, range 2 east; sections 6, 7, 18, 19, 20, 28, 29, and 33, in township 45 north, range 2 east; sections 1, 12, and 13, in township 45 north, range 1 east, and section 4 in township 44 north, range 2 east. For the use of the bands north Mackinac. Second. For the use of the bands who wish to reside north of the Straits of Mackinac, townships 42 north, ranges 1 and 2 west; township of the Straits of 43 north, range 1 west, and township 44 north, range 12 west. Third. For the Beaver Island band,-High Island, and Garden Island in Lake Michigan, being fractional townships 38 and 39 north, range 11 west-40 north, range 10 west, and in part 39 north, range 9 and 10 west. For the Beaver Island band. For certain Fourth. For the Cross Village, Middle Village, L'Arbrechroche and Bear Creek bands, and of such Bay du Noc and Beaver Island Indians other bands. as may prefer to live with them, townships 34 to 39, inclusive north, range 5 west townships 34 to 38, inclusive north, range 6 west,-townships 34, 36, and 37, north, range 7 west, and township 34 north, range 8 west.* Fifth. For the bands who usually assemble for payment at Grand For bands who Traverse township 32 north, range 10 west-townships 29 to 32, north at Grand Travare usually paid inclusive, range 11, west-townships 29 to 31, north inclusive, range 12 erse township. west-township 29 north, range 13 west, and the east half of township 29 north, range 9 west. *See amendments, post, p. 56. |