E 99 .C8 C52 Copy 1 \w ■fe/ Iv V^ vu^aX VhJL lL^\^lajlrese7iting the appeal of the Choctaw delegation J or a settlement with the government. Sir: As the representatives of a on.e powerful, but now a weak and dependent people, we come to-day to the White House, to approach him who occupies the position which the great Washington himself first filled — a position which the red man looks up to as the most exalted in the world, but where he may always come and ask for justice at the hands of his political " Great Father." Our fathers before us took Washington by the hand and pledged their friendship to the United States, and declared that it should last as long as the sun brought forth day and cheered the hearts of men. That pledge has never once been broken by the Choctaws. In all their relations with the United, States they have ever sought peace, good-will, and friendship, and their treaty stipulations with the govern- ment have always been faithlully observed. In war they have perilled their lives and shed their blood in support and defence of the United States. In peace they have quietly and submissively yielded to their pohcy and wishes, though often at great sacrifices both of interest and feeling. No people ever gave stronger proofs of more durable friend- ship than that which has ever characterized the conduct of the Choctaws towards the United States. To your people we have been good men and true. We have done them no injury whatever. We come before you as suppliants, not for merciful concessions, or even favors, but for right and justice. Once our possessions embraced the valuable and fertile territory now included in the States of INlissis- sippi, Alabama, and Louisiana, and over which our sway was undis- puted and supreme. There the bones of our ancestors tor many gen- erations repose, and there the Choctaws hoped to remain to watch over ihem, and to be perpetuated as a free and independent nation. But another and a stronger race came and swept us away into a distant and wilderness land, where we had long to struggle against the de- pressing effects of sad and painful reflections upon the hard and un- yielding policy which deprived us of our father-land and cherished homes. At the time of our first treaty with the United States, in 1786, when the Choctaws placed themselves under their protection, they owned and possessed about fifty millions of acres of land east of the Missis- sippi river, which was gradually and by piece-meal wrested from us, until, in 1830, we were required to cede the last foot of it to the gov- ernment. For all this magnificent domain, the once undisputed heri- tage of our fathers, which has put millions upon millions into the treas- ury of the United States, we received the most meagre and inconsid- erable consideration. The government required our lands, and we were compelled to submit and yield them up. ]t fixed its own price, and no alternative was left us but to agree to what it had determined we should accept. It has been enriched and otherwise benefited to an incalculable extent — we impoverished, prostrated, and exiled. Had our last and most important treaty — that of 1830 — been carried out in a spirit of hberality and justice, we should not be disposed to complain. Could we now obtain our just and equitable rights under it, we would be satisfied. There are important matters involved in its provisions j'et remaining unsettled. We wish to adjust them and all questions at issue between our people and the United States, so that there may no longer be any ground for dispute or controversy. The interest and welfare of our people require that this should be done. They know that they have just claims for large amounts against the government. We were sent here a year ago by our nation to endeavor to effect a final adjustment of all our unsettled business, and to do whatever might be necessary to simplify and more satisfactorily define our relations with the government. We communicated to the proper department the objects of our visit, and the wishes of our people ; and our respected agent, who then was here, was deputed to make an investigation, and report in relation thereto. On an invitation from him, we submitted, in writing, a full and detailed statement of the nature and extent of our claims, and the new arrangements desirable in regard to our political and municipal relations. He carefully examined into the several mat- ters submitted to him, and made an elaborate report thereon, of a highly fivorable character. It shows clearly that justice has not been done to us. It admits substantially all we claim and desire. Being a gentleman of ability and high character, his report should, we think have had some weight and influence in our favor ; but it appears to have had none. Three of the members of our delegation having re- turned home, they have been sent back by the nation with instructions to persist in our efforts to obtain justice. They have only recently ar- rived.; and as our appeals to the department have resulted only in dis- appointment and mortification, we have no alternative but to submit our case to our " Great Father," the President himself In invoking your interference and kind consideration of our case — which you will find fully set forth and explained in the memorial and accompanying papers, which we ask permission to present to you — we beg leave to state our belief that issue^ of the most momentous charac- ter to our people are involved in the appeal which we now make to you in their behalf. We have arrived at a critical point in our history, and much de- pends upon the course which the government shall now adopt towards us. We have struoajed hard to regenerate and elevate ourselves in the scale of civilization. Every dollar that we could spare, and every instrumentality in our power, has been made use of to diffuse the blessings of education among our people, and to improve their moral and physical condition. But our means and resources are too scanty to accomplish but a little of what we desire. Our progress is too slow, and we are almost disheartened; but let our affaiis with the govern- ment be properly and kindly adjusted — let only simple justice be done to us in the matter which we now submit for your consideration — and we believe a new and brighter day will soon dawn upon us; that the dark clouds which have so long obscured our future will pass away, and the sunlight of hope will gladden our hearts, exciting and encour- aging us to renewed efforts and still nobler aims. We regard with deep interest the plan which has been brought for- ward by a member of the Senate, whom we love and honor as a kind, disinterested, and zealous friend of our unfortunate race, for placing ourselves and the other tribes in our vicinity in a position of political equality with our white brethren. It is one that we are anxious to oc- cupy ; but our present resources are too restricted and limited, we fear, to justify us in assuming it. Let us but have the means of giving a new, stronger, and wider impulse to the cause of education among our people, and to aid us in defraying the greater expense of a more ele- vated ])osition and form of government, and we shall be proud to assume them. We believe a just and fair settlement with us by the govern- ment would give us means to a sufficient extent to justify us in assum- ing the new and more elevated position so kindly proposed to be held out to us. AnrI we realize the necessity of some such change. We cannot remain long as we are. We musi, rapidly become a regenerated and enlightened people, and place ourselves as nearly as possible in a situation of equality with our white brethren, or we shall be overcome and destroyed by the mighty wave of population and civilization which is rapidly spreading and rolling onward with accumulated and resist- less force towards the remotest confines of this great country, and which has already engulphed such myriads of our race. We believe, honored sir, that our destiny is, in a measure, in your hands. If you will consent to interfere and cause justice and liberahty to be extended towards us, we shall feel ourselves safe. We will en- deavor to profit wisely and discreetly by the results of such kinLJness, whatever they may be, to vindicate and ennoble the wisdom and magnanimity which dictated your friendly interference in our affairs, and so to preserve and manifest our deep sense of obligations towards you that your name may descend with reverence and blessings to the generations that are to come after us. We now beg leave to place in your hands our written memorial and documents. 6 To His Excellency General Franklin Pierce, President of the United States. Sir: The Choctaw nation of Indians, through the undersigned, their duly authorized delegates and representatives, respectfully pre- sent this, their humble appeal, to the Chief Magistrate of the United States. It is an appeal for justice, and, in your known magnanimity and generosity of character, we have a strong assurance that it will not be made in vain. We were sent here by our people more than a year ago, to endeavor to obtain a final settlement of our unadjusted affairs with the govern- ment, and to effect such changes in our existing treaty stipulations with it, as are required by our more advanced and enlightened condi- tion, and as would tend to simplify and render more satisfactory our relations with the government and with the people of the United States, with whom we are brought into contact, as well as with our brethren of other tribes. We were the more hopeful in regard to the latter object, because the government, through its authorized officer in charge of Indian affairs, had proclaimed its desire to revise all the old Indian treaties, because of their being, in many respects, crude, vague, and unsuitable in their provisions ; and to substitute others of a more simple, perspicuous, and satisfactory character. But, we more than regret to say that we have, thus far, accomplished noth- ing. An examination of our unsettled affairs has been refused, un- less ordered by Congress, with which branch of the government we should, rightfully, have nothing to do. And when, in compliance with a request to that effect, we simply and deferentially submitted an outline of the changes which appeared desirable in our conven- tional arrangements with the government, we were considered as making demands, some of which, appearing to be novel, were re- garded as improper and presumptuous, and the whole subject appa- rently dismissed as unworthy of further consideration. All that we have asked for is justice, and the establishment of a more liberal and enlightened policy towards us. We have entirely failed in our ef- forts, while there is not a northern tribe of Indians for whom the same things substantially are not being done. .With them, new treaties have been, or are being made, by which their relations with the government have been, or are to be, modified ; former controver- sies settled, old claims adjusted, and injuries repaired. While these things are being done for them, the rights and interests of the great semi-civilized southern tribes, who, by their progress and advance- ment in civilization, and in the pursuits of civilized life, have done most to confer credit upon the Indian policy of the United States, and upon whom the government must rely in case of difficulties in its Indian relations in the west, arc, as it seems to us, slighted and neg- lected. The representatives of the four great southern tribes — the Chero- kees, Creeks, Chickasaws, and Choctaws — have, in turn, appeared here, and appealed to the government, in the most urgent but respectful manner, for justice and the exercise of a liberal policy in matters affecting their welfare and vital interests, but they have appealed in vain. There has certainly been a manifest distinction and discrimin- ation between the northern and southern Indians in the course of the government authorities towards them — a distinction painful and humil- iating to the latter. Howto account for it we know not. It may have been entirely accidental. Of one thing, however, we feel assured — that it has not been authorized by you; and that it is a circumstance of which you cannot be aware. Overburdened, as you are, with matters connected with the vast and complicated interests of this great nation, you have but little time and opportunity to make yourself acquainted with the condition and welfare of your poor and helpless red children. Yet, next to the Great Spirit, it is to you, their "Great Father," that they look, in all their difficulties and trials. Of all the Indian tribes with which the government has ever had any dealings, there is not one more deserving of friendly, liberal, and magnanimous regard than the Choctaws. It is a remarkable fact, confirmed by history, that they are the only tribe which has never been in hostile collision with, and been conquered and subdued by, the United States. Never have they broken a promise, or violated their plighted faith with the government. Under all, and in many trying circumstances, they have faithfully observed all their treaty stipulations. Quietly submitting to the unyielding and uncompro- mising policy of the government, they, years since, became dispos- sessed of the last portion of their once vast domains, out of which have been formed several of the leading and most important States of the Southwest; and for which they received the most inadequate com- pensation. Had they been less loyal and submissive, and resisted the policy and wishes of the government, they would, in many re- spects, have fared better, as other tribes have done that have pursued the latter course. Appealing to the history of their past relations with the United States for abundant proof of their many and strong claims upon the liberality and magnanimity of the government, and invoking that justice which is due and has not been extended to them, they, with humble confidence, submit their case for the consideration of their "Great Father," the President of the United States. They propose, in this paper, however, only a partial statement thereof; re- ferring to the accompanying documents for the facts and reasons, in detail, upon which their claims and pretensions are founded. By the treaty of 1820 with the Choctaws, they retained a compar- atively small portion of their once extensive possessions east of the Mississippi, for the permanent home of the more advanced portion of the tribe who desired to remain in the country of the homes and final resting-places of their forefathers, and eventually to become citizens of the United States. The great Jackson assured the Choctaws that if they would consent to make that treaty, and to relinquish that portion of their lands which was ceded by it to the government, the remainder sliould be secured to them forever — that "the pegs should be driven down, and the lines marked, never to be obliterated." Under circumstances of a coercive character, the Choctaws, with great reluctance, consented ; the treaty was made, and the remainder of their lands secured to them in perpetuity, to be eventually divided and held by them in severalty. As a part of the consideration for 8 the extensive and valuable cession thus obtained by the United States, the Choctaws were given the country they now occupy, west of Ar- kansas, for a home for the large portion of the tribe that was less civil- ized, and preferred the hunter mode of life. The game having be- come scarce in the old country, many had already wandered off and settled in that west. This western country, which, as stated, was given in part exchange for the cession east, was transferred and se- cured to the Choctaw nation also in perpetuity, as "a permanent home for the Choctaws and their posterity forever." The succeeding treaty of 1825, by which, to accommodate the government, a strip of the eastern portion of it was retroceded by the Choctaws, recognised it as their permanent possession. The Choctaws thus owned and held that portion remaining to them of their old country east, and that sold to them west by the treaty of 1820, by a permanent and se- cure title, which, as to that west of the Mississippi^ has never been weakened or impaired by any subsequent transaction between them and the government. The treaty of 1830, by which they ceded their remaining country east, only re-granted and confirmed it to them in a more formal and solemn manner, in order to comply with the pro- visions of the act of Congress, then recently passed, requiring the emigrated tribes to be specifically secured in their western homes by patent in fee simple. This explanation of the position and rights of the Choctaws, at the date of the treaty of 1830, is, to some extent, necessary to a proper understanding of their just rights and claims under that treaty. Referring to the accompanying copy (marked A) of our communi- cation of the 1st of May last, to our agent, who had been specially commissioned to examine into the business with which the delegation was charged, for a full statement of the facts and circumstances con- nected with the making of the treaty of 1830, and the grounds of our claims and demands under it, we will only say that, if that treaty can be fairly construed to give to our people no further rights and claims than there seems, thus far, to be a disposition in some quarters to concede to them, it was a cheat and a fraud, as discreditable to the government, as it is unjust and humiliating to the Choctaws. Like the treaty of 1820, that of 1830 was, in no slight degree, the result of coercion — of threats and representations of tlie most startling and alarming character. The Choctaws had long before determined never to sell another foot of their lands ; the permanent and secure possession of which, together with the care and protection of tlie gov- ment, had been solemnly pledged and guarantied to them. The uni- versal sense and determination of the nation was against any further cession, and they refused to treat on the subject on any terms. Through the means referred to, however, and the most liberal promises, the treaty of 1830 was obtained from them ; and they thereby lost the last acre of their ancient possessions. The great object of the treaty, on the part of the government, was to relieve itself of its obligations and promises to the Choctaws, of protection in their possessions, laws and customs ; which could not be carried out, without a conflict with State policy and laws. (See preamble to the treaty.) Hence, and be- cause the Choctaws had a perpetuity or fee-simple title to their lands, the commissioners promised them the whole and entire benefit to re- sult from their cession. They were explicitly told by the commis- sioners that the government did not want their lands, but only the mere possession of them. It had enough of its own already ; ^nd the commissioners did not come as traders, to dispute about prices. They came as friends to do them full justice, and would take no advantage of them whatever, and all the benefits of the transaction would be theirs ; none would result to the United fStates, which were to derive no advantage or benefit whatever from the value or sale of the lands. These and like promises were made and reiterated, in every manner and form calculated to allure the Choctaws, and gain their assent to the propositions made by the commissioners ; but all without effect, until they became panic-stricken by the threats and alarming repre- sentations made by the commissioners, of the withdrawal of the pro- tection of the government, and the certain ruin and destruction of the Choctaws as a nation and people. We refer to the printed journal of the commissioners for the truth of what we here state ; though it does not contain the final speech of the chief commissioner — who then held the high position of Secretary of War — which had the principal efi'ect in frightening the Choctaws into a compliance with the wishes of the government. Immediately after that speech the treaty was signed, amidst great excitement and confusion, and without being read inter- preted. It was thus consummated in a moment of desperation on the part of the Choctaws, which was so great and universal, that it was dan- gerous for the commissioners to remain on the ground or in the coun- try, and they hurried off immediately ; not even taking time to make and leave behind a copy of the treaty for the information of the Choc- taws, which was promised to them. They had every assurance, how- ever, that it contained all the commissioners had promised ; and especially that it secured to them the full and entire actual value of their lands ; no part of which, as they were told, was to go to the United States. The Choctaws, and we, as their delegates and representatives, con- tend that the treaty, as it stands, though less specific than the prom- ises of the commissioners — upon which our people relied in hsfetily signing the treaty without its being read to them — does, by a fair and just interpretation, give to them the value of the lands ceded by it, viz : the actual proceeds of the sales thereof, after deducting the ne- cessary and proper expenses of tlieir survey and sale. We have suc- cessfully and satisfactorily established this proposition in the argu- ment addressed to our agent on the subject, to which we have already referred. But, admit doubtfulness in the treaty on this point, the very article thereof (IStli) which was intended to, and, according to our judgment, does secure to us the proceeds of the lands, provides "that, in the construction of this treaty, wherever well-founded doubt shall arise, it shall be construed most favorably towards the Choctaws." If there be any doubt, therefore, the Choctaws are entitled to the benefit of it ; but, taken in connexion with the pledges and promises of the commissioners, the treaty cannot be considered doubtful on this (question. Further, in case of doubt or obscurity, we have the right, by a well-established principle of interpretation, to go back. 10 and refer to the facts preceding and connected witli the formation of the treaty, and especially to the promises of the commissioners, as to what the treaty should contain, to show its meaning and intent. Be- tween equals, this is a right which can be claimed only on the most clear and undoubted grounds ; but, between a great, powerful, and enliglitened government such as the United States, and a weak, help- less, and comparatively ignorant people like the Choctaws, it is one which should be conceded on the slightest grounds of doubt. "We humbly submit that it would ill-become the dignity, honor, and fair fame of this ' ' great republic' ' to stand upon technicalities in such a case. In further proof of the facts and circumstances connected with the making of the treaty of 1830, and of our just and equitable rights under it, we refer to the accompanying letters (marked B and C) of General J. H. Eaton, who was the principal commissioner on the part of the United States in its negotiation, and General R. H. Grant, of Mississippi, a gentleman of high character and undoubted integrity, who was present at all the councils, and knew everything that trans- pired therein. We would respectfully call your attention to the report of our agent (a copy of which is herewith, marked D) in regard to our pecuniary rights under the treaty of 1830. Though taking a different view of the subject from that of our people and ourselves, it comes to the same result, viz: that the moneys realized from the sale of our lands, after discharging the proper liens thereon, fairly and justly belong to the Choctaws. That report was evidently prepared with great care; and we have no doubt the honorable Secretary of War will give ample testimony of the ability and integrity of the gentleman who made it. We have in it the judgment of an intelligent and reliable officer of the government, specially commissioned to examine into the subject, that our claim is a just one. We cannot but believe, sir, that, on in- vestigating it, you also will come to that conclusion. In pressing our right to the actual proceeds of our lands, we are not making a demand of a novel character — not asking what has not been allowed to other tribes. The same right was conceded to our brethren the Chickasaws, whose country adjoined that of the Choc- taws, east of the Mississippi, and whose title thereto Avas only the oc- cupant of '^ Indian title." The treaty with them was made only a few years after that with us, and, as Ave understand it, upon the same basis, though they held their country by a title of far less dignity than ours. It was also granted to the Wyandotts and other Indians in Ohio about the same time ; and all the treaties recently made with the Indians in Nebraska and Kansas — with but one or two exceptions, in Avhich large prices on lien were agreed to be paid for the lands — are based upon the same principle. We would call your attention to the individual claims of many of our people under the treaty of 1830, Avhose rights have been totally disregarded or neglected by the government. They are briefly set forth and referred to in our argument before our agent, and in his re- port. We have shown why tlieir further prosecution against the gov- ernment is entirely hopeless ; in consequence of which the Choctaw aX nation has proposed to assume the settlement and payment of them itself, if the United States will do justice and pay over the amount due to it. For both these purposes a new treaty is necessary ; and we humbly trust, sir, that you will see the propriety of directing one to be made with us, providing for a pecuniary settlement with the Choctaws, on the basis we claim, as a matter of right and justice. There are other important reasons why a new treaty should be made with us, as you will find on a perusal of our papers. We particu- larly refer you to the accompanying copy (marked E) of our commu- nication to the Acting Commissioner of Indian Affairs of the 11th of July last, from which you will perceive that there are grave and im- portant issues pending between the Choctaws and the United States — issues which must be met and settled soon ; and which we hope your administration will have the credit of doing, instead of our being thrown off upon a succeeding one, or upon Congress, as proposed by the Hon. Secretary of the Interior. Sir, we claim that the executive department of the government is not justified in referring us to Con- gress for a redress of grievances arising out of the non-fulfilment of treaty stipulations. It cannot do so without a manifest disregard of its just obligations. With it rests the duty of carrying out the laws promptly, justly, and, in the case of a feeble Indian tribe, magnani- mously ; and a treaty is the highest kind of law. There is no more propriety in referring us to Congress to prosecute rights and claims arising under treaty stipulations, than there would be in so referring a foreign nation having demands arising in the same way. And what would be thought of the executive department of this government, not only by other governments, but by its own people, if it so sought to transfer its duty and responsibility to Congress ? The Hon. Secretary of the Interior, in his letter to the Commis- sioner of Indian Affairs of the 20th June last, (copy herewith marked F,) summarily disposing of our case, and throwing us upon Congress, says : "If the annuities have not been paid, according to treaty stip- ulations, let Congress, or one of the houses, make a call upon the In- dian Ofiice and Second Auditor for the necessary statements and re- ports." In order to demonstrate the injustice of such a decision, and the inutility of such a reference of us to Congress, it is only necessary for us to state, that under the last administration, without waiting for a call from '' Congress, or one of the houses/' an investigation was made to ascertain whether our annuities had "been paid according to treaty stipulations." It was found they had not; that there was a large amount due to the Choctaws, under specific treaty provisions, which had never been paid. This fact was reported to Congress, and that body requested to make the necessary appropriation. But "one of the houses," wanting further information on the subject, made a call for it on the Hon. Secretary of the Interior. This call was math' nearly two years ago, and the inlormation has not yet been furnislied, nor the appropriation made. Who is chargeable with this delay, or whether any one is to blame tor it, we do not pretend to judge; but one thing is certain — that had we ever entertained anv expectation or hope of effecting anything towards the settlement of our afiairs 12 tliroiigh a ''call of Congress or one of the houses," this circumstance would have completely annihilated it. Sir, we regret that this paper is so long; that we could not, in jus- tice to our people, make it shorter. Our business is complicated and important, involving many weighty facts, circumstances, and issues, not a few of which we have omitted to state. There is one point, however, which a deep sense of solemn responsibility constrains us to state before closing ; and that is, that the future of the Choctaws materially depends upon what is now done, or omitted to be done, for them. They have arrived at a critical point in their history. They have made great advances in civilization. This has been done mainly by education. To promote this great cause, they have exerted every energy, and used all the means and resources they could command, for the purpose. These are, however, in a measure, failing ; and public spirit on the subject, which has been sedulously cultivated and pro- moted in every possible way, is in danger of languishing, and the Choctaws are becoming discouraged, and retrograding. In their anx- iety upon the subject, they are beginning to see and realize how slow is their progress, and how little is accomplished, compared with Avhat might be effected if their means were more ample. They know that the government owes them sufhcient to enable them to meet the exi- gencies of their situation, and they feel keenly its injustice towards them, in the withholding of their just dues. In short, they have ar- rived at that jioint where continued injustice may ruin, or justice and magnanimity preserve, advance, and perpetuate them, as an edu- cated, moral, industrious, and prosperous people. We believe that the issue is now in your hands. We leave it with you, hoping that you will perceive its importance, and the possible consequences in- volved in it. We believe, too, that it presents one of those felicitous occasions seldom occuring in the life of any one men, when, by the manifestation of only a commendable degree of personal interest, and a laudable exercise of authority conferred for noble purposes, he can materially contribute to promote the improvement, welfare, and hap- piness of a whole people, and embalm his name and memory in their hearts, and in those of generations to succeed them. Earnestly and hopefully commending the cause of the Choctaws to your kind and generous consideration, we have the honor to subscribe ourselves your excellency's friends and servants, P. P. PITCHLYNN, ISRAEL FOLSOM, SAMUEL GARLAND, DICKSON W. LEWIS. Washington City, February 3, 1855. Washington C^y, April 5, 1854. Sir : Aftei some deliberation about the best course for us to pursue in relation to the leading object of our visit to this city, as delegates of the Choctaw nation, we have concluded to explain and submit it in writing, and therefore respectfully address you this communi- cation. 13 The Choctawsliave reached an important stage in their history and progress, having emerged from a state of pupilage, and become suffi- ciently capable of taking care of themselves to justify material changes in their political and pecuniary relations with the United States. And they are anxious to effect such changes in those respects as may be agreeable to the government, and have a tendency to promote their advancement and prosperity. Hoping that the recent movement in Congress with reference to some modifications in our political relations will lead to such as are necessary and desirable, we will not trouble you with any remarks uj)on that branch of the subject, but confine ourselves to that of our pecuniary affairs and interests as connected with the government. These, including all questions of rights and claims of every descrip- tion against the government, it is our earnest wish to have finally ad- justed and closed, so as to put an end to all further contentions with the United States in relation thereto, and to release us from that con- dition of uncertainty and dependence in which we have so long been placed, and which has so fatal an influence in repressing enterprise and industry among our people. We might call your attention to many subjects and causes of dis- satisfaction, but we shall notice only a few arising under the treaty of "Dancing Rabbit Creek." Nearly twenty-four years have elapsed since that treaty was made, during the whole of which time there have been contests and disputes of one kind or another in regard to the execution of its different stipulations, which, to a greater or less extent, have kept our people in a state of perplexity, uncertainty, and dependence, extremely embarrassing and prejudicial to their in- terests and welfare. It is the fixed sentiment of our people that scarcely one of its executive stipulations has been carried out by the government in a manner to do justice, and according to its extent. Under the 14th article of the treaty every head of a family in the nation could have remained east and acquired sufficient quantities of land out of the ceded territory to have made them all independent. The great body of the people^ however, yielded to the policy and so- licitations of the government, and consented to remove west. We were to have had ample time to prepare therefor, but every means and appliance was used to hurry us off, and the emigration was disastrous in the extreme in the loss of both life and property. No means were provided to enable us to take with us such of our personal effects as were indispensable to our comfort and necessities, in re-establishing ourselves in a new and wilderness country, and no opportunity given us to dispose of them. We were pushed ofi", and told by the agents of the government to leave them — that they would be paid for; but not a cent of indemnity therefor did we ever obtain. The treaty sti})ulated that our cattle should be valued and paid for, or others furnished, west; but in a very large number of cases no such valuation was made, and of course no compensation in money, or other cattle obtained. There are hundreds of just claims of this kind in tlie nation, which we have found it to be hopeless to urge on the government. Some of the more inde])endent of our people refused to be hurried off by the government agents, and to be removed under the uncom- 14 fortable arrangements provided. They preferred to, and did remain and submit themselves ; thereby acquiring a right to com^iensation therefor, but which many have never received. Consider the history of the execution of the 14th article of the treaty, and the wrong and injustice thereby inflicted upon a large portion of that class who elected to take advantage of its provisions. These reservations Avere sold from them by the government as public land, or they were forcibly disposed of, or by threats and intimida- tions driven from them, by heartless and lawless white men. When these facts became known to the government, justice required that it should repossess them of their property, but no effort for that purpose was made. They were told that their reservations were gone, and could not be restored. For years they were petitioners in vain for some just remuneration for their lost rights ; and when, at last, a law was passed to examine their claims, it prescribed a course of adjudication of so rigid and technical a character as necessarily to, exclude many just claims. Those that did not come within the exact measure of this strict and restrictive law were rejected, though in justice and equity they were, under the circumstances, full as meritorious as those that were al- lowed. From lapse of time, and death and dispersion of witnesses, cases that did not come within the specific requirements of the law, could not be established. The investigation was such as could be successfully met only by in- telligent persons familiar with judicial proceedings, and who had known from the first the importance of preserving, and preparing for the establishment of, every fact connected with the loss of their rights. Not one of the claimants could meet it without the assistance of able and astute attorneys, Avhom they were all compelled to employ, and agree to pay one-lialf of what was recovered for them. Many of the reservees, despairing of obtaining any remuneration from the government for their lost rights, and being destitute of means and resources^ were compelled to take a refuge with their brethren in the west, before the law passed for the adjudication of the claims. All such, the law cut off entirely, because they had removed ; while in the case of those who remained, and whose rights were established, the government withheld the inadequate compensation it determined to allow them, unless they did remove ; though they were citizens of Mississippi, and by the treaty were entitled to remain and enjoy all their rights there. It is true, that a portion of one-half of the scrip that was granted them, in lieu of their lost reservations, was paid, east of the Mississippi river, but it was paid in such a manner that it all went into the hands of attorneys and speculators, and was of no benefit whatever to its rightful owners. Most of that which was paid to them was issued in the Choctaw country west, where they could not locate it, and it was comparatively valueless. They had to dis- pose of it for what they could get from speculators, combined together to obtain it at the lowest rates. The price realized was seldom greater than about thirty-one and a quarter cents per acre — only one-fourth of the lowest price they could have obtained for the lands they could have located with the scrip, had it been given to them, east. Their 15 own lands, to wliicli they were entitled under the treaty, hut of which they were dispossessed, they could have been sold, in many cases, for from five to ten dollars an acre. The result is, that those who have obtained anything, have received the merest pittance, a compensation wholly inadequate ; while there are hundreds, whose claims are quite as just and meritorious as those that have been allowed, that have never received anything. The 19th article of the treaty likewise granted reservations of limited extent to particular classes of our people, without the condi- tion, prescribed by the 14th article, of their remaining thereon, and which they were at liberty to sell with the assent of the President. But if these preferred, or omitted to take the reservations, they were to be comjjensated therefor in money, at the rate of fifty cents per acre. Many claims of this class remain unadjusted and unpaid, not- withstanding the repeated solicitations, prayers, and efforts of our people to obtain a settlement of them. But we will not proceed further with this painful recital of individ- ual rights sacrificed and neglected. The claims that have grown out of them are numerous and just, and ought to be settled. They have continued to be asserted and urged, from time to tim.ei, for more than twenty years, but without effect. It is hopeless longer to press them upon the government, as they cannot now be proved up with that ac- curacy and certainty which it requires in all cases to avoid fraud and imposition. They can be settled in a manner to do justice only by ourselves. We know the parties and all the facts connected with their demands, and how far the latter are well founded, and worthy of compensation, or otherwise. So long as they remain unadjusted, our people will be kept in a state of controversy and excitement. The authorities of the nation and our agent will continue to be importuned, as they are now, so that they will have no peace in regard to them; while the claimants, in the hope of obtaining justice, will continue to rely on the expectation thereof, to the neglect of all other duties and interests, setting an example of idleness pernicious and hurtful to others, and too likely to be followed by many. Thereare, also, important national claims and pecuniary rights re- quiring to be adjusted and settled. We will, however, mention now only one case of this kind in which injustice has been done to us, de- ferring, till a more appropriate occasion, a full and complete exposi- tion on this subject, should it become necessary. We refer to the simple matter of "arrearages" payable tons as annuities, about which there should have been no mistake or difiiculty. The amounts are fixed, and should have been paid over regularly and without abate- ment; but this has not been done. An investigation in the office where the vouchers and evidence of all the payments and expenditures to and for us are kept, made at the instance of your office nearly two years ago, shows, beyond dispute, that of the amounts due and payable on this account, from 1831 to 1850, the considerable sum of over ninety thousand dollars has been withheld and never paid. We wish to make an arrangement for a final adjustment of all such 16 matters, both individual and national. We propose to release the government from all further obligation and liability in regard to the former, which we will assume and settle, with the assistance of our agent, out of our own funds, if we can obtain and have the requisite control over what is justly and fairly due to us. What would be the aggregate of the amount to which we are entitled, we do not know. A proper investigation would be necessary to ascertain it. Such por- tion of it as might not be required for the satisfaction of the private rights and claims, which we propose to assume, we wish to consoli- date or convert into one single national fund, applicable to great national objects and purposes only: such as education, necessary gov- ernmental expenses, on an economical scale, and legitimate and pro- per objects of internal improvements, as roads, bridges, mills, me- chanical establishments, and agriculture. We desire to put an end, now and forever, to everything like distributive annuities, which we consider a curse instead of a benefit. To secure the desirable and important ends we have thus briefly and imperfectly submitted, a new treaty will be necessary, which we are fully empowered to enter into, should it be the pleasure of the gov- ernment to entertain and consent to the proposition. We would also be glad to enter into a new treaty, for the excellent reasons recom- mended in your annual report, to reduce into one simple code, easily understood and administered, all the crude, inharmonious, and in some cases inconsistent stipulations of our various existing treaties. From motives of delicacy, we have abstained from consulting our es- teemed agent upon the subject of this communication, leaving him free to be first consulted by the department thereon, so far as it may think proper so to do. With great respect, we have the honor to be, sir, your most obedient servants, P. P. PITCHLYNN, ISRAEL FOLSOM, SAMUEL GARLAND, DICKSON W. LEWIS, Choctaio Delegates. Hon. G. W. Manypenny, Commissionei^ of Indian Affairs, Department of the Interior, Office Indian Affairs, April 13, 1854. Sir : I have the honor to submit for your consideration a commitni- cation from the Choctaw delegation, now in this city, proposing an arrangement for the purpose of settling all outstanding matters be- tween them and the government, and of substituting one simple con- vention in lieu of the complex and somewhat heterogeneous treaty provisions now in force between their tribe and the United States, in conformity with the general recommendation in my annual report in favor of such an arrangement as the latter with all the tribes similarly situated. 17 The proposition is one deserving of the favorable considera- tion of the department. There are doubtless outstanding matters with these Indians that should be finally adjusted and closed; and a new convention of a proper character, in lieu of those now existing, would much simplify our relations with the Choctaws, and save much trouble and embarrassment in the management of their affairs. The subject will, however, require preliminary investigation and conference with the delegation, which my other pressing engage- ments will not admit of my attending to in person. I therefore recommend that this duty be assigned to agent Cooper, who is now here, so that the department may be fully informed of the magnitude and nature of the claims of the Choctaws, and be better pre- pared to enter into such an arrangement with the delegation as may be suitable and proper for the accomplishment of the objects in view. Very respectfully, your obedient servant, GEO. W. MANYPENNY, Commissioner. Hon. R. McClelland, Secretary of the Interior. Department of the Interior, Washington, Ajjril 15, 1854. Sir : I have considered the subject of your letter of the 13th inst., submitting a proposition of the Choctaw delegation, now in this city, to settle all outstanding matters between them and the government, and of substituting a simple convention in lieu of the treaty provis- ions now in force, and approve your recommendation of the course which should be pursued for the accomplishment of the objects in view, and request that you will take the necessary action to carry into effect the arrangements proposed. The paper which accompanied your letter is herewith returned. I am, sir, very respectfully, your obedient servant, E. McClelland, Secretary.. Commissioner of Indian Affairs. Department of the Interior, Office Indian Affairs, April 20, 1854. Sir: Enclosed is a copy of a communication from the Choctaw del- egation, proposing a new arrangement for the purpose of settling all outstanding matters, and simplifying the relations between their tribe and the United States. I enclose also a copy of my letter to the Secretary of the Interior, submitting said communication to him. He having ai)proved the recommendation therein contained, the duty is accordingly assigned to you to confer with the delegation, and make the requisite inquiry and investigation to ascertain the character and extent of the claims 2 18 of the Choctaws, and the arrangement that will be necessary to ac- complish the object in view. You will proceed to the performance of this duty without delay, and report the result of your investigation and views upon the subject. Very respectfully, your obedient servant, GEO. W. MANYPENNY, Commissioner. Douglas H. Cooper, Esq., U. S. Agent for Chodatvs, Present, Washington City, D. C, April 20, 1854. Gentlemen: I am to-day in receipt of a communication from the Hon. George W. Manypenny, Commissioner of Indian Affairs, enclos- ing one irom the Choctaw delegation to himself, proposing an arrange- ment for the purpose of settling all outstanding matters, and simplitying the relations between their tribe and the United States. The honorable Commissioner has directed me " to confer with the delegation, and make the requisite inquiry and investigation to ascer- tam the character and extent of the claims of the Choctaws, and the arrangement that will be necessary to accomplish the object in view." I am now prepared to receive any communication you may see proper to make, touching the claims and the proposed arrangement referred to in your communication of April 5, 1854, to the Commis- sioner of Indian Affairs. Very respectfully, DOULAS H. COOPER, U. S. Agent for Choctaws. Messrs. P. P. Pitchlynn, Israel Folsom, Samuel Garland, Dickson W. Lewis, Choctaw Delegation. Washngton City, D. C, April 20, 1854. ' Sir: We have received your letter of this date, informing us that our communication of the 5th instant, to the honorable Commissioner of Indian Affairs, has been referred to you, with directions "to confer with the delegation," (ourselves,) *'and make the requisite inquiry and investigation to ascertain the character and extent of the claims of the Choctaws, and the arrangement that will be necessary to accomplish the object in view," viz: the settling up of all outstanding matters, and simplifying the relations between the United States and the Choctaws. In reply to that part of your letter in which you say that you are now prepared to receive any communication we may see proper to make, touching the claims and proposed arrangement referred to in our 19 letter to the Hon. Commissioner, we beg leave to state, that not being able to anticipate what action would be had upon that letter, we are not prepared to submit immediately a turther communication on those subjects; but we hope to be able to do so in the course of a few days. We will hold ourselves in readiness for any conferences with which you may be disposed to honor us. With great respect, your obedient servants, P. P. PITCHLYNN, ISRAEL FOLSOM, SAMUEL GARLAND, DICKSON W. LEWIS, Choctaw Delegation. Gen. D. H. Cooper, U. S. Agent fur the Choctaics, now in Washington, D. C. A. Washington City, il/ay 1, 1854. Sir : In regard to that portion of your letter of the 20th ultimo, which we acknowledged on the same day, inviting a communication from us in relation to the character and extent of the claims of the Choctaws against the United States, we beg leave to remark that we have not assumed the position of contending for the payment of any particular claims by the United States. That there are just claims to a large amount, arising under the Dancing Rabbit Creek treaty, which have never been settled, you cannot but be aware, from what you have already learned during even your brief official connexion with our people. To the more important classes of these claims, we briefly adverted in our letter to the honorable Commissioner of Indian Affairs of the 5th ultimo, which has been referred to you. We also stated some of the reasons why, at this late day, we never could hope to effect a just settlement of them by the government. The unavail- ing efforts of twenty years to accomplish that object, leaves no ground for any other conclusion. The most of the claims depend upon facts which our people are unable to establish in such manner as to bring them within any rule of adjudication and settlement which the gov- ernment has been, or will be, willing to adopt. We have been dealt with as though we were intelligent white men ; having the capacity, and knowing the importance of collecting and preserving evidence in relation to the claims. From lapse of time, these facts cannot now be substantiated to the satisfaction of the government. They have, m a measure, become only traditionary. Yet the claims are not the less just, and ought to be settled. Until this is done in some way, neither the authorities of the nation, nor our agent, will be free from embarrassing and perplexing importunity upon the subject. An In- dian never gives up a claim which he knows to be just, but will con- tinue to urge and press it at every opportunity. And, unfortunately, he will, as a general rule, do very little else tending to his advantage. He will live on in hope of obtaining his demand, and the result is a 20 life of idleness and misery. From the number of those among our people having unadjusted claims, we have seen but too many such examples. Though these individual claims can never be proved up so that justice can be done directly by the government, they are known, or can be ascertained among ourselves, and, with your assistance, they can be justly and satisfactorily disposed of so as to put an end to them forever. This we are willing to do out of our own funds, if we can effect such a national settlement and arrangement with the gov- ernment as Ave and our people desire. As to the extent of these claims, we are not in a situation at present to furnish any accurate information. We have not the means of making any reliable estimate of their amount. They are known to be numerous, and it will require a very large sum to satisfy them. Should the Department insist on an estimate of them, we must ask your kind assistance in the prej)a- ration of one. We now proceed to explain the arrangement and settlement we desire to make : Under the 18th article of the treaty of Dancing Kabbit creek, we are entitled to the fund arising from the sale of our lands ceded un- der that instrument; subject, of course, to a deduction of the expenses of surveying and selling them, and of the amount of the several pe- cuniary obligations and payments provided for in the treaty, and which constituted "the debt" to "be provided for and arranged," mentioned in the 18th article. The proceeds of the lands were not to be paid over to us as the latter were sold, but were to be retained and preserved by the government, and remain a pledged fund until the payment of the obligations, or debts referred to, had been completed. The reason of this arrangement was, that it was not known when or for what prices the lands would sell. No reasonable calculation could be made as to when their sale would afford any particular amount of income ; and, in the mean time, it was necessary to make provision for the emigration and subsistence of such as would be disposed to remove, compensation for property Avhich they could not take with them, annual means of support, after removal, for a series of years, purposes of education, &c., &c. Provision was made in the treaty accordingly : the principal payments being an annuity of $20,000 ; expense of educating a specified number of youths ; and the employ- ment of certain teachers. These were to run for twenty years, which would give ample time, as was supposed, for the sale of the lands, or of all that were of any material value. The fund arising from the sale of the lands being pledged to re- main with the government until the payment of the debts, we were of course precluded from calling for it until they had been paid. Some of them, of an individual character, are not yet paid, as already stated ; but, for the reasons given, there seems no reasonable .ground for hope that they ever will be, unless in the manner suggested. The principal debts have nominally been paid, though, in res})ect to annuity, the payments have fallen short of the aggregate of the amount specified in the treaty, some ninety thousand dollars, as stated in our letter to the Commissioner of Indian Affairs. The time ii for tlieir payment lias, however, expired, and we therefore feel justi- fied in now calling upon the government for a settlement under the treaty. We presume there can exist no just cause of difficulty in making a settlement, so far as the lands have been sold. But a por- tion of them yet remain undisposed of; and in order to make a final settlement with the United States, as we are anxious to do, we wish to relinquish all claims to, or on account of them, for such a rate or amount of consideration as may be fair and just, and the government is willing to allow. In order to effect this purpose, and to relieve the United States from all further liability on account of the unad- justed individual claims under the treaty, and to provide for their settlement and payment by ourselves, a new treaty will be necessary, by which, also, we desire to accomplish the other object stated in our communication to the Hon. Commissioner, viz : the simplification of our relations with the United States, by the substitution of one j^lain, simple convention for all the various stipulations of the several treaties between us now in force. We have thus briefly stated what we desire, and our understanding of our pecuniary rights under the treaty of 1830, which is in strict conformity with justice, and with what the commissioners, who ne- gotiated the treaty, promised. The 18th article of the treaty being, however, somewhat vague and inexplicit, may be liable to have a con- struction put upon it that would do us great wrong and injustice, by those unacquainted with the circumstances of our position at the time of the treaty, and important facts in relation to the latter, having a material bearing in regard to its correct interpretation on the point under consideration. We deem it proper, therefore, to submit, in as short a compass as we can state them, the grounds upon which our view of the question is founded. Prior to the treaty of Dook's Stand, in 1820, the Choctaws had made large cessions of territory to the United States, without receiv- ing any just or adequate equivalent. For one of a considerable extent of territory, made by the treaty of 1802, only the pitiful sum of one dollar, and a small quantity of dry goods and a few other articles, were agreed to be given by the United States. Having derived no substantial advantage from these cessions, and parted with all the lands which they believed they could spare, the Choctaws determined to keep what remained to them for their own use, and to cede no more. This determination did not, however, avail them. The government was equally det(!rmined to have more, and, by threats and intimida- tion, drove tiem into the making of the further cession of 1820. To provide efiectually for the accompli f-hment of the object, they sent to us, as one of the commissioners on that occasion, that great man and master-spirit, General Andrew Jackson, imder whom the Choctaws had fought on tlie side of the United States in 1813 and 1814, and whom they loved and respected. Notwithstanding their great regard for him, however, they were wholly unwilling to agree to treat for a further cession of their lands, but were driven to do so in the manner stated. The commissioners informed the Secretary of War that they found the Indians very much opposed to ceding or exchanging any land ; 22 that every cliief was threatened with death if he consented to sell or exchange an acre; but that presents, judiciously applied to a few chiefs and influential men, to the amount of some $4,700, with a seasonable admixture of threats and cajolery, effected the desired exchange. The Indians were told that the President had purchased lands for them west of the Mississippi, (to which some of the more restless of the Choctaws had gone;) that those who would remove there would find a good country, and those who chose to remain could do so. They were threatened that, if they would not treat, a treaty would be made with those who had gone west of the Mississippi, in which case the United States might take their lands east for those west, acre for acre, and a cession be thus obtained, that would cut up the country east, so as to infringe upon their population and destroy their schools. They were distinctly told that no other talk would ever be delivered by the President to the Choctaws east of the Mississippi ;. and that if they refused to treat, the patience of the President would be exhausted — they must submit to the consequences, and the nation be discarded from the friendship and protection of the whites ; that the Choctaws and the whites could no longer befriends and brothers, and the Choc- taw name v^ould be irrevocably lost ; that General Jackson had come to preserve them, and if they did not treat, no foresight could calcu- late their distresses; that a heavy cloud might burst upon them, and they would be without friends to counsel or protect them ; and that their existence was in their own hands, as a refusal to treat might be fatal to them as a nation. They were, over and over, assured that all who chose to remain might do so and be happy ; that those who did should become citizens of the United States, and have suitable reserv- ations, including their improvements, and be protected by the laws of the United States ',. that the President would give them the land west of the Mississippi, and there perpetuate them as a nation; that their white brethren would not then ask them for anymore land, and they were only required to cede such a part as would not interfere with their schools, or infringe upon the great body of their poimlation ; that the President wished to perpetuate the Choctaws as a nation by collecting all who had emigrated, or should emigrate, and settling them together, upon land of their oivn, beyond the Mississippi; that if they did not treat, Congress would take the business into its own hands, as they had a right, by tlie treaty of Hopewell, to manage the affairs of the Choctaw nation ; that if they would cede part of their lands, the pegs should be driven down, and the lines distinctly marked, so that they could never be altered until they requested it themselves, or until they were advanced to that state of civilization when the land would be apportioned out to each family or individual in the nation. Such was the conduct of the government towards us on that memo- rable occasion, when, by bribery of some of our chief men, and by " threats and cajolery," we were betrayed and coerced into the treaty of 1820, and a further cession of lands, contrary to our Avishes and i)revious solemn determination. That treaty ceded and conveyed to us our present country west of the Mississippi, in part satisfaction of the cession made by us east. The country west was not ceded to us, " to be held as other Indian • 23 lands are held," as is generally, if not universally, tlie case when the mere Indian title is conveyed. It was an out-and-out cession of the country, which we purchased with a large and important part of our cherished and far more valuahle possessions east of the Mississippi. It was conveyed to us as land of our own, where we were to be ])er- petuated, as stated by General Jackson, and therefore in perpetuity, and, consequently, in fee-simple. It was intended and understood as a grant in fee-simple — as a purchase, as such, by the Choctaws. The Secretary of War (Mr. Calhoun) regarded and recognised the trans- action as a full and complete purchase and sale; and when, in 1825, he purchased back from us a portion of our western country lying within the present limits of the fetate of Arkansas, he inserted in the treaty, on that occasion, that the new line then established should ^^ constitute and remain the permanent boundary between the United States and the Choctaivs." The delegation with which this treaty was made had urged that this should be expressed in the strongest possi- ble terms ; and, in answer to an inquiry from the War Department on the subject, in 1826, under another administration of that depart- ment, the officers in charge of the Indian Bureau stated, or intima- ted, that our lands west were " guarantied to us forever." Commis- sioners appointed in that year by the government to endeavor to buy out our remaining lands in Mississippi, said the same thing. Thus we had a full, complete, and permanent title to our present country which no after treaty stipulation or law was needed to complete or strengthen. The treaty of 1820 secured, or stipulated to secure, to us a similar title to our remaining lands in Mississippi. G-eneral Jackson then told us that, at a future time, these lands should " be apportioned out to each family or individual in the nation;" in fee-simple, of course, and a provision to that effect was accordingly inserted in the treaty. The result of the foregoing facts is, that the cession of our remain- ing country east, by the treaty of 1830, was not a cession of a mere possessory right to them^ but of one that was a complete and perma- nent character, fully equivalent to, if not in fact, a fee-simple title. And the lands west, again guarantied to us by the treaty of 1830, formed no part of the compensation for the cession of those east. We already owned and had them by a title equal in validity and strength to that assured to us in the treaty of 1830 ; and the provision in that instrument on the subject was not put there to strengthen our tenure, or to change it into one of a really different character, but to give us a specific pledge of permanent title, to be embodied in a patent, in conformity with the policy of the act of Congress, then but recently passed, of May 28, 1830. These facts are of material importance, with reference to any vagueness or inexplicateness in the treaty, on the question of our right to the proceeds of our lands, or to any doubt as to the proper and just construction of that instrument on that point. Before proceeding to cite other facts still more important on this point, connected with the inception and formation of the treaty of 1830, we will here state, that although every assurance was given to us by the commissioners that made the treaty of 1820, that we were to remain in the undisturbed and permanent possession of our remain- 24 . ing lands east, and they were secured to us by the treaty, to he event- ually divided among us in fee-simple, yet only a few years had elapsed when possession of them was sought hy the government, a commission having been appointed to obtain them in 1826. These commissioners offered us one million of dollars ; payment of the value of our improvements — equal to half a million more ; expenses of our emigration and subsistence; and reservations to the extent of 300,000 acres. We refused to treat on any terms, being determined not to dispose of our remaining lands. This was the feeling of the nation when we were again approached for the same object, in 1830. Some restless, dissatisfied, aftd mischievous persons among us, however, took it upon themselves to cause it to be intimated to the government that we were desirous of selling our lands ; and this was made the pretext for sending commissioners to treat with us therefor. Our fixed determination to the contrary was again overcome, as in 1820, and in a somewhat similar manner. We were told by the commissioners, that if we did not cede our lands and remove west, the State laws would be extended over us, and we would be liable to be sued in the courts, and to be tried and punished for any offences we might commit, and be subjected to taxes, com- pelled to work on roads, and attend musters, because Congress had not the power to prevent the States from extending their jurisdiction over us ; that if we persisted in remaining east of the Mississippi, we must surrender the lands west, and there would be no more offers to treat with us ; no more commissioners would be sent to us, and we would be left to ourselves and to the operation of the State laws. After hear- ing the first talk of the commissioners, we refused to treat; but after similar representations, and the liberal inducements held out to us, the treaty was agreed on, and signed in great haste, and amidst much confusion and excitement. A large portion of our people were greatly opposed to it. There was so much feeling upon the subject, that it was dangerous for the commissioners to remain, and they had >v to hurry off immediately after the treaty. ^ From what the commissioners promised and said to us, we clearly understood that we were to receive the full benefit of the proceeds of our lands when they were sold. They said : "It is not your lands, but your hap]nness, that we seek; we seek no advantages, and will take none. Your Grreat Father would not approve such a course. He has sent us, not as traders, but as friends and brothers, and to act as such. We will thus act, be assured. We come not to practise im- position upon our Choctaw friends, but to extend to them justice. This we will do." * * They had come to protect the Choctaws from injury, "not to cavil with them about prices. As for their lands, the government cared nothing , for it had enough. Iheir ohject ivas merely the possession of tli country, luithout regard to anything of value or profit to he obtained from its sale." We were given clearly to understand, not only that the United States were to receive noth- ing of the "value or profit" from the sale of the lands, but that the benefit thereof was to inure to us, and we understood the treaty to provide accordingly; though, as stated, it was completed under cir- cumstances of great confusion and excitement, so that it was difficult 25 for us to obtain a clear comprehension of the precise force and cflfect of its provisions as written out ; and it was read to us but once before it was signed. Among the chief inducements to many of our people > to assent to the treaty were the stipulations for reservations in the 14th and 19th articles, particularly the former; under which, all that chose to do so, could remain and receive quantities of land sufficient to make them independent. The reservations of this class, according/ to the talk of the commissioners, were not to be assigned merely as so much land, but were to be taken with reference to a stated rate of value, viz : the minimum price of government lands ; and those who received them were not to participate in the pecuniary benefits of the treaty. There was thus to be a kind of settlement between those who remained and those who should emigrate, with reference to the bene- fit to be derived from the value of the land. The former were to re- ceive, as their share, large portions of the land, according to its esti- mated real value, and the latter the benefit of the remainder. If this were not so, wh}^ fix a rate of value for the lands to be taken out of the cession by the reservations, as was done by the commissioners ? There was a large portion of our people disposed to remain and take reservations; but as the principal object of the government in making the treaty was to eft'ect our removal, and it was anxious and urged and insisted that we should go, and as we were to get the benefit of the value of our lands, the great body were induced to forego the privilege of remaining, and to submit to the policy of the government by emigrating. We will now call your attention to the provisions of the treaty itself. The 18th article says : "And for the payment of the several amounts secured in this treaty^ the lands hereby ceded are to remain a fund pledged to that purpose until the debt shall be provided for and arranged." Now, the lands could not constitute a fund, nor was it them that were to remain pledged for the payments mentioned in the treaty ; for they were to be surveyed and sold. It was the pro- ceeds thereof that were to remain a pledged fund. This and other loose and unprecise language in the treaty, shows how inartificially it was drawn up, (to use an expression of a former Commissioner of Indian Aftairs we have heard of, in relation to the treaty made with the Cherokees in 1835,) and how easily a construction might be placed upon some of its provisions that would do us great injustice. Not a dollar of this fund was to be touched ; it was to remain pledged as it accumulated. The government could not use any portion of it for its own purposes ; it was to remain a sacred trust, to be held inviolate for our ultimate use and benefit. AVe presume it has been lield and preserved intact, though, reposing on the pledge in the treat)', we have not felt at liberty to intimate a doubt of the good faith of the government by making even an inquiry on that subject. If this fund was not to belong to us after the payments mentioned in the treaty — the debt therein referred to — had been ''provided for and arranged," why was a provision so novel and unusual in an Indian treaty inserted in that with us? There was certainly no necessity therefor, if the fund was to belong to the government. It had am])le means, to say nothing of its credit. It had then, as now, a rapidly 26 accumulating revenue, which, in a few years, enabled it to pay off the whole of its national debt, and to distribute a large surplus among the different States. No such pledge was, therefore, necessary to se- cure the comparatively paltry payments, for special purposes, provided for in the treaty ; and the Choctaws did not require, or even think of requiring, any security for that purpose. Why, also, if we had no further interest in the lands after their cession — if they and all their proceeds belonged entirely to the government — was it necessary or expedient to make the stipulation with us, for their survey and sale, that is contained in this same 18th article of the treaty? If we had no further rights in regard to them, it would have mattered not to us what became of them. The government could have done anything it pleased with them. It could have surveyed and sold them, or not, as it chose. It could even have given them all away as they stood, without survey, had it deemed such a disposition of them expedient and proper. But, sir, there is not a doubt on our minds upon this subject. These provisions were put in the treaty for our sole and ex- clusive benefit, and to carry out the promises of the commissioners and the understanding founded thereon — that we, and not the gov- ernment, were to have the whole of "the value or profit" of our lands. The fund, after the payment of the proper charges upon it, therefore, belongs to us, and not to the government. Such was our understanding, and such is the treaty, justly and fairly con- strued. But were there any just ground for doubt on this subject — which we do not admit — this 18th article of the treaty is wound up and closed with the very significant provision, "that in the construc- tion of this treaty, whenever well-founded doubt shall arise, it shall be construed most favorably towards the Choctaws." The addition of this stipulation to this particular article is significant. To us it was pecuniarily the most important article in the treaty; and with re- spect to it particularly, if there should be any doubt as to its just construction, it was to "be construed most favorably towards the Choctaws." It may be asked why, if it was the understanding and intention that we were to have the actual proceeds of our lands, this was not clearly and specifically expressed in the treaty? To this we can only answer, that such was our understanding and such the intention of the commissioners, as their talks to us show, though, as written out and printed, they fall short of what was said and promised to us. It is clear, therefore, that the United States did not seek or desire any portion of the benefit of the "value or profit," that might be derived from the sale of the lands; and that it was, consequently, to inure to the Choctaws. The commissioners were gentlemen of high standing and character. We had confidence in them, and that they would so fix the treaty as to perfect and carry out what they had clearly given us to understand and they had promised. We supposed tliis was done, and have never entertained a doubt on the subject. The treaty, it is true, might has^e been more explicit; and, but for our reliance upon the commissioners, we might have looked more closely to its exact wording. But Indians never confide partially; and we had full confidence in the commissioners, and supposed the treaty was all right. And we were compelled to rely upon them the more, because, as we have stated, the treaty was made and signed under circumstances that prevented our people from having the opportunity to examine and reflect upon its phraseology, that their limited intelligence and want of education required, to enable them to com])rehend whether their understanding of it on all points was fully and clearly expressed. We have said that our view of our pecuniary rights under the treaty of 1830, is in accordance with justice. We already owned the lands west. They are not, in any respect, to be considered as consti- tuting any part of the compensation to be made us for those east. The latter we owned and held under assurances and pledges, which gave us a title to them of far greater dignity and strengtli than what is generally known as the mere "Indian title." We held, or had a right to them, under a fee-simple title, and we were therefore entitled to their full value according to what they could be sold for by a judi- cious course of management. Were we denied their proceeds, and confined to the comparatively paltry sums, for particular purposes, specified in the treaty, we should be deprived of what is just and right, and was promised to us, and the treaty would be made a cheat and a fraud. The reservations and payments to individuals comprised no part of the compensation for the country ceded. The former, and, in part, the latter, were nothing less than bribes or inducements held out to the cupidity of individuals to procure their assent to the treaty ; and such of the latter as did not partake of this character, were mere indemnity for individual property. We have not the means of making an exact calculation, but all the other obligations and pay- ments mentioned in the treaty, that could in any way be considered as constituting compensation for our country, fall considerably short of one million of dollars, as we have no doubt you will find on an examination of that point. They do not amount to half of what we were offered in 1826, when we promptly, and without hesitation, re- jected the proposition and offers of the government ; and it is cer- tainly not to be regarded as at all likely, that only four years after that time, with no change in our sentiments against ceding our country, we would consent to receive a sum therefor materially less than we had then refused. It is known that the value of our improve- ments, not provided for in the treaty, and the property lost by us during emigration, would amount to more than the aggregate of the obligations and payments referred to ; so that, in fact, unless we ob- tain what we are now contending we are entitled to, we shall receive no real compensation whatever for the large and valuable cession made by us in the treaty of 1830. We ceded over or full seven millions of acres of as fine and valua- ble country as the government ever obtained from any Indian tribe ; and the obligations and payments to which we have referred, men- tioned in the treaty, would not constitute a compensation anything like adequate, even for the mere Indian title, while that by which we held the country was of far greater value, and entitled us to a far larger measure of compensation. In claiming the proceeds of our lands we ask for nothing more than 28 was alloAved to other tribes about the same time, and even to some who hehl their possessions only by the generally and unjustly depre- ciated " Indian title." It was conceded to the Chickasaws and others as a right to which they were entitled. The former lived by our side, and their country, though adjoining ours, was less desirable and val- uable, and they held it only by the Indian title. We know of nO reason why we should be less liberally dealt with. On the contrary, we believe that if there be anyone Indian tribe which, more than any other, is deserving of generous and magnanimous treatment by the government, that tribe is the Choctaws. Our relations with the United States have always been of an important character — more so than those of most other tribes ; but we have given the government less trouble and concern, we venture to assert, than any other of our strength and importance. The Choctaws have always been the fast friends of the United States and their citizens. They have stood by them in war, fought on their side, and freely shed their blood in their defence. Neitlier the eloquence of the renowned Tecumseh, nor the rich presents sent to them by the British during the last war with that power, could induce them to break their pledges of friendship and fidelity. They were importuned and beseeched by their misled brethren, the Creeks, to join them in their hostilities against the United States. They re- fused. The Creeks then begged them to remain neutral. They an- swered by sending that great captain. General Jackson, an effective force to aid him in subduing them ; while, during the hostilities, they guarded and saved from destruction many of the white settlements in that section of the country. The Choctaws have never raised the hatchet against the United States ; they have never stained their hands with the blood of a white man ; and no American citizen has ever had good cause to complain of wrong or injustice received at their hands. They have always submitted quietly and uncomplain- ingly to the policy and wishes of the government — too much so, in fact, for their own interests. Other tribes that have acted differently have been treated with far more liberality. We ask you, our respected agent and friend, and at the same time the representative and friend of the government, to examine some- what into our past transactions with it ; to ascertain the vast amount of territory we have ceded to it at different times, and for how inade- quate an amount of consideration, and to satisfy yourself whether our unvarying good faith, long-tried fidelity, quiet submission to the policy of the government, and the very limited and inadequate benefits we have received from it in return, do not now, at so important a crisis in the history of our people, entitle us, and our views and wishes, to the most liberal and generous consideration. With great regard, your obedient and humble servants, P. P. PITCHLYNN, ISRAEL FOLSOM, SAMUEL GARLAND, DICKSON W. LEWIS, Choctaw Delegation. Gen. Douglas H. Cooper, U. S. Agent for Choctaws, Washington City. 29 Washington, May 15, 1854. Sir : Having presented, in a separate communication, our views and those of our people in regiird to their pecuniary rights, and the arrangement that should be made in reference thereto, we now pn^ceed to present an outline of such other matters as it seems to us should be considered and provided for, in any new treaty to be substituted lor the various stipulations of those now in force, for the purpose of sim- plifying and more accurately defining our relations with the govern- ment, and of adjusting all pending questions between it and the Choc- taws. 1. The title by which we hold our country should be clearly stated, and its boundaries distinctly defined, so that there can be no question or doubt as to either ; and the boundaries of those parts of it which have not a natural and permanent boundary, should be accurately deter- mined and marked in a permanent manner Our eastern boundary was run many years since, and most of the marks have disappeared, so that, in many places, it is impossible to tell where it is. This renders us liable to disputes with the border citizens of Arkansas, which should be avoided, as difficulties are likely to arise therefrom. Our western boundary has never hf>en settled, and our relations with the wild tribes in that quarter, and other circumstances, render it equally important that our true limits in that direction should likewise be ascertained and marked in a proper and durable manner. 2. A guarantee against intrusions from Indians of other tribes, unless with our assent, first properly obtained. We are now intruded upon, as you are aware, by several bands of Indians, who have no right; in our country — such as the Caddoes, Witchetaws, Biloxies, Kowishaties, and others — who have settled within our limits, and apparently with the intention ot remaining. We desire to provide against difficulty between them and our people, aris- ing out of tneir intrusion upon us ; and we therefore feel constrained to request that the government either provide them with homes else- where, or agree to make us a just and liberal compensation for their use and occupancy of a portion of our lands; otherwi-se, the Choctaws will insist upon their removal. '6. All white persons to be prohibited from coming into our country, except as follows : ist. Persons in the etnployment of the government; 2d. Those having a special permit from the Commissioner of Indian Affairs, the superintendent, or our agent ; 3d. Those who may have occasion to travel through or within the country on proper and legiti- mate business, and conduct themselves peaceably ; and, 4th. t^uch as may be duly licensed to trade therein. None others to be permitted to come or reside in the country without the assent of the proper authorities of the tribe ; and all others to be subject and amenable to the laws of the Choctaw nation, or be liable to be removed therefrom, as intruders, by the United States agent, and the military if necessary, on the applicaiion of the authorities of the nation. 4. No person to be licensed to trade in our countiy, but with the assent of the authorities of the tribe. We do not wish to be overrun with white traders ; and we desire to save our agent and the superintendent from the onerous and disagree- 30 able responsibility of discriminating between whom to license and whom not. We also desire to foster a commercial spirit amongst our own people, but it is impossible to do this when so many white men are pernjitted to trade in the country, as is generally the case. Having larger capital and more credit, they can go and settle down alongside of one of our own people engaged in trade, and break him up by un- derselling him for a time ; and, when that is accomplished, they can charge what they please ibr their goods. If a provision of the above character be objectionable, then we desire one requiring the previous assent of the authorities of the tribe as to the localities at which white persons shall carry on trade. 5. All white persons trading in the country under license, to pay an annual tax to the nation as a compensation tor the land, timber, &c., occupied and used by them ; the amount to be assessed by the author- ities of the tribe, subject to the approval of the agent. 6. The Choctaw nation to have jurisdiction of, and power to punish, all crimes and misdemeanors committed whhin the nation, whether by our own people, other Indians, or white persons, except such of the latter as shall come within either of the four classes first men- tioned in the third section or head hereof, who shall be punished by the authorities and according to the laws of the United States ; and except, also, crimes and misdemeanors committed ty Choctaws or other Indians in their country against said excepted white persons, or their property, which shall also be punished by the authorities and according to the laws of the United States ; but in all such cases as the latter, counsel to be provided, at the expense of the United States, to defend the individual or individuals arraigned therefor. 7. The United States to protect the Choctaws from domestic or hostile aggressions from other Indians, and from wrong and injustice by them and by white men ; and the Choctaws, without undertaking to right or avenge themselves, to submit all such cases of grievance to the proper authority of the United States through their agent. 8. The agency to be located as conveniently to the great body of the Choctaw people as may be compatible with a just regard to the convenience and interests of the government, in connection with the business of the agenc3^ ^'^ ^he location or fixing the boundaries thereof, or of any military post in the Choctaw country, no injury or injustice to be done to any Choctaw without full and adequate compensation being made therefor by the United States ; and the jurisdiction of the Choctaw nation to extend to all persons within the limits of the agency reserve, or within those of any military reservation within said nation, guilty of or charged with crimes or misdemeanors, who are amenable to its laws therefor. 9. The United States, or any incorporated company, with the assent of the General Council of the Choctaw nation, to have the right of way through the Choctaw country, and the use and occupancy of so much land as may be necessary for a railroad or line of telegraphs ; but lor which privilege, as well as for all materials required and taken for either of said objects, a reasonable compensation shall be made to the Choctaw nation, to be determined by the General Council of the ai Choctaw nation, subject to the approval of the Choctaw agent and the President of the United States. 10. A careful geological and mineralogical survey of the Choctaw country to be made under the direction and at the expense of the United States. 11. The Choctaws to have the use of all navigable streams, ferries and roads out of their nation, on the same terms as citizens of the United States, and the latter the use of the same in the Choctaw coun- try on the same terms as Choctaws. 12. The agent for the Choctaws to have jurisdiction over the whole Choctaw country ; he alone to grant licenses to trade therein — or, in his absence, the superintendent, and he only to attend to the removal of intruders from the country, &c. Any other agent or agents within the lirnits of the Choctaw nation, to be restricted to the management of matters in which the latter has no interest whatever. 13. No one connected with a military post, or any other person, to be permitted to farm or raise stock within the limits of a military reservation, except so far as may be necessary for the actual use of the garrison. 14. The expenses incurred by the Choctaws in meeting the Chicka- saws to settle difficulties between them, to be refunded by the United States, an i also those of the present Choctaw delegation in Washington. 15. Boundary lines of the Choctaw country to be surveyed and marked as soon as possible. Two Choctaw commissioners to accom- pany the surveyor appointed to perform that duty, and to be paid a fair compensation and their expenses, by the United States. 16. Bounty land and pensions to be granted to those who served in the military service of the United States, in the same manner as to white persons who served therein. 17. In the event of a new treaty, an ample number ot copies of the same, and also of the laws regulating trade and intercourse with the Indian tribes, and the regulations of the Indian Department, to be fur- nished for the use of the nation. We submit with some diffidence the foregoing outlines, which, with the suggestions contained in our previous communications to the Commissioner of Indian Affairs and yourselt^, we think embrace sub- stantially all the objects necessary to be provided for in order to accom- plish the important purposes we have in view. With respectful regard, your most obedient servants, P. P. PITCHLYNN, ISRAEL FOLSOM. SAMUEL GARLAND, DICKSON W. LEWIS, Gen. Douglas H. Cooper, U. S. Agent/or Choctaws. Choctaw DeUgates. 32 D. Washington, May 25, 1854, Sir : On the receipt of your letter of instructions of the 20th ultimo, I immediately notified the Choctaw delegation of the purport there- of, a copy of my communication to them being herewith enclosed, marked A. From their answer, marked B, you will perceive, that, being una- ble to anticipate what action would be had on their communication to you of April 5th, (marked C,) they were not prepared forthwith to sub- mit an exposition of their views and wishes in reference to the matters whicli you instructed me to investigate and report upon, viz : "the character and extent of the claims of the Choctaws," and "the ar- rangement necessary for the purpose of settling all outstanding mat- ters, and simplifying the relations between the tribe and the United States." Their subsequent communication of the 1st instant, marked D, con- tains a full exposition of the character and the extent, in principle, of the demands of the Choctaws, as asserted by the delegation ; and, in connection with their communication to you, explains what they wish to have done in order to settle, finally, all outstanding matters of a pecuniary nature between their tribe and the government. Their letter of the 15th instant, marked E, embraces an outline of such provisions as tliey think necessary and desirable, to be substituted for tlie various stipulations of the different treaties now in force, for the purpose of simplifying and more accurately defining their relations with the United States. It will be seen that, by a construction which the delegation place upon the 18th article of the Choctaw treaty of 1830, in connection with facts and circumstances which they state, showing the position and rights of the Choctaws under previous treaties of 1820 and 1825, and the explanations and promises of the commissioners who nego- tiated the treaty of 1830, they claim that their people are entitled to the net proceeds of the lands ceded by them in 1830, after deducting the expense of their survey and sale, and the amount of the various obligations, or "debts," provided for in the treaty, so far as they have been discharged — for the payment of which the lands were pledged, to remain a fund for that purpose, under the 18th article. For reasons which they state, they urge the government now to 'settle Avith them on this principle so far as the lands have been dis- posed of ; and that for those remaining unsold they be allowed a fair and reasonal^le compensation. They contend that a large amount of the obligations, or " debts," provided for in the treaty of 1830, remain unadjusted and unpaid; that there is no longer ground for hope that they will or can be set- tled, in detail, by the United States ; that this can only be done by the Choctaw nation, so as to secure some measure of justice with re- spect to the numerous individual rights still remaining unadjusted ; and they propose to release the United States from all outstanding claims under the treaty, and to settle and })ay them themselves, out 33 of whatever amount would be left to tliem, on the principle of settle- ment above stated. I have examined, with much care and deliberation, the communi- cation of the delegates from the Choctaws, of the 1st instant, in which they assert the claim to the proceeds of the sales of the lands em- braced in the cession of 1830, and have found the statement of facts and circumstances therein set forth to be, in the main, substantially correct, according to official documents. With reference to the treaty of 1820, see American State Papers, Indian Affairs, vol 2, pages 230, 231, 242, 244, 234-'5-"7-'9, 240, 235-'6-'8-'9, 240, 702, 703— following the order in which the differ- ent facts and circumstances are stated. In regard to the treaty of 1825 see the same papers, 549, 552 ; attempted negotiations in 1826, same papers, 709 to 717 ; treaty of 1830, see Senate Doc. 512, part 2d, Indian removal, 1st session 23d Congress, pages 256-'7-'8, 259, 260-'l-'2-'3. While I think the delegation have made out quite a plausible case, I do not find the claim, as presented by them, sustained by the lan- guage of the treaty of 1830 ; nor have I been able to discover any evi- dence going to show that, at the time the treaty was made, there was any distinct and formal understanding that the Choctaws were to have any balance remaining of the proceeds of the lands, after the payment of the obligation or del3ts provided for in that instrument. It is true^ as appears from the '' talk" of the commissioners on the part of the United States, to the Choctaws, the latter were given to understand it was the mere possession of the lands which the govern- ment desired ; that it did not expect, or desire^ any pecuniary advan- tage or profit from their sale, and that the sole objects sought under the proposed treaty were the benefit and welfare of the Choctaws. Yet the commissioners doubtless expected that the obligations and pay- ments which they proposed and provided for in the treaty would fully equal the value of the lands, and leave no profit to the United States from their sale. The idea that there would, under the treaty, be any pecuniary profit resulting to the government, would certainly be incon- sistent with the "talks" of the commissioners, as reported by them- selves, and the well-known friendship of President Jackson for the Choctaws. At the same time, it is to be presumed, if there had been any distinct agreement that the Choctaws were to receive the proceeds of the lands ceded, it would have been so provided in the treaty itself. I learn that President Jackson regretted that it had not been so stipu- " .lated. It is, however, apparent, from the 18th article of the treaty, that the lands ceded were to be sold ; and the proceeds remain a fund, in the hands of the government, pledged for the satisfaction of all claims arising under the treaty of 1830, as well as former treaties, either in favor of the nation or individual Choctaws. The 18th article of the treaty raises a trust, and makes the United^ States trustee for certain purposes, viz: for the adjustment and satis- faction of individual as well as natural claims under it. If this construction be correct, although there was no express un- derstanding that the proceeds of the sales of the lands belonged to the Choctaws upon the universal rule which applies to all trusts and 3 a4 p^overns all trustees, or other persons acting in a fiduciary capacity ; if, after providing for and discharging all the obligations or "debts" intended to be secured by the donor or grantor, any balance arising from the sale of property thus conveyed — after paying all necessary expenses incurred in executing the trust — remain in the hands of the trustee, it results to the donor or grantor ; and if there is a doubt on this point, the Choctaws are entitled to the benefit of it, according to the treaty, 18th article. Had the Choctaws, generally, availed of the benefits of the 14th and 19th articles, allowing reservations, the whole value of the remaining lands would have been absorbed in satis- faction of the various other obligations or "debts" arising under the treaty. There would have been but little, if any, saleable land left. The great body of the Choctaw nation, however, quietly yielded, as this tribe has generally done, to the wishes and policy of the gov- ernment of the United States, and removed west of the Mississippi river; thereby, to some extent, losing the benefits of the treaty. But assuming that the treaty means, and was intended to mean, nothing more than it expresses, that the commissioners intended thereby to carry out what they gave the Choctaws to understand, and that the lands were only pleged for that purpose, the question arises, what was the extent and amount of the obligations of all kinds secured, or intended to be secured, under the treaty, and which the United States was bound to pay, or make good? And how have these obligations been carried out ? These constituted the consideration or price agreed to be allowed the Choctaws for the cession of their lands ; and, in so far as they have not been carried out, injustice has been done, either to the tribe or individuals of the tribe. And to whatever extent there has been a failure on the part of the government to secure, pay, or make good the losses, it is still a subsisting equitable claim upon it in favor of the individual claimants ; and in default of their assertion of the claim, then to the nation, which was charged to the extent of such claims in making the treaty. With a view of arriving at some definite and just conclusion on this point, I have sought information as to the amounts paid and expended by the government under the various provisions of the treaty of 1830, or former treaties^, and the amounts thereof. I am informed it can be ascertained only by an examination of the original accounts and vouchers on file in the Auditor's office, which would require the labor of several months ; I have therefore been compelled to abandon the attempt. I proposed, also, to make a comparative statement of the extent or amount of the obligations under treaty stipulations, and the net pro- ceeds of the lands as far as sold, but have not been able to obtain the requisite information from the G-eneral Land Office. I have been told there that it would take one clerk a year to furnish a correct state- ment of the quantity sold, the amount realized therefrom, and the proportion remaining unsold. I do not perceive how any satisfactory settlement can be made with the Choctaws, based upon the principle of carrying out faithfully the treaty stipulations and obligations, without such information ; and even with it the result would be uncertain, from the difficulty, if not 35 impossibility, of ascertaining with any degree of precision the actual extent of several of the obligations ])rovided for in the treaty which the United States have not paid or made good — such as the claims of many persons to reservations under the 14th and 19th articles of the treaty, who were deprived of them by the instrumentality or the laches of the United States government, and who have never received any compensation therefor ; the claims of those who lost their improve- ments in consequence of the loss of their reservations ; claims of indi- viduals for the value of stock for which they have never been paid, though fully intended and provided for in the treaty of 1830. (See Major Armstrong's report and tabular statement of cultivation claims, under article 19, treaty of 1830, Senate Doc, Indian removal, 512, part 2, 1st session 23d Congress, pages 630, 631.) That there are many just claims of these and other descriptions arising under the treaty remaining unadjusted there can be no doubt, and which, for the reasons stated in the communications of the Choc- taw delegation, under date 5th April and 1st May, cannot be settled in the manner provided for in the treaty, or in the laws of Congress, (passed for the purposes of adjudicating them^) so as to do justice. (See act of 1842, creating a board of commissioners, approved 23d August.) In conclusion, I herewith submit a comparative estimate or approx- imate statement, marked F, (filed by the Choctaw delegation since their letter of the 1st instant,) of the obligations provided for in the treaty, and the probable amount of the proceeds of the ceded lands, prepared from the best information they could obtain. I have examined this statement carefully, and, from the most relia- ble information I am possessed of, obtained in the Choctaw country and here, I am inclined to think that part of it embracing the extent of the obligations under the treaty is as nearly correct as it could be made at this late date. I am not prepared, however, to endorse all their estimates for dam- ages, such as attorneys' fees, &c., incurred in prosecuting their claims, lost property, &c. How far the other portion of it, respecting the proceeds of the ceded lands, will correspond with the actual results, I, of course, cannot say, having no means of judging. The only plans upon which a settlement satisfactory to the Choc- taws, under all the circumstances, can be made, would be, either to place them upon the same footing with the most favored tribes — such as the Wyandotts and Chickasaws, with whom treaties were concluded, a short time after the Choctaw treaty of 1830 — allowing them the proceeds of the lands, after deducting all expenses incurred by the United States in their survey and sale, and all money, and the cost of all articles furnished them ; or to allow them a reasonable sum of money as a compromise, in lieu of claims under the treaty of 1830.. I have examined the several propositions made by the Choctaw dele- gates, with a view of simplifying and more accurately defining their relations with the government, and will notice them in their order. 1st. The title of the Choctaws to their country is already accu- rately defined ; but I am of opinion that the United States ought ' 36 to propose to the Choctaws to have a survey of their country, and an assignment or allotment of land made in severalty to each citizen of the Choctaw nation, and that the remainder shall he subject to sale, or entry, by such persons as the council of the nation may admit, from time to time, to citizenship, and the proceeds he invested for the benefit of the nation. Care should be taken to provide sufficient guard against the alien- ation of the lands by persons who are incompetent to manage their affairs. The bounds of the Choctaw country shall be established, and marked by permanent monuments, along the border of Arkansas, and along the western line, between Red river and the Canadian river, for reasons sufficiently set forth in the letter of the 15th May instant, from the Choctaw delegation. 2d. The request that some arrangement should be made between the Choctaw nation and the government to secure permanent homes to various bands of Indians, now residing in the Choctaw country, is reasonable and just, and should be acceded to, so far as it can be done without violation of the treaty of 1836, concluded at Camp Holmes, between the Comanches, Witchetaws and other associated bands, upon one side, and the Muscogees or Creeks, Choctaws, Cherokees, Senecas, and Quapaws on the other, with the consent and approval of the Presi- dent and Senate of the United States. 3d. This proposed provision is right in all except the request to be permitted to punish a certain class of white men by Choctaw laws and courts. The objection, in my mind, to that part of the provision is, that it would probably lead to difficulties with the people on the borders of Arkansas and Texas, and embroil the Choctaws speedily with them, and perhaps adjoining Indian tribes. 4th. I object to this provision, on the ground that it is necessary that the agent representing the United States should control every white citizen of the States who may settle in the Indian country, for any purpose whatever; and, second, that a monopoly of trade by the- Indians, or by certain white men, who are able to buy the privilege from the Choctaw government, would result in great injury to the mass of the Choctaw people. Free trade, and competition among traders, reduces the prices of goods to a fair remunerating standard. Under the treaty, as it stands, there can be no monopoly, either by white or Indian traders. It is proper, however, that the national authorities of the Choctaws should be consulted as to the locations outside the united reservations, where merchants may fix themselves. 5th. It is proper that those merchants residing outside the agency reserve, and any military reserve, should pay for the wood and timber used by them, either to the nation or the individual owner of the lands from which it may be taken. 6th. I an;i of opinion that it would not conduce to the peace and wel- fare of the Choctaw people to allow them to punish criminally citi- zens of the United States, or Indians of adjoining or neighboring tribes, although they now have the right to punish the latter. It would speedily involve them in difficulty. 7th, I consider entirely proper. 37 8tli. It is proper that the agency should be located according to the convenience of the government and the Choctaw people ; and that criminals taking refuge on the reserve should he surrendered to the Choctaws for trial and punishment, and the particular mode and manner of demanding such surrender should be provided. The 9th, 10th, and 11th propositions I approve. The 12th should be so modified as to make all United States agents located with tribes of Indians living within the jurisdiction of the Choctaw country sub- agents to the regular agent for the Choctaws. The country is too large for one agent to give his personal attention to all the bands now located, or that may hereafter be located, within the Choctaw country, sufficiently to protect the interests of the government and of the In- dians. At the same time, too, the United States government is bound by treaty stipulations to keep an agent near some of these tribes, whose duty it is to protect especially the interests of those tribes. In all matters of mere tribal interest the agent or sub-agent for the tribe should have exclusive control^, but in matters of interest to the nation the agent for the Choctaw nation should have a controlling influence. I approve articles 13th, 14th, 15th, 16th, and 17th. In addition to the above, I would respectfully suggest an article to provide for the inventory, appraisement, and management of the estates of decedents in the Indian country who were not citizens of the Choctaw nation, upon the principle and rules which govern con- sular agents residing abroad ; and that the extent of the power of the agent to settle controversies involving the right of property, between whites and Indians, and between Indians of different tribes and Choc- taws, should be determined and prescribed ; and also, that provision be made for raising a reasonable Indian force, to be paid by the United States and subject to the orders of the government agent, to be used for the prevention of the liquor trade, to enforce the law and the orders of the United States agent made in conformity therewith, and to preserve peace on the frontier and in the Indian country : so far as the Choctaw nation is concerned, indeed, there should be some general law on the subject. The War Department is gradually removing our military posts further west, and it will be found necessary to invest the agents of the government residing among the border tribes with sufficient power to maintain order and command the respect of the lawless men who congregate thereabout. This can only be done by physical force. It would be more acceptable and satisfactory to the more advanced tribes to have their own people employed for such purposes, instead of using the regular military force among them. At the same time, it is requisite that such Indian force should be in the pay and subject to the orders of the United States officers. In conclusion, not having time to make a full report on this branch of the subjects presented to me by the Choctaw delegation, I would advise a careful examination of the existing treaty of 1830, which contains nearly all the features proposed by the Choctaws to be incorporated in the new one they contemplate making, and to copy 38 tliose stipulations, as far as they are suited to the present wants of the Choctaws, adding such new features as may be necessary. The old treaty is generally understood by the Choctaws, and relied upon mainly for their protection against foreign enemies and domestic strife, and should be changed as little as possible. The new treaty, if one be concluded, should state, under one head, concisely all the annuities or other money obligations, of the United States, due the Choctaws, and on what account, so that all may understand the financial condition of the tribe. All which is respectfully submitted, DOUGLAS H, COOPER, U. S. Agent for Choctaws. Hon. Geo. W, Manypenny, Com. of Indian Affairs, Washington City, D. C. Estimate of the several amounts in lands, money, farming utensils, rijies, blankets, removal and subsistence, Sfc, ^c, inferided lo be secured to the Choctaw tribe of Indians under the various stipulafions contained in the Choctaw treaty nf 18J50 ; for the payment of which the tabids ceded to the United States by the Choctaws at that time were pledged. — {See article 18th of treaty of 1830.) Art. 14. — 1,250 families, averaging 2 J sections of land, at SI 25 per acre, as reported by different boards of commissioners appointed by the United States $2,350,000 00 Art. 15. — Reservations for chiefs, 12 sections $9,600 00 Salary of 3 chiefs, 20 years 15,000 00 Priiicipal chief, 20 years 10,000 00 3 speakers, $75, 4 years 300 00 3 secretaries, $150, 4 years GOO 00 99 captains, suitsof clothes and svi^ords 5,000 00 Salary for 99 captains, 4 years.. . . . 19,800 00 60,300 00 Art. 16.— Removal and subsistence 1,200,000 00 20,000 Indians, 20,000 cattle 100,000 00 1,300,000 00 Art. 17.— 20 years' annuity, $20,000 400,000 00 Art. 18. — Damages arising in conse- quence of violation of this stipulation by the citizens and government of the United States, viz: 1,250 families, claimants under article 14th, for houses and improvements. $125,000 00 Ditto, 800 families, under article 19. . 80,000 00 205,000 00 Art. 19. — Cultivation claims and other reservations, at $1 25 per acre 605,000 00 39 Art. 20. — Education of 40 Choctaw youths, 20 years $200,000 00 Council- houses, &c 10,000 00 Teachers 50,SS0 00 Mill-wrights 3,000 00 Blankets, looms, &c 200,000 00 $513,SS0 00 Art. 1. — Two supplementary treaty reservations 65,050 00 5,599,230 00 Expenses incurred by Choctaws in prosecution of claims under the treaty of 1830, and on account of being driven out from their homes 1,000,000 00 Total 0,599,230 00 Settlement on the prindjile of allowing net proceeds of lands. Total number of acres ceded to the United States un- der treaty of 1830, at $1 25 per acre; net proceeds at$l per acre $7,796,000 00 Or— Deduct for scrip paid $1,740,000 00 Reservations secured 300,000 00 Money and other articles paid 2,178,529 00 4,218.529 00 Balance net proceeds 3,577.471 00 Cr. — By unsaleable lands, at 62^ cents per acre 1,288,735 50 Balance due Choctaws 2,266,735 50 Amount secured hij treaty of 1830, yor which lands were pledged. United States Dr. to Choctaws, treaty stipulations... $6,599,230 00 Cr.— By this amount paid 4,218,529 00 Balance due Choctaws 2,380,701 00 Washington, May 30, 1854. Sir: In accordance with the intention intimated by us, we now take the liberty of submitting, in writing, the substance of the "talk" we had the honor of delivering to you yesterday morning. In the first place, it becomes us to express our thanks for the kindness and courtesy with which we have thus flir been treated by you, as well as for the promptness of yourself and the honorable Secretary of the Interior, in putting the business submitted by us in a train of in- ves ligation. Our business has now come to an important point, and we hope that a full and liberal consideration will be given to it. The Choctaws 40 have been waiting patiently, for twenty odd years, for a just settlement under the treaty of 1S30, and we trust that such a settlement will soon be made. It is lime that all matters between them and the United States were finally settled and disposed of It is of great importance to them that this should be done. They wish to turn their whole attention and efforts to the improvement of their people, by the exten- sion of schools, and other means of enlightenment and civihzalion. It is of consequence to them to know what resources they will have to rely upon. It is their wish and intention to devote all their means to that great object; they hope, therefore, that the government will now deal liberally with them, so as to contribute to so important a result. They want, however, nothing but justice ; but this it is impos- sible for an Indian tribe to get, unless the government acts in a liberal spirit. They wish to say a few words in relation to the question of a sep- aration between the Choctaws and Chickasaws. There appears to be an effort to place the former in the wrong. It seems to be forgotten that the existing relations between the two tribes, and between them and the government, are based upon solemn treaty stipulations. The connection was not sought by the Choctaws, but by the Chicka- saws themselves. They were glad to obtain the privilege of coming among the Choctaws, on the terms and conditions they did. They entered into the arrangement freely and voluntarily. The government was a party thereto, and stands as guarantor for its propriety and justice. There is neither right nor reason in askin» the Choctaws to dissolve it on any idle pretext, and it is not to be. expected that they can, with any self-respect, consent to a change under charges of injustice which have no foundation. If the Choctaws have done the Chickasaws in- justice, let them prove it. The Choctaws are ready to meet that question, and to prove that all the charges and insinuations against them, of tyranny and injustice to the Chickasaws, are unfounded and unjust. If there are any real difficulties between the two tribes, — if the Chickasaws have any real grievances to complain of, let them be specified, and the Choctaws are willing to submit them to the arbi- trament of the government, in the manner provided for by the treaty. It has recently been settled between the two tribes, that this course shall be adopted ; and the Chickasaws are therefore stopped from further complaint, unless through the proper channel, as provided for in the treaty. The paramount question with the Choctaws now is, what is the disposition of the government towards them? Will it first do them justice, before pressing the Chickasaw question upon them? Much may depend upon the course of the government in this respect. Justice should first be done towards them before it is assumed that they are guilty of wrong towards the Chickasaws, and appealed to to do them justice. Let the government first answer, and answer liberally, the appeal of the Choctaws for justice, and they will then be disposed to discuss, in an equally hberal spirit, the Chickasaw question. Until the government shows what it is disposed to do towards them, they must eschew the Chickasaw question. They must obtain justice for themselves first, especially as they acknowledge no injustice towards 41 the Chicka saws. Should the government not deal liberally with them, and the Chickasaws continue to seek their end by misrepresenta- tion, as they have heretofore done, the Choctaws must and will resist them and their purposes, and to the utmost. Sooner than yield under such circumstances, they will say, both to the government and the Chickasaws, Let the latter leave the country, and take back all the money paid us for the privilege of coming there to reside. It is in the hands of the government; let it be given back to them, and let them find a more satisfactory home elsewhere. The Choctaws do not seek to oppose the policy of the government in this or any other matter ; they never have done so. They have always submitted quietly and peaceably — more so than any other tribe — more so than their true in- terests warranted. Had they been less submissive, it would have been better for them — pecuniarily at least, as it has been for other tribes. If a proper and just course is not pursued by the Chickasaws, they have not money enough to purchase a compliance with their wishes by the Choctaws. Finally, the Choctaws must adjourn any further discussion of the Chickasaw question until they can have a full and fair opportunity to settle their own affairs with the government. Two of the delegation now here are commissioners appointed to meet the Chickasaws on the first Monday in July next. They cannot be tliere ; they are under higher obligation to attend to the interests of their own people first. That meeting will therefore have to be adjourned. It would do no good were it to take place before the Choctaw business with the government is settled. Until that is done, the Choctaws must, as stated, decline to discuss the Chickasaw question. Thus much the delegation have deemed it proper to say to the Hon. Commissioner on this subject, in order that there may be no misappre- hension as to the position and course of the Choctaws. With much respect, we are your obedient servants, P. P. PITCHLYNN, SAMUEL GARLAND, DICKSON W. LEWIS, Choctaw Delegation. Hon. G. W. Manypenny, Commissioner of Indian Affairs. Department of the Interior, Washington, June 20, 1854. Sir: I have received and examined the report of agent Cooper and the accompanying papers, submitted to the department with your letter of the 31st ultimo. In regard to the claim of the Choctaw delegation, that the Indians are entitled to the net proceeds of the sales of the lands ceded by the treaty of 1830, "after deducting the amount of the obligations a,nd payments for which the lands were pledged," I am of the opinion 42 that by the 3d article of that treaty there is an unqualified cession to the United States of the Choctaw lands. The provision in article 18 is nothing m re than a pledge of the lands for the payment of the several annuities secured by the treaty. Too great a length of time has elapsed since the congressional and executive action upon the subject-matter of the 14th and 19th articles of the treaty, and it is otherwise deemed inexj)edient to reopen the whole subject, and again enter into the inquiry of damages. If the annuities have not been paid according to treaty stipulations, let Congress or one of the houses make a call upon the Indian Office and the Second Auditor for the necessary statements and reports. With regard to the political, municipal, and internal regulations of the Choctaw nation, as some of the demands made by the Indians ap- pear to me to be strange and inadmissible, I would be pleased to re- ceive and consider such suggestions as your experience may enable you to make. The papers are herewith returned. I am, sir, very respectfully, your obedient servant, E. McClelland, Secretary. Charles E. Mix, Esq., Acting Commissioner of Indian Affairs. Department of the Interior, Office Indian Affairs, July 10, 1854. Sir: In reply to that part of your letter of the 20th ul imo stating that, " with regard to the political, municipal, and internal regulations of the Choctaw nation, as some of the demands made by the [ndians ap- pear to be strange and inadmissible, I [you] would be pleased to receive and consider such suggestions as your [my] experience may enable you [me] to make," I have the honor to remark that I do not understand the Chi)ctavvs as demanding the establishment of the regulations or pro- visions contained in their communication to agent Cooper of the 15th of May last. They are, I think, to be regarded as mere propositions for the consideration of the department, in case of a new treaty with the tribe, having for its object the s