The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-16
By AUTHORITY.

r.g s&a&as a. AA4xisas =
To all emd singular 10 soaom these presents shnti
Fa eD~ls SESeSNg. At4@<
WHpasAs treaty was made and concluded 81
the City of Washington. on the 22d day OF June.
1852. between Kepfen Harper, Commissioner on
the part of the United States, and Colonel Edmund
Pickeus, Benjamin 8. Love, aud Sampson Folsom,
com%issoners dgly sPPoint.d for tat purpose ~
the words aud figures following, % ~ft:
Articles of tready concluded at Washington.
on the 22d day of June. 1852, between Kenton
Harper, Commissioner on the part of the United
states, and Colonel Edmund Pickens, BENZ amin
D. Love, and sampson Folsom, Commissioners
duiy appointed for that purpose by the Chickasaw,
sAaTicLsl. The Chickasaw tribe of Indians
acknowledge themselves to be under the guar
dianship Of the United States, and az a means
OF securing the protection guaranteed to them
oy iormer treaties, it is agreed that an agent
among them. -
Art z The expenses attending the sale of the
lands ceded by the Chickasaws to the United
States under the treaty of 1882, having for some
time pact, exceeded the receipts il is agreed that
the remnant of the lands 90 ceded and Vet unsoId
snail be disposed Of as soon as practicable under
the direction OF the President of the United States
IN sucn manner and in such quantities as, in his
Judgment, shall be least expensive to the Cbjcka
saws and most conducive to their benefit proy;ded
mat tract OF land, including the grave ward
near the town of Pontotoc, where many of the
Cnickasaws and their white friends are buried,
and not exceeding four acres in quantity shall be-
and is hereby. set apart and conveyed to the said
town OF Pontotoc TO be held sacred for the purposes
OF a public battle-ground forever
Art 3. 1t is hereby agreed that the question of
the right OF the Chickasaws 60 long contended for
Dy them, TO reservation of four miles square on
the River Sandy, in the State of Tennessee and
particularly described in the 4th article of the tres
~ concluded at Oldtown. on the 18th day of Octo-
Der, 1915. shall be submitted to the Secretary of
tie Interior, who shaii decide what amount IL anv
thing, shall be paid to the Chckasaws for said re-
servation: Provided, hotDevfr, That the amount SO
TO be paid shall not exceed one dollar and twenty.
five cents per acre.
ARr.4 The Chickasaws ailege that, in the man.
agement and disbursement of their funds bv the
Government they have been subjected to losses
and expenses which properly should be borne by
the United States. With the view, therefore. of
doing full justice in the premises, it is hereby
agreed that there shall be, at early day as
practicable, an account stated, under the direction
OF the Secretary OF the Interior exhibiting in detail
ali the moneys which, from time TO time, have
been placed in the treasury to the credit of the
Chickasaw nation, resulting from the treaties of
1882 and 1884, and all the disbursements made
thererom. And said account, as stated ehall be
submitted to the Chckasaws, who shall have the
privilege, within reasonable time, of fling excep.
tons thereto and any exceptions 90 filed shall be
referred to the Secretary of the Interior who shall
adjudicate the same according to the principles of
law and equity, and his decision shall be final aud
conclusive on all concerned.
1t is also alleged by the Chickasaws that there
are numerous cases in which moneys held ia trust
by the United States for the benefit of orphan and
incompetent Chckasaws, have been wron gully
paid out to persons having no right to receive the
same 1t ls therefore further agreed that all such
cases shall be investigated BY the agent OF the Uni
ted States, under the direction of the Secretary of
the Interior. And ii shall appear to the satisac-
ton of said Secretary that OF the orphans and in
competents have been defrauded by such wrongful
pay ment. the amount thus msapplied shall be &C.
ted &fQfn
ment had been mades
ART. s. The Chickasaws are DESTROYS that the
whole amount of their national fund ehalI remain
with the United States in trust for the benefit of
their people, and that the shall on no account
be diminished 1t is therefore agreed that the Uni
ted States shall continue to hold said fund in trust
as aforesaid, and shall constantly keep the same
invested in safe and profitable stocks the interest
upon which shall be annually paid to the Cbjcks-
saw nation: Provided, That much of said fund
as the Chickasaws may require for the purpose of
enabling them to effect the permanent settlement
of their tribe contemplated by the treaty of 1894
shall be subject to the control of their General
Council.
Art. g. The powers and duties conferred on GER
tain persons particularly mentioned in the fourth
article OF the treaty of 1884 and their succeseors in
Office, shall hereafter be vested in and performed
by the General Council of the Chickasaws, or such
officers as may be by said Council appointed for
that purpose; and no certificate deed given or
executed by the persons foresaid, from which the
approval OF the President of the United States has
once been withheld, shall be hereafter approved
unless the same sbai FIRST receive the sanction of
the Chickasaw Council, the officers appointed al
aforesaid and of the agent of the United States for
| said Chickasaw nation.
Art I. No claim or account ehail herea ffer be
paid by the Government of the United States out
of the Chckasaw fund, unless the same shall ha We
first been considered and allowed by the Cbjcka.
| saw General Council: Prorided horevtr That
this clause shall not affect payments upon claims
under existing contracts made by the authority Of
| the Chickasaw General Council, or interfere with
the due administration of the acts of Congres re-
gulating trade and intercourse with the Indian
tribes
ART. s. 1t is further agreed that regular semi-
| annual accounts of the receipts and disbursements
of the Chickasaw fund shall be furnished the
Chickasaw Council by the Government of the
United States.
Art. g. The sum of fifteen hundred dollars shall
be paid the Chickasaw nation, in full of expenses
| incurred by their commissioners in negotiating
| this treaty.t
| In witness whereof, the contracting parties have
| hereunto set their hands and seals, the day and
| year above written
KENYON HARPER, IeEAI.l
Commissioner for the United States.
his
EDMUND < PlcKENs, IsrAr.l
mark.
BENJAMIN S. LOVE, TsrAl.J
SAMPSON FOLSOM, [sKAL.J
Commissioners for the Chickasaws
In presence of-Chaf les E. Mix, Chief Clerk Office
10 H. H.
Miller; Aaron V. Brown, Interpreter.
AND WHEREAS the said treaty having been sub
mtted to the Senate of the United States for its
constitutional action thereon, the Senate did, on
the thirteenth day Of August, one thousand eight
hundred and hfty-two, amend the same by reso,
luton in the words and figures following, TO wit:
In EXECUTIVE SESSION, SENATE U. s.,
August l3, 1852,
Resolved, (two.thirds of the Senators present
concurring,) That the Senate advise and consent
to the ratification of the articles Of treaty con-
cluded at Washington on the 22d OF June, eighteen
hundred and ftty-two, between Kenton Harper,
Commissioner on the part Of the United States and
Colonel Edmund Pickens, Benjamin S. Love, and
Sampson Folsom commissioners duly appointed
for that purpose by the Chckasaw tribe Of Indians,
with the following
AMENDMENTs:
At the end Of the fourth article add the following;
Proutded, hat the provisions of this article shall
not be construed as to impose any obligation on
the United States to reimburse any expenditures
heretofore made in conformity with the spuiatons
contained in the treaties of 1892 and 1884: Ind
Trouided further, Thai the United States shall not
be liable to repay moneys held in ust for the ben
eht of orphan and incompetent Chckaea We in any .
case In which payment of such moneys has been
made upon the recommendation or certificate of
the persons appointed for that purpose in fourth
article OF the treaty of 1884 of their successors,
and in other reepects in conformity with the pro-