1. Cash Entry Act - April 24, 1820

Chap. LI - An Act making further provision for the sale of the public lands.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of July next, all the public lands of the United States, the sale of which is, or may be authorized by law, shall, when offered at public sale, to the highest bidder, be offered in half quarter sections; and when offered at private sale, may be purchased, at the option of the purchaser, either in entire sections, half sections, quarter sections, or half quarter sections; and in every case of the division of a quarter section, the line for the division thereof shall run north and south, and the corners and contents of half quarter sections which may thereafter be sold, shall be ascertained in the manner, and on the principles directed and prescribed by the second section of an act entitled, "An act concerning the mode of surveying the public lands of the United States," passed on the eleventh day of February, eighteen hundred and five; and fractional sections, containing one hundred and sixty acres, or upwards, shall, in like manner, as nearly as practicable, be sub-divided into half quarter sections, under such rules and regulations as may be prescribed by the Secretary of the Treasury; but fractional sections, containing less than one hundred and sixty acres, shall not be divided, but shall be sold entire: Provided, That this section shall not be construed to alter any special provision made by law for the sale of land in town lots.

Sec. 2. And be it further enacted, That credit shall not be allowed for the purchase money on the sale of any of the public lands which shall be sold after the first day of July next, but every purchaser of land sold at public sale thereafter, shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce, to the register of the land office, a receipt from the treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase money on any tract, before he shall enter the same at the land office; and if any person, being the highest bidder, at public sale, for a tract of land, shall fail to make payment therefor, on the day on which the same was purchased, the tract shall be again offered at public sale, on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales.

Sec. 3. And be it further enacted, That from and after the first day of July next, the price at which the public lands shall be offered for sale, shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who shall make payment as aforesaid, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; all the public lands which shall have been offered at public sale before the first day of July next, and which shall then remain unsold, as well as the lands that shall thereafter be offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twenty-five cents an acre, to be paid at the time of making such entry as aforesaid; with the exception, however, of the lands which may have reverted to the United States, for failure in payment, and of the heretofore reserved sections for the future disposal of Congress, in the states of Ohio and Indiana, which shall be offered at public sale, as hereinafter directed.

Sec. 4. And be it further enacted, That no lands which have reverted, or which shall hereafter revert, and become forfeited to the United States for failure in any manner to make payment, shall, after the first day of July next, be subject to entry at private sale, nor until the same shall have been first offered to the highest bidder at public sale; and all such lands which shall have reverted before the said first day of July next, and which shall then belong to the United States, together with the sections, and parts of sections, heretofore reserved for the future disposal of Congress, which shall, at the time aforesaid, remain unsold, shall be offered at public sale to the highest bidder, who shall make payment therefor, in half quarter sections, at the land office for the respective districts, on such day or days as shall, by proclamation of the President of the United States, be designated for that purpose; and all lands which shall revert and become forfeited for failure of payment after the said first day of July next, shall be offered in like manner at public sale, at such time, or times, as the President shall by his proclamation designate for the purpose: Provided, that no such lands shall be sold at any public sales hereby authorized, for a less price than one dollar and twenty-five cents an acre, nor on any other terms than that of cash payment; and all the lands offered at such public sales, and which shall remain unsold at the close thereof, shall be subject to entry at private sale, in the same manner, and at the same price with the other lands sold at private sale, at the respective land offices.

Sec. 5. And be it further enacted, That the several public sales authorized by this act, shall, respectively, be kept open for two weeks, and no longer; and the registers of the land office and the receivers of public money shall, each, respectively, be entitled to five dollars for each day's attendance thereon.

Sec. 6. And be it further enacted, That, in every case hereafter, where two or more persons shall apply for the purchase, at private sale, of the same tract, at the same time, the register shall determine the preference, by forthwith offering the tract to the highest bidder.

Approved, April 24, 1820

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2. Chickasaw Treaty of October 20, 1832

ARTICLES OF THE TREATY

Made and entered into between Genl. John Coffee, being duly authorised thereto, by the President of the United States, and the whole Chickasaw Nation, in General Council assembled, at the Council House, on Pontitock Creek on the twentieth day of October, 1832.

The Chickasaw Nation find themselves oppressed in their present situation; by being made subject to the laws of the States in which they reside. Being ignorant of the language and laws of the white man, they cannot understand or obey them. Rather than submit to this great evil, they prefer to seek a home in the west, where they may live and be governed by their own laws. And believing that they can procure for themselves a home, in a country suited to their wants and condition, provided they had the means to contract and pay for the same, they have determined to sell their country and hunt for a new home. The President has heard the complaints of the Chickasaws, and like them believes they cannot be happy, and prosper as a nation, in their present situation and condition, and being desirous to relive them from the great calamity that seems to await them, if they remain as they are---He has sent his Commissioner Genl. John Coffee, who has met the whole Chickasaw nation in Council, and after mature deliberation, they have entered into the following articles, which shall be binding on both parties, when the same shall be ratified by the President of the United States by and with the advice and consent of the Senate.

ARTICLE I. For the consideration hereinafter expressed, the Chickasaw nation do hereby cede, to the United States, all the land which they own on the east side of the Mississippi river, including all the country where they at present live and occupy.

ARTICLE II. The United States agree to have the whole country thus ceded, surveyed, as soon as it can be conveniently done, in the same manner that the public lands of the United States are surveyed in the States of Mississippi and Alabama, and as soon thereafter as may be practicable, to have the same prepared for sale. The President of the United States will then offer the land for sale at public auction, in the same manner and on the same terms and conditions as the other public lands, and such of the land as may not sell at the public sales shall be offered at private sale, in the same manner that other private sales are made of the United States lands. ARTICLE III. As a full compensation to the Chickasaw nation, for the country thus ceded, the United States agree to pay over to the Chickasaw nation, all the money arising from the sale of the land which may be received from time to time, after deducting therefrom the whole cost and expenses of surveying and selling the land, including every expense attending the same.

ARTICLE IV. The President being determined that the Chickasaw people, shall not deprive themselves of a comfortable home, in the country where they now are, untill they shall have provided a country in the west to remove to, and settle on, with fair prospects of future comfort and happiness---It is therefore agreed to, by the Chickasaw nation, that they will endeavor as soon as it may be in their power, after the ratification of this treaty, to hunt out and procure a home for their people, west of the Mississippi river, suited to their wants and condition; and they will continue to do so during the progress of the survey of their present country, as is provided for in the second article of this treaty. But should they fail to procure such a country to remove to and settle on, previous to the first public sale of their country here then and in that event, they are to select out of the surveys, a comfortable settlement for every family in the Chickasaw nation, to include their present improvements, if the land is good for cultivation, and if not they may take it in any other place in the nation, which is unoccupied by any other person. Such settlement must be taken by sections. And there shall be allotted to each family as follows (to wit): To a single man who is twenty-one years of age, one section to each family of five and under that number two sections--to each family of six and not exceeding ten, three sections, and to each family over ten in number, four sections--and to families who own slaves, there shall be allowed, one section to those who own ten or upwards and such as own under ten, there shall be allowed half a section. If any person shall now occupy two places and wish to retain both, they may do so, by taking a part at one place, and a part at the other, and where two or more persons are now living on the same section, the oldest occupant will be entitled to remain, and the others must move off to some other place if so required by the oldest occupant. All of which tracts of land, so selected and retained, shall be held, and occupied by the Chickasaw people, uninterrupted until they shall find and obtain a country suited to their wants and condition. And the United States will guaranty to the Chickasaw nation, the quiet possession and uninterrupted use of the said reserved tracts of land, so long as they may live on and occupy the same. And when they shall determine to remove from said tracts of land, the Chickasaw nation will notify the President of the United States of their determination to remove, and thereupon as soon as the Chickasaw people shall remove, the President will proclaim the said reserved tracts of land for sale at public auction and at private sale, on the same terms and conditions, as is provided for in the second article of this treaty, to sell the same, and the nett proceeds thereof, to be paid to the Chickasaw nation, as is provided for in the third article of this treaty.

ARTICLE V. If any of the Chickasaw families shall have made valuable improvements on the places where they live and removed from, on the reservation tracts, the same shall be valued by some discreet person to be appointed by the President, who shall assess the real cash value of all such improvements, and also the real cash value of all the land within their improvements, which they may have cleared and actually cultivated, at least one year in good farming older and condition. And such valuation of the improvements and the value of the cultivated lands as before mentioned, shall be paid to the person who shall have made the same. To be paid out of the proceeds of the sales of the ceded lands. The person who shall value such land and improvements, shall give to the owner thereof, a certificate of the valuation, which shall be a good voucher for them to draw the money on, from the proper person, who shall be appointed to pay the same, and the money shall be paid, as soon as may be convenient, after the valuation, to enable the owner thereof to provide for their families on their journey to their new homes. The provisions of this article are intended to encourage industry and to enable the Chickasaws to move comfortably. But least the good intended may be abused, by designing persons, by hiring hands and clearing more land, than they otherwise would do for the benefit of their families--It is determined that no payment shall be made for improved lands, over and above one-eighth part of the tract allowed and reserved for such person to live on and occupy.

ARTICLE VI. The Chickasaw nation cannot receive any part of the payment for their land untill it shall be surveyed and sold; therefore, in order to the greater facility, in surveying and preparing the land for sale, and for keeping the business of the nation separate and apart form the business and accounts of the United States, it is proposed by the Chickasaws, and agreed to, that Surveyor General be appointed by the President, to superintend alone the surveying of this ceded country or so much thereof as the President may direct, who shall appoint a sufficient number of deputy surveyors, as may be necessary to complete the survey, in as short a time as may be reasonable and expedient. That the said Surveyor General be allowed one good clerk, and one good draftsman to aid and assist him in the business of his office, in preparing the lands for sale. It is also agreed that one land office be established for the sale of the lands, to have one Register and on Receiver of monies, to be appointed by the President, and each Register and Receiver to have one good clerk to aid and assist them in the duties of their office. The Surveyor's office, and the office of the Register and Receiver of money, shall be kept somewhere central in the nation, at such place as the President of the United States may direct. As the before mentioned officers, and clerks, are to be employed entirely in business of the nation, appertaining to preparing and selling the land, they will of course be paid out of the proceeds of the sales of the ceded lands. That the Chickasaws, may now understand as near as may be, the expenses that will be incurred in the transacting of this business--It is proposed and agreed to, that the salary of the Surveyor General be fifteen hundred dollars a year, and that the Register and Receiver of monies, be allowed twelve hundred dollars a year each, as a full compensation for their services, and all expenses, except stationary and postages on their official business, and that of each of the clerks and draftsman be allowed seven hundred and fifty dollars a year, for their services and expenses.

ARTICLE VII. It is expressly agreed that the United States shall not grant any right of preference, to any person, or right of occupancy in any manner whatsoever, but in all cases, of either public or private sale, they are to sell the land to the highest bidder, and also that none of the lands be sold in smaller tracts than quarter sections or fractional sections of the same size as near as may be, untill the Chickasaw nation may require the President to sell in smaller tracts. The Chiefs of the nation have heard that at some of the sales of the United States lands, the people there present, entered into combinations, and united in purchasing much of the land, at reduced prices, for their own benefit, to the great prejudice of the Government, and they express fears, that attempts will be made to cheat them, in the same manner when their lands shall be offered at public auction. It is therefore agreed that the President will use his best endeavours, to prevent such combinations, or any other plan or state of things which may tend to prevent the land selling for its full value.

ARTICLE VIII. As the Chickasaws have determined to sell their country, it is desirable that the nation realize the greatest possible sum for their lands, which can be obtained. It is therefore proposed and agreed to that after the President shall have offered their lands for sale and shall have sold all that will sell for the Government price, then the price shall be reduced, so as to induce purchasers to buy, who would not take the land at the Government minimum price;--and it is believed, that five years from and after the date of the first sale, will dispose of all the lands, that will sell at the Government price. If then at the expiration of five years, as before mentioned, the Chickasaw nation may request the President to sell at such reduced price as the nation may then propose, it shall be the duty of the President to comply with their request, by first offering it at public and afterwards at private sale, as in all other cases of selling public lands.

ARTICLE IX. The Chickasaw nation express their ignorance, and incapacity to live, and be happy under the State laws, they cannot read and understand them, and therefore they will always need a friend to advise and direct them. And fearing at some day the Government of the United States may withdraw from them, the agent under whose instructions they have lived so long and happy-- They therefore request that the agent may be continued with them, while here, and wherever they may remove to and settle. It is the earnest wish of the United States Government to see the Chickasaw nation prosper and be happy, and so far as is consistent they will contribute all in their power to render them so--therefore their request is granted. There shall be an agent kept with the Chickasaws as heretofore, so long as they live within the jurisdiction of the United States as a nation, either within the limits of the States where they now reside, or at any other place. And whenever the office of agent shall be vacant, and an agent to be appointed, the President will pay due respect to the wishes of the nation in selecting a man in all respects qualified to discharge the responsible duties of that office.

ARTICLE X. Whenever the Chickasaw nation shall determine to remove from, and leave their present country, they will give the President of the United States timely notice of such intention, and the President will furnish them, the necessary funds, and means for their transportation and journey, and for one years provisions, after they reach their new homes, in such quantity as the nation may require, and the full amount of such funds, transportation and provisions, is to be paid for, out of the proceeds of the sales of the ceded lands. And should the Chickasaw nation remove, from their present country, before they receive money, from the sale of the lands, hereby ceded; then and in that case, the United States shall furnish them any reasonable sum of money for national purposes, which may be deemed proper by the President of the United States, which sum shall also be refunded out of the sales of the ceded lands.

ARTICLE XI. The Chickasaw nation have determined to create a perpetual fund, for the use of the nation forever, out of the proceeds of the country now ceded away. And for that purpose they propose to invest a large proportion for the money arising from the sale of the land, in some safe and valuable stocks, which will bring them in an annual interest or dividend, to be used for all national purposes, leaving the principal untouched, intending to use the interest alone. It is therefore proposed by the Chickasaws, and agreed to, that the sum to be laid out in stocks as above mentioned, shall be left with the government of the United States, untill it can be laid out under the direction of the President of the United States, by and with the advice and consent of the Senate, in such a safe and valuable stock as he may approve of, for the use and benefit of the Chickasaw nation. The sum thus to be invested, shall be equal to, at least three-fourths of the whole nett proceeds of the sales of the lands; and as much more, as the nation may determine, if there shall be a surplus after supplying all the national wants. But it is hereby provided, that if the reasonable wants of the nation shall require more than one fourth of the proceeds of the sales of the land, then they may, by consent of the President and Senate, draw from the government such sum as may be thought reasonable, for valuable national purposes, out of the three-fourths reserved to be laid out in stocks. But if any of the monies shall be thus drawn out of the sum first proposed, to be laid out on interest, the sum shall be replaced, out of the first monies of the nation, which may come into the possession of the United States government, from the sale of the ceded lands, over and above the reasonable wants of the nation. At the expiration for fifty years from this date, if the Chickasaw nation shall have improved in education and civilization, and become so enlightened, as to be capable of managing so large a sum of money to advantage, and with safety, for the benefit of the nation, and the President of the United States, with the Senate, shall be satisfied thereof, at that time, and shall give their consent thereto, the Chickasaw nation may then withdraw the whole, or any part of the fund now set apart, to be laid out in stocks, or at interest, and dispose of the same, in any manner that they may think proper at that time, for the use and benefit of the whole nation; but no part of said fund shall ever be used for any other purpose, than the benefit of the whole Chickasaw nation. In order to facilitate the survey and sale of the lands now ceded, and to raise the money therefrom as soon as possible, for the foregoing purpose, the President of the United States is authorised to commence the survey of the land as soon as may be practicable, after the ratification of this treaty.

ARTICLE XII. The Chickasaws feel grateful to their old chiefs, for their long and faithful services, in attending to the business of the nation. They believe it a duty, to keep them from want in their old and declining age-- with those feelings, they have looked upon their old and be loved chief Tish-o-mingo, who is now grown old, and is poor and not able to live, in that comfort, which his valuable life and great merit deserve. It is therefore determined to give him out of the national funds, one hundred dollars a year during the balance of his life, and the nation request him to receive it as a token of their kind feelings for him, on account of his long and valuable services.

Our old and beloved Queen Puc-caun-la, is now very old and very poor. Justice says the nation ought not to let her suffer in her old age; it is therefore determined to give her out of the national funds, fifty dollars a year during her life, the money to be put in the hands of the agent to be laid out for her support, under his direction, with the advice of the chiefs.

ARTICLE XIII. The boundary line between the lands of the Chickasaws and Choctaws, has never been run, or properly defined, and as the Choctaws have sold their country to the United States, they now have no interest in the decision of that question. It is therefore agreed to call on the old Choctaw chiefs to determine the line to be run, between the Chickasaws and their former country. The Chickasaws, by a treaty made with the United States at Franklin in Tennessee, in Aug. 1830, (a) declared their line to run as follows, to wit: Beginning at the mouth of Oak tibby-haw and running up said stream to a point, being a marked tree, on the old Natches road, one mile southwardly from Wall's old place. Thence with the Choctaw boundary, and along it, westwardly through the Tunicha old fields, to a point on the Mississippi river, about twenty-eight miles by water, below where the St. Francis river enters said stream on the west side. It is now agreed, that the surveys of the Choctaw country which are now in progress, shall not cross the line untill the true line shall be decided and determined; which shall be done as follows, the agent for the Choctaws on the west side of the Mississippi shall call on the old and intelligent chiefs of that nation, and lay before them the line as claimed by the Chickasaws at the Franklin treaty, and if the Choctaws shall determine that line to be correct, then it shall be established and made the permanent line, but if the Choctaws say the line strikes the Mississippi river higher up said stream, then the best evidence which can be had from both nations, shall be taken by the agents for both nations, and submitted to the President of the United States for his decision, and on such evidence, the President will determine the true line on principles of strict justice.

ARTICLE XIV. As soon as the surveys are made, it shall be the duty of the chiefs, with the advice and assistance of the agent to cause a correct list to be made out of all and every tract of land, which shall be reserved, for the use and benefit of the Chickasaw people, for their residence, as is provided for in the fourth article of this treaty, which list, will designate the sections of land, which are set apart for each family or individual in the nation, shewing the precise tracts which shall belong to each and every one of them, which list shall be returned to the register of the land office, and he shall make a record of the same, in his office, to prevent him from offering any of said tracts of land for sale, and also as evidence of each person's lands. All the residue of the lands will be offered by the President for sale.

ARTICLE XV. The Chickasaws request that no persons be permitted to move in and settle on their country before the land is sold. It is therefore agreed, that no person, whatsoever, who is not Chickasaw or connected with the Chickasaws by marriage, shall be permitted to come into the country and settle on any part of the ceded lands untill they shall be offered for sale, and then there shall not be any person permitted to settle on any of the land, which has not been sold, at the time of such settlement, and in all cases of a person settling on any of the ceded lands contrary to this express understanding, they will be intruders, and must be treated as such, and put off of the lands of the nation.

In witness of all and every thing herein determined, between the United States and the whole Chickasaw nation in general council assembled, the parties have hereunto set their hands and seals, at the council house, on Pontitock creek, in the Chickasaw nation, on this twentieth day of October, one thousand eight hundred and thirty-two.

JOHN COFFEE.

Ish-te-ho-to-pa, (King) Tish-o-min-go, Levi Colbert, George Colbert, William M'Gilvery, Samuel Sely, To-pul-kah, Isaac Albertson, Em-ub-by, Pis-tah-lah-tubbe, Ish-tim-o-lut-ka, James Brown, Im-mah-hoo-lo-tubbe, Ish-ta-ha-chah, Lah-fin-hubbe, Shop-pow-me, Nin-uck-ah-umba, Im-mah-hoo-la-tubbe, Illup-pah-umba, Pitman Colbert, Con-mush-ka-ish-kah, James Wolfe, Bah-ha-kah-tubbe, E. Bah-kah-tubbe, Captain Thompson, New-berry, Bah-ma-hah-tubbe, John Lewis, I-yah-hou-tubbe, Tok-holth-la-chah, Oke-lah-nah-nubbe, Im-me-tubbe, In-kah-yea, Ah-sha-cubbe, Im-mah-ho-bah, Fit-chah-pla, Unte-mi-ah-tubbe, Oke-lah-hin-lubbe, John Glover, Bah-me-hubbe, Hush-tah-tah-ubbe, Un-ti-ha-kah-tubbe, Yum-mo-tubbe, Oh-ha-cubbe, Ah-fah-mah, Ah-ta-kin-tubbe, Ah-to-ko-wah, Tah-ha-cubbe, Kin-hoi-cha, Ish-te-ah-tubbe, Chick-ah-shah-nan-ubbe, Che-wut-ta-ha, For-lut-ta-chah, No-wo-ko, Win-in-a-pa, Oke-lah-shah-cubbe, Ish-ta-ki-yu-ka-tubbe, Mah-te-ko-shubbe, Tom-chick-ah, Ei-o-che-tubbe, Nuck-sho-pubbe, Fah-lah-mo-tubbe, Co-chub-be, Thomas Sely, Oke-lah-sha-pi-a.

Signed and sealed in the presence of Ben. Reynolds, Indian Agent.
John L. Allen, Sub Agent. Nath. Anderson, Sec. to the Commr. Benj. Love, U.S. Interpreter. Robert Gordon, Missi. George Wightman, of ditto. John Donley, Tenn. D.S. Parrish, Tennessee. S. Daggett, Missi. Wm. A. Clurm. G.W. Long.

To the Indian names are subjoined marks.

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3. Chickasaw Treaty, Supplement of October 22, 1832

ARTICLES OF THE TREATY

Made and entered into between Genl. John Coffee, being duly authorised thereto, by the President of the United States, and the whole Chickasaw Nation, in General Council assembled, at the Council House, on Pontitock Creek on the twentieth day of October, 1832.

The Chickasaw Nation find themselves oppressed in their present situation; by being made subject to the laws of the States in which they reside. Being ignorant of the language and laws of the white man, they cannot understand or obey them. Rather than submit to this great evil, they prefer to seek a home in the west, where they may live and be governed by their own laws. And believing that they can procure for themselves a home, in a country suited to their wants and condition, provided they had the means to contract and pay for the same, they have determined to sell their country and hunt for a new home. The President has heard the complaints of the Chickasaws, and like them believes they cannot be happy, and prosper as a nation, in their present situation and condition, and being desirous to relive them from the great calamity that seems to await them, if they remain as they are---He has sent his Commissioner Genl. John Coffee, who has met the whole Chickasaw nation in Council, and after mature deliberation, they have entered into the following articles, which shall be binding on both parties, when the same shall be ratified by the President of the United States by and with the advice and consent of the Senate.

ARTICLE I. For the consideration hereinafter expressed, the Chickasaw nation do hereby cede, to the United States, all the land which they own on the east side of the Mississippi river, including all the country where they at present live and occupy.

ARTICLE II. The United States agree to have the whole country thus ceded, surveyed, as soon as it can be conveniently done, in the same manner that the public lands of the United States are surveyed in the States of Mississippi and Alabama, and as soon thereafter as may be practicable, to have the same prepared for sale. The President of the United States will then offer the land for sale at public auction, in the same manner and on the same terms and conditions as the other public lands, and such of the land as may not sell at the public sales shall be offered at private sale, in the same manner that other private sales are made of the United States lands.

ARTICLE III. As a full compensation to the Chickasaw nation, for the country thus ceded, the United States agree to pay over to the Chickasaw nation, all the money arising from the sale of the land which may be received from time to time, after deducting therefrom the whole cost and expenses of surveying and selling the land, including every expense attending the same.

ARTICLE IV. The President being determined that the Chickasaw people, shall not deprive themselves of a comfortable home, in the country where they now are, untill they shall have provided a country in the west to remove to, and settle on, with fair prospects of future comfort and happiness---It is therefore agreed to, by the Chickasaw nation, that they will endeavor as soon as it may be in their power, after the ratification of this treaty, to hunt out and procure a home for their people, west of the Mississippi river, suited to their wants and condition; and they will continue to do so during the progress of the survey of their present country, as is provided for in the second article of this treaty. But should they fail to procure such a country to remove to and settle on, previous to the first public sale of their country here then and in that event, they are to select out of the surveys, a comfortable settlement for every family in the Chickasaw nation, to include their present improvements, if the land is good for cultivation, and if not they may take it in any other place in the nation, which is unoccupied by any other person. Such settlement must be taken by sections. And there shall be allotted to each family as follows (to wit): To a single man who is twenty-one years of age, one section to each family of five and under that number two sections--to each family of six and not exceeding ten, three sections, and to each family over ten in number, four sections--and to families who own slaves, there shall be allowed, one section to those who own ten or upwards and such as own under ten, there shall be allowed half a section. If any person shall now occupy two places and wish to retain both, they may do so, by taking a part at one place, and a part at the other, and where two or more persons are now living on the same section, the oldest occupant will be entitled to remain, and the others must move off to some other place if so required by the oldest occupant. All of which tracts of land, so selected and retained, shall be held, and occupied by the Chickasaw people, uninterrupted until they shall find and obtain a country suited to their wants and condition. And the United States will guaranty to the Chickasaw nation, the quiet possession and uninterrupted use of the said reserved tracts of land, so long as they may live on and occupy the same. And when they shall determine to remove from said tracts of land, the Chickasaw nation will notify the President of the United States of their determination to remove, and thereupon as soon as the Chickasaw people shall remove, the President will proclaim the said reserved tracts of land for sale at public auction and at private sale, on the same terms and conditions, as is provided for in the second article of this treaty, to sell the same, and the nett proceeds thereof, to be paid to the Chickasaw nation, as is provided for in the third article of this treaty.

ARTICLE V. If any of the Chickasaw families shall have made valuable improvements on the places where they live and removed from, on the reservation tracts, the same shall be valued by some discreet person to be appointed by the President, who shall assess the real cash value of all such improvements, and also the real cash value of all the land within their improvements, which they may have cleared and actually cultivated, at least one year in good farming older and condition. And such valuation of the improvements and the value of the cultivated lands as before mentioned, shall be paid to the person who shall have made the same. To be paid out of the proceeds of the sales of the ceded lands. The person who shall value such land and improvements, shall give to the owner thereof, a certificate of the valuation, which shall be a good voucher for them to draw the money on, from the proper person, who shall be appointed to pay the same, and the money shall be paid, as soon as may be convenient, after the valuation, to enable the owner thereof to provide for their families on their journey to their new homes. The provisions of this article are intended to encourage industry and to enable the Chickasaws to move comfortably. But least the good intended may be abused, by designing persons, by hiring hands and clearing more land, than they otherwise would do for the benefit of their families--It is determined that no payment shall be made for improved lands, over and above one-eighth part of the tract allowed and reserved for such person to live on and occupy.

ARTICLE VI. The Chickasaw nation cannot receive any part of the payment for their land untill it shall be surveyed and sold; therefore, in order to the greater facility, in surveying and preparing the land for sale, and for keeping the business of the nation separate and apart form the business and accounts of the United States, it is proposed by the Chickasaws, and agreed to, that Surveyor General be appointed by the President, to superintend alone the surveying of this ceded country or so much thereof as the President may direct, who shall appoint a sufficient number of deputy surveyors, as may be necessary to complete the survey, in as short a time as may be reasonable and expedient. That the said Surveyor General be allowed one good clerk, and one good draftsman to aid and assist him in the business of his office, in preparing the lands for sale. It is also agreed that one land office be established for the sale of the lands, to have one Register and on Receiver of monies, to be appointed by the President, and each Register and Receiver to have one good clerk to aid and assist them in the duties of their office. The Surveyor's office, and the office of the Register and Receiver of money, shall be kept somewhere central in the nation, at such place as the President of the United States may direct. As the before mentioned officers, and clerks, are to be employed entirely in business of the nation, appertaining to preparing and selling the land, they will of course be paid out of the proceeds of the sales of the ceded lands. That the Chickasaws, may now understand as near as may be, the expenses that will be incurred in the transacting of this business--It is proposed and agreed to, that the salary of the Surveyor General be fifteen hundred dollars a year, and that the Register and Receiver of monies, be allowed twelve hundred dollars a year each, as a full compensation for their services, and all expenses, except stationary and postages on their official business, and that of each of the clerks and draftsman be allowed seven hundred and fifty dollars a year, for their services and expenses.

ARTICLE VII. It is expressly agreed that the United States shall not grant any right of preference, to any person, or right of occupancy in any manner whatsoever, but in all cases, of either public or private sale, they are to sell the land to the highest bidder, and also that none of the lands be sold in smaller tracts than quarter sections or fractional sections of the same size as near as may be, untill the Chickasaw nation may require the President to sell in smaller tracts. The Chiefs of the nation have heard that at some of the sales of the United States lands, the people there present, entered into combinations, and united in purchasing much of the land, at reduced prices, for their own benefit, to the great prejudice of the Government, and they express fears, that attempts will be made to cheat them, in the same manner when their lands shall be offered at public auction. It is therefore agreed that the President will use his best endeavours, to prevent such combinations, or any other plan or state of things which may tend to prevent the land selling for its full value.

ARTICLE VIII. As the Chickasaws have determined to sell their country, it is desirable that the nation realize the greatest possible sum for their lands, which can be obtained. It is therefore proposed and agreed to that after the President shall have offered their lands for sale and shall have sold all that will sell for the Government price, then the price shall be reduced, so as to induce purchasers to buy, who would not take the land at the Government minimum price;--and it is believed, that five years from and after the date of the first sale, will dispose of all the lands, that will sell at the Government price. If then at the expiration of five years, as before mentioned, the Chickasaw nation may request the President to sell at such reduced price as the nation may then propose, it shall be the duty of the President to comply with their request, by first offering it at public and afterwards at private sale, as in all other cases of selling public lands.

ARTICLE IX. The Chickasaw nation express their ignorance, and incapacity to live, and be happy under the State laws, they cannot read and understand them, and therefore they will always need a friend to advise and direct them. And fearing at some day the Government of the United States may withdraw from them, the agent under whose instructions they have lived so long and happy-- They therefore request that the agent may be continued with them, while here, and wherever they may remove to and settle. It is the earnest wish of the United States Government to see the Chickasaw nation prosper and be happy, and so far as is consistent they will contribute all in their power to render them so--therefore their request is granted. There shall be an agent kept with the Chickasaws as heretofore, so long as they live within the jurisdiction of the United States as a nation, either within the limits of the States where they now reside, or at any other place. And whenever the office of agent shall be vacant, and an agent to be appointed, the President will pay due respect to the wishes of the nation in selecting a man in all respects qualified to discharge the responsible duties of that office.

ARTICLE X. Whenever the Chickasaw nation shall determine to remove from, and leave their present country, they will give the President of the United States timely notice of such intention, and the President will furnish them, the necessary funds, and means for their transportation and journey, and for one years provisions, after they reach their new homes, in such quantity as the nation may require, and the full amount of such funds, transportation and provisions, is to be paid for, out of the proceeds of the sales of the ceded lands. And should the Chickasaw nation remove, from their present country, before they receive money, from the sale of the lands, hereby ceded; then and in that case, the United States shall furnish them any reasonable sum of money for national purposes, which may be deemed proper by the President of the United States, which sum shall also be refunded out of the sales of the ceded lands.

ARTICLE XI. The Chickasaw nation have determined to create a perpetual fund, for the use of the nation forever, out of the proceeds of the country now ceded away. And for that purpose they propose to invest a large proportion for the money arising from the sale of the land, in some safe and valuable stocks, which will bring them in an annual interest or dividend, to be used for all national purposes, leaving the principal untouched, intending to use the interest alone. It is therefore proposed by the Chickasaws, and agreed to, that the sum to be laid out in stocks as above mentioned, shall be left with the government of the United States, untill it can be laid out under the direction of the President of the United States, by and with the advice and consent of the Senate, in such a safe and valuable stock as he may approve of, for the use and benefit of the Chickasaw nation. The sum thus to be invested, shall be equal to, at least three-fourths of the whole nett proceeds of the sales of the lands; and as much more, as the nation may determine, if there shall be a surplus after supplying all the national wants. But it is hereby provided, that if the reasonable wants of the nation shall require more than one fourth of the proceeds of the sales of the land, then they may, by consent of the President and Senate, draw from the government such sum as may be thought reasonable, for valuable national purposes, out of the three-fourths reserved to be laid out in stocks. But if any of the monies shall be thus drawn out of the sum first proposed, to be laid out on interest, the sum shall be replaced, out of the first monies of the nation, which may come into the possession of the United States government, from the sale of the ceded lands, over and above the reasonable wants of the nation. At the expiration for fifty years from this date, if the Chickasaw nation shall have improved in education and civilization, and become so enlightened, as to be capable of managing so large a sum of money to advantage, and with safety, for the benefit of the nation, and the President of the United States, with the Senate, shall be satisfied thereof, at that time, and shall give their consent thereto, the Chickasaw nation may then withdraw the whole, or any part of the fund now set apart, to be laid out in stocks, or at interest, and dispose of the same, in any manner that they may think proper at that time, for the use and benefit of the whole nation; but no part of said fund shall ever be used for any other purpose, than the benefit of the whole Chickasaw nation. In order to facilitate the survey and sale of the lands now ceded, and to raise the money therefrom as soon as possible, for the foregoing purpose, the President of the United States is authorised to commence the survey of the land as soon as may be practicable, after the ratification of this treaty.

ARTICLE XII. The Chickasaws feel grateful to their old chiefs, for their long and faithful services, in attending to the business of the nation. They believe it a duty, to keep them from want in their old and declining age-- with those feelings, they have looked upon their old and be loved chief Tish-o-mingo, who is now grown old, and is poor and not able to live, in that comfort, which his valuable life and great merit deserve. It is therefore determined to give him out of the national funds, one hundred dollars a year during the balance of his life, and the nation request him to receive it as a token of their kind feelings for him, on account of his long and valuable services.

Our old and beloved Queen Puc-caun-la, is now very old and very poor. Justice says the nation ought not to let her suffer in her old age; it is therefore determined to give her out of the national funds, fifty dollars a year during her life, the money to be put in the hands of the agent to be laid out for her support, under his direction, with the advice of the chiefs.

ARTICLE XIII. The boundary line between the lands of the Chickasaws and Choctaws, has never been run, or properly defined, and as the Choctaws have sold their country to the United States, they now have no interest in the decision of that question. It is therefore agreed to call on the old Choctaw chiefs to determine the line to be run, between the Chickasaws and their former country. The Chickasaws, by a treaty made with the United States at Franklin in Tennessee, in Aug. 1830, (a) declared their line to run as follows, to wit: Beginning at the mouth of Oak tibby-haw and running up said stream to a point, being a marked tree, on the old Natches road, one mile southwardly from Wall's old place. Thence with the Choctaw boundary, and along it, westwardly through the Tunicha old fields, to a point on the Mississippi river, about twenty-eight miles by water, below where the St. Francis river enters said stream on the west side. It is now agreed, that the surveys of the Choctaw country which are now in progress, shall not cross the line untill the true line shall be decided and determined; which shall be done as follows, the agent for the Choctaws on the west side of the Mississippi shall call on the old and intelligent chiefs of that nation, and lay before them the line as claimed by the Chickasaws at the Franklin treaty, and if the Choctaws shall determine that line to be correct, then it shall be established and made the permanent line, but if the Choctaws say the line strikes the Mississippi river higher up said stream, then the best evidence which can be had from both nations, shall be taken by the agents for both nations, and submitted to the President of the United States for his decision, and on such evidence, the President will determine the true line on principles of strict justice.

ARTICLE XIV. As soon as the surveys are made, it shall be the duty of the chiefs, with the advice and assistance of the agent to cause a correct list to be made out of all and every tract of land, which shall be reserved, for the use and benefit of the Chickasaw people, for their residence, as is provided for in the fourth article of this treaty, which list, will designate the sections of land, which are set apart for each family or individual in the nation, shewing the precise tracts which shall belong to each and every one of them, which list shall be returned to the register of the land office, and he shall make a record of the same, in his office, to prevent him from offering any of said tracts of land for sale, and also as evidence of each person's lands. All the residue of the lands will be offered by the President for sale.

ARTICLE XV. The Chickasaws request that no persons be permitted to move in and settle on their country before the land is sold. It is therefore agreed, that no person, whatsoever, who is not Chickasaw or connected with the Chickasaws by marriage, shall be permitted to come into the country and settle on any part of the ceded lands untill they shall be offered for sale, and then there shall not be any person permitted to settle on any of the land, which has not been sold, at the time of such settlement, and in all cases of a person settling on any of the ceded lands contrary to this express understanding, they will be intruders, and must be treated as such, and put off of the lands of the nation.

In witness of all and every thing herein determined, between the United States and the whole Chickasaw nation in general council assembled, the parties have hereunto set their hands and seals, at the council house, on Pontitock creek, in the Chickasaw nation, on this twentieth day of October, one thousand eight hundred and thirty-two.

JOHN COFFEE.

Ish-te-ho-to-pa, (King) Tish-o-min-go, Levi Colbert, George Colbert, William M'Gilvery, Samuel Sely, To-pul-kah, Isaac Albertson, Em-ub-by, Pis-tah-lah-tubbe, Ish-tim-o-lut-ka, James Brown, Im-mah-hoo-lo-tubbe, Ish-ta-ha-chah, Lah-fin-hubbe, Shop-pow-me, Nin-uck-ah-umba, Im-mah-hoo-la-tubbe, Illup-pah-umba, Pitman Colbert, Con-mush-ka-ish-kah, James Wolfe, Bah-ha-kah-tubbe, E. Bah-kah-tubbe, Captain Thompson, New-berry, Bah-ma-hah-tubbe, John Lewis, I-yah-hou-tubbe, Tok-holth-la-chah, Oke-lah-nah-nubbe, Im-me-tubbe, In-kah-yea, Ah-sha-cubbe, Im-mah-ho-bah, Fit-chah-pla, Unte-mi-ah-tubbe, Oke-lah-hin-lubbe, John Glover, Bah-me-hubbe, Hush-tah-tah-ubbe, Un-ti-ha-kah-tubbe, Yum-mo-tubbe, Oh-ha-cubbe, Ah-fah-mah, Ah-ta-kin-tubbe, Ah-to-ko-wah, Tah-ha-cubbe, Kin-hoi-cha, Ish-te-ah-tubbe, Chick-ah-shah-nan-ubbe, Che-wut-ta-ha, For-lut-ta-chah, No-wo-ko, Win-in-a-pa, Oke-lah-shah-cubbe, Ish-ta-ki-yu-ka-tubbe, Mah-te-ko-shubbe, Tom-chick-ah, Ei-o-che-tubbe, Nuck-sho-pubbe, Fah-lah-mo-tubbe, Co-chub-be, Thomas Sely, Oke-lah-sha-pi-a.

Signed and sealed in the presence of Ben. Reynolds, Indian Agent. John L. Allen, Sub Agent. Nath. Anderson, Sec. to the Commr. Benj. Love, U.S. Interpreter. Robert Gordon, Missi. George Wightman, of ditto. John Donley, Tenn. D.S. Parrish, Tennessee. S. Daggett, Missi. Wm. A. Clurm. G.W. Long.

To the Indian names are subjoined marks.

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4. Choctaw Treaty of September 27, 1830

Choctaw Treaty of September 27, 1830 A Treaty of Perpetual Friendship, Cession, and Limits

Entered into by John H. Eaton and John Coffee, for and in behalf of the Government of the United States, and the Mingoes, Chiefs, Captains and Warriors of the Choctaw Nation, begun and held at Dancing Rabbit Creek, on the fifteenth of September, in the year eighteen hundred and thirty.

Whereas the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same, and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty: (This paragraph was not ratified.)

ARTICLE I. Perpetual peace and friendship is pledged and agreed upon by and between the United States and the Mingoes, Chiefs, and Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void.

ARTICLE II. The United States under a grant specially to be made by the President of the U.S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the scource of the Canadian fork; if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified.

ARTICLE III. In consideration of the provisions contained in the several articles of this Treaty, the Choctaw nation of Indians consent and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to remove beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes.

ARTICLE IV. The Government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may be within their limits west, so that no Territory or State shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the U.S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian Affairs. But the Choctaws, should this Treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws, any white man who shall come into their nation, and infringe any of their national regulations.

ARTICLE V. The United States are obliged to protect the Choctaws from domestic strife and from forieghn enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U.S. for defence or for wrongs committed by an enemy, on a citizen of the U.S. shall be equally binding in favour of the Choctaws, and in all cases where the Choctaws shall be called upon by a legally authorized officer of the U.S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U.S. receive such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U.S. unless it be in self defence against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U.S. are advised thereof.

ARTICLE VI. Should a Choctaw or any party of Choctaws commit acts of violence upon the person of property of a citizen of the U.S. or join any war party against any neighbouring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U.S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U.S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender.

ARTICLE VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U.S. or neighbouring Tribes of Red People, shall be reffered to some authorized Agent by him to be reffered to the President of the U.S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation.

ARTICLE VIII. Offenders against the laws of the U.S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U.S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States.

ARTICLE IX. Any citizen of the U.S. who may be ordered from the Nation by the Agent and constituted authorities of the Nation and refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be provided by the laws of the U.S. in such cases. Citizens of the U.S. travelling peaceably under the authority of the laws of the U.S. shall be under the care and protection of the nation.

ARTICLE X. No person shall expose goods or other article for sale as a trader, without a written permit from the constituted authorities of the Nation, or authority of the laws of the Congress of the U.S. under penalty of forfeiting the Articles, and the constituted authorities of the Nation shall grant no license except to such persons as reside in the Nation and are answerable to the laws of the Nation. The U.S. shall be particularly obliged to assist to prevent ardent spirits from being introduced into the Nation.

ARTICLE XI. Navigable streams shall be free to the Choctaws who shall pay no higher toll or duty than citizens of the U.S. It is agreed further that the U.S. shall establish one or more Post Offices in said Nation, and may establish such military post roads, and posts, as they may consider necessary.

ARTICLE XII. All intruders shall be removed from the Choctaw Nation and kept without it. Private property to be always respected and on no occasion taken for public purposes without just compensation being made therefor to the rightful owner. If an Indian unlawfully take or steal any property from a white man a citizen of the U.S. the offender shall be punished. And if a white man unlawfully take or steal anything from an Indian, the property shall be restored and the offender punished. It is further agreed that when a Choctaw shall be given up to be tried for any offence against the laws of the U.S. if unable to employ counsel to defend him, the U.S. will do it, that his trial may be fair and impartial.

ARTICLE XIII. It is consented that a qualified Agent shall be appointed for the Choctaws every four years, unless sooner removed by the President; and he shall be removed on petition of the constituted authorities of the Nation, the President being satisfied there is sufficient cause shown. The Agent shall fix his residence convenient to the great body of people; and in the selection of an Agent immediately after the ratification of this Treaty, the wished of the Choctaw Nation on the subject shall be entitled to great respect.

ARTICLE XIV. Each Choctaw head of a family being desirous to remain and become a citizen of the States, shall be permitted to do so, by signifying his intention to the Agent within six months from the ratification of this Treaty, and he or she shall thereupon be entitled to a reservation of one section of six hundred and forty acres of land, to be bounded by sectional lines of survey; in like manner shall be entitled to one half that quantity for each unmarried child which is living with him over ten years of age; and a quarter section to such child as may be under 10 years of age, to adjoin the location of the parent. If they reside upon said lands intending to become citizens of the States for five years after ratification of this Treaty, in that case a grant in fee simple shall issue; said reservation shall include the present improvement of the head of the family, or a portion of it. Persons who claim under this article shall not lose the priviledge of a Choctaw citizen, but if they ever remove are not to be entitled to any portion of the Choctaw annuity.

ARTICLE XV. To each of the Chiefs in the Choctaw Nation (to wit) Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted a reservation of four sections of land, two of which shall include and adjoin their present improvement, and the other two located where they please but on unoccupied unimproved lands, such sections shall be bounded by sectional lines, and with the consent of the President they may sell the same. Also to the three principal Chiefs and to their successors in office there shall be paid two hundred and fifty dollars annually while they shall continue in their respective offices, except to Mushulatubbe, who as he has an annuity of one hundred and fifty dollars for life under a former treaty, shall receive only the additional sum of one hundred dollars, while he shall continue in office as Chief; and if in addition to this the Nation shall think propper to elect an additional principal Chief of the whole to superintend and govern upon republican principles he shall receive annually for his services five hundred dollars, which allowance to the Chiefs and their successors in office, shall continue for twenty years. At any time when in military service, and while in service by authority of the U.S. the district Chiefs under and by selection of the President shall be entitled to the pay of Majors; the other Chief under the same circumstances shall have the pay of a Lieutenant Colonel. The Speakers of the three districts, shall receive twenty-five dollars a year for four years each; and the three secretaries one to each of the Chiefs, fifty dollars each for four years. Each Captain of the Nation, the number not to exceed ninety-nine, thirty-three from each district, shall be furnished upon removing to the West, with each a good suit of clothes and a broad sword as an outfit, and for four years commencing with the first of their removal, shall each receive fifty dollars a year, for the trouble of keeping their people at order in settling; and whenever they shall be in military service by authority of the U.S. shall receive the pay of a captain.

ARTICLE XVI. In waggons; and with steam boats as may be found necessary--the U.S. agree to remove the Indians to their new homes at their expense and under the care of discreet and carefull persons, who will be kind and brotherly to them. They agree to furnish them with ample corn and beef, or pork for themselves and families for twelve months after reaching their new homes.

It is agreed further that the U.S. will take all their cattle, at the valuation of some discreet person to be appointed by the President, and the same shall be paid for in money after their arrival at their new homes; or other cattle such as may be desired shall be furnished to them, notice being given through their Agent of their wishes upon this subject before their removal that time to supply and demand may be afforded.

ARTICLE XVII. The several annuities and sums secured under former Treaties to the Choctaw nation and people shall continue as though this Treaty had never been made.

And it is further agreed that the U.S. in addition will pay the sum of twenty thousand dollars for twenty years, commencing after their removal to the west, of which, in the first year after their removal, ten thousand dollars shall be divided and arranged to such as may not receive reservations under this Treaty.

ART. XVIII. The U.S. shall cause the lands hereby ceded to be surveyed; and surveyors may enter the Choctaw Country for that purpose, conducting them- selves properly and disturbing or interrupting none of the Choctaw people. But no person is to be permitted to settle within the nation, or lands to be sold before the Choctaws shall remove. 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. And further it is agreed, that in the construction of this Treaty wherever well founded doubt shall arise, it shall be construed most favourably towards the Choctaws.

ARTICLE XIX. The following reservations of land are hereby admitted. To Colonel David Fulsom four sections of which two shall include his present improvement, and two may be located elsewhere, on unoccupied, unimproved land, To I. Garland, Colonel Robert Cole, Tuppanahomer, John Pytchlynn, Charles Juzan, Johokebetubbe, Eaychahobia, Ofehoma, two sections each to include their improvements, and to be bounded by sectional lines, and the same may be disposed of and sold with the consent of the President. And that others not provided for, may be provided for, there shall be reserved as follows:

First. One section to each head of a family not exceeding Forty in number, who during the present year, may have had in actual cultivation, with a dwelling house thereon fifty acres or more. Secondly, three quarter sections after the manner aforesaid to each head of a family not exceeding four hundred and sixty, as shall have cultivated thirty acres and less than fifty, to be bounded by quarter section lines of survey, and to be contiguous and adjoining.

Third; One half section as aforesaid to those who shall have cultivated from twenty to thirty acres the number not to exceed four hundred. Fourth; a quarter section as aforesaid to such as shall have cultivated from twelve to twenty acres, the number not to exceed three hundred and fifty, and one half that quantity to such as shall have cultivated from two to twelve acres, the number also not to exceed three hundred and fifty persons. Each of said class of cases shall be subject to the limitations contained in the first class, and shall be so located as to include that part of the improvement which contains the dwelling house. If a greater number shall be found to be entitled to reservations under the several classes of this article, than is stipulated for under the limitation prescribed, then and in that case the Chiefs separately or together shall determine the persons who shall be excluded in the respective districts.

Fifth; Any Captain the number not exceeding ninety persons, who under the provisions of this article shall receive less than a section, he shall be entitled, to an additional quantity of half a section adjoining to his other reservation. The several reservations secured under this article, may be sold with the consent of the President of the U.S. but should any prefer it, or omit to take a reservation for the quantity he may be entitled to, the U.S. will on his removing pay fifty cents an acre, after reaching their new homes, provided that before the first of January next they shall adduce to the Agent, or some other authorized person to be appointed, proof of his claim and the quantity of it. Sixth; likewise children of the Choctaw Nation residing in the Nation, who have neither father nor mother a list of which, with satisfactory proof of Parentage and orphanage being filed with Agent in six months to be forwarded to the War Department, shall be entitled to a quarter section of Land, to be located under the direction of the President, and with his consent the same may be sold and the proceeds applied to some beneficial purpose for the benefit of said orphans.

ARTICLE XX. The U.S. agree and stipulate as follows, that for the benefit and advantage of the Choctaw people, and to improve their condition, their shall be educated under the direction of the President and at the expense of the U.S. forty Choctaw youths for twenty years. This number shall be kept at school, and as they finish their education others, to supply their places shall be received for the period stated. The U.S. agree also to erect a Council House for the Nation at some convenient central point, after their people shall be settled; and a House for each Chief, also a Church for each of the three Districts, to be used also as school houses, until the Nation may conclude to build others; and for these purposes ten thousand dollars shall be appropriated; also fifty thousand dollars (viz.) twenty-five hundred dollars annually shall be given for the support of three teachers of schools for twenty years. Likewise there shall be furnished to the Nation, three Blacksmiths one for each district for sixteen years, and a qualified Mill Wright for five years; Also there shall be furnished the following articles, twenty-one hundred blankets, to each warrior who emigrates a rifle, moulds, wipers and ammunition. One thousand axes, ploughs, hoes, wheels and cards each; and four hundred looms. There shall be furnished, one ton of iron and two hundred weight of steel annually to each District for sixteen years.

ARTICLE XXI. A few Choctaw Warriors yet survive who marched and fought in the army with General Wayne, the whole number stated not to exceed twenty. These it is agreed shall hereafter, while they live, receive twenty-five dollars a year; a list of them to be early as practicable, and within six months, made out, and presented to the Agent, to be forwarded to the War Department.

ARTICLE XXII. The Chiefs of the Choctaws who have suggested that their people are in a state of rapid advancement in education and refinement, and have expressed a solicitude that they might have the privilege of a Delegate on the floor of the House of Representatives extended to them. The commissioners do not feel that they can under a treaty stipulation accede to the request, but at their desire, present it in the Treaty, that Congress may consider of, and decide the application.

Done, and signed, and executed by the Commissioners of the United States, and the Chiefs, Captains and Head Men of the Choctaw Nation at Dancing Rabbit Creek, this 27th day of September, eighteen hundred and thirty.

JNO. H. EATON,
JNO. COFFEE.

Greenwood Leflore, Musholatubbee, Nittucachee, Eyarhocuttubbee, Iyacherhopia, Offahoomah, Archalater, Onnahubbee, Holarterhoomah, Hopiaunchahubbee, Zishomingo, Captainthalke, James Shield, Pistiyubbee, Yobalarunehahubbee, Holubbee, Robert Cole, Mokelareharhopin, Lewis Perry, Artonamarstubbee, Hopeatubbee, Hoshahoomah, Chuallahoomah, Joseph Kincaide, Artooklubbetushpar, Metubbee, Arsarkatubbee, Issaterhoomah, Chohtahmatahah, Tunnuppashubbee, Okecharyer, Warsharchahoomah, Isaac James, Hopiaintushker, Aryoshkermer, Shemotar, Hopiaisketina, Thomas Leflore, Arnokechatubbe, Hoshhopia, Warsharshahopia, Maarshunchahubbee, Misharyubbee, Daniel McCurtain, Tushkerharcho, Hoktoontubbee, Nuknacrahookmarhee, Mingo hoomah Pisinhocuttubbee, Tullarhacher, Little leader Maanhutter, Cowehoomah, Tillamoer, Imnullacha, Artopilachubbee, Shupherunuchahubbee, Nitterhoomah, Oaklaryubbee, Pukumna, Arpalar, Holber. Hoparmingo, Isparhoomah, Tieberhoomao, Tishoholarter, Mahayarchubbee, Arlarter, Nittahubbee, Tishonouan, Phiplip, Meshameye, Ishteheka, Heshohomme, Benjamin James, Tikbachahambe, Aholiktube, Walking Wolf John McKelbery, Shokopebukma, Posherhoomah, Robert Folsom, Arharyotubbee, Cushonolarter, James Vaughan, James Karnes, Tishohakubbee, Narlanalar, Pennasha, Inharyarker, Motubbee, Narharyubbee, Ishmaryubbee, James McKing, Lewis Wilson, Ishtonarkerharcho, Hohinshamartarher, Kinsulachubbee, Emarhinstubee, Gysalndalra, bm, Thomas Wall, Sam. S. Worchester, Jacob Folsom, William Foster, Ontioerharcho, Hugh A. Foster, Pierre Juzar, Jno. Pitchlynn, jr. David Folsom, Sholohommastube, Tesho Lauwechubee, Hoshehammo, Ofenowo, Ahekoche, Kaloshoube, Atoko, Ishtemeleche, Emthtohabe, Silas D. Fisher, Isaac Folsom, Hekatube, Hakseche, Jerry Carney, John Washington, John Waide, Big Axe. Bob, Tushkochaubbee, Ittabe, Tishowakayo, Folehommo, John Garland, Koshona, Ishleyohamube, Oklanowa, Neto, James Fletcher, Silus D. Pitchlynn, William Trahorn, Toshkahemmitto, Tethetayo, Emokloshahopie, Tishoimita, Thomas W. Foster, Zadoc Brashears, Levi Perkins, Isaac Perry, Ishlonocka Hoomah, Hiram King, Ogla Enlah, Nultlahtubbee, Tuska Hollattuh, Panshastubbee, P. P. Pitchlym, Joel H. Nail, Hopia Stonakey, Kochoomma, William Wade, Panshstickubbee, Holittankchahubbe, Kothoantchahubbe, Eyarpulubbe, Okentahubbe, Living War Club, John Jones, Charles Jones, Isaac Jones, Hochlucha, Muscogee, Eden Nelson.

In presence of E. Breathitt, Secretary to the Commissioners. William Ward, Agent for Choctaws. John Pitchlyn, United States Interpreter. M. Mackey, United States Interpreter. Geo. S. Gaines, of Alabama. R. P. Currin. Luke Howard. Sam. S. Worcester. Jno. N. Byrn. John Bell. Jno. Bond.

To the Indian names are subjoined marks.

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5. Choctaw Treaty, Supplement of September 28, 1830

Choctaw Treaty, Supplement of September 28, 1830 Supplementary Articles To The Preceding Treaty

Various Choctaw persons have been presented by the Chiefs of the nation, with a desire that they might be provided for. Being particularly deserving, an earnestness has been manifested that provision might be made for them. It is therefore by the undersigned commissioners here assented to, with the under- standing that they are to have no interest in the reservations which are directed and provided for under the general Treaty to which this is a supplement.

As evidence of the liberal and kind feelings of the President and Government of the United States the Commissioners agree to the request as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G. W. Harkins, Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James, Joel H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael Laflore and Allen Yates and wife shall be entitled to a reservation of two sections of land each to include their improvement where they at present reside, with the exception of the three first named persons and Benjamin Laflore, who are authorized to locate one of their sections on any other unimproved and unoccupied land, within their respective districts.

ARTICLE II. And to each of the following persons there is allowed a reservation of a section and a half of land, (to wit) James L. McDonald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans, Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas Garland, John Bond, William Laflore, and Turner Brashears, the two first named persons, may locate one section each, and one section jointly on any unimproved and unoccupied land, these not residing in the Nation; The others are to include their present residence and improvement.

Also one section is allowed to the following persons (to wit) Middleton Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall, Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and Polly Fillecuthey, to be located in entire sections to include their present residence and improvement, with the exception of Molly Nail and Susan Colbert, who are authorized to locate theirs, on any unimproved unoccupied land.

John Pitchlynn has long and faithfully served the nation in character of U. States Interpreter, he has acted as such for forty years, in consideration it is agreed, in addition to what has been done for him there shall be granted to two of his children, (to wit) Silas Pitchlynn, and Thomas Pitchlynn one section of land each, to adjoin the location of their father; likewise to James Madison and Peter sons of Mushulatubbee one section of land each to include the old house and improvement where their father formerly lived on the old military road adjoining a large Prerarie.

And to Henry Groves son of the Chief Natticache there is one section of land given to adjoin his father's land.

And to each of the following persons half a section of land is granted on any unoccupied and unimproved lands in the Districts where they respectively live (to wit) Willis Harkins, James D. Hamilton, William Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel Worcester, George Hunter, William Train, Robert Nail and Alexander McKee.

And there is given a quarter section of land each to Delila and her five fatherless children, she being a Choctaw woman residing out of the nation; also the same quantity to Peggy Trihan, another Indian woman residing out of the nation and her two fatherless children; and to the widows of Pushmilaha, and Pucktshenubbee, who were formerly distinguished Chiefs of the nation and for their children four quarter sections of land, each in trust for them- selves and their children.

All of said last mentioned reservations are to be located under and by direction of the President of the U. States.

ARTICLE III. The Choctaw people now that they have ceded their lands are solicitous to get to their new homes early as possible and accordingly they wish that a party may be permitted to proceed this fall to ascertain where- abouts will be most advantageous for their people to be located.

It is therefore agreed that three or four persons (from each of the three districts) under the guidance of some discreet and well qualified person or persons may proceed during this fall to the West upon an examination of the country.

For their time and expenses the U. States agree to allow the said twelve persons two dollars a day each, not to exceed one hundred days, which is deemed to be ample time to make an examination.

If necessary, pilots acquainted with the country will be furnished when they arrive in the West.

ARTICLE IV. John Donly of Alabama who has several Choctaw grand children, and who for twenty years has carried the mail through the Choctaw Nation, a desire by the Chiefs is expressed that he may have a section of land, it is accordingly granted, to be located in one entire section, on any unimproved and unoccupied land.

Allen Glover and George S. Gaines licensed Traders in the Choctaw Nation, have accounts amounting to upwards of nine thousand dollars against the Indians who are unable to pay their said debts without distressing their families; a desire is expressed by the Chiefs that two sections of land be set apart, to be sold and the proceeds thereof to be applied toward the payment of the aforesaid debts. It is agreed that two sections of any unimproved and unoccupied land be granted to George S. Gaines who will sell the same for the best price he can obtain and apply the proceeds thereof to the credit of the Indians on their accounts due to the before mentioned Glover and Gaines; and shall make the application to the poorest Indian first.

At the earnest and particular request of the Chief Greenwood Laflore there is granted to David Haley one half section of land to be located in a half section on any unoccupied and unimproved land as a compensation, for a journey to Washington City with dispatches to the Government and returning others to the Choctaw Nation.

The foregoing is entered into, as supplemental to the treaty concluded yesterday.

Done at Dancing Rabbit Creek the 28th day of September 1830.

JNO. H. EATON,
JNO. COFFEE.

Greenwood Leflore, Nittucachee, Musholatubbee, Ofahoomah, Eyarhoeuttubbee, Iyaeherhopia, Holubbee, Onarhubbee, Robert Cole, Hopiaunchahubbee, David Folsom, John Garland, Hopiahoomah, Captainthalko, Pierre Juzan, Immarstarher, Hoshimhamartar

In presence of E Breathitt, Secty. to Coms. W. Ward, Agt. for Choctaws. M Mackey, U.S. Intr. John Pitchlynn, U.S. Intr. R.P. Currin. Jno. W. Byrn. Geo. S. Gaines.

To the Indian names are subjoined marks.

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6. Choctaw Act of August 23, 1842

Choctaw Act of August 23, 1842

An Act to provide for the satisfaction of claims arising under the fourteenth and nineteenth articles of the treaty of Dancing Rabbit creek, concluded in September, one thousand eight hundred and thirty.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act approved on the third of March, eighteen hundred and thirty-seven, entitled "An act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of eighteen hundred and thirty, with the Choctaw Indians: and also, the act approved on the twenty-second day of February, eighteen hundred and thirty-eight, entitled "An act to amend an act entitled 'An act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of eighteen hundred and thirty, with the Choctaw Indians,' so far as the same are not repealed or modified by the provisions of this act," be, and the same are hereby, revived and continued in force until the powers conferred by this act shall be fully executed, subject, nevertheless, to repeal or modification by any act of Congress. And all the powers and duties of the commissioners are hereby extended to claims arising under the nineteenth article of the said treaty, and under the supplement to the said treaty, to be examined in the same manner and with the same effect as in cases arising under the fourteenth article of the said treaty: Provided, That the salary of said Commissioners shall not exceed the rate of two thousand five hundred dollars per annum.

Sec. 2. And be it further enacted, That subpoenas for the attendance of witnesses before the said commissioners, and process to compel such attendance may be issued by the said commissioners, or any two of them, under their seals in the same manner and with the same effect as if issued by courts of record, and may be executed by the marshal of any district, or by any sheriff, deputy sheriff or other peace officer designated by the said commissioners, who shall receive for such services the same fees as are allowed in the district court of the United States for the district in which the same shall be rendered for similar services, to be paid, on the certificate of the commissioners, out of the contingent fund appropriated by the fourth section of the act secondly above recited, which was approved on the twenty-second day of February, one thousand eight hundred and thirty-eight, and which is revived by this act: Provided, That nothing herein contained shall be construed to revive such portion of the act approved the third day of March, one thousand eight hundred and thirty-seven, referred to in the first section of this act, as provides for the employment and pay of the district attorney of either of the districts of the State of Mississippi.

Sec. 3. And be it further enacted, That when the said commissioners shall have ascertained that any Choctaw has complied or offered to comply with all the requisites of the fourteenth article of the said treaty, to entitle him to any reservation under that article, which requisites are as follows, to wit: that said Choctaw Indian did signify his or her intention to the agent, in person, or by some person duly authorized and especially directed, by said Indian, to signify the intention of said Indians to become a citizen of the State, within six months from the date of the ratification of the said treaty, and had his or her name, within the time of six months aforesaid, enrolled on the register of the Indian agent aforesaid, for that purpose; or shall prove, to the entire satisfaction of the said commissioners and to the Secretary of War, that he or she did signify his or her intention, within the term of six months from the date of the ratification of the treaty aforesaid, if his or her name was not enrolled in the register of the agent aforesaid, but was omitted by said agent; and, secondly, that said Indian did, at the date of making said treaty, to wit, on the twenty-seventh day of September, eighteen hundred and thirty, have and own an improvement in the then Choctaw country; and that, having and owning an improvement, at the place and time aforesaid, did reside upon that identical improvement, or a part of it, for the term of five years continuously, next after the ratification of said treaty, to wit, from the twenty-fourth of February, eighteen hundred and thirty-one, to the twenty-fourth of February, eighteen hundred and thirty-six, unless it shall be made to appear that such improvement was, before the twenty-fourth day of February, eighteen hundred and thirty-six, dispossessed of by the United States, and that the reservee was dispossessed by means of such disposition; and, thirdly, that it shall be made to appear, to the entire satisfaction of said commissioners, and to the Secretary of War, that said Indian did not receive any other grant of land under the provisions of any other article of said treaty; and, fourthly, that it shall be made to appear, in like manner, that said Indian did not remove to the Choctaw country west of the Mississippi river, but he or she had continued to reside within the limits of the country ceded by the Choctaw Indians to the United States, by said treaty of twenty-seventh September, in the year eighteen hundred and thirty, it shall be the duty of the said commissioners, if all and each of the above requisites shall be made clearly to appear to their satisfaction, and the Secretary of War shall concur therein, to proceed to ascertain the quantity of land to which said Indian, by virtue of the fourteenth article of said treaty, is entitled to, which, when ascertained, shall be located for said Indian, according to sectional lines, so as to embrace the improvement, or a part of it, owned by said Indian at the date of said treaty; and it shall be the duty of the President of the United States to issue a patent to said Indian for said land, if he or she be living, and if not, to his or her heirs and legal representatives; and in like manner shall the commissioners aforesaid ascertain the quantity of land granted by said article to each child of said Indian, according to the limitations contained in said article, and locate said quantity, for said children, contiguous to and adjoining the improvement of the parent of such child or children; and the President shall issue a patent for each tract of land thus located, to said Indian child, if living, and if not, to the heirs and legal representatives of such Indian child. But if the United States shall have disposed of any tract of land, to which any Indian was entitled, under the provisions of said fourteenth article of said treaty, so that it is now impossible to give said Indian the quantity to which he was entitled, including his improvements, as aforesaid, or any part of it, or to his children, on the adjoining lands, the said commissioners shall thereupon estimate the quantity to which each Indian is entitled, and allow him or her, for the same, a quantity of land equal to that allowed, to be taken out of any of the public lands in the States of Mississippi, Louisiana, Alabama, and Arkansas, subject to entry at private sale; and certificates to that effect shall be delivered, under the direction of the Secretary of War, through such agent as he may select, not more than one half of which shall be delivered to said Indian until after his removal to the Choctaw territory west of the Mississippi river. The said commissioners shall also ascertain the Choctaws, if any, who relinquished or offered to relinquish any reservations to which he was entitled under the nineteenth article of the said treaty, or whose reservations under that article had been sold by the United States; and shall also determine the quantity to which such claimant was entitled; and the quantity of land which should be allowed him on extinguishment of such claim, at the rate of two fifths of an acre for every acre of land to which said claimant was entitled, said land having been estimated under this article at fifty cents per acre: Provided, nevertheless, That no claim shall be considered or allowed by said commissioners, for or in the name or behalf of any Indian claimant whose name does not appear upon the lists or registers of claimants made by Major Armstrong, special agent for that purpose, in conjunction with the three chiefs of the three Choctaw districts, and returned to the Department of War in January, eighteen hundred and thirty-two, and who does not appear from those registers to be entitled to a reservation under said nineteenth article.

Sec. 4. And be it further enacted, That the said commissioners, within two years from the time of their entering upon the duties of their offices, and as often as shall be required by the President of the United States, shall report to him their proceedings in the premises, with a full and perfect list of names of all the Choctaws whom they shall have determined to be entitled to reservations under this act; the quantity of land to which each shall be so entitled, the number of claims which can be located according to the provisions of the fourth section of this act, and such as cannot be located according to the provisions of the fourth section of this act; and the powers and duties of the said commissioners shall cease at the expiration of two years from the time of the first organization of the board; and their proceedings may be terminated by the President at any time previous to the expiration of the said two years.

Sec. 5. And be it further enacted, That the commissioners to be appointed under this act shall also ascertain and determine the quantity of land to which any Choctaw or other person named in the supplement to the said treaty of Dancing Rabbit creek was entitled by virtue thereof, and which such person has by any means been prevented from receiving.

Sec. 6. And be it further enacted, That if the President of the United States shall approve and confirm the determination of the commissioners heretofore appointed to investigate the claims existing under the fourteenth article of the said treaty of Dancing Rabbit creek, in any case, he shall cause to be delivered to the claimant, if he be a Choctaw Indian, his legal representatives or heirs, certificates, as provided by the fourth section of this act, for the quantity of land to which such claimant shall appear, by such determination, to have been entitled, in full satisfaction and discharge of such claim: Provided, Such determination was made by adhering, in every instance, to the requisites contained in the fourth section of this act: And provided, also, That said claims, nor either of them, cannot now be located, according to the provisions of the fourth section of this act.

Sec. 7. And be it further enacted, That distinct accounts shall be kept of the certificates issued in satisfaction of the claims provided for by this act, and of all expenses attending the execution of the same; and the amount thereof shall be retained and withheld from any distribution to the States.

Sec. 8. And be it further enacted, That nothing in this act contained shall be so construed as to authorize the said commissioners to adjudicate any claim which may be presented by a white man who may have had, or now has, an Indian wife or family; and any patent to land, which shall issue on any Indian claim, under the provisions of the treaty aforesaid, shall be issued to the Indian to whom the claim was allowed, if living, and if dead, to his or her heirs and legal representatives, and act of Congress, or usage, or custom, to the contrary notwithstanding.

Sec. 9. And be it further enacted, That no claim shall be allowed, under the fourteenth article of said treaty, if the said commissioners shall be satisfied, by such proof as they may prescribe, that said claim had been, previous to the expiration of five years from the ratification of said treaty, assigned, either in whole or part; and in case of a partial assignment, or agreement for an assignment thereof, the same shall be allowed so far only as the original Indian claimant was, at that date, the bona fide proprietor thereof.

Sec. 10. And be it further enacted, That all claims under either of the articles of said treaty mentioned above, or the supplemental articles thereof, which shall not be duly presented to said commissioners for allowance within one year after the final passage of this act, shall be thereafter for ever barred.

Approved, August 23, 1842.

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7. Homestead Entry Act, May 20, 1862

Homestead Entry Act, May 20, 1862.
Thirty-Seventh Congress. Sess. II. Ch. 75. 1862

May 20, 1862 Chap. LXXV. - An Act to secure Homesteads to actual Settlers on the Public Domain.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, and who has never borne arms against the United States Government or given aid and comfort to its enemies, shall, from and after the first of January, eighteen hundred and sixty-three, be entitled to enter one quarter section or a less quantity of unappropriated public lands, upon which said person may have filed a preemption claim, or which may, at the time the application is made, be subject to preemption at one dollar and twenty-five cents, or less, per acre; or eighty acres or less of such unappropriated lands, at two dollars and fifty cents per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same shall have been surveyed: Provided, That any person owning and residing on land may, under the provisions of this act, enter other land lying contiguous to his or her said land, which shall not, with the land so already owned and occupied, exceed in the aggregate, one hundred and sixty acres.

Sec. 2. And be it further enacted, That the person applying for the benefit of this act shall, upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register or receiver that he or she is the head of a family, or is twenty-one years or more of age, or shall have performed service in the army or navy of the United States, and that he has never borne arms against the Government of the United States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever; and upon filing the said affidavit with the register or receiver, and on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified: Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry; and if, at the expiration of such time, or at any time within two years thereafter, the person making such entry; or, if he be dead, his widow; or in case of her death, his heirs or devisee; or in the case of a widow making such entry, her heirs or devisee, in the case of her death; shall prove by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid, and shall make affidavit that no part of said land has been alienated, and he has borne true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time a citizen of the United States, shall be entitled to a patent, as in other cases provided for by law: And, provided, further, That in case of the death of both father and mother, leaving an infant child, or children, under twenty-one years of age, the right and fee shall enure to the benefit of said infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children for the time being have their domicil, sell said land for the benefit of said infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States, on payment of the office fees and sum of money herein specified.

Sec. 3. And be it further enacted, That the register of the land office shall note all such applications on the tract books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land Office, together with the proof upon which they have been founded.

Sec. 4. And be it further enacted, That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.

Sec. 5. And be it further enacted, That if, at any time after the filing of the affidavit, as required in the second section of this act, and before the expiration of the five years aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit shall have actually changed his or her residence, or abandoned the said land for more than six months at any time, then and in that event the land so entered shall revert to the government.

Sec. 6. And be it further enacted, That no individual shall be permitted to acquire title to more than one quarter section under the provisions of this act; and that the Commissioner of the General Land Office is hereby required to prepare and issue such rules and regulations, consistent with this act, as shall be necessary and proper to carry its provisions into effect; and that the registers and receivers of the several land offices shall be entitled to receive the same compensation for any lands entered under the provisions of this act that they are now entitled to receive when the same quantity of land is entered with money, one half to be paid by the person making the application at the time of so doing, and the other half on the issue of the certificate by the person to whom it may be issued; but this shall not be construed to enlarge the maximum of compensation now prescribed by law for any register or receiver: Provided, That nothing contained in this act shall be so construed as to impair or interfere in any manner whatever with existing preemption rights: And provided, further, That all persons who may have filed their applications for a preemption right prior to the passage of this act, shall be entitled to all privileges of this act: Provided, further, That no person who has served or may hereafter serve, for period of not less than fourteen days in the army or navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this act of account of not having attained the age of twenty-one years.

Sec. 7. And be it further enacted, That the fifth section of the act entitled "An act in addition to an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes," approved the third of March, in the year eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits, required or authorized by this act.

Sec. 8. And be it further enacted, That nothing in this act shall be so construed as to prevent any person who has availed him or herself of the benefits of the first section of this act, from paying the minimum price, or the price to which the same may have graduated, for the quantity of land so entered at any time before the expiration of the five years, and obtaining a patent therefor from the government, as in other cases provided by law, on making proof of settlement and cultivation as provided by existing laws granting preemption rights.

Approved, May 20, 1862.

This act was amended many times over the years. It was repealed on October 21, 1976, except that the effective date for public lands in Alaska was extended ten years (October 21, 1986).

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Family Maps of Choctaw County, Mississippi (Spiral-bound)

Family Maps of Smith County, Mississippi (Spiral-bound)

Family Maps of LaGrange County, Indiana (Spiral-bound)

Texas Land Survey Maps for Angelina County (Spiral-bound)

Texas Land Survey Maps for Harrison County (Spiral-bound)