Bettie's List: Choctaw & Chickasaw Descendants-Black History Day 7, Treaty of 1830, Treaty of 1837 & Patent Issued In 1842

Monday, February 7, 2022

Choctaw & Chickasaw Descendants-Black History Day 7, Treaty of 1830, Treaty of 1837 & Patent Issued In 1842

Choctaw & Chickasaw Descendants Black History Day 7, #BlackHistory365

Treaty of 1830, Treaty of 1837 & Patent Issued In 1842

1910-HEARINGS before the Committee on Indian Affairs House of Representatives (61-2)

H.R. 192789, H.R. 19552 & H.R. 22830 pp 64 & 65

Argument by Harry J. Cantrell, esq

Treaty of 1830

Article II of the treaty of 1830 conveyed a tract of land situated west of the Mississippi River (and which is the identical land now being allotted in severalty to the members of the Choctaw and Chickasaw nations) as follows:

The United States, under a grant especially to be made by the President of the United States, 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 insure to them while they shall exist as a nation and live on it.

Patent Issued in 1842

The patent issued in 1842, under the above treaty, conveying the land to the Choctaw Nation contained the identical language used in the treaty.

Treaty of 1837

In 1837 a treaty was negotiated by and between the Government of the United States and the Choctaw and Chickasaw nations, under which the Chickasaws acquired equal rights in and to the lands then held by the Choctaw and of the treaty of 1830. Under this treaty the Chickasaws were to hold the land by the same tenure and upon the same terms as the Choctaws.

Subsequent treaties in 1855, 1866, 1902, together with the acts of Congress, taken in the most exclusive sense do not in any way undertake to curtail nor destroy any of the rights hereinabove created in the treaties and laws herein last above cited.

Referring here to class (c) wherein the construction of said commission enrolled children the “descendants” and progeny of Indian fathers and white mothers, the said omission arbitrarily denied and refused enrollment of the children, the “descendants” and progeny of Indian fathers and negro mothers to make application and to be enrolled as freedmen instead of enrolling them under the treaties and laws as the descendants of the Choctaw and Chickasaw nations.

The laws which were enacted for the guidance of said commission on this point are as follows:

(to be continued tomorrow, 8 February 2022)