TREATY WITH THE CHICKASAWS. JUNE 22, 1852. 975 principles of law and equity, and his decision shall be final and conclusive on all concerned. It is also alleged by the Chickasaws that there are numerous eases in which moneys held in trust by the United States for the benefit oforphan and incompetent Chickasaws, have been wrongfully paid out to persons having no right to receive the same. It is therefore further agreed, that all such cases shall be investigated by the Agent of the United States under the direction of the Secretary of the Interior. And if it shall appear to the satisfaction of said Secretary, that any of the orphans and incompetents have been defrauded by such wrongful payment, the amount thus misapplied shall be accounted for by the United States, as if no such payment had been made.* Anrxctn 5. The Chickasaws are desirous that the whole amount of Gh*<>k¤S¤W T¤3¤<l their national fund shall remain with the United States, in trust for the lgu:Q_° hm m benefit of their people, and that the same shall on no account be diminished. It is, therefore, agreed that the United States shall continue to hold said fund, in trust, as aforesaid, and shall constantly keep the same invested in safe and profitable stocks, the interest upon which shall be annually paid to the Chickasaw nation: Provided, That so much of said Pmviso. fund as the Chickasaws may require for the purpose of enabling them to effect the permanent settlement of their tribe as contemplated by the treaty of 1834, shall be subject to the control of their General Council. Anrxonu 6. The powers and duties conferred on certain persons par- Vol. vii.p. 451. ticularly mentioned in the 4th article of the treaty of 1834, and their successors in office, shall hereafter be vested in and performed by the General Council of the Chickasaws, or such officers as may be by said Council appointed for that purpose; and no certificate or deed given or executed by the persons aforesaid, from which the approval of the President of the United States has once been withheld, shall be hereafter approved unless the same shall first receive the sanction of the Chickasaw Council, or the officers appointed as aforesaid, and of the agent of the United States for said Chickasaw nation. ARTICLE 7. No claim or account shall hereafter be paid by the Go- of vernment of the United States out of the Chickasaw fund, unless the gums ,·m,.;cwd_ same shall have first been considered and allowed by the Chickasaw _ _ General Council: Provided, however, That this clause shall not atfect 1"°"‘°‘ payments upon claimsundcr existing contracts made by the authority of the Chickasaw General Council, or interfere with the due administration of the acts of Congress, regulating trade and intercourse with the Indian tribes. ARTIGLE 8. It is further agreed, that regular semiannual accounts A¤¤¢¤¤¤· of the receipts and disbursements of the Chickasaw fund shall be furnished the Chickasaw Council by the Government of the United States. ARTICLE 9. The sum of fifteen hundred dollars shall be paid the Expenses <>f¢h¤ Chickasaw nation, in full of expenses incurred by their commissioners in "°“°Y‘ negotiating this treatyfr In witness whereof the contracting parties have hereto set their hands and seals, the day and year above written. KENTON HARPER, Commissioner for the United States. [sen,.] EDMUND PICKENS, his x mark [snztr.] BENJAMIN S. LOVE, [SEAL.] SAMPSON FOLSOM, [sent.] Oommissiozzers for the Ohickasaws.
- 6 See Proviso added in amendment, post, p. 976.
T See Art. 10 added in amendment post p. 976.
