The Indian Territory in the Civil War Message Board

Re: Annuities
In Response To: Annuities ()

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Elmer:
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I thought readers may want to have the following pages from the OFFICIAL RECORD that you cited at their fingertips.
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Elmer's Question:
I wondered how Albert Pike brought the annuities with him to I.T. and then loaned a $100,000.00 of it to the Quarter Master. The Treaty with the Confederate States specified that the Confederate Government would continue to pay the annuities the same as they had been paid from the United States Government. Read about it in the O.R., series 4, vol. 1, pages 457 through 463.
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Below is the pp457-463 part of the OR reference, i.e., ORs4vI(S#127)pp445-466, Correspondence #19 dated Dec 20, 1860-Jun 30, 1862 total article.
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ART. XLVI. The official acts of all judicial officers in the said nations shall
have the same effect and be entitled to like faith and credit everywhere, as like acts
of judicial officers of the same grade and jurisdiction in any one of the
Confederate States; and the proceedings of the courts and tribunals of the said
nations, and the copies of the laws and judicial and other records of the said
nations, shall be authenticated like similar proceedings of the courts of the
Confederate States, and the laws and office records of the same, and be entitled to
the like faith and credit.
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ART. XLVII. It is hereby declared and agreed that the institution of slavery in
the said nations is legal, and has existed from time immemorial; that slaves are
taken and deemed to be personal property; that the title to slaves and other
property having its origin in the said nations shall be determined by the laws and
customs thereof; and that the slaves and other personal property of every person
domiciled in said nations shall pass and be distributed at his or her death in
accordance with the laws, usages, and customs of the said nations,
which may be proved like foreign laws, usages, and customs, and shall everywhere
be held valid and binding within the scope of their operation.
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ART. XLVIII. It is further agreed that the Congress of the Confederate States
shall establish and maintain post-offices at the most important places in the
Choctaw and Chickasaw Nations, and cause the mails to be regularly carried, at
reasonable intervals, to and from the same, at the same rate of postage, and in the
same manner as in the Confederate States.
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ART. XLIX. In consideration of the common interests of the Choc-taw and
Chickasaw Nations and the Confederate States, and of the protection and rights
guaranteed to the said nations by this treaty, the said nations hereby agree that they
will raise and furnish a regiment of ten companies of mounted men to serve in the
armies of the Confederate States for twelve months. The company officers of the
regiment shall be elected by the members of each company respectively; the
colonel shall be appointed by the President and the lieutenant-colonel and major
be elected by the members of the regiment. The men shall be armed by the
Confederate States, receive the same pay and allowances as other mounted troops
in the service, and not be marched beyond the limits of the Indian country west of
Arkansas against their consent.
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ART. L. It is further agreed by the Confederate States that neither the Choctaw
nor Chickasaw Nation shall ever be called on or required to pay, in land or
otherwise, any part of the expenses of the present war, or of any war waged by or
against the Confederate States.
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ART. LI. The Choctaw and Chickasaw Nations hereby agree and bind
themselves at any future time to raise and furnish, upon the requisition of the
President, such number of troops for the defense of the Indian country and of the
frontier of the Confederate States as he may fix, not out of fair proportion to the
number of their inhabitants, to be employed for such terms of service as the
President may fix; and such troops shall always receive the same pay and
allowances as other troops of the same class in the service of the Confederate
States.
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ART. LII. It is further agreed that after the restoration of peace the Government
of the Confederate States will defend the frontiers of the Indian country of which
the Choctaw and Chickasaw country is a part, and hold the forts and posts therein
with native troops, recruited among the several Indian nations included, under the
command of officers of the Army of the Confederate States, in preference to other
troops.
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ART. LIII. It is hereby ascertained and agreed by and between the Confederate
States and the Choctaw Nation that the United States of America, of which the
Confederate States were heretofore a part, were, before the separation, indebted,
and still continue to be indebted, to the Choctaw Nation, and bound to the
punctual payment thereof, in the following sums annually, on the first day of July
of each year; that is to say:

Perpetual annuities amounting to $9,000, under the second article of the treaty of
the sixteenth day of November, A.D. one thousand eight hundred and five, and the
second article of the treaty of the twentieth day of January, A.D. one thousand
eight hundred and twenty-five.

The sum of $600 per annum for the support of light horsemen, under the
thirteenth article of the treaty of the eighteenth day of October, A.D. one thousand
eight hundred and twenty.

The sum of $600 per annum, in lieu of the permanent provision for the support
of a blacksmith, and the sum of $320, in lieu of permanent provision for iron and
steel, under the sixth article of the said treaty of the eighteenth day of October,
A.D. one thousand eight hundred and twenty, and the ninth article of the said
treaty of the twentieth day of January, A. D. one thousand eight hundred and
twenty-five.

The annual interest on the sum of $500,000, held in trust for the Choctaw Nation
by the United States, under the thirteenth article of the treaty of the twenty-second
day of June, A.D. one thousand eight hundred and fifty-five, which by that article
was to be held in trust for the said nation and to constitute part of a general
Choctaw fund, yielding an annual interest of not less than 5 per cent. per annum;
and no part thereof has been invested in stocks or bonds of any kind, but remains
in the hands of the United States.

And it is hereby ascertained and agreed between the said Confederate States and
the Choctaw Nation that there was due to the said nation on the first day of July,
A.D. one thousand eight hundred and sixty-one, for and on account of these
annuities, annual payments, and interests, the sum of $35,520; that is to say:
For the permanent annuities and other annual payments and allowances then due,
$10,520.

For interest on the said sum of $500,000 for the year which ended on the
thirtieth day of June, A.D. one thousand eight hundred and sixty-one, $25,000.

And it not being desired by the Confederate States that the Choctaw Nation
should continue to receive these annual sums from the Government of the United
States, or otherwise have any further connection or communication with that
Government and its superintendent and agents, therefore the Confederate States of
America do hereby assume the payment for the future of all the above-recited
annuities, annual payments, and interest, and do agree and bind themselves
regularly and punctually to pay the same to the treasurer of the said nation, or to
such other person or persons as shall be appointed by the general council of the
Choctaw Nation to receive the same; and they do also agree and bind themselves
to pay to the treasurer of the said nation, immediately upon the ratification by all
parties of this treaty, the said sum of $35,520, due on the first day of July of the
present year, as aforesaid.
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ART. LIV. And it is further ascertained and agreed between the Confederate
States and the Choctaw Nation that the United States of America, while the said
several Confederate States were included in the said Union, held, and do continue
to hold, in their hands the sum of $500,000, paid by the Chickasaw Nation to the
United States for the Choctaw Nation under the treaty of the seventeenth day of
January, A.D. one thousand eight hundred and thirty-seven, and which it was
agreed by that treaty should be invested in some safe and secure stocks, under the
direction of the Government of the United States, redeemable within a period of
not less than twenty years, and the interest thereon be annually paid to the
Choctaw Nation and be subject to the entire control of the general council; and
which sum having been invested in bonds or stocks of certain States, part or all
whereof are now members of the Confederate States, it was agreed by the United
States, by the thirteenth article of the treaty of the twenty-second ay of June, A.D.
one thousand eight hundred and fifty-five, that the same should continue to be held
in trust by the United States and constitute, with certain other sums,
a general Choctaw fund, yielding an annual interest of not less than 5 per cent.

And it being further agreed that, in addition to the sums of money above
mentioned, other moneys were justly due and owing from the United States of
America when the Confederate States were parts thereof, and still continue due
and owing and unpaid to the said Choctaw Nation, in part appropriated and in part
unappropriated, by the Congress of the United States under existing treaties:

Therefore, the Confederate States do hereby assume the duty and obligation of
collecting and paying over as trustees to the said Choctaw Nation all sums of
money accruing, whether from interest or capital of the bonds of the several States
of the Confederacy, or of any bonds or stocks guaranteed by either of them, now
held by the Government of the United States in trust for the Choctaw Nation, and
will pay over to the said nation the said interest and capital as the same shall be
collected. And the said Confederate States will request the several States of the
Confederacy whose bonds or stocks, or any bonds or stocks guaranteed by them,
are so held to provide, by legislation or otherwise, that the capital and interest of
such bonds or stocks shall not be paid to the Government of the United States, but
to the Government of the Confederate States in trust for the Choctaw Nation.

And the said Confederate States do hereby guarantee to the Choctaw Nation the
final settlement and full payment upon and after the restoration of peace and the
establishment and recognition of their independence, as of debts in good faith and
conscience, as well as in law, due and owing, on good and valuable consideration,
by the said Confederate States and the other of the United States jointly before the
secession of any of the States, of all sums of money that are so as aforesaid justly
due and owing by the late United States under existing treaties to the Choctaw
Nation or people, for itself or in trust for individuals, and of any sums received by
that Government and now held by it by way of interest on or as part of the capital
of any of the bonds or stocks of any of the States wherein any funds of the
Choctaws had been invested; and do also guarantee to it the final settlement and
full payment at the same period of the capital and interest of all bonds or stocks of
any of the Northern States in which ay of the said Choctaw funds may have been
invested.
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ART. LV. All the said annuities, annual payments, and interest and the
arrearages thereof shall be applied, under the exclusive direction of the general
council of the Choctaw Nation, to the support of their government, to the purposes
of education, and to such other objects, for the promotion and advancement of the
improvement, welfare, and happiness of the Choctaw people and their
descendants, as shall to the general council seem good; and the capital sums of
$500,000 each shall be invested or reinvested, after the restoration of peace, in
stocks of the States, at their market price, and in such as bear the highest rate of
interest, or be paid over to the Choctaw Nation, to be invested by its authorities or
otherwise used, applied, and appropriated, as its Legislature may direct; and the
other moneys due and owing to the said nation, and payment whereof is hereby
guaranteed, shall be used, applied, and appropriated by the Choctaw Nation in
accordance with treaty stipulations, and so as to maintain unimpaird the good faith
of the Choctaw Nation to those for whom it will thus become trustee. And no
department or office of the Government of the Confederate States shall have
power to impose any conditions, limitations, or restrictions on the payment to the
said nation of any of said annual sums or arrearages of the said
capital sums of $500,000 each, or in any wise to control or direct the mode in
which such moneys, when received by the authorities of the nation, shall be
disposed of or expended. Nor shall any appeal lie to any department, bureau, or
officer of the Confederate States from the decision of the general council of the
Choctaw Nation, or of any committee, court, or tribunal to which it may commit
the adjudication, by any person or persons from any decision that may be rendered
under the twelfth article of the treaty of the twenty-second day of June, A.D. one
thousand eight hundred and fifty-five, adverse to the justice and equity of any
claim presented as one of those which, under that article, the Choctaw Nation
became liable and bound to pay; but the adjudication and decision of the
Legislature, or of any committee, court, or tribunal to which it may intrust the
investigation or decision, against any such claim shall be absolutely final.
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ART. LVI. It is hereby ascertained and agreed by and between the Confederate
States and the Chickasaw Nation, that the United States of America, of which the
Confederate States were heretofore a part, were, before the separation, indebted,
and still continue to be indebted, to the Chickasaw Nation, and bound to the
punctual payment thereof, in the following amounts annually, on the first day of
July in each year; that is to say:

Permanent annuity of $3,000 under the act of Congress of the United States,
approved on the ----- day of -----, A.D. one thousand seven hundred and ninety.
The annual interest at 6 per cent. on the sum of $276,781.57, the amount of so
much of the United States 6 per cent. loans in which the funds of the Chickasaw
Nation were invested, under the third and eleventh articles of the treaty of the
twenty-fourth day of May, A.D. one thousand eight hundred and thirty-four.

And the annual interest at 6 per cent. on the further sum of $100,000, the
principal of that amount of Ohio 6 per cent. stock, in which part of the Chickasaw
fund had been invested under the same articles of the same treaties, and which was
paid into the Treasury of the United States on the ninth day of January, A.D. one
thousand eight hundred and fifty-seven, to the credit of the Treasurer of the United
States, and having been duly covered into the Treasury on fourteenth day of
January in that year, there still remains.

And it is also hereby ascertained and agreed between the said Confederate States
and the Chickasaw Nation that there was due to the said nation on the first day of
July, one thousand eight hundred and sixty-one, for and on account of the said
annuity and interest, the sum of $25,606.89.

And it' not being desired by the Confederate States that the Chickasaw Nation
should continue to receive these annual sums from the Government of the United
States, or otherwise have any communication or connection with that Government,
its superintendent, and agents, therefore the Confederate States of America do
hereby assume the payment for the future of the above-recited annuity and interest,
and do agree and bind themselves regularly and punctually to pay the same to the
treasurer of the said nation, or to such other person or persons as shall be
appointed by the Legislature of the Chickasaw Nation to receive the same; and
they do also agree and bind themselves to pay to the treasurer of the said nation,
immediately upon ratification by all parties of this treaty, the sum of
$25,606.89, due on the first day of July of the present year, as aforesaid.
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ART. LVII. Whereas, it was agreed between the United States and the
Chickasaw Nation, by the third article of the treaty made between them on the
twentieth day of October, A.D. one thousand eight hundred and thirty-two, that as
a full compensation to the Chickasaw Nation for the country ceded to the United
States by that treaty the United States would pay over to the said nation all the
moneys arising from the sales of lands so ceded after deducting therefrom the
whole cost and expenses of surveying and selling the lands, including every
expense attending the same;

And whereas, by the eleventh article of the treaty of the twenty-fourth day of
May, A.D. one thousand eight hundred and thirty-four, between the United States
and the Chickasaw Nation, it was agreed that all funds resulting from all entries
and sales of such lands after deduction of the expenses of surveying and selling,
and other advances made by the United States, should, from time to time, be
invested in some secure stocks, redeemable within a period of not more than
twenty years, the interest whereon the United States should cause to be annually
paid to the Chickasaws;

And whereas, by the fifth article of the treaty of the twenty-second day of June,
A.D. one thousand eight hundred and fifty-two, it was agreed between the United
States and the Chickasaw Nation that the United States should continue to hold in
trust the national fund of the Chickasaws and constantly keep the sum invested in
safe and profitable stocks, the interest of which should be annually paid to the
Chickasaw Nation;

And whereas, it is now, by the Confederate States and the Chickasaw Nation,
ascertained and agreed that the following sums, part of the said fund of the
Chickasaws, arising from the sales of their lands, were invested by the United
States, while the Confederate States were part thereof, in bonds and stocks of
certain of the States, in manner following, that is to say:

In the 5 per cent. stock of the State of Indiana, $210,000;
In 6 per cent. stock of the State of Maryland, $14,499.75;
In 6 per cent. stock of the State of Tennessee, $170,666.66;
In 6 per cent. stock of the State of Arkansas, $90,000, on which no interest has
been paid since the 1st day of July, A.D. 1842;
In 6 per cent. stock of the State of Illinois, $17,000;
In 6 per cent. stock of the Richmond and Danville Railroad, guaranteed by the
State of Virginia, $100,000;
And in 6 per cent. stock of the Nashville and Chattanooga Railroad, guaranteed
by the State of Tennessee, $512,000;

And it being claimed by the Chickasaws that all the moneys received by the
United States from the sales of their lands, after deduction of proper disbursements
out thereof, have not been invested, that they have been charged with losses and
expenses which should properly have been borne by the United States, and that in
many cases moneys held in trust by the United States for the benefit of the orphan
and incompetent Chickasaws had been wrongfully paid out to persons having no
right to receive the same; in consequence of which complaints, then as now made,
it was agreed by the fourth article of the treaty between the same parties, of the
twenty-second day of June, A.D. one thousand eight hundred and fifty-two, that an
account should be stated as soon thereafter as practicable, under the
direction of the Secretary of the Interior, exhibiting in detail all the moneys that
had from time to time been placed in the Treasury to the credit of the Chickasaw
Nation, resulting from the said treaties of the years 1832 and 1834, and all the
disbursements made therefrom; and that to the account so stated the Chickasaws
should be entitled to take exceptions, which should be referred to the Secretary of
the Interior, who should adjudicate the same according to the principles of law and
equity, and his decision should be final; and it was also, by the same article,
agreed that the cases of wrongfully made payments should be investigated by the
Congress of the United States, under the direction of the Secretary of the Interior,
and if any person had been defrauded by such payments, the United States should
account for the amounts so misapplied as if no such payment had been made:

Therefore, the Confederate States do hereby assume the duty and obligation of
collecting and paying over as trustees to the said Chickasaw Nation, at par, and
dollar for dollar, all sums of money accruing, whether from interest or capital of
the said bonds or stocks of the said States of the Confederacy, or of stocks
guaranteed by them, so held by the Government of the United States in trust for
the Chick-asaw Nation, and will pay over to the said nation the said interest and
capital as the same shall be collected. And the said Confederate States shall
request those States to provide, by legislation or otherwise, that the capital and
interest of such bonds or stocks shall not be paid to the Government of the United
States, but to the Government of the Confederate States in trust for the Chickasaw
Nation.

And the said Confederate States do hereby guarantee to the said Chickasaw
Nation the final settlement and full payment, upon and after the restoration of
peace and the establishment of their independence, as of debts of good faith and
conscience, as in law due and owing, on good and valuable consideration, by the
said Confederate States and the other of the United States jointly before the
secession of any of the States, of all sums of money received by that Government
from the sales of the Chickasaw lands or otherwise however, in trust for the
Chickasaw nation or individuals thereof, and which remain uninvested, or which it
expended in unwarranted disbursements or in the payment of charges or expenses
not properly chargeable to the Chickasaws; for the ascertainment whereof such
account shall be taken, after the restoration of peace, by or under the direction of
the Commissioner of Indian Affairs, as was directed by the fourth article of the
treaty of the twenty-second day of June, A.D. one thousand eight hudred and fifty-
two, and in accordance with the legal rules of stating accounts of trust funds and
investments.

And the Confederate States also hereby guarantee to the Chickasaw Nation the
final settlement and full payment, at the same period, of all moneys belonging to
orphans or incompetent persons, or to other Chickasaws, and wrongfully paid by
the United States to persons unauthorized to receive them, and for that reason, or
for any other, not yet paid to the proper persons, under the same fourth article of
the treaty last mentioned, as qualified and limited by the proviso added thereto by
way of amendment, or under Article X of the said treaty; which cases shall be
investigated by the Commissioner of Indian Affairs or by the agent under his
direction.

And they also guarantee to it the final settlement and full payment, after the
same period, of the said sums invested in U.S. stocks, and the said sum of
$100,000, so covered into the Treasury on the fourteenth day of
January, A.D. one thousand eight hundred and fifty-seven, and of any other sums
received by that Government and now held by it by way of interest on or as part of
the capital of any of the bonds or stocks of any of the States wherein any funds of
the Chickasaws had been invested; and they do also guarantee to it the final
settlement and full payment, at the same period, of the capital and interest of all
bonds or stocks of any of the Northern States in which any of said Chickasaw
funds have been invested.
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ART. LVIII. It is further hereby agreed that the said annuity, interest, and
arrearages hereby assumed and agreed to be paid by the Confederate States shall
be applied, under the exclusive direction of the Legislature of the Chickasaw
Nation, to the support of their government, to purposes of education, and to such
other objects for the promotion and advancement of the improvement, welfare,
and happiness of the Chickasaw people and their descendants as shall to the
Legislature seem good; and the capital in full of all the said bonds and stocks of
States, corporations, and the principal of moneys due by the United States shall be
invested or reinvested, after the restoration of peace, in stocks of the States, at
their market price, and in such as bear the highest rate of interest, or be paid over
to the Chickasaw Nation to be invested by its authorities, or otherwise used,
applied, and appropriated as its Legislature may direct, without any control or
interference on the part of any department, bureau, or offcer of the Confederate
States.
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ART. LIX. It is hereby further agreed that no claim or account shall hereafter be
paid by the Government of the Confederate States out of the Chickasaw funds,
unless the same shall have first been considered and allowed by the Chickasaw
Legislature.
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ART. LX. Whereas, by the first article of the treaty between the United States of
America and the Choctaw and Chickasaw Nations, on the twenty-second day of
June, A.D. one thousand eight hundred and fifty-five, it was provided that the
boundary of the Choctaw and Chickasaw country should begin "at a point on the
Arkansas River 100 paces east of old Fort Smith, where the western boundary of
the State of Arkansas crosses the said river," and run thence "due south to Red
River," which also was the line of boundary fixed by the treaties of the twentieth
day of January, A. D. one thousand eight hundred and twenty-five, and the twenty-
seventh day of September, A.D. one thousand eight hundred and thirty;

And whereas, when the said line was originally run between the State of
Arkansas and the Choctaw Nation it was erroneously run to the westward of a due
south line from that point of beginning on the Arkansas River;

And whereas, when the said line was again run by the United States, after the
making of the said treaty of the twenty-second day of June, A. D. one thousand
eight hundred and fifty-five, it was arbitrarily ordered by the Secretary of the
Interior, in violation of the said treaties, that the said line should not be run due
south in accordance therewith, but that the old erroneous lines should in lieu
thereof be retraced, and the same was accordingly done, thus leaving within the
limits of the State of Arkansas a strip of country belonging to the Choctaw and
Chickasaw Nations in the shape of a triangle, having Red River for its base;
And whereas, all the lands contained therein that are of any value were sold or
granted by the United States, and are chiefly held and have been improved by
private individuals:
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Patti, prochette@Juno.com
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