Page:United States Statutes at Large Volume 7.djvu/463

 TREATY WITH THE CHICKASAWS. 1834. 453 consents to the sale freely, and without compulsion from her husband, who shall at the same time certify that the head of such family is prndent, and competent to care of and manage his affairs; otherwise the proceeds of said sale shall be subject to the provisions and restrictions contained in the fourth article of this agreement. Rights to reservations as are herein, and in other articles of this agreement secured, will purtain to those who have heretofore intermarried with the Chickasaws, and are residents of the nation. Am. VIII. Males and females below the age of twenty-one years, p,,,,,;,;,,,, {0, whose father being dead, the mother again has married, or who have Gfphans, &.c. neither father nor mother, shall each be entitled to half a section of land, but shall not be computed as parts of families under the fifth article, the same to be located under the direction of the Agent, and under the supervision of the Secretary of War, so as not to interfere with any settlement right. These lands may be sold upon arecommendation of a majority of the seven persons, heretofore named in this agreement, setting forth that it will prove advantageous to the parties interested; subject however, to the approval of the President, or such other person as he shall designate. If sold, the funds arising shall be retained, in the possession of the Government, or if the President deem it advisable they shall be invested in stocks for the benefit of the parties interested, if there be a sufficient sum to be invested, (and it can be invested,) until said persons marry or come of age, when the amount shall be paid over to those who are entitled to receive it, provided a majority of the seven persons, with the Agent, shall certify, that in their opinion, it will be to their interest and advantage, then, and in that case, the proceeds shall be paid over to the party or parties entitled to receive them. Am. IX. But, in running the sectional lines, in some cases it will I,,,,,,,-,,,;,,g happen, that the spring and the dwelling house, or the spring and the sectional lines. cleared land, or the cleared land and the dwelling house of settlers, may be separated by sectional lines, whereby manifest inconvenience and injury will be occasioned; it is agreed, that when any of these occurrences arise, the party shall be entitled as parts and portions of his reservations, to the adjoining section or fraction, as the case may be, unless there be some older occupant, claiming a preference; and in that event, the right of the party shall extend no farther than to give to the person, thus affected and injured, so much of his separated property, as will secure the spring; also, where a sectional line shall separate any improvement, dwelling house, kitchen or stable, so much of the section, which contains them, shall be added into the ocupied section, as will secure them to their original owner; and then and in that case, the older ocupant being deprived of preference, shall have his deficiency thus occasioned, made up to him by some fractional section, or after the mode pointed out in the latter part of the fifth article of this treaty. Am-. X. Reservations are admitted to the following persons, in ad- Special reserdition to those which may be claimed under the fifth article of this :’;;*°¤S ¤dm“‘ Treaty to wit: —I*`our sections to their beloved and faithful old Chief ' Levi Colbert; To George Colbert, Martin Colbert, Isaac Alberson, Henry Love and Benj. Love, in consideration of the trouble they have had in coming to Washington, and of the farther trouble hereafter to be encountered in taking care of the interests of their people, unuer the provisions of this treaty, one section of land to each. Also there is a fractional section, between the residence of George Colbert, and the Tennessee river, upon which he has a ferry,1t is therefore consented, that said George Colbert, shall own and have so much of said