to the C. S. Proviso. Cession of land to be selected by the President of the Confederate States, at such points as he may deem most proper, including, if he pleases, the present site of the agency in each nation, is hereby ceded to the Confederate States; and when selected shall be within their sole and exclusive jurisdiction: Provided, That whenever the agency for either nation shall be discontined, the tract so selected therein shall revert to the said Choctaw and ChickaFurther proviso. saw Nations, with all the buildings that may then be thereon: And provided, also, That the President may, at any time, in his discretion, select in lieu of either said reserves, any unoccupied tract of land in the same nation, and in any other part thereof, not greater in extent than two sections, as a site for the agency for such nation, which shall, in such case, constitute the reserve, and that first selected shall thereupon revert to the Choctaw and Chickasaw Nations. Forts and mili taken for public use. ARTICLE XVII. The Confederate States shall have the right to build, tary posts, and establish and maintain such forts and military posts, temporary or permanent, military and postroads. and such military and post-roads as the President may deem necessary within the Choctaw and Chickasaw country; and the quantity of one mile square of land, including each fort or post, shall be reserved to the Confederate States, and within their sole and exclusive jurisdiction, so long as such fort or post is occupied; but no greater quantity of land beyond one mile square shall be used or occupied, nor any greater quantity of timber Compensation for felled than of each is actually requisite; and if, in the establishment of private property such fort, post or road, or of the agency, the property of any individual member of the Choctaw or Chickasaw Nation, or any property of either nation, other than land, timber, stone and earth, be taken, destroyed or injured. just and adequate compensation shall be made by the Confederate States, ARTICLE XVIII. The Confederate States, or any company incorporated railroads and tele- by them, or any one of them, shall have the right of way, for railroads or telegraph lines, through the Choctaw and Chickasaw country; but in the case of any incorporated company, it shall have such right of way only upon such terms and payment of such amount to the Choctaw and Chickasaw Nations, as may be agreed on between it and the National Councils thereof; or, in case of disagreement, by making full compensation not only to individual parties injured, but also to the nation for the right of way; all damage and injury done to be ascertained and determined in such manner as the President of the Confederate States shall direct. And the right of way granted by said nations for any railroad, shall be perpetual, or for such shorter term as the same may be granted, in the same manner as if no reversion of their lands to the Confederate States were provided for in case of abandonment by them, or extinction of their nation. Right of way for tain limits. No person to set- ARTICLE XIX. No persons shall settle, farm or raise stock within the tle, farm or raise limits of any post or fort or of either agency, except such as are or may stock within cer- be in the employment of the Confederate States, in some civil or military capacity; or such as, being ubject to the jurisdiction and laws of the Choctaw or Chickasaw Nation, are permitted by the commanding officer of the fort or post to do so thereat, or by the agent to do so, upon the agency reserve. Appointment of ARTICLE XX. An agent of the Confederate States, for the Choctaw and agent and interpre- Chickasaw Nations, and an interpreter for each shall continue to be ters. Where to appointed. The interpreters shall reside at their respective agencies; and the agent at one of them or alternately at each. And whenever a vacancy shall occur in either of the said offices, the authorities of the nation shall be consulted as to the person to be appointed to fill the same, and no one shall be appointed against whom they protest, and the agent may be removed, on petition and formal charges preferred by the constituted authorities of the nation, the President being satisfied, upon full investigation, that there is sufficient cause for such removal. reside. Vacancy in said offices, how filled. AICLE XXI. The Confederate States shall protect the Choctaws and Protection from Chicksaws from domestic strife, from hostile invasion, and from aggression domestic strife, invasion and aggresby other Indians and white persons, not subject to the jurisdiction and sion. laws of the Choctaw or Chickasaw Nation; and for all injuries resulting from such invasion or aggression, full indemnity is hereby guaranteed to the party or parties injured, out of the Treasury of the Confederate States, upon the same principle and according to the same rules upon which white persons are entitled to indemnity for injuries or aggressions upon them committed by Indians. ARTICLE XXII. It is further agreed between the parties that the agent Preven ion of inof the Confederate States upon the application of the authorities of the trusion, and removal of dangerous Choctaw and Chickasaw Nations will not only resort to every proper legal and improper perremedy, at the expense of the Confederate States, to prevent intrusion sons. upon the lands of the Choctaws and Chickasaws, and to remove dangerous or improper persons, but he shall call upon the military power, if necessary, and to that end all commanders of military posts in the said country shall be required and directed to afford him, upon his requisition, whatever aid may be necessary to effect the purposes of this article. covery of property S. ARTICLE XXIII. If any property of any Choctaws or Chickasaws be Remedy for retaken by citizens of the Confederate States, by stealth or force, the agent, carried off by on complaint made to him in due form, by affidavit, shall use all proper stealth or force by legal means and remedies, in any State where the offender may be found, citizens of the C. to regain the property or compel a just remuneration, and, on failure to procure redress, payment shall be made for the loss sustained, by the Confederate States, upon the report of the agent, who shall have power to take testimony and examine witnesses in regard to the wrong done and the extent of the injury. and Chickasaws. Tax on traders. ARTICLE XXIV. No person shall be licensed to trade with the Choctaws License to trade and Chickasaws, except by the agent, and with the advice and consent of with the Choctaws the National Council. Every such trader shall execute bond to the Confederate States, in such form and manner as was required by the United States, or as may be required by the Bureau of Indian Affairs. The authorities of the Choctaw and Chickasaw Nations may, by a general law, duly enacted, levy and collect on all licensed traders in the nation a tax of not more than one-half of one per cent. on all goods, wares and merchandize brought by them into the Choctaw and Chickasaw country for sale, to be collected whenever such goods, wares and merchandize are introduced, and estimated upon the first cost of the same at the place of purchase, as the same shall be shown by the copies of the invoices filed with the agent: Provided, That no higher tax shall be levied and collected than is actually levied and collected in the same year of native traders in the nation; nor shall one be taxed at all unless the others are. Proviso. No appeal shall hereafter lie from the decision of the agent Appeal from de-' or council, refusing a license, to the Commissioner of Indian Affairs, cision refusing or elsewhere, except only to the Superintendent, in case of refusal license. by the agent. And no license shall be required to authorize any When license not member of the Choctaw or Chickasaw Nation, who is by birth and blood required. an Indian, to trade in the Choctaw and Chickasaw country; nor to authorize any person to sell flour, meat, fruits and other provisions, or stock, wagons, agricultural implements, or arms brought from any of the Confederate States into the country; nor shall any tax be levied upon such articles or the proceeds of sale thereof. And all other goods, wares and merchandize exposed to sale by a person not qualified, without a license, by a person not qualified, forfeited. shall be forfeited, and be delivered and given to the authorities of the nation, as also shall all wines and liquors illegally introduced. Goods, &c., sold Restrictions on the right to sell ARTICLE XXV. All restrictions contained in any treaty made with the United States, or created by any law or regulation of the United States, and dispose of per moved. gonal property, re- upon the unlimited right of any member of the Choctaw or Chickaw Nation to sell and dispose of, to any person whatever, any chattel or other article of personal property, are hereby removed; and no such restrictions shall hereafter be imposed, except by their own legislation. Purchase or ARTICLE XXVI. It is hereby further agreed by the Confederate States, descent of lands. that all the members of the Choctaw and Chickasaw Nations, as hereinbefore defined, shall be henceforward competent to take, hold and pass, by purchase or descent, lands in any of the Confederate States, heretofore or hereafter acquired by them. sentatives of the to serve. Delegate to the ARTICLE XXVII. In order to enable the Choctaw and Chickasaw House of R Pre Nations to claim their rights and secure their interests without intervention C. S. How long of agents or counsel, and as they are now entitled to reside in the country of each other, they shall be jointly entitled to a delegate to the Horse of Representatives of the Confederate Bates of America, who shall serve for the term of two years, and be a member, by birth or blood, on either the father's or mother's side, of one of said nations, over twenty-one pezs of age, and laboring under no legal disability by the laws of either nation; and such delegate shall be entitled to the same rights and privileges as may be enjoyed by delegate from any Territory of the Confederate Site, First election of The first election for celegate shail be held at such time and places, and delegate. Le conducted in such manner as shall be prescribed by the agent of the Confederate States, to whom returns of such election shall be made, and he shall declare the person having the greatest number of votes to be only elected, and give him a certificate of election accordingly, which Subsequent elec- shall entitle him to his seat. For all subsequent elections, the times, places and manner of holding them, ascertaining and certifying the result Delegates to be shall be prescribed by law of the Confederate States. The delegates call elected alternately be elected alternately from each nation, the first being a Choctaw, by trom each on. blood, on either the father's or mother's side, and resident in the Choctaw tions. Who eligible. Admission of the country; and the second a Chickasaw, by blood, on either the father's or mother's side, and resident in the Chickasaw country, and so on alternately. At the respective elections, such persons only as fulfill the foregoing requiisites shall be eligible, and when one is elected to fill a vacancy and serve out an unexpired term, be must belong to, and be resident in, the same nation as the person whose vacancy Le fills. ARTICLE XXVIII. In consideration of the uniform loyalty and good Choctaw and faith, and the tried friendship for the people of the Confederate States, of Chickasaw country the Choctaw and Chickasaw people, and of their fitness and capacity for racy as one of the self-government, proven by the establishment and successful mainten⚫ece, into the Confede C. S. Proviso. by each, of a regularly organized republican government, with all the forms and safe-guards to which the people of the Confederate Staics are accustomed, it is hereby agreed by the Confederate States, that whenever and so soon as the people or each of said nations shall, by ordinance of a convention of delegates, duly elected by majorities of the legal voters, at an election regularly held after due and ample notice, in pursuance of su act of the Legislature of each, respectively, declate its desire to become a State of the Confederacy, the whole Choctaw and Chickasa y country, as above defined, shall be received and admitted into the Confederacy as one of the Confederate States, on equal terms, in all respects, with the original States, without regard to population; and all the members of the Choctaw and Chickasaw Nations shall thereby become citizens of the Confederate States, not including, however, among such members, the individuals of the bands settled in the leased district aforesaid. Provided, That, as a condi. tion precedent to such admission, the said nations shall provide for the survey of their lands, the holding in severalty of parts thereof by their people, the dedication of at least one section in every thirty-six to purposes of education, and the sale of such portions as are not reserved for these, or other special purposes, to citizens of the Confederate States alone, on such terms as the said nation shall see fit to fix, not intended or calculated to prevent the sale thereof. stag and how distributed. ARTICLE XXIX. The proceeds of such sales shall belong entirely to Proceeds of sale members of the Choctaw and Chickasaw Nations, and be distributed of lands; to whom among them or invested for them in proportion to the whole population of the each, such manner as the Legislatures of said nations shall provide; no. 4" any other persons ever have any interest in the annuities or funds of eith the Choctaw or Chickasaw people, nor any power to legislate in reg the eto. Country of the Crecks and Semi noles and the Cherokees may become Indians of other nations may settle in the lasds of the Choctaws and ARTICLE XXX. Whenever the desire of the Creek and Seminole people and the Cherokees to become a part of the said State shall be expressed, in the manner and with the same formalities, as is above provided for in the case of the Choctaw and Chickasaw people, the country of the an integral part of Creeks and Seminoles, and that of the Cherokees, respectively, or either suid State.. by itself, may be annexed to and become an integral part of said State, upon the same conditions and terms, and with the same rights to the people of each, in regard to citizenship and the proceeds of their lands. ACICLE XXXI. The Choctaw and chickasaw Nations may, by joint act of their legislative authorities, receive and incorporate in either nation as members thereof, or permit to settle and reside upon the national lands, such Inns of any other nation or tribe as to them may seem good ; and each nation alone shall determine who are members and citizens of the nation on itled to vote at elections and share in annuities: Provided, That consnd share when persons of another nation or tribe shall once have been received as members of either nation, they shall not be disfranchised or subjected to any other restrictions upon the right of voting than such as shall apply to the Choctaws or Chickasaws themselves. But no Indians, other than Choctaws and Chickasaws, not settled in the Choctaw and Chickasaw country, shall be permitted to come therein to reside, without the consent and permission of the legislative authority of each nation. nati AICLE XXXII. If any citizen of the Confederate States, or any other person not being permitted to do so by the authorities of either of said authorised by the terms of this treaty, shall attempt to settle sands of said nation, he shall forfeit the protection of the ConStates, and such punishment may be inflicted upon him, not ', unusual or excessive, as may have been previously prescribed of said nation. upo fel bein by 1 sha' thei Cd-Laxaws. Who to v ta at 'n ant.unisies. revi-o. Punishment of persons for settling 011 their land s wi hout authority. ...t to pason their i V given to their y and drive stock through the XXXIII. No citizen or inhabitant of the Confederate States e stock on the lands of the Choctaw or Chickasaw Nation; but **** ens shall be at liberty at all times, and whether for business or plex beareably to travel the Choctaw and Chickasaw country, to drive tr the stk through the same, and to halt such reasonable time, on the war, " may be necessary to recruit their stock, such delay being in good same. that purpose and for no other; and members of the Choctaw and Chi saw Nations shall have the same rights and privileges under the same and no other restrictions and limitations in each of the Confederate States. faith Unfit persons ARTICLE XXXIV. If any person hired or employed by the agent, or by any other person whatever, within the agency reserve, or any post or employed within fort, shall violate the laws of the nation in such manner as to become the agency reserve may be removed. an unfit person to continue in the Choctaw or Chickasaw country, he or she shall be removed by the superintendent, upon the application of the Executive of the nation in which such person is, the superintendent being satisfied of the truth and sufficiency of the charges preferred. ARTICLE XXXV. The officers and people of the Choctaw and Chick- Rights, priviasaw Nations, respectively, shall, at all times, have the right of safe- leges and immuni saws respectively. Proviso. ties of the Choc- conduct and free passage through the lands of each other; and the taws and Chicka- members of each nation shall have the right freely, and without seeking license or permission, to settle within the country of the other, and shall, thereupon, be entitled to all the rights, privileges and immunities of members thereof, including the right of voting at all elections and of being deemed qualified to hold all offices whatever; except that no Choctaw shall be eligible in the Chickasaw Nation to the office of Chief Executive or to the Legislature: And provided, also, That no member of either nation shall be entitled to participate in any funds belonging to the other. Members of each nation shall have the right to institute and prosecute suits in the courts of the other, under such regulations as may, from time to time, be prescribed by their respective Legislatures. ARTICLE XXXVI. Any person duly charged with a criminal offence gitives from jus- against the laws of either the Choctaw or Chickasaw Nation, and escaping into the jurisdiction of the other, shall be promptly surrendered upon the demand of the proper authority of the nation within whose jurisdiction the offence shall be alleged to have been committed. Surrender of fu tice. ARTICLE XXXVII. The Choctaw and Chickasaw Nations shall promptly deliver up all persons accused of any crime against the laws of the Confederate States, or any State there f, who may be found within their limits, on the demand or requisition of the Executive of a State, or the Executive or other proper officer of the Confederate States; and each of the Confederate States shall, on the like denrand or requisition of the Executive of the Choctaw and Chickasaw Nation, promptly deliver up all persons accused of any crime against the laws of such Nation, who may be found within their limits. Choctaw and ARTICLE XXXVIII. In order to secure the due enforcement of so Chickasaw coun- much of the laws of the Confederate States in regard to criminal try erected into a offences and misdemeanors as is or may be in force in the said Choctaw judicial e reuit. and Chickasaw country, and to prevent the Choctaws and Chickasaws from being further harassed by judicial proceedings had in foreign courts and before juries not of the vicinage, the said country is hereby erected into and constituted a judicial district of the Confede rate States to be called the Tush-ca-hom-ma District, for the special District court purposes and jurisdiction hereinafter provided; and there shall be for such district, created and semi-annually held, within such district, at Boggy Depot, a where to be held. district court of the Confederate States, with the powers of a circuit court, so far as the same shall be necessary to carry out the provisions of Jurisdiction co- this treaty, and with jurisdiction co-extensive with the limits of such extensive with district, in such matters, civil and criminal, to such extent and between limits of the dis- such parties as may be prescribed by law, and in conformity to the terms of this treaty. trict. Laws declare d to be in force. ARTICLE XXXIX. In addition to so much and such parts of the acts of Congress of the United States enacted to regulate trade and intercourse with Indian tribes, and to preserve peace on the frontiers, as have been re-enacted and continued in force by the Confederate States, and as are not inconsistent with the provisions of this treaty, so much of the laws of the Confederate States, as provides for the punishment of crimes amounting to felony at common law or by statute, against the laws, authority or treaties of the Confederate States, and over which the courts of the Confederate States have jurisdiction, including the counterfeiting the coin of the United States or of the Confederate States, or the securities of the Confederate .States, and so much of said laws as provides for punishing violators of the neutrality laws, and resistance to the process of the Confederate States, and all the acts of the Provisional Congress, providing for the common defence and welfare, so far as the same are not locally inapplicable, shall hereafter be in force in the Choc |