taw and Chickasaw country, and the said district court shall have exclusive jurisdiction to try, condemn and punish offenders against any such laws, to adjudge and pronounce sentence, and cause execution thereof to be done in the same manner as is done in any other district courts of the Confederate States.

trict court.

ARTICLE XL. The said district court of the Confederate States of Admiralty jurisAmerica, for the district of Tush-ca-hom-ma shall also have the same diction of the disadmiralty jurisdiction as other district courts of the Confederate States; and jurisdiction in all civil suits for fines, penalties and forfeitures of the Confederate States against any person or persons whatever residing or found within the district; and in all civil suits at law or in equity, when the matter in controversy is of greater value than five hundred civil cases. dollars, between a citizen or citizens of any State or States of the Confederate States, or any Territory of the same, or an alien or aliens and a citizen or citizens of the said district, or person or persons, residing therein; and the Confederate States will, by suitable enactments, pro

Jurisdiction in

vide for the appointment of a Judge and other proper officers of the Appointment of said court, and make all necessary enactments and regulations for the judge and other complete establishment and organization of the same, and to give full oficers of the effect to its proceedings and jurisdiction.

court.

Trial of felonies

tain Indians

ARTICLE XLI. The trial of all offences, amounting to felony at common law or by statute, committed by an Indian of any one of the tribes committed by ceror bands settled in the leased district aforesaid, against the person or against Choctaws property of a member of the Choctaw or Chickasaw Nation, or by one or Chickasaws, and of the latter against the person or property of one of the former, shall be vice versa, had in the district court of the Confederate States hereby provided for; and, until such court is established, in the district court of the Confederate States for the district, or for the western district of Arkansas.

tion in cases where

ARTICLE XLII. The district court shall have no jurisdiction to try. The court to and punish any person for any offence committed prior to the day of the bave no jurisdiosigning of this treaty; nor shall any action in law or equity be main- the offence was tained therein except by the Confederate States or one of them, committed, or the where the cause of action shall have accrued more than three years be- cause of action noerued prior to the fore the same day of the signing hereof, or before the bringing of the signing of this suit. treaty.

Choctaws or com

petent as witnesses

ARTICLE XLIII. All persons who are members of the Choctaw or Chickasaw Nation, and are not otherwise disqualified or disabled, shall Chickasaws hereafter be competent witnesses, in all civil and criminal suits and proceedings in any court in the Confederate States, or any one of the States, any law to the contrary notwithstanding.

When indicted

C. S or Stute court

ARTICLE XLIV. Whenever any person, who is a member of the Choctaw or Chickasaw Nation, shall be indicted for any offence in any in any court of the court of the Confederate States, including the district court of the entitled to procesa Tush-ca-hom-ma district, or in a State court, he shall be entitled, as of for witnesses. common right, to subpoena, and, if necessary, compulsory process for all such witnesses in his behalf as his counsel may think material for his defence; and the costs of process for such witnesses, and of service Costs of process thereof, and the fees and mileage of such witnesses, shall be paid by the and foes and milsConfederate States, being afterwards made, if practicable, in case of ago of witnesses. conviction, out of the property of the accused. And whenever the When accus o d accused is not able to employ counsel, the court shall assign him one may be assigned experienced counsel for his defence, who shall be paid by the Confederate States a reasonable compensation for his services, to be fixed by the court, and paid upon the certificate of the judge.

counsel.

Rendition of fu

ARTICLE XLV. The provisions of ali such acts of Congress of the Confederate States as may now be in force or as may hereafter be enacted, gitive slaves. for the purpose of carrying into effect the provision of the Constitution

Goers.

in regard to the re-delivery or return of fugitive slaves or fugitives from labor and service, shall extend to and be in full force within the said Choctaw and Chickasaw Nations; and shall also apply to all cases of escape of fugitive slaves from the Choctaw and Chickasaw Nations, into any any other Indian nation, or into one of the Confederate States, the obligation upon each such nation or State to re-deliver such slaves being in every case as complete as if they had escaped from another State, and the mode of procedure the same.

Faith and credit ARTICLE XLVI. The official acts of all judicial officers in the said given to official acts of judicial of 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 juris Authentication diction in any one of the Confederate States; and the proceedings of of records, laws, 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.

&o.

toms in regard to

binding.

Existing laws, ARTICLE XLVII. It is hereby declared and agreed that the instituasages and cus- tion of slavery in the said nations is legal and has existed from time lavory, declared 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 custums 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.

Post-offices.

nish a regiment to

of the C. S.

ARTICLE 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 sames rate of postage and in the same manner as in the Confederate States.

Choctaws and ARTICLE XLIX. In consideration of the common interests of the Chickasaws to fur- Choctaw and Chickasaw Nations and the Confederate States, and of the rve in the army 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 Pay and allow- 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.

366.

To raz no part of expanes of the

ture war.

ARTICLE L. It is further agreed by the Confederate States, that print or any fu- 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. Traps for the ARTICLE LI. The Choctaw and Chickasaw Nations hereby agree and defence of the Inbind themselves at any future time to raise and furnish, upon the dian country and frontier of the C. S. requisition of the President, such number of troops for the defence 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 Pay and allow-such troops shall always receive the same pay and allowances as other troops of the same class in the service of the Confederate States.

ARTICLE LII. It is further agreed, that after the restoration of peace,

C. S. to defend

the r ntiers of the I dian country,

and among posts.

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 for's and hold the forts and posts therein with native troops, recruited the several Indian Nations included, under the command of officers of the army of the Confederate States in preference to other troops. ARTICLE LIII. It is hereby ascertained and agreed by and between Deb's due by the the Confederate States and the Choctaw Nation, that the United States U. S. to the Chocof 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:

taw Nations:

Perpetual annuities amounting to nine thousand dollars; under the for perpetual second article of the treaty of the sixteenth day of November, A. D., annuities; 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 six hundred dollars 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 hundr d and twenty.

for the support of light horsemen;

and in lieu of pro

The sum of six hundred dollars per annum in lieu of the permanent for the support provision for the support of a blacksmith, and the sum of three hundred of a blacksmith, and twenty dollars, in lieu of permanent provision for iron and steel, vision for iron and under the sixth article of the said treaty of the eighteenth day of October, steel; 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 five hundred thousand dollars, 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 five 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.

for annual interest on $500,000 held in trust.

on account of these

And it is hereby ascertained and agreed between the said Confederate Sum due the States and the Choctaw Nation that there was due to the said nation, Choctaw Nation on the first day of July, A. D., one thousand eight hundred and sixty- annuities, annual one, for, and on account of these annuities, annual payments and interests, payments and inthe sum of thirty-five thousand five hundred and twenty dollars, that is torosis.

to say:

For the permanent annuities and other annual payments and allowances then due, ten thousand five hundred and twenty dollars.

For interest on the said sum of five hundred thousand dollars, for the year which ended on the thirtieth day of June, A. D., one thousand eight hundred and sixty-one, twenty-five thousand dollars.

of the above reci

And it not being desired by the Confederate States that the Choctaw The C. S. asNation should continue to receive these annual sums from the govern- sume the payment ment of the United States, or otherwise have any further connection or ted annuities, ancommunication with that government and its superintendent and agents; nual payments and therefore, the Confederate States of America do hereby assume the pay- interests. ment 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

General Choctaw

themselves to pay to the treasurer of the said nation, immediately upon the ratification by all parties of this treaty, the said sum of thirty-five thousand five hundred and twenty dollars due on the first day of July of the present year, as aforesaid.

ARTICLE LIV. And it is further ascertained and agreed, between the ni held in trust Confederate States and the Choctaw Nation, that the United States of the U. S. 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 five hundred thousand dollars, 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 thirtyseven, 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 thercon 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 day 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 five per cent.

Other moneys

m the U. 8. 10

And it being further agreed that, in addition to the sums of money ne and owing above mentioned, other moneys were justly due and owing from, the aceta Natios. 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;

The C. F. assume

d paying over,

e on the bonds

Therefore the Confederate States do hereby assume the duty and oblie duty and obligation of collecting and paying over as trustees, to the said Choctaw tion of fcollecting Nation all sums of money accruing, whether from interest or capital of trustees, to the the bonds of the several States of the Confederacy, or of any bonds or aoctaw Nation, stocks guaranteed by either of them, now held by the government of the sums of money United States in trust for the Choctaw Nation, and will pay over to the the several said nation the said interest and capital as the same shall be collected. ates of this Con- And the said Confederate States will request the several States of the deracy held in Confederacy whose bonds or stocks, or any bonds or stocks guaranteed the said nation. 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.

ast by th U. S.

octaw Nation,

storation of

200.

Full payment of And the said Confederate States do hereby guarantee to the Choctaw d bts due by Nation, the final settlement and full payment upon and after the restolate U. S to the ration of peace, and the establishment and recognition of their indepenaranteed by the dence, as of debts, in good faith and conscience as well as in law, due S. to the said and owing, on good and valuable consideration by the said Confederate tion, after the 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 'nited 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 stocks of any of of the States wherein any funds of the Choctaws had been invested; e Northern and do also guarantee to it the final settlement and full payment at the tes ía which the same period, of the capital and interest of all bonds or stocks of any of

Also of all bonda

the Northern States, in which any of the said Choctaw funds may have Choctaw fun been invested. may have be

invested.

201

No condition

ARTICLE LV. All the said annuities, annual payments, and interest and To what y the arrearages thereof, shall be applied, under the exclusive direction of poses the the general council of the Choctaw Nation, to the support of their gov- ties, and oth funds to be app ernment, 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 five hundred thousand dollars each shall be invested or re-invested, 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, unimpaired, 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 striction to imposed on t restrictions, on the payment to the said nation of any of said annual payment to t sum3 or arrearages of the said capital sums of five hundred thousand Choctaw Nation dollars each, or in any wise to control or direct the mode in which such any of said fur 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 No appeal to officer of the Confederate States from the decision of the general council from the de-is of the Choctaw Nation or of any committee, court or tribunal to which tribunal of t it may commit the adjudication, by any person or persons from any Choctaw decision that may be rendered under the twelfth article of the treaty of under article the twenty-second day of June, A. D., one thousand eight hundred and June 22. 1855. fifty-five, adverse to the justice and equity of any claim presented as verse to cla one of those which, under that article, the Choctaw Nation became preferred und liable and bound to pay; but the adjudication and decision of the Legislature, or of any committee, court, or tribunal, to which it may entrust the investigation or decision, against any such claim shall be absolutely final.

of any compet

Nat of the treaty

said article.

the U. S. to

ARTICLE LVI. It is hereby ascertained and agreed by and between the Ann ities a Confe lerate States and the Chickasaw Nation, that the United States of interest due f America, of which the Confederate States were heretofore a part, were chickasaw Na! 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 three thousand dollars, under the act of Congress of the United States, approved on the A. D., one thousand seven hundred and ninety.

day of

The annual interest, at six per cent., on the sum of two hundred and seventy-six thousand seven hundred and eighty-one dollars and fifty-seven cents, the amount of so much of the United States six per cent, loans in which the funds of the Chickasaw Nation were invested, under the third and eleventh articles of the treaty of the 24th day of May, A. D., one thousand eight hundred and thirty-four.

. And the annual interest, at six per cent., on the further sum of one hundred thousand dollars, the principal of that amount of Ohio six 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