tribes.

cr Le Commen

lands.

Proviso.

Landa, the Indians incorporate, each in itself, as members of the tribe, or permit to settle of certain other and reside upon the lands of the tribe, such Shawnees of Kansas, or Indians of any other tribe, in amity with the Confederate States, as to it May sell or lease any seem good; and may sell such Indiaus portions of land, in fee or by ved to such In- less estate, or lease them portions thereof for years or otherwise, and Who entitled to receive to its own use the price and consideration of such sales or leases; and voto, hold office, it alone shall determine who are citizens of the tribe entitled to vote at share in annuities elections, hold office or share the annuities or other moneys of the tribe or in the common lands: Provided, That when persons of another tribe shall once have been received as members of either of said tribes, they shall not be disfranchised or subjected to any other restrictions upon the right of voting, than such as shall apply to the Senecas or Senecas and Shawnees respectively, themselves. But no Indians of any other tribe or band than these shall be permitted to come within their country to reside without the consent and license of the people of each tribe respectively. ARTICLE V. The right is hereby reserved to the Confederate States to and for Indian select in any unoccupied part of the country of either of said tribes or bands, if they should desire to do so, a tract of land one mile square as a reserve and site for an agency, for the said tribes and for the Quapaws and Osages, which shall revert to the tribe in whose country it is selected with the buildings thereon, whenever it shall cease to be occupied as an

Reservation of

egency.

Forts and military posts.

Proviso.

No Bettlement

echey reserve or

the roserve

agency.

ARTICLE VI. The Confederate States shall have the right to establish in the said country such forts and military posts as they may deem necessary, and shall have the right to select for each such fort or post a tract of land one mile square, on which such fort or post shall be established: Provided, That if any person have any improvements on any tract so selected, the value of such improvements shall be paid by the Government to the owner thereof.

ARTICLE VII. No person whatever shall be permitted to settle or persisted upon the reside upon the agency reserve, when it shall have been selected, except for by the permission of the agent, nor upon any reserve for a fort or military post, except by the permission of the commanding officer; and every such reserve, for the agency, or for forts or military posts, shall be within the sole and exclusive jurisdiction of the Confederate States.

the bounds of any

ct be under the lars thereof.

The country of ARTICLE VIII. The Confederate States hereby guarantee that the the tribes not to be country hereby secured to the said Senecas and Senecas and Shawnees included within shall never be included within the bounds of any State or Territory, nor is or Territory shall any of the laws of any State or Territory ever be extended over, or put in force within any part of the said country; and the President of the Confederate States will cause the said tribes to be protected against all molestation or disturbance at the hands of any other tribe or nation of Indians, or of any other person or persons whatever; and he shall have the same care and superintendence over them as was heretofore had by the President of the United States.

Protection against other tribes on persona.

Hunting and killing of gamo.

ARTICLE IX The members of the said Seneca tribe and the said Seneca and Shawnee mixed bands shall have the right, henceforward, of hunting and killing game, in all the unoccupied country west of the possessions of the Cherokees, Seminoles, Choctaws and Chickasaws, without molestation from any quarter, being while so engaged therein under the protection of the Confederate States.

Perpetual peace ARTICLE X. There shall be perpetual peace and brotherhood between end brotherhood the Seneca tribe and the Shawnees aforesaid, and the Osages, Cherokees, between the Sono- Muskokis, Seminoles, Choctaws and Chickasaws and the bands of the and other tribes. Wichitas, Cado Hadachos, Huecos, Ta-na-ca-ros, Ana-dagh-cos, Ton-ca-wes,

CAs and Shawnees

Ki-chais, Ai-nais, Shawnees and Delawares living in the country leased from the Choctaws and Chickasaws, and the Pen-e-tegh-ca, No-co-ni, Fa

forgotten.

nei-we, Ya-pa-rih-ca and Co-cho-tih-ca bands of the Ne-um or Comanches; and every injury or act of hostility which either has heretofore sustained. Injuries, &c., to or met with at the hands of the other, shall be forgiven and forgotten. be forgiven and ARTICLE XI. The Seneca tribe and the Shawnees aforesaid, and the said The Senecas and several other nations, tribes and bands shall henceforth be good neighbors Shawnees and oth to each other, and there shall be a free and friendly intercourse among neighbors to each er tribes to be good them. And it is hereby agreed by the said Seneca tribe and the said other. Shawnees, as has already been agreed by all the others, that the horses, Right of propcattle and other stock and property of each nation, tribe or band, and erty iu horses, catevery person of each, is his or its own; and that no person belonging to tle, &c. the Senecas or Shawnees aforesaid, shall or will hereafter kill, take away or injure any such property of another tribe or band or of any member of any other tribe or band, or in any other way do them any harm.

ARTICLE XII. Especially there shall be perpetual peace and friendship Perpetual peace between said Senecas and Shawnees aforesaid, and the Osages, Quapaws, with the Osages and friendship Cherokees, Muskokis, Seminoles, Choctaws and Chickasaws; and the and other Indian Chiefs and headmen of the said Seneca tribe and Shawnees shall do all in nations. their power to take and restore any negroes, horses or other property Return of stolen stolen from white men or from persons belonging to either of said five property. nations; and to catch and give up any person among them who may kill or steal or do any other evil act.

tion to be taken

Mode of redress.

Trial and pun

ARTICLE XIII. In order that the friendship now established between the No private reSeneca tribe and Shawnees, the Confederate States and the other Indian venge or retalianations, tribes and bands aforesaid, may not be interrupted by the miscon- for injuries. duct of individuals, or bands of individuals, it is hereby agreed that for injuries done by individuals no private revenge or retaliation shall take place, but instead thereof complaint shall be made by the said Seneca tribe and Shawnees when any individual thereof is injured, to the agent of the Confederate States for the Osages and other tribes, who shall investigate the complaint, and if he finds it well founded shall report the same to the superintendent, who will cause the wrong to be redressed, and the person doing the wrong to be arrested, whether he be a white man or an Indian; and he or they shall be tried for the same agreeably to the ifhment of wrong laws of the Confederate States or of the State or Territory against which doer. he may have offended, and be punished in the same manner and with the Redress for insame severity, as if the injury had been done to a white man. And it is juries done by the also agreed that if any member of the Seneca tribe or any one of the Senecas and ShawShawnees shall do any injury to the person or property of any white man nees. or of a member of any other Indian nation or tribe under the protection of the Confederate States, the offender shall be given up to the agent upon complaint made to him, and on his demand, the wrong shall be redressed by him, and the offender be tried for the offence, agreeably to the laws of the Confederate States or of the State, Territory or nation against which he may have offended: Provided, That he shall be punished in no other manner nor with any greater severity than a citizen of the Confederate States or of such State, Territory or nation would be, if he had committed the same offence. ARTICLE XIV. It is hereby further agreed that the Chiefs of the Senecas and of the Shawnees shall use every exertion in their power to recover any property stolen to horses or other property that may be stolen from any citizen of the Confederate States or from any member of any other Indian nation or tribe under the protection of the Confederate States, by any person or persons whatever, and found within the limits of their country; and the property so recovered shall be forthwith delivered to the owner or to the agent to be restored to him. If in any case the right to the property clained is Proceeding where contested by the person in possession, the agent shall summarily investi- right to property gate the case, and upon hearing the testimony of witnesses, shall decide the right to the property, and order it to be retained or delivered up

Proviso.

Horses or other

be returned to owner.

is contested.

Appeal.

accordingly. Either party may appeal from his decision to the superintendent, whose decision shall be final in all cases, the property, in the meanWhere restitu- time, remaining in the custody of the agent. If, in any case, the exertions tion cannot be of the Chiefs to cause the restoration of stolen property prove ineffectual, the property stolen and the agent is satisfied from the testimony that it was actually stolen, to be deducted or received with knowledge of its being stolen, by any person belonging from the annuity to the Seneca tribe or by any one of the Shawnees, he shall so report to

made the value of

of the tribe.

When the value

stolen will be paid

owner.

the superintendent, with a copy of the testimony, which shall for that purpose be always reduced to writing; and the superintendent shall, if satisfied from the testimony, deduct from the annuity of the tribe a sum equal to the value of the property stolen.

ARTICLE XV. The Confederate States hereby guarantee full and fair of the property payment to the owner of the actual and fall value of all horses and other by the C. S. to the property stolen from any person or persons belonging to the Seneca tribe, or being of the Shawnees aforesaid, by any citizen of the Confederate States or by any Indian of any other nation or tribe under the[ir] protection, in case the same cannot be recovered and restored, and upon sufficient proof being made before the superintendent or any agent of the Confede rate States for any such nations or tribes, that such property was actually stolen by a citizen or citizens of the Confederate States or by an Indian or Indians of any nation or tribe under their protection.

Agent and interpreter.

ARTICLE XVI. An agent for the Great and Little Osage tribes, the Quapaws, Senecas and Senecas and Shawnees shall be appointed by the Presi dent, and an interpreter for the Seneca tribe and one for the Shawnees for their protection, and that their complaints may be heard by, and their Where to reside. wants made known to the President. The agent shall reside contiuually in the country of one or the other of said tribes or bands, and the interpreter shall reside continually among the people for whom he is employed, Not to be absent and neither of them shall ever be absent from their posts, except by the permission of the superintendent.

without leave.

No councils to

the consent of the

C. S.

ARTICLE XVII. The Senecas and the Senecas and Shawnees shall hold no be held except with talks or councils with any white men or Indians without the knowledge and consent of the agent of the Confederate States. And they especially agree to attend no councils or talks in the country of any people or with the officers or agents of any people with whom the Confederate States are at war; and in case they do so, all the benefits secured to them by this treaty shall immediately and forever cease.

Who may live in the country of the tribes.

Tribes left free to govern themselves.

Proviso.

White man who

of the Senecas or

ARTICLE XVIII. The Confederate States will not permit any improper persons to reside or be in the country of the Senecas, or in that of the Senecas and Shawnees, but only such persons as are employed by them, their officers or agents, and traders licensed by them, who shall sell to the said Indians and buy from [them] at fair prices, under such regulations as the President shall make from time to time.

ARTICLE XIX. No State or Territory shall ever pass laws for the government of the Seneca tribe or of the Seneca and Shawnee people; and except so far as the laws of the Confederate States are in force in their country, they shall be left free to govern themselves, and to punish offences committed by one of themselves against the person or property of another: Provided, That if one of them kills another, without good cause or justification, he shall suffer death, but only by the sentence of the Chiefs, and after a fair trial, all private revenge being strictly forbidden.

ARTICLE XX. Every white man who marries or has married a woman of marries a woman the Senecas or of the Shawnees and resides in the Seneca or Seneca and the Shawnees Shawnee country, respectively, shall be deemed and taken even after the deemed to be a death of his wife, to be a member of the tribe in which he marries or has member of such married, so far as to be subject to its laws in respect to all offences committed in its country against the person or property of another member of

tribe, so far as to

the tribe and as not to be considered a white man committing such offence be subject to its against the person or property of an Indian, within the meaning of the laws.

act of Congress of the Confederate States. And all negroes and mulat- Negroes and mutoes, bond or free, committing any such offence in said country shall, in lattoes in like manlike manner, be subject to the laws of the tribe.

ner subject to the laws.

Military and

ARTICLE XXI. The Confederate States shall have the right to establish, open and maintain such military and other roads through any part of the other roads. Seneca or Seneca and Shawnee country as the President may deem necessary, without making any compensation for the right of way, or for the land, timber or stone used in constructing the same; but if any other property of the tribe, or any other property or the improvements of an individual be used or injured therein, just and adequate compensation shall be made.

railroads.

ARTICLE XXII. The Confederate States may grant the right of way for Right of way for any railroad through any part of the Seneca or Seneca and Shawnee country; but the company to which any such right of way may be granted shall pay the tribe therefor through whose country any part of the road runs such sums as in the opinion of the President be its fair value; and Payment of shall also pay to individuals all damages done by the building of said damages to indiroad to their improvements or other property to such amount in each case as commissioners appointed by the President shall determine.

viduals.

the land of the

ARTICLE XXIII. The agent of the Confederate States for the Osages Intrusions and and other tribes shall prevent all intrusions by hunters and others upon the settlement upon. lands of the Senecas and of the Senecas and Shawnees, and permit no Senecas and Shawwhite men or other Indians to settle thereon, and shall remove all such nees to be prepersons, calling, if necessary, upon the military power for aid; and the vented. commanders of military posts in that or the adjoining country shall be required to afford him such aid upon his requisition.

lands.

ARTICLE XXIV. No citizen or inhabitant of the Confederate States Who not to pasor member of any friendly nation or tribe of Indians shall pasture stock ture stock on their on the lands of the Senecas or Senecas and Shawnees, but all such persons shall have full liberty, at all times, and whether for business or travel in their Liberty given to pleasure, peaceably to travel in their country, on the roads or elsewhere, country, and drive to drive their stock through the same and to halt such reasonable time stock through the on the way as may be necessary to recruit their stock, such delay being in good faith for that purpose and for no other.

same.

tice.

ARTICLE XXV. Any person duly charged with a criminal offence Surrender of against the laws of the Confederate States, or of any State or Territory, fugitives from jusor of any Indian nation or tribe, under the protection of the Confederate States, escaping into the Seneca or Seneca and Shawnee country, shall be promptly taken and delivered up by the Chiefs of the Senecas or Senecas and Shawnees, on the demand of the proper anthority of the Confederate States, or of the State, Territory, nation or tribe within whose jurisdiction the offence shall be alleged to have been committed.

ARTICLE XXVI. In addition to the laws of the Confederate States, Laws declared expressly applying to the Indian country, so much of their laws as to be in force. provides for the punishment of crimes amounting to felony at common law, or by statute against their laws, authority or treaties, 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 any other current coin, or the securities of the Confederate States, or the uttering of such counterfeit coin or securities; and so much of said laws as provides for punishing violations of the neutrality law, 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; and the laws providing for the capture and delivery of fugitive slaves, shall be in

Jurisdiction o fforce in the Seneca and the Seneca and Shawnee country; and the district court for district court for the Chalahki District, when established, shall have exclusive jurisdiction to try, condemn and punish offenders against those laws, to adjudge and pronounce sentence, and cause execution thereof to

the Chalahki district.

nesses.

and fees and mile

be done.

Any Seneca or ARTICLE XXVII. Whenever any person, who is a member of the Shawnee indicted Seneca or Seneca and Shawnee tribe, shall be indicted for any offence in in any court of the C. S. entitled to any court of the Confederate States, or in a State court, he shall be process for wit-entitled, as of common right, to subpoena, and, if necessary, to compulsory process for all such witnesses in his behalf as his counsel may think Costs of process material for his defence; and the costs of process for such witnesses age of witnesses. and of the service thereof, and fees and mileage of such witnesses shall When accused be paid by the Confederate States; and whenever the accused is not may be assigned able to employ counsel, the court shall assign him one 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.

usages and cus

Existing laws, ARTICLE XXVIII. It is hereby declared and agreed that the institution of slavery in the said Seneca and Seneca and Shawnee Tribes is toms in regard to legal, and has existed from time immemorial; that slaves are personal slavery declared binding. property; that the title to slaves and other property having its origin in either of the said tribes is to be determined by the laws and customs thereof; and that the slaves and personal property of every person domiciled in the country of either of the said tribes shall pass and be distributed at his or her death, in accordance with the laws, usages and customs of the said tribes, which may be proved by oral evidence, and shall everywhere be held valid and binding within the scope of their operations. And if any slaves escape from either of the said tribes, the laws of the Confederate States for the capture and delivery of fugitive slaves shall apply to such cases, whether they escape into a State or Territory, or into any Indian nation or tribe under the protection of the Confederate States; the obligation upon each such State, Territory, nation or tribe to deliver up the same being, in every case, as complete as if they had escaped from a State, and the mode of procedure the same.

The tribes made

a party to the existing war, and agree to furnish aid.

ARTICLE XXIX. The Seneca Tribe and the Shawnees of the Seneca and Shawnee Tribe, hereby make themselves parties to the existing war between the Confederate States and the United States of America, as the allies and wards of the former; and, in consideration of the protection guaranteed by this treaty, and of their common interests, hereby agree to aid in defending their country against any invasion thereof by Pay of the war- the common enemy; and it is agreed that all warriors furnished by them for the service of the Confederate States, and which shall be mastered into that service, shall receive the same pay and allowances as other How long to troops of the same class therein, and remain in the service as long as the President shall require.

riors.

serve.

tribe.

Debts due by the ARTICLE XXX. It is further agreed and ascertained, by and between U. S. to the Seneca the Confederate States and the said Seneca Tribe of Indians, formerly known as the Senecas of Sandusky, that the United States of America were, while the several States of the Confederacy were members of the same, and still remain indebted to the said Seneca Tribe, and had and still have in their hands moneys in trust for the said tribes, as follows, that is to say:

By the fourth article of the treaty made with the Wyandot, Seneca and other tribes of Indians, on the twenty-ninth day of September, A. D., one thousand eight hundred and seventeen, the United States agreed and bound themselves to pay annually, forever, to the Seneca tribe, the sum of five hundred dollars, in specie, at Lower Sandusky;