Title of the U. country vested in the C. S. which a cotton wood, twenty-four inches diameter bears north eighteen degrees east, forty links, and a cotton wood fifteen inches diameter, bears south nine degrees east, fourteen links; thence down the Canadian river on its north bank to its junction with Arkansas river; thence down the main channel of Arkansas river to the western boundary of the State of Arkansas at the northern extremity of the eastern boundary of the lands of the Choctaws, on the south bank of Arkansas river, four chains and fifty-four links east of Fort Smith; thence north seven degrees twenty-five minutes west with the western boundary of the State of Arkansas, seventysix miles, sixty-four chains and fifty links to the southeast corner of the State of Missouri; thence north, on the western boundary of the State of Missouri eight miles, forty-nine chains and fifty links, to the north bank of Cowskin or Seneca river, at a mound six feet square at base and five feet high, in which is a post marked on the south-side Cor. Ch. Ld.; thence west on the northern boundary of the lands of the Senecas, eleven miles and forty chains, to a post on the east bank of Neosho river, from which a maple eight eighteen inches diameter bears south thirty-one degrees east, seventy-two links; thence up Neosho river, with its meanders, on the east bank, to the southern boundary of Osage lands, thirty-six chains and fifty links, west of the southeast corner of the lands of the Osages, witnessed by a mound of rocks on the west bank of Neosho river; thence west on the southern boundary of the Osage lands to the line dividing the Territory of the United States from that of Mexico, two hundred and eighty-eight miles, thirteen chains and sixty-six links, to a mound of earth six feet square at base, and five and a half feet high in which is deposited a cylinder of charcoal, twelve inches long and four inches diameter; thence south along the line of the Territory of the United States and of Mexico, sixty miles and twelve chains to a mound of earth six feet square at base and five and a half feet high, in which is deposited a cylinder of charcoal, eighteen inches long and three inches diameter; thence east, along the northern boundary of Creek lands, two hundred and seventy-three miles, fifty-five chains and sixty-six links, to the beginning; containing within the survey thirteen millions five hundred and seventy-four thousand one hundred and thirty-five acres and fourteen hundredths of an acre. ARTICLE V. The Cherokee Nation hereby gives its full, free and unqual8. in the Cherokee ified assent to those provisions of the act of Congress of the Confederate States of America, entitled "An act for the protection of certain Indian tribes," approved the twenty-fourth day of May, in the year of our Lord, one thousand eight hundred and sixty-one, whereby it was declared that all reversionary, and other interest, right, title and proprietorship of the United States in, unto and over the Indian country, in which that of the said Cherokee Nation is included, should pass to and vest in the Confederate States, and whereby the President of the Confederate States was authorized to take military possession and occupation of all said country; and whereby all the laws of the United States with the exception thereinafter made, applicable to and in force in said country, and not inconsistent with the letter or spirit of any treaty stipulations entered into with the Chero kee Nation were enacted, continued in force, and declared to be in force in said country, as laws and statutes of the Confederate States: Provided, however, And it is hereby agreed between the said parties, that whatever in the said laws of the United States contained, is or may be contrary to or inconsistent with any article or provision of this treaty, is to be of none effect henceforward, and shall, upon the ratification hereof, be deemed and taken to have been repealed and annulled as of the present date, and this assent, as thus qualified and conditioned, shall relate to and be taken to have been given upon the said day of the approval of the said act of Congress. Proviso. ARTICLE VI. The Confederate States of America do hereby solemnly Partition and guarantee to the Cherokee Nation, to be held by it to its own use and sale of lands. behoof in fee simple forever, the lands included within the boundaries defined in article four of this treaty; to be held by the people of the Cherokee Nation in common as they have heretofore been held, if the said nation shall so please, but with power of making partition thereof and dispositions of parcels of the same by virtue of laws of said nation duly enacted, and approved by a majority of the Cherokee people in general convention assembled; by which partition or sale, title in fee simple absolute shall vest in parceners and purchasers whenever it shall please said nation, of its own free will and accord and without solicitation from any quarter, to do so; which solicitation the Confederate States hereby solemnly agree never to use; and the title and tenure hereby guaranteed to the said nation is and shall be subject to no other restrictions, reservations or conditions, whatever, than such as are hereinafter specially expressed. ARTICLE VII. None of the lands hereby guaranteed to the Cherokee Lands not to be Nation shall be sold, ceded or otherwise disposed of to any foreign nation old or ceded to any foreign nation, or to any State or government whatever; and in case any such sale, ces- or to any State or sion or disposition should be made without the consent of the Confederate government. State, all the said lands shall thereupon revert to the Confederate States. for the Cherokees. ARTICLE VIII. The Confederate States of America do hereby solemnly No State or Teragree and bind themselves that no State or Territory shall ever pass laws ritory to pass laws for the government of the Cherokee Nation; and that no portion of the lands guaranteed to it shall ever be embraced or included within or annexed to any Territory or Province; nor shall any attempt ever be made, except Not to be incorporated into any upon the free, voluntary and unsolicited application of said nation, to erect other territorial or its said country, by itself or with any other, into a State or any other ter political organiza ritorial or political organization, or to incorporate it into any State pre- tion. viously created. Cherokees. ARTICLE IX. All navigable streams of the Confederate States and of Navigable the Indian country shall be free to the people of the Cherokee Nation, streams frue to the who shall pay no higher toll or tonnage duty or other duty than the citizens of the Confederate States; and the citizens of that nation living Ferry privileges upon the Arkansas river shall have, possess and enjoy upon that river, the upon the Arkansas same ferry privileges, to the same extent in all respects, as citizens of the Confederate States on the opposite side thereof, subject to no other or a different tax or charge than they. river. nations or tribes vote at election ARTICLE X. The Cherokee Nation may by act of its legislative author- Indians of other ities receive and incorporate in the nation as members thereof, or permit may be received as to reside and settle upon the national lands, such Indians of any other nation members. or tribe as to it may seem good; and may sell them portions of its land, and receive to its own use the consideration therefor; and the nation alone Who entitled to shall determine who are members and citizens of the nation entitled to and share in annui vote at electious and share in annuities: Provided, That when persons of ties. another Indian nation or tribe shall once have been received as members Proviso. of the nation, they shall not be disfranchised or subjected to any other restrictions upon the right of voting than such as shall apply to the Cherokees themselves. But no Indians not settled in the Cherokee country shall be permitted to come therein to reside, without the consent and permission of the legislative authority of the nation. ARTICLE XI. So far as may be compatible with the Constitution of the Right of self: Confederate States and with the laws made, enacted or adopted in con- full jurisdiction government and formity thereto, regulating trade and intercourse with the Indian tribes, as over persons and the same are modified by this treaty, the Cherokee nation shall possess the property. otherwise unrestricted right of self-government and full jurisdiction, judi cial and otherwise, over persons and property within its limit, excepting Exception. only such white persons as are not by birth, adoption or otherwise, mem woman, or is per bers of the Cherokee Nation; and that there may be no doubt as to the mean White person who ing of this exception, it is hereby declared that every white person who, marries a Cherokee having married a Cherokee woman, resides in said Cherokee country, or manently do mi- who, without intermarrying, is permanently domiciled therein with the ciled in the Cher-consent of the authorities of the nation, and votes at elections, is to be okee country,taken deemed and taken to be a member of the said nation within the true to be a member of the nation. intent and meaning of this article; and that the exception contained in Exception in the the laws for the punishment of offences committed in the Indian country, law for the punish- to the effect that they shall not extend or apply to offences committed by committed in the one Indian against the person or property of another Indian, shall be so Indian country, extended and enlarged by virtue of this article when ratified and withextended and en- out further legislation, as that none of said laws shall extend and apply larged. ment of offences Intruders to be removed. Exceptions. agency. Proviso. to any offence committed by any Indian, or negro, or mulatto, or by any white person, so by birth, adoption or otherwise a member of the Cherokee Nation against the person or property of any Indian, negro, or mulatto, or any such white person when the same shall be committed within the limits of the said Cherokee Nation as hereinbefore defined; but all such persons shall be subject to the laws of the Cherokee Nation, and to prosecution and trial before its tribunals, and punishment according to such laws, in all respects like native members of the said nation. ARTICLE XII. All persons not members of the Cherokee Nation, as such membership is hereinbefore defined, who may be found in the Cherokee country, shall be considered as intruders, and be removed and kept out of the same either by the civil officers of the nation under the direction of the executive or legislature, or by the agent of the Confederate States for the nation, who shall be authorized to demand, if neces sary, the aid of the military for that purpose; with the following exceptions only, that is to say: Such individuals with their families as may be in the employment of the Government of the Confederate States; all persons peaceably travelling, or temporarily sojourning in the country, or trading therein under license from the proper authority; and such persons as may be permitted by the legislative authority of the Cherokee Nation to reside within its limits without becoming members of the said nation. Reservation of ARTICLE XIII. A tract of two sections of land in the said nation, to land for Indian be selected by the President of the Confederate States, or such officer or person as he may appoint, in conjunction with the authorities of the Cherokee Nation, at such a point as they may deem most proper, is hereby ceded to the Confederate States, for the purpose of an agency; and when selected shall be within their sole and exclusive jurisdiction, except as to offences committed therein by one member of the Cherokee Nation against the person or property of another member of the same: Provided, That whenever the agency shall be discontinued, the tract so selected therein shall revert to the said nation, with all the buildings that may Further proviso. be thereupon: And provided also, That the President, conjointly with the authorities of the nation may at any time select in lieu of said reserve, any unoccupied tract of land in the nation, and in any other part thereof, not greater in extent than two sections, as a site for the agency of the nation, which shall in such case constitute the reserve, and that first selected shall thereupon revert to the Cherokee Nation. Forts and mili roads. ARTICLE XIV. The Confederate States shall have the right to build, tary posts, and establish and maintain such forts and military posts, temporary or permilitary and post manent, and such military and post roads as the President may deem necessary in the Cherokee country; and the quantity of one mile square of land, including each fort or post, shall thereby vest as by cession in the Confederate States and be within their sole and exclusive jurisdiction, except as to offences committed therein by members of the Chero kee Nation against the persons or property of other members of the same, 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 felled than of each is actually requisite; and if in the establishment of such fort, post or road, or of the agency, the property of any individual member of the Choctaw Nation, other than land, timber, stone and earth, be taken, destroyed or impaired, just and adequate compensation shall be made by the Confederate States. tle or raise stock ARTICLE XV. No person shall settle or raise stock within the limits No person to set of any post or fort or of the agency reserve, except such as are or may within certain lim. be in the employment of the Confederate States, in some civil or mili-it. tary capacity; or such as, being subject to the jurisdiction and laws of the Cherokee 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. ARTICLE XVI. An agent of the Confederate States for the Cherokee Agent and interNation, and an interpreter shall continue to be appointed, both of whom preter. shall reside at the agency. And whenever a vacancy shall occur in Vacancy in either of the said offices, the authorities of the nation shall be consulted either of said offi as to the person to be appointed to fill the same; and no one shall be ces, how filled. appointed against whom they in good faith 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 causefor such removal. ARTICLE XVII. The Confederate States shall protect the Cherokees Protection from from hostile invasion and from aggression by other Indians and white invasion and agpersons, not subject to the laws and jurisdiction of the Cherokee Nation; gression. and for all injuries resulting from such invasion or aggression, full in- Indemnity for demnity is hereby guaranteed to the party or parties injured, out of the injuries. 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. okees, and remo ARTICLE XVIII. It is further agreed between the parties that the Prevention of inagent of the Confederate States, upon the application of the authorities trusion upon the of the Cherokee Nation, will not only resort to every proper legal reme- lands of the Cherdy, at the expense of the Confederate States, to prevent intrusion upon val of improper the lands of the Cherokees, and to remove dangerous or improper per- persons. sons, 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. ARTICLE XIX. If any property of any Cherokees be taken by citizens Property taken of the Confederate States, by stealth or force, the agent, on complaint by stealth or toree. made to him in due form by affidavit, shall use all proper legal means Remedy. and remedies in any State where the offender may be found to regain the property or compel a just remuneration; and on faiure 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. License to tra ders. ARTICLE XX. No person shall be licensed to trade with the Cherokees as may be required by the bureau of Indian affairs. The authorities of Tax on licensed half of one per cent. on all goods, wares and merchandise brought by them into the Cherokee country for sale, to be collected whenever such goods, wares and merchandise are introduced, and estimated upon the first cost of the same at the place of purchase, as the same shall be shown Appeal from de- by the copies of the invoices filed with the agent. No appeal shall herecision refusing li- after lie from the decision of the agent or council, refusing a license, to the Commissioner of Indian Affairs, or elsewhere, except only to the Who may trade, superintendent, in case of a refusal by the agent. And no license shall and what articles be required to authorize any member of the Cherokee Nation to trade in may be sold without license. the Cherokee country; nor to authorize any person to sell flour, meats, fruits and other provisions, or stock, wagons, agricultural implements or What goods are arms brought from any of the Confederate States into the country; nor forfeited when ex- shall any tax be levied upon such articles or the proceeds of the sale thereof. And all other goods, wares and merchandise, exposed to sale by a person not qualified, without a license, shall be forfeited, and be delivered and given to the authorities of the nation, as also shall all wines and liquors illegally introduced. posed to sale withont license. and dispose of per Restrictions on ARTICLE XXI. All restrictions contained in any treaty made with the the right of the United States, or created by any law or regulation of the United States, Cherokees to sell upon the limited right of any member of the Cherokee Nation to sell sonal property, re- 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. moved. May take, hold ARTICLE XXII. It is hereby further agreed by the Confederate States, and pass lands, by that all the members of the Cherokee Nation, as hereinbefore defined, purchase or desshall 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. cent. Cherokee coun- ARTICLE XXIII. In order to secure the due enforcement of so much try erected into a of the laws of the Confederate States in regard to criminal offences and Judicial district to misdemeanors as is or may be in force in the said Cherokee country, and be called the Chalah-ki district. to prevent the Cherokees from being further harrassed 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, to be called the Cha-lah-ki district, for the special purposes and jurisdicDistrict court for tion hereinafter provided; and there shall be created and semi-annually Buch district; held, within such district at Tah-le-quah, or in case of the removal of where to be held. the seat of Government of the nation, then at such place as may become the seat of Government, a district court of the Confederate States, with the powers of a circuit court, so far as the same shall be necessary to Jurisdiction co-carry out the provisions of this treaty, and with jurisdiction co-extenextensive with the sive with the limits of such district, in such matters, civil and criminal, limits of the dis- to such extent and between such parties as may be prescribed by law, and in conformity to the terms of this treaty. trict. Cherokee country. Laws declared to ARTICLE XXIV. In addition to so much and such parts of the acts be in force in the of Congress of the United States enacted to regulate trade and intercourse with the 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 the 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 provis |