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ional Congress, providing for the common defence and welfare, so far as the same are not locally inapplicable shall hereafter be in force in the Cherokee 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 court of the Confederate States.

diction of the dis

ARTICLE XXV. The said district court of the Confederate States of Admiralty jurisAmerica for the district of Cha-lah-ki shall also have the same admiralty trict for the Chajurisdiction as other district courts of the Confederate courts against any lah-ki district. person or persons residing or found within the district; and in all civil Jurisdiction in suits at law or in equity when the matter in controversy is of greater civil cases. value than five hundred 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, provide for the appointment of a judge and other judge and proper officers of the said court, the clerk and marshal being members of officers of the court, the Cherokee Nation, and make all necessary enactments and regulations for the complete establishment and organization of the same, and to give full effect to its proceedings and jurisdiction.

Appointment of

other

tion in cases where

ARTICLE XXVI. The said district court shall have no jurisdiction to The court " try and punish any person for any offence committed prior to the day of have no jurisdie the signing of this treaty; nor shall any action in law or equity be main-the offence wat tained therein, except by the Confederate States or one of them, when committed, or the. the cause of action shall have accrued before the same day of the sign-accrued prior to the ing hereof.

of action

signing of thie

Punishment of person for attempting, without ag

ARTICLE XXVII. If any citizen of the Confederate States or any treaty. other person, not being permitted to do so by the authorities of said nation or authorized by the terms of this treaty, shall attempt to settle upon any lands of the Cherokee Nation, he shall forfeit the protection of thority, to settle the Confederate States, and such punishment may be inflicted upon him, not being cruel, unusual or excessive, as may have been previously prescribed by law of the nation.

on the lands of the Cherokees.

Who not to pasture stock on their

ARTICLE XXVIII. No citizen or inhabitant of the Confederate States shall pasture stock on the lands of the Cherokee Nation, under the pen-ards alty of one dollar per head, for all so pastured, to be collected by the authorities of the Nation; but their citizens shall be at liberty at all Liberty given to times, and whether for business or pleasure, peaceably to travel the travel in their Cherokee country; and to drive their stock to market or otherwise country, and drive through the same, and to halt such reasonable time on the way as may same. be necessary to recruit their stock, such delay being in good faith for that purpose.

stock brough the

Chero' ees may

&c., in any of the,

ARTICLE XXIX. It is also further agreed that the members of the Cherokee Nation shall have the same right of travelling, driving stock travel, drive stock,, and halting to recruit the same, in any of the Confederate States, as is c. s. given citizens of the Confederate States by the preceding article. ARTICLE XXX. If any person hired or employed by the agent or by How persone any other person whatever, within the agency reserve, or any post or fort, employed

shall violate the laws of the nation in such manner as to become an unfit person to continue in the Cherokee country, he or she shall be removed by the superintendent, upon the application of the executive of the nation, the superintendent being satisfied of the truth and sufficiency of the charges preferred.

withir

the agency reserve may be removed

ARTICLE XXXI. Any person duly charged with a criminal offence Surrender of in against the laws of either the Creek, Seminole, Choctaw or Chickasaw gitives from jas Nations, and escaping into the jurisdiction of the Cherokee Nation, shall

tice.

Any of the Che

any court of the C. S. or State court for witnesses.

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; and in like manner, any person duly charged with a criminal offence against the laws of the Cherokee Nation, and escaping into the jurisdiction of either of the said nations, shall be promptly surrendered upon the demand of the proper authority of the Cherokee Nation.

ARTICLE XXXII. The Cherokee Nation shall promptly apprehend and deliver up all persons duly charged with any crime against the laws of the Confederate States, or of any State thereof, who may be found within its limits, on demand of any proper officer of the State or of the Confederate States; and in like manner any person duly charged with a criminal offence against the laws of the Cherokee Nation, and escaping into the jurisdiction of a State, shall be promptly surrendered, on demand of the executive of the nation.

ARTICLE XXXIII. Whenever any person, who is a member of the raees indicted in Cherokee Nation, shall be indicted for any offence in any court of the Confederate States, or of a State, he shall be entitled, as of common entitled to process right to subpoena, and, if necessary, to compulsory process for all such witnesses in his behalf as his counsel may think necessary for his Costs of process, defence; and the cost of process for such witnesses and of service thereof, and fees and mile and the fees and mileage of such witnesses shall be paid by the Confedage of witnesses. erate States, being afterwards made, if practicable, in case of conviction, When accused of the property of the accused. And whenever the accused is not able may be assigned 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.

Rendition of fugitive slaves.

Cherokees com

in the courts of the C. S.

Faith and credit given to official acts of judicial officers.

ARTICLE XXXIV The provisions of all such acts of the Congress of the Confederate States as may now be in force, or as may hereafter be enacted for the purpose of carrying into effect the provisions of the Constitution in regard to the redelivery or return of fugitive slaves, or fugitives from labor and service, shall extend to and be in full force within the said Cherokee Nation; and shall also apply to all cases of escape of fugitive slaves from the said Cherokee Nation into any other Indian nation, or into one of the Confederate States; the obligation upon each such nation or State to redeliver such slaves being in every case as complete as if they had escaped from another State and the mode of procedure the same.

ARTICLE XXXV. All persons, who are members of the Cherokee petent as witnesses Nation, shall hereafter be competent as witnesses in all cases, civil and criminal, in the courts of the Confederate States, unless rendered incompetent from some other cause than their Indian blood or descent. ARTICLE XXXVI. The official acts of all judicial officers in the said nation shall have the same effect and be entitled to the like faith and credit everywhere, as the like acts of judicial officers of the same grade Authentication and jurisdiction in any of the Confederate States; and the proceedings of records, law, of the courts and tribunals of the said nation and copies of the laws and judicial and other records of the said nation 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 like faith and credit.

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Existing lawa, usages and customs in regard to

ARTICLE XXXVII. It is hereby declared and agreed that the institution of slavery in the said nation is legal and has existed from time slavery, declared immemorial; that slaves are taken and esteemed to be personal property; binding. that the title to slaves and other property having its origin in the said nation shall be determined by the laws and customs thereof; and that

the slaves and other personal property of every person domiciled in said nation shall pass and be distributed at his or her death in accordance with he laws, usages and customs of the said nation, which may be proved like foreign laws, usages and customs, and shall everywhere be held binding within the scope of their operations.

ARTICLE XXXVIII. No ex post facto law, or law impairing the obli- No ex post facto gation of contracts shall ever be enacted by the legislative authority of law, or law in pairthe Cherokee Nation; nor shall any citizen of the Confederate States, of contracts to be ing the obligation or member of any other Indian [nation,] or tribe be disseized of his enacted. property or deprived or restrained of his liberty, or fine, penalty, or for- Rights of perfeiture be imposed on him in the said country, except by the law of the private property, land, nor without due process of law; nor shall any such citizen be in secured. any way deprived of any of the rights guaranteed to all citizens by the Constitution of the Confederate States.

sonal liberty and

ARTICLE XXXIX. It is further agreed that the Congress of the Con- Post-offices. federate States shall establish and maintain post-offices at the most important places in the Cherokee Nation, and cause the mails to be regularly carried, at reasonable intervals, to and from the same, at the same rates of postages and in the same manner as in the Confederate States; and the postmasters shall be appointed from among the citizens Appointment of of the Cherokee Nation.

postmasters.

Cherokees to

furnish a regiment,

&c., to serve in the army of the C. S.

ARTICLE XL. In consideration of the common interest of the Cherokee Nation and the Confederate States, and of the protection and rights guaranteed to the said nation by this treaty, the Cherokee Nation hereby agrees that it will raise and furnish a regiment of ten companies of mounted men, with two reserve companies, if allowed, to serve in the armies of the Confederate States for twelve months; the men shall be armed by the Confederate States, receive the same pay and allowances Pay and allowas other mounted troops in the service, and not be moved beyond the ances. limits of the Indian country west of Arkansas without their consent.

Arms.

frontier of the C.

ARTICLE LXI. The Cherokee Nation hereby agrees to raise and Troops for the furnish, at any future time, upon the requisition of the President, such defence of the Innumber of troops for the defence of the Indian country, and of the dian country and frontier of the Confederate States, as he may fix, not out of fair pro- s. portion to the number of its population, to be employed for such terms of service as the President may determine; and such troops shall receive Pay and al ́owthe same pay and allowances as other troops of the same class in the ances. service of the Confederate States.

ARTICLE XLII. It is further agreed by the said Confederate States Cherokees to pay that the said Cherokee Nation shall never be required or called upon to no part of expenses pay, in land or otherwise, any part of the expenses of the present war, future war. of present or any or of any war waged by or against the Confederate States.

ARTICLE XLIII. It is further agreed that after the restoration of c. S to defend peace, the Government of the Confederate States will defend the frontiers of the Infrontiers of the Indian country, of which the Cherokee country is a part, hold the for-s and dian country and and hold the forts and posts therein, with native troops, recruited among posts. the several Indian nations included therein, under the command of officers of the Confederate States, in preference to other troops.

ARTICE XLIV. In order to enable the Cherokee Nation to claim its Delegate to Conrights and secure its interests without the intervention of counsel or gross.

agents, it shall be entitled to a delegate to the House of Representatives of the Confederate States of America, who shall serve for the terin of two years, and be a native born citizen of the Cherokee Nation, over twenty-one years of age, and laboring under no legal disability by the law of the said nation; and each delegate shall be entitled to the same rights and privileges as may be enjoyed by delegates from any territories of the Confederate States to the said House of Representa

tives. Each shall receive such pay and mileage as shall be fixed by the Birst election for Congress of the Confederate States. The first election for delegate delegate.

shall be held at such time and places, and shall be conducted in such manner as shall be prescribed by the Principal Chief of the Cherokee Nation, to whom returns of such elections shall be made, and who shall declare the person having the greatest number of votes to be duly elected, and give him a certificate of election accordingly, which shall entitle Subsequent elec him to his seat. For all subsequent elections, the time, places and manner of holding them, and ascertaining and certifying the result, shall be prescribed by the Confederate States.

Wons.

Debt due by the

okee Nation.

ARTICLE XLV. It is hereby ascertained and agreed between the U. 8. to the Cher- parties to this treaty, that the United States of America, of which the Confederate States of America were heretofore a part, were, before the separation, indebted, and still continue to be indebted to the Cherokee Nation, and bound to the punctual payment to them of the following sums annually on the first day of in each year, that is to say: It was agreed by the tenth article of the treaty of the twentyninth day of December, A. D., one thousand eight hundred and thirtyfive that the sum of two hundred thousand dollars should be invested by the President of the United States, in some safe and most productive public stocks of the country for the benefit of the whole Cherokee Nation, in addition to the annuities of the nation theretofore payable, to constitute a permanent general fund, and that the nett income of the same should be paid over by the President annually to such person or persons as should be authorized or appointed by the Cherokee Nation to receive the same, whose receipt should be a full discharge for the amount paid to them, the same interest to be applied annually by the council of the nation to such purposes as they might deem best for the general interests of their people; and it was agreed by the eleventh article of the same treaty, that the permanent annuity of ten thousand dollars of the Cherokee Nation should be commuted for the sum of two hundred and fourteen thousand dollars, and that the same should be invested by the President of the United States, as a part of the said general fund of the nation, which thus became four hundred and fourteen thousand dollars. And it was agreed by the tenth article of the same treaty, that the President of the United States should invest in some safe and most productive public stocks of the country, the further sum of fifty thousand dollars, to constitute a permanent orphan's fund; and that he should pay over the nett income of the same annually to such person or persons as should be authorized or appointed by the Cherokee Nation to receive the same, whose receipt should be a full discharge for the amount paid to them; which nett annual income should be expended towards the support and education of such orphan children of the Cherokees as might be destitute of the means of subsistence. And it was agreed by the tenth article of the same treaty, that the further sum of one hundred and fifty thousand dollars should be invested by the President of the United States in some safe and most productive public stocks of the country for the benefit of the whole Cherokee Nation, which should constitute, in addition to the existing school fund of the nation, a permanent school fund, the nett income whereof the President should pay over annually to such person or persons as should be authorized or appointed by the Cherokee Nation to receive the same, whose receipt should be a full discharge for the amount paid to them; and that the interest should be applied annually by the council of the nation for the support of common schools and such a literary institution of a higher order as might be established in the Cherokee country; and it was estimated by the eleventh article of the same treaty that the then existing school fund of the nation amounted to about fifty thousand dollars

Investment of

which, it was thereby agreed, should constitute a part of the permanent school fund aforesaid. And it is also further agreed between the said parties to this treaty, that the United States of America while the said Confederate States were States of the said United States, did invest the whole of the said several principal sums of money, except the sum of five the principal suma thousand dollars, in stocks of the States hereinafter named, and of the United States, to the amount hereinafter named in each, that is to say:

The Permanent General Fund of the Nation.

In seven per cent. stock of the State of Florida, seven thousand dollars, ($7,000.)

In six per cent. stock of the State of Georgia, one thousand and five hundred dollars, ($1,500.)

In five per cent. stock of the State of Kentucky, ninety-four thousand dollars, ($94,000.)

In six per cent. stock of the State of Louisiana, seven thousand dollars, ($7,000.)

In six per cent. stock of the State of Maryland, seven hundred and sixty-one [dollars] and thirty-nine cents, ($761 39.)

In six per cent. stock of the State of Missouri, fifty thousand dollars, ($50,000.)

In six per cent. stock of the State of North Carolina, twenty thousand dollars, ($20,000.)

In six per cent. stock of the State of South Carolina, one hundred and seventeen thousand dollars, ($117,000.)

In five per cent. stock of the State of Tennessee, one hundred and twenty-five thousand dollars, ($125,000.)

In six per cent. stock of the State of Tennessee, five thousand dollars, ($5,000.)

And in six per cent. stock of the State of Virginia, ninety thousand dollars, ($90,000.)

Making the whole capital so invested, five hundred and seventeen thousand two hundred and sixty-one dollars and twenty-nine cents; the nett annual income whereof was and is twenty-eight thousand nine hundred and fourteen dollars and ninety-one cents.

The Permanent Orphan Fund.

In six per cent. stock of the State of Virginia, forty-five thousand dollars, ($45,000.)

The nett annual income whereof was and is two thousand and seven hundred dollars; leaving the sum of five thousand dollars uninvested and which still so remains.

The Permanent School Fund.

In seven per cent. stock of the State of Florida, seven thousand dollars, ($7,000.)

In six per cent. stock of the State of Louisiana, two thousand dollars, (2 000.)

In five and a half per cent. stock of the State of Missouri, ten thousand dollars, ($10,000.)

In six per cent, stock of the State of Missouri, five thousand dollars, ($5,000.)

In six per cent. stock of the State of North Carolina, twenty-one thousand dollars, ($21,000.)

in stocks.

Fermanent gon eral fund.

Permanent or phan fund.

Permanent school

fund.

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