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The Treaty with Choctaws and Chickasaws was a
The treaty had 64 terms. The following abbreviated terms of the treaty were:
# Perpetual peace and friendship
# Protection provided by the Confederacy
# Confederacy will not abandon or desert them
# Boundaries defined
# Boundaries defined continued
# Safe passage for Choctaws through Chickasaw district
# Choctaw and Chickasaw nations to give full assent to the provisions of the act of the Confederacy
# Confederacy solemnly guarantees the lands held by the Choctaws and Chickasaws forever
# Land never will be sold
# No state or territory laws of the Confederacy will be passed for the Choctaws and Chickasaws governments
# Confederacy renews leased area from the United States
# Indians in the leased area shall be subject to Confederacy laws until they are capable of self-government or subjected to Choctaw and Chickasaw laws.
# Confederacy waterways are free to Choctaw and Chickasaw nations.
# Choctaw and Chickasaw nations have unrestricted right of self-government
# Intruders in Choctaw or Chickasaw nations subjected to removal by the nations or the Confederacy
# Land tracts set aside for Confederacy agencies
# Confederacy forts in Choctaw and Chickasaw country
# Confederacy right of way for railroads, telegraph lines
# No Settlements or farms near forts, posts, or agencies
# Appointments for Confederacy agent and interpreter
# Protection from other domestic strife, white or Indian hostilities
# Legal assistance, intrusion prevention, and removal of dangerous or improper persons
# Property thief and recovery and payments for property not found
# Licensed traders approved by National Council and trading taxed
# United States laws removed that regulated Choctaw or Chickasaw selling
# Choctaws and Chickasaws can take, hold and pass, purchase or descent lands in any of the Confederate States
# Choctaws and Chickasaws are entitled to one representative in the House of Representatives of the Confederate States of America
# Choctaw and Chickasaw country may be admitted as a state when they elect to do so and become citizens in the Confederate States of America
# Land sales proceeds belong to members of the Choctaw and Chickasaw
# If Creek, Seminole, and Cherokee desire to become part of the Confederate States of America, then their countries maybe annexed to become part of the Choctaw and Chickasaw confederate state
# Choctaw and Chickasaw Nations may incorporate and determine who may be citizens of their respective nation
# Confederate citizens trying to settle Choctaw and Chicaksaw Nations forfeit protection of the Confederate States and maybe uncruelly punished by said nations
# Confederate citizens may not pasture stock on Choctaw or Chickasaw Nations. Confederate citizens may peaceable pass thru Choctaw or Chickasaw Nations, and the Choctaws and Chickasaws have the same privileges in the Confederate States.
# Violators of laws shall be removed.
# Movement and settlement rights, voting rights, and prosecution in each nations courts.
# Criminal jurisdiction
# Return of criminals between Choctaw/Chickasaw Nations and Confederate State of America.
# Creation of a Confederate States district court called Tush-ca-hom-ma to carry out the provisions of this treaty.
# Acts of Congress of the United States will be continued by the Confederate States, provide the common defense and welfare, district court shall have exclusive jurisdiction.
# Tush-ca-hom-ma district shall have the same admiralty jurisdiction as other district courts of the Confederate States.
# Trials for offenses in nation will be held in Confederate States district court.
# Offenses committed before the signing of the treaty will not be prosecuted.
The Statutes at Large of the Provisional Government of the Confederate States of America
', 1864;
Confederacy signs treaties with Choctaw and Chickasaw Tribes
Oklahoma Digital Maps: Digital Collections of Oklahoma and Indian Territory
{{Authority control 1861 in the Confederate States of America 1861 treaties July 1861 events Native American history of Oklahoma Native Americans in the American Civil War Oklahoma Territory Pre-statehood history of Oklahoma Treaties of the Confederate States of America Choctaw Chickasaw Choctaw and United States treaties
The Treaty with Choctaws and Chickasaws was a treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
signed on July 12, 1861 between the Choctaw
The Choctaw (in the Choctaw language, Chahta) are a Native American people originally based in the Southeastern Woodlands, in what is now Alabama and Mississippi. Their Choctaw language is a Western Muskogean language. Today, Choctaw people are ...
and Chickasaw
The Chickasaw ( ) are an indigenous people of the Southeastern Woodlands. Their traditional territory was in the Southeastern United States of Mississippi, Alabama, and Tennessee as well in southwestern Kentucky. Their language is classif ...
( American Indian) and the Confederate States
The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...
. At the beginning of the American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
, Albert Pike
Albert Pike (December 29, 1809April 2, 1891) was an American author, poet, orator, editor, lawyer, jurist and Confederate general who served as an associate justice of the Arkansas Supreme Court in exile from 1864 to 1865. He had previously se ...
was appointed as Confederate envoy to Native Americans. In this capacity he negotiated several treaties, one of the most important being with Cherokee
The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, th ...
chief John Ross, which was concluded in 1861.''Handbook of Texas Online'', s.v. "Pike, Albert," http://www.tshaonline.org/handbook/online/articles/fpi18 (accessed September 20, 2021). The treaty was ratified and proclaimed on December 20, 1861 by the Confederacy. The Choctaw and Chickasaw also duly ratified the treaty.
Some Choctaws identified with The Confederacy and a few owned slaves. In addition, they well remembered and resented the Indian removals from thirty years earlier and poor service they received from the federal government. The main reason the Choctaw Nation agreed to sign the treaty, however, was for protection from regional tribes.
Terms
The preamble begins with,
The treaty had 64 terms. The following abbreviated terms of the treaty were:
# Perpetual peace and friendship
# Protection provided by the Confederacy
# Confederacy will not abandon or desert them
# Boundaries defined
# Boundaries defined continued
# Safe passage for Choctaws through Chickasaw district
# Choctaw and Chickasaw nations to give full assent to the provisions of the act of the Confederacy
# Confederacy solemnly guarantees the lands held by the Choctaws and Chickasaws forever
# Land never will be sold
# No state or territory laws of the Confederacy will be passed for the Choctaws and Chickasaws governments
# Confederacy renews leased area from the United States
# Indians in the leased area shall be subject to Confederacy laws until they are capable of self-government or subjected to Choctaw and Chickasaw laws.
# Confederacy waterways are free to Choctaw and Chickasaw nations.
# Choctaw and Chickasaw nations have unrestricted right of self-government
# Intruders in Choctaw or Chickasaw nations subjected to removal by the nations or the Confederacy
# Land tracts set aside for Confederacy agencies
# Confederacy forts in Choctaw and Chickasaw country
# Confederacy right of way for railroads, telegraph lines
# No Settlements or farms near forts, posts, or agencies
# Appointments for Confederacy agent and interpreter
# Protection from other domestic strife, white or Indian hostilities
# Legal assistance, intrusion prevention, and removal of dangerous or improper persons
# Property thief and recovery and payments for property not found
# Licensed traders approved by National Council and trading taxed
# United States laws removed that regulated Choctaw or Chickasaw selling
# Choctaws and Chickasaws can take, hold and pass, purchase or descent lands in any of the Confederate States
# Choctaws and Chickasaws are entitled to one representative in the House of Representatives of the Confederate States of America
# Choctaw and Chickasaw country may be admitted as a state when they elect to do so and become citizens in the Confederate States of America
# Land sales proceeds belong to members of the Choctaw and Chickasaw
# If Creek, Seminole, and Cherokee desire to become part of the Confederate States of America, then their countries maybe annexed to become part of the Choctaw and Chickasaw confederate state
# Choctaw and Chickasaw Nations may incorporate and determine who may be citizens of their respective nation
# Confederate citizens trying to settle Choctaw and Chicaksaw Nations forfeit protection of the Confederate States and maybe uncruelly punished by said nations
# Confederate citizens may not pasture stock on Choctaw or Chickasaw Nations. Confederate citizens may peaceable pass thru Choctaw or Chickasaw Nations, and the Choctaws and Chickasaws have the same privileges in the Confederate States.
# Violators of laws shall be removed.
# Movement and settlement rights, voting rights, and prosecution in each nations courts.
# Criminal jurisdiction
# Return of criminals between Choctaw/Chickasaw Nations and Confederate State of America.
# Creation of a Confederate States district court called Tush-ca-hom-ma to carry out the provisions of this treaty.
# Acts of Congress of the United States will be continued by the Confederate States, provide the common defense and welfare, district court shall have exclusive jurisdiction.
# Tush-ca-hom-ma district shall have the same admiralty jurisdiction as other district courts of the Confederate States.
# Trials for offenses in nation will be held in Confederate States district court.
# Offenses committed before the signing of the treaty will not be prosecuted.
Signatories
There were a total of 36 signatories. Commissioner of the Confederate States: Albert Pike Commissioners of the Choctaw Nation: R.M. Jones, Sampson Folsom, Forbis Leflore, Geo. W. Harkins, jr., Allen Wright, Alfred Wade, Coleman Cole, James Riley, Rufus Folsom, William B. Pitchlynn, McKee King, William King, John P. Turnbull, William Bryant. Commissioners of the Chickasaw Nation: Edmund Pickens, Holmes Colbert, James Gamble, Joel Kemp, William Kemp, Winchester Colbert, Henry C. Colbert, James N. McLish, Martin W. Allen, John M. Johnson, Samuel Colbert, A. Alexander, Wilson Frazier, C. Columbus, Ashalatobbe, John E. Anderson.Aftermath
From about 1865 to 1918, Mississippi Choctaws were largely ignored by governmental, health, and educational services and fell into obscurity. In the aftermath of the Civil War, their issues were pushed aside in the struggle between defeated Confederates, freedmen and Union sympathizers. The Confederacy's loss was also the Choctaw Nation's loss. The Choctaw Nation, in what would be Oklahoma, kept slavery until 1866. After the Civil War, they were required by treaty with the United States to free the slaves within their nation. Former slaves of the Choctaw Nation were called the Choctaw Freedmen. After considerable debate, Choctaw Freedmen were granted Choctaw Nation citizenship in 1885. In post-war treaties, the US government also acquired land in the western part of the territory and access rights for railroads to be built across Indian Territory.See also
* List of Choctaw Treaties *List of treaties of the Confederate States of America
This is a list of treaties of the Confederate States of America.
The Confederate States of America (CSA) was not officially recognized as a sovereign state by any foreign nation. Thus, the CSA did not enter into any bilateral or multilateral trea ...
References
Further reading
* Matthews, James M.The Statutes at Large of the Provisional Government of the Confederate States of America
', 1864;
External links
Confederacy signs treaties with Choctaw and Chickasaw Tribes
Oklahoma Digital Maps: Digital Collections of Oklahoma and Indian Territory
{{Authority control 1861 in the Confederate States of America 1861 treaties July 1861 events Native American history of Oklahoma Native Americans in the American Civil War Oklahoma Territory Pre-statehood history of Oklahoma Treaties of the Confederate States of America Choctaw Chickasaw Choctaw and United States treaties