The American Indian as Slaveholder and Seccessionist: An Omitted Chapter in the Diplomatic History of the Southern ConfederacyAbel, Annie Heloise
History
The American Indian as Slaveholder and Seccessionist: An Omitted Chapter in the Diplomatic History of the Southern Confederacy
Abel, Annie Heloise
Indian Territory; Slavery -- United States; United States -- History -- Civil War, 1861-1865
ARTICLE XXIX. The provisions of all such acts of Congress of the
Confederate States as may now be in force, or may hereafter be
enacted, for the purpose of carrying into effect the provision of the
constitution in regard to the re-delivery or return of fugitive
slaves, or fugitives from labour and service, shall extend to, and be
in full force within the said Creek Nation; and shall also apply to
all cases of escape of fugitive slaves from the said Creek Nation into
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 [p. 296].
ARTICLE XXXII. It is hereby declared and agreed that the institution
of slavery in the said nation is legal and has existed from time
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 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 the laws, usages and customs of the said nation, which
may be proved like foreign laws, usages & customs, and shall
everywhere be held valid and binding within the scope of their
operation [p. 296].
[285] P. 369.
[286] Article XVII of the Cherokee Treaty [p. 399].
[287]
ARTICLE XV (Creek Treaty). The Confederate States shall protect the
Creeks from domestic strife, from hostile invasion, and from
aggression by other Indians and white persons not subject to the
jurisdiction and laws of the Creek Nation, and for all injuries
resulting from such invasion or aggression, full indemnity is hereby
guaranteed to the party or parties injured, out of the 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 [p. 293].
See also Article XXI of the Choctaw and Chickasaw Treaty and Article XV of
the Seminole Treaty.
[288] Manypenny to Dean, November 30, 1855 [Indian Office, _Letter Book_,
no. 53, pp. 94-95]. Dean to Manypenny, December 25, 1855 [_Letter Press
Book_].
[289] Compare Article XX of the Cherokee Treaty and Article XXIV of the
Choctaw and Chickasaw Treaty with Article XVI of the Creek Treaty and all
of these with Article XVI of the Seminole Treaty.
[290] See, for example, Article XVIII of the Seminole Treaty [p. 336].
[291] One other important right was conceded and that was the right of
free transit. The concession is well stated in the Creek Treaty and occurs
in connection with a prohibition against the pasturing of stock by
outsiders within the Creek country.
Public-domain text, read in full here on John Shaqi.
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