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
Note the development from the corresponding extradition clause in the
earlier treaties of the series. In the Creek and Seminole treaties,
extradition was as between Creeks and Seminoles exclusively. In the
Choctaw and Chickasaw Treaty, it was as between Choctaws and Chickasaws
exclusively. In this treaty of the Cherokees, all the tribes were to be
sharers in the extradition privilege; but it is difficult to understand
how a clause in the Cherokee Treaty could be made legally binding upon
other Indians than Cherokee.
[300] Article XXVI.
[301] It was also a one-sided affair in the treaties of the Second Class.
See Article XXXIV of the Osage Treaty, Article XXV of the Seneca and
Shawnee Treaty, and Article XXV of the Quapaw Treaty.
[302] Article XXXVII of the Choctaw and Chickasaw Treaty [p. 320], and
Article XXXII of the Cherokee Treaty [p. 402].
[303] Article XXXI of the Creek Treaty, Article XLVI of the Choctaw and
Chickasaw Treaty, Article XXXII of the Seminole Treaty, and Article XXXVI
of the Cherokee Treaty. Note that the enjoyment of the privilege by the
Seminole Nation was to be conditioned upon its own establishment of
regular courts.
[304] There were also secret articles to some of the treaties. The
indications are that such secret articles entailed the customary bribery
of chiefs and influential men upon whose support depended successful
negotiation.
[305] Article VII of the Osage Treaty [p. 364].
[306] Article XIII of the Choctaw and Chickasaw Treaty [p. 315].
[307] Article IX of the Cherokee Treaty [p. 397].
[308] Article LXVI of the Creek Treaty, Article XLIV of the Seminole,
Article LIII of the Cherokee.
[309] Article LXIV [p. 330].
[310] Article XL of the Wichita Treaty and Article X of the Comanche.
[311] Article XI of the Creek Treaty, Article XVI of the Choctaw and
Chickasaw Treaty, Article XI of the Seminole Treaty, Article XIII of the
Cherokee Treaty, Article IV of the Osage Treaty, Article V of the Seneca
and Shawnee Treaty, and Article IV of the Quapaw Treaty.
[312] Article XII of the Creek Treaty, Article XVII of the Choctaw and
Chickasaw Treaty, Article XII of the Seminole Treaty, Article XIV of the
Cherokee Treaty, Article V of the Osage Treaty, Article VI of the Seneca
and Shawnee Treaty, and Article V of the Quapaw Treaty. After the war the
posts in certain specified cases were to be garrisoned by native troops.
[313] The reference is the same as the foregoing with two exceptions;
viz., Article XXVIII of the Osage Treaty and Article XX the Quapaw Treaty.
[314] Article XIII of the Creek Treaty, Article XVIII of the Choctaw and
Chickasaw Treaty, and Article XIII of the Seminole Treaty.
[315] The provision in the Osage Treaty was one exception to this. It was
definitely said there that there should be no compensation.
[316] The details of this will come out in the chapter following.
[317]
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