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
The nationality of the great tribes, or more properly speaking, their
political importance, was still further recognized by clauses
guaranteeing territorial and political integrity,[263] representation by
delegates[264] in the Confederate Congress, and the prospect[265] of
ultimate statehood. The guarantee of territorial integrity was, of a
certainty, not new. It had been inserted into various removal treaties as
a safeguard against a repetition of the injustice that had been meted out
to the Indians by the Southern States in Jackson's day. It comprised, in
effect, a solemn promise that no state or territorial lines should ever
again circumscribe the particular domain of the Indian nation securing the
guarantee; and that state or territorial laws, as the case might be,
should have no operation within the Indian country. The idea of
congressional representation[266] was also not new, but where it had
previously been but a promise or a mere contingency, it was now an assured
fact, a thing definitely provided for. Ultimate statehood had, however,
attached to it the old time elements of uncertainty, which is not at all
surprising, considering that Walker, in his instructions[267] to Hubbard,
had positively spoken against it.
All the treaties, without distinction of class, recognized the land rights
of the Indians and their existing territorial limits, but with the usual
restriction upon alienation to foreign powers. A sale or cession to a
foreign state, without the consent of the Confederate States, was to
result in forfeiture and reversion to the Confederate States. By the
Choctaw and Chickasaw Treaty, the arrangement,[268] already satisfactorily
reached, for a Chickasaw country distinct from a Choctaw was continued,
the Indians of both tribes being given the privilege of having their
particular land surveyed and sectionized whenever they might so please,
provided it be done by regular legislative process.[269] The same treaty
transferred[270] the lease of the Wichita Reserve from the United to the
Confederate States and limited it to ninety-nine years. Practically the
same bands of Indians were to be accommodated in this Leased District as
before; namely, those whose permanent ranges were south of the Canadian or
between it and the Arkansas. The New Mexican Indians were still to be
absolutely excluded. The Choctaw and Chickasaw Indians reserved the right
to pass upon the accommodation of any other Indians than those
specifically mentioned in the treaty. The individual bands, so
accommodated in the Leased District, were to be settled upon reserves and
to hold the same in fee. Finally, the treaty placed,[271] for the time
being, the Wichitas and their fellow reservees exclusively under the
control of the Confederate States with a limited jurisdiction resting in
the Choctaw Nation and a full right of settlement in Choctaws and
Chickasaws.
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