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
Because it was a matter of expediency and not because it was a principle
that it believed in, otherwise it would have given it to the weak tribes
as well as to the strong, the Confederacy gave to the Indians of the great
tribes, but not to all in exactly the same measure,[289] the control of
their own trade. It did not do away with the post trader, as it ought to
have done in order to make its reform complete, but it did deprive him of
his monopoly privileges. It hedged his license about with
restrictions,[290] made it subject, on complaint of the Indian and in the
event of arrearages, to revocation; and, to all of the great tribes except
the Seminoles, it gave the power of taxing his goods, his stock in trade,
usually a rather paltry outfit. No better precaution could have possibly
been devised against exorbitant charging. An ad valorem tax would most
certainly have quite eliminated the fifty, the one hundred, and the two
hundred per cents of profit. As a matter of fact, the extravagantly high
prices of the ordinary Indian trader would be, for most persons,
positively prohibitive. The Confederacy further bound itself to pay to the
Indians an annual compensation for the land and timber used by the trader.
The questions settled as between the several states and the Indian tribes
were chiefly[291] of property rights and of civil and criminal rights and
procedure. In addition to their property right in slaves, the Indians were
at last admitted to have a possible right in other things, in land, for
instance, that might lie within the limits of a state. This they were
henceforth to hold, dispose of as they pleased, and bequeath by will.[292]
Restrictions, likewise, upon their power freely to dispose of their
chattels,[293] were removed, a coördinate concession, but one that did not
so much affect their relations with a given individual state as their
relations with the central government. To such[294] of the Indians as were
not to be brought within the jurisdiction of the Confederate States
District Courts[295] that were to be created within the Indian country,
the right was given to sue and to implead in any of the courts of the
several states. To Indians generally of the great tribes was given the
right to be held competent as witnesses[296] in state courts, and, if
indicted there themselves, to subpoena witnesses and to employ
counsel.[297] The Cherokees, the Choctaws, and the Chickasaws were also
granted the right of recovery[298] as against citizens of the Confederate
States. Should recovery not be possible, the Confederacy was to stand the
loss. But more than anything else reciprocal right of extradition was
henceforth to be accorded. This was to exist as between tribe and
tribe[299] and, with some slight exceptions, as between tribe and state.
An examination of the various treaties reveals a steady development in the
matter of this concession. The Creek Treaty,[300] which was the first to
Public-domain text, read in full here on John Shaqi.
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