In the afternoon of December twenty-first, the Provisional Congress resumed[396] its consideration of the Indian treaties. The day previous, it had decided upon this order of procedure and had agreed[397] that the Comanche treaties, being of the least importance, should be left to the last. The work of the twenty-first was on the judicial clauses and, on the question of the qualification of the Indians to be competent witnesses in civil and criminal suits. Article XXXVI[398] of the Osage Treaty, dealing with the right to subpoena witnesses and to have counsel, seemed likely to create prejudice.[399] At length Waul of Texas suggested[400] that Commissioner Pike be invited to be present at future sessions in order that some very necessary explanations of scope, of motives, and of reasons might be forthcoming. In the end, the only changes made in the grant of judicial privileges were along the line of safe-guarding the existing rights of the individual states. In illustration of this, take the Choctaw and Chickasaw Treaty as typical of all of the treaties of the First Class. Articles XLIII and XLIV were amended. To the former was added, And the Confederate States will request the several States of the Confederacy to adopt and enact the provisions of this article, in respect to suits and proceedings in their several courts.[401] From the latter, the phrase, "or of a State," was stricken out and this substitution made; "or of a State, subject to the laws of the State."[402] On the whole, the Indian treaties took up a very large share of the attention of the Confederate Congress throughout the month of December; and, after debate, President Davis's advice in every particular was followed, even to the assumption of the pecuniary obligations. On the twenty-third of December, Johnson reported[403] back the treaty with the Cherokees and some of its clauses were then considered. On the same day, Johnson offered[404] a resolution of ratification for the Seminole Treaty and it was unanimously adopted, the same changes identically having been made in the treaty as had been made in the Choctaw and Chickasaw in so far as the two treaties corresponded originally with each other. Congress also ratified a supplementary article to the Seminole Treaty. The last of the month, the Comanche treaties were reached[405] and soon pushed through with only very slight modifications. Then came the final consideration of the treaty with the Creek Indians. It was ratified[406] with the customary amendments the same day. The Quapaw Treaty came[407] next and with its congressional ratification, the work of diplomatically securing the Indians was practically done. The later Indian ratification was more or less perfunctory. IV. THE INDIAN NATIONS IN ALLIANCE WITH THE CONFEDERACY