Page:United States Statutes at Large Volume 14.djvu/809

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TREATY WITH THE CHOCTAWS AND CHICKASAWS. APRIL 28, 1866. 779 legislatures of said nations, not exceeding one dollar per acre, to be divided between the said nations in the proportion of one fourth to the Chickasaw nation, and three fourths to the Choctaw nation, with the understanding that at the expiration of twelve months the actual number of said immigrating Indians shall be ascertained, and the amount paid that may be actually due at the rate aforesaid; and should still further immigrations take place from among said Kansas Indians, still further pay- ments shall be made accordingly from time to time. ARTICLE XXXVIII. Every white person who, having married a White persona Choctaw or Chickasaw, resides in the said Choctaw or Chickasaw nation, :{!f""’Y'“§iI“‘.d or who has been adopted by the legislative authorities, is to be deemed a ttigiitliltie if: - member of said nation, and shall be subject to the laws of the Choctaw and *0**, 0* ¤·d°P*¤d· Chickasaw nations according to his domicile, and to prosecution and trial  :',§'{;l;,°;:d before their tribunals, and to punishment according to their laws in all subject to its respects as though he was a native Choctaw or Chickasaw. laws- Amiouz XXXIX. No person shall be licensed to trade with the Liceumm Cheetaws or Chickasaws except by the agent, with the advice and consent *""l°· of the legislative authorities of the nation he may propose to trade in; but no license shall be required to authorize any member of the Choctaw or Chickasaw nations to trade in the Choctaw or Chickasaw country who }`>m?¤;_n;ggt‘ is authorized by the proper authority of the nation, nor to authorize i l Choctaws or Chickasaws to sell flour, meal, meat, fruit, and other provisions, stock, wagons, agricultural implements} or tools brought from the United States into the said country. Amrcnm XL. All restrictions contained in any treaty heretofore Treaty remade, or in any regulation of the United States upon the sale or other ;;‘i;‘;‘g’t£";_€g:u disposition of personal chattel property by Choctaws or Chickasaws, are pmpmypm. hereby removed. A ¤¤<>v¤d· Anricuz XLI. All persons who are members of the Choctaw or Witnesses. Chickasaw nations, and are not otherwise disqualified or disabled, shall hereafter be competent witnesses in all civil and criminal suits and proceedings in any courts of the United States, any law to the contrary notwithstanding. ARTIZICLE] XLII. The Choctaw and Chickasaw nations shall deliver S_ug·re¤dcr of up persons accused of crime against the United States, or any of them, l";§;f;°“ f"°’“ who may be found within their limits, on the requisition of the governor', Améndmsm, of any State, or of the United States. Pm, p. wsa. AnT[1cLxc] XLIII. The United States promise and agree that no white No white porperson, except officere, agents, and employés of the government, and of :g'Lgxzl:;*m°‘E any internal improvement company, or persons travelling through, or tem- to go gm, said porarily sojourning in, the said nations, or either of them, shall be per- g¤‘¤‘i¤<>f.>’»¤¤l¤¤¤» mitted to go into said territory, unless formally incorporated and natural- °’ ized by the joint action of the authorities of both nations into one of the said nations of Choctaws and Chiekasaws, according to their laws, customs, or usages; but this article is not to be construed to affect parties heretofore adopted, or to prevent the employment temporarily of white persons who are teachers, mechanics, or skilled in agriculture, or to prevent the legislative autlnorities of the respective nations from authorizing such works of internal improvement as they may deem essential to the welfare and prosperity of the community, or be taken to interferewith or invalidate any action which has heretofore been had in this connection by either 0f the said nations. An·r[rcr.e] XLIV. Post otfiées shall be established and maintained (I;¢>¤*9E<=¤¤ by the United States at convenient places in the Choctaw and Chickasaw °° mm ° nations, to and from which the mails shall be carried at reasonable intervals, at the rates of postage prevailing in the United States. Awrficnz] XLV. All the rights, privileges, and immunities hereto- 5'Q*m¤¤‘ rjghfl fore possessed by said nations or individuals thereof, or to which they ;'¥n;;”f3;;;;°; were entitled under the treaties and legislation heretofore made and had remain in tome.