Page:United States Statutes at Large Volume 14.djvu/831

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TREATY WITH THE CHEROKEE INDIANS. JULY 19, 1866. 801 habitant outside Hof said disérict, in the Cherokee nation, shall be the other C0¤¤'*¤· art , as plainti or defen ant in a civil cause, or shall be defendant or grosgcutor in a criminal case, and all process issued in said district by any Process. ofiicer of the Cherokee nation, to be executed on an inhabitant residing outside of said district, and all process issued by any officer of the Cherokee nation outside of said district, to be executed on an inhabitant residing in said district, shall be to all intents and purposes null and void, unless indorsed by the district judge for the district where such process is to be served, and said person, so arrested, shall be held in custody by the officer so arresting him, until he shall be delivered over to the United States marshal, or consent to be tried by the Cherokee court: Provided, P1‘¤Vi¤<>~ That any or all the provisions of this treaty, which make any distinction in rights and remedies between the citizens of any district and the citizens of the rest of the nation, shall be abrogated whenever the President shall have ascertained, by an election duly ordered by him, that a majority of the voters of such district desire them to be abrogated, and he shall have declared such abrogation : And provided further, That Proviso. no law or regulation, to be hereafter enacted within said Cherokee nation or any district thereof, prescribing a penalty for its violation, shall take effect or be enforced until after ninety days from the date of its promulgation, either by publication in one or more newspapers of general circulation in said Cherokee nation, or by posting up copies thereof in the Cherokee and English languages in each district where the same is to take effect, at the usual place of holding district courts. ARTICLE VIII. No license to trade in goods, wares, or merchandise Liceusesto merchandise shall be granted by the United States to trade in the Chero- ”¤<}3€*5°;;I°0;>: gee rgtt1or5'unlgssta_pprow*ei1 by l;heuChe3oliee patioplal gomigil, except in ' ie ana tan IS r1c , an suc o ter is ric nor o r ·ansas river and west of Grand river occupied by the so-called southern Cherokees as provided in Article IV. of this treaty. , Anrxcm: IX. The Cherokee nation having, voluntarily, in February, Slavery, 8,, eighteen hundred and sixty-three, by an act of their national council, for- not to exist. ever abolished slavery,_hereb covenant and agree that never hereafter shall either slavery or involunlary servitude exist in their nation otherwise than in the punishment of crime, whereof the party shall have been duly convicted, in accordance with laws applicable to all the members of said tribe alike. They further agree that all frcedmen who have been liberat— Freedman. ed b voluntary act of their former owners or by law, as well as all free colorlld persons who were in the country at the commencement of the rebellion, and are now residents therein, or who may return within six months, and their descendants, shall have all the rights of native Cherokees: Provided, That owners of slaves so emancipated in the Cherokee No nay for nation shall never receive any compensation or pay for the slaves so ;{§€;f‘p“t“d emancipated. i Anricnn X. Every Cherokee and freed person resident in the Chero- Farm products kee nation shall have the right to sell any products of his farm, including may b° S°ld»&°· his or her live stock, or any merchandise or· manufactured products, and to ship and drive the same to market without restraint, paying any tax thereon which is now or may be levied by the United States on the quantity sold outside of the Indian territory. Anrrcms XI. The Cherokee nation hereby grant a right of way not Right ofway exceeding two hundred feet wide, except at stations, switches, water-sta- f" "“‘lf°“dS‘ tions, or crossinvr of rivers, where more may be indispensable to the full enjoyment of tde franchise herein granted, and then only two hundred additional feet shall be taken, and only for such length as may be absolutely necessary, through all their lands, to any company or corporation which shall be duly authorized by Congress to construct a railroad from any point north to any point south, and from any point east to any point west ot, and which may pass through, the Cherokee nation. Said comvor,. xiv. 51