Art. 11. The stipulations of this treaty are to be a full settlement of all claims of said Creek Nation for damages and losses of every kind growing out of the late rebellion and all expenditures by the United States of annuities in clothing and feeding refugee and destitute Indians since the diversion of annuities for that purpose consequent upon the late war with the so-called Confederate States; and the Creeks hereby ratify and confirm all such diversions of annuities heretofore made from the funds of the Creek Nation by the United States, and the United States agrees that no annuities shall be diverted from the objects for which they were originally devoted by treaty stipulations with the Creeks, to the use of refugee and destitute Indians other than the Creeks or members of the Creek Nation after the close of the present fiscal year, June thirtieth, eighteen hundred and sixty-six. Art. 12. The United States re-affirms and re-assumes all obligations of treaty stipulations with the Creek Nation entered into before the treaty of said Creek Nation with the so-called Confederate States, July tenth, eighteen hundred and sixty-one, not inconsistent herewith; and further agrees to renew all payments accruing by force of said treaty stipulations from and after the close of the present fiscal year, June thirtieth, eighteen hundred and sixty-six, except as is provided in article eleventh. Art. 13. A quantity of land not exceeding one hundred and sixty acres, to be selected according to legal subdivision, in one body, and to include their improvements, is hereby granted to every religious society or denomination, which has erected, or which, with the consent of the Indians, may hereafter erect, buildings within the Creek country for missionary purposes; but no land thus granted, nor the buildings which have been or may be erected thereon, shall ever be sold or otherwise disposed of, except with the consent and approval of the Secretary of the Interior; and whenever any such lands or buildings shall be so sold or disposed of, the proceeds thereof shall be applied, under the direction of the Secretary of the Interior, to the support and maintenance of other similar establishments for the benefit of the Creeks and such other persons as may be or may hereafter become members of the tribe acocrding to its laws, customs and usages; and if at any time said improvements shall be abandoned for one year for missionary or educational purposes, all the rights herein granted for missionary and educational purposes shall revert to the said Creek Nation. Art. 14. It is further agreed that all treaties heretofore entered into between the United States and the Creek Nation which are inconsistent with any of the articles or provisions of this treaty shall be, and are hereby, rescinded and annulled; and it is further agreed that ten thousand dollars shall be paid by the United States, or so much thereof as may be necessary, to pay the expenses incurred in negotiating the foregoing treaty. In testimony whereof, we, the commissioners representing the United States and the delegates representing the Creek Nation have hereunto set our hands and seals at the place on the day and year above written. CHARLES E. MIX. J. M. TEBBETTS. GEO. A. REYNOLDS, United States Indian Agent. JOHN B. SANBORN. JOHN F. BROWN, Seminole Delegate. JOHN CHUPCO, his X mark. FOS-HAR-JO, his X mark. CHO-COTE-HUGO, his X mark. R. FIELDS, Cherokee Delegate. WM. PENN ADAIR. HARRY ISLAND, his X mark, United States Interpreter, Creek Nation. SALADIN WATIE. Art. 3. Confiscation laws repealed and former owners restored to their rights. Improvements. Art. 4. Cherokees, freed persons and free negroes may elect to re Art. 5. Art. 6. Art. 8. Art. 9. Art. 10. Art. 13. Art. 15. Art. 16. side where. Those so electing to reside there may elect local officers, judges, etc. Representation in National Council. Unequal laws. Courts. Process. Licenses to trade not to be granted unless, etc. Slavery etc., not to exist. Freedmen. No pay for emancipated slaves. Farm products may be sold. General Council. Census. First general council, how com- Lands for missionary or educational purposes. Not to De Where the United States may settle friendly Indians. Lands. Art. 17. Cession of lands in the United States in trust. Lands to be surveyed and appraised. May be sold to highest bidder. Improvements. Art. 18. Art. 19. Sales by Cherokees of lands in Arkansas. Art. 20. Lands reserved to be surveyed unallotted. Art. 21. Art. 22. Agent of Cherokees to examine accounts, books, etc. Art. 25. Art. 26. Bounties and arrears for services as Indian volunteers. How to be paid. Possession and protection guaranteed. Military posts in Cherokee Nation. Spirituous, etc. liquors, forbidden except, etc. Certain persons prohibited from coming into the nation. Payment for certain provisions and clothing. Art. 28. Art. 29. Expenses of Cherokee delegates. Inconsistent treaty provisions annulled. Execution. Articles of agreement and convention at the city of Washington on the nineteenth day of July, in the Year of Our Lord One Thousand Eight Hundred and Sixty-six, between the United States, represented by Dennis N. Cooley, Commissioner of Indian Affairs, and Elijah Sells, Superintendent of Indian Affairs for the Southern Superintendency, and the Cherokee Nation of Indians, represented by its delegates, James McDaniel, Smith Christie, White Catcher, S. H. Benge, J. B. Jones and Daniel H. Ross, John Ross, principal chief of the Cherokees, being too unwell to join these negotiations. PREAMBLE, Where existing treaties between the United States and the Cherokee Nation are deemed to be insufficient, the said contracting parties agree as follows, viz: Art. 1. The pretended treaty made with the so-called Confederate States by the Cherokee Nation on the seventh day of October, eighteen hundred and sixty-one, and repudiated by the national council of the Cherokee Nation on the eighteenth day of February, eighteen hundred and sixty-three, is hereby declared to be void. Art. 2. Amnesty is hereby declared by the United States and the Cherokee Nation for all crimes and misdemeanors committed by one Cherokee on the person or property of another Cherokee, or of a citizen of the United States, prior to the fourth day of July, eighteen hundreď and sixty-six; and no right of action arising out of wrongs committed in aid or in the suppression of the rebellion shall be prosecuted or maintained in the courts of the United States or in the courts of the Cherokee Nation. But the Cherokee Nation stipulates and agrees to deliver up to the United States, or their duly authorized agent, any or all public property, particularly ordance, ordnance stores, arms of all kinds, and quartermaster's stores, in their possession or control, which belonged to the United States or the so-called Confederate States, without any reservation. Article 3. The confiscation laws of the Cherokee Nation shall be repealed, and the same, and all sales of farms, and improvements on real estate, made or pretended to be made in pursuance thereof, are hereby agreed and dclared to be null and void, and the former owners of such property so sold, their heirs or assigns, shall have the right peaceably to re-occupy their homes, and the purchaser under the confiscation laws, or his heirs or assigns, shall be repaid by the treasurer of the Cherokee Nation from the national funds, the money paid for said property and the cost of permanent improvements on such real estate, made thereon since the confiscation sale; the cost of such improvements to be fixed by a commission, to be composed of one person designated by the Secretary of the Interior and one by the principal chief of the nation, which two may appoint a third in cases of disagreement, which cost so fixed shall be refunded to the national treasurer by the returning Cherokees within three years from the ratification thereof. Article 4. All the Cherokees and freed persons who were formerly slaves to any Cherokees, and all free negroes not having been such slaves, who resided in the Cherokee Nation prior to June first, eighteen hundred and sixty-one, who may within two years elect not to reside northeast of the Arkansas River and southeast of Grand River, shall have the right to settle in and occupy the Canadian district southwest of the Arkansas River, and also all that tract of country lying northwest of Grand River, and bounded on the southeast by Grand River and west by the Creek reservation to the northeast corner thereof; from thence west on the north line of the Creek reservation to the ninety-sixth degree of west longitude; and thence north on said line of longitude so far that a line due east to Grand River will include a quantity of land equal to one hundred and sixty acres for each person who may so elect to reside in the territory above described in this article: Provided, That part of said district north of the Arkansas River shall not be set apart until it shall be found that the Canadian district is not sufficiently large to allow one hundred and sixty acres to each person desiring to obtain settlement under the provisions of this article. Article 5. The inhabitants electing to reside in the district described in the preceeding article shall have the right to elect all their local officers and judges, and the number of delegates to which by their numbers they may be entitled in any general council to be established in the Indian Territory under the provisions of this treaty, as stated in Article XII, and to control all their local affairs, and to establish all necessary police regulations and rules for the administration of justice in said district, not inconsistent with the constitution of the Cherokee Nation or the laws of the United States: Provided, The Cherokees residing in said district shall enjoy all the rights and privileges of other Cherokees who may elect to settle in said district as hereinbefore provided, and shall hold the same rights and privileges and be subject to the same liabilities as those who elect to settle in said district under the provisions of this treaty: Provided, also, That if any police regulations or rules be adopted which, in the opinion of the President, bear oppressively on any citizen of the nation, he may suspend the same. And all rules or regulations in said district, or in any other district of the nation, discriminating against the citizens of other districts, are prohibited and shall be void. Article 6. The inhabitants of the said district hereinbefore described shall be entitled to representation according to numbers in the national council, and all laws of the Cherokee Nation shall be uniform throughout said nation. And should any such law, either in its provisions or in the manner of its enforcement, in the opinion of the President of the United States, operate unjustly or injuriously in said district, he is hereby authorized and empowered to correct such evil, and to adopt the means necessary to secure the impartial administration of justice, as well as a fair and equitable application and expenditure of the national funds as between the people of this and of every other district in said nation. Article 7. The United States court to be created in the Indian Territory; and until such court is created therein, the United States district court, the nearest to the Cherokee Nation, shall have exclusive original jurisdiction of all causes, civil and criminal, wherein an inhabitant of the district hereinbefore described shall be a party, and where an inhabitant outside of said district, in the Cherokee Nation, shall be the other party, as plaintiff or defendant in a civil cause, or shall be defendant or prosecutor in a criminal case, and all process issued in said district court by any officer 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, That any or all the provisions of this treaty, which |