COMPACT BETWEEN THE SEVERAL TRIBES OF INDIANS Concluded July 3, 1843. SUMMARY. ARTICLE I. I. Preamble. Guaranteeing Peace and Friendhsip. Civil Rights Guaranteed. Agreement for Unanimous Consent to Relinqiush Title Conferring Certain Rights to Punish for Crime. Sec. Sec. II. Rights of Citizenship Adoption. Rights of Requisition Recognized. Jurisdiction Defined. Introduction of Ardent Spirits Prohibited. SUPPLEMENTAL CONTRACT. "The Muskogee Agreement." Concluded October 7th, 1884. ARTICLE I. Reaffirming Original Compact. "Seizure and Confiscation. -Agreement Temporarily Suspended. Jurisdiction over Debts and Contracts Extended. Extending Trade Rights. ARTICLE II. AGREEMENT WITH DELAWARES. Concluded April 8th, 1867. ARTICLE III. AGREEMENT BETWEEN THE SHAWNEES AND CHEROKEES Concluded June 9th, 1869. ARTICLE I. Sec. 1. The removal of the Indian tribes from the homes of their fathers, east of the Mississippi, has there extinguished our ancient council fires and changed our position in regard to each other; and Whereas, by the solemn pledge of treaties, we are assured by the government of the United States, that the lands we now possess shall be the undisturbed home of ourselves and our posterity forever; therefore, we, the authorized representatives of the several nations, parties hereunto, assembled around the great council fire kindled in the west at Tahlequah, in order to preserve the relations between our several communities, to secure to all their respective rights and to promote the general welfare, do enter into the following compact: Sec. 2. Peace and friendship shall forever be maintained between the nations, parties to this compact, and between their respective citizens. Sec. 3. Revenge shall not be cherished, nor retaliation practiced, for offenses committed by individuals. Sec. 4. To provide for the improvement of our people in agriculture, manufactures, and other domestic arts, adapted to promote the comfort and happiness of our women and children, a fixed and permanent location on our lands is an indispensable condition. In order, therefore, to secure these important objects, to prevent any future removal, and to transmit to our posterity an unimpaired title to the lands guaranteed to our respective nations by the United States, we hereby solemnly pledge ourselves to each other, that no nation, party to this compact, shall, without the consent of all the other parties, cede, or in any manner alienate, to the United States, any part of their present territory. Sec. 5. If a citizen of one nation commits wilful murder or other crime, within the limits of another nation, party thereto, he shall be subject to the same treatment as if he was a citizen of that nation. Sec. 6. In cases of property stolen, or taken by force or fraud, the property, if found shall be restored to the owner; but if not found, the convicted person shall pay the full value thereof. Sec. 7. If a citizen of any nation, party to this compact, shall commit murder or other crime, and flee from justice into the territory of any other nation, party hereto, such criminal shall, on demand of the Principal Chief of the Nation from which he fled (accompanied with reasonable proof of his guilt) be delivered up to the authorities of the nation having jurisdiction of the crime. Sec. 8. We further agree that if any one of our respective citizens shall commit murder, or other crime, upon the person of any other citizen, in any place beyond the limits of our several territories, the person so offending shall be subject to the same treatment, as if the offense had been committed within the limits of his own nation. Sec. 9. Any citizen of one nation may be admitted to citizenship in any other nation, party thereto, by consent of the proper authorities of such nation. Sec. 10. The use of ardent spirits being a fruitful source of crime and misfortune, we recommend its suppression within our respective limits, and agree that no citizen of one nation shall introduce it into the territory of any other nation, party to this compact. Done in general council, around the Great Council Fire at Tahlequah, Cherokee Nation, this the third day of July, 1843. Representatives of the Cherokees: Hair Conrad, his X mark. Samuel Downing, his X mark. Turtie Fields, his X mark. Stop, his X mark. Thomas Foreman. J. Vann. Archibald Campbell, his X mark. Michael Waters. John Looney, his X mark. George Lowery. Thomas Woodward, his X mark. Tobacco Will, his X mark. Dutch, his X mark, Charles Coodey. Representatives of the Creeks: Tus-ta-nug-gee-mathla, his X mark. Oak-ceen-harjo, his X mark. Representatives of the Osages: Alexander Chouteau, Osage Int.. Black Dog, his X mark. Shinka-wa-sha, or Belbazo, his X mark. Gra-tam-e-sah, his X mark. CHARLES COODEY, President National Committee. JAMES M. PAYNE, Speaker National Council. Be it known that the National Council of the Cherokee Nation, in annual Council convened, have this day approved and confirmed the within articles of a compact, entered into this day and date therein named, by the authorized representatives of the Nations, parties thereunto. Done in National Council, at Tahlequah, Cherokee Nation, this second day of November, A. D., one thousand eight hundred and fortythree. Approved: JNO. ROSS. SUPPLEMENTAL ARTICLES TO THE "COMPACT" between the Creeks and the Cherokees, agreed upon by the delegates of the respective nations at Muskogee, I. T., in convention called by Principal Chiefs of the nations on the 7th day of October. 1884, to-wit: 1st. The provisions of the compact entered into at Tahlequah, Cherokee Nation, on the 3rd day of July 1843, between the authorities of the Cherokee, Creek and Osage Nations, are hereby renewed and re-affirmed. 2nd. That so much of the laws of the Muskogee Nation as in their operation of enforcement, subject to seizure and confiscation the property of any citizen of the Cherokee Nation, shall be and remain suspended so far as such Cherokee citizen is concerned, until the first day of August, 1885; and the owners of such property, unless otherwise authorized by the laws of the Muskogee Nation to longer remain within the limits of said nation, shall be allowed until that time to dispose of or remove their houses or other property without said Muskogee Nation. But in case such persons, at the expiration of such time, shall have failed to dispose of or remove their property, the same shall be subject to be disposed of according to the provisions of law relating thereto in force in the Muskogee Nation. 3rd. That remedy at law for the recovery of any debt or the enforcement of any contract, or to secure any right or demand held by the citizen of one nation against a citizen of the other nation, or a citizen of the same nation residing in the other nation, shall be the same in all respects as between citizens within their own nations-the subject of this provision being to open the courts of the two nations fully to the citizens of each. 4th. The legislative authorities of the two nations, parties to this compact, may regulate by law the time, manner and conditions upon which the citizens of the nation may be allowed to reside temporarily within its limits for the purpose of trade, stock raising, farming or for other business or pleasure; and certificates signed by the Principal Chief and attested by the seal of the nation to which the person availing himself of the benefit of any law regulating such privileges, (belongs) shall be taken and held as "prima facie" evidence of the citizenship of such person. Be it enacted by the National Council, that the Articles Supplementary to the Compact of 1843 between the Cherokees, Creeks and Osages, four in number, agreed to by and between delegates of the Cherokee and Muskogee Nations respectively, at Muskogee, I. T., on the 9th day of October, 1884, and submitted by the delegates through the Principal Chief to the National Council of the same for their decision in regard thereto, as the said supplementary articles are embraced and set forth in the above copy thereof. be, and the same are hereby ratified and declared to be in full force and effect as a part of the compact between the two said nations, from and after the date when the said articles, so hereby ratified, shall be confirmed by the National Council of the Muskogee Nation, as jointly recommended by the said delegation of the two nations and submitted for that purpose.-(December 13, 1884.) ARTICLE II. ARTICLES OF AGREMENT WITH THE DELEWARES Made on this 8th day of April, A. D., 1867, between the Cherokee Nation, represented by William P. Ross, Principal Chief, Riley Keys and Jesse Bushyhead, delegates duly authorized parties of the first part, and the Delaware Tribe of Indians, represented by John Connor, Principal Chief, Charles Journeycake, Assistant Cihef, Isaac Journeycake and John Sarcoxie, delegates for and in behalf of said Delaware tribe, duly authorized, witnesseth: WHEREAS, by the 15th articles of a certain treaty between the United States and the Cherokee Nation, ratified August 11, 1866, certain terms were provided, under which friendly Indians might be settled upon unoccupied lands in the Cherokee country, east of the line of 96 degrees of west longitude, the price to be paid for such lands to be agreed on by the Indians to be thus located and the Cherokee Nation, subject to the approval of the President of the United States and the Deleware tribe of Indians, ratified August 10th, 1866, the removal of the said Delawares to the Indian country South of Kansas was provided for, and in the 4th article whereof an agreement was made by the United States to sell the Delawares a tract of land. being part of a tract the cession of which by the Cherokees to the United States was then contemplated; and whereas, a full and free conference has been held between the representatives of the Cherokees and the Delawares, in view of the treaties herein 318 Now, therefore, it is agreed between the parties hereto, subject to the approval of the President of the United States, as follows: referred to, looking to a location of the Delawares upon the Cherokee lands, and their consolidation with the Cherokee Nation: The Cherokees, parties of the first part, for and in consideration of certain payments, and the fulfillment of certain conditions hereinafter mentioned, agree to sell to the Delawares, for their occupancy, a quantity of land west of the line 96 degrees west longitude, in the aggregate equal to 160 acres of land for each individual of the Delaware tribe who has been enrolled upon a certain register made February 18, 1867, by the Delaware agent, and on file in the office of Indian affairs, being the list of the Delawares who elect to move to the Indian country, to which list may be added, only with the consent of the Delaware Council the names of such other Delawares as may, within one month after the signing of this agreement, desire to be added thereto; and the selections of the land to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee reservation east of the said line of 96 degrees, not already selected and in possession of other parties; and in case the Cherokee lands shall be hereafter allotted among the members of said Nation, it is agreed that the aggregate amount of land herein provided for the Delawares, to include their improvements according to the legal subdivisions, when surveys are made, (that is to say, 160 acres for each individual,) shall be guaranteed to each Delaware incorporated by these articles into the Cherokee Nation; nor shall the continued ownership and occupancy of said land by any Delaware so registered be interfered with in any manner whatever without his consent, but shall be subject to the same conditions and restrictions as are by the laws of the Cherokee Nation imposed upon the native citizens thereof; provided, that nothing herein shall confer the right to alienate, convey or dispose of any such lands, except in accordance with the constitution and laws of said Cherokee Nation. And the said Delawares, parties of the second part, agree that there shall be paid to the said Cherokees, from the Delaware funds, now held or hereafter received by the United States, a sum of money equal to one dollar per acre, for the whole amount of 160 acres of land, for every individual Delaware who has already been registered upon the aforesaid list, made February 18, 1867, with the additions thereto, heretofore provided for. And the Secretary of the Interior is authorized and requested to sell any United States stocks belonging to the Delawares to procure funds nécessary to pay for said land; but, in case he shall not feel authorized under existing treaties, to sell such bonds belonging to the Delawares, it And the said is agreed that he may transfer such United States bonds to the Cherokee Nation, at their market value at the date of such transfer. sum of Delawares further agree, that there shall be paid from their funds, now and hereafter to come into possession of the United States, a money, which shall sustain the same proportion to the existing Cherokee National fund, that the number of Delawares registered above mentioned, and removing to the Indian country, sustains to the whole number of And for the purpose of asCherokees residing in the Cherokee Nation. certaining such relative numbers, the registers of the Delawares herein referred to, with such additions as may be made within one month from the signing of this agreement, shall be the basis of calculation as to the Delawares; and an accurate census of the Cherokees, residing in the Cherokee Nation, shall be taken under the laws of that Nation, within four And months and properly certified copies thereof filed in the office of Indian Affairs, which shall be the basis of calculation as to the Cherokees. that there may be no doubt hereafter, as to the amount to be contributed to the Cherokee National fund by the Delawares, it is hereby agreed, by the parties hereto, that the whole of the invested funds of the Cherokees, after deducting all just claims thereon is $678,000, the sum of $1,000,000 being the estimated value of the Cherokee neutral lands in Kansas, thus |