War of the Rebellion: Serial 127 Page 0456 CORRESPONDENCE, ETC.

Search Civil War Official Records

hereby provided for; and until such court is established, in the district court of the Confederate States for the district, or for the western district of Arkansas.

ART. XLII. The district court shall have no jurisdiction to try and punish any person for any offense committed prior to the day of the signing of this treaty; nor shall any action in law or equity be maintained therein except by the Confederate States or one of them, where the cause of action shall have accrued more than three years before the same day of the signing hereof, or before the bringing of the suit.

ART. XLIII. All persons who are members of the Choctaw or Chickasaw Nation, and are not otherwise disqualified or disabled, shall hereafter be competent witnesses in all civil and criminal suits and proceedings in any court in the Confederate States, or any one of the States, any law to the contrary notwithstanding.

ART. XLIV. Whenever any person, who is a member of the Choctaw or Chickasaw Nation, shall be indicted for any offense in any court of the Confederate States, including the district court of the Tush-hom-ma district, or in a State court, he shall be entitled, as of common right, to subpoena and, if necessary, compulsory process for all such witnesses in his behalf as his counsel may think material for his defense; and the costs of process for such witnesses, and of service thereof, and the fees and mileage of such witnesses, shall be paid by the Confederate States, being afterward made, if practicable, in case of conviction, out of the property of the accused. And whenever the accused is not able to employ counsel, the court shall assign him one experienced counsel for h is defense, who shall be paid by the Confederate States a reasonable compensation for his services, to be fixed by the court and paid upon the certificate of the judge.

ART. XLV. The provisions of all such acts of Congress of the Confederate States as may now be in force or as may hereafter be enacted, for the purpose of carrying into effect the provision of the Constitution in regard to the redelivery or return of fugitive slaves or fugitives from labor and service, shall extend to and be in full force within the said Choctaw and Chickasaw Nations; and shall also apply to all cases of escape of fugitive slaves from the Choctaw and Chickasaw Nations into any other Indian nation, or into one of the Confederate States, the obligation upon each such nation or State to redeliver such slaves being in every case as complete as if they had escaped from another State, and the mode of procedure the same.

ART. XLVI. The official acts of all judicial officers in the said nations shall have the same effect and be entitled to like faith and credit everywhere, as like acts of judicial officers of the same grade and jurisdiction in any one of the Confederate States; and the proceedings of the courts and tribunals of the said nations, and the copies of the laws and judicial and other records of the said nations, shall be authenticated like similar proceedings of the courts of the Confederate States, and the laws and office records of tentitled to the like faith and credit.

ART. XLVII. It is hereby declared and agreed that the institution of slavery in the said nations is legal, and has existed from time immemorial; that slaves are taken and deemed to be personal property; that the title to slaves and other property having its origin in the said nations shall be determined by the laws and customs thereof; and that the slaves and other personal property of every person domiciled in said nations shall pass and be distributed at his or her death in accordance with the laws, usages, and customs of the said