able compensation for this services, to be fixed by the court and paid upon the certificate of the judge.
ART. XXXVII. It is hereby declared and agreed that the institution of slavery in the said Great and Little Osage tribes is legal, and has existed from time immemorial; that slaves are personal property; that the title to slaves and other property having its origin in the said tribes is to be determined by the laws and customs thereof; and that the slaves and personal property of every person domiciled in the country of the said tribes shall pass and be distributed at his or her death in accordance with the laws, usages, and customs of the said tribes, which may be proved by oral evidence, and shall everywhere be held valid and binding within the scope of their operations. And if any slaves escape from any of said tribes, the laws of the Confederate States for the capture and delivery of fugitive slave shall apply to such cases, whether they escape and delivery of fugitive slaves shall apply to such cases, whether they escape into a State or Territory or into any Indian nation or tribe under the protection of the Confederate States; the obligation upon each such State, Territory, nation, or tribe to deliver up the same being in every case as complete as if they had escaped from a State, and the mode of procedure the same.
ART. XXXVIII. The Great Osage tribe of Indians hereby makes itself a party to the existing war between the Confederate States and the United States of America as the ally and ward of the former; and, in consideration of the protection guaranteed by this treaty and of their common interests, hereby agrees to raise and furnish, whenever they shall be called on, a force of 500 men for the service of the Confederate States, or any less number, who shall receive the same pay and allowances as other troops of the same calls in that service, and remain in the service as long as the President shall require; aeneral or other commanding officer of the Confederate States in the Indian country, who shall receive such compensation as such officer shall fix.
ART. XXXIX. In consideration of the loyalty of the Great Osage tribe and of their readiness to place themselves under the protection of the Confederate States, and of their poverty, and of the great losses in horses and other property sustained by them at the hands of lawless persons for many years, the Confederate States do hereby agree to expend for the benefit of the Great and Little Osage tribes, for the full term of twenty years from the date of this treaty, the sum of $15,000 annually, of which sum $5,000 per annum shall be added to the interest on the school fund of the nation, hereinafter provided for, and $10,000 shall be divided fairly in each year, after the Little Osage tribe shall have united in this convention, between the two tribes in proportion to the number of souls in each; and the said sum of $10,000 shall be divided fairly in each year, after the Little Osage tribe shall have united in this convention, between the two tribes in proportion to the number of souls in each; and the said sum of $10,000 shall, in each year, be applied by the superintendent to the purchase of such articles of clothing, household utensils, blankets, and other articles as shall tend to the comfort of the Osages and encourage them in their endeavors to improve, and which articles the agent shall distribute among them in the same manner and nearly as possible as money would be distributed per capita: Provided, That in the distribution any person may be excluded by him if reported by the chiefs to be worthless, idle, or dissolute, or a bad and mischievous person, and that he may do the same upon his own knowledge, taking care, as far as may, be that only the good and worthy shall be the recipients of the bounty of the Government of the Confederate States.
ART. XL. It is hereby agreed and ascertained that by the sixth article of the treaty with the Greage, of the second