War of the Rebellion: Serial 127 Page 0678 CORRESPONDENCE, ETC.

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of the Confederate States, or of any State thereof who may be found within its limits, on demand of any proper officer of the State or of the Confederate States; and in like manner any person duly charged with a criminal offense against the laws of the Cherokee Nation, and escaping into the jurisdiction of a State, shall be promptly surrendered, on demand of the Executive of the nation.

ART. XXXIII. Whenever any person who is a member of the Cherokee Nation shall be indicted for any offense in any court of the Confederate States, or of a State, he shall be entitled, as of common right, to subpoena, and, if necessary, to compulsory process for all such witnesses in his behalf as his counsel may think necessary for his defense; and the cost 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, 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 his 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. XXXIV. The provisions of all such acts of the 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 provisions 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 Cherokee Nation; and shall also apply to all cases of escape of fugitive slaves from the said Cherokee Nation 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 their had escaped from another State and the mode of procedurT. XXXV. All persons who are members of the Cherokee Nation shall hereafter be competent as witnesses in all case, civil and criminal, in the courts of the Confederate States, unless rendered incompetent from some other cause than their Indian blood or descent.

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

ART. XXXVII. It is hereby declared and agreed that the institution of slavery in the said nation is legal and has existed from time immemorial; that slaves are taken and esteemed to be personal property; that the title to slaves and other property having its origin in the said nation shall be determined by the laws and customs thereof, and that the slaves and other personal property of every person domiclined in said nation shall pass and be distributed at his or her death in accordance with the laws, usages, and customs of the said nation, which may be proved like foreign laws, usages, and customs, and shall every where be held binding within the scope of their operations.

ART. XXXVIII. No ex post facto law, or law impairing the obligation of contracts, shall ever be enacted by the legislative authority of