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Show 12 REPORT OF THE COMMISSIONER OF INDIAN AFFdIRS. while the Rms party held aloof, in great independence of spirit, lf,aviug it quite doubtful for some time whether they would consent to treat at all ; claim-ing that as a thoroughly loyal people, who had been fighting the battles of the Union, they were entitled to sole consideration, and that the governmerit could not properly interfere with the independent action of their national cour~cil towards their rebellious citi~ens. TWOde legations, representing these opposing views, came on to Washington, and conference after conference ensued, now with one party-now with the other. Both sides had engaged as counsel gentlemen eminent for legal ability, who appeared in their behalf on many occasions, where the discussions of the im-portant question at issoe were marked with great intereat Draught after draught of treaties was made, and several clearly agreed upon, when some new difference would arise, and all arrangements be overturned. The so-c;rlled southern dele-gates insisted that their people must be separated from thc remainder of the uation-that they could not and would not live with them; while the other party, with whom alone, as holding the national organization, the government could treat, except as a last resort, insisted that the nation should not be divided. About the n~iddle of June, the commissioners, despairi~ig of a satis-factory arrangement with. the national party, made a treaty with the others, whose marked feature was a provision that the souther^^ party, though not formally separated from the nation, should be allowed a certain part of the ter-ritory for their exclusive use and occupancy; they agreeing to sell their right to certain portions of the nalional domain. This treaty was not, however, laid before the Senate; but after another month of negotiation, a treaty was finally concluded on the 19th of July, which, although not entirely satisfactory to any party, was the best possible settlement of the matter attainable. While it par-tially satisfied the national party by continuing the nation, as such, under one conetitntion and government, it nevertheless secures the other party from appre-hended persecution by the national authorities by locating them in a specific part of the domain, and providi~lg that suits between Cherokees belonging to the opposing portions of the people shall be tried,in the United States courts. The general features of the treaty are as follows: 'l'ha treaty made with the rebel St.ates October 7, 1861, is repudiated by the Cherokees. and the novernment nrants an amnest,v for all nast offences. T h Indi.irt5 agree tr, r r p k l hei r roniilcstioa lws , and tlmt [ h i ? outlte~n01 . Wa tk party m. 1 ~nr rttl~i.n a ynn of t l~t i re osntry ktlown as the *.Cat~sdi.ttttl i$trirt," al1k:l.c also HUY of tltr l'reetlmelt mnv l~e a t cll tcm?rlve.: ihc: nortion of rotrntrv set apart for &em amounting to 166 acres for each pe~.son. hose who settie in that part of the domain may select their own judges, and make their own police regulations, and elect delegates to the national council., The President of the United States is to hold she power of reviewing the police regulations made by the council, and all cases between opposing parties belonging to the different portions of the natiou are to be adjudicated in the United States district court nearest the Che~okeec ountry. A United States court is to be established in the territory. All distinctions between the two poltinns of the people may be abrogated by the President at the desire of those parties. No licenses to trade (except in the Canadian district) are to be granted except by consent of the council. Slavery is abolished, and the full rights of the freedmen are acknowledged. The right of way for railroads is secured; consent is given to a general council as in the Seminole treaty. Land is set apart for church and school sites. Provisions are made for the settlement of friendly India~rso f other tribes among the Cherokees in two methods, either by abandoning their own tribal organization and becoming practically a part of the Cherokee nation, and residing in the more compactly settled and eastern part of the domain, or by retaining their tribal existence and settling further west ; in either case land occupied by them to be paid for at piices to be agreed upon between the govern- |
