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The Treaty of 1866 and the Long Fight for Black Belonging in the Choctaw and Chickasaw Nations

Item set

This module highlights the complex path to emancipation and tribal citizenship for enslaved and freed Black people in the Choctaw and Chickasaw Nations. It brings together federal Indian treaty law, tribal law, and the legal actions of Choctaw and Chickasaw Freedmen themselves to narrate the complicated legal statuses of freed slaves from both tribes from the Civil War to the present.

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  • An Act to Adopt the Negroes of the Chickasaw Nation
    This tribal law, which was adopted by the Chickasaw Nation on January 10, 1873, called for the adoption of Chickasaw Freedmen as citizens of the Chickasaw Nation. The law included three primary stipulations for the adoption of Chickasaw Freedmen as tribal citizens: first, that Chickasaw Freedmen be excluded from any financial interests in the $300,000 the tribe would receive and any other tribal invested funds or claims; second, that despite these exclusions from monetary benefits, Chickasaw Freedmen be considered fully subject to the "jurisdiction and laws" of the Chickasaw Nation; and third, that the law would go into effect after being approved "by the proper authority of the United States." The law would not be approved by the U.S. Congress until 1894.
  • Indian Territory with Part of the Adjoining State of Kansas &c.
    The map shows the treaty-designated territories of the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole Nations after the conclusion of the Civil War and the signing of each tribe’s 1866 Treaty. Notably, the territories of each nation were significantly reduced.
  • Treaty with the Choctaw and Chickasaw
    The 1866 Treaty with the Choctaw and Chickasaw was one of a series of treaties between the United States government and each of the "Five Civilized Tribes" (the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole Nations) at the end of the Civil War. The treaty details the stipulations for the Choctaw and Chickasaw Nations to re-establish their allegiance with the U.S. after allying with the Confederate States of America during the Civil War. Among other provisions, the Choctaw and Chickasaw Treaty of 1866 included articles that outlawed slavery within both nations (except as a punishment for crime), provided a pathway for citizenship and civil rights for the Freedmen of both nations, and ceded lands to the United States.