An Act to Adopt the Freedmen of the Choctaw Nation (1883)

An Act
Entitled an Act, to adopt the Freedmen of the Choctaw Nation

Whereas, By the Third and Fourth Articles of the Treaty between the United States and the Choctaw and Chickasaw Nations, concluded April 26, 1866, provision was made for the adoption of laws, rules and regulations, necessary to give all persons of African descent, resident in said Nations, at the date of the Treaty of Fort Smith, September 13th, 1S65, and their descendants formerly held in slavery among said Nations, all the rights, privileges and immunities, including the right of suffrage of citizens of said Nations; except in the annuities, moneys and public domain, claimed by or belonging to said Nations, respectively. And, also, to give to such persons who were residents aforesaid, and their descendants, forty acres each of the lands of said Nations, on the same terms as Choctaws and Chickasaws, to be selected on the survey of said lands; until which said freedmen shall be entitled to as much land as they may cultivate for the support of themselves and families; and whereas, the Choctaw Nation adopted legislation in the form of a memorial to the United States Government, in regard to adopting Freedmen to become citizens of the Choctaw Nation, which was approved by the Principal Chief, November 2d, 1880, setting forth the status of said Freedman, and the inability of the Choctaw Nation to prevail upon the Chickasaws to adopt any joint plan for adopting said Freedmen, and notifying the United States Government of their willingness to accept said Freedmen as citizens of the Choctaw Nation, in accordance with the Third and Fourth Articles of the Treaty of 1866, as a basis; and, whereas, a resolution was passed and approved November 5th, 1880, authorizing the Principal Chief to submit the aforesaid proposition of the Choctaw Nation, to adopt their Freedmen, to the United States Government; and whereas, a resolution was passed and approved November 6th, 1880, to provide for the registration of Freedmen in the Choctaw Nation, authorizing the Principal Chief to appoint three competent persons in each District, citizens of the Nation, whose duty it shall be to register all Freedmen referred to in said Third Article of the Treaty of 1866, who desire to become citizens of the Nation in accordance with said Treaty, and, upon proper notification that the Government of the United States had acted favorably upon the proposition to adopt the Freedmen as citizens, to issue his proclamation, notifying all such Freedmen as desire to become citizens of the Choctaw Nation, to appear before said Commission for identification and registration; and, whereas, the Indian Appropriation Act of Congress, May 7th, 1882, it is provided that either of said tribes may adopt and provide for the Freedmen in said tribe in accordance with said Third Article. Now therefore, 

Section 1. Be it enacted by the General Council of the Choctaw Nation assembled, That all persons of African descent, resident in the Choctaw Nation at the date of the Treaty of Fort Smith, September 13th, 1865, and their descendants formerly held in slavery by the Choctaws or Chickasaws, are hereby declared to be entitled to and invested with all the rights, privileges and immunities, including the right of suffrage, of citizens of the Choctaw Nation, except in the annuity moneys and the public domain of the Nation. 

Sec 2. Be it further enacted, That all said persons of African descent, as aforesaid, and their descendants, shall be allowed the same rights of process, civil and criminal, in the several courts of this Nation, as are allowed to Choctaws, and full protection of person and property is hereby granted to all such persons. 

Sec. 3. Be it further enacted, That all said persons are hereby declared to be entitled to forty acres each of the lands of the Nation, to be selected and held by them under the same title and upon the same terms as the Choctaws, 

Sec. 4. Be it further enacted, That all said persons aforesaid are hereby declared to be entitled to equal educational privileges and facilities with the Choctaws, so far as neighborhood schools are concerned. 

Sec 5. Be it further enacted, That all said persons as shall elect to remove, and do actually and permanently remove from the Nation, are hereby declared to be entitled to one hundred dollars per capita, as provided in said Third Article of the Treaty of 1866. 

Sec 6. Be it further enacted, That all said persons who shall decline to become citizens of the Choctaw Nation, and who do not elect to remove permanently from the Nation, are hereby declared to be intruders on the same footing as other citizens of the United States resident herein, and subject to removal for similar causes. 

Sec 7. Be it further enacted, That intermarriage with such Freedmen of African descent, who were formerly held as slaves of the Choctaws, and have become citizens, shall not confer any rights of citizenship in this Nation, and all Freedmen who have married, or may hereafter marry Freedwomen who have become citizens of the Choctaw Nation, are subject to the permit laws, and allowed to remain during good behavior only. 

Sec. 8. Be it further enacted, That all such persons of African descent, who have become citizens of the Choctaw Nation, shall be entitled to hold any office of trust or profit in this Nation, except the office of Principal Chief and District Chiefs. 

Sec. 9. Be it further enacted, That the National Secretary shall furnish a certified copy of this act to the Secretary of the Interior. And this act shall take effect and be in force from and after its passage. 

Approved May 21, 1883. 

J. F. McCurtain, 
Principal Chief Choctaw Nation. 

I hereby certify that the foregoing act in reference to adopting Freedmen as citizens, is a true and correct copy from the original bill. 

In testimony whereof I have hereunto set my hand and affixed the seal of the Choctaw Nation, this, 22d day of May, 1883. 

Thompson McKinney, 
National Secretary Choctaw Nation.