Some Choctaws identified with the Southern cause and a few owned slaves. In addition, they well remembered and resented the Indian removals from thirty years earlier and poor service they received from the federal government. The main reason the Choctaw Nation agreed to sign the treaty, however, was for protection from regional tribes.
But, [Colonel Emory], as soon as the Confederate troops had entered our country, at once abandoned us and the fort; ... By this act the United States abandoned the Choctaws and Chickasaws.
— Julius Folsom, September 5, 1891, letter to H. B. Cushman
The Congress of the Confederate States of America, having by "An act for the protection of certain Indian tribes," approved the twenty-first day of May, in the year of our Lord, one thousand eight hundred and sixty-one, offered to assume and accept the protectorate of the several nations and tribes of Indians occupying the country west of Arkansas and Missouri, and recognized them as their wards, subject to all the right, privileges and immunities, titles and guarantees with each of said nation and tribes under treaties made with them by the United States of America; and the Choctaw and Chickasaw Nations of Indians having each asseuted thereto, upon certain terms and conditions; ...
Allen Wright was one of the Commissioners for the Choctaw Nation. Wright, a scholar who compiled a Choctaw dictionary, is credited with creating the state name Red People or Oklahoma.
Holmes Colbert was a commissioner for the Chickasaw Nation. Colbert developed the Chickasaw Nation's constitution in the 1850s.
The treaty had 64 terms. The following abbreviated terms of the treaty were:
Perpetual peace and friendship
Protection provided by the Confederacy
Confederacy will not abandon or desert them
Boundaries defined continued
Safe passage for Choctaws through Chickasaw district
Choctaw and Chickasaw nations to give full assent to the provisions of the act of the Confederacy
Confederacy solemnly guarantees the lands held by the Choctaws and Chickasaws forever
Land never will be sold
No state or territory laws of the Confederacy will be passed for the Choctaws and Chickasaws governments
Confederacy renews leased area from the United States
Indians in the leased area shall be subject to Confederacy laws until they are capable of self-government or subjected to Choctaw and Chickasaw laws.
Confederacy waterways are free to Choctaw and Chickasaw nations.
Choctaw and Chickasaw nations have unrestricted right of self-government
Intruders in Choctaw or Chickasaw nations subjected to removal by the nations or the Confederacy
Land tracts set aside for Confederacy agencies
Confederacy forts in Choctaw and Chickasaw country
Confederacy right of way for railroads, telegraph lines
No Settlements or farms near forts, posts, or agencies
Appointments for Confederacy agent and interpreter
Protection from other domestric strife, white or Indian hostilities
Legal assistance, intrusion prevention, and removal of dangerous or improper persons
Property thief and recovery and payments for property not found
Licensed traders approved by National Council and trading taxed
United States laws removed that regulated Choctaw or Chickasaw selling
Choctaws and Chickasaws can take, hold and pass, purchase or descent lands in any of the Confederate States
Choctaws and Chickasaws are entitled to one representative in the House of Representatives of the Confederate States of America
Choctaw and Chickasaw country may be admitted as a state when they elect to do so and become citizens in the Confederate States of America
Land sales proceeds belong to members of the Choctaw and Chickasaw
If Creek, Seminole, and Cherokee desire to become part of the Confederate States of America, then their countries maybe annexed to become part of the Choctaw and Chickasaw confederate state
Choctaw and Chickasaw Nations may incorporate and determine who may be citizens of their respective nation
Confederate citizens trying to settle Choctaw and Chicaksaw Nations forfeits protection of the Confederate States and maybe uncruely punished by said nations
Confederate citizens may not pasture stock on Choctaw or Chickasaw Nations. Confederate citizens may peaceable pass thru Choctaw or Chickasaw Nations, and the Choctaws and Chickasaws have the same privileges in the Confederate States.
Violators of laws shall be removed.
Movement and settlement rights, voting rights, and prosecution in each nations courts.
Return of criminals between Choctaw/Chickasaw Nations and Confederate State of America.
Creation of a Confederate States district court called Tush-ca-hom-ma to carry out the provisions of this treaty.
Acts of Congress of the United States will be continued by the Confederate States, provide the common defense and welfare, district court shall have exclusive jurisdiction.
Tush-ca-hom-ma district shall have the same admiralty jurisdiction as other district courts of the Confederate States.
Trials for offenses in nation will be held in Confederate States district court.
Offenses committed before the signing of the treaty will not be prosecuted.