[259] Although the Creek Treaty was negotiated July tenth and was the first to be negotiated, Dole was ignorant of its existence as late as October second [Report, 1861, 39], which only goes to prove how very slight was the Federal communication with Indian Territory through all that critical time.
[260] President Davis, in his message of December 12, 1861, said,
Considering this act as a declaration by Congress of our future policy in relation to those Indians, a copy of that act was transmitted to the commissioner and he was directed to consider it as his instructions in the contemplated negotiation. [Richardson, Messages and Papers of the Confederacy, vol. i, 149; Official Records, fourth ser., vol. i, 785.]
[261] All the treaties of the First Class contain a Preamble, lacking in the others, which specifically outlines the assumption of the protectorate. In addition, those same treaties have a special clause accepting the full force of the Act of May twenty-first.
All references to these treaties, unless otherwise noted, will be page references to the treaties as found in the Statutes at Large of the Provisional Government of the Confederate States of America.
[262] See Creek Treaty, Articles II and IV, pp. 289, 290; Choctaw and Chickasaw Treaty, Articles II and VII, pp. 312, 313; Seminole Treaty, Articles II and IV, Pp. 332, 333; Cherokee Treaty, Articles II and V, pp. 395, 396.
Article viii (Creek Treaty). The Confederate States of America do hereby solemnly agree and bind themselves that no State or Territory shall ever pass laws for the government of the Creek Nation; and that no portion of the country hereby guaranteed to it shall ever be embraced or included within or annexed to any Territory or Province; nor shall any attempt ever be made, except upon the free, voluntary and unsolicited application of the said nation, to erect the said country, by itself or with any other, into a State or any other territorial or political organization, or to incorporate it into any State previously created [p. 291].
Compare with similar articles in the other treaties; viz., Article X of the Choctaw and Chickasaw, p. 314; Article VIII of the Seminole, p. 334; Article VIII of the Cherokee, p. 397; Articles VIII and XXVI of the Osage, pp. 364, 367; Articles VIII and XIX of the Seneca and Shawnee, pp. 376, 377; Article VII of the Quapaw, p. 367.