Segregation? In Indian Territory?

Here's a thought; when the Treaty of 1866 between the Choctaw and Chickasaw Nations was negotiated with the United States following their treasonous act of rebellion as Confederates, why did they negotiate and include segregation in that document that they now rely on to protect "their reservation land?" 

I contend that ingrained in the third article of the Chickasaw and Choctaw Treaty of 1866 they included language that essentially condones segregation. 

“… less such sum, at the rate of one hundred dollars per capita, as shall be sufficient to pay such persons of African descent before referred to as within ninety days after the passage of such laws, rules, and regulations shall elect to remove and actually remove from the said nations respectively. And should the said laws, rules, and regulations not be made by the legislatures of the said nations respectively, within two years from the ratification of this treaty, then the said sum of three hundred thousand dollars shall cease to be held in trust for the said Choctaw and Chickasaw Nations, and be held for the use and benefit of such of said persons of African descent as the United States shall remove from the said Territory in such manner as the United States shall deem proper,—the United States agreeing, within ninety days from the expiration of the said two years, to remove from said nations all such persons of African descent as may be willing to remove; those remaining or returning after having been removed from said nations to have no benefit of said sum of three hundred thousand dollars, or any part thereof, but shall be upon the same footing as other citizens of the United States in the said nations.” 

The formerly enslaved population had been living among the two tribes before their “removal” to Indian Territory in the 1830’s and they lived in those nations up to the point of the War of the Rebellion (aka Civil War.) 

Chicago Tribune Jan. 30, 1874 p1c5

Following that and despite the language in the Treaty of 1866 the Chickasaw and Choctaw Freedmen remained on the land in the only country they knew despite the hostilities of some of the inhabitants because many had made their homes there. Many reared their children and grandchildren there. Many were the children of Chickasaw and Choctaw men who spoke the language and practiced the customs of their respective tribe. 

But there was no doubt language in that treaty that asked them to segregate themselves from all they knew and all they had become accustomed too and still they were encouraged to “remove” themselves but this time they were offered one hundred dollars as an inducement. 

“…the said sum of three hundred thousand dollars shall cease to be held in trust for the said Choctaw and Chickasaw Nations, and be held for the use and benefit of such of said persons of African descent as the United States shall remove from the said Territory in such manner as the United States shall deem proper…” 

So there you have it, segregation being introduced in Indian Territory before Oklahoma became a state and introduced it again in the first legislative act upon statehood.

It would appear that since the Five Slave Holding Tribes adamantly cling to the Treaty of 1866 to enforce their “sovereignty” and the United States through the McGirt decision affirms that the treaty is “Supreme Law” it is only logical to conclude that the tribes and the United States continue to foster a segregation policy towards Chickasaw and Choctaw Freedmen descendants based on the language in that same treaty?

House Miscellaneous Document 46 42nd Congress, 2nd Session