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Robert Carr was duly elected doorkeeper.

The following standing committees were appointed by the president:

Committee on relations with the United States.-W. P. Ross, S. H. Benge, G. W. Stidham, S. W. Perryman, and L. Flint.

Committee on internal relations.-Allen Ross, P. Porter, Francis King, Keokuk, Augustus Captain, J. A. Scales, and J. R. Moore.

Committee on judiciary.-Riley Keys, G. W. Stidham, S. M. Taylor, Edward Black, and Augustus Captain.

Committee on finance.-J. A. Scales, Moses Alberty, J. M. Smith, L. C. Perryman, and John White.

Committee on education and agriculture.-J. M. Perryman, O. H. P. Brewer, Joseph Vann, Tim. Barnard, Wm. Connor, J. M. C. Smith, and W. P. Ross.

Committee on enrolled bills.-W. P. Ross, J. A. Scales, and J. M. Perryman.

Committee on rules for the government of the council in the transaction and order of business.-W. P. Ross, G. W. Greyson, G. W. Stidham, R. Keys, F. King, and G. Lane. On motion, council adjourned to meet at 2 o'clock p. m.

On motion the following resolutions were adopted:

Resolved, That the committee on education be instructed to report in writing, as near as may be practicable, the population of the nations and tribes represented in the general council, the amount of their respective school funds, the number of schools in operation among them, the system under which they are managed, and the general state of education in the Indian Territory.

Resolved, That the committee on the judiciary be instructed to report a bill or bills which shall provide for the arrest and extradition of criminals and offenders escaping from one tribe to another tribe, and for the administration of justice between members of different tribes of the Indian Territory, and persons other than Indians and members of said tribes and nations.

Resolved, That the committee on internal relations be instructed to report a bill or bills to regulate matters pertaining to the intercourse and relations of the Indian tribes and nations resident in the Indian Territory.

Report of committee on rules for the government of the council in the transaction and order of business received and adopted.

REPORT ON RULES.

In order to expedite and conduct the proceedings of the present council with some regard to the rules governing other similar assemblies, the committee appointed for that purpose would respectfully recommend the adoption of the following rules for the government of the council now assembled at Okmulgee, Cherokee Nation, agreeably with treaties of 1866, in the transaction and order of business, to wit:

1. That the council shall meet daily (Sunday excepted) at 9 o'clock a. m., unless otherwise ordered by the council.

2. When called to order by the president, it shall be the duty of the secretary to call the roll and read the journal of the preceding session.

On motion the following resolutions were adopted:

Resolved, That the committee on education be instructed to report in writing, as near as may be practicable, the population of the nations and tribes represented in general council, the amount of their respective school funds, the number of schools in operation among them, the system under which they are managed, and the general state of education in the Indian Territory.

Resolved, That the committee on the judiciary be instructed to report a bill or bills which shall provide for the arrest and extradition of criminals and offenders escaping from one tribe to another tribe, and for the administration of justice between members of different tribes of the Indian Territory, and persons other than Indians and members of said tribes and nations.

Resolved, That the committee on internal relations be instructed to report a bill or bills to regulate matters pertaining to the intercourse and relations of the Indian tribes and nations resident in the Indian Territory.

On motion, the following resolution was adopted:

Resolved by the general council of the Indian Territory, That the committee on relations with the United States be instructed to report a memorial to the President of the same, setting forth our relations with the General Government, as defined by treaty stipulations, and protesting against any legislation by Congress impairing the obligation of any treaty provision, and especially against the creation of any government over the Indian Territory other than that of general council; also against the sale or grant of any lands, directing or contingent upon the extinguishment of the Indian title, to any railroad company or corporation now chartered for the purpose of constructing a railroad from a point north to any point south, or from a point east to any

point west, through the Indian Territory, or the construction of any railroads other than those authorized by existing treaties.

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REPORT ON PERMANENT ORGANIZATION.

The special committee to whom was assigned the duty of making a report upon the resolution of the general council, in the words following, to wit: "Resolved by the general council of the Indian Territory, That the President be, and he is hereby, authorized to appoint a committee of ten to devise a permanent organization of the Indian Territory, as contemplated by the treaties of 1866, with the several tribes resident in the said Territory," respectfully state that they have given the subject such consideration as was in their power. They regard the organization of the Indian Territory, under any form of government, as of the gravest importance to all the people who inhabit it. The large and invaluable interests in lands and money which belong to the nations and tribes who are settled therein; the provisions of their several treaties with the United States; their distinct form of government and franchise arising under them; their different languages and diversified conditions, present severally and combined interests not to be too lightly estimated nor too hastily disposed of in arranging the terms of any organization that may be designed to blend in one harmonious system the whole of them, at the same time that it preserves a just and impartial regard for their respective rights.

The opposition of all Indians to any form of territorial government that has been proposed by the Congress of the United States is too notorious to require any comment. It is firmly and ineradicably imbedded in their very nature. They cling to their homes, to their laws, to their customs, to their national and personal independence, with the tenacity of life itself. In these sentiments your committee fully concur. And while the leading powers invested in this general council pervade all the treaties negotiated in 1866 by the United States with the different nations here represented, each one of them grants some important concession, or retains some important right not to be found in others. In some respects they merely shadow dimly the duties of this council, instead of clearly defining its powers and authority. The responsibility of inexperienced legislators, instead of being simplified by them, is made more difficult and complex. As the best means of removing these obstacles, observing a fair deference to the sentiments of our people, and at the same time of preserving our race, and of perpetuating unimpaired the rights of all-the weak and the strong-those less advanced, and those who have made further progress towards civilization, your committee are of the opinion that the organization of the people here represented, and such as may hereafter unite with them, should be a government of their own choice. It should be republican in form, with its powers clearly defined, and full guarantees given for all the powers, rights, and privileges, respectively, now reserved to them by their treaties. They therefore respectfully recoinmend that the council proceed to form a constitution for the Indian Territory, which shall conform to existing treaty stipulations, provide for an executive, legislative, and judicial department, and vested with such powers only as have been conceded to this general council, and not inconsistent with all the rights reserved to each nation and tribe who were parties to the treaties of 1866, and also with the final provision that such constitution shall be obligatory and binding only upon such nations and tribes as may hereafter duly approve and adopt the same.

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On motion of Mr. W. P. Ross, the committee of twelve for draughting a constitution for the government of the Indian Territory retired from the council for the purpose of entering upon their duties, and were instructed to report at as early an hour as possible.

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Allen Ross, of the Cherokee Nation, chairman of the committee on international relations, submitted the report of that committee, in the form of a resolution, tendering to the wild tribes of the Plains the hand of friendship, and recommending to them the prudence of refraining from acts of hostility among themselves, as well as against the citizens of the United States.

The president highly recommended the spirit of the report, and expressed a desire that every effort will be made to better the condition of the tribes of the Plains as well as all other Indians.

On motion of J. A. Scales, of the Cherokee Nation, the report was unanimously adopted.

Your committee, to whom was referred the resolution in regard to the various tribes of the Plains, respectfully state that they have carefully considered said subject, and beg leave to submit the following resolution, and recommend that it be adopted by the general council:

RESOLUTION IN RELATION TO THE TRIBES OF THE PLAINS.

Resolved by the general council of the Indian Territory, That the superintendent of Indian affairs be, and he is hereby, requested to convey, through their respective agents or otherwise, to the Comanches, Kiowas, Cheyennes, Arapahoes, and other tribes of the Plains, the fact that the Choctaws, Chickasaws, Cherokees, Muskogees, Seminoles, Osages, Senecas, Shawnees, Ottawas, Peorias, Wyandotts, Quapaws, and Sacs and Foxes, have met in general council and confederated; that the object of this confederation is to preserve peace and friendship among themselves, with all other red men, and with the people of the United States; to promote the general welfare of all Indians, and to establish friendly relations with them; to secure our lands exclusively to ourselves, and to transmit them to our children after us; that the nations above named extend to them the hand of friendship; that they earnestly recommend them to refrain from acts of hostility among themselves and with the people of the United States; and that we offer them our aid and counsel in establishing permanently friendly rela lations with the Government of the same, and will meet them in council whenever practicable, and desired by the superintendent of Indian affairs.

A.

The committee to whom the duty was assigned of reporting upon the agricultural interests and resources of the Indian Territory, regret to say that they have no data upon which to estimate, even approximately, the quantity of land in cultivation with n the limits of the Indian Territory.

The Creeks, Cherokees, Choctaws, Chickasaws, Seminoles, Shawnees, Delawares, Senecas, Quapaws, Ottawas, Wyandotts, and the Confederated Peorias, Weas, Piankeshaws, and Kaskaskias are an agricultural people and rely upon the cultivation of the soil and the raising of stock for their livelihood, and the Sacs and Foxes, Osages, and others are making commendable progress in that direction. The extent of their farms varies from a few acres to two and three hundred, and in one instance in the Chickasaw Nation, in the fertile valley of the Washita, to more than two thousand acres. While there are many farms sufficiently large, the majority of them might be increased with great advantage. The interest in this respect is growing, and since the close of the war to the present time, there is a marked progress in the general improvement, in the buildings and farms among the Indian people. In these respects there is wide room for further advancement, and this we confidently expect to witness, whenever the constant agitations in Congress and elsewhere, which so much disturb the security of the people and discourage all their efforts to improvement, shall cease. But notwithstanding all adverse influences, the condition of the people is not stationary, but progressive. The idea which obtains to a considerable extent, in even otherwise well-informed circles remote from the homes of the Indians, that they live by hunting, fishing and trapping, is entirely erroneous so far as applied to the nations and tribes enumerated above. They are settled and not nomadic in their habits, and rely upon the cultivation of the soil for their subsistence. Their advancement is not all that we could desire, but is an earnest of better things in the future, and shows a susceptibility for further improvement, and, with proper efforts, the native ability to reach a genuine civilization. A large area of the inhabited portion of the Indian Territory is well adapted to the use of improved agricultural implements. Their introduction, as yet, is limited, but perhaps equal to what should be expected when it is borne in mind how much men are apt to do as their fathers did before them, as their neighbors do around them, and as the limited means at their disposal allowed. Reapers, mowers, and threshers of different patents are seen in some places, while improved plows for turning prairie land and working crops are found in large numbers. We would desire to impress the people of the Territory engaged in agriculture with the importance of giving more attention to this subject than is now done. Good implements, well and timely used, lighten the burdens of labor, impart a real pleasure to employment, and largely increase its results. They relieve both man and beast, and directly increase the value of time by increasing its results. The crops which can be profitably grown in the soil and climate of the Territory are very nearly all those adapted to a rich soil and temperate latitude. Corn is the staple crop, and, even under our somewhat defective plan of culture, yields upon an average from thirty to sixty bushels per acre. In favorable seasons it does well in all portions of the Territory. Wheat is not so generally grown as it should be, chiefly, we apprehend, because of the scarcity of mills for the manufacture of flour. The Cherokees, perhaps, grow more than any nation in the Territory. The average yield is about fifteen bushels. It has been known to yield as high as forty-two. But few farmers there, however, prepare the soil and seed it down with the care the crop demands. South of the Canadian, and on the Arkansas and Red Rivers, and the uplands intervening, cotton was formerly extensively cultivated, and was the most valuable crop of that region. We hope yet to see it again whitening large and well-tilled fields, and bringing in treasure and wealth to our

brothers of the Choctaw and Chickasaw Nations-the Chickasaw crop this year being estimated at five thousand bales. Tobacco is extensively grown.

Of the grasses we need say but a word. Our prairies furnish all that is now to be had, and all that seems to be cared for. Clover and timothy do well, and would even now repay their cultivation. Blue grass also succeeds well, and will be as much at home in some portions of the Territory as it is in Kentucky. Rye and oats do well all over the Territory, so far as your committee are advised-a species of the former being indigenous to the soil and affording excellent winter pasturage. Potatoes, beans, beets, pumpkins, upland rice, turnips, cabbage, onions, and nearly all garden vegetables in suitable soil and with seasonable culture, grow to perfection. In horticulture, with some exceptions, we are lamentably behind the times. So far as tested, no finer apples are grown in the United States than some we have seen from orchards in the Indian Territory north of the Canadian and Arkansas Rivers. Peaches, pears, plums, and cherries succeed, while the smaller fruits, such as strawberries, raspberries, blackberries, and grapes, are to the "manner born."

Your committee would be much gratified to be the means of awakening a general interest upon this subject, and stirring up the people more generally to the cultivation of the more desirable kinds of fruits. There is pleasure in the pursuit, and health and profit in the results of horticulture.

As regards the domestic animals of the Territory, we need scarcely remark that stockraising must furnish occupation for a large number of our people. It is adapted to their habits and to our climate, and will be the source of the largest profit to those who embark in it. The number of domestic animals, and the quality of their breeds, have been sadly reduced and deteriorated by the war. Large and magnificent herds of cattle have entirely disappeared from our prairies, and the accumulation of forty years vanished into nothingness. But the grass still grows and the waters run, inviting and urging our people to untiring efforts to renew their herds of cattle, horses and hogs and flocks of sheep and goats. Money, food and raiment stimulate them to start again in pastoral life, and to get the best improved breeds of all kinds of stock that may be within their means.

In conclusion, your committee beg leave to say, that as agriculture and its kindred branches-horticulture and stock-raising-should and must constitute the chief pursuits of the great majority of our people, every means in our power should be adopted to foster and encourage them. Even now they have every inducement to increased care and exertions in those directions. Markets are now brought to our very doors, or soon will be by extension of railroads, the increase of travel through our Territory, and the teeming population that moves with resistless activity around our borders. Everything that we can produce beyond our own consumption is, and will continue to be, in demand.

The country which we possess, the homes we occupy, are our own and the heritage of our children, by every right known and respected of men. Let us diligently improve and use them, remembering our own responsibility in the premises, and the duty we owe to those who may come after us. Even the log cabin is more stable than the lodge set up with poles and covered with straw and buffalo hides. The people who have homes and cultivated fields and orchards are more secure from intrusion and aggression than those who have no fixed residence or abiding place. Here is our only home, and in it we must thrive and increase or dwindle and perish. Either result is largely within our own control. As we choose to have it, so will it be.

APPENDIX 36.

Constitution of the Indian Territory.

B.

Whereas the people of the nations of Indians inhabiting the Indian Territory have agreed by treaty with the Government of the United States, and been by its agents invited to meet in general council under the forms prescribed by the treaties of 1866, and the action thereon of the Government of the United States, having thus met to frame the laws and arrange the machinery of a government for the country occupied and owned by them, in order to draw themselves together in a closer bond of union, for the better protection of their rights, the improvement of themselves, and the preservation of their race, and relying on the guidance and favor of Almighty God to carry out in a consistent and practicable form the provisions of said treaties at the earliest practicable day, do hereby enact and promulgate the following as the constitution or organic law of the said Indian Territory:

ARTICLE I.

SECTION 1. All that portion of country bounded on the east by the States of Arkansas and Missouri, on the north by the State of Kansas, on the west by the Territory of New Mexico and the State of Texas, and on the south by the State of Texas, which has been set apart and guaranteed by the treaties and laws of the United States as a permanent home for the Indians therein lawfully resident, or such as may be in like manner settled therein hereafter for the purposes of this constitution, shall be known and styled as "The Indian Territory."

SEC. 2. Each of the nations of Indians who by themselves, or through their representatives, may enter this confederacy, do agree that the citizens of each and every one of said nations shall have the same rights of transit, commerce, trade, or exchange in any of said nations as he has in his own, subject only to consistency with existing treaty stipulations with the United States and the laws regulating trade and intercourse, and under such judicial regulations as are hereinafter provided. But no right of property or lands, or funds owned by any one nation, shall be in any manner invaded by citizens of another nation; and it is hereby distinctly affirmed that the rights of each of these nations to its lands, funds and all other property shall remain the sole and distinct property of such nation. Any Indian nation now represented in this general council, or which may hereafter enter in a legal manner, or be now in said Indian Territory, may be admitted to representation and all the privileges of this joint government, by accepting and agreeing, through their proper authorities, to the provisions of this constitution.

ARTICLE II.

SECTION 1. The powers of this government shall be divided into three distinct departments, to be called the legislative, the executive, and the judicial departments of the Indian Territory.

SEC. 2. No person belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases hereinafter expressly directed or permitted.

ARTICLE III.

SECTION 1. The legislative power shall be vested in a general assembly, which shall consist of a senate and house of representatives; and the style of their acts shall be "Be it enacted," or, "Be it resolved by the general assembly of the Indian Territory." SEC. 2. The senate shall consist of one member from each nation whose population is two thousand citizens, and one member for every additional two thousand citizens or fraction greater than one thousand: Provided, That nations with populations less than two thousand may unite and be represented in the same ratio: And provided further, That the Ottawas, Peorias, and Quapaws, shall be entitled to one senator; and the Senecas, Wyandottes, and Shawnees, to one senator; and the Sac and Foxes to one

senator.

SEC. 3. No person shall be eligible to a seat in the general assembly but a bona fide citizen of the nation which he represents, and who shall have attained to the age of twenty-five years.

SEC. 4. The house of representatives shall consist of one member from each nation, and an additional member for each one thousand citizens, or fraction thereof, greater than five hundred.

SEC. 5. The members of the senate and house of representatives shall be elected by the qualified voters of their respective nations, according to their laws or customs, and shall hold their office for the term of two years. Vacancies that may occur shall be filled in like manner.

SEC. 6. The senate, when assembled, shall choose a president and its other officers, and the house of representatives a speaker and other officers; and each shall judge of the qualifications and returns of its own members. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day and compel the attendance of absent members, in such manner and under such penalties as each house may provide.

SEC. 7. Each branch of the general assembly shall keep a journal and determine the rules of its proceedings, punish a member for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offense.

SEC. 8. The general assembly shall have power to legislate upon all subjects and matters pertaining to the intercourse and relations of the nations of the Indian Territory, the arrest and extradition of criminals escaping from one nation to another; the administration of justice between members of the several nations of the said Territory and persons other than Indians and members of said nations; and the common defense and safety of the nations of said Territory. But the said general assembly shall not legislate upon matters other than those above indicated. The general assembly shall meet annually on the first Monday in June, at such place as may be fixed upon at their first regular session.

S. Ex. 39- -9

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