OKLAHOMA RED BOOK REPORT OF COMMISSION TO FIVE CIVILIZED TRIBES APPENDIX NO. 4 OF FIVE TRIBES COMMISSION LEGISLATION AFFECTING WORK (Act of March 3, 1893.) Section 16. The President shall nominate and, by and with the advice and consent of the Senate, shall appoint three Commissioners to enter into negotiations with the Cherokee Nation, the Choctaw Nation, the Chickasaw Nation, the Muscogee (oo Creek) Nation, the Seminole Nation, for the purpose of extinguishment of the national or tribal title to any lands within the territory now held by any and all of such Nations or tribes, either by cession of the same or some part thereof to the United States, or by the allotment or division of the same in severalty among the Indians of such Nations or tribes, respectively, as may be entitled to the same, or by such other method as may be agreed upon between the Nations and tribes aforesaid, or each of them, with the United States, with a view to such an adjustment, upon the basis of justice and equity, as may with the consent of such Nations or tribes of Indians, so far as may be necessary, be requisite and suitable to enable the ultimate creation of a state or states of the Union which shall embrace the lands within said Indian Territory. The commissioners so appointed shall each receive a salary to be paid during such time as they may be actually employed, under direction of the President, in the duties enjoined by this act, at the rate of five thousand dollars per annum, and shall also be paid their reasonable and proper expenses incurred in prosecution of the objects of this act, upon accounts therefor to be rendered to and allowed by the Secretary of the Interior That such commissioners shall have power to employ from time to time. a secretary, a stenographer, and such interpreter or interpreters as may be found necessary to the performance of their duties, and by order to fix their compensation, which shall be paid, upon the approval of the Secretary of the Interior, from time to time, with their reasonable and necessary expenses, upon accounts to be rendered as aforesaid; and may also employ, in like manner and with the like approval, a surveyor or other assistant or agent, which they shall certify in writing to be necessary to the performance of any part of their duties. Such commissioners shall, upon such regulations and directions as shall be prescribed by the President, through the Secretary of the Interior, enter ncon negotiations with the several Nations of Indians as aforesaid, in the Indian Territory, and shall endeavor to procure, first, such an allotment of land in severalty to the Indians belonging to each such Nation, tribe or band, respectively, as may be agreed upon as just and proper to provide for each such Indian a sufficient quantity of land for his or her needs, in such equal distribution and apportionment as may be found just and Sig. 31. suited to the circumstances; for which purpose, after the terms of such an agreement shall have been arrived at, the said commissioners shall cause the land of any such Nation, or tribe, or band to be surveyed and the proper allotment to be designated;; and secondly, to procure the cession, for such price and upon such terms as shall be agreed upon, of any lands not found necessary to be so allotted or divided, to the United States; and to make proper agreements for the investment or holding by the United States of such moneys as may be paid, or agreed to be paid to such Nations, or tribes or bands, or to any of the Indians thereof, for the extinguishment of their therein. But said commissioners shall, however, have power to negotiate any and all such agreements as in view of all the circumstances affecting the subject, shall be found requisite and suitable to such an arrangement of the rights and interests and affairs of such Nations, tribes, bands or Indians, or any of them, to enable the ultimate creation of a territory of the United States with a view to the admission of the same as a state in the Union. The Commissioners shall, at any time, or from time to time, report to the Secretary of the Interior their transactions and the progress of their negotiations, and shall, at any time, or from time to time, if separate agreements shall be made by them with any Nation, tribe or band in pursuance of the authority hereby conferred, report the same to the Secretary of the Interior for submission to Congress for its consideration and ratification. For the purpose aforesaid there is hereby appropriated out of the moneys in the treasury of the United States, the sum of fifty thousand dollars, to be immediately available. Neither the provisions of this section nor the negotiations or agreements which may be had or made thereunder shall be held in any way to waive or impair any right of sovereignty which the Government of the United States has over or respecting said Indian territory, its lands, or the people thereof. Approved March 3, 1893. (Act of March 2, 1895.) For continuing the work of the Commission appointed under section sixteen of the act entitled, "An act making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for fiscal year ending June thirteenth, Eighteen Hundred and Ninety-four," approved March third, Eighteen Hundred and Ninety-three, including the unexpended balance of the present appropriation, thirty thousand dollars, to be immediately available; and the President is hereby authorized to appoint two additional members of said Commission, who shall receive the compensation and expenses provided in, said act for members of sald Commission; Provided, That so much of said act as authorizes the employment of a stenographer and a surveyor, or other assistant or agent, is hereby repealed. (Act of June 10, 1896. For salaries and expenses of the Commissioners appointed under acts of Congress approved March third, Eighteen Hundred and Ninety-three, and March second, Eighteen Hundred and Ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, the sum of forty thousand dollars, to be immediately available; and said Commission is directed to continue the exercise of the authority already conferred upon them by law and endeavor to accomplish the objects heretofore prescribed to them and report from time to time to Congress. That said Commission is further authorized and directed to proceed at once to hear and determine the application of all persons who may apply to them for citizenship in any of said Nations, and after said hearing, they shall determine the right of said applicant to be so admitted and enrolled; Provided, However, That such application shall be made to such Commissioners within three months after the passage of this act. The said Commission shall decide all such applications within ninety days after the same shall be made. That in determining all such applications said Commission shall respect all laws of the several Nations or tribes, not inconsistent with the laws of the United States, and all treaties with either of said Nations or tribes, and shall give due force and effect to the rolls, usages, and customs of each of said Nations or tribes; and, Provided Further, That the rolls of citizenship of the several tribes as now existing are hereby confirmed, and any person who shall claim to be entitled to be added to said rolls as a citizen of either of said tribes, and whose right thereto has either been denied or not acted upon, or any citizen who may within three months from and after the passage of this act desire such citizenship, may apply to the legally constituted court or committee designated by the several tribes for such citizenship, and such court or committee shall determine such application within thirty days from the date thereof. In the performance of such duties said commission shall have power and authority to administer oaths, to issue process for and compell the attendance of witnesses, and to send for persons and papers, and all depositions and affidavits and other evidence in any form whatsoever heretofore taken where the witnesses giving said testimony are dead or now residing beyond the limits of said territory, and to use every fair and reasonable means within their reach for the purpose of determining the rights of persons claiming such citizenship, or to protect any of said Nations from fraud or wrong, and the rolls so prepared by them shall be hereafter held to be the true and correct rolls of persons entitled to the rights of citizenship in the several tribes; Provided, That if the tribe or any person be aggrieved with the decision of the tribal authorities of the Commission provided for in this act, it or he, may appeal from such decision to the United States District Court; Provided, However, That the appeal shall be taken within sixty days and the judgment of the court shall be final. That the said Commission, after the expiration of six months, shall cause a complete roll of citizenship of each of said Nations to be made up from their records, and add thereto the names of citizens whose right may be conferred under this act and said rolls shall be, and are hereby made rolls of citizenship of said Nations or tribes, subject, however, to the determination of the United States Court, as provided herein. The Commission is hereby required to file the lists of members as they finally approve them with the Commissioner of Indian Affairs to remain there for use as the final judgment of the duly constituted authorities. And said Commission shall also make a roll of freedmen entitled to citizenship in said tribes and shall include their names in the lists of members to be ⚫flled with the Commissioner of Indian Affairs. And said Commmission is further authorized and directed to make a full report to Congress of leases, tribal and individual, with the area, amount and value of the property leased and the amount received therefor, and by whom and from whom said property is leased, and is further directed to make a full and detailed report as to the excessive holdings of the members of said tribes and others. It is hereby declared to be the duty of the United States to establish a government in the Indian Territory which shall rectify the many inequal ities and discriminations now existing in said territory, and afford needful protection of the lives and property of all citizens and residents thereof (Act of June 7, 1897.) For salaries of the Commissioners appointed under the acts of Congress approved March third, Eighteen Hundred and Ninety-three, and March second, Eighteen Hundred and Ninety-Five to negotiate with the Five Civilized Tribes in the Indian Territory, twenty-five thousand dollars; for expenses of Commissioners and necessary expenses of employees, ten thousand dollars, of which sum so much as may be necessary for employees for Eighteen Hundred and Ninety-seven, to be immediately available; Provided, That Two Dollars per diem for expenses of a clerk detailed as special disbursing agent from the date of original detail by Interior Department, while on duty with the commission, shall be paid therefrom; for clerical help, including Secretary of Commission, Five Thousand, Six Hundred Dollars; for contingent expenses of the commission, One Thousand, Four Hundred Dollars; in all, Forty-two Thousand Dollars; Provided, That out of the appropriations for salaries and expenses of said commissioners for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and prior years, there shall be paid for services heretofore performed, to F. E. Willie, Twenty-seven Dollars; A. W. Dickey, Thirtynine Dollars; W. H. McClendon, Thirty-three Dollars; Henry Stroup, Five Hundred Dollars; N. L. Steele, One Hundred Dollars; And Provided. Further, The disbursing agent of said commission may reimburse A. S. McKennon out of said fund Fifty Dollars heretofore paid by him to W. s. Olive for services. That the commission appointed to negotiate with the Five Civilized Tribes in the Indian Territory shall examine and report to Congress whether the Mississippi Choctaws, under their treaties are not entitled to all the rights of the Choctaw citizenship except an interest in the Choctaw annuities; Provided Further, That on and after January first, eighteen hundred and ninety-eight, the United States Courts in said Territory shall have original and exclusive jurisdiction and authority to try and determine all civil causes for the punishment of any offense committed after January first, eighteen hundred and ninety-eight, by any person In said Territory, and the United States commissioners in said Territory shall have and exercise the powers and jurisdiction already conferred upon them by existing laws of the United States as respects all persons and property in said Territory, and the laws of the United States and the State of Arkansas in force in the Territory shall apply to all persons therein, irrespective of race, said courts exercising Jurisdiction thereof as now conferred upon them in the trial of like causes; and any citizen of any one of said tribes otherwise qualified who can speak and understand the English language may serve as a juror in any of said courts. That said commission shall continue to exercise all authority heretofore conferred on it by law to negotiate with the Five Tribes, and any agreement made by it with any of said tribes, when ratified, shall operate to suspend any provisions of this act if in conflict therewith as to said Nation; Provided, That the words "Rolls of Citizenship" as used in the act of June tenth, eighteen hundred and ninety-six, making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth eighteen hundred and ninety-seven, shall be construed to mean the last authenticated rolls of each tribe which have been approved by the council of the Nation, and the descendants of those appearing on such rolls, and such additional names and descendants as have been subsequently added, either by the council of such Nation, the duly authorized courts thereof, or the commission under the act of June tenth, eighteen hundred and ninety-six. And all other names appearing |