712 



TERRITORIES OF THE UNITED STATES. 



INDIAN TEEEITOET. The Indian Territory 

 still remains unorganized, though several hills 

 have been introduced in Congress for its or- 

 ganization under the name of Oklahoma. The 

 present population is about 17,000, mostly In- 

 dians and negroes. The principal tribes now 

 occupying this district are the Choctaws, 

 'Chickasaws, Creeks, Seminoles, Cherokees, 

 and Osages, some of whom were transferred 

 thither from other parts of the country. The 

 Government holds in trust for these Indians 

 the sum of $1,600,000, yielding an annual in- 

 come of over $100,000. The tribes have ceded 

 nearly 40,000,000 acres of their lands to the 

 United States, and the organization of the Ter- 

 ritory would open these to settlement. The 

 chiefs oppose this movement. In convoking a 

 council of his people on this question, Colonel 

 Wright, chief of the Choctaws, said: 



Though our lands may not be immediately affected 

 by a territorial government being organized, yet, 

 should Congress DC onco allowed, without raising a 

 voice against it on our part, to legislate over you on, 

 the ground of the adoption of the fifteenth amend- 

 ment to the Constitution of the United States, they 

 will claim us as citizens of the United States, if they 

 have not already done it. Then there will be no end 

 of legislation over your lands until your lands are 

 donated away to other parties, who have no part or 

 parcel with you in landed rights, and to other inter- 

 ests than yours. You have only to look back to 

 your former homes and lands in the State of Missis- 

 sippi to convince you of what is asserted, a portion 

 of which was donated away by acts of Congress 

 without compensating us a single cent, and without 

 our consent, to railroad and school purposes, for the 

 benefit of that State, to our loss and lasting injury, 

 not only to ourselves, but to our posterity. What has 

 been done, may be done again. 



A general council of the tribes of the Terri- 

 tory was held in the latter part of the year at 

 Ockmulgee, at which a constitution for their 

 united government was adopted by a vote of 

 52 to 3, subject to ratification by the people. 

 Pending the action, the council adjourned to 

 June 5, 1871. 



Article 1 of the constitution defines the 

 boundaries of the Indian Territory, and guar- 

 antees to each nation entering into the con- 

 tract the same right to transact commerce and 

 exchange in any of said nations which each 

 has in its own, subject only to conformity with 

 the treaty of the United States and such laws 

 as may be enacted according to the provisions 

 of the Constitution. Article 2 distributes the 

 powers of the government into executive, le- 

 gislative, and judicial departments. Article 3 

 vests the legislative power in the General As- 

 sembly, composed of a Senate and House of 

 Eepresentatives. The Senate shall consist of 

 one member from every nation, the population 

 of which shall equal 2,000, and one additional 

 member from every additional 2,000, or frac- 

 tional part thereof greater than 1,000, provided 

 that the nations whose individual population 

 does not equal 2,000 may unite and be repre- 

 sented 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. 

 The House of Representatives shall consist of 

 one member from each nation, and an addi- 

 tional member for every 1,000 of population, 

 or fractional part thereof over 500, no person 

 to be entitled to the office of member of the 

 General Assembly but bona-fide citizens of the 

 nation, who may have attained the age of 

 twenty-five years. The term of office is to be 

 for two years, and the mode of election is by 

 qualified voters, according to the laws and 

 usages of the nations voting. The compensa- 

 tion is fixed at four dollars a day, and four dol- 

 lars for every twenty miles travelling, going 

 and coming by the shortest practical route, 

 and no member to receive pay for more than 

 thirty days in any one annual session. The 

 General Assembly has the power to legislate 

 upon any but the following subjects : Those 

 pertaining to intercourse and relations of the 

 Indian Territory, the arrest and extradition of 

 criminals escaping from one to another nation, 

 the administration of justice between the mem- 

 bers of nations in the Indian Territory and 

 persons other than the nations, and the com- 

 mon defence and safety of the nations of said 

 Territory. There are several other provisions 

 pertaining to the legislative department which 

 are identical with those in the Constitution of 

 the United States. The judicial power is 

 vested in the Supreme Court, three District 

 Courts, and such inferior courts as maybe pro- 

 vided by law. Three district judges constitute 

 a Supreme Court when convened in semi- 

 annual session at the capital of the Territory. 

 One judge is to retire from office every two 

 years, and the official term is six years. Tho 

 Supreme Court has appellate jurisdiction 

 from the inferior courts, and original jurisdic- 

 tion is prescribed by law, but cannot interfere 

 with the civil and criminal jurisdiction retained 

 by each nation in the treaties of 1866. The 

 courts have jurisdiction in matters of trade 

 and intercourse 'between the several nations, 

 and in all cases arising under the legislation of 

 the government. The other provisions touch- 

 ing the judiciary are similar to those in the 

 States. The executive power is vested in the 

 Governor, whose term of office is two years. 

 He must be thirty years of age, and his powers 

 and duties are such as usually pertain to the 

 office in the States. Provision is also made for 

 a secretary, who is to be ex officio treasurer ; 

 also for an attorney-general, district attorneys, 

 marshals, and deputies. 



MONTANA. The population of Montana, ac- 

 cording to the Federal census for 1870, is dis- 

 tributed as shown in the table on.page 713. The 

 marshal estimated the number of Indians be- 

 longing to tribes in the Territory at 18,000. 

 The principal towns are: Helena, 3,713 in- 

 habitants; Virginia City (the capital), 867; 

 Deer Lodge, 789 ; Diamond City, 460 ; Benton 

 City, 436 ; Bannock City, 381 ; Eadersburg, 

 311 ; Boeeman City, 168. 



