each nation or tribe assenting to its establishment with the approval of the President of the United States.” In September 1870 the General Council, to avoid confusion, passed a resolution adopting the Cherokee treaty as its organic law. Since then more than twenty tribes have joined the confederation. Finally in 1879 the House Committee on Indian Affairs after reviewing the legal status of the Indian Territory, reported against a bill to establish therein a territorial government. They use the following language: "After a careful, thorough and impartial consideration of the subject, we find, in view of the peculiar relations to the Government sustained by the people therein, no authority which will justify but, on the contrary, we find much, in the many treaties with the Indians occupying and owning that Territory, in acts of Congress vesting and guaranteeing certain rights and immunities to them and in opinions of the Supreme Court of the United States interpreting, defining and sustaining the same, which expresssly forbids, the legislation proposed.” PRESENT CONDITION OF THE FIVE CIVILIZED TRIBES. A consideration of the actual condition of these people will present some astonishing facts to the reader and will thoroughly convince him that Indian civilization is a demonstrated fact. All of these Indians dress like the whites. They all live in houses. The number of houses exceeds sixteen thousand, being more than one house to every four inhabitants. In 1879 they built twenty-seven hundred houses, or about one to every twenty-two of the population. They have nearly two hundred schools supported by their own money and without pecuniary aid from the Federal Gov ernment. Twelve of these are boarding-schools. The capacity of the schools is for eight thousand children. It may be said that their schools afford accommodation for all children of school age. Both in accommodation and attendance, these figures compare very favorably with New York and Philadelphia. In neither of these cities can it be said that the public school accommodation is equal to the whole number of children of school age, and in neither does the actual public school attendance equal sixeighths of the entire number as in the case of the five civilized tribes. In 1879 they spent $156,000 for educational purposes and the only contribution of the United States was $3,500 for schools for freedmen. In this connection, it may be well to mention that the five tribes were extensive slave owners. They not only eventually emancipated all their slaves, but also gave them ample lands for their support. Of the whole number of Indians in these five tribes, more than one-half are able to read. They have also one hundred and thirty-one churches. LOCAL SELF-GOVERNMENT. Each of the civilized tribes enjoys complete autonomy. Their political situation-in so far as protection to life and property at the smallest cost and least encroachment on individual rights and prejudices is concerned-will compare very favorably with that of any State in the Union. Their institutions are suitable to their condition, and congenial to their ideas and habits. They differ in detail, but in the main features resemble the Governments of the States. The Executive, Legislative and Judicial functions are separate and distinct, and answer very well the objects of their institution. Some details concerning the Government of the Cherokee Nation will be interesting and will give a general notion of the Government of the civilized tribes. They cannot fail to impress the reader very vividly with the reality of Indian civilization. 3 THE CHEROKEE GOVERNMENT. This tribe has a written constitution. EXECUTIVE. The Executive power is vested in a "Principal Chief." He approves the laws, nominates delegates to Washington,* sheriffs and other officials (subject to confirmation by the Senate), and in many other respects his functions are very like those of a State Governor. There is also an Executive Council to assist the Principal Chief. The Executive may also prefer charges of impeachment, which are tried by the Council. Pending trial the Executive may suspend the official.† The "National Solicitors of the several Districts"-the same as "District Attorneys"-are from time to time instructed and directed in their duties and their conduct supervised by official orders, directly emenating from the Principal Chief. It would be well if State Governors exercised similar functions. The duties of these officers are pointed out in carefully drawn statutes. Bids for public work and supplies are advertised for and contracts made with the lowest responsible bidder. *The following communication announces the confirmation of an appointment: No, 4.-SENATE CHAMBER, TALEQUAH, C. N., Nov. 15th, 1879. Hon. D. W. Bushyhead, Principal Chief, C. N.: I have the honor to inform you that your nomination of R. M. French, for the office of High Sheriff, was confirmed by the Senate. I have the honor to be your obedient servant, S. H. BENGE, President of Senate, pro tem. J. L. SPRINGTON, Clerk of Senate. +Finding of the Council in an Impeachment case. It will be noticed that official etiquette is strictly observed in the relations between the different Departments of the Government. No. 3.-COUNCIL CHAMBER, Nov. 14th, 1879. Hon. D. W. Bushyhead, Principal Chief, C. N.: SIR: I have the honor to report you for the information of your Department that the charges against the Hon. J. L. Adair transmitted from your Department to the Council Branch of the National Council, charging the said John L. Adair with malpractice in office, for which he was suspended from office (as member and Secretary of the Board of Education) by Ex-Chief Charles Thompson, I would state that the charges have been fully and carefully examined by the Council, and that we have failed to find evidence to implicate the Hon. John L. Adair with malpractice in office as charged. Therefore by a majority vote of Council Branch of the National Council, said charges have not been sustained, and the Hon. John L. Adair acquitted of the charges preferred. I have the honor to be very respectfully, your obedient servant, D. R. HICKS, Clerk of Council. OSIE HAIR, Speaker of Council. LEGISLATURE. The Legislature is called the "National Council," and is divided into two bodies. One is called the "Senate," and is pre sided over by an officer styled a "President;" the other branch is called the "Council;" and has a "Speaker." Both bodies have "clerks," and the entire legislative machinery is the same as in the States. The laws are published "by authority" in the official newspaper, called "The Cherokee Advocate," printed at Tahlequah, the capital of the Cherokee Nation. This paper is published weekly in English and Cherokee, and is free to all who read only the Cherokee tongue. The National Council has general legislative powers. When an act is passed by the Council it is messaged to the Senate (or vice versa); either body concurs or non-concurs or amends, as the case may be, and communicates its action to the other body through formal written messages by their respective clerks.* The National Council elects in Joint Convention the Supreme Judge, National Treasurer, Executive Council, Auditor of Accounts, etc. Amongst the statutes passed by the National Council will be found penal laws which accurately define criminal offences and provide for their punishment. Also laws regulating the different branches of the Government and the rights and duties of citizens towards each other and the Cherokee Nation. Numerous permit and license laws are passed and generally all the usual legislation of the States. Private laws are enacted conferring citizenship or giving other privileges to the persons named therein. The *RETURN OF JOINT CONVENTION. No. 1, SENATE CHAMBER, Hon. D. W. Bushyhead, Principal Chief C. N.: SIR: I have the honor to inform you that the following named persons were duly elected in joint session of the National Council, to fill thê different offices, which appointments vest in the National Council, to wit: John Landrum, Supreme Judge; D. W. Lipe, National Treasurer; Johnson Spade, Daniel Red Bird, Chas. H. Armstrong, Executive Council; E. C. Boudinot, Editor of Advocate, Cornell Rodgers, Auditor of Accounts. I am very respectfully, your obedient servant, S. H. BENGE, President Senate, pro tem J. L. SPRINGSTON, Clerk Senate. National Council also provides for the ordinary expenses of the Government by regular appropriation bills. JUDICIARY. There is a Supreme Court and also local Circuit or District Courts, which have civil and criminal jurisdiction, with an appeal to the Supreme Court. The National Cherokee Government is represented by District Solicitors, and individual suitors by attorneys admitted to practice. The decrees of the Courts are executed and some other local administrative functions are performed by the Sheriffs, whose advertisements of "Sales at the Court House" and other official matters, must be quite lucrative to the Government "organ." The local Courts issue letters testamentary and of administration, appoint guardians and generally have the functions usually appertaining to Courts of Probate. Coroners inquire into sudden and violent deaths and Grand Juries make presentments and prefer bills of indictment against criminals, who are confined in the national jail. ELECTIONS AND CITIZENSHIP. The elections are held under carefully prepared laws, which also define the powers of the persons to be elected.* *PROCLAMATION. SPECIAL ELECTION. WHEREAS, Official notice of the death of J. Walker Daniels, member of the Senate branch of the National Council from Delaware District, C. N., and Ross T. Carey, Clerk of Delaware District, C. N., has been received, THEREFORE, Be it known to all whom it may concern that I, D. W. Bushyhead, Principal chief of the Cherokee Nation, by virtue of the authority in me vested by law, do hereby, in the name and by the authority of the Cherokee Nation issue this my proclamation, ordering that a Special Election be held in Delaware District, C. N., on the second Monday (10th day) in the month of May, 1880, for the purpose of electing one member to the Senate branch of the National Council, to fill the vacancy in that office, caused by the decease of the late Hon. J. Walker Daniels, and the term of which office will expire on the first Monday in November 1881. As also for the purpose of electing one clerk for Delaware District, C. N., to fill the vacancy in that office, caused by the decease of the late Ross T. Carey, clerk, etc., and the term of which office will expire on the third Monday in November, 1881. And directing the present temporary clerk of said Delaware District to give such notice thereof as the law requires, in accordance with chapter VIII, art. I, revised code of laws, |