A copy of the proceedings of the council of Indian tribes held at Ocmulgee, in December, 1870.

JANUARY 30, 1371.-Referred to the Committee on Indian Affairs and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith an official copy of the proceedings of the council of Indian tribes held at Ocmulgee, in December last, which resulted in the adoption of a declaration of rights and a constitution for their government, together with a copy of the report of the Commissioner of Indian Affairs, and the views of the Secretary of the Interior thereon.

It would seem highly desirable that the civilized Indians of the country should be encouraged in establishing for themselves forms of territorial government compatible with the Constitution of the United States and with the previous custom toward communities lying outside of State limits.

I concur in the views expressed by the Secretary of the Interior, that it would not be advisible to receive the new territory with the constitution precisely as it is now framed.

So long as a territorial form of government is preserved, Congress should hold the power of approving or disapproving of all legislative action of the Territory; and the Executive should, with "the advice and consent of the Senate," have the power to appoint the governor and judicial officers (and possibly some others) of the Territory.

This is the first indication of the aboriginees desiring to adopt our form of government, and it is highly desirable that they become selfsustaining, self-relying, Christianized, and civilized. If successful in this their first attempt at territorial government, we may hope for a gradual concentration of other Indians in the new Territory. I therefore recommend as close an adherence to their wishes as is consistent with safety.

It might be well to limit the appointment of all territorial officials appointed by the Executive to native citizens of the Territory. If any exception is made to this rule, I would recommend that it should be limited to the judiciary.

It is confidently hoped that the policy now being pursued toward the Indian will fit him for self-government, and make him desire to settle among people of his own race, where he can enjoy the full privileges of civil and enlightened government.

EXECUTIVE MANSION, January 30, 1871.

U. S. GRANT.

DEPARTMENT OF THE INTERIOR,

Washington, D. C., January 25, 1871. SIR: I have the honor to transmit herewith the following papers: Copy of a letter from the Commissioner of Indian Affairs, Honorable E. S. Parker, of this date, transmitting an official copy of the proceedings of the council held at Ocmulgee, in December last, which resulted in the adoption of a declaration of rights, and a constitution of government, by which certain tribes and bands of Indians have confederated for the purpose of civilization and education.

I also inclose a copy of a letter from the Commissioner of Indian Affairs, dated the 4th instant, containing his report of the proceedings of the council while in session and during his presence and attendance thereupon. This assemblage was held under acts of Congress authorizing the establishment of a "general council" in the Indian country; and before it was convened I regarded its probable proceedings of such importance as to require the Commissioner of Indian Affairs to be present, in order to give such aid and advice as the Department might afford in properly directing its deliberations.

The report of General Parker is highly interesting in its account of the agricultural and educational condition of the tribes in the Indian country. The constitution, declaration of rights, and entire proceedings of the council evince great wisdom and judgment, and I trust they will lead to the organization of a government originated by the Indians themselves, and in which they feel a deep interest, which in its results will greatly aid in the work of civilization and education.

If Congress shall conclude to take the proceedings of this council as the basis for civil government among the Indians, reserving the right of disapproving of all acts of legislation, and placing the appointments to office under the Constitution in the hands of the President and Senate of the United States, I shall hope for the happiest consequences from this experiment.

In the event that this course is adopted, the Indians will feel that their government is, to some extent, a work of their own creation, and they will, I have no doubt, acquiesce in all needful and proper alterations of their constitution; but I am compelled to express the hope that no change in that instrument will be made which will require or permit any non-resident to fill any office in the government, unless it be one of high judicial character.

I am also convinced that, for the present, there should be no change in existing laws regulating the settlement and occupancy of said Territory, hoping and believing that this course will lead rapidly to the establishment of most, if not all, the Indian tribes within this Territory. I have the honor respectfully to suggest that the proceedings of this council be transmitted to Congress as early as practicable, with such recommendations and suggestions as in your judgment may seem

necessary.

With high respect, your obedient servant,

To the PRESIDENT.

C. DELANO, Secretary.

P. S. Since writing the foregoing I have received, through Vincent Colyer, esq., secretary of the honorable board of Indian Commissioners, the following report, which, with his permission, I forward with this communication. The views of the commission are so much in accord with my own on the subject that I deem it proper to submit them for your consideration.

C. DELANO.

DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS,

Washington, D. C., January 4, 1871.

SIR: In obedience to your instructions (dated December 2, 1870, I proceeded to the capital of the Creek Nation, in the Indian Territory, to attend the session of the general council of Indian nations and tribes resident in said Territory, convened in pursuance of treaties made in 1866 between the United States and the Cherokee, Creek, Seminole, Choctaw, and Chickasaw Nations of Indians, and the act of Congress approved July 15, 1870. I reached Ocmulgee, the place where the couneil was held, on the 12th of December. On the 13th I met the council. There were present Messrs. Robert Campbell, J. V. Farwell, and J. D. Lang, of the Board of Indian Commissioners; Superintendent Hoag, presiding officer of the council, and fiffy-six Indian delegates, representing the Cherokee, Creek, Seminole, Choctaw, Chickasaw, Great and Little Osage, Ottawa, Eastern Shawnee, Quapaw, Seneca, Wyandott, Confederated Peoria, Sac, and Fox, and the absentee Shawnee Nations or tribes of Indians, all residing in said Territory, and numbering altogether about 60,000 souls. The only tribes of said Territory not represented (and this was said to be owing to their not having had sufficient notice, and the great distance they are from the council ground) were the Wichitas and other affiliated bands, the Kiowas and Comanches, and the Cheyennes and Arapahoes.

Being duly introduced to the council by the presiding officer, I was invited to address them, which I did briefly, stating to them that their assemblage was the most important council ever held among the Indian tribes of the country. They had met, by the authority of the Congress of the United States, who had given them this opportunity to organize a territorial or confederate government of their own. The councils of the Territory would be composed of Indian legislators, and they would hold the power of regulating the affairs of the Territory in their own hands. The government was desirous that this council sirould succeed. Members of the Special Indian Commission were present with them, to encourage and give advice and direction to their proceedings, should it be found necessary. So much interest did the authorities at Washington feel in the success of this council, that they seemed not content with having the special commission, alone, represent them; and the Secretary of the Interior had directed me, also, to come and see their condition, as well as to hear their wishes; and also, if necessary, to give them such counsel and advice as I could.

I suggested that, should this council organize a proper form of government, Congress might approve it, and thus would end the fear which now troubled them so much, of having a territorial government forced upon them.

As an organized confederation, they would have much more weight in Indian affairs than as individual tribes. Their articles of confederation should be short, simple, and direct; and their legislation should be confined to such matters as were granted them in the several treaties of 1866, made with the five principal nations of the Territory. They could, if they thought proper, ask Congress to establish a Federal court for them in the Territory, for the better administration of justice among themselves. They could, also, ask Congress to adopt so much of the report of the Peace Commission of 1867 as selects, defines, and locates a district of country in the South as a permanent home for the Indians, thereby securing a legalization of their country as the Indian Territory. They were told that they need have no fear but that Congress would

annually provide for the per diem pay of the delegates to compose their council, as well as the pay of the judges, marshals, and clerks of the courts. Senator Harlan had already introduced a bill in the Senate of the United States, authorizing the Indian Council to elect a delegate to represent the Indian Territory in Congress, who could speak for them and be able at all times to properly represent their wants and wishes there. A realization of such a result would give the Indians much additional weight and importance. The President and Secretary of the Interior were friends to the Indians, and they had many sincere and true friends in Congress, and all hoped for and wished them every success in their deliberations at this time.

Finally, I advised them to lay aside all local and trivial prejudices and endeavor to harmonize and confederate for the common good, not only of tribes already within the Territory but of such as might hereafter come in.

Several delegates responded, expressing gratitude for the suggestions made to them; they appreciated highly the interest manifested in their behalf by the Government; they felt gratified for the presence of the Special Indian Commission among them; for the words of encouragement they had given them, evidencing the kindly sympathy the good people of the country entertained for them. They said that up to that morning their minds had been depressed, as they had been left in the dark as to how far they could go in the organization of an Indian government, but the remarks of the Commissioner of Indian Affairs had mna de everything clear, and they felt now that they could safely pro⚫ceed in their work. They thanked the President and Secretary of the Interior for not forgetting the Indians in the multiplicity of the duties devolving on them.

It was very apparent to any observer that the entire council were actuated by an earnest desire to effect an organization which should afford ample and equal protection to all the inhabitants of the Territory, and which should also work to advance and elevate them in all the arts and habits pertaining to a healthy civilized condition.

The several delegations seemed fully impressed with the importance of the work they had met to accomplish, and their proceedings were characterized by a calm, earnest, and dignified deliberation.

On the evening of the 16th the committee to whom was assigned the duty of drafting a constitution, made a report, submitting the result of their labors. A copy of the constitution as reported is herewith submitted. It proceeds, after declaring that the Indians of the Indian Territory had met to frame laws and arrange the machinery of a government for the country occupied and owned by them, and to draw themselves into a closer bond of union for the better protection of their rights and for their improvement, to define the boundaries of the Indian Territory, and then distributes the powers of the government for said Territory into three branches, viz, the executive, legislative, and judicial. Accompanying the constitution the committee also submitted a declaration of rights, a copy of which is also herewith submitted. This constitution was not adopted during my stay, but a telegram has been received from Superintendent Hoag, informing me that it was adopted on the 20th, with only three dissenting votes.

It is proper to remark that while the committee were at work, Superintendent Hoag and myself were consulted freely by them, and while successful in some of our suggestions, in others we were not, and the work entire may justly be considered and deemed the creation of the Indians alone; and therefore, without discussing its merits and de

merits, I would respectfully recommend that it be laid before the President, with a view to its submission to Congress for such action by that body as they, in their wisdom, may deem proper. But I would earnestly bespeak for this work of the Indians an indulgent consideration. It is the authentic expression of the Indians as to the kind of government they feel themselves willing and competent to undertake. They aim to do right; their effort is in the proper direction, and is certainly worthy of support and commendation.

It should also be remembered that the Indians are a peculiar people; that from time immemorial their form of government has been based upon a community of interests, and they have not yet been educated to recognize fully the value of individual and exclusive rights in property. Their public men are zealous in guarding every right their people are accustomed to, and time alone can bring them to a just appreciation of the value of personal or individual rights.

I sincerely trust that their efforts may receive substantial encouragement.

Among the interesting matters which engaged the attention of the council were the subjects of agriculture and education among the tribes of the Territory. The result of discussions upon such subjects tends to develope a spirit of emulation among the Indians, and cannot but be beneficial. I was able at the time to obtain only a copy of the agricul tural report, a very interesting paper, a copy of which is herewith submitted for your perusal. The educational report showed the Choctaws to have forty-eight district schools, with an attendance of fourteen hundred and sixty pupils. They also support twenty youths, male and female, at the higher schools in the States. Their population is between sixteen and seventeen thousand.

The Cherokees have forty-eight public schools, three of them exclusively for freedmen. The number of pupils attending is nineteen hundred and twenty-eight. About three-fourths of the teachers are natives. Their orphans are boarded and clothed at the expense of the nation. They have, besides, one Moravian mission school and a few private schools. Their population is estimated at seventeen thousand.

The Creeks have twenty-two public schools, and are about to start nine more. Six of the schools are devoted exclusively to the freedmen. The average number of pupils attending is seven hundred. They have also a boarding school with eighty pupils, and expect to start another one in the spring. Their population, including freedmen, is thirteen thousand.

The Seminoles have four schools, with two hundred and twenty-five pupils. They have in process of construction a mission building which will accommodate fifty pupils. Their population is about twenty-five hundred.

The Chickasaws have eleven district schools, with four hundred and forty pupils, and they maintain sixty pupils in the States at the national -expense. The other tribes do not show such advancement, as they have but recently entered the Territory; but all are anxious for more schools. This report is necessarily meager, as I arrived after the organization of the council and departed before its adjournment. Superintendent Hoag will, however, transmit a full and correct transcript of all the proceedings, the receipt of which may now be expected at any moment. The council also passed a resolution extending an invitation to the wild tribes of the plains, part of whom are located within the limits of the Indian Territory, to meet with them at their next general council, and urging them to maintain peaceful relations with the people