Towards statehood of Oklahoma, which was in 1907, Congress right the year before passed an act, April 24, 1906, which specifically stated that even though allotments were taking place and even though Oklahoma was going to become a State, Congress said that the Chickasaw Nation should continue in full force and effect until otherwise provided by law.

Senator, there has been no "otherwise provided by law" since 1906. What happened was this: The Bureau of Indian Affairs immediately began to perpetrate a fraud upon the Congress and the Chickasaw people. They began to demand and tell the people and overrule Congress and say:

Folks, the ball game is over. Your constitution is no good and your legislation is no good and you might as well give up. We are going to hold on to the principal chief. On top of it the Governor is going to be appointed by the President of the United States.

So around statehood even though Congress spoke quite clearly as to what was to happen, the Bureau of Indian Affairs began to insist that they were going to recognize one person at the U.S. Government and they were only going to recognize one person in the tribe.

Since that time, Senator, as I said before, there has been no "otherwise provided by law" and Congress is the one who sets the policy. So, because of that, to this day our constitution is still in full force and effect legally. We have been denied the opportunity and are still denied the opportunity and, in fact, the area office in Muskogee has recently said that they recognize the present governor as the spokesman for the Chickasaw Tribe and will not recognize the right of the Chickasaw people to legislate policy for themselves.

That is why we come before you today saying that the governor of the Chickasaw Nation and the chief of the Choctaw Nation have no authority because they have not been granted the authority by the people.

This is a government of the people in the Chickasaw Nation and the Choctaw Nation just as the U.S. Government is. We resent any indication by the Chickasaw governor that he has the right to come in here and negotiate.

Senator, suppose that Jimmy Carter were to get on television tonight and announce to the American people that he was going to negotiate with Japan for the sale of Hawaii. How would that make you, as a Senator, feel or how would that make the American people feel? He has no authority to do that. He is the policymaking branch of the Government.

Likewise, the Chickasaw governor is not the policymaking person of the Chickasaw Nation.

We are talking about the disposition of extremely valuable lands in Oklahoma that belong to Indian people.

Senator, it seems incredible to me-and maybe it does to you-does it strike you funny that Indian people who are purporting to represent Indian people are here today asking to get rid of Indian lands when all over the United States Indians are wanting to hold lands? That is what we have. We were here. These are our lands.

For someone to come in here to purport that he wants to negotiate for $74 million our lands that can mean something valuable to us in perpetuity, we simply reject it.

Chairman ABOUREZK. Did the question of selling or not selling these lands come up in the election campaign?

Mr. TATE. It certainly did.

Chairman ABOUREZK. Was that the principal issue?

Mr. TATE. Not necessarily.

Chairman ABOUREZK. I am curious to know what the general expression of the voters in the tribe was on that issue.

Mr. TATE. That was an issue. It was a definite issue.

Chairman ABOUREZK. You say it was not the major issue?

Mr. TATE. I don't know what a major issue would have been. That was one of the major ones. We want a democratic form of government. That was one of the strongest points that we campaigned on. Chairman ABOUREZK. I understand what you are saying. If you will submit that constitution for the record we would appreciate it. [The constitution of the Chickasaw Nation follows:]

CONSTITUTION OF THE CHICKASAW NATION

We, the people of the Chickasaw Nation, acknowledging with gratitude the grace and beneficience of God, in permitting us to make choice of our own form of government, do, in accordance with the first, second, fourth and seventh articles of the Treaty between the United States, the Choctaws and Chickasaws, made and concluded at Washington City, June 22, A.D. 1855, and the Treaty of April 28, A.D. 1866, ordain and establish this Constitution for our government, within the following limits, to-wit:

Beginning on the north bank of Red river, at the mouth of Island bayou, where it empties into Red river, about twenty-six miles on a straight line below the mouth of False Washita; thence running a northwesterly course along the main channel of said bayou to the junction of the three prongs of said bayou nearest the dividing ridge between Washita and Low Blue rivers, as laid down on Captain R. L. Hunter's map; thence northerly along the eastern prong of said Island bayou to its source; thence due north to the Canadian river; thence west along the main Canadian to the ninety-eighth degree of west longitude; thence south to Red river, and thence down Red river to the beginning;

Provided, however, if a line running due north from the eastern source of Island bayou to the main Canadian, shall not include Allen's or Wapanucka Academy within the Chickasaw District, then an off-set shall be made from said line, so as to leave said academy two miles within the Chickasaw District, north, west and south from the lines of boundary.

Bill of rights

ARTICLE I

That the general, great and essential principles of liberty and free government may be recognized, and established, we declare that:

SECTION 1. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the inalienable right to alter, reform or abolish their form of government in such manner as they may think expedient.

SEC. 2. All freemen, when they form a social compact have equal rights, and no man or set of men is entitled to exclusive, separate, public emoluments or privileges, but in consideration of public services.

SEC. 3. No religious test shall ever be required as a qualification to any office of public trust in this Nation.

SEC. 4. All men have a natural and indefeasible right to worship God according to the dictates of their own consciences. No man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministery against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society, or mode of worship; but it shall be the duty of the Legislature to pass such laws as shall be necessary to protect every religious denomination in the peaceable enjoyment of their own mode of worship.

SEC. 5. Every citizen shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege, and no law shall ever be passed curtailing the liberty of speech, or of the press.

SEC. 6. The people shall be secure in their persons, houses, papers and possessions, from all unreasonable searches or seizures; and no warrant to search any place, or to seize any thing, shall issue without describing them, as near as may be, nor without probable cause, supported by oath or affirmation: Provided, however, that searches for, and seizures of, intoxicating liquors, are not to be considered unreasonable searches or seizures.

SEC. 7. In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself. He shall have the right of being heard by himself or counsel, or both; shall be confronted with the witnesses against him, and shall have compulsory process for obtaining witnesses in his favor. And no person shall be held to answer for any criminal charge, but on indictment or information.

Sec. 8. All prisoners shall be bailable by sufficient sureties, except such as may, in the opinion of the Judge of the examining court, be guilty of willful murder. SEC. 9. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. All courts shall be open; and every person, for an injury done him in his lands, goods, person or reputation, shall have remedy by course of law.

SEC. 10. No person, for the same offense, shall be twice put in jeopardy of life or limb; nor shall a person be again put upon trial for the same offense, after a verdict of not guilty. And the right of trial by jury shall remain inviolate.

SEC. 11. The Legislature shall have the power, by law, to prescribe the mode and manner of persons bearing arms in defense of themselves or their country. SEC. 12. No person shall ever be imprisoned for debt.

SEC. 13. The citizens shall have the right, in a peaceable manner to assemble together for their common good, and to apply to those invested with powers of government for redress of grievances, or other purposes, by address or remonstrance.

SEC. 14. The Legislature shall pass no retrospective law, or any law impairing the obligation of contracts.

SEC. 15. Neither polygamy nor concubinage shall be tolerated in this Nation, from and after the adoption of this Constitution.

SEC. 16. All bonds, fines and notes shall be collected by judicial process, from and after the adoption of this Constitution.

ARTICLE II

Rights of suffrage

SECTION 1. No idiot, or insane person, nor any person convicted of any criminal violation of law against the Chickasaw Nation; or after the commission of such offense, by persistently eluding the vigilance of the officers and avoiding arrest, shall be entited to the privileges of an elector.

SEC. 2. All elections by the people shall be by viva voce.

SEC. 3. All free male persons of the age of nineteen years and upwards, who are by birth or adoption members of the Chickasaw tribe of Indians, and not otherwise disqualified, and who shall have resided six months immediately preceding any election in the Chickasaw Nation, shall be deemed qualified electors, under · the authority of this Constitution.

ARTICLE III

Divison of the powers of government

SECTION 1. The powers of the Government of the Chickasaw Nation shall be divided into [three] distinct departments, and each of them confided to a separate body of magistracy, to-wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another. And no person or collection of persons, being one of those departments, shall exercise any power properly attached to either of the others.

SECTION 1. The legislative powers of this Nation shall be vested in two distinct branches; the one to be styled the Senate, and the others the House of Repre

sentatives, and both together, the Legislature of the Chickasaw Nation. The style of the laws shall be: "Be it anacted by the Legislature of the Chickasaw Nation." SEC. 2. The members of the House of Representatives shall be chosen by the qualified electors, and their term of office shall be [one] year from the day of the general election. And the session of the Legislature shall be annual, at Tishomingo, commencing on the first Monday in September, in each and every year. SEC. 8. No person shall be a Representative unless he be a Chickasaw by birth or adoption, and shall have been an inhabitant of the Chickasaw Nation one year next preceding his election, and the last six months thereof a citizen of the county for which he shall be chosen, and shall have attained to the age of twentyone years at the time of his election.

SEC. 4. The Senators shall be chosen by the qualified electors for the term of two years, at the same time and place as Representatives. And no person shall be a Senator unless he be a Chickasaw by birth or adoption, and has been a citizen of the Chickasaw Nation one year next preceding his election, and the last six months a citizen of the Senatorial district for which he shall be chosen, and shall have attained to the age of thirty years at the time of his election. SEC. 5. The number of Senators shall not be less than one-third nor more than two-thirds of the number of Representatives.

SEC. 6. The Legislature shall have power to prescribe the manner of enumerating and apportioning the number of inhabitants necessary for the election of Representatives to the Legislature. The counties of Pickens and Tishomingo, shall elect four1 Representatives each; and the counties of Panola and Pontotoc shall elect five Representatives each, until otherwise changed by the action of Legislature.

SEC. 7. The Legislature shall divide the Chickasaw Nation into four Senatorial districts; Provided, however, until said division, the counties of Panola, Pickens, Tishomingo and Pontotoc, shall each respectively constitute a Senatorial district. And each Senatorial district shall be entitled to elect three Senators.

SEC. 8. The House of Representatives, when assembled, shall choose a Speaker and its other officers, and the the Senate shall choose a President and its other officers. And each House shall judge of the qualifications and elections of its own members; but contested elections shall be determined in such manner as shall be directed by law. And a majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may provide.

SEC. 9. Each House may determine the rules of its own proceedings; punish members for disorderly conduct; and, with the consent of two-thirds, expel a member, but not a second time for the same offense.

SEC. 10. Each House shall keep a journal of its proceedings, and shall publish the same. And the yeas and nays of the members of either House, on any question, shall, at the desire of any three members present, be entered on the journal.

SEC. 11. When vacancies happen in either House, the Governor, or the person exercising the power of Governor, shall issue writs of election to fill such vacancy. SEC. 12. Senators and Representatives shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same.

SEC. 13. The business of both Houses shall be transacted with open doors. SEC. 14. Neither House shall, without the consent of the other, adjourn for more than three days.

SEC. 15. Bills may originate in either House, and [be] amended, altered or rejected by the other; but no bill shall have the force of a law until it be read in each House two several days and free discussion allowed thereon, unless twothirds of the House in which the same shall be pending may deem it expedient

1 "Four" was changed by act of Legislature to "five."

to dispense with this rule. And every bill, having passed both Houses, shall be signed by the Speaker and President of their respective bodies.

SEC. 16. All bills for raising a revenue, and all appropriation bills for the support of the Government of the Chickasaw Nation, shall originate in the House of Representatives; but the Senate may amend or reject them as other bills.

SEC. 17. Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law; but no increase of compensation shall take effect during the session at which such increase shall have been made.

SEC. 18. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this Nation, which shall have been created or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people.

SEC. 19. Any person who may hereafter become a collector or holder of public monies, and who, failing to account for the same, shall become a defaulter to the Government of the Chickasaw Nation, shall be ineligible to any office of trust or profit until such monies are satisfactorily accounted for, and paid into the National Treasury.

SEC. 20. No money shall be drawn from the Treasury but in consequence of an appropriation made by law. An accurate statement of the receipts and expenditures of public monies shall be attached to, and published with the laws, at every regular session of the Legislature.

SEC. 21. The members of the Legislature shall receive, for their services, three dollars per day,' until otherwise fixed by law; and be paid out of the Public Treasury.

SEC. 22. The House of Representatives shall have the sole power of impeachments; and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath, or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend only to removal from office, and disqualification from holding any office of honor, trust. or profit, under this Nation; but the parties convicted, shall, nevertheless, be subject to indictment, trial, and punishment, according to law.

SEC. 23. All officers against whom articles of impeachment may be preferred, shall be suspended from the exercise of the duties of their office during the pendency of their impeachment. The appointing power shall make a provisional appointment to fill the vacancy occasioned by the suspension of an officer, until the decision on the impeachment.

SEC. 24. The Legislature shall provide for the trial, punishment and removal from office, of all other officers of this Nation, by indictment, or otherwise.

SEC. 25. In conformity with the "Treaty of April 28, 1866," the Legislature shall have the power to enact any and all laws necessary to carry into effect the requirements specified in the said Treaty.

Executive department

ARTICLE V

SECTION 1. The Supreme Executive power of this Nation shall be vested in a Chief Magistrate, who shall be styled "The Governor of the Chickasaw Nation." SEC. 2. The Governor shall be elected by the qualified electors of the Nation, at the time and place of elections for members of the Legislature, and shall hold his office two years from the time of installation and until his successor shall be qualified; but shall not be eligible for more than four years in any term of six years.

SEC. 3. No person shall be eligible to the office of Governor unless he shall have attained the age of thirty years, and shall have been a resident of the Nation for one year next preceding his election. Neither shall any person, except a Chickasaw by birth, or an adopted member of the tribe, at the time of the adoption of this Constitution, be eligible to the office of Governor.

SEC. 4. The returns of every election for Governor shall be made out, sealed up and transmitted to the National Secretary, at the seat of government, who shall deliver it to the Speaker of the House of Representatives, during the first day of its organization, who shall proceed immediately to open and count the votes in the presence of both Houses of the Legislature. The person having a majority of

2 Three dollars per day, changed to four dollars per day, by law.