President announced as members of the committee on revision, Allen Ross, of the Cherokee Nation; G. W. Walker, of the Muskokee Nation; E. J. Brown, of the Seminole Nation.

By request of Mr. Moore, of the Muskokee Nation, Mr. James Thompson, of the Choctaw Nation, was added to the committee on international relations.

On motion of J. M. Penyman, of the Muskokee Nation, the council adjourned to meet again at o'clock p. m.

President announced the house in order for business.

2 O'CLOCK P. M.

The president added to the committee on revision Mr. Joseph Thompson, of the Cherokee Nation.

Allen Ross, of the Cherokee Nation, chairman of the committee on international relations, submitted the report of that committee, in the form of a resolution tendering to the wild tribes of the Plains the hand of friendship, and recommending to them the prudence of refraining from acts of hostility among themselves, as well as against the citizens of the United States.

The president highly recommended the spirit of the report, and expressed a desire that every effort will be made to better the condition of the tribes of the Plains, as well as all other Indians.

On motion of J. A. Scales, of the Cherokee Nation, the report was unanimously adopted.

Your committee, to whom was referred the resolution in regard to the various tribes of the Plains, respectfully state that they have carefully considered said subject, and beg leave to submit the following resolution, and recommend that it be adopted by the general council:

Resolution in relation to the tribes of the Plains.

Resolved by the general council of the Indian Territory, That the superintendent of Indian affairs be, and he is hereby, requested to convey, through their respective agents or otherwise, to the Comanches, Kiowas, Cheyennes, Arapahoes, and other tribes of the Plains, the fact that the Choctaws, Chickasaws, Cherokees, Muskokees, Seminoles, Osages, Senecas, Shawnees, Ottawas, Peorias, Wyandotts, Quapaws, and Sacs and Foxes have met in general council and confederated; that the object of this confederation is to preserve peace and friendship among themselves, with all other red men, and with the people of the United States; to promote the general welfare of all Indians, and to establish friendly relations with them; to secure our lands exclusively to ourselves and to transmit them to our children after us; that the nations above named extend to them the hand of friendship; that they earnestly recommend them to refrain from acts of hostility among themselves and with the people of the United States, and that we offer them our aid and counsel in establishing permanently friendly relations with the Government of the same, and will meet them in council whenever practicable and desired by the superintendent of Indian affairs.

On motion of Porter, of the Muskokee Nation, council adjourned to meet at 9 o'clock to-morrow.

DECEMBER 16, 1870–9 o'clock. Conneil met pursuant to adjournment. Minutes of the preceding day read and adopted.

Robert Lumbard, as a delegate from the Quapaw Nation, in place of George Lane, presented his credentials and was admitted to a seat in the council.

James M. C. Smith, chairman of the committee on education, submitted the report of that committee, which was read and referred back to the committee for correction. On motion of J. R. Moore, council adjourned to meet at 1 o'clock p. m.

1 O'CLOCK P. M. President announced that the committee on the constitution had reported only a a portion of its work, which was taken up, read twice, and interpreted. The report of the committee on education was received as corrected, read, and interpreted, which, on motion of J. M. C. Smith, was laid on the table, and the report of the committee on the constitution was taken up, read, and interpreted. Council adjourned to meet at 9 o'clock to-morrow morning.

SATURDAY, December 17, 1870. Council met pursuant to adjournment. Roll was called. Another portion of the report of the committee on the constitution was read and interpreted.

Smith, of the Muskokee Nation, moved to adjourn until Monday morning, 9 o'clock a. mn. Motion sustained.

The report of the committee on the populations and educational interests of the several nations represented in the general council, was read and adopted, for which see Appendix C.

A

DECEMBER 19, 1870. Council convened at 9 o'clock pursuant to adjournment. The roll was called by the secretary.

Mr. Ross, of Cherokees, introduced the following resolution, which was adopted: Resolved, That the president of the general council be respectfully requested to allow the mileage of those members, for the distance they traveled in going to and returning from the regular session of the council in September last, but who failed to reach it before its adjournment until December.

By order of the president the entire constitution, as drafted by the committee, was read a second time and interpreted.

The committee on education submitted a revised copy of their report of the day previous, which was read and adopted. Report.

On motion C. Laflore, the council adjourned to meet again at 2 o'clock.

2 O'CLOCK P. M.

Council met pursuant to adjournment, and the roll was called by the secretary. W. P. Ross, of the Cherokees, introduced an invitation from the Cherokee council. requesting the location of the capital at Fort Gibson. Motion by Mr. Ross to lay the same on the table. Motion adopted.

Constitution as draughted was put upon its third reading.

Section 6 of the declaration of rights amended by Percy by inserting after the word "jury" the words "of the district wherein the crime shall have been committed.” Amendment adopted. Mr. Ross moved to amend the 2d section of the 3d article, by inserting after the last word the words "and for the Sacs and Foxes one senator." Adopted.

Mr. Percy, of Chickasaw Nation, moved to strike out the whole section 2 of article 3, and insert: "The senate shall be composed of one member from each nation adopting this constitution." The ayes and nays were called for by George W. Johnson, of the Cherokee Nation. Rejected, nays 48, ayes 8.

George W. Johnson moved to amend by inserting in the 3d section of the 4th article the words: " and who shall not be a natural born citizen of the Indian Territory." Laflore moved to insert as a part of section 11 of article 4, the clause: All commissions shall be "In the name and by the authority of the Indian Territory, and be sealed with the seal, and signed by the governor and attested by the secretary of the Territory." This clause was adopted.

Mr. Johnson, of the Cherokee Nation, moved to amend the schedule by inserting: "Provided that this constitution shall be obligatory and binding only upon such nations and tribes as may hereafter duly approve and adopt the same." Amendment adopted.

Council adjourned to meet at 9 o'clock to-morrow.

DECEMBER 20, 1870.

Council met pursuant to adjournment. Roll called; minutes read and adopted. Mr. Ross, of the Cherokee Nation, moved to transpose the last clause of the 3d section of the 5th article, and make it the concluding clause of the 2st section of the same article. Adopted.

C. Laflore submitted an additional section as section 17th to the 3d article of the constitution, as follows: The salaries of all officers created under this constitution, not otherwise provided, shall be regulated by law, but there shall be no increase or diminution in the same during the term for which said officers may have been elected or appointed. Adopted.

Mr. J. Thompson, of the Choctaws, moved to amend the schedule by inserting after the word councils, in the 8th line, the words or the people. Adopted.

Laflore moved to amend section 9 of article 4, by inserting “and fines” after the words respites.

Mr. Johnson, of the Cherokee Nation, submitted resolutions providing for the submitting of the constitution to the several nations, without taking a vote on the same at the present time, as an amendment to the schedule resolution.

Mr. Scales moved to lay on the table. Motion prevailed. Mr. Ross called for the ayes and noes, when the vote stood as follows:

PRO. W. P. Ross, R. Keys, A. Ross, J. Sarcoxie, O. H. P. Brewer, S. M. Taylor, J. A. Scales, Stealer, Moses Alberty, J. Vann, G. W. Johnson, J. Thompson, J. W. Adair, G. W. Stidham, P. Porter, J. R. Moore, L. C. Perryman, J. M. Perryman, Oc-lar-har-saw Harjo Charke, T. Barnett, J. M. C. Smith, G. W. Walker, Martup Yohola, D. M. Hodge, C. Laflore, J. McKinney, Wm. Fry, Ma-ha-tub-bee, A. R. Durant, J. Thompson, J. P. Fulsom, Alfred Wright, Colman Cole, Hapiah-tubbee, C. Carter, J. Kemp, F. King, L. Flint, R. Lumbard, Geo. Spicer, Geo. Wright, Ed. Black, Keokuk, John White, J. Ellis, A. Captain, S. Bevenne, Hard Rope, Wah-to-ink-a, Fushutche Harjo, E. J. Brown, Con E. Proctor, H. Chambers, S. W. Perryman-Ayes, 52. Nays, 3.

Constitution was declared adopted. Appendix B.

9. H. P. Brewer, of the Cherokees, submitted resolutions providing for the sending of delegates to the seat of the United States Government.

On motion of J. Thompson, of the Cherokee Nation, council adjourned until 2 o'clock p. m.

Council met pursuant to adjournment.

The following resolutions were unanimously adopted:

2 O'CLOCK P. M.

1. Resolved, That the general council adjourn this day, December 20, at 3 o'clock p. m., to meet on the first Monday in June next, at Ocmulgee, Creek Nation.

2. On motion of Mr. Ross, of the Cherokee Nation,

Resolved, That we tender to the president our thanks for the impartial and dignified manner in which he has presided over the sittings of the general council.

3. On motion of Mr. Porter, of the Creek Nation,

Resolved, That we tender our thanks to Edward Earle, Dr. Nicholson, and Thomas Miller for their kind attention and advice during the sessions of the general council. 4. On motion of C. Laflore the council adjourned, to meet at Ocmulgee, Creek Nation, on the first Monday in June, 1871.

ENOCH HOAG,

Superintendent Indian Affairs, President.

G. W. GRAYSON,
Secretary.

In compliance with the resolution of the Senate of the 13th instant, the report of the Chief of Engineers upon the progress of the improvement of the Cape Fear River.

JANUARY 31, 1871.-Referred to the Committee on Commerce and ordered to be printed

WAR DEPARTMENT, January 30, 1871.

The Secretary of War has the honor to submit to the Senate of the United States, in answer to the resolution of January 13, 1871, a report of the Chief of Engineers upon the progress of the improvement of the Cape Fear River, North Carolina.

WM. W. BELKNAP,
Secretary of War.

OFFICE OF THE CHIEF OF ENGINEERS,
Washington, D. C., January 30, 1871.

SIR: In compliance with the resolution of the Senate of the 13th instant, calling for information in relation to the progress of the works near the mouth of the Cape Fear River in North Carolina, I transmit herewith a copy of the report of Major W. P. Craighill, Corps of Engineers, the officer in charge of that improvement, dated January 23, which it is believed will afford all the information required. The recommendation of Colonel Craighill is concurred in. The resolution of the Senate is herewith returned. Very respectfully, your obedient servant,

A. A. HUMPHREYS, Brigadier General and Chief of Engineers.

Hon. W. W. BELKNAP,

Secretary of War.

UNITED STATES ENGINEER OFFICE,
Baltimore, Maryland, January 23, 1871.

GENERAL: I have the honor to acknowledge the reference to me for report of the Senate resolution of January 13, (received 20th,) calling for information as to the progress of the work of improvement at the mouth of the Cape Fear River in North Carolina.