to delegate to him or to the President or any other officer legislative power over us or our relations with the United States. The executive branch of your Government should deal with us in accordance with your laws and judicial decisions, which distinctly recognize our national organization and rights of self-government, as herein before shown.

Our constitution provides that the judicial power of the Osage Nation shall be vested in a supreme court and such circuit or inferior courts as the national council may from time to time ordain and establish; that the judges shall be elected by the national council. (Laws) of the Osages, 1895, pp. 58, 59.) Our constitution and laws further fix the criminal and civil jurisdiction of our courts, and provide for a sheriff and a prosecuting attorney. Our constitution provides that

In all criminal prosecutions the accused shall have the right of being heard; of demanding the nature of accusation; of meeting the witnesses face to face: of having compulsory process for obtaining witnesses in his or their favor, and in prosecutions by indictment or information, a speedy, public trial; nor shall the accused be compelled to give evidence against himself.

Our constitution and laws in these and all other respects are reasonable and just; they were voluntarily adopted by our people and are satisfactory to them. We do not want to be tried criminally, nor do we want our civil controversies to be tried, by judges not of our selection.

The action of the Interior Department in wholly abolishing our courts takes from us the means of settling controversies between our own people and of punishing those among them who violate our laws. Not only this, but it is contrary to the clear intention of Congress. Section 12 of the act of Congress of May 2, 1890 (26 Stat. L., S1), denies jurisdiction in the courts of Oklahoma Territory "in controversies arising between Indians of the same tribe while sustaining their tribal relations." Section 31 of the same act provides

That no attachment shall issue against the improvements on real estate while the title to the land is vested in any Indian nation except where such improvements have been made by persons, companies, or corporations operating coal or other mines, railroads or other industries, under lease or permission of law of an Indian national council or charter or law of the United States.

Sections 12 and 36 of said act of Congress conferring upon the courts of the Territory jurisdiction over controversies in which Indians may be parties exclude controversies between Indians of the same tribe. The act of Congress of March 3, 1885 (23 Stat. L., 385), confers upon the Territorial courts jurisdiction over certain felonies therein specified when committed by Indians.

Congress has thus left to the tribal courts jurisdiction over all civil controversies between members of the same tribe, and also over all offenses committed by members of the tribe, excepting the felonies specified in the act of March 3, 1885, above mentioned.

The appropriation act of March 1, 1899, provides "for compensation of judges of Indian courts, $12,540." (30 Stat. L., 927.)

The existence of Indian courts having civil and criminal jurisdiction is recognized by the regulations of the Indian Office. (Secs. 580 to 589, inclusive.)

These regulations provide

That there shall be established at each Indian agency, except the agencies for the Five Civilized Tribes in the Indian Territory, a tribunal consisting of three Indians (except where the number shall be increased or diminished by special direction of this office), to be known as the court of Indian offenses, and the mem

bers of said court shall each be styled judge of the court of Indian offenses. Agents may select from among the members of the tribe persons of intelligence and of good moral character and integrity and recommend the same to this office for appointment as judges.

These regulations further prescribe the term of office and qualifications of such judges; that such court shall hear and pass judgment upon all such questions as may be presented for consideration by the agent or by his approval, and shall have original jurisdiction over all Indian offenses therein specified; that the Indian agent may compel the attendance of witnesses and enforce with the aid of the police orders passed by such courts; that the orders, decrees, and judgments of said courts shall be subject to the approval or disapproval of the agent and final review on appeal to the Interior Department; that the civil jurisdiction and procedure of such courts shall be the same as those of justices of the peace in the State or Territory where the court is located; that money derived from fines imposed by the judges of said courts must be taken up and accounted for under the head of miscellaneous receipts, etc.

We are advised and believe that these regulations have never been submitted to the President of the United States for his consideration, and the same have not been prescribed or approved by the President, as provided in section 463, Revised Statutes of the United States, and are therefore wholly inoperative and void, particularly in so far as they undertake to deprive the Osage Nation of its right to select its own judges. Furthermore, in view of the long-continued recognition by Congress of our right to exercise the power of self-government and the limited nature of the powers conferred upon the executive department of your Government in this connection, it appears to us that even the President has not, and never had, the power, by regulation or otherwise, to appoint our judges or to abolish our Indian courts or to take away any of the powers or jurisdiction thereof or to abolish any of our offices.

The United States agent has wrongfully assumed the right to collect and is collecting the tax charged under Osage laws upon white persons coming into the Osage country (called permit money), and refuses to allow the same to be paid to our national treasurer or to account to him therefor. In fact, the Secretary has by the orders referred to abolished the office of Osage national treasurer; has taken possession of his office building, safe, and vaults, and turned same over to a private banking concern composed of white men, and all this without the consent of the Osage council or tribe.

We will not attempt in this memorial to recite all our grievances, but, believe us, they are numerous; and since we have been by the action of the Interior Department in its attempt to abolish our offices deprived of the power to protect ourselves or to enforce our laws our causes for complaint are multiplying.

Heretofore we, under our permit system and the strict enforcement of the Osage laws by Osage officials, have been able to control the entrance of whites and others not entitled to live on our reservation. But with the bars thrown down, as they have been by the action complained of, our reservation will soon be overrun by intruders, and the annoying conditions and experiences of our neighboring tribes in the Indian Territory are those we will have to confront.

Some time ago we addressed a letter to the Great Father, a copy of which is attached. It will be noted that it is a communication from the Osage council, and it may be said in this connection that if the

whole world turns its face against us that the Osage people themselves will ever remain faithful to their national council.

We feel that this is the supreme moment for us, that this is our last appeal, and that Congress is our last resort in our effort to obtain justice. Our continued appeals to the executive department of your Government have been fruitless. We have been met there by influences we could not overcome. The Interior Department not only withholds justice from us, but the Secretary also refuses to hear us by counsel of our own selection, saying that he has charge of our affairs. We are not allowed to sue in the courts of the United States for redress in the premises, and must therefore come to you.

We renew our request that the Interior Department be required to act within the bounds of law and justice toward us; that our right to manage our internal affairs be restored to us; that we be allowed counsel of our own selection to represent us, and that we may be assured of such treatment hereafter from your Government as to justify the faith our fathers placed in yours, and to save without stain the honor your Government pledged as security for the performance of the trusts it assumed toward the Osage people.

JANUARY 26, 1901.-Referred to the Committee on Indian Affairs and ordered to be printed.

Mr. THURSTON presented the following

MEMORIAL FROM THE CHOCTAW NATION RELATIVE TO THE STATUS OF THE LANDS OF THE WICHITA RESERVATION.

To the Senate and House of Representatives of the United States of America in Congress assembled:

The people of the Choctaw Nation have heard, with great surprise and regret, of the decision of the Supreme Court of the United States upon the status of the lands of the Wichita Reservation, and now feel obliged to accept the suggestion of the Supreme Court and appeal to Congress to repair the wrong done them by the commissioners of the United States who wrote the treaty of 1866.

The Choctaw Nation have too much respect for that great tribunal to question the correctness of the decision above referred to; but they most respectfully submit that it operates to their great loss and injury. Your memorialists, the Choctaw people, through their general council, respectfully represent:

1. That prior to 1820 they held, and from time immemorial had held, a vast tract of land east of the Mississippi River; that in 1820 they ceded about 6,000,000 acres thereof to the United States in exchange for lands west of that river, and described in the treaty of 1820 (7 Stat., 210); that in 1830 they ceded to the United States the remainder of their lands east of the Mississippi River, comprising about 10,000,000 acres, and the United States agreed to convey to them, in fee, the lands theretofore ceded by the treaty of 1820, to the one hundredth meridian, and accordingly, in 1842, the conveyance was made, whereby the Choctaws became the owners in fee simple of the said tract of land, and the United States guaranteed to them that it should be only subject to Choctaw government, free from the government of any State, etc.

2. In 1855 the United States desired to procure the settlement of certain other Indians on some of the lands so owned by the Choctaws in fee, as above stated, and by a treaty of that year the Choctaws and Chickasaws (the Chickasaws having acquired an interest from the Choctaws in 1837) leased the body of their lands lying between the