and four, prior to the passage of this act, shall be prosecuted in the said United States courts, respectively, the same as if this act had not been passed. Exclusive orig R. S., pp. 10451048. justice. SEC. 35. That exclusive original jurisdiction is hereby inal jurisdiction. conferred upon the United States court in the Indian Territory to enforce the provisions of chapter four, title seventy, of the Revised Statutes of the United States entitled "Crimes against justice," in all cases where the crimes Crimes against mentioned therein are committed in any judicial proceeding in the Indian Territory and where such crimes affect or impede the enforcement of the laws in the courts established in said Territory: Provided, That all violations of the provisions of said chapter prior to the passage of this cutting proseact shall be prosecuted in the United States courts for the western district of Arkansas and the eastern district of Texas, respectively, the same as if this act had not been passed. Proviso. Pending over controverdians of different tribes. SEC. 36. That jurisdiction is hereby conferred upon the Jurisdiction United States court in the Indian Territory over all contro-sies between Inversies arising between members or citizens of one tribe or nation of Indians and the members or citizens of other tribes or nations in the Indian Territory, and any citizen or member of one tribe or nation who may commit any offense or crime against the person or property of a citizen or member of another tribe or nation shall be subject to the same punishment in the Indian Territory as he would be if both parties were citizens of the United States. And any member or citizen of any Indian tribe or nation in the Indian Territory shall have the right to invoke the aid of said court therein for the protection of his person or property as against any person not a member of the same tribe or nation, as though he were a citizen of the United States. SEC. 37. That if any person shall, in the Indian Terri- Lotteries, etc. tory, open, carry on, promote, make or draw, publicly or privately, any lottery, or scheme of chance of any kind or description, by whatever name, style or title the same may be denominated or known, or shall, in said Territory, vend, sell, barter or dispose of any lottery ticket or tickets, order or orders, device or devices, of any kind, for, or representing any number of shares or any interest in any lottery or scheme of chance, or shall open or establish as owner or otherwise any lottery or scheme of chance in said Territory, or shall be in any wise concerned in any lottery or scheme of chance, by acting as owner or agent in said Territory, for or on behalf of any lottery or scheme of chance, to be drawn, paid or carried on, either out of or within said Territory, every such person shall be deemed guilty or. of a misdemeanor, and, on conviction thereof, shall be fined misdemeanfor the first offense, not exceeding five hundred dollars, and Penalties. for the second offense shall, on conviction, be fined not less. than five hundred dollars and not exceeding five thousand, and he may be imprisoned, in the discretion of the court, enforce, etc. not exceeding one year. And jurisdiction to enforce the Jurisdiction, to provisions of this section is hereby conferred upon the deputies; may censes, etc. corders of deeds. Provisos. United States court in said Indian Territory, and all persons therein, including Indians and members and citizens of Indian tribes and nations, shall be subject to its provisions and penalties. Clerks and SEC. 38. The clerk and deputy clerks of said United mar-States court shall have the power within their respective divisions to issue marriage licenses or certificates and to Marriage 11-solemnize marriages. They shall keep copies of all marriage licenses or certificates issued by them, and a record book in which shall be recorded all licenses or certificates after the marriage has been solemnized, and all persons authorized by law to solemnize marriages shall return the license or certificate, after executing the same, to the clerk or deputy clerk who issued it, together with his Ex officio re- return thereon. They shall also be ex-officio recorders within their respective divisions, and as such they shall perform such duties as are required of recorders of deeds under the said laws of Arkansas, and receive the fees and compensation therefor which are provided in said laws of Arkansas for like service: Provided, That all marriages heretofore contracted under the laws or tribal customs of any Indian nation now located in the Tribal mar- Indian Territory are hereby declared valid, and the issue riages valid, islegitimate, of such marriages shall be deemed legitimate and entitled to all inheritances of property or other rights, the same as in the case of the issue of other forms of lawful marriage: Provided further, That said chapter one hundred and three Construction of said laws of Arkansas shall not be construed so as to of Arkansas law interfere with the operation of the laws governing marimited, etc. riage enacted by any of the civilized tribes, nor to confer any authority upon any officer of said court to unite a citizen of the United States in marriage with a member of any of the civilized nations until the preliminaries to such marriage shall have first been arranged according to the laws of the nation of which said Indian person is a member: And provided further, That where such marriage is required by law of an Indian nation to be of record, the certificate of such marriage shall be sent for record to the proper officer, as provided in such law enacted by the Indian nation. sue etc. Record. United States SEC. 39. That the United States court in the Indian Ter appointment, etc. commissioners. ritory shall have all the powers of the United States circuit Qualification, courts or circuit court judges to appoint commissioners 'within said Indian Territory, who shall be learned in the law, and shall be known as United States commissioners; but not exceeding three commissioners shall be appointed Limitation. for any one division, and such commissioners when арpointed shall have, within the district to be designated in the order appointing them, all the powers of commissioners of circuit courts of the United States. They shall be Ex officio nota- ex officio notaries public, and shall have power to solemnize marriages. The provisions of chapter ninety-one of the said laws of Arkansas, regulating the jurisdiction and Justices of the procedure before justices of the peace, are hereby ex Powers. ries, etc. peace, etc. tended over the Indian Territory; and said commissioners shall exercise all the powers conferred by the laws of Arkansas upon justices of the peace within their districts; but they shall have no jurisdiction to try any cause where Limit_of juristhe value of the thing or the amount in controversy exceeds one hundred dollars. diction. Appeals. Appeals may be taken from the final judgment of said commissioners to the United States court in said Indian Territory in all cases and in the same manner that appeals may be taken from the final judgments of justices of the peace under the provisions of said chapter ninety-one. The said court may appoint a constable for each of the commissioner's districts designated by the court, and the constable so appointed shall perform all the duties required of constables under the provision of chapter twenty-four Constables. and other laws of the State of Arkansas. Each commis sioner and constable shall execute to the United States, for ap commissioners The appointments of United States commissioners by Existing said court held at Muscogee, in the Indian Territory, here- pointments of tofore made, and all acts in pursuance of law and in ratified. good faith performed by them, are hereby ratified and validated. fenses. Proviso. SEC. 40. That persons charged with any offense or crime, Crimes and ofin the Indian Territory, and for whose arrest a warrant has Procedure. been issued, may be arrested by the United States marshal Arrests. or any of his deputies, wherever found in said Territory, but in all cases the accused shall be taken, for preliminary Preliminary examination, before the commissioner in the judicial di- examination. vision whose office or place of business is nearest by the route usually traveled to the place where the offense or crime was committed; but this section shall apply only to Limitation. crimes or offenses over which the courts located in the Indian Territory have jurisdiction: Provided, That in all cases where persons have been brought before a United Warrant for reStates commissioner in the Indian Territory for prelim- moval. inary examination, charged with the commission of any crime therein, and where it appears from the evidence that a crime has been committed, and that there is probable cause to believe the accused guilty thereof, but that the crime is one over which the courts in the Indian Territory have no jurisdiction, the accused shall not, on that account, be discharged, but the case shall be proceeded with as provided in section ten hundred and fourteen of the Revised R. S., sec. 1014, Statutes of the United States. p. 189. criminal refugees. SEC. 41. That the judge of the United States court in the Extradition of Indian Territory shall have the same power to extradite persons who have taken refuge in the Indian Territory, Appeals and writs of error. Naturalization of Indians. Indians declared land in alty. sever charged with crimes in the States or other Territories of the United States, that may now be exercised by the governor of Arkansas in that State, and he may issue requisitions upon governors of States and other Territories for persons who have committed offenses in the Indian Territory, and who have taken refuge in such States or Territories. SEC. 42. That appeals and writs of error may be taken and prosecuted from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States in the same manner and under the same regulations as from the circuit courts of the United States, except as otherwise provided in this act. may SEC. 43. That any member of any Indian tribe or nation residing in the Indian Territory may apply to the United States court therein to become a citizen of the United States, and such court shall have jurisdiction thereof and shall hear and determine such application as provided in the statutes Certain Peoria of the United States; and the Confederated Peoria Indians to be citizens residing in the Quapaw Indian Agency, who have heretoupon accepting fore or who hereafter accept their land in severalty under any of the allotment laws of the United States, shall be deemed to be, and are hereby, declared to be citizens of the United States from and after the selection of their allotments, and entitled to all the rights, privileges, and benefits as such, and parents are hereby declared from that time to have been and to be the legal guardians of their minor children without process of court: Provided, That Indian rights not thereby for- the Indians who become citizens of the United States under the provisions of this act do not forfeit or lose any rights or privileges they enjoy or are entitled to as members of the tribe or nation to which they belong. Proviso. feited. Appropriation. penses. SEC. 44. That the following sum, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be disbursed under the direction of the Attorney-General of the United States, in the same manner that similar appropriations are disbursed in the other Territories of the United States, namely: Judicial ex- To pay the actual traveling and other expenses of the judge of the United States court holding court in said Indian Territory other than at Muscogee; to pay for the rent of buildings for the court; to provide jails and support prisoners; to pay mileage and per diem of jurors and witnesses; to provide books, records, and stationery for the judicial offices for the remainder of the fiscal year ending June thirtieth, eighteen hundred and ninety, the sum of ten thousand dollars. Approved, May 2, 1890. APPENDIX. [Extracts from American State Papers, Vol. 1.] No. 183. REMONSTRANCE OF THE PEOPLE OF LOUISIANA AGAINST THE POLITICAL SYSTEM ADOPTED BY CONGRESS FOR THEM. COMMUNICATED TO THE SENATE, ON THE 31st OF DECEMBER, 1804. We, the subscribers, planters, merchants, and other inhabitants of Louisiana, respectfully approach the Legislature of the United States with a memorial of our rights, a remonstrance against certain laws which contravene them, and a petition for that redress to which the laws of nature, sanctioned by positive stipulation, have entitled us. Without any agency in the events which have annexed our country to the United States we yet considered them as fortunate, and thought our liberties secured even before we knew the terms of the cession. Persuaded that a free people would acquire territory only to extend the blessings of freedom, that an enlightened nation would never destroy those principles on which its Government was founded, and that their Representatives would disdain to become the instruments of oppression, we calculated with certainty that their first act of sovereignty would be a communication of all the blessings they enjoyed, and were the less anxious to know on what particular terms we were received. It was early understood that we were to be American citizens; this satisfied our wishes; it implied every thing we could desire, and filled us with that happiness which arises from the anticipated enjoyment of a right long withheld. We knew that it was impossible to be citizens of the United States without enjoying a personal freedom, protection for property, and, above all, the privileges of a free, representative Government, and did not, therefore, imagine that we could be deprived of these rights even if there should have existed no promise to impart them; yet it was with some satisfaction we found these objects secured to us by the stipulations of treaty, and the faith of Congress pledged for their uninterrupted enjoyment. We expected them from your magnanimity, but were not displeased to see them guarantied by solemn engagements. With a firm persuasion that these engagements would be soon fulfilled, we passed under your jurisdiction with a joy bordering on enthusiasm, submitted to the inconveniences of an intermediate dominion without a murmur, and saw the last tie that attached us to our |