Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 579.
(Report No. 736.)
IN THE HOUSE OF REPRESENTATIVES.
June 27, 1848.
Read twice, and committed to the Committee of the Whole House on the
state of the Union.
Mr. McIlvane, from the Committee on Indian Affairs, reported the following bill:
A BILL
To provide for the organization of an Indian Territory west
of the Mississippi river.

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11 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That all that part of the Territory of the
United States bounded on the east by the States of
Arkansas and Missouri, as far north as the south bank of
the Missouri river; on the northeast by the south bank
of the said Missouri river, to the mouth of the river
Platte; on the north by the south bank of the said river
Platte to where its north branch crosses the forty-second
degree of north latitude nearest to the twenty-eighth
degree of longitude west from the city of Washington

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4 and by a line upon said latitude to the Mexican pos-
sessions, and bounded west and south by the said
Mexican possessions, shall constitute a Territory to be
called the Indian Territory.
Sec. 2. And be it further enacted, That the said
Territory shall be forever hereafter reserved for the use
of the various Indian tribes who may have a right to the
same, and the faith of the United States is hereby
pledged that all that part of the said Territory which has
been, or may be, granted to any of the Indian tribes,
shall be, and the same is hereby, secured to them and
their heirs and descendants forever, and the United
States will cause a grant or patent to be made and exe-
cuted for the same. And in case any two or more tribes
shall unite and form a single tribe, the grants to such
tribes shall enure to the benefit of such united tribe on
such terms as such tribes shall agree upon: Provided,
That such land shall revert to the United States, if the
Indians, for whose benefit such grants have been or
may be made, should become extinct or abandon them.
Sec. 3. And be it further enacted, That each of
the tribes residing within the said Territory may es-
tablish and maintain such government for the regulation
of their own internal affairs as to them may seem proper,

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7 not inconsistent with the constitution of the United States,
or the laws thereof.
Sec. 4. And be it further enacted, That until
otherwise provided by the people of the said Territory,
through the general council, and with the approval of
Congress, a governor of the said Territory shall be ap-
pointed by the President, by and with the advice and
consent of the Senate, who shall be, ex officio, superin-
tendent of Indian affairs of said Territory for the term of
three years, and who shall take an oath of office, and
shall receive, as governor and superintendent, an annual
salary of three thousand five hundred dollars, which shall
be in full of all charges, allowances, and emoluments of
whatever nature or kind. And the said governor shall
reside at such place within said Territory as may be
directed by the President of the United States, and shall
execute such duties as may be enjoined by law, or as may
be directed by the President.
Sec. 5. And be it further enacted, That a secre-
tary of the said Territory shall be appointed by the
President, by and with the advice and consent of the
Senate, for the term of four years, who shall take an
oath of office, and shall receive an annual compensation
of fifteen hundred dollars, which shall be in full of all
charges, allowances, and emoluments of whatever nature

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14 or kind. And it shall be the duty of the said secretary to
reside at the place appointed by the President of the
United States for the residence of the governor. He
shall keep a record of all the official proceedings of the
governor of the said Territory, and annually transmit
copies of the same to both Houses of Congress. He
shall also discharge the duties of governor of said Ter-
ritory, during the vacation of the office, or in the absence
therefrom of the governor, and shall fulfil such other
duties as shall be enjoined by law, or as may be directed
by the President of the United States.
Sec. 6. And be it further enacted, That as soon
as may be after his appointment, the said governor shall
convene, at some proper point, a sufficient number of the
chiefs, or other representatives of the various tribes
who may reside within the said Territory, and shall sub-
mit to them, for their assent, such of the provisions of
this act as require the co-operation of the authorities of
the respective tribes, in order to carry the same into
effect, and such assent, if given, shall be in writing, and
in duplicate, one of which duplicates shall be transmitted
to the War Department, and the other shall be preserved
in the office of the said governor: Provided, That ar-
ticles of confederation shall not be binding upon any
tribe unless assented to by the chiefs of such tribe, being

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12 previously authorized thereto, or unless they shall be
ratified by such tribe: Provided, also, That such con-
federation shall not take effect until the tribes assenting
thereto shall, in the aggregate, number at least one-
fourth of the whole amount, and that thereafter other
tribes in said Territory may join said confederacy, and
become members thereof: And provided, further, That
any tribe entering into this confederacy may, at any time,
recede therefrom by giving six months’ notice to the
governor of their desire so to do, in the same manner as
their assent to this act is required to be given, and the
governor shall immediately inform the Secretary of War
of the same.
Sec. 7. And be it further enacted, That a general
council of the several tribes giving their consent, and
forming the confederacy thus provided for, shall be an-
nually held, at such time and place as may be fixed by
the governor. The said council shall consist of not less
than one, nor more than five delegates from any tribe,
who shall be elected by the respective tribes, or selected
from the existing chiefs in proportion to their numbers,
which proportion shall be determined by the governor.
The general council shall have power to make all needful
regulations respecting the intercourse among the several
tribes, to preserve peace, to provide for their common

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7 safety, and generally to enact such laws as the welfare of
the confederation shall demand, and as may be necessary
to give effect to the purposes of this act, not inconsistent
with the constitution and laws of the United States. All
the laws and regulations adopted by the said council
shall be submitted to the governor for his consideration,
and shall have no force unless approved by him. The
governor shall also have power to convene the said
council upon extraordinary occasions, and at all times to
adjourn it. And the members of the council shall, until
otherwise provided, receive from the United States three
dollars each per day, during their attendance at the
sessions thereof, and their reasonable expenses to be set-
tled by the governor in going to and returning therefrom:
Provided, That nothing herein contained shall interfere
with the right of the general government to regulate the
trade and intercourse between the United States, and the
Indian tribes within said Territory.
Sec. 8. And be it further enacted, That all officers
and persons in the service of the United States, and all
persons employed under treaty stipulations, and all per-
sons travelling in or through said Territory, and not
residents thereof, shall be under the protection of, and
subject to the laws of the United States. And if any
such officer or person shall, within said Territory, com

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9 mit any offence against the laws of any tribe of this
confederacy, he may be tried and punished under the laws
of said tribe, subject however, to the approval of the
government, who may confirm or remit the said judg-
ment, or remove such offender from the limits of said
tribe: Provided, That when the penalty be death, the
judgment shall be forthwith communicated to the Presi-
dent by the governor, who shall suspend the execution
thereof until the pleasure of the President be known.
And whenever an Indian of one tribe, or any other per-
son residing therein, except as above provided, shall
commit a capital offence upon a member or resident of
another tribe, he or she shall be apprehended, tried, and
punished in such manner as shall be previously provided
by the general council.
Sec. 9. And be it further enacted, That in ac-
cordance with pledges heretofore given by treaty, with
some of the Indian tribes herein proposed to be erected
into a Territorial government, to promote their advance-
ment, protect their interests, and bind them more closely
to the government of the United States, it shall be com-
petent for the said confederate tribes to elect, in such
manner as the general council shall prescribe, a delegate
to Congress, who shall have the same powers, privileges,

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8 and compensation as the delegates of the respective
Territories have.
Sec. 10. And be it further enacted, That it shall be
lawful for any of the tribes entering into this confederacy,
or the general council, to adopt as the law of such tribe or
confederacy any or all of the prohibitory provisions of
the laws of the United States regulating trade and inter-
course with the Indians and Indian tribes, with such pen-
alties as shall be approved by the governor, and establish
tribunals for the trial of offenders against the same. And
it shall be the duty of the governor to use all necessary
means to carry the same into effect.
Sec. 11. And be it further enacted, That nothing in
this act shall be construed as authorizing or directing the
violation of any existing treaty between the United States
and any of the Indian tribes; nor shall any thing in this
act be construed as changing the relations now existing
between the United States and any tribe within said ter-
ritory which shall not become a member of said con-
federacy.

1 2 3 4 5 6 7 8 9 10 11	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That all that part of the Territory of the United States bounded on the east by the States of Arkansas and Missouri, as far north as the south bank of the Missouri river; on the northeast by the south bank of the said Missouri river, to the mouth of the river Platte; on the north by the south bank of the said river Platte to where its north branch crosses the forty-second degree of north latitude nearest to the twenty-eighth degree of longitude west from the city of Washington
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12 13 14 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4	and by a line upon said latitude to the Mexican pos- sessions, and bounded west and south by the said Mexican possessions, shall constitute a Territory to be called the Indian Territory. Sec. 2. And be it further enacted, That the said Territory shall be forever hereafter reserved for the use of the various Indian tribes who may have a right to the same, and the faith of the United States is hereby pledged that all that part of the said Territory which has been, or may be, granted to any of the Indian tribes, shall be, and the same is hereby, secured to them and their heirs and descendants forever, and the United States will cause a grant or patent to be made and exe- cuted for the same. And in case any two or more tribes shall unite and form a single tribe, the grants to such tribes shall enure to the benefit of such united tribe on such terms as such tribes shall agree upon: Provided, That such land shall revert to the United States, if the Indians, for whose benefit such grants have been or may be made, should become extinct or abandon them. Sec. 3. And be it further enacted, That each of the tribes residing within the said Territory may es- tablish and maintain such government for the regulation of their own internal affairs as to them may seem proper,
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5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7	not inconsistent with the constitution of the United States, or the laws thereof. Sec. 4. And be it further enacted, That until otherwise provided by the people of the said Territory, through the general council, and with the approval of Congress, a governor of the said Territory shall be ap- pointed by the President, by and with the advice and consent of the Senate, who shall be, ex officio, superin- tendent of Indian affairs of said Territory for the term of three years, and who shall take an oath of office, and shall receive, as governor and superintendent, an annual salary of three thousand five hundred dollars, which shall be in full of all charges, allowances, and emoluments of whatever nature or kind. And the said governor shall reside at such place within said Territory as may be directed by the President of the United States, and shall execute such duties as may be enjoined by law, or as may be directed by the President. Sec. 5. And be it further enacted, That a secre- tary of the said Territory shall be appointed by the President, by and with the advice and consent of the Senate, for the term of four years, who shall take an oath of office, and shall receive an annual compensation of fifteen hundred dollars, which shall be in full of all charges, allowances, and emoluments of whatever nature
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8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14	or kind. And it shall be the duty of the said secretary to reside at the place appointed by the President of the United States for the residence of the governor. He shall keep a record of all the official proceedings of the governor of the said Territory, and annually transmit copies of the same to both Houses of Congress. He shall also discharge the duties of governor of said Ter- ritory, during the vacation of the office, or in the absence therefrom of the governor, and shall fulfil such other duties as shall be enjoined by law, or as may be directed by the President of the United States. Sec. 6. And be it further enacted, That as soon as may be after his appointment, the said governor shall convene, at some proper point, a sufficient number of the chiefs, or other representatives of the various tribes who may reside within the said Territory, and shall sub- mit to them, for their assent, such of the provisions of this act as require the co-operation of the authorities of the respective tribes, in order to carry the same into effect, and such assent, if given, shall be in writing, and in duplicate, one of which duplicates shall be transmitted to the War Department, and the other shall be preserved in the office of the said governor: Provided, That ar- ticles of confederation shall not be binding upon any tribe unless assented to by the chiefs of such tribe, being
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15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 9 10 11 12	previously authorized thereto, or unless they shall be ratified by such tribe: Provided, also, That such con- federation shall not take effect until the tribes assenting thereto shall, in the aggregate, number at least one- fourth of the whole amount, and that thereafter other tribes in said Territory may join said confederacy, and become members thereof: And provided, further, That any tribe entering into this confederacy may, at any time, recede therefrom by giving six months’ notice to the governor of their desire so to do, in the same manner as their assent to this act is required to be given, and the governor shall immediately inform the Secretary of War of the same. Sec. 7. And be it further enacted, That a general council of the several tribes giving their consent, and forming the confederacy thus provided for, shall be an- nually held, at such time and place as may be fixed by the governor. The said council shall consist of not less than one, nor more than five delegates from any tribe, who shall be elected by the respective tribes, or selected from the existing chiefs in proportion to their numbers, which proportion shall be determined by the governor. The general council shall have power to make all needful regulations respecting the intercourse among the several tribes, to preserve peace, to provide for their common
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13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7	safety, and generally to enact such laws as the welfare of the confederation shall demand, and as may be necessary to give effect to the purposes of this act, not inconsistent with the constitution and laws of the United States. All the laws and regulations adopted by the said council shall be submitted to the governor for his consideration, and shall have no force unless approved by him. The governor shall also have power to convene the said council upon extraordinary occasions, and at all times to adjourn it. And the members of the council shall, until otherwise provided, receive from the United States three dollars each per day, during their attendance at the sessions thereof, and their reasonable expenses to be set- tled by the governor in going to and returning therefrom: Provided, That nothing herein contained shall interfere with the right of the general government to regulate the trade and intercourse between the United States, and the Indian tribes within said Territory. Sec. 8. And be it further enacted, That all officers and persons in the service of the United States, and all persons employed under treaty stipulations, and all per- sons travelling in or through said Territory, and not residents thereof, shall be under the protection of, and subject to the laws of the United States. And if any such officer or person shall, within said Territory, com
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8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 8 9	mit any offence against the laws of any tribe of this confederacy, he may be tried and punished under the laws of said tribe, subject however, to the approval of the government, who may confirm or remit the said judg- ment, or remove such offender from the limits of said tribe: Provided, That when the penalty be death, the judgment shall be forthwith communicated to the Presi- dent by the governor, who shall suspend the execution thereof until the pleasure of the President be known. And whenever an Indian of one tribe, or any other per- son residing therein, except as above provided, shall commit a capital offence upon a member or resident of another tribe, he or she shall be apprehended, tried, and punished in such manner as shall be previously provided by the general council. Sec. 9. And be it further enacted, That in ac- cordance with pledges heretofore given by treaty, with some of the Indian tribes herein proposed to be erected into a Territorial government, to promote their advance- ment, protect their interests, and bind them more closely to the government of the United States, it shall be com- petent for the said confederate tribes to elect, in such manner as the general council shall prescribe, a delegate to Congress, who shall have the same powers, privileges,
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10 11 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8	and compensation as the delegates of the respective Territories have. Sec. 10. And be it further enacted, That it shall be lawful for any of the tribes entering into this confederacy, or the general council, to adopt as the law of such tribe or confederacy any or all of the prohibitory provisions of the laws of the United States regulating trade and inter- course with the Indians and Indian tribes, with such pen- alties as shall be approved by the governor, and establish tribunals for the trial of offenders against the same. And it shall be the duty of the governor to use all necessary means to carry the same into effect. Sec. 11. And be it further enacted, That nothing in this act shall be construed as authorizing or directing the violation of any existing treaty between the United States and any of the Indian tribes; nor shall any thing in this act be construed as changing the relations now existing between the United States and any tribe within said ter- ritory which shall not become a member of said con- federacy.