chief, called governor, whose name is Brown-Governor Brown. The two tribes were united from 1837 to 1855, since when they have retained a separate organization.

OTHER TRIBES.

The Senecas, Shawnees, Wyandotts, Sacs and Foxes, Confederated Peorias, Ottawas, Osages, and Quapaws occupy narrow strips of land on the borders of Southwest Missouri, ranging from one to ten miles in breadth. Some are advanced in civilization, others are not much in advance of the wild tribes. Keokuk, a delegate at the nationaĺ council, is the son of the celebrated chief, Old Keokuk, of the Sacs and Foxes, who left among them at his death an injunction not to assume the ways of white men. The Quapaws, originally called Pow-pows, were made up of the remnants of different tribes.

RAILROADS.

By an act of Congress passed July 27, 1866, two roads through the Indian Territory were provided for-one from Springfield, Mo., and the other from Fort Smith, Ark., to intersect on the Canadian_river, and run through on the 35th parallel to the Pacific Ocean. Congress also made the usual grants of lands to aid in their construction, and also obligated itself to extinguish the Indian title, with the consent of the Indians. The Cherokees and other tribes, in the treaty of the same date of the act, granted the right of way to such road passing east and west, and one running north and south, as Congress might authorize to construct. The Secretary of the Interior has thereupon decided that the Atlantic and Pacific is entitled to one route, and the Missouri, Kansas, and Texas road to the other. The latter road is already graded 65 miles within the Indian Territory-to Flat Rock Creek-and the Atlantic and Pacific will reach the Indian Territory in a short time. The road is graded to within 12 miles of Seneca, and is under contract to that place. That company want to first get the right of way through the Seneca reservation, a distance of about ten miles. The Cherokees have ceded the territory west of the 96th meridian, by a treaty not yet ratified. That treaty dedicates that land, as ceded, to the settlement of other tribes, whereas the railroad company wants a clause inserted, that in such territory west of 96 the land grant shall hold. The agents of the road have been busy in trying to get the right of way through the Seneca Nation, and also the land grant confirmed west of 96 degrees. The Cherokees refuse to give lands for depot buildings for both roads, with the exception of 400 feet for such buildings and water tanks. The width of the road is 200 feet. The company ask for a section of land, on an average of every ten miles of road, for stock yards, depot buildings, &c., so that they will not be in danger of trespassing too much on Indian lands. They wish to pay for such lands, but the Indians refuse to give consent, on the ground that it will bring in an influx of white people, and that constant encroachments will follow, as has most always been the case. Both railroad companies have sent in petitions to the Cherokee legislature, asking wood and for the construction of the road, and the privilege of paying for the same.

Since reaching Gibson, we learn that the Cherokee council has adjourned, and that a bill passed permitting citizens to sell railroad ties, sawed and hewed timber for the Missouri, Kansas, and Texas Railroad, by paying to the nation five cents royalty for ties, and 15 per cent. for hewed and sawed timber for bridges and depot purposes. The bill of the Atlantic and Pacific Railroad would also take the same course.

OPPOSITION TO RAILROADS-A TRAGEDY.

The opposition to railroads is illustrated in a ridiculous manner by the following circumstance: Near one of the hotels in Fort Gibson is standing an itinerant photograph car, resembling a small-sized baggage car strayed away from a railroad train. The artist, B. F. White, takes tolorable pictures, some of which are beautiful, particularly if the sitters happen to be such. He is on his way from Kansas City to Texas. On the 4th day of September his car came to Gibson, and was seen by the native population heaving and tossing about in the ruts like a ship on the rolling waves, a long distance away on the prairie. The idea was broached that it was a railroad car, "forty hours through from Boston without change of cars." On reaching town White was met by an Indian (it is alleged) who politely asked him if he "had a permit to run the machine." White replied that he had not, but would obtain one if necessary. The man who accosted him then said, "You can open this thing and run it as long as you please; nobody shan't hurt you." After telling him this, the man drew a revolver and shot Mr. White; the ball entered the shoulder, and passing through the left lung, came out at the back bone, carrying away a portion of the bone.

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White then broke for the nearest house. The assassin then ran around the car, seeing a white man whom he supposed, as is surmised, to be a partner in the concern, fired his revolver at him. The ball missed the person aimed at, and hitting a negro who stood in the rear, killed him almost instantly. He ran four steps and fell dead. The negro was named Ellis Johnson, and formerly belonged to Wm. P. Ross, who gave

him a nice coffin and a decent burial. Johnson was a quiet, polite, and civil darkey, and a preacher. An excited crowd gathered around. The murderer rode away. Au appeal was made to Major Craig, of the United States Army, and the agent of the Cherokees, since resigned, to come down and address the crowd. The occasion of calling on him was to allay the excitement, the exasperation of some being met by the exclamation of others, that it was "only a d-n negro that was shot."

Major Craig, in an indignant manner, (this part of the story I have from an Army officer,) told the Indians present that they had been complaining to him of the constant encroachments of the whites, and continually appealing to him for redress, but in these acts they were taking the surest means of dissolving their national government, and that he would use his influence hereafter to secure it.

A prominent citizen of the Cherokee Nation, Moses Nevins, was accused of the shooting and efforts were made to arrest him. He voluntarily gave himself up to the United States marshal, was taken to Van Buren, and after having an examination before the United States commissioner, was discharged, no proof appearing that he was the guilty party. Mr. White is still much crippled from the effects of the bullet, and it is from him that I had the above version of the affair, made in the presence of Captain Cruland, the quartermaster of the post, who essentially corroborated White's statement.

SAFETY OF LIFE AND PROPERTY.

It should not be inferred from the above lawless proceeding that life and property are unsafe in the Indian Territory. The above is an exceptional case, and atrocities of that kind are of rare occurrence. In corroboration of this I am informed by Mr. Goss, an agent of the Missouri, Kansas, and Texas Railroad, whom we met at Gibson, and who has traveled extensively over the country, that human life is as safe and more so than in the adjoining States and Territories. This assertion applies particularly to the whites, who, in their journeys over the country, through a sparse population, in pursuit of their legitimate business, are seldom molested. Should the Indian Territory, through the bad faith of the United States Government, be opened to settlement by the white population, then we could expect to witness a renewal of the scenes of outlawry and the operation of lynch law the same as disgraced the early settlement of most of our Territories.

EXCEPTIONAL LAWLESSNESS.

In speaking of the immunity enjoyed by the white sojourners in the Territory, the remark may not so strictly apply to the conduct of Indians among themselves. There seems still to exist a leaven of that southern chivalry among some of the hot-blooded natives which impels them, under a false notion of revenge, to take the law in their own hands.

An instance of this kind occurred on Wednesday, at Tahlequah, in which a half-breed Cherokee deliberately shot a colored Cherokee in the streets, in broad daylight. ExGovernor Fletcher, of Missouri, stood by at the time and witnessed the murder. The half-breed was a clerk in Mr. Rees's store, and the negro was an employé of Mr. McClellan. The negro had loaned to the clerk a bridle and saddle. The saddle was returned, but not the bridle in time, and the faithful colored man fearing that his employer would scold, made a demand from the clerk for the missing article several times, using disrespectful words. A friend of the clerk remarked that he would not take such language from a negro. Goaded on by such insinuations, after the negro got into the street, he took his revolver, and walking up to the victim shot him down like a beef. No effort was made to arrest the assassin. He mounted a horse and rode out into the country, but according to custom it is expected he will return in a few days after the excitement is over, and deliver himself up, under the advice of his friends.

THE NEGROES.

This class of the population among the Cherokees are entitled to the same rights as the Indians. All freedmen who have been liberated by the voluntary act of their former owners, or by law, as well as all free colored persons who were in the country at the commencement of the rebellion, and are now residents therein, or who returned within six months after the treaty of 1866, and their descendants, are entitled to all the rights of native Cherokees. The general council, I am informed by Mr. Ross, have since passed an act admitting all within the limits of the nation to the rights of citizenship who failed to come in within the period of six months stipulated for their

return.

The Creeks and Seminoles by treaty also admit the colored folks to the right of citizenship. The Choctaws and Chickasaws sold the western portion of their country, and agreed that if their freedmen were not admitted to citizenship at a certain time, they were to receive $30,000 as a bonus with which to procure a home elsewhere.

The question is still unsettled and negroes remain corralled near Fort Arbuckle.

Among the Cherokees three or four schools are set apart for their benefit, as they sensibly prefer schools conducted by themselves. Some of these are said to be good, others indifferent. There is no mixture of the African blood with the Cherokees-the white stock being preferred by the latter; not so among the Creeks, who are largely amalgamated with the African. Some of the prominent Creek delegates in the general council are of this mixed breed. It is stated of General Arbuckle that twenty-eight years ago, on coming from the Creek nation to Tahlequah, in the Cherokee nation, he dropped the prediction that in a few years the Creeks would be all black and the Cherokees all white.

INDIAN LITERATURE AND CUSTOMS.

After diligent inquiries among the intelligent representatives of the various tribes, I failed to find any remnants of Indian literature preserved in the shape of songs or ballads perpetuating the traditional exploits of their heroes in war, love, and the chase. Some of the old men, it was said, could still recite snatches of war songs, but the young men of the present generation are deficient in this particular.

"In them the savage virtues of the race,

Revenge and all ferocious thoughts were dead."

The Creeks have their annual dance-are given to ball-playing and similar polite arts. The Cherokees frequently have gatherings, or "bees," for rail-splitting, houseraising, &c., and in the towns other reunions of higher order are in vogue. Our limited time did not permit of obtaining an insight into prevailing customs, manners, and habits of the people, and their social state. It would be interesting to ascertain what elements of old tribal customs were still clung to and grafted in the social relations in the progress of this interesting people to a higher civilization. A native Creek preacher undertook to interpret an old ballad into English, but before the first couplet was completed I found that the choice specimen was one of Dr. Watts's hymns, which had been translated into the Creek vernacular from the original English.

A PETITION

signed by about forty delegates was presented to Commissioner Parker, asking the appointment of G. W. Grayson, a delegate of the Creek Nation, as secretary of the council. He was accordingly appointed and entered upon his duties. He resigned his seat as a member of the council. A resolution was unanimously passed, thanking Major I. G. Vore for the faithful manner in which he had performed the duties of tem porary secretary, and requesting the president to make him due compensation for his

services.

ILLUSTRATIONS OF INDIAN PROGRESS.

I have just learned, from a most reliable source, a few items of interest about individuals along the Seminoles. John Chupco, who is one of the Seminole chiefs, was, no longer ago than the year 1859, a blanket Indian in Florida. He came to the Territory with about 500 of his people, and is now a member of the Presbyterian Church, sustains a high moral character, has by his industry opened a farm with a cultivated area of 140 acres, and has a large amount of stock. This simple fact does not quite sustain the theory that you cannot make anything of an Indian. John Jumper, the other Seminole chief, is a Baptist minister, of most reputable character as a citizen, very industrious in his habits, and has an excellent and well-managed farm. Mr. Brown, who resides among these Indians, being engaged on one occasion in constructing a farm gate, one of the Semincles stood by and watched his proceedings until he had finished the job. The Indian, without letting his intentions be known, went the next day to the saw-mill, purchased timber and quietly proceeded to his farm with it, and when Mr. Brown had occasion, not long afterwards, to pass the Indian's residence, he observed several farm-gates recently erected. Could white men do better than this?

On another occasion the Seminoles wanted some beef and flour to provide for the holding of a national council, and had no national funds at hand. Mr. Brown wanted rails for his farm, and offered them beef and flour for rails. In twenty-four hours they made 3,100 rails for him, and purchased the desired supplies.

CHEROKEE FAIR.

The Cherokee fair commenced on Wednesday, October 5. The day was fine, and quite a large number of those interested in the cause gathered to see the articles exhibited and hear new ideas for them to profit by. Considering the shortness of time for preparation, and this being the first fair, there was not a large show of stock, fabrics, grain, or vegetables. It was not expected; this being the nucleus from which will grow, with the fostering care and attention of farmers, one of proportion inferior to none in point of stock and domestic productions. Still there was an interest manifestedevinced by the number of competitors for premiums. There was a fair show of horses,

a few of them well deserving of praise, among them some fine saddle-horses; by the by, the Cherokees consider themselves second to none in point of excellence in that line. The show of cattle was small. A glance at them assured the observer that the people were interested in the raising of fine stock, and hold to the opinion that "blood will tell."

The reason of such a small show is, the people were timorous about bringing forward their stock and articles, thinking there would be many far superior to their own, while many did not understand the real object in view.

A look at the vegetable department was gratifying, many of them being very large and fine, showing conclusively that this soil is adapted to the raising of all cereals and vegetables.

In the ladies' department many articles of household usefulness were exhibited, the ladies seemingly taking a lively interest in showing the productions of their nimble fingers, which we think were well worthy of praise.

Neither were the fine arts neglected, a collection of paintings gracing the room. Take it all in all, the fair was a success. An interest was awakened which will extend itself until the agricultural resources of the nation are fully developed and the Cherokee people become noted as producers and tillers of the soil. The idea should be disseminated that the true way to meet the hordes who are awaiting an opportunity to invade the soil is through the plow-handles, and he who raises fifty bushels of grain over and above his necessities makes an argument in favor of his country's nationality.

APPENDIX 38.

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UNITED STATES INDIAN AGENCY, Green Bay, Wisconsin, September 6, 1870.

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SIR: There are three tribes under the care of the agency, the Oneidas, Stockbridges and Munsees, and Menomonees. The Oneidas occupy a tract of about 65,000 acres near the city of Green Bay. A portion of the tribe have five farms, and live like their white neighbors. There is, however, a considerable number of Indians living on the reservation who have no right there, and the two parties cannot harmonize. The chiefs have advanced various projects for the subdivision of their lands, but it appears impossible to unite them on any one plan.

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The sale of whisky to Indians has caused much of the trouble among these people, and efforts have been made repeatedly to have the offenders punished, but owing to the peculiar instructions given by Judge Miller, of the United States district court, it has heretofore been impossible to have the law enforced, and my immediate predecessors have apparently been discouraged.

W. R. BOURNE,

First Lieutenant United States Army, Indian Agent.

APPENDIX 39.

The Indians—Are they citizens—Effect of the fourteenth amendment to the Constitution-Report from the Senate Committee on the Judiciary-Indians still to be regarded as self-governing nations-Working of the new Indian policy.

WASHINGTON, December 14.

The Senate Committee on the Judiciary to-day, through Senator Carpenter, made a report on the resolution adopted in April last, instructing them to inquire into and report the effect of the fourteenth amendment to the Constitution upon the Indian tribes of the country, and whether, by the provision thereof, the Indians are not citizens of the United States, and whether thereby the various treaties heretofore existing between the United States and the various Indian tribes are not annulled.

THE REPORT.

The committee say, in their opinion, the fourteenth amendment has no effect whatever upon the status of Indian tribes within the limits of the United States, and does not annul the treaties previously made. The committee quote so much of the amendment as is material to the question, and argue at length to show the legislation of Congress is based upon the same view which they present of the relations which exist

between the Government and the Indian tribes, making it plain that Congress has uniformly respected the right of the Indians to govern themselves. Instances of the principle are cited, and the committee say that, from a perusal of these statutes, it is manifest that Congress has never regarded the Indian tribes as subject to the municipal jurisdiction of the United States. On the contrary, they have been treated uniformly as nations, and in that character have been held responsible for the crimes and outrages committed by their members even outside of their territorial limits. And inasmuch as the Constitution treats the Indian tribes as belonging to the rank of nations and capable of making treaties, it is evident that any act of Congress which should assume to treat the members of a tribe as subject to the municipal jurisdiction of the United States would be unconstitutional and void. In the opinion of the committee, the Constitution and the treaties' act of Congress and the judicial decisions referred to all speak the same language upon this subject, and all point to the conclusion that the Indians in their tribal condition have never been subject to the jurisdiction of the United States in the sense in which the term "jurisdiction" is employed in the fourteenth amendment to the Constitution. The Government has asserted a political supremacy over the Indians, and the treaties and laws uphold these tribes as domestic and independent nations, separated from the States of the Union, within whose limits they are located, and exempt from the operation of State laws, and not otherwise subject to the control of the United States than is consistent with their character as separate political communities or States. Their right of self-government and to administer justice among themselves, after their own fashion, even to the extent of inflicting the death penalty, has never been questioned, and while the United States have provided by law for the punishment of crimes committed by Indians straggling from their tribes, and crimes committed by Indians upon the whites lawfully within the reservation, the Government has carefully abstained from attempting to regulate their domestic affairs and from the punishment of crimes committed by one Indian against another in the Indian country. Whenever we have dealt with them it has been in their collective capacity as a tribe, and not with their individual members, except when such members were separated from the tribe to which they belonged, and then we have asserted such jurisdiction as every nation exercises where the subject of another independent sovereign nation enters its territory and violates its laws.

STATUS OF SLAVES OF INDIANS.

During the war slavery had been abolished and the former slaves had become citizens of the United States, consequently in determining the basis of representation in the fourteenth amendment the clause "three-fifths of all other persons" is wholly omitted, but the clause "excluding Indians not taxed" is retained. The inference is irresistible that the amendment was intended to recognize the change in the status of the former slaves which had been effected during the war, while it recognizes no change in the status of the Indians. The Indians were excluded because they were not citizens.

INDIANS NOT CITIZENS.

For these reasons the committee do not hesitate to say that the Indian tribes within the limit of the United States and the individual members of the several tribes, while they adhere to and form a part of the tribes to which they belong, are not, within the meaning of the fourteenth amendment, subject to the jurisdiction of the United States, and, therefore, that such Indians have not become citizens of the United States by virtue of that amendment. The committee say that if they are correct in this conclusion it follows that the treaties heretofore made between the United States and the Indian tribes are not annulled by that amendment.

TREATY RELATIONS.

In conclusion the committee say it is pertinent to remark that treaty relations can properly exist only with Indians as tribes or nations, and that when the members of a tribe are scattered they are merged in the mass of our people, and become equally subject to the jurisdiction of the United States. It is believed that some treaties have been concluded and ratified with fragmentary and straggling bands of Indians who had lost all pretensions to the tribal character, and thus it is right to admonish the treaty-making power to use greater circumspection hereafter.