Page:United States Statutes at Large Volume 14.djvu/802

 'Z72 TREATY WI'I`II THE CIIOCTAWS AND CI·IlCI{AS.*iWS. APRIL 28, 1866. or the rights, laws, privileges, or customs of the Choctaws and Chickasaw nations respectively. An·r1cL1·: VIII. The Choctaws and Chickasaw also agree that a coun- A council to cil, consisting of delegates elected by each nation or tribe lawfully resident l;gsgxH§"°d within the Indian territory, may be annually convened in said territory ` to be organized as Follows :—- ‘ 1. After the ratification of this treaty, and as soon as may be deemed Census of the practicable by the Secretary of the Interior, and prior to the first session gl:’§;t° b° of said assembly, a census of each tribe, lawfully resident in said territory, shall be taken, under the direction of the superintendent of Indian allairs, by competent persons, to be appointed by him, whose compensation shall be fixed by the Secretary of the Interior and paid by the United States. 2. The council shall consist of one member from each tribe or nation Conncnto cou- whose population shall exceed five hundred, and an additional member ‘l“°f “’l"““ for each one thousand Indians, native or adopted, or each fraction of a. thousand greater than five hundred being members of any tribe lawfully resident in said territory, and shall be selected by the tribes or nations respectively who may assent to the establishment of said general assembly; and if none should be thus formally selected by any nation or tribe, it shall be represented in said genersl.assemb1y by the chief or chiefs and headmen of said tribes, to be taken in the order of their rank as recognized in tribal usage in the number and proportions above indicated. 3. After the said census shall have been taken and completed, the Wigan;';"; gba superintendent of Indian atl"airs shall publish and declare to each tribe the is 0mm8d_ number of members of said council to which they shall be entitled under the provisions of this article; and the persons so to represent the said tribes shall meet at such time and place as he shall designate, but there- Timenndplxzcc after the time and place of the sessions of the general assembly shall be °f‘"°°‘"g‘ determined by itself : Provided, That no session in any one year shall ex- _ Length of ses- ceed the term of thirty days, and provided that the special sessions may jgggkjxgd $9%***1 be called whenever, in the judgment of the Secretary of the Interior, the ` interests of said tribes shall require it. 4. The general assembly shall have power to legislate upon all subjects P<>W¢1' of gw- and matters pertaining to the intercourse and relations of the Indian tribes °m°‘"°mb1y' and nations resident in the said territory, the arrest and extradition of criminals escaping from one tribe to another, the administration of justice between members of the several tribes of the said territory, and persons other than Indians and members of said tribes or nations, the construction of works of internal improvement, and the common defence and safety of the nations of the said territory. All laws enacted by said council shall take effect at the times therein provided, unless suspended by the Secretary of the Interior or the President of the United States. N o law shall be enacted inconsistent with the Constitution of the United States or the laws of Congress or existing treaty stipulations with the United States; nor shall said council legislate upon matters pertaining to the legislative, judicial, or other organization, laws, or customs of the several tribes or nations except as herein provided tor. President of 5. Said council shall be presided over by the superintendent of Indian °°“¤°u· atlairs, or, in case of his absence from any cause, the duties of the superintendent enumerated in this article shall be performed by such person as the Secretary of the Interior shall indicate. Swrctnry. 6. The Secretary of the Interior shall appoint a secretary of said coun- Duty and p,,y_ cil, whose duty it shall be to keep an accurate record of all the proceedings of said council, and to transmit a true copy thereofl duly certitled by the superintendent of Indian affairs, to the Secretary of the Interior immediately after the sessions of said council shall terminate. He shall be paid five hundred dollars, as an annual salary, by the United States. 7. The members of the said council shall be paid by the United States