OKLAHOMA HISTORY AND GOVERNMENT <#r^^ THOBUKN and BARHETT Class Book Copyright N^. -4 COPYRIGHT DEPosrr A HISTOL'Y OF OKLAHOMA A HISTORY OF OKLAHOMA BY JOSEPH B) THOBURN Instructor in Local and Western History in the University of Oklahoma AND ISAAC MrnOLCOMB Former Superintendent of the Oklahoma City Schools. OKLAHOMA CITY WARDEN COMPANY 1914 All rights reserved. Copyright, 1908 By DOUB & COMPANY Copyright, 1913 by THE 'VARDEN FEINTING COMPANY Copyright, 1914 by THE WARDEN PRINTING COMPANY 'CU387166 OCT 12 1914 III {/^. I ^ /) K DEDICATION TO THE YOUTH OF OKLAHOMA, WHOSE BETTERMENT IS THE INSPIRATION OF THIS STORY, AND UPON WHOM MUST SOON DEVOLVE THF: DUTIES AND RESPONSIBILITIES OF ITS CITL ZENSHIP, THIS VOLUME IS DEDICATED. PREFATORY FIRST EDITION The purpose of this volume is to place before the stu- dent an accurate story of Oklahoma's development, told in simple language. "History is a record of the past." The history of Oklahoma is a record that should bring a feeling of pride to the bosom of every citizen. It is a story we should know. We love best when we know what we love and why. It is our hope that when the story of Oklahoma is told to her citizens, the blood may mount to the cheek, the heart throb more quickly, the eye flash with patriotic fire and love. There is no surer way to bring this about than to teach the youth the magnificent history of our new state. If this little book accomplishes no more, its mission will have been fulfilled and the authors satisfied. Oklahoma City, 1908. SECOND EDITION In submitting a revised edition of the History of Okla- homa, the general plan of the work has been retained, while many changes have been made in detail. Subsequent re- search has made possible many improvements in the way of accuracy and completeness. Although some new matter has been included, the total amount of text has been materi- ally condensed. The helpful criticisms of many teachers and other inter- ested persons have resulted in numerous minor changes and additions which will aid both teacher and pupil in getting the most out of the subject. The pronunciation of difficult proper names as indicated diacritically in the text. ACKNOWLEDGMENT The authors desire to thank many friends, not only in Oklahoma but also in other states, for most helpful assist- ance and co-operation. Without such help some of the data and material for the book would have been difficult, if not impossible, to secure. Especially helpful has been the ready co-operation offered by the officials in charge of the Kan- sas State Historical Society, of Topeka, the Missouri His- torical Society, of St. Louis, the Oklahoma Historical So- ciety, of Oklahoma City, and the Bureau of American Eth- nology, of Washington, D. C. The publications of the Texas Historical Society have been of material assistance as have the writings of the late W. J. Weaver, of Ft. Smith. Dr. Emmet Starr, of the Northeastern State Normal School, has not only placed his splendid collections at the disposal of the writers, but has also kindly read the proofs. It would be a pleasure to mention by name all who have contributed to the interest and completeness of the work were it not that the enumeration of so many names would scarcely convey the distinction which is deserved. Their kindness is appreciated, and it is hoped that their helpfulness has been justified by the work of the authors. TO TEACHERS On account of the demand for condensation, but little supplemental matter has been included in this edition. An unabridged teachers' edition, with copious supplemental notes and numer.ous illustrations will not only enable the teacher to gain a much more comprehensive grasp of the subject but will also make possible considerable variation in class-room work. The suggestive questions presented at the end of the text for each period are not all that should be asked. Oth- ers equally as pertinent will suggest themselves to the mind of the teacher. In many communities teachers will find it possible to quicken the interest of their pupils in the study of history by inducing them to undertake to do some first-hand research work in the way of gathering data concerning the local his- tory of the town or neighborhood, its earliest settlers, devel- opment of its institutions, and other matters of like interest. CONTENTS Page Aboriginal Oklahoma 3 Spanish and French Explorations 13 American Occupation i... 21 Indian Migration from the East 20 An Era of Peaceful Development 39 The Civil War in Oklahoma 49 Peace Restored — Plains Tribes at War G7 Struggle for Settlement 79 Development of the Two Territories 91 Oklahoma Under State Government 111 Appendix 115 LAND OF MY DREAMING Land of the mistletoe, smiling in splendor, Out from the borderland, mystic and old, Sweet are the memories, precious and tender. Linked with thy summers of azure and gold. O, Oklahoma, dear land of my dreaming, Land of the lover, the loved and the lost; Cherish thy legends with tragedy teeming, Legends where love reckoned not of the cost. Land of Sequoyah, my heart's in thy keeping, 0, Tulladega, how can I forget! Calm are thy vales where the silences sleeping. Wake into melodies tinged with regret. Let the deep chorus of life's music throbbing, Swell to full harmony born of the years; Or for the loved and lost, tenderly sobbing; Drop to that cadence that whispers of tears. Land of the mistletoe, here's to thy glory 1 Here's to thy daughters as fair as the dawn! Here's to thy pioneer sons, in whose story Valor and love shall live endlessly on! —GEORGE RTLEY HALL History of Oklahoma INTKODUCTORY. Unlike many of the older states of the American Union, the history of Oklahoma does not begin with the planting of a single colony. No invading conqueror ever SAvept across its borders, yet Oklahoma is a land of many peoples. Al- though the greater part of its history has been made within the last fifty years, it has much history in common with that of other states. Within its limits live the remnants or de- scendants of not less than fifty different tribes and nations of Indians, the former homes of whose people were scattered over not less than thirty different states. Likewise, prac- tically every state in the Union is represented by the white people who settled in Oklahoma. The people of Oklahoma trace descent from the Puri- tans of New England, from the Cavaliers of Virginia, from the Dutch Patroons of the Hudson Valley, from the French Huguenots of the Carolinas, from the Scotch-Irish of the Appalachian Highlands and from numerous tribes of Amer- ican Indians. The history of Oklahoma is remarkable in many ways. In the short space of a third of a century the savage hunts- man gave place to the herdsman. He in turn retired be- fore the husbandman, and a mighty state has been founded and builded in Avhat had been a wilderness. The Indian has played a pathetic part in the earlier history of nearly every state of the American Union, but in Oklahoma alone has his race played an important part Z History of Oklahoma in the building of a state. In Oklahoma, the Indian appears not only in the earlier history of the state, but remains to bear his part in its present and future history. The history of Oklahoma is unlike that of any other state. The real building of the state covered a period of less than twenty years, yet those years were full of achieve- ment. As her past has been filled with achievement and as her present is laden with opportunity, so must the future of Oklahoma be a challenge to all to rise to the possibilities that aw^ait honest effort. Those who carefully study the story of Oklahoma will gain, not only a knowledge of its origin and history and of the development of its institu- tions, but a measure of that intelligence and true devotion which are at once the inspiration and power of an ideal citizenship. Aboriginal Oklahoma First Known Inhabitants. — The first known inhabitants of Oklahoma were American Indians. Several different tribes claimed dominion over parts of the state when the white man first came to explore it. Of these, the Osages were found in the northern and northeastern parts of the State. The Caddoes ranged over the southeastern part of the state, in the valley of the Red River. The Wichitas lived west of the Caddoes, in the region of the Wichita Mountains. The Utes occupied the upper Cimarron country, in the northwestern part of the state. Several other tribes ranged over the present borders of Oklahoma at times, and still others that were given to roving from place to place became residents in Oklahoma a part of the time long before the white man came to make settlement within its bounds. Food. — The Indians of the Caddo and Wichita tribes generally lived in settled villages and cultivated the soil. The crops grown by them included corn, beans, pumpkins, melons, and tobacco. The Osages also cultivated small l>atches of corn and vegetables, but were more given to rov- ing than the others. All of these tribes depended upon the chase for part of their food. Their country abounded in game of all kinds, including the buffalo, elk. deer, antelope, opossum, raccoon, rabbit, hare, wild turkey, grouse and other animals and birds. To the Indians of all these tribes as well as to those of the roving tribes of the Plains who afterward came to live in Oklahoma, the buffalo was a most important animal. Its flesh was used for food ; from the skins, clothes, 4 . History of Oklahoma moccasins, robes, ropes and tent or lodge covers were made ; aAvls and needles were made of bone; the stomach and en- trails w^ere used as vessels for carrying water, especially on the march, in the dry, treeless region. The Indians were skilled hunters, a stone-pointed arrow sometimes being shot from a bow entirely through the body of the buffalo. When a buffalo was killed the hide was cut open at the breast and pulled off at the joints, the Indians using a small flint knife, about as big as the finger, apparently with as much ease as if working with a modern steel-bladed knife. The LONE WOLF'S VILLAGE (KIOWA). BUFFALO SKIX LODGES, (From Photograph Made in 1872) flesh of the buffalo was cooked over the fire. The liver and the lining of the stomach were frequently eaten raw at the time the animal was killed. The meat of the buffalo, elk, deer, and antelope Avas preserved for future use by cutting or jerking into thin strips and drying in the sun. Shelter. — The Comanches, Kiowas and other Indians of the Plains lived in lodges or tepees, which were made by using a framework of poles drawn together at the top like a tripod and covered with buffalo skins. The Caddoes and Wichitas used similar lodges when on their hunting or visiting excursions, but in their settled villages they 1—0. H. Aboriginal Oklahoma 5 had large dome-shaped huts, the framework of Avhich con- sisted of posts and poles, covered and bound firmly to- gether with withes and brush and the whole neatly thatched with coarse grass. These grass houses, as they are called, are still in use by the Wichitas and Caddoes, who live in Caddo County, Oklahoma. In addition to the ordinary tepee, the Osages and kindred tribes built lodges by set- ting poles in the ground and bending and binding them together in such a way as to form a frame with a rounded top, which was then covered wdth skins or bark. In moving GRASS-THATCHED HOUSE OF THE WICHITA INDIANS a village or encampment of buffalo skin lodges from one place to another, the skins were first taken from the pole framework and rolled and tied in bundles. The ends of two lodge poles Avere then fastened to the collar of a dog (one on either side) with the ends trailing on the ground. A small package of robes, skins, dried meat or other belongings would then be fastened to the two poles behind the dog. Thus, in reality, that poor brute became a beast of burden and a most useful one, too. These dogs were the only do- 6 History o^ Oklahoma mestic animals which the Indians owned until the coining of the white settlers made it possible for them to obtain horses. Their dogs Avere half-wild and, like the Eskimo dog, bore a strong resemblance to the wolf. Products. — In the preparation of the soil, planting seed and attending to the crops, rude hoes and spades were used. These were made of the shoulder blades of buffalo or other large animals and mounted on wooden handles. Men as well as Avomen w^orked in the fields and gardens, among the Caddoes and Wichitas. Among the Osages, who paid much less attention to agriculture, the work of planting and tend- ing corn and vegetables was left to the women. The Caddoes are said to have been the only native tribe that made pot- tery and baskets. Weapons of War and the Chase. — In the chase the In- dian hunters used the boAv and arroAV or the lance. In war they used these weapons and war clubs and stone hatchets as well, with shields or bucklers (made of the thickest part of the skin of an old buffalo), which w^ere used for protec- tion. The various tribes were often at Avar AAdth each other. Indeed, if one is to judge from the fact that practically all of the men of each tribe were knoAvn as Avarriors, it Avould seem that war must have been their chief business of life. The Coming of the Horse and its Effects. — BetAveen the time the Spaniards began to explore the region of AAdiich Oklahoma is a part, and the first appearance of French in the valleys of the Arkansas and Red rivers, the Indians of this region had secured horses, probably from the Spanish settlements in the valley of the Rio Grande. This resulted in a great change in the habits and disposition of the Indians. It greatly widened their field of operations and made pos- sible marauding forays into regions and at distances hith- erto out of reach. The buffalo herds Avere easier to find. The animals were killed Avith less exertion and the moving of Aboriginal Oklahuma surplus meat and skins and of larger lodges or tepees be- came a matter of much less moment. Tii time the Indians grew accustomed to estimating their wealth by the number of ponies owned. As the Indians of a given tribe thus roamed over a greater range of ter- ritory their opportuni- ties and temptations to become embroiled in wars increased. In- deed, horse stealing as well as scalp huntin,^ became one of their* ruling passions. The constant warring o f these tribes probably is accountable for the sparseness of the popu- lation of such a great area, though disease, especially smallpox, may have had much to do with preventing its increase. Physical Development and Disposition. — The warriors of some of the tribes of the Great Plains exhibited a less perfect muscular development than those of the tribes of the mountains and timbered regions. Their limbs were small and not well shaped, apparently having more sinew than muscle. This probably was caused by their almost constant use of the saddle. They wore their hair long, the scalp lock (i. e., a small portion of the hair growing on the crown of the head) being neatly plaited. The women were usually of short stature, but much nearer perfection in their muscu- lar development. The popular conception is that Indian women were almost uniformly treated as a lower order of beings, fit only to be the drudges and servants of the Avar- CHEYENXE GIRLS— 1872 History oi^ Oklahoma BUFFALO SKIN LODGE OR TEPEE (CHEYENNE) (From Photo Made in 1872) Aboriginal Oklahoma 9 riors ; that they performed all of the labor such as cooking, sewing, dressing and tanning the skins of animals, carrying wood and water, taking down, packing and setting up the tepees when the village was moved, herding the ponies and KIOWA WARRIORS, 1872 even saddling them at the behest of the head of the family, and that the men seldom exerted themselves except to hunt or to make war on their enemies. As a matter of fact, the Indian woman ruled her own household, had much leisure for amusement and was thoroughly contented with her lot. 10 History of Oklahoma As a rule, the warriors were insolent, vain and boastful, often lacking in both moral and physical courage, crafty, cruel and blood-thirsty, though instances of bravery and generosity were frequent. The w^omen were very indus- trious, devoted and ingenuous. Generally they were of a timid disposition. Beauty was not common among them but winsome faces Avere by no means infrequent. Their hands and feet w^ere well formed and the latter appeared most shapely indeed when encased in neat-fitting moccasins. WICHITA INDIAN VILLAGE AT RUSH SPRINGS IN 185' (After Marcy) Dress. — The summer attire of the warriors of the Plains tribes included only a breech-clout, moccasins and leggins. In winter they wore a buffalo robe (with the fur inside), which was wrapped around the body and covered the head. The summer costume of the w^omen included a buck-skin skirt, moccasins and leggins, to which a buffalo robe was added in winter. Infants were carried inside the robe on the mother's back. Adornment. — The Indians were fond of adornment. Their ornaments, though crudely fashioned, were generally picturesque and sometimes artistic. In their aboriginal state they used feathers, porcupine quills and shells; the teeth and Aboriginal Oklahoma 11 claws of animals were also largely employed. After the be- ginning of their intercourse with the white traders they used ornaments of glass, copper, bronze and silver. They were fond of bright colors and understood the art of extracting pigments from minerals and herbs. On state occasions, such as councils, dances, funerals, and when making war, they painted their faces and bodies with fantastic designs. The Wichitas also practiced the art of tattooing their faces. BARK COVERED LODGES Language. — Each tribe had its own dialect, though different tribes of the same linguistic stock had many words in common. Some of the Indian languages w^ere rich in words, but many of the Indians were accustomed to express much thought in few words. Each language had its own peculiarities of grammatical construction. The Indians were much given to the arts of oratory and story telling. Mem- bers of separate tribes having not a single word in common could readily carry on a conversation by means of the grace- ful and expressive sign language which was in vogue throughout the Great Plains region from the Rio Grande to and even beyond, the Canadian l)oundary. 12 History oi? Oklahoma Tribes and Bands. — The subdivision of tribes into bands was largely a matter of personal choice with the individuals. There were only occasional marriages between members of different tribes. Prisoners who were not tortured or killed were adopted and absorbed into the tribe. The nominal ruler of a band was the chief, though the real poAver was vested in the council of elders and headmen, which sat as the sole arbiter in most matters of policy. The authority of the chiefs was usually that of persuasive influence rather than absolute power. The position of chief was generally, though not always, elective. Some of the tribes had both civil chiefs and war chiefs. Crimes and Punishments. — Most crimes had penalties that could be met or satisfied by the payment of a price, which, within the historic period, was usually payable in ponies. Murder was usually punished by death, a relative or friend of the victim acting as executioner. Traditions. — Tribal history in the form of myths and traditions was carefully preserved and recited from time to time. Many of the tribes had crude systems of picture writ- ing by means of Avhich great events in tribal historj^ were recorded upon tanned buffalo or deer skins. Religion.— The Indians of all the tribes of the South- west believed in the Good Spirit or ''Master of Life" and in an Evil Spirit. They believed also in a future state of life and professed to be able to see God in many forms of nature. They called the sun their "father" whence came all light, and the earth their "mother" from whom came all the provisions to supply the wants and necessities of their bodies. Their "medicine men," so-called, were in reality priests and sorcerers, and what they termed "medi- cine" meant mystery, sorcery, or supernatural manifesta- tions, as well as prepared herbs. Naturally superstitious, they were easily led and influenced by the audacious claims and mysterious incantations of the "medicine man." FIRST PERIOD (1541-1803) SPANISH AND FRENCH EXPLORATIONS. The Spaniards in America. — After the discovery of America by Columbus, in 1492, nearly fifty years passed before any explorers pushed their way inland from the coast of the United States. In the meantime, the people of Spain had been exploring the AVest India Islands, Mexico, Central and South America, where they made settlements. The first of these settlements, or colonies, were planted in the West India Islands — in Cuba, Porto Rico and Santo Do- mingo. Many of the Spaniards of that day were eager for the adventures with which they were sure to meet in ex- ploring a strange, new country. All of them longed for wealth which they believed to abound in the unknown re- gions of the great continent to the west of them. Early Spanish Explorers. — Ponce de Leon (pon'-sa-da- la'-on) headed an expedition to Florida, in 1513, where he hoped to "find a mythical fountain whose waters were said to possess the magic power of restoring youth to the aged. In 1519, Fernando Cortez (fer-nan-do kor'-tas) landed on the eastern coast of Mexico at the head of a small army of Spaniards with which he conquered that country and se- cured a great deal of gold. Narvaez (nar-va-ath) with a force of 400 men visited the Gulf coast of the United States. This venture ended in disaster, only four members of the exploring party surviving to reach the Spanish settlements 14 History of Oklahoma in Mexico. The tales told by these survivors led to the undertaking of new exploring expeditions northward from Mexico. The most important of these was that which, under the command of Francisco de Coronado (fran-ces-co da ko- ro-na-tho) passed across Oklahoma in 1541. Coronado 's Expedition. — With a force of 300 Spanish officers and soldiers, accompanied by 1,000 Indians, Coron- ado marched northward into New Mexico in 1540. Instead of the rich cities which had been vainly pictured b}^ the J I ' V -<, ' J^*S- p/ ftj ^L^^^^^SC^iik mmii^^i w .^ .^^ ^^^^l^^fiT^-^A 3^nSIi"^ Hj^^ll ^^ra^f 'W rf^^fT Ijftfli ^^^qRjHMMB^^ fflOu RS^^^PS fP^-3^W^W^ ^../:i '^^^^K^'^*' '-' '^ffl K "^ W-wil -^% .u«^Hpmi^vi ^^/^%d. -J»v> . .'"' '. j« -;^^- ^ CUllUNADU'S MAiiUil golden dreams of the Spaniards, Coronado found only hum- ble, mud-walled Pueblo Indian villages, in which there was no gold. After spending the winter in the valley of the Rio Grande, Coronado marched with his little army in search of the mythical land of Quivira, where gold was said to a])ound. His course led eastward across the Texas Pan- liaiidh' into what is now Oklahoma: thence northward and Spanish and Frdncii Kxplorations 15 ROUTE TRAVERSED BY CORONADO IQ History of Oklahoma northeastward into Kansas, whence he returned by a more direct route to the Kio Grande. Thus it was that, in 1541, the region now known as Oklahoma w^as first visited by white men. Other Spanish Explorers. — After Coronado's time there were other Spanish expeditions which extended their ex- plorations into or across the country which is now called Oklahoma. Most of these Avere merely in search of gold or adventure and no attempt was made to plant any settlements or colonies. The French in America. — The first French settlements in America were made in the valley of the St. Lawrence River, in Canada, about the same time the English were planting their first colonies on the Atlantic coast. From their settlements on the St. Lawrence the French extended their explorations further inland, first to the region of the Great Lakes and then to the valleys of the Mississippi and its principal tributaries. New Orleans was settled in 1717 and the country now known as Oklahoma was claimed as a part of Louisiana from that time on. French Explorers in Oklahoma. — The first French ex- plorers entered Oklahoma on the valleys of the Arkansas and Red rivers. Bernard de La Ilarpe (bar'-nar da la-iirp) ascended the Red River from Louisiana, in 1719, in command of an exploring party which visited Southern Oklahoma. Two years later, in 1721, La Harpe led another party of French from Louisiana with which he explored the Arkansas River as far up as the mouth of the Canadian River, making the journey in canoes. The French Trappers and Traders. — Within a short time after the exploration of the rivers of Eastern Oklahoma, trappers and traders in search of furs began to visit that region. They generally kept close to the navigable streams, as they always traveled and carried their belongings in canoes. They were engaged in trapping beaver, otter, mink and other fur-bearing animals and also in trading trinkets to the Indians for furs and peltries. Spanish and Frkncii Explorations 17 The French Indian Policy. — It was the constant aim of those in authority in the French colonies in America to treat the Indians kindly and hold their confidence and good will. The English and Spanish colonists, on the other hand, very generally treated the Indians as inferiors, often show- AMERICAN BUFFALO OR BISON ing neither the spirit of generosity nor that of justice, but rather one of harshness. The French policy of friendliness proved to be a wise one. It paid in a business way, for the French traders were more prosperous than those of the Eng- lish or Spanish colonies. It rendered wars between the French and the Indians much less frequent than those be- tween the Indians and the colonists of England and Spain, and caused the Indians to remain firm in their friendship to the French in time of war with the colonies of those na- tions. 18 History of Oklahoma French and Spanish Rivalry. — From the time of the first appearance of French explorers in the valley of the loAver Mississippi, the Spaniards of Mex- ico manifested a spirit of intense jealousy. The activities of the French in exploring the region west of the Mississippi and in cul- tivating the friendship of the In- dians aroused a warlike spirit in the Spanish colonies. Although the French settlements along the Mississippi were nearly a thou- sand miles from their own settle- ments in the valley of the Rio Grande, the Spanish governors and people were not willing to share with the French the ownership of the great wilderness lying between them, so several clashes occurred between their forces. THOMAS JEFFERSON Louisiana Changes Owners. — At the close of the Frencli and Indian War, in 1763, when France gave up Canada to Great Britain, the province of Louisiana ceased to be a French possession, having been formally ceded to Spain by the King of France to keep the British from taking it. During the next thirty- seven years Louisiana belonged to Spain, though its people, language and customs continued to be French. On October 1, 1801, Na- poleon Bonaparte compelled the King of Spain to give Louisiana back to France, though he had to keep the transaction secret lest Great Britain, which was then at war with France, might at once seek to take it by force of arms. Finally, concluding that the ownership of such a NAPOLEON BONAPARTE Spanish and Fri^ncii Explorations .11) distant colony would be difficult to defend, Napoleon entered into a deal for the sale of Louisiana to the United States of America, the contract for such sale being formally signed May 2, 1803. Thus all the present state of Oklahoma ex- cept that part embraced in the present counties of Beaver, Texas and Cimarron (which was then a part of the Spanish- Mexican domain) became American territory. Indian Wars. — The only Indian wars that touched the Oklahoma country during this period of wliich there is any record were those which occurred between the Span- iards of the Rio Grande Valley and the Comanches who roamed over the Plains of Western Oklahoma. These In- dians made war on the Spanish settlements very frequently, their principal object being plunder. After the Indians se- cured horses from the Spaniards and learned to use them, they could go much farther and faster on their warlike raids than they could do when they had to journey on foot. For this reason the Spanish settlements in New Mexico lived in constant dread of the raiding Comanches. The First Trading Post. — About the year 1796, a trading post was established by the Chouteaus (shii-to) of St. Louis, on the east bank of the Grand (or Neosho) River. This trad- ing post, which was situated near the present town of Sa- lina, in ]\Iayes County, was the first white settlement in Oklahoma. Summary. — The first period in the history of Oklahoma covers over 260 years. The Frenchman and the Spaniard saw all sides of Oklahoma, but they left little to show for it except the meager records of their explorations. Our in- terest in them and in their explorations lies in the fact that they visited and beheld the country which we now call our own. We are often reminded of them by names Avhich still appear on the map of Oklahoma bestowed by them upon certain streams and mountains. Their records served only to guide the men of another race and speech who were to come later. To us, the one great event of the period is the pur- chase of Louisiana, wherebj^ the vast region in which Okla- homa is included became a part of the American republic. 20 History oi^ Oklahoma SUGGESTIVE QUESTIONS First Period. 1. To what nationality did the first white men who explored Oklahoma belong! From what direction did they come? How did they travel? 2. When did Coronado start to search for Quivira? What in- duced him and his men to undertake such a journey? What part of Oklahoma did Coronado 's expedition traverse? 3. Who was the first French explorer to visit Oklahoma? AVhat rivers did he explore? How did his party travel? 4. In what business or occupation did the first French settlers of the Mississippi Valley engage? How did the French settlers treat the Indians? Why was that the wise course to pursue? 5. How far were French colonies in the Mississippi valley from those of Spain in New Mexico? Why were the Spaniards jealous of the French? 6. How did the acquisition of horses affect the Indians? 7. Of what French colony or province was Oklahoma claimed to be a part? What happened to the province of Louisiana in 1763? When did Louisiana again become a French possession? Who was at the head of the French government at that time? 8. When was the first trading post established in Oklahoma? By whom was it established? Where was it located? 9. What did the French consul do with the province of Louisiana? Who was president of the United States when this deal was consummated? SECOND PERIOD (1803-1825) AMERICAN OCCUPATION. Oklahoma in the United States. — The Louisiana country was formally delivered to the representatives of the United States Government in 1803 and 1804 — New Orleans, Decem- ber 20, 1803, and St. Louis, March 10, 1804— but it was more than two years before any of the country which is now known as Oklahoma was visited by officials of the Govern- ment. Within the twenty years following, however, Okla- homa was visited by several exploring expeditions and within its limits there were planted two military posts, or forts, which were garrisoned by United States soldiers. There were also several fur trading posts and at least one missionary station established during that period. The Sparks Red River Expedition.— In May, 1806, a small force, consisting of twenty soldiers and four civilians, under the command of Capt. Richard Sparks, attempted to ascend the Red River, from Louisiana, in boats. It was the purpose of the expedition to visit the country of the Pawnee Pique (Wichita) Indians. Unfortunately, just about the time that Captain Sparks and his little band of explorers reached the southeastern part of the present state of Okla- homa, they were met by a large force of Spanish troops under the command of Capt. Francisco Viana (fran-ces'-co 22 History of Oklahoma ve-a'-na) which opposed further progress, so the expedition had to be abandoned. The Sparks Expedition was only a part of a general scheme for the exploration of the newly acquired Louisiana country. Almost simultaneous with it were the expeditions of Lieut. Zebulon Mont- gomery Pike in the valleys of the Kansas and Arkansas rivers, and of Captains Meriwether Lewis and William Clark, whose little band of intrepid explorers ascended the Missouri to its source, crossed the continental divide and descended the Columbia to its mouth, and then returned in safety, though enduring great hardships. Wilkinson's Descent of the Arkansas. — Late in the sum- mer of 1806 an expedition under the command of Lieut. Zebulon M. Pike, left St. Louis to explore the regions of the Great Plains and the Rocky Mountains. After visiting the Osage and Kansas Indians in Missouri and Eastern Kan- sas and the Pawnee Indians on the Republican River a short distance south of the Kansas-Nebraska boundary, the expe- dition marched in a southwestward course until it reached the great bend of the Arkansas River, in Central Kansas. At that point, Lieut. James B. Wilkinson was detached from the main command Avith five enlisted men for the purpose of descending the Arkansas. This little party made the trip down the river in the late fall and early winter,^ arriving safely at the settlements along the lower course of the Ar- kansas. WILKINSON ON THE ARKANSAS/ Lieut. James B. Wilkinson was a son of Gen. James Wilkinson, who was in command of the Western Department of the • United States Army at that time. General AVilkinson was more or less implicated in the plans and schemes of Aaron Burr, so the trip of his son down the valley of the Arkansas through Southern Kansas and Northeastern Oklahoma, at that particular time and under General Wilkinson's direction, was perhaps doubly significant. The Wilkinson party constructed two small canoes, one by hol- lowing out a Cottonwood log and the other by stretching buffalo and elk skins over a frame-work of poles, and in these they launched forth October 28, 1806. The weather w^as very cold at the time. The boats had to be abandoned on account of shallow water and sand bars at the end of one day's effort. The party then traveled on foot down the river bank for several days. Near where the city of Wichita, Kansas, now stands, two more canoes were built by hollowing out cottonwood logs. In these the party continued the journey down the river to its mouth. Lieutenant Pike planned to explore the source of the Bed Kiver on his way back to the states, but he was arrested in the mountains American Occupation 23 of Northern New Mexico by the Spanish authorities and was re- turned to the United States by way of Texas and Louisiana. Other Explorations. — George C. Sibley, U. S. Indian agent at Fort Osage, on the Missouri, visited the salt plains of the Cimarron and the Salt Fork (Nescatunga) and explored the surrounding region in 1811. In 1819, Maj. William Bradford, with a company of soldiers, ex- plored the valleys of the Poteau and Kiamitia rivers in Southeast- ern Oklahoma. In 1820, the ex- ploring party under Maj. Stephen H. Long, returning from the Rocky Mountains, passed east- ward across Oklahoma, the line of march being bet-ween two branches of the Canadian River. george c. sibley Boundary Dispute Settled. — February 22, 1819, a treaty was made between Spain and the United States whereby the dispute as to the boundary between the Spanish possessions in Mexico (including Texas at that time) and the Louisiana country (which had been pur- chased from France by the United States) was finally settled. The channel of the Red River west- ward from the 94th meridian to the 100th meridian, thence follow- ing the latter meridian northward to the Arkansas River, formed a part of the boundary. The bound- ary thus fixed still marks the divi- sion between the states of Oklahoma and Texas except the line which bounds Beaver, Cimarron and Texas counties on the south. MAJ. S. H. LONG 24 History of Oklahoma Tecumseh in Oklahoma. — In the early part of 1811, Te- cumseh, the great war chief of the Shawnees, visited the Osage Indians in Northeastern Oklahoma and tried to secure their help in combining all of the Indian tribes to resist the further advance of the white settlers. The Osages were greatly impressed by the eloquent words of Tecumseh, but they declined to join his movement to fight the white man. The First Military Posts.— In 1817, the Government established a military post at Belle Point, a picturesque spot immediately below the mouth of the Poteau River and OFFICERS' QUARTERS, FORT GIBSON therefore adjoining the eastern boundary of the present state of Oklahoma. This post was named Fort Smith. Seven years later, in April, 1824, Col. Matthew Arbuckle, of the 7th U. S. Infantry, selected the site of another military post on the eastern bank of the Grand (or Neosho) River and a short distance above its mouth. This post was named Cantonment Gibson. A month later, the site for still another military post was selected by Colonel Arbuckle in the valley of the Kiamitia a few miles above its mouth. This post was called Cantonment Towson. American Occupation 25 Cantonment Gibson later became known as Fort Gibson. It was named for Col. George Gibson, at that time and for many years afterward at the head of the subsistence department of the U. S. Army. It was a garrisoned post almost continuously for nearly seventy years. The original post consisted of hewed log buildings surrounded by a palisade of logs set on end in the ground and loop- holed for defensive fire, with log block-houses at the corners. This post was situated in the valley, close to the river bank. Subse- quently the building of a new post was undertaken and the few remaining buildings are those of frame and stone which stand on Garrison Hill, overlooking the site of the first post. It was long the station of the regimental headquarters, was situated near the agencies of the Cherokee, Creek, Choctaw and Osage tribes of Indians and was a center of social as well as official life in the Indian Ter- ritory. Visitors to the Indian country never failed to call at Fort Gibson. Many noted men of the last century were guests within its hospitable quarters. Among these might be mentioned Washington Irving, George Catlin (the painter of Indian portraits and scenes), John Howard Payne (the author of ^'Home, Sweet Home"), and J. M. Stanley (artist). Among the noted military men who were stationed there as officers at various times might be mentioned Jef- ferson Davis, David Hunter, Philip St. George Cooke, Stephen Kearney, Edwin V. Summer, Braxton Bragg, D. H. Eucker and others whose names were destined to be known to fame. The Cherokee Indians long objected to the maintenance of a military post in their widst and, finally, in 1857, it was abandoned and the garrison was withdrawn. It was re-occupied during the Civil War, first by the Confederate forces and afterward by those of the Federal Army, eventually becoming the center of Union operations for the surrounding region. Fort Gibson was finally abandoned as a military station in 1891. The town of Fort Gibson, which is the oldest con- tinuous settlement in Oklahoma, occupies the site upon which the post was built. Indian Wars. — Although other parts of the United States had Indian wars, especially between 1811 and 1815, the only Indian war in Oklahoma during this period, of which there is any record, was the one between the Osage Indians and the Cherokees of Arkansas. First Indian Mission and School Established. — In 1820 a mission and school was established for the Osage Indians in the valley of the Grand (or Neosho) River, near the town of Chouteau, in Mayes County. It was under the patronage and control of the United Missionary Society and was called the Union Mission. This was the first missionary station and the first school in Oklahoma. This mission was operated until 1836. Arkansas Territory Organized. — The territory of Ar- kansas was created by act of Congress, March 2, 1819. Its 26 History of Oklahoma limits included not only all of the present state of Arkansas, but also nearly all of Oklahoma as far west as the 100th meridian. Arkansas Jurisdiction. — That part of Oklahoma north of 36° 30' was not included in the territory of Arkansas. At different times between 1819 and 1829, the territorial legislative assembly of Arkan- sas defined the boundaries of counties in the wilderness which was afterward included in the limits of the Cherokee, Creek and Choctaw nations. The Migration of the Indian Tribes. — There were several causes which brought about the removal of the Indian tribes from their old homes, east of the Mississippi River, to the western wilderness which afterAvard became known as the Indian Territory. In the first place, many of the Indians had become so dissatisfied with the white settlers, who were crowding about them on all sides, that they were not only willing but anxious to move to a place where they would be free from such surroundings. Then, too, the Government wished to have the Indians located where their affairs could be managed with the least possible interference from trouble- some white people. Finally, the missionaries, who were laboring to convert the Indians to Christianity and to help them to adopt the ways of civilization, urged that the In- dians be taken so far into the wilderness that they would be beyond the reach and unwholesome influence of dishonest white traders and whiskey sellers who were the cause of so much of the trouble and unhappiness of the Indians. For these reasons, the Government undertook to secure treaties with the Indians whereby they would agree to remove west of the Mississippi. There were a number of treaties entered into between the Government and the Cherokee, Choctaw, Chickasaw, Creek and Seminole tribes between 1825 and 1835 for this purpose. The Fur Trade. — The fur trade continued much as it had been during the latter part of the previous period. How- ever, American traders began to come in and compete with the Creole French traders who had so long controlled the trade of this entire region. American Occupation 27 The First Indian Reservation in Oklahoma. — By the terms of the first treaty for the removal of the Choctaw In- dians, October 20, 1820, they were to give up all their tribal lands in Mississippi and in return were to receive a grant of all the lands lying between the Canadian and Red rivers in the western part of the (then) territory of Arkansas. This was the first tract set aside as an Indian reservation within the limits of the present state of Oklahoma. Summary. — This period in the history of Oklahoma was largely devoted to exploration by Americans. This, together with the establishment of several military posts and new trading stations and one mission helped to pave the way for the settlement of the tribes from east of the Mississippi which was soon to follow. There were no Indian wars of consequence in Oklahoma during this period, though Te- cumseh endeavored to incite one. 28 History o^ Oklahoma SUGGESTIVE QUESTIONS Second Period. 1. Who was the first American to attempt to explore Oklahoma? Why did he turn back without completing his mission? 2. Who descended the Arkansas Eiver in 1806? What part of Oklahoma did he pass through in the course of his journey? What other explorers visited Oklahoma during this period? 3. When was Fort Smith established? Fort Gibson? Fort Towson? Give the location of each of these posts. 4. When and how was the western boundary of Oklahoma de- termined? What foreign nation claimed the territory that bordered upon Southern and Western Oklahoma at that time? 5. For what tribe of Indians was the first mission and school established in Oklahoma? When and where was it established and what was it called? 6. What can you tell of the fur trade in Oklahoma during this period? Did the French traders continue to control the fur trade? 7. What noted Indian leader visited Oklahoma in 1811? For what purpose did he come? Did he succeed? 8. When vfUf it first proposed to establish an Indian Territory? THIRD PERIOD (1825-1840) INDIAN MIGRATION FROI\I THE EAST. The Santa Fe Trail.— By an act of Congress which was approved March 3, 1825, the president of the United States was authorized and directed to cause a road to be marked A STEAMBOAT OF THE TYPE IN USE ABOUT 1830 out from a point on the Missouri River to the Spanish set- tlements in New Mexico. The work of locating, surveying and marking the proposed road was performed during the years 1825-6-7. For a distance of about fifty miles this road, or "trail," as it was more commonly called, passed over Oklahoma soil, entering Avhat is now Cimarron County from the north and running in a general southwestwardly direction across that county. 30 History of Oklahoma The First Steamboat. — The first steamboat that entered the waters of the Arkansas River in the Indian Territory was the "Facility," Avhich, under the command of Captain Philip Pennywit, ascended that stream as far as Fort Gibson in 1828. From that time on, Fort Gibson was visited regu- larly by one or more steamboats each year. The Cherokee Nation. — By the terms of the treaty be- tween the Government and the chiefs and head men of the Western Cherokees (i. e., those who had moved west of the route of WASHINGTON IRVING'S TOUR OF THE PRAIRIES, 1832 Mississippi and who were then living in Arkansas), May 6, 1828, it was proposed to settle the entire Cherokee tribe on a new reservation west of Arkansas Territory. The Chickasaw and Seminole Treaties. — In 1832, the Seminole Indians, of Florida, and tlie Chickasaw Indians, of Mississippi and Tennessee, were induced to agree to re- move to new reservations in the region west of the Missis- sippi. Indian Migration from the East 31 An Indian Territory to Be Established. — An act of Con- gress, approved IMay 26, 1830, provided for the establishment of an Indian Territory. By its terms, the president of the United States was authorized to select from the public lands a tract not included in any organized state or territory and not belonging to other Indian tribes and to cause the same to be set aside for division into a suitable number of districts or reservations to be given to Indian tribes in exchange for lands in the states east of the Mississippi which they might be willing to give up and leave. Although no formal action was taken by the president, the country immediately west of the state of Missouri and the territories of Arkansas and Iowa became known as the Indian Territory. Washington Irving 's Visit. — In the autumn of 1832, a company of rangers marched westward from the Osage Agency (which was a few miles above Fort Gibson), crossed the Arkansas just above the mouth of the Cimarron, forded the latter a few miles below Guthrie and crossed the North Canadian in the vicinity of Oklahoma City. Washington Irving, the distinguished author and traveler, accompanied the expedition as an interested witness of wilderness sights and scenes. He afterward embodied his experience and observations of an outing in Oklahoma in a charm- ing narrative entitled, ''A Tour of the Prairies." The Leavenworth Expedition.— An important expedition was or- ganized at Fort Gibson in the sum- mer of 1834. It was undertaken for the purpose of seeking to gain the friendship of the Comanche, Kiowa, Wichita and other tribes of Indians which roamed in the region of the Wichita Moun- tains. The expedition was organized under the command of Gen. Henry Leavenworth and was accompanied by Gov. HENRY LEAVENWORTH 32 History of Oklahoma Indian Migration from run East 33 Montfort Stokes, who was acting as a peace commissioner for the Government. The expedition went far into an almost unexplored wilderness, visiting the village of the Wichita In- dians on the North Fork of the Red River and meeting with the Indians of the other tribes. Upon its return to Fort Gibson, delegations from several tribes accompanied it for the purpose of attending a grand peace council. Continued Migration of Indians. — Although reservations had been assigned to the Cherokee, Choctaw and Creek tribes in the Indian Territory, to which many of their people had already moved, the greater part of these tribes did not move from their old homes east of the Mississippi until after 1835. Most of the Creeks came west in 1836. The Chick- asaws purchased an interest in the Choctaw reservation in 1837 and, shortly afterward, began to move westward. A majority of the Cherokees refused to leave their old homes in Georgia and Tennessee and had to be removed by force in 1836. The people of all of these tribes were strongly attached to their old homes. Many if not most of them were compelled to move away to a strange and distant country against their own will and wish. They underwent great hardship and suffering during the course of their journeys to the West. The history of the removal of the Indians of these tribes to the West is a sad one. Another band of Cherokees, which had been living in Texas for many years, was driven out of that country and came to the north to settle with the main body of the tribe shortly after the arrival of the Eastern Cherokees. The bitter feeling be- tween the Cherokees who had favored the removal treaty and those who had opposed it remained for years. Slavery Introduced into Oklahoma. — The Indians of the tribes from the South had adopted many of the habits and customs of their white neighbors in the states east of the Mississippi. As the ownership of negro slaves was lawful in all of those states from which these tribes had moved, many of them had become slave owners. When they moved 34 History of Oklahoma to their new reservations in the Indian Territory, they brought their slaves with them. Indian Wars. — The Indian wars in the Indian Territory during this period were feAV and not of much importance. Most of them were between Indians of the tribes who had moved from the East, on the one side, and those of the tribes which were native in this part of the country, on the other. In nearly every case the Government induced the members of the various tribes to cease from warfare against each other and to live as friends. New Military Posts. — Two military posts were estab- lished during this period, Fort Coffee, in the Choctaw Na- tion, on the Arkansas River, in 1834, and Fort Wayne, in the northeastern part of the Cherokee Nation in 1838. The Fur Trade. — The coming of the Indians of the civ- ilized tribes into the eastern part of Oklahoma soon caused the fur traders to leave their old trading posts in that sec- tion of the country and led them to build new posts further west. Besides the trading posts of the big fur companies and their agents, there were many independent traders Avho went out on the Plains with a few pack animals loaded with knives, colored cloths, trinkets and other wares suitable for trading. These were exchanged for furs, buffalo robes and other articles to be had in the camps of the wild Indians. Early Progress. — The Indians who moved to Oklahoma from east of the Mississippi between 1825 and 1840 were al- ready well on the way toward civilized life. They therefore began to prosper in their n^w homes after they became set- tled once more. They raised small fields of corn, wheat and cotton and kept large herds of live stock, including horses, cattle and hogs. Their government agents and the mis- sionaries, who had come to labor among them, tried to en- courage them to adopt all the ways of civilization. Some of the traders, on the other hand, wanted these Indians to abandon the ways of civilization and live altogether by hunting and trapping. They lived plainly, their fields and Indian Migration from the East 35 herds and the game that abounded in the forest and on the prairie supplying most of their needs. With but few excep- tions their homes were built of logs. As a tribe, the Chero- kees were the most progressive. This was largely due to the fact that the writing and printing of their language had been made possible by the invention of the Cherokee alphabet by Sequoyah. SEQUOYAH PROSPEROUS INDIANS The Western Cherokees, who had already been living in the Indian Territory for some years before the arrival of the main body of the tribe from east of the Mississippi, had so many horses, cattle and hogs at the time of the migration of the remainder of the tribe that the Government was enabled to purchase from them enough animals for the use of the new comers in stocking their farms. While most of the Indians of the tribes from the East were engaged in farming and stock raising, a few of them became mer- chants and others became wandering traders among the wild tribes of the Plains. Some of the Cherokee Indians seem to have been engaged in river traffic by means of flat boats on the Cumberland 36 History of Oklahoma and Tennessee before they came West. They still kept up an active interest in such affairs, which is evident from the fact that, as early as 1837, they owned and operated a fine steamboat which plied be- tween their country on the Arkansas and the lower Mississippi to New Orleans. Tribal Constitutions. — The Cherokees had a tribal constitution which had been formally adopted in 1827. It was republican in form, having legislative, judicial and executive departments. This Cherokee constitution is said to have been modeled after that of the state of Mississippi and, in turn, it served as a model for the con- stitutions of the Chickasaw, Choctaw and Creek nations. SEQUOYAH. Sequoyah, or George Guess, was born about 1760, being the son of a white father and a Cherokee mother. There is a tradition to the effect that his father was Nathaniel Gist, son of Christopher Gist, the North Carolina scout who accompanied George Washington on his memorable mission to the French posts on the Allegheny, in 1753, the story running that Nathaniel Gist was captured by Chero- kee Indians at Braddock's defeat on the Monongahela and kept as a prisoner among them for many years. This has never been estab- lished as a fact, however, and it is more probable that his father was a German peddler from one of the Moravian settlements of the adjacent region in Carolina. Sequoyah grew up ignorant and untutored. When young he was unable to speak or understand English and, even in later life when signing his name to a document in English, he merely made his mark as any illiterate would. When he first saw books at the mission schools he was informed that the characters represented the words of the spoken language. Not understanding how this was done, he attempted to make characters of his own for the Cherokee language. At first he undertook to make a separate character for each word, but finding that impracticable, he reduced his invention to a system by making a separate character, or letter, for each possible syllable in the language and one for the letter ''s." In all, he had eighty- five characters or letters in his alphabet. He was enabled to teach this syllabic alphabet to any Cherokee, old or young, within three weeks. Types of the new alphabet were cast and books and news- papers were printed in the Cherokee language. As a result, the print- ing of books and pamphlets for the Cherokee Indians in Eoman text ceased, save when the English language was used. Sequoyah was greatly honored by his people and his memory is revered by them to this day. He first visited the Western Chero- kees, in Arkansas, in 1822. The next year he moved west and re- mained. He was a leader of the Western Cherokees (Old Settlers) at the time of the migration of the Eastern Cherokees in 1838-9. He died in 1844 while on a hunting and exploring excursion to New Mexico and was buried near Taos, in that state. Summary. — The story of the removal of the Indian tribes from the southern states and their settlement in the Indian Territory will always be one of thrilling interest, not alone to their descendants but to the American people 3—0. H. Indian Migration i^rom tiik East 37 generally. The tales of the deeds of pioneers always fas- cinate us, but the pioneering stories of no state have sur- passed those of the Indian Territory in heroic, pathetic and tragic interest. That period of the history of Oklahoma may furnish inspiration for the artists, musicians and poets of generations yet unborn. SUGGESTIVE QUESTIONS Third Period. 1. When and by whom was the Santa Fe Trail located'? What part of Oklahoma did it traverse? Tell briefly the story of the Santa Fe Trail and its importance in the early history of the South- w^est. 2. When did the first steamboat reach Fort Gibson? What was the name of the steamboat? The name of its captain? 3. What noted author visited Oklahoma in 1832? What inter- esting book tells the story of his trip? 4. When did Congress pass an act providing for the establish- ment of an Indian Territory? What Indian treaties were made shortly afterward? 5. Tell the story of General Leavenworth's expedition. What tribes of Indians were visited? What veteran of the American Eevo- lution accompanied the expedition? What noted painter of Indian portraits? 6. What tribes migrated to Oklahoma during this period? From what part of the United States did they come? What tribe joined the Choctaws? 7. When was slavery introduced into the Indian Territory? By whom was it introduced? 8. Where did the fur traders operate in the Indian Territory during this period? What other traders were there besides those who owned and operated trading posts? 9. Tell what you can about the life, occupation, customs and prosperity of the immigrant tribes. History of Oklahoma (llKi'uiui'^lpljalut. I) |{ T 0-), '(^/ • ■ i , ■ ?i^v {J/y/ I-^.- X- A... .1,./ IV.V i^. t>,. ,.h r„v 1 //// Ct' In- W/. d- <•? (>., M •l,v 4^ a , II ///'•/' T *///// • f^ 1 i ' tt 1 /// h// /j/W 1 //// . O.--; 1^ CO./u, X//// Wy/w C6y//// Ijjy/ <4L-.r ,i.,,. I>. + ^// K, It//// VV/// S,. 'I V,- .1 //•■// v.. S//// Ji. >J///// 1 i //// L. c-.v '1.., J//// nu- ; 0/jy/ . 'h. hv K.,- f'J/jv/ Vrisv ; VK //•// iiS„r ©„ t%// 6uV : cO,. 'i},r. v'"^,-/ fir// Ct7// Bv. i j .'/ ZZJ /»■' •/'/ /''/' /.z .r/^/zzY fzs Z' /" zt/z/ / //.r / /v ^/^^/^ /r t/„.rf //.r /•/// //// j \r.. , 'Zt AZZ/. ' /ZZZSZZ /^ ifz/ f '(MisonJi"' Sound K 5/ ur,t//i /Zi /// A',i////.r// . /J/// „///z/f//rs /'z^z/z/tz/if ar//z 1/ rTzvyt/.i' Aznv■.rz*z>^zVzin^vz/zz• /"■|',y ,,/ /^/ ,(.y ,„,, .y,v,„./„„,.,. ,,zzzzz,,/z-z/ //,, />/. //; zzzzz/ Sr/Zzzzi/z-.i j,zz//,z, H.//, // r, z;/,//; ^ xtzzur/z/zt^s ffz/y' /f/ ^/. FOURTH PERIOD (1840-1860) AN p:ra of peaceful development. The Great Floods of 1«44.— The year of 1844 was a memorable one in the Indian Territory as elsewhere through- out the West on account of the great floods which prevailed. In addition to the annual "June rise," which was due to the melting of snow in the mountains about the sources of the rivers, there was a season of unusual rainfall through- out the region of the Great Plains. All of the rivers in the Indian Territory overflowed their banks, causing great de- struction of property and some loss of life. Overland Trade and Travel. — During the summer of 1850, Lieut. J. H. Simpson surveyed and laid out a road from east to west across Oklahoma. From the Arkansas River the road followed the north bank of the Canadian to a point near Chouteau's trading post, in Avhat is now the south- ern part of Cleveland County. Thence it followed the south bank of the Canadian to a point in the northern part of Caddo county, whence it crossed over to the valley of the Washita. After following the valley of that stream for some distance it re-entered the Canadian valley in Roger Mills County. Another overland trail, known as the Texas Road, came to be much used for travel and freighting during this period. Originally it was part of a military road leading from Fort Scott (Kansas) to Fort Gibson. From Fort Gib- son to the Red River it folloAved the trail which was first marked out by the Leavenworth expedition in 1834, passing through Boggy Depot. Indian Trade. — Trade among the Indians of the civilized tribes was not greatly unlike that of the country merchant 40 History oi? Oklahoma of that period in other parts of the country. Trade among the Indians of the wild tribes of the Plains was a profitable business, although there was often much risk in it. Growth of Slavery. — With the increase of wealth among the Indians of the civilized tribes, the owning of negro slaves also increased. Most of the slave owners in the Indian Ter- ritory w^ere Indians of the mixed-blood class. Some of these owned large plantations upon which many slaves were worked. The Texas Cession. — On November 25, 1850, the state of Texas withdrew its claim to the ownership of lands lying north of 36° 30' north latitude. The tract which thus be- came a part of the public domain of the United States in- cluded the counties of Beaver, Cimarron and Texas in the state of Oklahoma. River Navigation. — During this period, steamboat navi- gation on the IMississippi River and its principal tributaries was largely used for both trade and travel. The merchants and traders of the Indian Territory made use of steamboats in shipping in goods and supplies and also in shipping out the products of the country which they handled. Some of the big steamboats from the lower Mississippi used to come up the Arkansas as far as Skullaville and Fort Gibson. Steamboats also navigated the Red River at certain seasons of the year as far up as the mouth of the Washita, a great deal of cotton being shipped to New Orleans in that way. At the Steamboat Landing. The arrival of a steamboat at Fort Gibson, or Skullaville, in olflen times was always an important event in the life of the com- munity. The sound of the whistle of the approaching vessel was a signal which was sure to cause an immediate gathering of the major portion of the inhabitants at the landing on the river bank. The negro deck hands were soon busied in unloading the cargo. Before long the landing would be covered with piles of freight for the mer- chants and traders and with great quantities of stores for the Gov- ernment military posts and Indian agencies. Meanwhile many In- dians of the Cherokee, Creek, Osage and other tribes would line the shore, most of them staring in wonder at the great "fire-canoe." At such times the engineers found great sport in blowing off the mud- valve with its loud roar, whereupon the crowd would run away from the boat. An Era of Pe:ace:fuIv De:ve;i.opme:nt 41 The cargo for the down-stream voyage sometimes included beef hides, casks of tallow and bags of corn, but almost always there would be great bales of buffalo robes and deer skins and furs, to- gether with barrels and sugar hogsheads filled with pecans. Finally, when the craft was ready for its return voyage, some of the mer- chants and traders, who had been waiting for the arrival of * * a good boat, ' ' would go aboard, followed by servants or employes carrying powder kegs or ax-boxes, filled with Mexican silver dollars, thus prepared for a journey to Memphis, New Orleans, St. Louis or Cin- cinnati, where they planned to purchase new stocks of goods for their trade. Then, when the boat 's bell clanged and the gangplank was raised and the reversed engines would start the paddle-wheels, the big craft would slowly back out into the channel, while the negro deck hands (who alwaj^s sang at their work) would give voice to the wild chant of ''Far' yo' well, Miss Lucy," and soon the steam- boat would disappear around the bend of the river, leaving the little outpost to resume its wonted isolation and loneliness. RIVER STEAMBOAT OF TYPE IN USE IN 1S50-60 Besides the steamboats, keelboats and canoes, there was an occasional flatboat to be seen on the Arkansas. These were gen- erally from Southwestern Missouri, where they were built, loaded with bacon, hides, ginseng, sarsaparilla, snakeroot and other pioneer commodities and products, then floated down the Cowskin to the Neosho (or Grand) and thence down to the Arkansas and Mississippi, where a market would be found for both boat and cargo, the crew returning home overland. Some of the Creek and Seminole Indians used to reach the outside world with such surplus products as dried peaches, beans, pecans, gopher peas, rice, etc., in large "dug-out" canoes, each made of a single cottonwood log of mammoth propor- tions, in which they floated down the Canadian to the Arkansas. Some of these canoes were of sufficient size to hold large barrels laid lengthwise. Exploring Expeditions. — The ^vilderness of Central and Western Oklahoma still continued to be explored at rare intervals. In 1843, Capt. Nathan Boone, First U. S. Dra- goons, commanded an expedition whieli explored the valleys 42 History of Oklahoma A P A~ C HvE S TO N K A W A S CA0DOE5 TEXAS THE INDIAN TERRITORY. 1835-1854 An Era of PjiAcici-ui. Dkvki^opmi^nt 43 of the Arkansas, Cimarron and Salt Fork (Nescatunga), in Northern Oklahoma and on northward into Southern and Central Kansas. In 1845, Lieut. James J. Abert explored the valleys of the Canadian and Washita rivers in the ex- treme western part of Oklahoma. In the spring and summer of 1852, the sources of the Red Eiver w^ere explored by an expedition under the command of Capt. Randolph B. Marcy. The Indian Territory Reduced in Size. — In May, 1854, Congress passed an act providing for the organization of the territories of Kansas and Nebraska. These two territories were formed from parts of what had been known for nearly twenty-five years as the Indian Territory. The Indian Territory, proper, was thus reduced to the area which it in- cluded up to the passage of the Organic Act under which Oklahoma Territory was organized in 1890. The Kansas- Nebraska Act fixed the 37th parallel of north latitude as the boundary between Kansas Territory and the Indian Territory. Indians in Kansas Territory. — Although Kansas was thus cut off from the Indian Territory, it contained the reservations of nearly twenty tribes of Indians, besides which there were several tribes of wild Indians of the Plains in the western part of the new ter- ritory. Eventually nearly all of these tribes were removed to Okla- homa, though not until after the close of the Civil War. The Northern Boundary Surveyed. — The boundary line between Kansas and the Indian Territory was surveyed in the summer of 1858, by a party under the command of Lieut. Col. Joseph E. John- ston, of the Second U. S. Dragoons. Colonel Johnston afterward be- came one of the most distinguished generals in the Confederate Army. Tribal Changes. — ^Vhen the Chickasaws came west they joined the Choctaws and purchased an interest in the Choc- taw reservation. For many years, they w^ere also under the same tribal government and were supposed to have equal rights and privileges with the Choctaws. This arrangement was somewhat irksome to the Chickasaws because they were always out-numbered and out-voted. The Choctaws were therefore always in full control of the tribal government and only Choctaws were elected to office. The Chickasaws 44 History of Oklahoma An Era of Pi^ackful Di;ve:lopment 45 finally insisted upon separating from the Choctaws and they were permitted to do so upon payment of $150,000 to the Choctaws, in 1855. When the Seminoles first moved west from Florida, in 1845, they joined their relatives, the Creeks. Although they were given the right of full citizenship in the Creek Nation, the Seminoles were not satisfied. Like the Chickasaws, they preferred to govern themselves rather than be governed by the stronger tribe with whom they lived. In August, 1856, the Creeks and Seminoles made a treaty with the Govern- ment in which it was provided that a part of the Creek reservation should be set aside for the ownership and use of the Seminoles alone. The Choctaws and Chickasaws having separated as the result of the agreement of 1855, both nations adopted new constitutions in 1857. The Choctaw Nation afterward adopted a considerable portion of the statutes of the state of Mississippi as their own laws. After the laws of the Chickasaw Nation had l3een adopted by the tribal legislature under the new constitution, a young man, who was a member of the tribe, was sent into Texas with the original copies (no duplicates being retained), for the purpose of having them printed. The young man who had been entrusted with this im- portant mission mysteriously disappeared and the laws with him. As a result it became necessary to convene the tribal legislature in special session for the purpose of re-enacting the laws thus lost. The reservation which was set aside for the Seminoles was bounded on the east by a line which would divide the present county of Pottawatomie into two very nearly equal parts. Thence it ex- tended westward and northwestward to the Texas line, bounded on the south by the Canadian river and on the north by the North Canadian and the Cherokee Outlet. Indian Wars.— The Comanche and Kiowa Indians of Western Oklahoma were at war with the whites much of the time during this period. Most of their raids were directed against the frontier settlements of Texas and the overland emigrant and freighting trains on the Santa Fe Trail. Peace councils were held and treaties were made from time to time but peace seldom lasted long. In these peace councils, the Indians of the civilized tribes often took part, trying to induce the wild Indians to quit the warpath and live on friendly terms wnth the whites and other Indian tribes. 46 History of Oklahoma Life Among the Civilized Tribes.— The lives led by the people of the Cherokee, Chickasaw, Choctaw, Creek and Seminole tribes during the period between the time they be- came settled in their new homes in the Indian Territory and the outbreak of the Civil War w^ere simple, care free and happy. Their wants and needs were few and these were easily supplied. They lived at peace with the Government and with each other. The work of the patient and self- sacrificing missionaries among them was meeting with suc- cess. The neighborhood school as well as the national or tribal academy and seminary was doing its part to help them in the way of civilization. In many Indian homes there was real refinement. Not a few of the young men and women were sent to the colleges and seminaries in the east- >'leftllftl% mm'' OLD CHICKASAW CAPITOL AND LEGISLATIVE COUNCIL (Built in 1856) orn states to finish their education and training for life. There was not a railroad nearer than the Mississippi and Missouri rivers. All communication with the outside world An Era of Pe;ace:ful Dkviclopmicnt 47 was by river steamboat, wagon train and stap:e coach. It was amid such surroundings that the Indians were slowly but surely making progress in the ways of knowledge, skill and enterprise and in the accumulation of wealth. Indian Tribes Settled on the Washita. — Late in the sum- mer of 1859 a number of small tribes and bands of Indians, which had been living on two reservations on the Brazos Kiver in Texas, were removed to the Indian Territory and settled in the valley of the Washita River, within the limits of what is now Caddo County, Oklahoma. These tribes (which included the Caddoes, Keechis, Wacoes, Anadarkoes, Tonkawas, Absentee Shawnees, a small band of Delawares and the Peneteka Comanches) left Texas to avoid a war of extermination. Shortly after they arrived at their new reservation on the Washita, they were joined by the Wich- itas, who formerly lived in the Wichita Mountains. New Military Posts. — The military posts established in the Indian Territory during this period were Fort Washita (1842) and Fort Arbuckle (1851), both of which were located in the Chickasaw Nation, and Fort Cobb (1859), which was located in the Leased District, west of the Chickasaw Na- tion. Summary. — The period of twenty years which ended shortly before the outbreak of the Civil War was distin- guished as one of quiet and peaceful development in the Indian Territory. During this period the people of the five civilized tribes made great progress. Besides improving their farms and accumulating greater wealth in the way of flocks and herds and more comfortable homes, the people of these tribes gave other evidence of substantial development. They no longer depended on the missionary stations to fur- nish their only educational facilities, but began the estab- lishment of tribal schools, academies and seminaries. Church organizations were common among them and temperance societies were formed in several of the tribes. In the Chero- kee Nation an agricultural society was maintained. Many of the Indians had neat, Avell-kept homes, with all of the comforts and conveniences of civilized life. 48 History of Oklahoma SUGGESTIVE QUESTIONS Fourth Period. 1. Why was the year 1844 a memorable one in the Indian Ter- ritory? 2. Why should the annexation of Texas to the United States be mentioned in Oklahoma history? 3. What great overland trails traversed Oklahoma? For what were these trails used? 4. What can you tell of trade among the Indians during this period? 5. Tell what you knoAV about the growth of slavery in the Indian Territory. 6. How^ was merchandise shipped into the Indian Territory dur- ing this period? 7. Who finally explored the sources of the Eed Eiver? 8. Why did the Chiekasaws seek to be independent of the Choctaws? Eeview some of the Indian treaties of this period. 9. What new^ military posts were established during this period? Give the location of each. 10. Tell what you know about life among the Indians of the civilized tribes during this period. 11. What tribes of Indians moved from Texas to Oklahoma in 1859? Why did they leave Texas? Where were they located in Oklahoma?" FIFTH PERIOD (1860-1865) THE CIVIL WAR IN OKLAIIO]\rA. The Indian Territory at the Outbreak of the Civil War. — The dawning of the Civil War was a most unhappy event for the Indians of the civilized tribes. With the exception of the Seminoles, they had all been at peace with the white men for nearly fifty years and some of the tribes had been friendly for more than twice that long. Most of them were farmers. They raised fields of grain and cotton, owned herds of horses, cattle and hogs. Many of them owned negro slaves by whom much of the field labor was done. The life of the Indians was simple and care-free and their few wants were easily supplied. They wanted to remain at peace. They had no desire to take part in this trouble, which they right- fully called a White Man's quarrel. They had been friendly with the government of the United States so long that they were loath to make any change. On the other hand, all of these tribes had come from the South. Many of their cus- toms and habits were peculiar to the South and many of their people were related by ties of marriage and blood to the people of the South. For these reasons they felt that duty called for a new alliance, even though their friendship for the government of the United States was strong. The Beginning of the War in the Indian Territory.— The first events in the Civil War in Oklahoma Avere the abandonment of the military posts by the troops of the 50 History of Oklahoma United States Army. Most of these posts were abandoned within a month after Fort Sumter had been fired upon, the Federal troops marching north under the command of Col. William II. Emory. Each post was promptly occupied by Confederate forces as soon as the Federal troops were withdrawn. Thus, the Indian Territory virtu- ally passed into the control of the Confederates right at the outbreak of the war. On May 13, 1861, the Confederate Military District of Jll^^ipn^ the Indian Territory was estab ^JHH^^^^^ lished and Gen. Benjamin McCuI «,^^^^BBH^^^^ loch was assigned as its comman f COL. "WILLIAM H. EMORY The Confederate Government Seeks Friendship of the Indians. — The newly organized Confederate Government took steps to win the friendship of the Indians of the civilized tribes as well as to secure and hold military control of the Indian Territory. Efforts were made to in- duce all of the tribes to enter into treaties of friendship imd alliance. Confederate Treaties with Indian Tribes.— Albert Pike, as commissioner of the Confederate States, met the repre- sentatives of the Choctaw, Chickasaw, Creek, and Seminole Nations at North Fork Town (Eufaula) July 10-12 and August 1, 1861, and negotiated formal treaties of friend- ship and alliance with each of those tribes. The Cherokees acted with much less haste and it was not until the 7th of the following October that they entered into a formal treaty with the Confederate States. Commissioner Pike also in- duced a number of other tribes and parts of tribes to sign similar treaties. Changed Relations. — By entering into treaties with the Confederate States, the Indians of the civilized tribes were TiiK Civil, War in Oklahoma • 61 regarded as enemies of the United States, with which most of them had been living at peace for many years. Few of them could foresee the probable consequences of the war which w^as to follow or its possible effect upon them. The general histories of that great conflict scarcely mention the campaigns and battles which took place in the Indian Ter- ritory. Compared with the greater campaigns and battles between larger armies in other parts of the South, the events of the Civil War in the Indian Territory may seem unimportant. However, the war was as brutal, as cruel, as destructive and as wasteful in the Indian Territory as it was in any part of the South and the people of the civilized tribes learned that, if it was a AVhite Man's quarrel, it also became a source of the Ked Man's woe. Flight of the Tribes on the Washita. — The greater part of the Indians of the Caddo, Wichita and other tribes, which had been settled on the new reservations on the Washita River only a year and a half before, abandoned their homes and fled northward across the Kansas line shortly after the Federal garrison was withdrawn from Fort Cobb. Military Activities in the Indian Territory. — After making treaties with nearly all of the tribes in the Indian Territory, the work of organizing Indian troops for service in the Confederate Army was pushed as rapidly as possible. General Albert Pike was placed in command of these Indian troops, in November, 1861. Tribes Divided by the War. — Not all of the Indians of the civilized tribes were willing to accept the alliance with the Confederate States to which their chiefs and counselors had agreed. Although the Federal Government had with- draw^n its troops from the Indian Territory and had failed to fulfill its treaty agreements (including the payment of annu- ity moneys), many of the Cherokee, Creek, and Seminole In- dians remained firm in their attachment to the Union. Late in November, 1861, about 2,500 of these Indians gathered under the leadership of Opothleyohola (o-poth'-le-yo-ho'la). 52 History oi^ Oklahoma The First Battle. — The followers of Opothleyohola were poorly fitted for a campaign as they were not organized and were scantily provided with arms, ammunition and provis- ions. They were also encumbered by their families. AVben they attempted to leave the Territory and move northward to Kansas, they were followed by a Confederate Indian force of about 1,500 men under the command of Col. Douglas H. Cooper. The Union Indians were overtaken at a point north of the Cimarron River, within the present limits of Osage County, where a battle was fought on the evening of November 19, 1861. It ended in a victory for the attacking Confederates. Union Indians Again Defeated. — After gathering up his scattered followers Opothleyohola attacked Colonel Cooper's command at Chusto-Talasah (chtis'-to-ta-la'-sa) on Bird Creek (in Osage County), December 9, 1861. In the hot fi.ght which followed, the Union Indians were defeated and driven off. Colonel Cooper then withdrew his command to Tulsey Town (Tulsa). Nearly two weeks later, Colonel Cooper's command was reinforced by a brigade of Arkansas and Texas troops under Col. James Mcintosh. The Union Indians were found and attacked on Shoal Creek on Decem- ber 26. In this fight, which was called the battle of Chus- tenahla (chiis'-ten-ah'-la) the Union Indians were again de- feated and scattered. A Winter of Suffering. — The Indians w^ho had thus openly avowed their attachment to the Union were nearly all driven north of the Kansas line late in December and early in January, 1862. The weather was bitterly cold. The Indians Avere accompanied by their families. Few of them had tents or shelter of any kind. Most of them were scantily clothed, many Avere without shoes, and food was scarce. The sufferings of these refugees during the winter of 1861-2 were almost indescribable. Sickness followed exposure and hun- ger, and hundreds of the refugees died. The Battle of Pea Ridge and Its Effect.— The first event of importance in 1862 Avas the Battle of Pea Ridge. The IG— O. H. The Civil. War in Oklahoma 53 Confederate forces under the command of Gen. Albert Pike were marched across the line into Arkansas to take part in a campaign nnder Generals Price and Van Dorn. At the Battle of Pea Ridge, the Confederates were defeated by the Union forces under the command of Gen. R. S. Curtis. The effect of this battle on the Indian troops in the Confed- erate service was demoralizing. Federal Activity in the Indian Territory. — Soon after the Union victory at Pea Ridge, E. II. Carruth, Federal commissioner to the Indian tribes of the Indian Territory", addressed letters to the leaders and chiefs of each of the civilized tribes, urging them to renew their alliance and friendly relations with the Federal Government. Three Indian regiments were also organized for the Union service in the Indian Territory. The Three Indian Regiments were designated respectively as tlie First, Second and Third Eegiments of the Indian Home Guard. The Indian Brigade, thus organized, continued in the active service until the end of the War, Col. Eobert W. Furnas, who was after- ward governor of Nebraska, was the first commander of the Indian Brigade. Cherokee Country Invaded by Union Troops. — June 22, 1862, a force of 5,600 Union troops (including three Indian regiments) under command of Col. William Wier, marched soutlnvard from Humboldt, Kansas, and entered the Chero- kee country. The only opposition to the advance of this force was that of Col. Stand Watie's Cherokee regiment. Gen. Albert Pike, who Avas in command of the Confederate military district of the Indian Territory, maintained his headquarters and held most of his force at Fort McCulloch, on the Blue River, in the southwestern part of the Choctaw country, although repeatedly ordered by General Ilindman, department commander, to move them northward for the protection of the Cherokee country. General Pike finally resigned, and, Avhen relieved of his command, Avas tem- porarily succeeded by Col. Douglas 11. Cooper. Colonel Cooper at once advanced his command to the Arkansas River, whoro it was united with that of Col. Stand Watie. 54 History of Oklahoma At the same time a Confederate force of five regiments, un- der General Rains, moved northwestward into the Cherokee country from Fort Smith. The Federal forces thereupon retired northward into Kansas. The Tonkawa Massacre. — Of the tribes which had settled on the Washita in 1859, the Tonkawas alone had remained attached to the Confederate Indian Agency, near Fort Cobb. While the Tonkawas were encamped near Anadarko, one night in October, 1862, they Avere attacked by a raiding party of Union Indians, including members of the Dela- ware, Creek, Shawnee, Kickapoo and possibly other tribes, and the greater part of the Tonkawas Avere killed. Second Federal Invasion. — The Kansas division of the Army of the Frontier, under command of Gen. James G. Blunt, attacked the Confederate ^^a^ forces under command of Col. ^pMB^ Douglas H. Cooper, at Old Fort m ^ Wayne, in the Cherokee country B ' ' ' (near ]\Iaysville, Arkansas), Octo- ber 22, 1862. The battle resulted in a victory for the Union forces, the Confederate troops retreating in great haste, westward, by way of Fort Gibson, across the Arkan- sas River, to Fort Davis. Fort Gibson was occupied by a force of Federal troops (3d Indian Regi- ment) under command of Col. From that time on, to GEN. JAMES G. BLUNT William A. Phillips, November 9. the end of the Avar, Fort Gibson remained in the hands of the Federal forces and Avas the base from Avhicli all of their operations in the Indian Territory Avere performed. Dual Tribal Government. — While the Federal forces Avere occui)ying the Cherokee country, Colonel Cooper sent a message to John Ross, in the name of the president of Thi^ Civil War in Oklahoma 55 the Confederate states, demanding that he issue a proclama- tion calling on all Cherokee Indians between the ages of eighteen and thirty-five to enroll themselves in the Con- federate military service. Ross failed to do so. When the Federal forces retired northward, a national convention of the (Confederate) Cherokees was held, at which John Ross OLD commissary BUILDING, FORT GIBSON was declared to be deposed from the office of principal chief and Stand Watie was named to succeed him. Ross left the Territory, going to AVashiiigton to renew the treaty with the Federal Government. From the fall of 1862 until the end of the Wav, the Cherokee people were divided into two parties, and had two tribal govern- ments, the one headed by John Ross, and the other headed bv Stand Watie. General Steele in Command of Confederate Forces. — Early in January, 1803, Gen. AVilliam Steele was assigned to the command of the Confederate forces in the Indian Ter- History of Oklahoma Tiiiv Civil, War in Okumioma 57 ritory. Not much was done during tlie first half of the year by either army. Gen. Douglas H. Cooper's Indian Brigade crossed the Arkansas River near Fort Gibson, May 20, to capture the cattle and horses of the Federal garrison sta- tioned at that post. The Federal commander, Col. William A. Phillips, was taken by surprise. He promptly attacked the Confederates. The fight was a hard one and for some time the result was in doubt. The Union troops were finally reinforced and the Confederates retired. The loss in killed and w^ounded was severe on both sides. Ten days later the Confederates attacked a supply train, en route from Fort Scott, a few miles from Fort Gibson. The military escort of the supply train having been heavily reinforced, the at- tacking Confederates were repulsed, leaving thirty-five of their number dead on the field. Battle of Honey Springs. — On July 16th occurred the Battle of Honey Springs. A Confederate brigade, under Gen. Douglas H. Cooper, was encamped at Honey Springs, on Elk Creek, about three miles east of Checotah. Gen. James G. Blunt, at the head of a Federal force of about 3,000 troops, with two batteries of artillery, crossed the Arkansas River above the mouth of the Verdigris and moved to attack Cooper's camp. The battle began about ten o'clock in the morning and raged fiercely for several hours. The result was a victory for the Union troops. General Cooper retired south of the Canadian River with his command. The Perryville Expedition. — In the latter part of August, 1863, Gen. James G. Blunt fitted out an expedition of 4,500 men at Fort Gibson for the purpose of taking the field against the Confederate army of General Steele, which had concentrated south of the Canadian River, on the Texas Road (east of the present town of Canadian, in Pittsburg County). When the expedition arrived at the site of the Confederate encampment, it was found to have been abandoned. Gen- 58 History of Oklahoma eral Blunt 's command marched on down the Texas Road as far as Perryville, where the Confederate supply depot was captured and destroyed. The Federal commander then marched his forces back to Fort Gibson. Capture of Fort Smith. — Immediately after returning from the Perryville expedition, General Blunt organized another expedition with which he descended the Arkansas and captured Fort Smith, September 1, 1863. Fort Smith had long been regarded as a goal by Union commanders in planning campaigns for the Southwest and its capture was counted as a decisive gain by them. A New Confederate Commander. — Be- o.ause of the lack of harmony in the affairs of his command, Gen. Steele Avas re- lieved and Gen. Samuel B. IMaxey was ap- pointed to succeed him, December 1, 1863. Refugee Indians. — After the perma- nent occupation of Forts Gibson and Smith by the Federal forces, all of that part of the Territory which was embraced in the valleys of the Arkansas and Canadian rivers became untenable for the Indians Avho had adhered to the Confederate cause. They were forced to seek refuge in the valley of the Red River. Like the Indians who fled to the Kansas border at the outbreak of the War, they experi- enced great privation and suffering, and their destitute con- dition added to the already heavy burdens of the Confeder- ate military authorities. 1864 A Winter Campaign. — At the beginning of the year 1861:, the Confederate forces under the command of Gen. S. B. Maxey were stationed in the valley of Red river, at Forts Towson, McCulloch, and Washita and at Boggy Depot. On the first of February, an expedition was fitted out at Fort Gibson under Col. William A. Phillips to make a GEN. S. B. MAXEY The Civil War in Oklahoma 59 scouting campaign in the Creek, Seminole, Choctaw, and Chickasaw nations. At the mouth of Little River (in Hughes County) the infantry and the wagon train were allowed to rest, while Colonel Phillips with a force of 450 mounted men and one piece of artillery pushed on south- Avard and westward nearly to Fort Washita. Indians in an Arkansas Campaign.— In the spring of 1864, part of the Confederate troops in the Indian Terri- tory, including Col. Tandy AValker's brigade, which con- sisted of Choctaw and Chick- asaw troops, were trans- ferred to Arkansas to aid in opposing the advance of the Federal army under Gen. Frederick Steele from Little Rock to Camden. Colonel AValker's Indian Brigade particularly distinguished it- self at the Battle of Poison where it captured a wagon COL. WILLIAM A. PHILLIPS Spring, Arkansas (April 18) train and a battery of artillery. Capture of a Federal Supply Steamer.— June 15, 1864, Lee's battery of Confederate artillery (Cherokee) which was attached to the command of Gen. Stand Watie, fired upon and finally captured the steamboat '^G. II. Williams," as it was passing Pheasant Bluff (near the mouth of the Cana- dian) on its way up the Arkansas River from Fort Smith to Fort Gibson. Federal Wagon Train Captured.— One of the most nota- ble events of the Civil AVar in the Indian Territory was the 60 History of Oklahoma capture of a large train of wagons loaded with supplies for Fort Gibson, by a force of 2,000 Confederate troops be- longing to the brigades of Generals R. M. Gano and Stand AYatie, at Cabin Creek, on the military road between Fort Scott and Fort Gibson, September 17, 1864. 300 wagons filled with military supplies, and nearly 1,300 horses and mules fell into the hands of the Confederates as the result of this exploit. 1865 A Season of Inactivity. — During the last winter of the Civil War there was but little done by the troops of either side in the Indian Territory It was generally believed that COL. D. N. Mcintosh gen. stand watie col. tandy walker (Indian Brigade Commanders in tlie Confederate Army) the War was drawing to a close. General Maxey having retired from the command of the Confederate troops in the Indian Territory, was succeeded by Gen. Douglas 11. Cooper. An Indian Peace Compact. — For some time before the end of the War, the Indians of the civilized tribes who sided with the Confederacy had been seeking to arrange a general council with the Indians of the wild tribes of the Southern Plains region. It was proposed to hold such a council at Tiiu Civiiv War in Oklahoma 61 Council Grove, on the North Canadian River (six miles west of Oklahoma City) on May 1, 1865. For some reason it was postponed and was finally held at Camp Napoleon, on the AVashita, May 26, 1865. Three weeks later the principal chiefs of the Creek and Seminole Nations joined in an address urging all Indian tribes and bands, regardless of the part they had taken during the War, to drop all past differences and join in the peace compact which had been adopted at the Camp Napoleon council. The Dawn of Peace. — Gen. Edmund Kirby Smith, com- mander of the Trans-Mississippi Department of the Con- federate Army, surrendered to Gen. Edward E. S. Canby, of the United States Army, May 26, 1865. In the Indian Territory, Gen. Douglas H. Cooper carried out the terms agreed upon between General Canby and Gen. Kirby Smith, in so far as the white troops of his command were concerned, but stated that it would be impracticable and even dangerous for him to attempt to surrender the Indian troops. The latter claimed to have entered the War as inde- pendent allies of the Confederacy, and reserved the right to treat directly with the United States government for the return of peace. The Cherokee troops under Gen. Stand Watie, were surrendered to Lieut. Col. Asa C. Matthews, (99th Illinois Volunteer Infantry) at Doaksville (near Fort Towson) June 23. The Choctaws, through their principal chief, Peter P. Pitchlynn, also agreed to surrender at the same time and place. The peace terms by which the Chick- asaws agreed to quit fighting were signed by Governor Win- chester Colbert about two weeks later — nearly three months after the surrender of the Confederate Army of Northern Virginia by General Lee. Results of the War in the Indian Territory. — The close of the Civil War found the Indian Territory in a most un- happy .state. Its people were divided into two parties, be- tween which bitterest hatred existed. OutlaAvs overran the country and the old feud between the treaty and anti-treaty 62 History of Oklahoma parties in the Cherokee and Creek nations had been so in- tensified by four years of warfare that there was a feeling of determination on each side that the other should not be al- lowed to return home. For some time, indeed, military authority was necessary to preserve order. The Choctaw and Chickasaw nations having been almost unanimous in their support of the Confederacy, there was very little fac- tional trouble within their boundaries. A Peace Council Called.— June 18, 1865, Peter P. Pitch- lynn, principal chief of the Choctaw Nation, issued a proc- lamation calling for a general peace council of all the tribes of the Indian Territory to convene September 1, at Arm- strong Academy, in the Choctaw Nation. It was proposed to meet the commissioners of the United States for the pur- pose of renewing the treaties Avhich had been abrogated by the several tribes at the outbreak of the war. The war being at an end, the Indians were naturall}^ anxious as to the terms upon which new treaties might be made. The general council of the Indians of the tribes residing in the Indian Territory was held at Fort Smith, Arkansas, in September 1865. Pitchlymi's Proclamation. — After reciting the existing conditions and urging that all tribes be represented in the council, the proc- lamation concluded as follows: '*It therefore becomes us as a brave people to forget and lay aside our prejudices and prove ourselves equal to the occasion. Let reason obtain now that the sway of passion has passed, and let us meet in council with a proper spirit, and resume our former relations with the United States government." Peace Conditions. — At this council the Indians were informed that those tribes which had entered into treaties of alliance with the late Confederate government had for- feited all of their old rights of consideration and protec- tion from the government of the United States, and that their property was subject to confiscation. They were given to understand, however, that the Government did not wish to be harsh, but that it would insist upon some conditions to which these tribes would have to agree before their former treaty relations could be renewed. These conditions in- TiiD Civiiv War in Oklahoma 63 eluded the abolition of slavery, and the union of all the tribes in the Indian Territory into one commonwealth with a territorial form of government. The former negro slaves of the Indians were also to be accorded full tribal rights. To some of these conditions several of the tribes strongly objected and, after a fruitless session of thirteen days, the council adjourned September 21, to meet in AYashington, D. C, the next year. Summary. — The result of the Civil War was pathetic from any viewpoint, but from none more than that of the people of the Indian Territory. With homes and belongings destroyed, farms laid w^aste, stock driven aw^ay, and owners compelled to flee for refuge, the story of ruin seems almost complete. Added to this was the presence and activity of a lawless element which knew no feeling of loyal attachment to either side, but plundered and robbed from the people of both sides as occasion offered. If this picture is not dark enough, it is only necessary to investigate the criminally dishonest business methods of the contractors who furnished supplies for the dependent Indians, and to read the record of bickering and jealousy which distinguished rival aspirants for military promotion in both armies. In short, the story of the Civil War in the Indian Territory is not one which in- spires the heart of a white man with a feeling of pride in his race. In striking contrast with such a picture of human self- ishness and unworthiness are the heroic figures of some lead- ers in both armies who acted from motives of sincerest patri- otism. Moreover, the patience and fortitude with which the mass of the Indian people endured hardships and privations, is one of which the people of any connnonwealth might well be proud. 64 History of Oklahoma SUGGESTIVE QUESTIONS Fifth Period. 1. Tell why the Civil War was a most unwelcome event to the Indians of the five civilized tribes. 2. Who negotiated treaties with the Indian tribes, as commis- sioner for the Confederate States? Who was the first commander of the Confederate forces in the Indian Territory? 3. What military posts were garrisoned at the outbreak of the Civil W^ar? Why were they abandoned? 4. Which tribes were almost unanimous in their sympathy with and adherence to the Southern cause? In which tribes were the sentiment and preferences of the people divided? Why did the tribes which hesitated at first, finally enter into treaties of alliance with the Confederacy? 5. What Indian leader remained steadfast in his devotion to the Union? Tell something of his campaign in the latter part of 1861. Where did the Indians who remained loyal to the Union seek refuge? Tell something of their sufferings. 6. In what battle in Arkansas did the Indian Confederate troops take part in 1862? What effect did it have on the Indians? When did the Federal forces first enter the Indian Territory? 7. When did the second Federal invasion take place? Who was in command of the Federal forces? Tell of the battle of Fort Wayne. Who captured Fort Gibson from the Confederates? 8. Tell of the division of the Cherokee Indians. Who was elected as chief by the Confederate Cherokees? Tell about the reorganiza- tion of the Cherokee tribal government under Federal protection, AVliat action did its council take with reference to slavery? 9. Who was in command of the Union forces at Fort Gibson almost continuously from 1862 until 1865? What Cherokee Indian became a brigadier general in the Confederate service? 10. Why were the Indian troops not included in the surrender of the Confederate forces in Oklahoma at the close of the War? By whom were they finally surrendered? Tell about the conditions existing in the Indian Territory at the end of the War? 11. Where was the general peace council held? When? What were the peace conditions imposed by the Government? Why were they not accepted at the time? The: Civil. War in Oki^aiioma 65 66 History of Oklahoma NATIONAL Ci':.^LETERY AT FORT GIBSON THE BIVOUAC OF THE DEAD The muffled drum's sad roll has beat uhe soldier's last tattoo; No more on life 's parade shall meet that brave and fallen few. On Fame 's eternal camping ground their silent tents are spread, While Glory guards, with solemn round, the bivouac of the dead. No rumors of the foe's advance now swells upon the wind; No troubled thought at midnight haunts of loved ones left behind; No vision of the morrow's stiife the warrior's dream alarms; No braying horn or screaming fife at dawn shall call to arms. Their shivered swords are red with rust; their plumed heads are bowed; Their haughty banner, trailed in dust, is now their martial shroud. And plenteous funeral tears have washed the red stains from each brow, And the proud forms by battle gashed are free from anguish now. The neighing troop, the flashing blade, the bugle's stirring blast. The charge," the dreadful cannonade, the din and shout are ])ast; Nor war's wild note, nor glory's peal, shall thrill with fierce delight Those breasts that nevermore may feel the lapture of the fight. Rest on, embalmed and sainted dead! dear as the blood ye gave, No impious footstep here shall tread the herbage of your grave; Nor shall your story be forgot while Fame her record keeps, Or Honor points the hallowed spot where Valor proudly sleeps. 7on maible minstrel's voiceless stone in deathless song shall tell, When many a vanished age hath flown, the story how ye fell; Nor wreck, nor change, nor winter's blight, nor time's remorseless doom Shall dim one ray of glory's light that gilds your deathless tomb. — Theodore O'lTara. SIXTH PERIOD. (1865-1875) PEACE RESTORED— PLAINS TRIBES AT WAR. New Treaties Made.— Having failed to agree as to the terms of new treaties at their general council at Fort Smith (September, 1865), the civilized tribes sent representatives to Washington early the following year, again to take the matter up with the Government. All of the civilized tribes agreed to new treaties during the spring and summer of 1866. Terms of the Treaties. — All of these treaties provided : (1) that there should be no more slavery among the Indians; (2) that the Government might have the right to permit the construction of railway lines across the tribal reserva- tions; (3) for the union of the tribes of the Indian Territory with a general legislative council the members of which were to be apportioned according to population ; (4) for the settlement of other or friendly Indians in the Terri- tory, and (5) for a general amnesty and forgiveness of all acts and deeds committed as acts of war between 1861 and 1865. In addition, each treaty contained some provisions Avhich did not appear on the others. The Freed Slaves. — The Cherokee Council (Union) had volun- tarily abolished slavery in the Cherokee Nation by legislative enact- ment in February, 1863. Under the terms of the new treaties, the Cherokee, Creek and Seminole nations granted the freed slaves full tribal citizenship rights, including lands and annuities. In the Choc- taw and Chickasaw nations the freedmen were granted citizenship but no share in annuities or trust funds and only forty acres of land each. 68 History of Oklahoma 5—0. IT. Pe:ace; Restored — The Plains Tribes at War G9 Tribes from Kansas Moved to the Territory. — In 1867 and 1868 a number of tribes of Indians moved from Kansas and settled in the Indian Territory after disposing of their reservations in that state. The Caddoes, AVichitas, and other tribes which had gone north to Kansas during the early part of the Civil War, also returned to their reservations on the AYashita. The Chisholm Trail and the Overland Cattle Trade. — The Chisholm Trail was a Avilderness road which Avas first marked by the wheel tracks of Jesse Chisholm 's wagons as he passed southward from the site of Wichita, Kansas, to the old Caddo-Wichita Agency, near the present town of Anadarko, in the spring of 1865. Two years later, in the spring of 1867, the first herds of Texas cattle were driven northward to Abi- lene, Kansas, over the Chisholm Trail, for shipment to Chicago. During the ensuing twenty years, the Chisholm Trail bore an im- portant part in the history of the western part of the Indian Terri- Jesse chisholm tory. It was not only a highway of traffic and travel by wagon and stage coach, but it was also the route over which Diillions of cattle slowly grazed toward the shipping station and market. Proposed Territorial Organization. — During tlie winter of 1866-7, Representative R. T. Van Horn, of the Kansas City (Missouri) district, introduced a bill in Congress, the object of which was to provide an organized territorial government for the Indian Territory. The bill was never discussed on the floor of the House of Representatives, though it occasioned considerable interest at the time. History of Oklahoma War With the Tribes of the Plains.— Throughout the period of the Civil War, most of the Indians of the wild tribes of the Southern Plains region (i, e., Comanches, Kiowas, Apaches of the Plains, Arapahoes and Cheyennes) were on the warpath. In October, 1865, the chiefs and head men of these tribes were induced to sign treaties at the peace coun- cil which was held at the mouth of the Little Arkansas River (Wichita, Kansas). Peace lasted through the follow- ing winter and spring. Then war broke out on the Plains again. Frontier forts and military posts which had been abandoned at the outbreak of the Civil War were reoccupied and many new ones were es- tablished and the war was vigorously pushed by the gov- ernment. In October, 1867, a great peace council was held in the valley of the IMedicine Lodge River, in Southern Kan- sas, at which new treaties were signed. By the terms of these treaties, the Indians of all of these tribes agreed to accept reservations in the western part of the Indian Territory. It was hoped that there would be no more Indian war in the country bordering on the Great Plains, but the next year many of the wild tribes were again off their reservations and on the warpath. A Winter Campaign. — Throughout the summer and fall of 1868, the troops stationed in Western Kansas, Eastern Colorado, Eastern New Mexico and Western Texas were kept in almost constant pursuit of bands of Indian warriors who were raiding settlements and attacking coaches and wagon trains on the overland trails. It was finally decided GEN. GEORGE A. CUSTER Peace Restored — The Plains Tribes at War 71 that a winter campaign should be undertaken. Gen. George A. Custer was placed in command of the troops in the field for this purpose. Organizing part of his expedition at Fort Dodge, Kansas, General Custer moved southward in November, 1868, to the North Canadian River, in the Indian Territory, where Camp Supply was established. A few days later, in command of his own regiment, (Seventh U. S. Cavalry) General Custer marched on south to the valley of the Washita, where he found and attacked the village of the Cheyenne chief. Black Kettle, November 27, 1868. This chief and most, of his warriors were killed and a large FORT SILL IN 1S71 number of prisoners were taken. The campaign was con- tinued throughout the winter and the following spring found most of the Indians staying on their reservations. Two new military posts were established as the result of this campaign, namely, Camp Supply and Fort Sill. Progress Toward Peace.— Several of the tribes of the Plains region showed a willingness to settle down on their reservations and remain at peace. These included the Arapahoes, Plains Apaches and one band of the Comanches (Peneteka). Most of the Cheyennes and Kiowas were sullen and dissatisfied and one band of the Comanches (Quahada) n History of Oklahoma refused to be bound by any treaty whatever and persisted in remaining off of the reservation and in raiding settlements and stealing horses in Texas. The Quaker Agents. About the time that the campaign on the Washita was in prog- ress, a committee representing the Society of Friends, called on Gen. U. S, Grant, who had recently been elected to the presidency, and asked him to consider the propriety of appointing religious men as Indian agents — agents who would as far as possible, secure upright, moral men as agency employees — in the certain belief that the effect THE QUAKER AGENTS on the Indians would be much better than that which commonly prevailed at the time. After listening to the deputation with great interest. General Grant replied: ''Gentlemen, your advice is good. Now give me the names of some Friends for Indian agents and I will appoint them. Let us have peace." Such ready acquiescence to the spirit of their petition from the victorious warrior was a real surprise to the peaceful followers of Fox. As the result of their recommendations. President Grant appointed ten Friends (or Quakers) as Indian agents in the spring of 1869. Among these were Lawrie Tatum, agent for the Comanches, Kiowas, and Apaches, Brinton Dar- lington, agent for the Cheyennes and Arapahoes, and Thomas Miller, agent for the Sac and Fox, Absentee Shawnees, Pottawatomies and Kickapoos. Quaker agents were also appointed for Wichitas, Caddoes and affiliated tribes, the Kansas (or Kaws) and the Osages in 1870-71-72. Peaciv Restorkd — Tiiic Plains Tribi-s at War 73 Thomas C. Battey, a Quaker school teacher, was employed in con- ducting a school at the Wichita Agency. Kicking Bird asked him to go to the camp of his band and conduct a school. Agent Tatum fa- vored the plan, and the Commission- er of Indian Affairs finally approved it. In December, 1872, he went out to the Kiowa camp to open a school for the children of Indians who were still living in a state of primitive savag- ery. He was supplied with a wagon and a long tent, which was used as a school room. With this equipment Battey accompanied the Kiowas in the frequent changes of their village locations during a period of over eighteen months. As an educational experiment it was not a pronounced success, but the presence of the kind- hearted and peaceful teacher among them had a splendid effect upon the restless and turbulent spirits of the THOMAS C. BATTEY Kiowas. He kept a daily journal of his observations and experiences among the Kiowas, much of the con- tents of which afterward appeared in his book, entitled "A Quaker Among the Indians." The First Railways in the Indian Territory. — June 6, 1870, the first railway to enter the Indian Territory (the Missouri, Kansas & Texas) began laying its track south- ward from the Kansas boundary in the valley of the Neosho RAIT.WAY STATION AND A. & P. LOCOMOTIVE AT VINITA, IN 1877 74 History of Oklahoma Eiver. During 1871 and 1872 its construction was pushed southward and southAvestAvard across the Cherokee, Creek > and Choctaw nations and thence across the Red River into ^^" Texas. The Atlantic & Pa- cific Railway built its line across the Shawnee and Wyandotte reservations, en- tering the Cherokee Nation, and effecting a junction with the Missouri, Kansas & Texas at Vinita, in 1872. A Race for a Right-of-Way. — Congress had passed an act (ap- proved July 25, 1866), granting a conditional right-of-way across the Indian Territory, from Kan- sas to Texas, to the railway com- pany which should be the iirst to M., K. & T. LOCOMOTIVE, 1872 complete its track to the state (First into Muskogee) boundary line in the valley of the Neosho. An exciting race be- tween the tracklayers of two rival companies took place during the early part of 1870, ending in a victory for the Missouri, Kansas & Texas. The Okmulgee Constitution. — The first of a series of yearly inter-tribal councils w^as held at Okmulgee, December 5-11, 1870. After much discussion the council voted to appoint a committee to draft a constitution for a confedera- ation of the tribes of the Indian Territory. This com- mittee, of which William P. Ross of the Cherokee Nation, was chairman, proceeded at once to perform the work as- signed to it. The constitution which was framed by the committee provided for a confederation of all of the tribes of Indians in the Territory to be republican in form. All tribes were to be represented in the council in proportion to their populations. This constitution was submitted to thie various tribes but was not ratified and adopted. Peace Council and War Party.— In May, 1871, while the representatives of more than a dozen tribes (including sev- eral of the civilized tribes) were helping the Government hold a peace council at Anadarko, a war party of Kiowas went on a raid into Texas where a government wagon train PiCACK RKST0K1;U Tllli i'LAlNS TrIBKS AT WaR ?5 was attacked and the wagon-master and six teamsters were killed. The leaders of this war party were Satanta and Satank. They were afterward arrested, to be sent to Texas for trial. Defeat of the Quahada Comanches. — In the fall of 1872, Col. Ranald S. McKenzie with a force of troops followed a raiding party to the Quahada Comanche camp, in the Texas Panhandle country, surprised and captured it with most of the women and children. Shortly afterward the Quahadas visited the Agency (at Fort Sill) for the first time. INTER-TRIBAL <«'l.\t H., OKMULGEE (Thirty Tribes Represented) First Coal Mines Opened.— The building of the first rail- way led to the opening of the first coal mines in the Indian Territory, at McAlester, shortly after the completion of the railway to that point, in 1872. Outlaw Activities in the Indian Territory. — The lawless element was never more numerous and active in the Indian country than it was during the ten years immediately fol- lowing the Civil AVar. Horse thieves, whiskey peddlers, gamblers and sharpers continually intruded upon the reser- vations, ever ready to prey upon the Indians. The white liunters killed thousands of buffalo for the mere wanton *' sport" of killing, despite the protests of the Indians and 76 History of Oklahoma the promises of the Government peace commissioners to the contrary. The raids of the white horse thieves and the wholesale slaughter of the buffalo angered the Indians to the point of hostility and was the cause of more than one outbreak. Thus, the innocent settlers on the frontiers of Kansas and Texas suffered on account of the misdeeds of outlaws and renegades in the Indian country. The lawless whites made the work of the Government tribal agents (most of whom were Quakers) doubly difficult. The Last General Outbreak. — A great many of the In- dians of Western Oklahoma were becoming restless for various reasons. The Cheyennes wanted to go on the war- path in 1873 but neither the Comanches nor the KioAvas could join them as they had to be on their good behavior until their captive friends were released. So the last general Indian war did not come until 1874. Even then, there were many Indians Avho refused to join in making war on the whites. Most of the Comanches were hostile but the greater part of the KioAvas, under the influence of Kicking Bird, refused to leave the reservation. Whirlwind, a leading Cheyenne chief, brought his people to the Agency (Darlington) and refused to take part in the war. None of the Arapahoes and none of the Plains Apaches left their reserva- tions. The war lasted not only WHIRLWIND through the summer and fall, but also all of the following winter. In the end, the hostile Indians were worn out and disheartened as they had never been before and the peace Avhich followed was a lasting one. It Avas the last great Indian AVar east of the Rocky ]\Iountains and south of the Dakotas. PivAcl: Rl:stoked — Tiil: Pj.mns Tribks at War 77 Summary. — Because of the thrilling events which trans- pired in Oklahoma and especially in the western portion, during the years between 1865 and 1875, and also because of the fame of some of the men who were connected with those events, that period of the history of Oklahoma will always have a most romantic interest to the people of the state. The annals of the five civilized tribes during the same period are less exciting, as might be expected of a people who were recovering from the shock and exhaustion of participation in the Civil War. SUGGESTIVE QUESTIONS Sixth Period. 1. Briefly review the treaties by which the five civilized tribes renewed their severed relations with the Federal government. What changes in the conditions formerly existing in the Territory were made possible by these treaties? What Indian tribes were removed from Kansas to the Territory after these treaties went into effect? 2. What was the Chisholm Trail? Why was it so named? 3. When was the Van Horn Bill introdnced into Congress? What was its purpose? 4. What great Indian peace council was held in the autumn of 1867? What tribes were represented? What was the result of the negotiations which were conducted there? 5. How long did the wild Indians remain at peace after the Medicine Lodge treaties? Tell about the military campaign in the winter of 1868-9. Where was the Battle of Washita fought? Who commanded the troops in that engagement? 6. When were the first railways built in the Indian Territory? When were the first coal mines opened? 7. What was the Okmulgee constitution? By whom was it formulated? How was it received and what were the results of the agitation? 8. What military posts were established in Oklahoma during this period? What posts were abandoned about the same time? 9. When did the last general Indian war occur in Oklahoma? How long did it last? Wliat tribes took part in it? 78 History of Oklahoma m (X s- W «H H ffi CJ m C w cS « W fe hJ a> << « H ^ F hJ o o t4 S o SEVENTH PERIOD (1875-1889) STRUGGLE FOR SETTLEMENT. The Extermination of the Buffalo. — The building of rail- ways westward from the Missouri River, across the Great Plains, to the Rocky Mountains, led to the rapid killing of the mighty herds of the American bison, or buffalo, which once grazed over the vast region. They were killed by BUFJ'ALO ON THE GREAT PLAINS 80 History of Oklahoma the thousand merely for their hides. Thousands were also shot down for the mere wanton "sport" of killing. The killing of the buffalo in such numbers was one of the prin- cipal causes of the last Indian wars on the Plains. AVhen the buffalo had all disappeared, the Indians could no longer roam at will over the Plains, for they had depended upon ^^^^^^^■^rr^-W^^ the buffalo for food, clothing and shelter. The disappear- ance of the buffalo made way for the flocks and herds and cultivated fields of the white settlers. The Range Cattle Industry. — When the buffalo herds had about disappeared and the Indians had settled down to a quiet life on their reservations, the cattlemen crossed different parts of the Indian Territory, slowly grazing their herds northward toward the railroads in Kansas. The rich native grasses upon which the buffalo had grazed, still grew abundantly. The cattlemen were not slow to note the Strugglic for Se:tixe;m^nt 81 opportunity for their line of business in such a prom- ising field. Soon cattle ranches began to appear, lands being leased on the Indian reservations at a few cents per acre. Lands not included in any Indian reservation were quietly occupied without waiting for permission. During the years between the close of the last general Indian out- break (1875), and the beginning of the agitation for the opening of Oklahoma to settlement, (1879), cattle ranges had been established in many parts of the western half of the Indian Territory. More Indians Removed to Oklahoma. — During the first four years of this period several additional tribes of In- dians were removed to the Indian Territory from other states or territories. Among these were the Pawnee and Ponea tribes, both of which were from Nebraska, the North- ern Cheyennes (from Wyoming), and the Nez Perce (na-par-sa) from Oregon. The last two mentioned tribes were brought to the Territory after having surrendered as prisoners of war. In September, 1878, a band of 300 North- ern Cheyennes, nnder the leadership of a chief named Dull Knife, left the Cheyenne reservation in Western Oklahoma and went northward on the warpath. Several ranchmen were killed by them in NorthAvestern Oklahoma. Proposed Organization of the Indian Territory. — In January, 1879, Senator Stephen W. Dorsey, of Arkansas, introduced a bill into Congress, the purpose of which was to organize the Indian Territory. The five civilized tribes entered a vigorous protest against the passage of the meas- ure. It did not become a law. The Unassigned Lands. — That part of the lands ceded to the United States by the Creek and Seminole nations (by treaties of 1866) which was bounded on the north by the Cherokee Strip, on the east by the Indian Meridian, on the south by the South Canadian River, and on the west by the Cheyenne and Arapaho reservation, was never as- 82 History of Oklahoma signed to any Indian reservation. This tract, which em- braced portions of Payne, Logan, Oklahoma, Cleveland, Canadian and Kingfisher counties, was the one on which all the intruding colonies of ''boomers" proposed to locate in the various invasions which occurred between 1879 and 1885. Attempted Settlement of Oklahoma. — In April, 1879, it was announced that railway attorneys had discovered that there were 14,000,000 acres of land in the Indian Territory that belonged to the Government and that these lands were subject to homestead entry. This announcement caused a great deal of excitement. Companies of men were formed in Kansas, Missouri and Texas for the purpose of settling on the unoccupied lands in the Indian Territory. When the first colony of settlers arrived in the Indian Territory early in May, they av e r e promptly removed by United States troops. Captain Payne Becomes the Leader. — The proposed settlement of the Oklahoma Country, as the unassigned lands of the Indian Territory had come to be called, contin- ued to interest many people during the latter part of 1879 and the early part of 1880. Capt. David L. Payne had become the recognized loader of the movement to settle the Oklahoma Country. During the next five years, Payne led at least eight different -attempts to settle colonies in Oklahoma. He was often arrested but never tried. He appealed to the courts and once went to "Washington where he appealed to the Secre- tary of the Interior. Though he Avas repeatedly driven DAVID L. PAYNE Struggle: ii s „ c ?; r.'D > x2o.oa.^s: t/j a^ ^ 3 2 10 9 6 7 6 s V 3 Z / / :i 3 4^ ^ 6 7 8 9 /^ 7 2 *3 O V 5 6 7 6 ? L_ /O D EAST B 5 OU TH Thus the township marked is Township 4 South, Range 6 West. This means that it is a township 18 miles south of the base line and 30 miles west of the principal merid- ian. The township marked X is Township 5 North, Range 6 East. Each township is divided into thirty-six parts called sections; each section contains one square mile, or 640 acres. Each section is divided into four parts of 160 acres each, called quarter sections. Sections are numbered from one to thirty-six as indicated in the plan on the following page. Explanation of Plan. — The quarter section marked in plan is the north-east quarter of section thirteen. The one-fourth of a quarter section, or forty acres, marked X 26 GOVKRNAIKNT IN OkI^AHOMA. MORT H WEST 6 e 1 ^ 3 2 I 7 e ; 9 10 11 12 18 r 7 16 15 H ,?° i J IS -^ 0- 2i 22 23 2^ 30 Z 9 28 27 26 25 3/ 3 2 33 3^ 3J 36 EAST SOUTH in plan, is the south-east quarter of the north-west quarter of section twenty. "Municipal Townships. — Municipal townships are units of local governiiient. The chief powers of a town- ship are vested in a township board consisting of three members (trustee, clerk and treasurer). The trustee is chairman of the township board; the clerk keeps the records of the district, and the treasurer controls the township funds. These men seldom meet more than four times during the year, and as a rule only *Coiinties may, by popular vote, abolish township g-overnment. Local Government. 27 for a short session. A justice of the peace has jurisdictiou, coextensive with the county, in examining and committing felony cases, and in civil action where the amount involved does not exceed $200.00. The justice of the peace never has jurisdiction in cases of libel or slander. The office of constable in the township is similar to that of sheriff in the county. He serves writs, and enforces the decisrons of the justice of the peace. Counties are divided into six or more justice of the peace districts. A justice of the peace and a constable are elected for each district. The township is subdivided into road districts. For each road district a road overseer is elected. This officer has the care of public roads. SUGGESTIVE QUESTIONS How many munieipal townships in your county? Name them. What is the average size of these town- ships? State the difference between a municipal township and a congressional township. How may township govern- ment be abolished? Give the township, range and section numbers of tlie quarter section on which your home is located. Of the forty acres on which the school-house is located. Name the officials of a municipal township and state the chief duties of each. 28 Government in Okeahoma. CHAPTER V. Towns and Cities. There are no villages recognized in Oklahoma govern- ment. Densely populated communities are incorporated as towns and cities; those of fewer than two thousand inhabitants are called tOAvns, and those of two thousand or more than two thousand inhabitants, when properly organ- ized, are called cities of the first class. Towns. — No special population is required for the incorporation of towns. After the first preliminary steps in organization, the town is recognized by the county com- missioners to be a legal municipality. The town is divided into at least three, but not more than seven, districts or wards, ilach district elects one trustee, and these trustees elect one of their own number as president. The president of the board of trustees thus becomes the chief executive of the town. The board of trustees constitutes the town's legislative assembly. The other principal officers of the town are clerk, treasurer, marshal, and justice of the peace. Elections are lield on the first Tuesday in April of each year. The powders of the initiative and the referendum are reserved to the people of each town. Cities. — A center of population containing two thou- sand or more inhabitants, Avhen properly organized, is declared by the governor to be a city. Cities are divided into at least four wards for gov- ernmental purposes. These wards serve as election pre- cincts and as the basis of representation in the city council. Each ward is entitled to two councilmen, each elected for Local Government. 29 a term of two years, one councilman from each Avard at each annual election. The city council has power to change the boundaries of wards. The Mayor. — The chief executive officer of a city is called the mayor. The mayor has power to suspend other city officials for incompetency or neglect of duty, until such time as the council may take action thereon ; to appoint commissioners of park, water, sewers and light, city physician, police (except chief of police), and such other officers as are needed. He is the presiding officer of the city council and exercises the right of veto over its enactments. He is vested with the judicial authority to decide all cases of petty offenses against the peace and dignity of the municipality. With the consent of the council, he may grant reprieves and pardons for offenses against city ordinances. His salary, which is fixed by ordinance, is generally small, and in many cities through- out the state no compensation whatever is provided. City Clerk. — The city clerk keeps the records of the proceedings of the council and of all moneys disbursed from the city funds. He must sign all orders to pay money out of the city treasury. He also collects dog taxes, occu- pation taxes, and other special taxes created by ordinance. City Treasurer. — All funds belonging to the munici- pality are under the control of the treasurer. General taxes are collected by the county treasurer and paid over to the city treasurer, through whose office they are dis- bursed. City Attorney. — The city attorney, in regard to the legality of acts in the discharge of their official duties, is the legal adviser of all city officials. It is his duty to bring action in courts in the name of the city Avhen neces- sary; to defend all lawsuits against the city, and to ])rose- cute offenders tried in the police court. 30 Govkrnme:nt in Oklahoma. City Marshal. — The city marshal is usually called chief of police. He has general oversight of the peace of the city, and he is subject to the orders of the mayor only. Street Commissioner. — The street commissioner has charge of the sidewalks and streets of the city. He has general supervision of all thoroughfares within the city limits and attends to all repairs and improvements thereon. City Council. — The chief legislative authority of a city is vested in its council. In case of a tie the mayor has a right to vote. The city council has power to levy taxes, audit ac- counts against the city, impose license taxes, erect public buildings, and direct or control public utilities. The pub- lic utilities most commonly under the control of the city are water, light and electric plants, street railways, pub- lic parks, drains and sewers. A city may, however, engage in any business or enterprise which may be engaged in by a private person, firm or corporation. Justice of the Peace. — In cities of more than twenty- five hundred inhabitants, two justices of the peace are elected. Justices of the peace, however, are elected at the county elections instead of at the city elections. Their jurisdiction is coextensive tvith the county boundaries instead of with the city boundaries. Cities of less than twenty-five hundred population elect one justice of the peace. In larger cities, additional justices of the peace may be elected. Constable. — One constable is elected for each justice of the peace chosen. His duties, in the main, are to enforce the orders of the justice court and to preserve the peace of the district. Initiative and Referendum. — Through the initiative, the voters of a city have power to enact or enforce the enactment of ordinances. By the referendum the voters 10— O. H. Local Government. 31 have power to reject ordinances passed by the council. Petitions for initiative or referendum in cities must con- tain the signatures of twenty-five per cent, of the total number of voters in the city. Commission Form of Government. — The form of gov- ernment already described is called the aldermanic form of government. Cities containing two thousand or more inhabitants may adopt the commission form of govern- ment as follows: First, a committee of frpeholders (men who own real estate) is elected to draw up a charter for the city; second, this charter is submitted to a vote of the people ; third, after adoption by a majority vote of the people, the charter is submitted to the governor for his approval; and fourth, after the governor approves the charter one copy is filed with the secretary of state, one with the register of deeds of the county in which ,'he city is located, and another in the archives of the eJty. Commission government abolishes all ward r<^presen- tation and substitutes a commission or committee of men (usually three or five in number) to direct the affairs of the city. The members of this commission are paid regular salaries and devote their entire time to the city's interests. Many cities in Oklahoma have adopted (1913) the commission form of government. Under this form of government the commissioners are elected, but all subordinates are appointed by the heads of departments. The number of officers to be elected (commissioners, etc.) and the departments of city government to be established depend of course upon the provisions of the adopted charter. Amendmems to a city charter are usually offered by a petition signed by twenty-five per cent, of the voters 32 GoVKRNMIvNT IN OKLAHOMA. and confirmed by a majority vote. However, the methods of proposing and adopting amendments vary in different cities. SUGGESTIVE QUESTIONS How many wards in a town? Name the principal officers of a town. When are annual town elections held 1 How many wards in a city of the first class? What are the duties of the mayor? City clerk? City treasurer? City attorney? City marshal? Street com- missioner ? How many couneilmen elected from each ward? Name the chief powers of the city council. What are the duties of the justice of the peace? Con- stable? How and for what purposes may the initiative and referendum be used m cities? What is meant by commission form of government? Under the commission form of government what offi- cers are elected? What officers are appointed? Under commission form of government, liow are city charters usually amended? LocAi, Government. 33 CHAPTER VI. Counties States are divided into counties* for convenience in local government. Counties in the same state are usually about the same size, but vary greatly in different states both as to area and population. Oklahoma has 77 counties, and the state has a popu- lation (1910) of 1,657,155. The area is 70,470 square miles. In other words, the land area of an average county in Oklahoma is a little less than a thousand square miles. The population of an average Oklahoma county is approxi- mately twenty thousand. These counties, except Harmon and Cotton counties which w^ere organized later, are designated and described in Article XVII of the state constitution. The city in which the county officials have their offices js called the county seat. The principal officers of the county in Oklahoma are county judge, sheriff, attorney, county clerk, treasurer, (register of deeds), surveyor, assessor, superintendent of public instruction, weigher, board of commissioners (three members), and clerk of the district court. County Judge. — The judge of the county court must be a qualified voter, a resident of the county, and a li- censed lawyer. He is provided with a clerk whom he appoints. This court has original jurisdiction (cases brought to his court if he by law has original jurisdiction) in all probate matters and concurrent jurisdiction with the district court in civil cases in any amount not exceed- *Counties exist in every state except Louisiana, where districts and parishes prevail. 34 Government in Oki^ahoma. ing one thousand dollars, exclusive of interest. The county judge also holds juvenile court. The county court has no jurisdiction in cases of action for alimony or di- vorce, slander or libel, or against any officer for miscon- duct in office. Sheriff. — The sheriff is purely an executive officer. His duties are to arrest criminals, have charge of juries, witnesses and prisoners, and to attend court and serve writs of county, district, and justice courts. Attorney. — The county attorney is the legal adviser of all county officials, and represents the county in all lawsuits to which the county is a party. He prosecutes criminal cases (in the name of the state) which arise within his county. Clerk. — The county clerk must attend sessions of the board of county commissioners; keep the seal, records and papers of the board ; sign and attest their records of proceedings and their orders. He is bookkeeper for the county, and* draws county warrants on the county treas- urer for all money paid by the county. After January 1, 1915, the county clerk wdll also perform the duties of register of deeds. Treasurer. — The county treasurer collects all taxes, receives all money due the county, and pays out money for the county when properly authorized to do so. Register of Deeds. — The register of deeds keeps a record of all deeds, mortgages, leases, and in fact of everything that in any way pertains to real estate titles or chattel mortgages. He also records charters of cities, etc. This office will be abolished January 1, 1915. Surveyor. — The duties of the county surveyor are to survey public improvements, such as plans for roads; also townsites, etc., within his county. Local Government. 35 He receives only a small salarj^ from the county. As his full time is not required by the county his other remuneration comes from private employment. Assessor. — The assessor makes or supervises all assess- ments of property in the county and receives a salary depending upon the total assessed valuation of the county. Superintendent of Public Instruction. — The county superintendent has general supervision of all public school instruction in his county except in city or independent school districts. He visits the schools of his county and supervises them; apportions school funds; has charge of county teachers' institutes; and keeps all the necessary records of the schools of the county. He decides disputes as to boundary lines of districts; is a member of the county excise board, and general adviser of school boards and teachers. Weigher. — This office was created by the legislature in order to standardize weights and protect the farmers from possible fraud in selling cotton, grain, etc. The compensation of the county weigher is from fees. Board of Commissioners. — There are three county commissioners constituting the board which has super- vision of roads, bridges, buildings, and other county property. All bills against the county must be allowed by the board of commissioners before being audited by the county clerk or paid by the county treasurer. A county commissioner is elected from each of the three commis- sioners' districts. Clerk of the District Court. — The clerk of the dis- trict court is elected by the voters of the county. It is his duty to keep all records of the district court within 36 Government in Oklahoma. his county; to serve under the district judge during each term of district court held in his county; and, when the court is not in session, to make such records as are re- quired by law^. County Excise Board. — The county excise board is composed of the county clerk, county treasurer, county judge, county school superintendent, and county attorney. This board meets at the county seat on the last Sat- urday in July of each year for the purpose of examining the estimates of expenses of the county and of each city, incorporated town, township and school district in the county. The excise board has power to revise and correct any estimates where the amount is in excess of just and reasonable need. Levies made by this board are certified to the county assessor who extends them upon the tax rolls. County Health Officer. — The state commissioner of health appoints a physician in each county to inspect cases of contagious and infectious diseases and establish quarantines when necessary. Eleemosynary Institutions. — In Oklahoma each county provides a county farm as a home for the poor and de- pendent, or in lieu thereof gives financial assistance. Assistance is issued by the county commissioners, for the care of such persons as are, by reason of age, infirmity, or misfortune, unable to earn a living. Compensation. — All elective county officers, unless otherwise specified in the text, have fixed salaries. Pro- visions w^ere at first, in most cases, made for fees, but the salary schedule was established for reasons of economy. Term of Ofificers. — County officials are elected for a term of two years. Local Guvi;rnme:nt. 37 vSUGGESTIX'K QUESTIONS How many counties in Oklahoma? Give the average area and population of counties in Oklahoma. What is the area and population of the county in which you live? What is the county seat of your county? Name the county officials in your county and give the chief duties of each. IIow does your county care for the poor? AVhen does the county clerk assume the duties of the county register of deeds? For how long a term are county officers elected? PART THKEE STATE GOVERNMENT CHAPTER VII. Oklalwina Constitution Constitutional Convention. — The delegates to the state constitutional convention, elected under the pro- visions of the Enabling Act (an Act of the national con- gress by which two territories, Indian Territory and Okla- homa Territory were permitted to form one state), met at Guthrie November 20, 1906. The convention, though not in session continuously, did not finally adjourn until July 16, 1907. Great Length of the Constitution. — Because of the peculiar relations of the two territories united in single statehood, much material which otherwise would not have been provided Avas inserted, making this constitution one of the longest documents of its kind ever submitted. However, the very nature of the document itself called for many particulars and therefore included much detail. These features, of course, have made it a document of great length. Contents of the Oklahoma Constitution. — The con- stitution of Oklahoma consists of twenty-four articles, a "Schedule," a prohibitory provision (submitted as a sepa- rate issue), and a resolution accepting the Enabling Act. Some of these articles are necessarily complete in detail and therefore are of great length. This is especially true 40 GOVKKNMENT IN OKLAHOMA. of the article on corporations and the one on prohibi- tion. The several articles in their order are as follows : L— Federal relations; II.— Bill of rights; III.— Suf- frage; IV. — Distribution of powers; V. — Legislative de- partment; VI. — Executive department; VII. — Judicial department; VIII.- -Impeachment and removal from of- fice; IX. — Corporations; X. — Revenue and taxation; XI, — State and school lands; XII. — Homesteads and ex- emptions; XIII. — Education; XIV. — Banks and banking; XV. — Oath of office; XVI. — Public roads, highways, and internal improvements; XVII. — Counties; XVIII. — Mu- nicipal corporations; XIX. — Insurance; XX. — Manufac- ture and commerce; XXI. — Public institutions; XXII. — Alien and corporate ownership of lands; XXIII. — Miscel- laneous ; XXIV. — Constitutional amendments. Federal Relations. — The constitution provides that Oklahoma is an inseparable part of the federal state and recognizes the constitution of the United States as the supreme law. Religious Toleration.— As to the toleration of relig- ious sentiments, the constitution says: "Perfect tolera- tion of religious sentiment shall be secured, and no inhabi- tant of the state shall ever be molested in person or prop- erty on account of his or her mode of religious worship ; and no religious test shall be required for the exercise of civil or political rights." This provision insures religious liberty to every one. Public Schools. — The constitution provides that a system of free public schools, open to all children of the state and free from all sectarian control, shall be organized and maintained. It also contemplates the establishment and maintenance of separate schools for white and col- ored children. Indian children are recognized as white children, and children of African descent are termed colored. _ Statk Guve:rnmi;NT. 41 Prohibition in Indian Territory and Indian Reserva- tions. — Provisons of the constitution (made necessary by the federal relations with Indian tribes relative to the sale of intoxicating drinks) prohibit the introduction and sale of liquor in Indian Territory, Osage Nation, or any Indian Reservation for twenty-one years from the admis- sion of Oklahoma into the Union (1907): The Bill of Rights. — Article II of the constitution is known as the Oklahoma bill of rights and is more com- plete in detail than such constitutional provisions usually are. Most of the provisions in the bill of rights are those usually found in state constitutions, but a fcAv are charac- teristic of Oklahoma only. (This bill of rights is pub- lished in full in chapter XVII.) Writ of Habeas Corpus. — A writ of habeas corpus is an order from a court to compel the authorities who have imprisoned any person to appear in court and prove that the prisoner is rightfully held. If it does not appear that the person is rightfully deprived of liberty he must be released. Section 19 of Article II, relating to writ of habeas corpus, is a distinctive departure from the ordinary law. It provides that ''the privilege of the writ of habeas corpus shall never be suspended by the authorities of this state." The usual provision is that such suspension shall not be made in time of peace. Fellow-servant Law. — The common laAv doctrine of fellow-servants, in so far as it affects the master's lia- bility for injuries of his servant resulting from the acts or omissions of any other servant or servants of the com- mon master, is abrogated by the constitution of Okla- homa. In this state any employee has a right to recover from his employer for any damages resulting from acts or omissions of a fellow servant. 42 Government in Oklahoma. Corporations. — Corporations are prohibited from in- fluencing elections or official duty by contributing money or other valuables, and are compelled to submit differences with employees, in reference to labor, to arbitration as provided by law. SUGGESTIVE QUESTIONS When and where did the constitutional convention meet? Why is the Oklahoma constitution so lengthy a docu- ment? What is the relation of Oklahoma to the national government ? What is religious toleration? What provisions are made in the state constitution for public schools? What is prohibition? How long must it be enforced in that part of the state which formerly comprised Indian Territory? What possible wrong is a writ of habeas corpus in- tended to rectify? What is a bill of rights? What is the fellow-servant law of Oklahoma? State; Gove:rnme:nt. 43 CHAPTER VIII. Executive Department The executive power of the state is vested in a gover- nor, lieutenant-governor, secretary of state, state auditor, attorney-general, state treasurer, superintendent of pub- lic instruction, state examiner and inspector, chief mine inspector, commissioner of labor, commissioner of charities and corrections, commissioner of insurance, and other officers provided by law. These officers are each elected for a term of four years. Executive Officers. — No person shall be eligible to the office of governor, lieutenant-governor, secretary of state, state auditor, attorney-general, state treasurer, superin- tendent of public instruction, or state examiner and in- spector, except a male citizen of the United States, of the age of not less than thirty years, and who shall have been, three years next preceding his election, a qualified elector of this state. Neither the governor, secretary of state, state audi- tor, or state treasurer is eligible to immediately succeed himself in office. Governor. — The governor is, of course, the supreme executive officer, but since other state executive oft'icers are also elected and not appointed as in the national government, his authority over them is quite limited. The governor is commander-in-chief of the militia (except when in the service of the United States) and he may call out the militia to execute the laws, protect the public health, suppress insurrection, and repel invasion. The governor has power to convoke the legislature, or the senate only, in special session; to grant pardons; to veto acts of the legislature ; to commission all officers not otherwise commissioned by law; and to adjourn the legis- 44 Govkrnme;nt in Oklahoma. lature when the two branches thereof cannot agree as to the time of adjournment. Lieutenant-Governor. — The lieutenant-governor holds the right of succession in office to the governor and is the presiding officer of the senate. Secretary of State. — The secretary of state keeps a register of the official acts of the governor, issues arti- cles of incorporation under proper regulations to com- panies and firms organized under the law, receives in- itiative petitions, and is custodian of the state seal. The state seal of the state of Oklahoma is described as follows: "In the center shall be a five-pointed star, with one ray directed upward. The center of the star shall contain the central device of the seal of the Territory of Oklahoma, including the Avords, 'Labor Omnia Vincit. '* The upper left hand ray shall contain the symbol of the ancient seal of the Chero- kee Nation, namely: A seven-pointed star partially sur- rounded by a wreath of oak leaves. The ray directed upward shall contain the symbol of the ancient seal of the Chickasaw Nation, namely : An Indian warrior stand- ing upright with bow and shield. The lower left hand ray shall contain the symbol of the ancient seal of the Creek Nation, namely: A sheaf of Avheat and a plow. The upper right hand ray shall contain the symbol of the ancient seal of the Choctaw Nation, namely: A toma- hawk, bow, and three crossed arrows. The lower right hand ray shall contain the symbol of the ancient seal of the Seminole Nation, namel}^: A village with houses and a factory beside a lake upon which an Indian is paddling a canoe. Surrounding the central star and grouped be- tween its rays shall be forty-five small stars, divided into *Labor conquers all things. State: Govi^rnment. 45 five clusters of nine stars each, representing the forty-five states of the Union, to which the forty-sixth is now added. In a circular band surrounding the whole device shall be inscribed, 'GREAT SEAL OF THE STATE OF OKLAHOMA. 1907.' " Examiner and Inspector. — The state examiner and inspector examines the books and accounts of state and county officers, and publishes his reports. He also prescribes a uniform sj^stem of bookkeeping for all treasurers whose books are sub- ject to his inspection. Commissioner of Labor. — The commissioner of labor is ex-officio chairman of the board of arbitration and conciliation in the labor department. He is, in a general w^ay, in control of the whole department of labor. Insurance Commissioner. — The insurance commis- sioner must be well versed in insurance matters. He has charge of the enforcement of insurance laws, especially as to authorizing insurance companies to transact business within the state. Auditor. — The state auditor examines and adjusts all accounts and claims against the state. No money can be expended for state accounts except on warrants drawn by the auditor. The state auditor in Oklahoma is also one of the school land commissioners. Attorney-General. — The attorney-general is the estate's legal adviser. This duty is performed by rendering opinions on questions of law^ submitted to him by state officials. His duties also include the prosecution of cer- tain criminal acts. He represents the state in all lawsuits where the state is a party. 46 Government in Oklahoma. State Superintendent. — The state superintendent of public instruction is ex officio chairman of the state board of education, has general supervision of educa- tional matters, and is the adviser in matters pedagogical and legal of county and city superintendents. In legal questions he has a right to the assistance of the attorney- general. He is also a member of the school land com- mission. Treasurer. — The state treasurer receives all state money, receipcs for the same, and pays it out upon war- rants issued by the state auditor. Commissioner of Charities and Corrections. — The commissioner of charities and corrections has power to investigate public institutions of charities and corrections, but the legislature has power to add to the duties of the office. Eligibility is not restricted by sex, but the officer must be twenty-five years of age and possess the essential qualifications of other executive officers. . Chief Mine Inspector. — No person who has not had at least eight years experience as a practical miner is eligible to the office of chief mine inspector. He has charge of all district mine inspectors and a general over- sight of all mining interests as to the enforcement of laws to safeguard human life. Corporation Commissioners. — There are three cor- poration commissioners elected, each for a term of six years. This commission is clothed with the authority of a court. The commission is given the right to inspect the books of any railroad company or any other public- service corporation, at such time as the commission deems necessary, and to examine under oath any officer, agent, or employee of such corporation. It is the duty of the corporation commissioners to regnlate all transportation and transmission companies doing business in the state. 11—0. II. State Government. 47 Decisions of the corporation commission prescribing rates, etc., may be appealed to the supreme court. Commissioners of the Land Office. — The commission- ers of the land office — governor, secretary of state, state auditor, superintendent of public instruction, and president of the board of agriculture — have charge of the sale, rental, disposal and managing of the school lands and other lands of the state, and of the funds and pro- ceeds derived therefrom under rules and regulations pre- scribed by the legislature. Board of Agriculture. — The state board of agricul- ture has jurisdiction over all matters affecting animal industries and animal quarantine regulations, and also acts as a board of regents for all agricultural and mechani- cal colleges. Board of Education. — The state board of education is composed of the state superintendent, who is ex officio chairman, and six other members appointed by the governor, by and with the advice and consent of the senate, for six years. Two members of the board are appointed each biennium. The law (senate bill 132 of 1911) also requires that at least "two of them shall be practical school men who shall have had at least four years work, two years of which shall have been in the state of Oklahoma." The board members do not receive regular salaries, but their actual expenses and six dollars per day for each day in actual service of the state constitutes their remuneration. They are the board of regents of all state educational institutions, except the agricultural and mechanical college and the branch agricultural schools. They also serve as a state text-book commission, prescribe courses of study and rules for the issuance of teachers' certificates, and in a general way administer the educa- tional affairs of the state. 48 Government in Oklahoma. Board of Affairs. — The state board of public affairs has charge of all expenditures and purchases made by the state, and of all construction, repair, maintenance and insurance of all public buildings. This board consists of three members appointed by the governor. Banking Board. — A state banking board, appointive, has power to regulate and control state banks, and loan, trust, and guaranty companies. A law also prescribes the manner in which state banks may be operated and provides that the state bank- ing board shall collect a guaranty fund from state banks. This fund shall be used to guarantee all the deposits held in state banks. The legal rate of interest is six per cent and the con- tract rate is ten per cent. A penalty is provided (for- feiture of twice the amount of interest) for collecting usurious interest. State Game and Fish Warden. — The laws of Okla- homa protect all game and fish in the state from unrea- sonable destruction by providing regulations by Avhich those seeking to catch fish or kill game must be gov- erned. To supervise the enforcement of these laws, the governor appoints a state game and fish warden. The state game and fish warden is authorized to issue, to anj^ citizen of the state over fourteen years of age, an annual license to hunt or fish. For issuing a hunting license, a fee of one dollar and twenty-five cents is charged. All salaries and expenses of the ofi'ice of the game warden are paid from funds derived from such fees. Other Appointive State Officers. — The governor ap- points a state fire marshal to investigate incendiary fires, etc. ; a state commissioner of health to investigate violations of pure food and drug laws and in a general way to seek to improve health conditions in the state; a State: Government. 49 state highway commissioner to encourage the building and improvement of public roads; and an adjutant-gen- eral through whom the affairs of the state militia are administered. SUGGESTIVE QUESTIONS Name the chief executive officers of the state. What are the chief powers and duties of the governor? Lieu- tenant-governor? Secretary of state? Examiner and in- spector? Commissioner of labor? Insurance commissioner? Auditor? Attorney-general? State superintendent? Treasurer? Commissioner of charities and corrections? Chief mine inspector? Describe the state seal. How many corporation commissioners are there? For how long a term are they elected? What are the chief powers and duties of these commissioners? What state officials also serve as commissioners of the land office? What are the powers and duties of the state board of agriculture ? What are the chief powers and duties of the state board of education? What are the duties of the state board of public affairs? State game and fish warden? State banking board? What is the legal rate of interest? Contract rate? Penalty for usury? What are the duties of the state fire marshal? Com- missioner of health? IlighAvay commissioner? Adjutant- general? 50 Government in Okeahoma. CHAPTER IX. Legislative Department Initiative. — The constitutiou vests the legislativ.^ authority of the state in a legislature consisting of a senate and house of representatives, but the voters also have legislative powers reserved to themselves in pro- visions for the initiative and referendum. That is, the people may, by a petition of eight per cent of the legal voters of the state, initiate and cause a bill to be voted upon, and if a majority of the total vote is aifirmative the bill is declared a law. Referendum. — The referendum upon any measure passed by the legislature may be called for by a petition of five per cent of the legal voters. This must be done not more than ninety days after the final adjournment of the legislature. The petitions for the initiative and referendum are filed with the secretary of state, but ad- dressed to the governor. Any measure rejected by the people, through the powers of the initiative and referen- dum, cannot be again submitted through the initiative and referendum within three years thereafter by less than twenty-five per cent of the legal voters. It requires fifteen per cent of the legal voters to initiate an amend- ment to the state constitution. The Senate. — A senator must be at least twenty-five years of age, must be an elector of his respective district, and must reside therein during his term of office. The state is divided into thirty-three districts, and there are in all forty- four senators. The lieutenant-governor is ex officio president of the senate, but the senators may elect one of their own members president pro tempore State Govern me:nt. 51 and he presides over the deliberations of the senate in the absence of the lieutenant-governor. The senate has some executive powers, chief of v^hich is that of passing upon certain appointments made by the governor. House of Representatives.— The house of represen- tatives consists of ninety-nine members. This number may be increased as the population of counties increases. A representative must be twenty-one years of age at the time of his election, must be a qualified elector of his respective district, and must reside therein during his term of office. The house elects one of its own mem- bers as speaker. Regular sessions are held biennially, at the seat of government, beginning on the first Tuesday after the first Monday in January in the next year suc- ceeding their election. The legislature has power to change date of meeting. There are many limitations upon the power of the legislature to pass local or special laws. Bills for raising revenue must originate in the house, but the senate may propose amendments thereto. Emergency legislation is not subject to the referendum, but other laws than those to which an emergency clause is attached are in full force and effect only after ninety days have elapsed from the date of the adjournment of the legislature. Amendments to the State Constitution.— The state constitution of Oklahoma may be amended by a majority of all the votes cast at an election called to adopt or reject such amendment. Amendments may be proposed by an initiated petition or by a two-thirds vote of the state legislature. The governor, upon receipt of an initiated petition, may call an election to vote upon amendments to the constitution. The question of calling a convention to revise the constitution must be submitted to the electorate every twenty years. 52 GOVKRNMKNT IN OKLAHOMA. SUGGESTR'E QUESTIONS What is the initiative? What per cent of the legal voters is necessary on a petition to initiate a law? What per cent to initiate an amendment to the constitution? What is the referendum? What per cent of the vot- ers is necessary on a petition to invoke the referendum against an act of the legislature? What are the qualifications of a state senator? Who presides over the senate? What executive power has the senate? How many members compose the house of represen- tatives? AVho presides over the house? When are regu- lar sessions of the legislature held? What is emergency legislation? How may the state constitution be amended? How often must the question of amendments to the constitu- tion be submitted? Stati- Govi;rnml-:nt. 53 CHAPTER X. Judicial Dcpartiiioit Power Vested. — The judicial power of this state is vested in the senate sitting as a court of impeachment, a supreme court, district courts, criminal court of appeals, supreme court commissioners, county courts, courts of justices of the peace, municipal courts, and such other courts, commissions or boards, inferior to the supreme court, as may be established by law. Impeachment.— A trial for misconduct in office is termed impeachment. The Oklahoma constitution pro- vides that elective state officers and supreme judges are subject to impeachment, and that all other elective officers not liable to impeachment are subject to removal from office by due process of law. When impeachment pro- ceedings are held, the senate sits as a court of impeach- ment and at such times each senator is under special oath. Supreme Court.— The supreme court consists of five justices, one from each of five supreme court judicial dis- tricts, elected at large for a term of six years. Each jus- tice of the supreme court must be a citizen of the United States ; resident of the state two years, and the supreme court judicial district from which he is elected, one year; thirty years of age ; and a licensed lawyer or a judge of a court of record. This court has original jurisdiction and control over all inferior courts and all commissions and boards created by law; and appellate jurisdiction, co-extensive with the state, in all civil cases at law and in equity. Supreme Court Clerk.— The clerk of the supit^me court is an elective officer. The duties of the clerk are 54 Government in Okeaiioma. to keep the records of the supreme court aud of the crimi- nal court of appeals. Criminal Court of Appeals. — The criminal court of appeals is composed of three justices, elective, and has appellate jurisdiction, co-extensive with the state, in all criminal cases coming from county, superior, or district courts. Term of office six years. District Court. — The district court is of vast im- portance because of its great authority and direct con- tact with the people. This court has original jurisdiction in all cases civil or criminal, except when exclusive juris- diction is, by the constitution or by law, conferred on some other court. It has extensive appellate jurisdiction also. A district judge must be an experienced qualified law- yer and a resident of the state. (County courts, courts of justices of the peace, superior courts and municipal courts have been discussed in previous chapters.) SUGGESTIVE QUESTIONS How is the judicial power of the state vested? Name the various courts. How may elective state officers and judges of the supreme court be removed from oft'ice? How many judges constitute the supreme court? What are their qualifications? Tenure of office? AVhat original jurisdiction has the supreme court? Appellate jurisdiction? What are the duties of the clerk of the supreme court? Of how many judges is the criminal court of appeals composed? What jurisdiction has this court? What is the term of office for judges of the criminal court of appeals? Why is the district court of so much importance's What original jurisdiction has this court? Appellate juris- diction? Stath Govi^rnmknt. 55 CHAPTER XI. Revenue and Taxation Assessments. — Assessments are made by a county assessor, and the property must be assessed at a fair casli value. Property is assessed to the person who owned it on the first day of March. In June, beginning on the first Monday, the county equalization is made by the county board, and later the state equalization board passes upon all property assessments. Tax Limits. — Except as provided for schools and public buildings, the total tax that may be levied on an ad valorem basis for all purposes — state, county, town- ship, city or town, and school district taxes — shall not exceed, in any one year, thirty-one and one-half mills on the dollar. Additional levy for schools may be made as follows: state levy, not more than three and one-half mills; county levy, not more than eight mills; township levy, not more than five mills ; city or town levy, not more than ten mills; sc"hool district levy, not more than five mills (or an additional ten mill increase for schools by a majority vote). Valuations of property are finally adjusted by the state board of equalization, which consists of the gover- nor, state auditor, state treasurer, secretary of state, at- torney-general, inspector and examiner, and president of the board of agriculture. Provisions are also made for the enactment of laws prescribing levy of license, franchise, gross revenue, excise, income, collateral and direct inheritance, legacy, succession, and other specific taxes. 56 Govern me:nt in Oklahoma. The limit of public indebtedness is fixed at an aggre- gate of four hundred thousand dollars, which may be increased to repel invasion. SUGGEvSTIVE QUESTIONS By whom is property assessed? To whom is prop- erty assessed? What boards review assessments? What is the tax limit? What additional levies may be made? What officers are members of the state board of equalization ? What taxes, other than ad valorem taxes, may be levied? What is the limit of public indebtedness? State Government. 57 CHAPTER XII. Suffrage and Blcct'wns Public Officials. — Public officials are either elected to office by the voters or appointed to off'ice by some offi- cial who has been elected. In the earlier periods of our national life, all officials, except the chief executive and members of the legislature, were appointed. This is still the rule in national government, but not in state govern- ments. In Oklahoma (except in cities which have adopted the commission form of government) the chief officials, executive, judicial, and legislative, are elected. Suffrage. — Political rights are extended to women in some states. In Oklahoma, except in school district elec- tions, the right of franchise is extended to men only. A citizen must be at least twenty-one years of age, and must have resided in the state one year, county six months, and precinct thirty days, before the right of franchise may be exercised. Persons adjudged guilty of felony, or persons who are kept at public expense, are not entitled to vote or to hold office. Registration. — The laws of Oklahoma require voters in cities of the first class to register. This precaution is taken to insure that only those who are entitled to vote will be permitted to do so. In rural or town precincts the judges of the precincts are usually personally ac- quainted with the individual voters and registration is hardly essential. Mandatory Primary Elections. — In the general elec- tion the voter may vote for any person, but previously all 58 Govi:rnm^ni in Oklahoma. but one candidate in each political party for each office have been eliminated by a primary election. The constitution of Oklahoma provided that a man- datory primary law should be enacted and that whenever the ''Federal constitution may permit, the election of United States senator shall be by direct vote." A manda- tory primary law is now in force in this state, and United States senators hereafter will be elected by direct vote. Elections. — Elections for state officials are held every four 3^ears, — 1914, 1918, etc.; for county officials, every two years, — 1913, 1915, etc. State Election Board. — The state election board con- sists of three members. Two members are appointed by the governor. The third member is ex officio secretary of the board. He is the secretary of the state senate. Not more than two of these board members shall be of the same political party. The duties of the board are as follows : to canvass the election returns for the state ; to appoint and supervise county election boards; and to supervise the elections. County Election Boards. — Three members, appointed by the state election board, constitute the county^ elec- tion board. This board canvasses county returns; super- vises all matters appertaining to county elections; and appoints precinct election board members. Precinct Election Boards. — Three members, appointed bj'- the county election board, constitute the precinct elec- tion board, and this board has powers and duties in the precinct election similar to the powers and duties of other election boards in their respective units. The Ballot. — With each of the ballots is printed a "stub," which has blanks for the voter's name, post office, street number, etc. This information is retained by the election officials to be used as a means of verifica- State: Govi:rnme:nt. 59 tion in case of contests. As the voters are previously reg- istered, this "stub" becomes of vast importance in contest proceedings. SUGGESTIVE QUESTIONS In the national government what officials are elected? In Oklahoma government what officials are elected? Who may vote in Oklahoma elections? Who may not vote in Oklahoma elections? Why is registration required of voters in city pre- cincts ? How are candidates nominated? How often are general elections held for electing state officials? County officials? Describe the duties of the state election ])oard; county; precinct. #^-**, -« o ^^^*^ "^ ^ ^^^^-^^ m Oh -^ mm^ J o «i : J -< ■•'+■ ■ o H ' 1 < PART FOUR NATIONAL GOVERNAIENT CHAPTER XIII Constitution of the United States tTnited Efforts of Colonies.— Each of the English col- onies of America had a separate government, but all the colonies had some common interests. As the differences with the mother country became more grave the common interests of the colonies became more apparent. Continental Congress. — The acts of the British gov- ernment, Stamp Act, etc., finally brought about a united effort of resistance on the part of the colonies. In 1774 the first continental congress was held by the colonies. In this congress all but one of the colonies w^ere repre- sented. In the following year, 1775, all the thirteen col- onies were represented in the second continental con- gress. It was this congress that organized the continental army, appointed George Washington as commander-in- chief, and adopted the Declaration of Independence. Articles of Confederation. — After the Revolutionary War the colonies became states. As each adopted a writ- ten constitution, the Articles of Confederation were adopted as a fundamental body of laws for the nation. Ratification of the Articles of Confederation by aU states was not secured until 1781. It was soon found that the Articles of Confederation were not sufficient for the (?enernl government. Ilnder the Articles of Confedera- tion, the general governnuMit had not sufficient power 62 Government in Oklahoma. to act for the common welfare of all the states. There was no way of enforcing the orders of the general gov- ernment in raising revenue or providing an army even for defense. Since the general government could not raise adequate revenue, the public debts could not be paid and the credit of the nation was injured. Several unsuccessful attempts were made to amend these defects of the Articles of Confederation. Constitutional Convention. — When further attempts to amend the Articles of Confederation were deemed useless, and w^hen it was clearly imperative that the gen- eral government must have more power, a constitutional convention was called. This convention met at Philadelphia, May 25, 1787. The state of Rhode Island took no part in this conven- tion, but each of the other tAvelve of the thirteen original states sent delegates. The convention, as finally constituted, consisted of fifty-five delegates. Among these delegates were some of the most illustrious names in our history. Washington was made president of the convention. Hamilton and ]\Iadison were most active in debates, but the venerable Franklin and all the other patriots Avorked faithfully for building up sound principles of government. Daily ses- sions Avere held until September 17, when the engrossed copy of the constitution was signed and the convention adjourned. Ratification of the Constitution. — In framing the Constitution many compromises were made, but serious objections still remained in many states so that it Avas a long time before all the states had ratified. Only the ratification of nine of the thirteen states Avas required and the ninth state ratified the Constitution in June, 1788. From that date the Constitution of the United States has been the supreme laAv of the land. Because the poAvers 12—0. H. National Govkrnment. G3 are divided between the national government and the state governments, our government is called a federal government. Provisions of the Constitution of the United States. — The Constitution of the United States provides : Art. I, For the legislative department of government; Art. IT, Executive department; Art. Ill, Judicial department; Art. IV, Interrelations of states; Art. V, Amendments; Art, VI and Art. VII, Miscellaneous matters. The first ten amendments Avere adopted immediately after ratification as a bill of rights ; the eleventh amend- ment, which prevents a person from suing a state, was adopted in 1798; the twelfth amendment (regulating the election of president) was adopted in 1804; the thirteenth, fourteenth, and fifteenth amendments were adopted after the Civil War, 1865-1870, to abolish slavery and grant i)er- sonal and political rights to ex-slaves. An amendment providing for the election of United States senators by direct vote was ratified by the re- quired number of states in 1913. SUGGESTIVE QUESTIONS Why did the English colonies unite? What were the most important acts of the second continental congress? When did the Constitution of the United States be- come binding? What were the defects of the Articles of Confedera- tion? When and where was the constitutional convention held? Name some prominent delegates to the constitutional convention. 64 Government in Oklahoma. State the nature of each of the general divisions of the Constitution of the United States. Discuss the several amendments to the Constitution of the United States. National Government. 65 CHAPTER XIV. Bxccntk'e Department The President. — The chief executive is the president, elected, not by direct vote, but by presidential electors who are elected by direct vote. His term of office is four years. His salary is $75,000.00 per year, and he is fur- nished an official residence in the White House. No one who has been naturalized in order to become a citizen may be elected president. To be elected president, one must have resided in the United States fourteen years. The president and vice-president are the only na- tional officials elected by the nation at large. All other important officials are appointed by the president. The president has the power of removal over any officials ap- pointed by him except the judges. The president has power to grant reprieves, com- mutations, and pardons for offenses committed against the United States. He may exercise the right of veto of acts of Congress. He nominates and with the advice and consent of the senate appoints ambassadors, ministers, consuls, and other officials who reside in foreign countries in order to attend to matters affecting the United States or its citizens. The regulations governing representation in foreign countries are fixed by treaties. The president is commander-in-chief of the army and navy, including the state militia when it is called into the service of the United States. Congress deter- mines the size of the army and navy, and provides for their organization and government. Congress also has the power to declare war. The president, however, con- trols the movements of the entire army and navy. 66 GOVKRNMICNT IN OkIvAHOMA. Civil Service. — There are so many appointive posi- tions in the service of the national government that it is impossible for the president or any other single individ- ual to judge rightly of every applicant, hence laws to regulate the examination and appointment of persons to positions in public service have been passed by Congress. These are called civil service laws. In 1910, there were 381,088 officials and employees in the civil service. Of these, over nine thousand were appointed by the president, and more than two hundred thousand were subject to civil service examinations. The government since 1883 has been gradually extending the civil service law to all parts of the public service. The Cabinet. — The national executive departments established at first were state, treasury, war, and jus- tice. The following departments have since been estab- lished : navy, post-office, interior, agriculture, com- merce, and labor. The heads of these departments con- stitute the cabinet of the president. It is the duty of the officers of this cabinet to advise with the president as to governmental policies whenever requested to do so. Regular and special cabinet meetings are held. The members of this cabinet are appointed by the president and confirmed by the senate. The heads of departments are called secretaries, ex- cept in the cases of post-office and justice, where they are called postmaster-general and attorney-general re- spectively. Departments are usually subdivided into bureaus or offices, and these into divisions. The head of a bureau is called a commissioner, and the head of a division is called a chief. The department of state keeps a record of the acts of the president, the official documents of Congress, and National Government. 67 tall treaties. The most important bureaus in this depart- ment are the diplomatic and consular bureaus. In the department of the interior the bureau of edu- cation is of great importance. The bureau of child wel- fare is also of vital importance. This bureau was estab- lished in 1912. It has to do with all matters that may work for the betterment of child life, such as compulsory school attendance, child labor laws, and medical inspec- tion of schools. Those living in rural communities come into direct contact with the department of agriculture through the bureaus of animal industry, w^eather bureau, and experi- ment stations. People in cities come into more direct contact with the department of commerce and labor through the bur- eaus of standards, immigration and naturalization, navi- gation and light house service. All of us come in contact with the post-office depart- ment. Unclassified. — The inter-state commerce commission, civil service commission, government printing office, Smithsonian Institution, and the library of Congress, are all of special value to the citizens, but they are outside of any established department. The Vice-President. — The vice-president is the pre- siding officer of the senate, but he has little else in the way of public service to perform. If the president dies, resigns, or for any reason is un- able to perform the duties of his office, the vice-president becomes acting president. There have been five cases of presidential succession, and in each case the vice-presi- dent became president. In case of a vacancy both in the presidency and vi(;e- presidency, the appointive executive officers beginning with secretary of state would succeed to the presidency. 68 Government in Oklahoma. SUGGESTIVE QUESTIONS How is the president of the United States elected? AVhat is his salary? Term of office? Who succeeds in case of a vacancy in the office of president? In case of a vacancy both in presidency and vice-presidency ? Explain the president's powers. Civil service laws. Enumerate the executive departments of the national government. Who compose the president's cabinet? Describe the military powers of the president. What are bureaus? Divisions? Commissions? With what departments, bureaus, or commissions do people of this school district have dealings? National Govi-rnmknt. G9 CHAPTER XV. L eg isla t k 'c Department The legislative department of the national govern- ment consists of the senate and house of representatives. This branch of government is called Congress. Congress meets in regular sessions every year at Washington, D. C, on the first Monday in December. Special sessions may be called by the president. House of Representatives. — Members of the house of representatives are apportioned to the several states ac- cording to population. The ratio now (1910-1920) is one representative for every 212,407 population. This ratio is fixed by congress once every ten years. Representative districts in each state are fixed by the state legislature thereof. The representatives in congress are elected by direct vote of the citizens. Oklahoma at present (1914) has eight representatives. The house of representatives elects one of its own members as speaker, or presiding officer. The Senate.— The states are represented in Congress by senators— two from each state. Senators hereafter will be elected by direct vote of the people. This plan of indirect election of senators has not been satisfactory, and a strong demand was made for a change in the na- tional Constitution so that senators might be elected by direct vote of the citizens. This amendment was rati- fied in 1913 and hereafter United States senators will be elected by direct vote. The term of office of a senator is six years. 70 Government in Oklahoma How Laws are Passed in Congress. — Acts of Congress are passed much as acts of the state legislature are passed : that is, the proposed measure, after receiving a majority of votes in the house in which it originated, is sent to the other house; and if a majority of that house vote for it the measure is then sent to the chief executive ; and if he approves it by signing it the enactment be- comes law. If, however, the chief executive vetoes the measure, i. e., refuses to sign it, the bill, together with his objections, is returned to the house in which it orig- inated. If, then, two-thirds of each house vote for the bill, it becomes a law. This is called ''passing a law over the president's veto." Committees. — In both houses of Congress certain committees have charge of all bills. When a committee recommends a bill for passage, it has a great advantage. On the other hand, many bills are "killed" in the com- mittees, i. e., the committee in charge fails to report or to allow the measure to come up for consideration. Powers of Congress. — The principal powers of Con- gress are enumerated in the Constitution; that is, they are set forth in detail. They may be discussed under the following groupings: Revenue and Expenditure, Mili- tary and Naval Affairs, Commerce, Money, Postal Sys- tem and Miscellaneous. Revenue and Expenditure. — Congress may levy any kind of taxes except export duties, that is, taxes on goods which are sent to foreign countries. However, since the smaller units of government, state, county, etc., employ the direct tax as a means of raising revenue, the national government does not, in general, use this means of tax- ing. Also, the Constitution of the United States (article I, section 9, paragraph 4) requires that, in collecting revenue. Congress shall apportion it among the several National Government. 71 states according to population, and not according to the value of the property taxed. For the two reasons above stated, the taxes levied by the national government are customs duties and internal revenue taxes. The Constitu- tion (article I, section 8, paragraph 1) provides that these duties and taxes shall be uniform throughout the several states. Congress can, of course, levy different rates on different articles, but the rate on any given article must be the same in all of the several states. Customs Duties are also known as imposts, or taxes on imports, and are levied on goods that are brought into the United States from foreign countries. These tax rates may be specific, that is, without re- gard to value ; as three cents per pair on gloves. Or they may be ad valorem, that is, according to value ; as, 20 per centum on the value of jewelry. In some instances, these rates are made high so that foreign goods, after the im- port duty has been paid, cannot be sold for so low a price as the same goods produced in this country. Such a tax or rate is called a protective tariff; that is, it is meant to protect home industries. Internal Revenue Taxes are called excises. They are usually levied on things manufactured or offered for sale in the United States. The sources of this revenue are intoxicating liquors, tobacco, oleomargarine and many other articles. Income taxes are also classed as internal revenue taxes. The receipts from taxation and all other sources are paid into the national treasury. The chief depository is at Washington, D. C, but sub-treasuries have been estab- lished at other cities. No money can be paid out of the treasury, except in accordance with congressional appro- priations. 72 GoVIvRNMENT IN OkIvAHOMA. The following table shows the national receipts and expenditures for the fiscal year ending June 30, 1910 : REVENUE Customs Duties $333,683,445 Internal Revenue Taxes 289,933,510 Postal System 224,128,658 Public Debt 31,674,292 Miscellaneous 51,894,751 Total $931,314,665 EXPENDITURES Postal System $234,246,565 Pensions 160,696,416 War Department 158,172,957 Navy Department 123,974,208 Other Executive Departments 184,531,272 Congress 13,616,496 Judicial Department 8,596,135 Panama Canal 33,911,673 Public Debt 33,049,696 Total $950,795,418 The Army. — Congress has full power to regulate the size of the army, and the national policy has always been to have a small standing army. Since we have acquired the Philippine Islands, Porto Rico, and Hawaii, the size of the standing army has been increased. In 1898 the army included only about 25,000 men, but in 1910 there were more than 70,000 men enlisted in the army. The Navy.— The navy of the United States now (1914) includes more than three dozen battleships and about 160 other fighting vessels. In 1910, there were about 10,000 men in the regular navy. National Govern mknt. 73 Commerce. — Many commercial transactions arise be- tween residents of different states. This is called inter- state comnieree. Railroads, pipe lines, etc., operate through several states, and Congress is given power to regulate all such transactions. In other instances, transactions arise between citizens of the United States and citizens of other countries. This is called foreign commerce, and is also regulated by Congress. Congress has passed laws regulating trusts and corporations, pure food laws, laws for the inspection of meats, etc., in order to regulate in- terstate commerce. Standards of zveights and measures are also set by Congress. Money. ^Money, as the standard of value and medium of exchange, is of great commercial importance. There are two kinds of money — coins and paper money. Coins are either gold, silver, nickel, or copper. Con- gress regulates the value of each kind of money to be place in circulation, and provides heavy penalties for counterfeiting. There are five kinds of paper money in the United States, — gold certificates, silver certificates, treasury notes, United States notes and national bank notes. Gold and silver coins are not convenient to carry in large amounts, hence the law permits any one to deposit coins in the United States treasury and receive in exchange certificates for the same amouiit. Between 1890 and 1893 the government purchased a large amount of sil- ver and paid for it by issuing treasury notes. Only a small per cent of these notes remain in circulation. During the Civil war the government issued United States notes, called ''greenbacks," each of which was a promise to pay a certain amount. Tliese notes were made legal tender; that is, persons were obliged to ac- cept them in payment of debts. They represent a part 74 Government in Oklahoma. of the national debt, but do not bear interest. Congress gives national banks the right to issue paper money called bank notes. These notes are promises of the bank to pay the amounts named. People are willing to ac- cept them, as they are guaranteed by United States bonds which are deposited by the bank with officials of the treasury. The total amount of money in the United States on June 30, 1910, was $3,419,591,483,* of which the sum of $317,235,878 was in the treasury of the United States and the remainder in circulation. The following table shows the amount of each kind of money in the United States : Gold Coin $833,289,279 Silver Coin 241,167,018 Gold Certificates 802,754,199 Silver Certificates 478,597,238 United States Notes 346,681,016 Treasury Notes 3,672,000 National Bank Notes 713,430,733 Total $3,419,591,483 National Territories. — Our nation has acquired ter- ritory by various means. As this territory is not a part of any state, Congress has full power to govern it or provide laws for its government. The original territory belonging to the United States, that is, the contiguous territory, was divided into terri- tories to be governed until they became states. Pro- visional governments were provided for them. Since the Constitution was adopted, 35 territories have been admitted as states. New Mexico and Arizona, admitted in 1912, were the last continental territories admitted to statehood. *Does not inchule nickel and copper coins. National Govkrnmf.nt. 75 The District of Cohimbia is of course a continental territory, but it was set apart as a scat of national gov- ernment, not to be erected into a sovereign state. Reservations. — Congress has full power to regulate and control Indian reservations. All forest reserves, mili- tary reservations, etc. are governed according to the regu- lations provided by Congress. Implied Powers. — Congress was granted certain pow- ers or rights, and other rights were reserved to the states respectively, but the Constitution (article 1, section 8, paragraph 18) also gives Congress power to make such regulations as are necessary to carry its expressed powers into execution. SUGGEvSTIVE QUESTIONS Of what does Congress consist? When are where are the sessions of Congress held? How are representatives apportioned? How chosen? What is the present ratio? How many representatives has Oklahoma? How are representative districts fixed? How is the speaker of the house chosen? How many senators from each state? How are senators chosen? For what term? How are laws passed in Congress? Explain the committee plan. What kinds of taxes are levied by Congress? Does it levy direct taxes? What are customs duties? How are they collected? What is meant by a protective tariff? What are internal revenue taxes? Name the most important taxes of this class. How are national expenditures authorized? What are the chief items of expenditure? What are the chief sources of revenue? 76 Government in Oklahoma. What has been the national policy regarding the size of the army? Give the organized strength of the naval forces. What kind of commerce is regulated by Congress? Name the two kinds of money; the different kinds of coined money; the different kinds of paper money. Ex- plain what is meant by "legal tender." Are national bank notes legal tender? Why are people willing to accept snch notes? ITow is the District of Columbia governed? What is meant by implied powers of Congress? National Govii:RNMKNT. 77 CHAPTER XVI. Judicial Department The Supreme Court. — The supreme court of the United States is the highest court in our nation. It con- sists of a chief justice and eight associate justices. This court holds its principal session at the national Capitol. The justices in all national courts are appointed by the president and confirmed by the senate. The term of office is during good behavior. The chief justice receives an annual salary of $15,000.00, and each associate justice $14,500.00. The supreme court appoints its own clerk and mar- shal. The Circuit Courts of Appeals. — In order to relieve the supreme court of a part of the burden of appealed cases from the district courts. Congress, in 1891, estab- lished the circuit courts of appeals. For this judicial purpose the whole country is divided into nine circuits or districts, and a circuit court of appeals is established for each district. One justice of the supreme court and two or more circuit judges are assigned to each circuit. Appeals, as a rule, come from the district courts to the circuit courts of appeals. District Courts. — The national court of lowest rank is called a district court. There are almost one hun- dred districts now (1914) established. Each district has several divisions and court is held in each division. Special Courts. — The national government cannot be sued in the regular courts, but an individual may get adjustment of liis rights against tlie nation in tlie court of claims. 78 GovERNMKNT IN Oklahoma. Questions arising as to the administration of the tariff laws are adjusted in the court of customs appeals. Court of Impeachment. — The president, judges of the supreme court, and all civil officers of the United States may be removed from office on account of treason, brib- ery, or other high crimes and misdemeanors. In all such cases, the house of representatives makes the impeach- ment charges, and the senate acts as a court and tries the accused. SUGGESTIVE QUESTIONS Explain the organization of the supreme court. How are judges of national courts chosen? For what term? When and for what purpose were the circuit courts of appeals established? How many circuits are there? What judges are provided for each circuit? AVhat are the national courts of lowest rank called? Explain the special courts. Court of impeachment. 13—0. 11. National Gove:rnme;nt. 79 APPENDIX A. CONSTITUTION OP THE UNITED STATES We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and Plouse of Representatives. Section 2. l.The House of Representatives shall be composed of members chosen every second year by the people of the several States, and electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. 2 No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3 Representatives and direct taxes shall be appor- tioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.* The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subse- * The last half of the sentence was superseded by the 13tli and 14th Amendments. 80 Govern me;nt in Oklahoma. quent term of ten years, in such manner as they shall by law direct. The number of representatives shall not ex- ceed one for every thirty thousand, but each State shall have at least one representative ; and until such enumera- tion shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Is- land and Providence Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Dela- ware one, Maryland six, Virginia ten, North Carolina five, South Carolina fi^'e, and Georgia three. 4: AYhen vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5 The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. Section 3. 1 The Senate of the United States shall be composed of two senators from each State, chosen ])y the legislature thereof for six years; and each senator shall have one vote. 2 Immediately after they shall be assembled in con- sequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expira- tion of the second year, of the second class at the expira- tion of the fourth year, and of the third class at the expira- tion of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resigna- tion, or otherwise, during the recess of the legislature of any State, the executive thereof ma}^ make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3 No person shall be a senator who shall not have at- lainod to the age of thirty year's, and been nine years a Appendix. 81 citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4 The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5 The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States. 6 The Senate shall have the sole power to try all im- peachments. "When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside : and no person shall be convicted without the concurrence of two thirds of the members present. 7 Judgment in cases of impeachment shall not ex- tend further than to removal from office, and disqualifi- cation to hold and enjoy any oft'ice of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Section 4. 1 The times, places and manner of holding elections for senators and representatives, shall be pre- scribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators. 2 The Congress shall assemble at least once in every year, and such meeting shall be on the first ]\Ioiiday in December, unless they shall by law appoint a different day. Section 5. 1 Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business- but a smaller number may adjourn fi'oni day to 82 Gove:rnme:nt in Oklahoma. day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. 2 Each house may determine the rules of its proceed- ings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. 3 Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any ques- tion shall, at the desire of one fifth of those present, be entered on the journal. 4 Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section 6. 1 The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their at- tendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. 2 No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States shall be a member of either house during his continuance in office. Section 7. 1 All bills for raising revenue shall origi- nate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. Appendix. 83 2 Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, Avho shall enter the objections at large on their journal, and proceed to reconsider it. If after such recon- sideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by tAvo thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sun- days excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3 Every order, resolution, or vote to which the con- currence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. Section 8. 1 The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States ; 8J: Govkrnmi:nt in Oklahoma. 2 To borrow money on the credit of the United States ; 3 To regulate commerce Avith foreign nations, and among the several States, and Avith the Indian tribes; 4 To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies through- out the United States; 5 To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and meas- ures ; 6 To provide for the punishment of counterfeiting the securities and current coin of the United States; 7 To establish post oifices and post roads; 8 To promote the progress of science and useful arts by securing for limited times to authors and inven- tors the exclusive right to their respective writings and discoveries ; 9 To constitute tribunals inferior to the Supreme Court ; 10 To define and punish piracies and felonies com- mitted on the high seas, and offenses against the laAV of nations- 11 To declare war, grant letters of marque and re- prisal, and make rules concerning captures on land and water ; 12 To raise and support armies, but no appropria- tion of money to that use shall be for a longer term than two years; 13 To provide and maintain a navy; 14 To make rules for the government and regula- tion of the land and naval forces; 15 To provide for calling forth the militia to exe- cute the laws of the Union, suppress insurrections and repel invasions; 16 To provide for organizing, arming, and discip- lining the militia, and for governing such part of them Appendix. ^^ as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the govern- ment of the United States,* and to exercise like authority over all places purchased by the consent of the legisla- ture of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings ; and 18 To make all laws which shall be necessary and proper for carrying into execution the foregoing^ pow- ers, and all other powers vested by this Constitution in the' government of the United States, or in any depart- ment or officer thereof. Section 9. 1 The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.** 2 The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3 No bill of attainder or ex post facto law shall be passed. 4 No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein- before directed to be taken. *The District of Columbia, which comes under these regula- tions, had not then been erected. a f i v **A temporary clause, no longer in force. See also Article v, p. 93. 86 Government in Oklahoma. 5 No tax or duty shall be laid on articles exported from any State. 6 No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another : nor shall vessels bound to, or from, one State be obliged to enter, clear, or pay duties in another. 7 No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expen- ditures of all public money shall be published from time to time. 8 No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Con- gress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State. Section 10.* 1 No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law im- pairing the obligation of contracts, or grant any title of nobility. 2 No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its in- spection laws: and the net produce of all duties and im- posts laid by any State on imports or exports, shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. * See also the 10th, 13th, 14th, and 15th Amendments, pp. 97, 99, 100, 101. Appendix. 87 3 No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II Section 1. 1 The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, to- gether with the Vice President, chosen for the same term, be elected, as follows: 2 Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the Congress : but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. [The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with them- selves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Repre- sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest num- ber of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who "have such majority, and have an equal number of votes, then the House of Repre- 88 Government km Oklahoma. sentatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the repre- sentation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice Presi- dent. But if there should remain two or more w^ho have equal votes, the Senate shall choose from them by ballot the Vice President.]* 3 The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. 4 No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of Presi- dent ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 5 In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law pro- vide for the case of removal, death, resignation, or in- ability, both of the President and Vice President, declar- ing w^hat officer shall then act as President, and such * This paragraph superseded by the 12 amendment. (See p. 97.) AppiCNDix. ^^ officer shall- act accordingly, until the disability be re- moved, or a President shall be elected. 6 The President shall, at stated times, receive for his services a compensation, which shall neither be in- creased nor diminished during the period for which he shall have been elected, and he shall not receive withm that period any other emolument from the United States, . or any of them. 7 Before he enter on the execution of his office, he shall take the following oath or affirmation:—"! do sol- emnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." Section 2. 1 The President shall be commander m chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal oft'icer m each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 2 He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur; and he shall nomi- nate, and by and with the advice and consent of the Sen- ate shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other offi- cers of the United States, whose appointments are not herein otherwise provided for, and which shall be estab- lished by law: but the Congress may by law vest the ap- pointment of such inferior officers as they think proper, in the President alone, in the courts of law, or m the heads of departments. 90 Gove:rnme:nt in Oklahoma. 3 The President shall have power to fill up all vacan- cies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. . Section 3. He shall from time to time give to the Congress information of the state of the Union, and recom- mend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section 4. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compen- sation which shall not be diminished during their con- tinuance in office. Section 2. 1 The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; — to all cases affecting ambassadors, other public ministers and consuls; — to all cases of admiralty and maritime jurisdiction ; — to contro- Appendix. 91 versies to which the United States shall be a party; — to controversies between two or more States; — between a State and citizens of another State ;*— between citizens of different States ;— between citizens of the same State claiming lands under grants of different States, and be- tween a State, or the citizens thereof, and foreign States, citizens or subjects. 2 In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regula- tions as the Congress shall make. 3 The trial of all crimes, except in cases of impeach- ment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been com- mitted; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. Section 3. 1 Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No per- son shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2 The Congress shall have power to declare the pun- ishment of treason, but no attainder of treason shall Avork corruption of blood, or forfeiture except during the life of the person attained. ARTICLE IV Section 1. Full faith and credit shall be given in each State to the public acts, records, and judicial pro- *See the 11th Ameiulmeut, p. 97. 92 Government in Oklahoma. ceedings of every other State. And the Congress may by general laws prescribe the manner in Avhich such acts, records and proceedings shall be proved, and the effect thereof. Section 2. 1 The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2 A person charged in any State with treason, fel- ony, or other crime, who shall tlee from justice, and be found in another State, shall on demand of the execu- tive authority of the State from which he fled, be deliv- ered up to be removed to the State having, jurisdiction of the crime. 3 No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be dis- charged from such service or labor, but shall be deliv- ered up on claim of the party to whom such service or labor may be due. Section 3. 1 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress. 2 The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section 4. The United States shall guarantee to every State in this Union a repul)lican form of govern- ment, and shall i)rotect each of them against invasion; Appendix. 93 and on application of the legislature, or of the executive (when the legislature cannot be convened) against do- mestic violence. ARTICLE V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legisla- tures of two thirds of the several States, shall call a con- vention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratifica- tion may be proposed by the Congress ; Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI 1 All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under tliis Constitu- tion, as under the Confederation. 2 This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound therel)y, anything in the Constitution or laws of any State to the contrary notwithstanding. 3 The senators and representatives before men- tioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United 94 Governme:nt in Oklahoma. States, and of the several States, shall be bound by oath or affirmation to support this Constitution; but no relig- ious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitu- tion between the States so ratifying the same. Done in Convention by the unanimous consent of the States present the seventh day of September in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness w^hereof we have hereunto subscribed our names, Go: WA'iHINGTON — Presidt. and Deputy from Virginia N'czv HampsJiire John Langdon Nicholas Oilman MassacJuisctts Nathaniel Gorham Rufus King Connecticut Wm. Saml. Johnson Roger Sherman Delaivare Geo : Read Gunning Bedford Jun John Dickinson Richard Bassett Jaco: Broom Maryland James McHenry Dan of St. Thos Jenifer Danl. Carroll New York Alexander Hamilton Virginia John Blair — James Madison Jr. 14—0. H. Appendix. Nczv Jersey Wil: Livingston David Brearley Wm. Paterson Jona : Dayton Peiinsyk'auia B. Franklin Thomas Mifflin Robt. Morris Geo. Clymer Thos. Fitzsimons Jared Ingersoll James Wilson Gouv Morris NortJi Carolina Wm. Blount Richd. Dobbs Spaight IIu Williamson South Carolina J. Rutledge, Charles Cotesworth Pinckney Charles Pinckney Pierce Butler. Georgia William Few Abr Baldwin Attest William Jackson Secretary. Articles in addition to, and amendment of, the Constitution of the United States of America, proposed by Con- gress, and ratified by the legislatures of the several States pursuant to the fifth article of the original Constitution. ARTICLE P Congress shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assem})le, and to peti- tion the government for a redress of grievances. ARTICLE II A well regulated militia, being necessary to the se- curity of a free State, the right of the people to keep and bear arms, shall not be infringed. * The first ten Aniendinents were adopted in 1791, 96 Govi;rnment in Oklahoma. ARTICLE III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by laAV. . ARTICLE IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or af- firmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or in- dictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in an^^ criminal case to be a witness against himself, nor be de- prived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoj' the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previ- ously ascertained by law, and to be informed of the na- ture and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the as- sistance of counsel for his defense. Appendix. 97 ARTICLE VII In suits at common law, wliere the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. ARTICLE VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments in- flicted. ARTICLE IX The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others re- tained by the people. ARTICLE X. The powers not delegated to the United States hy the Constitution, nor prohibited by it to the States, are re- served to the States respectively, or to the people. ARTICLE XI* The judicial power of the United States shall not be construed to extend to any suit in law or equity, com- menced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. ARTICLE XII** The electors shall meet in their respective States,, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inha])itnnt of llie same * Adopted in ]798. **Adopted iu 1804. 98 Govi:rnme:nt in Oklahoma. State with themselves; they shall name in their ballots the person voted for as President, and in distinct bal- lots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate ; — The president of the Senate shall, in the presence of the Senate and House of Repre- sentatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President shall be the President, if such num- ber be a majority of the whole number of electors ap- pointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a ciuorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President Avhenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disa- bility of the President. The person having the greatest number of votes as Vice President shall be the Vice Presi- dent, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President ; a quorum for the pur- pose shall consist of two thirds of the whole number of ArrKNDix. y*) senators, and a majority of tho whole num1)er shall be necessary to a choice. But no person constitutionally in- eligible to the office of President shall be eligible to that of Vice President of the United States. ARTICLE XIII* Section 1. Neither slavery nor involuntary servi- tude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV** Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State Avherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any per- son of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But Avhen the right to vote at any election for the choice of electors for Presi- dent and Vice President of the United States, representa- tives in Congress, the executive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, *Adopte(l in ]8G5. **A(lopted in 1868. 100 Governme:nt in Oklahoma. or ill any way abridged, except for participation in re- bellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one j^ears of age in such State. Section 3. No person shall be a senator or representa- tive in Congress, or elector of President and Vice Presi- dentj or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to sup- port the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Con- gress may by a vote of two thirds of each house, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts in- curred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be ques- tioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred* in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to en- force, by appropriate legislation, the provisions of this article. ARTICLE XV* Section 1. The right of citizens of the United States to vote shall not be denied or abridged 'by the United * Adopted in 1870. ArriCNDix. 101 States or by any State on account ol* race, coloi-, or pi-cvi- oiis condition of servitude. Section 2. Tlie Conjj^ress shall have power to en- force this article by appropriate legislation. ARTICLE XVP The Congress shall have power to lay and collect taxes on incomes; from whatever source derived, without ap- portionment among the several states, and without regard to any census enumeration. ARTICLE XVIP* The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State legislature. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies : Provided, That the legislature of any State may empower the execu- tive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any senator chosen before it be- comes valid as part of the Constitution. * The sixteenth ainendinent was proposed l)y Con}j;ress on July 12, 1909. On February 25, ]913, Secretary of State Knox certified that it had become a part of the Constitution. **The seventeenth aniendinent was proposed liy Confjress May 13, 1912. On May ;n, 191. "i, Secretary of State Bryan certified that it had been ratified by two-thirds of all the states and was therefore a part of the Constitution. 102 Gove;rnmb:nt in Oklahoma. APPENDIX B. RIGHTS OF INDIVIDUALS There are certain rights which the group secures to each loyal individual. In the family the parents protect the children in their rights ; in the school the teacher sees to it that the rights of each pupil are respected. In "the state and in the nation certain rights are considered of such importance that they are defined in the funda- mental law — the Constitution. These rights were not included in the national Constitution but added as the first ten amendments (see Appendix A.) immediately after the Constitution was ratified by the states. In Oklahoma the most important rights of individu- als are defined in Article II of the constitution. OKLAHOMA BILL OF RIGHTS (Article II, Oklahoma constitution) Section 1. — All "Political Power Inherent in People. — All political power is inherent in the people; and gov- ernment is instituted for their protection, security, and benefit, and to promote their general welfare; and they have the right to alter or reform the same whenever the public good may require it : Provided, such change be not repugnant to the Constitution of the United States. Sec. 2. — Right to Life, Liberty, etc. — All persons have the inherent right to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry. Sec. 3. — Right of People to Peaceably Assemble. — The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, ad- dress, or remonstrance. Appi^ndix. .io;5 Sec. 4.— Restriction of Civil and Military Power.— No poAver, civil or military, shall ever interfere to pre- vent the free exercise of the right of suifrage by those entitled to such right. Sec. 5.— Public Money; Cannot Be Appropriated for Any Church, etc.— No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian in- stitution as such. Sec 6.— Courts of Justice Open; Speedy Remedy.— The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or repu- tation ; and right and justice shall be administered with- out sale, denial, delay, or prejudice. Sec. 7.— Due Process of Law.— No person shall be de- prived of life, liberty, or property, without due process of law. Sec. 8.— All Offenses Bailable Except Capital.— All persons shall be bailable by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great. Sec. 9.— Excessive Bail.— Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. Sec. 10.— Writ of Habeas Corpus.— The privilege of the writ of habeas corpus shall never be suspended by the authorities of this state. Sec. 11.— Officers; Personal Attention to Duties.— Every person elected or appointed to any office or em- ployment of trust or profit under the laws of the state. 104 Govern MKNT in Oklahoma. or under any ordinance of any municipality thereof, sliali give personal attention to the duties of the office to which he is elected or appointed. Sec. 12. — Restriction on Right to Hold Office. — No member, of congress from this state, or p^irson holding any office of trust or profit under the laws of any other state, or of the United States, shall hold any office of trust or profit under the laws of this state. Sec. 13. — Imprisonment for Debt Frohibited.^Im- prisonment for debt is prohibited, except for the non- payment of fines and penalties imposed for the violation of the law. Sec. 14. — Military Subordinate to Civil Authority.— The military shall be held in strict subordination to the civil authorities. No soldier shall be quartered in any house, in time of peace, without the consent of the owner, nor in time of war, except in a manner to be prescribed by law. Sec. 15. — Ex Post Facto Laws; Contracts. — No bill of attainder, ex post facto law% nor any law impairing the obligation of contracts, shall ever be passed. No convic- tion shall work a corruption of blood or forfeiture of estate: Provided, that this provision shall not prohibit the imposition of pecuniary penalties. Sec. 16. — Treason. — Treason against the state shall consist only in levying w^ar against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of tw^o witnesses to the same overt act, or on confession in open court. Sec. 17. — Indictment; Information; Examining Trial. — No person shall ])e prosecuted criminally in courts of record for felony or misdemeanor otherwise than by ArpivNDix. 105 presentment or indictment or by information. No per- son shall be prosecuted for a felony by information with- out having had a preliminary examination before an examining magistrate, or having v^aived such preliminary examination. Prosecutions may be instituted in courts not of record upon a duly verified complaint. Sec. 18. — Grand Jury. — A grand jury shall be com- posed of twelve men, an}^ nine of whom concurring may find an indictment or true bill. A grand jury shall be convened upon the order of a judge of a court having the power to try and determine felonies, upon his own motion ; or such grand jury shall be ordered by such judge upon the filing of a petition therefor signed by one hun- dred taxpayers of the county ; when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime, and such other powers as the legislature may prescribe : Provided, that the legislature may make the calling of a grand jury compulsory. Sec. 19.— Petit Jury; Trial.— The right of trial by jury shall be and remain inviolate, and a jury for the trial of civil and criminal cases in courts of record, other than county courts, shall consist of twelve men; but, in county courts and courts not of record, a jury shall con- sist of six men. This section shall not be so construed as to prevent limitations being fixed by law upon the right of appeal from judgments of courts not of record, in civil cases concerning causes of action involving less than twenty dollars. In civil cases, and in criminal cases less than felonies, three-fourths of the whole number of jurors concurring shall have power to render a verdict. In all other cases the entire number of jurors must concur to render a verdict. In case a verdict is rendered by loss than the whole number of jurors, the verdict shall be in writing and signed by each juror concurring therein. 106 Gove:rnme:nt in Oklahoma. Sec. 20. — Criminal Prosecutions; Change of Venue; To Be Confronted With Witnesses. — In all criminal prose- cutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed : Provided, that the venue may be changed to some other county of the state, on the application of the accused, in such manner as may be prescribed by law. He shall be informed of the nature and cause of the accusation against him and have a copy thereof, and be confronted with the wit- nesses against him, and have compulsory process for obtaining witnesses in his behalf. He shall have the right to be heard by himself and counsel; and in capital cases, at least two days before the case is called for trial, he shall be furnished with a list of the Avitnesses that will be called in chief, to prove the allegations of the indict- ment or information, together with their post-office ad- dresses. Sec. 21. — Evidence Against Oneself; Jeopardy.— No person shall be compelled to give evidence which will tend to incriminate him, except as in this constitution specifically provided; nor shall any person, after having been once acquitted by a jury, be again put in jeopardy of life or liberty for that of which he has been acquitted. Nor shall any person be twice put in jeopardy of life or liberty for the same offense. Sec. 22. — Right of Free Speech; Libel. — Every per- son may freely speak, Avrite, or publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the lib- erty of speech or of the press. In all criminal prosecu- tions for libel, the truth of the matter alleged to be libel- ous may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous be Appe:ndix. 107 true, and was written or published with good motives or for justifiable ends, the party shall be acquitted. Sec. 23.— Private Property Not to Be Taken for Pri- vate Use. — No private property shall be taken or dam- aged for private use, with or without compensation, unless by consent of the owner, except for private ways of neces- sity, or for drains and ditches across lands of others for yigricultural, mining, or sanitary purposes, in such manner as may be prescribed by law. Sec. 24.— Private Property; Condemnation; Damages; Right of Way. — Private property shall not be taken or damaged for public use without just compensation. Such compensation irrespective of any benefit from any im- provements proposed, shall be ascertained by a board of commissioners of not less than three free-holders, in such manner as may be prescribed by law. The com- missioners shall not be appointed by any judge or court without reasonable notice having been served upon all parties in interest. The commissioners shall be selected from the regular jury list of names pre- pared and made as the legislature shall provide. Any party aggrieved shall have the right of appeal, with- out bond, and trial by jury in a court of record. Un- til the compensation shall be paid to the owner, or into court for the owner, the property shall not be dis- turbed, or the proprietary rights of the owner divested. AVhen possession is taken of property condemned for any public use, the owner shall be entitled to the immediate receipt of the compensation awarded, without prejudice to the right of either party to prosecute further proceed- ings for the judicial determination of the sufficiency or insufficiency of such compensation. The fee of land taken by common carriers for right of way, without the con- sent of the owner, shall remain in such owner subject only to the use for which it is taken. In all cases of condemna- 108 Gove:rnme:nt in OkLxMioma. tion of private property for public or private use, the de- termination of the character of the use shall be a judicial question. Sec. 25. — Contempts; Jury Trial. — The legislature shall pass laws defining contempts and regulating the proceedings and punishment in matters of contempt : Pro- vided, that any person, accused of violating or disobey- ing, when not in the presence or hearing of the court, or judge sitting as such, any order or injunction, or re- straints, made or rendered by any court or judge of the state shall, before penalty or punishment is imposed, be entitled to a trial by jury as to the guilt or innocence of the accused. In no case shall a penalty or punishment be imposed for contempt, until an opportunity to be heard is given. Sec. 26. — Right to Bear Arms; Weapons. — The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the legisla- ture from regulating the carrying of weapons. Sec. 27. — Evidence; Compelled to Give; Immunity. — Any person having knowledge or possession of facts that tend to establish the guilt of any other person or cor- poration charged with an offense against the laws of the state, shall not be excused from giving testimony or pro- ducing evidence, when legally ealled upon to do so, on the ground that it may tend to incriminate him under the laws of the state ; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning Avhich he may so testify or produce evidence. Sec. 28. — Records of Corporations Open to Inspec- tion. — The records, books, and files of all corporations Appkndix. 1^*^ shall be, at all times, liable and subject to the full vis- itorial and inquisitorial powers of the state, notwithstand- ing the immunities and privileges in this bill of rights secured to the persons, inhabitants, and citizens thereof. Sec. 29.— No Person Transported Out of State; Due Process of Law.— No person shall be transported out of the state for any offense committed within the state, nor shall any person be transported out of the state for any purpose, without his consent, except by due process of law ; but nothing in this provision shall prevent the opera- tion of extradition laws, or the transporting of persons sentenced for crime, to other states for the purpose of incarceration. Sec. 30.— Search Warrants and Seizures.— The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, describ- ing as particularly as may be the place to be searched and the person or thing to be seized. Sec. 31.— State May Engage in Business.— The right of the state to engage in any occupation or business for public purposes shall not be denied or prohibited, except that the state shall not engage in agriculture for any other than educational and scientific purposes and for the support of its penal, charitable, and educational institu- tions. Sec. 32.— Perpetuities and Monopolies Prohibited.— Perpetuities and monopolies are contrary to the genuis of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this state. 110 Gove;rnme:nt in OkIvAhoma. Sec. 33.— Enumeration of Rights No Denial of Others. The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people. APPENDIX C. UNITED STATES POST-OFFICE POSTAL INFORMATION DOMESTIC MAIL MATTER RATES OF POSTAGE First-class. Letters and other matter, wholly or part- ly in writing, and matter sealed or otherwise closed against inspection, 2 cents for each ounce or fraction thereof. Post cards and postal cards, 1 cent each. ''Drop-letters," 1 cent for each ounce or fraction thereof when mailed at post-offices where letter carrier service is not established and at offices Avhere patrons cannot be served by rural or star route carriers. A "drop-letter" is one addressed for delivery at the office where mailed. Letters deposited in boxes along a rural route or star route are subject to postage at the rate of 2 cents an ounce or fraction thereof. There is no drop rate on mail other than letters. 15—0. H AppivNdix. MODEL FORMS OF ADDRESS 111 After days return to JOHN C. SMITH 146 State St. Wilkesville. N. Y. MR. FRANK B. JONES, 2416 Front Street, OSWEGO, OHIO. After Days return to JOHN C. SMITE! Rural Route No. 1 Wilkesville. N. Y. MR. ERANK B. JONES, Rural Route No. 3, OSWEGO, OHIO. (Form recuninieiidrd by Postal Department. 112 Government in Oki^ahoma. SPECIAL DELIVERY SERVICE Special delivery service is the prompt delivery of mail by messenger during prescribed hours to persons who re- side within the carrier limits of city delivery offices, to patrons of rural service who reside more than one mile from post-offices but within one-half mile of rural routes, and to residents within one mile of any post-office. Spe- cial delivery mail is not expedited in transit between post- offices. How Obtained. This service is obtained by placing on Siny letter or article of mail a special delivery stamp or ten cents worth of ordinary stamps in addition to the lawful postage. When ordinary stamps are used, the words ''Special Delivery" must be placed on the envel- ope or wrapper directly under but never on the stamps; otherwise the letter or article will not be accorded special delivery service. Forv^arding. Special delivery mail may be forwarded under the same rules as ordinary mail, and is then en- titled to special delivery service unless an attempt was made to effect delivery at the office of original address. Does Not Insure Unusual Safety. When it is desired to send money or other valuables by special delivery the matter should also be registered. A special delivery stamp does not insure unusual safety. THE REGISTRY SYSTEM Fee. The registry fee is 10 cents for each separate letter or parcel, in addition to the postage, either foreign or domestic, both postage and fee to be fully prepaid. Registry Stamp. A registry stamp, specially designed for the purpose, which is not valid in payment of postage, should be used to prepay the registry fee, but ordinary postage stamps may also be used for this purpose. Appe:ndix. '^'^^^ Return Receipts. Wlien an acknowledgment of de- livery is desired, the envelope or wrapper of the registered article should be indorsed on the address side l)y the sender, "Receipt Desired," or words of similar import. MONEY-ORDER SYSTEM Advantages of the System. The postal money-order system offers to the public a safe, cheap and convenient method of making remittances by mail. Money can be sent without danger of loss at low rates to all parts of the United States and its possessions, as well as foreign countries, by means of money-orders. It is recommended that postal money-orders be used, whenever available, instead of cash for remittances by mail, and that, Avhen money-orders are not available, the money be sent by regis- tered mail. The department requires the transaction of money-order business at all post-offices where practicable. Postmasters are not required to transact money-order business on Sunday. International Money-Orders. At all of the larger post-offices, and at many of the smaller ones, international money-orders may be obtained, payable in almost any part of the world. Fees for money-orders, payable in the United States (which includes Hawaii and Porto Rico) and its posses- sions, comprising the Canal Zone (Isthmus of Panama), Guam, the Philippines, and Tutuila, Samoa; also for orders payable in Bermuda, British Guiana, British Honduras, Canada, Cuba, Mexico, Newfoundland, at the United States Postal Agency at Shanghai (China), in the Ba- hama Islands and in certain other islands in the West Indies, are as follows: 114 G0VIi:RNME:NT IN OkI^AHOMA. For orders from $ 0.01 to $ 2.50 [\ c(^uts from $ 2.51 to $ 5.00 5 cents from $ 5.01 to $ 10.00 8 cents from $10.01 to $ 20.00 10 cents from $20.01 to $ 30.00 12 cents from $30.01 to $ 40.00 15 cents from $40.01 to $ 50.00 18 cents from $50.01 to $ 60.00 20 cents from $60.01 to $ 75.00 25 cents from $75.01 to $100.00 30 cents Lost Orders. When a domestic money-order has been lost, the owner may, upon application through either the office at which the original was issued or the office on which it was drawn, obtain, without charge, a duplicate to be issued in its stead within one year from the last day of the month of issue. POSTAL SAVINGS SYSTEM Deposits. Any person of the age of ten years or over may become a depositor. The account of a married Avoman is free from any control or interference of her husband. No person can have more than one account at the same time. An account can not be opened for less than $1, nor can fractions of $1 be deposited or withdrawn except as interest; but amounts less than $1 may be saved for deposit by the purchase of 10-cent postal-savings cards and adhesive 10-cent postal-savings stamps. No person is permitted to deposit more than $100 in any one calendar month nor to have a total balance to his credit at one time of more than $500, exclusive of interest. Privacy of Accounts. No person connected with the post-office department or the postal service is permitted APPF.NDIX. 115 to disclose the name of any depositor, or give any informa- tion concerning an account except to the depositor him- self, nnlcss directed to do so by the postmaster-general. Certificates. Depositors receive postal-savings certi- ficates covering the amount of each deposit made. These certificates are valid until paid, without limitation as to time. Postmasters are not permitted to receive savings certificates for safe-keeping. Interest. Interest will be allowed on all certificates at the rate of two per cent, for each full year that tlie money remains on deposit, beginning with the first day of the month following the one in which it is deposited. Interest continues to accrue on deposit as long as the certificates remain outstanding. Withdrawals. A depositor may at any time withdraw the whole or any part of his deposit, with any interest payable, by surrendering at his depository office savings certificates covering the desired amount. PARCEL POST TABI.£ OP POSTAGE RATES ON FOURTH-CLASS MAH. Parcels weighing 4 ounce:^ or less are mailable at the rate of 1 tent for each ounce or fraction of an ounce, regardless of dis- tance. Parcels weighing more than 4 ounces are mailable at the following pound rates, a fraction of a pound being considered a full pound. Weight. C .:: o .!lo (D O x: o P ° ^ o •2 o a> o feJ fcM cots: ^N fcts: fcN «2N ^ MN 1 pound_. 2 pounds- 3 pounds- 4 pounds- 5 pounds- 6 pounds. 7 pounds- 8 pounds. 9 pounds- 10 pounds- 11 pounds. 12 pounds. 13 pounds- 14 pounds. 15 pound 3- 16 pounds. 17 pounds. 18 pounds. 19 pounds- 20 pounds. 21 pounds- 22 pounds. 23 pounds. 24 pounds. 25 pounds. 26 pounds. 27 pounds- 28 pounds. 29 pounds. 30 pounds. 31 pounds- 32 pounds. 33 pounds. 34 pounds. 35 pounds. 36 pounds. 37 pounds. 38 pounds. 39 pounds. 40 pounds. 41 pounds. 42 pounds. 43 pounds. 44 pounds- 45 pounds. 4 6 pounds- 47 pounds. 48 pounds- 49 pounds. 50 pounds- $0.05 j $0.05 .06 i .06 .06 j .07 .07 .08 .07 .09 .10 .11 .12 .13 .14 .15 .16 .17 .18 .19 .20 .21 .22 .23 .24 .25 .26 .27 .28 .29 .30 .31 .32 .33 .34 .35 .36 .37 .38 .39 .40 .41 .42 .43 .44 .45 .46 .47 .48 .49 .50 .51 .52 .53 .54 $0.05 .06 .07 .08 .09 .10 .11 .12 .13 .14 .15 .16 .17 .18 .19 .20 .21 .22 .23 .24 .25 .26 .27 .28 .29 .30 .31 .32 .33 .34 .35 .36 .37 .38 .39 .40 .41 .42 .43 .44 .45 .46 .47 .48 .4".) .50 .51 .52 .53 .54 $0.06 .08 .10 .12 .14 .16 .18 .20 .22 .21 .26 .28 .30 .32 .34 .36 .38 .40 .42 .44 $0.07 .11 .15 .19 .23 $0.08 .14 .20 .26 .32 .38 .44 .50 .56 .68 .74 .80 .86 .92 .98 I 1.04 ' 1.10 1.16 1.22 $0.09 .17 .25 .33 .41 .49 .57 .65 .73 .81 .89 .97 1.05 1.13 1.21 1.29 1.37 1.45 1.53 1.61 $0.11 .21 .31 .41 .51 .61 .71 .81 .91 1.01 1.11 1.21 1.31 1.41 1.51 1.61 1.71 1.81 1.91 2.01 ArPKNDix. in' i'ARCKL i'OST "C. O. D." KlvVTURE The sender of a mailable parcel on which the postage is fully prepaid may have the price of the article and the charges thereon collected from the addressee on payment of a fee of ten cents in postage stamps affixed, provided the amount to be collected does not exceed ^100. Such a parcel will be insured against loss, without additional charge, in an amount equivalent to its actual value, but not to exceed $50. The sender of a collect on delivery (C. 0. D.) parcel will be given a receipt showing the office and date of mailing, the number of the parcel, and the amount due him. The sender of a C. 0. D. parcel shall fill in as many of the items on the C. 0. D. tag as possible, including the item showing the amount due him, and shall place his name and address on the back. He shall also place his name and address on the back of the coupon retained at the mailing office. A C. 0. D. parcel will be accepted for mailing only at a money-order office and Avhen addressed to a money- order office. Money-order offices are designated in the parcel post guide by an asterisk or a dagger. The addressee will not be permitted to examine the contents of a C. 0. D. parcel until it has been receipted for and all charges paid. A parcel may be refused when it is tendered for delivery, but after delivery has been effected it can not be returned on account of dissatisfac- tion with the contents or the amount collected. GENERAL INDEX Note to Teacher: — The figures refer to pa^es in tlie text; the Koman numerals refer to articles in the Oklahoma Constitution, and these are follovred by figures indicating tlie sections of the articles named. All reference to the Constitution or to the statutes of the State are enclosed in parenthesis. Adjutant General 4<) Agriculture, State Board of (Art. TX, Sec. 5) 47 Amendments to the State Constitution 51 Animal Industry 47 Annual School Meetings 19 Appendix A 79 Appendix B ]02 Appendix C 110 Appointments, President's Power 65 Governor's Power 4S Of Officers in Cities 29 Apportionment of School Funds 20 Army 72 Articles of Confederation 61 Assessments 35 Assessor, County 35 Attendance, Compulsory 23 Attorney-General, State 45 Attorney, County 34 Auditor, State 45 Bill of Eights, State 102 Boards, County: Commissioners 35 Election -yH Excise 36 Boards, State: Affairs, Public : 48 Agriculture 47 Banking 48 Education 47 Boards, Precinct Election 58 Boards, Township, Trustees 26 Bureaus, National 67 Cabinet of President 66 Chief Mine Inspector, State 46 Circuit Courts of Appeals 54 Cities: Attorney 29 Charter 29 120 Gi-:NKKAi^ Indicx I'age Clerk 20 Commission Form of Goveniinent .'U Marshal oU Police 30 Street Commissiouer ! 2i) Treasurer 29 Civil Service t)6 Clerk, County '. H4 Clerk, District Court 35 Commerce 73 Commission Form of Government 31 Commission, State Corporation (Art. IX) 46 Comnjissioner: Charities and Corrections 16 Health 48 Highways 48 Insurance 45 Labor 45 Street 30 Commissioners: County 35 Land Office 47 Congress: Committees in 70 Houses 69 Powers 77 Prohibitions 76 Sessions 69 Congressional Townships 24 Constable J 30 Constitution: National 79 State 39 Constitutional Convention, National 62 State 38 Continental Congress 61 Corporations 42 Counties (Art. XVII) 33 Courts: County 33 Justice 27 Municipal 29 National 77 State 52 Criminal Court of Appeals 54 Debts, Public, Limit of 55 Declaration of Independence 61 District Court 54 Education, Boards of: City - 22 District 19 State 47 G];ni;k.\l Indi'X I'll EdiicutioM, St:ito Svstoin (Art. XIII) 47 United States ('oiuniissionor (i7 Eleeniosyuary Jiistitiitioiis ."JO Election: Ballot r,H Boards oS Registration ")7 School 1!> State ~>H I<]xaininer and Inspector, State 4.') Excise Board, County 'Mi Executive Department: National (>") State r.i Family Group - Fellow Servant Law 41 Fire Marshall '■'>'> Game Warden 48 Government: Familv 12 Federal 48 Local li) National -"lO Nature of 10 Need of Ki School li) State 'M^ Township 24 Governor, Powers and Duties 4;> Habeas Corpus, Writ of (Art. IF, Sec. 10) 41 Health, State Commissioner, State 4.S Highway Commissioner, State 4S House of Kepresentatives: National W> State 51 Impeachment: National 7S State 53 Initiative and Roferendum 30 Insurance Commissioner, State 45 Judges of Supreme Court: National 77 State 53 Judicial Department: National 77 State 53 JusHce of the Peace 3f) Juvenile Courts '- 34 122 General Index Page Labor, Commissioner of, State ^ 4.") Land Office, State Commissioners of 47 Land Survey 24 Legislative Department: National 61) State 50 Library, School 20 Lieutenant- Govern or 44 Local Government 19 Marshal, City 30 Mayor 29 Mine Inspectors, State 46 Money 73 Municipal Township 26 National Territory 74 Navy 72 Oklahoma Bill of Eight 102 Parcels Post' 116 Pardons, Power of: Governor 43 Mayor 29 President 65 Personal Eights 12 Political Eights 12 Postal Eates 110 President 65 Presidential Succession Law 48 Primary Elections, Mandatory 57 Public Instruction, Superintendent of: Countv 35 State" 46 Public Health Commissioner, State 46 Public Schools: Annual Meeting 19 City Districts 22 Compulsory Attendance 23 Consolidation 21 Countv Superintendent 35 Distri*':>t Officers 19 State Superintendent 46 Eeferendum 50 Registration Letters 112 Ecgistration Votes 57 Eegister of Deeds, County 34 Eeligious Toleration 40 Eepresentatives, House of: National 69 State 51 GiCNiCRAL Ii\Di;x 133 Page Reservations 15f Reveinie and Taxation (Art. X, Sees. 1 to 30) 5~) Koad Overseer 27 School Funds 20 Seal, State 45 Secretary of State 44 Senate: National GO State 50 Separate School 23 Sheriff . 34 Speaker of the Hcase: National 69 State ol Special Delivery 112 Suffrage and Elections 57 Superintendent of Public Instruction: County 35 State 46 Supreme Court: National 77 State 53 Surveyor, County 34 Taxes ^)^) Taxes, School 22 Treasurer: City 20 City School District 22 County 34 School District 10 State 46 Veto Power: Governor 43 President 65 Vice President 67 Warden, Cianie and Pisli 4S Weigher, County 35