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APPENDIX to BRIEF OF AMICUS CURIAE NATION

Appendix Attachment Document Page Number 001 1 Cross-Deputization Agreements List (1992-2019)

004 2 Cherokee Nation Boundaries and Service Area Maps

011 3 Indian Country Criminal Jurisdictional Chart

014 4 Cherokee Cessions Map, Goins and Goble, “Historical Atlas of ”

017 5 Map of

019 6 Map of Oklahoma and Indian Territories

021 7 Ann. Rept. of the Comm. Five Civ. Tribes of 1894, 1895, and 1896 (1897)

026 8 Sixth Ann. Rept. of the Comm. Five Civ. Tribes (1899) (Excerpts)

032 9 Seventh Ann. Rept. of the Comm. Five Civ. Tribes (1900) (Excerpts)

040 10 Ninth Ann. Rept. of the Comm. Five Civ. Tribes (1902) (Excerpts)

043 11 Ann. Rept. of the Comm. Five Civ. Tribes (1910) (Excerpts) ATTACHMENT NO. 1

Cherokee Nation Cross-Deputization Agreement List (1992-2019)

Page 001 CHEROKEE NATION CROSS-DEPUTIZATION AGREEMENTS (1992-2019)

50186 [12/31/2019] - County Addendum - Addition of Cherokee County to Deputation Agreement for Law Enforcement in the Cherokee Nation - Cherokee Nation and (original agreement 1992 - sos file number 27286) https://www.sos.ok.gov/documents/filelog/93289.pdf

49793 [04/16/2019] - Addendum addition of the City of Spavinaw deputation agreement for law enforcement in the Cherokee Nation https://www.sos.ok.gov/documents/filelog/92899.pdf

49794 [04/16/2019] - City of Muskogee Addendum addition of the City of Muskogee to deputation agreement for law enforcement in the Cherokee Nation https://www.sos.ok.gov/documents/filelog/92900.pdf

49070 [02/02/2019] - County Addendum, Addition of Tulsa County to Deputation Agreement for Law Enforcement in the Cherokee Nation - original agreement Attorney General file number ICA-93-0019-Cross-Deputization Agreement between the Cherokee Nation, the Starte of Oklahoma, and the U.S. Government https://www.sos.ok.gov/documents/filelog/92187.pdf

[2/2/2018] – Agreement between Cherokee Nation and the City of Tulsa File not yet uploaded to https://www.sos.ok.gov/. 48981 [12/01/2017] – Agreement between Rogers State University and the Cherokee Nation https://www.sos.ok.gov/documents/filelog/92061.pdf 48982 [12/01/2017] – Agreement between the Town of Gans and the Cherokee Nation https://www.sos.ok.gov/documents/filelog/92062.pdf 48414 [01/25/2017] – ICA between Cherokee Nation Marshal Service and Okla. Bureau of Narcotics and Dangerous Drugs Control - Agreement and Protocol for Cross-Deputization and Addendum - signed 01/23/2003 https://www.sos.ok.gov/documents/filelog/91480.pdf 48415 [01/25/2017] – ADDENDUM - Okla. Dept. of Agriculture Food and Forestry-Forestry Division joining as members of the foregoing agreement and compact - signed 04/15/2003 https://www.sos.ok.gov/documents/filelog/91481.pdf 48211 [08/11/2016] – Agreement between Cherokee Nation and the City of Chelsea https://www.sos.ok.gov/documents/filelog/91272.pdf 47316 [01/30/2015] – Agreement between Cherokee Nation of Oklahoma and City of Claremore https://www.sos.ok.gov/documents/filelog/90347.pdf 47315 [01/30/2015] – Agreement between Cherokee Nation of Oklahoma and City of South Coffeyville https://www.sos.ok.gov/documents/filelog/90346.pdf

Page 002 47054 [07/16/2014] – Agreement between Cherokee Nation and Nowata County and the City of Nowata https://www.sos.ok.gov/documents/filelog/90081.pdf 46988 [04/09/2014] – Agreement between Cherokee Nation and the City of Tulsa https://www.sos.ok.gov/documents/filelog/90014.pdf 44913 [06/14/2011] – Agreement between Cherokee Nation and Northeastern State University (NSU) https://www.sos.ok.gov/documents/filelog/87845.pdf 44920 [06/14/2011] – Agreement between Cherokee Nation and the City of Big Cabin, Catoosa, Ft. Gibson, Grove, Inola, Jay, Langley, Locust Grove, Marble City, the City of Owasso, Pryor, Salina, Sallisaw, Stilwell, Sprerry, Tahlequah, Vian, Vinita, Westville, Town of Colcord, Town of Ramona, The Police Department, The Collinsville Police Department, and The Roland Police Department https://www.sos.ok.gov/documents/filelog/87852.pdf 44921 [06/14/2011] – Agreement between Cherokee Nation and the Board of County Commissioners of Cherokee County, Delaware County, Muskogee County, County, Mayes County, McIntosh County, Ottawa County, Wagoner County, the Rogers County Sheriff's Office, the Sequoyah County Sheriff, and the Sheriff of Wagoner County https://www.sos.ok.gov/documents/filelog/87853.pdf 44914 [06/14/2011] – Agreement between Cherokee Nation and The District Attorney of Ottawa and Delaware Counties, and The District Attorney for Craig, Rogers and Mayes Counties https://www.sos.ok.gov/documents/filelog/87846.pdf 41989 [04/18/2007] – Agreement between Cherokee Nation and https://www.sos.ok.gov/documents/filelog/64803.pdf 34841[08/29/1997] – Agreement between Cherokee County, City of Tahlequah, State of OK & Bureau of Indian Affairs https://www.sos.ok.gov/documents/filelog/51268.pdf 27286 [07/08/1992] – Cherokee Nation /U.S. Department of Interior/Co Comm. Various Law Enf. including by not limited to County Sheriff's Department, Oklahoma State Bureau of Investigation, Oklahoma Highway Patrol, State Fire Marshal, Oklahoma Department of Dangerous Drugs and Narcotics, Department of Corrections, Council on Law Enforcement Education and Training, Oklahoma Game Rangers, Oklahoma Lake Patrol, Oklahoma State Fire Marshal, etc. https://www.sos.ok.gov/documents/filelog/54074.pdf

Page 003 ATTACHMENT NO. 2

Cherokee Nation Boundaries and Service Area Maps

List of Documents: Map of Cherokee Nation Reservation Boundaries (2020) Map of Cherokee Nation Service Sites (2018) Map of Cherokee Nation Medical Facilities (2018) Map of Cherokee Nation Tribal Transit Bus Routes (2018) Map of Cherokee Nation Tribal Transportation Program Construction Projects (2018) Map of Cherokee Nation Businesses (2018)

Page 004 Cherokee Nation µ

! Joplin Chautauqua Montgomery Montgomery L a b e t t e C h e r o k e e

N e w t o n Miami ! Neosho Washington ! O t t a w a N o w a t a !Bartlesville C r a i g

!Nowata

Vinita ! M c D o n a l d O s a g e Pineville !

D e l a w a r e

!Jay R o g e r s M a y e s Claremore ! Pryor ! B e n t o n

!Tulsa T u l s a

Wagoner C h e r o k e e ! Washington

!Tahlequah W a g o n e r A d a i r

!Stilwell Muskogee !

! Major M u s k o g e e Crawford Counties States S e q u o y a h

Cherokee Nation Reservation !Sallisaw Van Buren!

M c I n t o s h ! Fort Eufaula H a s k e l l Smith ! Map created 7/28/2020 ETD Stigler Sebastian Map Disclaimer: Information on this map is from multiple sources and is ! L e F l o r e to be used for graphic display and general planning purposes only. Data accuracy cannot be guaranteed. Questions about this map, its sources, and 0 5 10Page 005 20 Miles intended use should be directed to the CherokeeP i t t sNation b ur GeoData g Center. Career Services Family Assistance Health Center Family Assistance Senior Nutrition Service Sites Food Distribution Health Center WIC Family Assistance Career Services Health Center WIC

Senior Health Center Nutrition Tag Office Family Assistance Food Distribution Senior WIC Tag Office Nutrition Career Services Food Distribution Tag Office Housing Authority Health Center IHS Hospital Food Distribution WIC WIC Senior Nutrition Career Services Career Services Housing Authority Family Career Assistance WIC Services Family Assistance Career Services Senior Nutrition WIC Tag Office

WIC Senior Nutrition Cherokee Elder Care Complex Tag Office Hastings Hospital Housing Authority WIC !( Service Sites Family Assistance Executive Office Adult Education Center Tribal Council Health Center Food Distribution Judical Branch Family Assistance Career Services Career Services Talking Leaves Job Corps Senior Nutrition WIC

Health Center Senior Career Services Nutrition Food WIC Distribution

Senior Nutrition

Senior Nutrition Senior Nutrition Senior Nutrition Family Assistance Health Center Food Distribution Career Services Tag Office Family Assistance Senior Nutrition Housing Authority Senior WIC Nutrition

Map created 1/31/2018 ETD Note: This map is based on multiple sources and was prepared to demonstrate the general locations of the indentified services. Page 006 Page 007 20172017 CherokeeCherokee NationNation 8 TribalTribal TransitTransit BusBus RoutesRoutes

¤£59 ¬«10

¬«10 ¤£75 ¤£69

¤£169 Nowata

Craig ¬«2 Washington ¤£60

¤£60 §¨¦44

¤£75

85A¬« Cayuga ¬«25 Grove Cleora Dodge ¤£69 82 85 ¬«28 ¬« ¬« Osage ¬«66 Dennis

Zena ¬«127

28 Bushyhead 82A¬« ¬«

¬«82 ¬«20 Rogers Delaware ¬«20 Sequoyah 44§¨¦ ¤£59 ¬«88 Limestone ¤£69 ¬«20 Mayes Justice

¬«266 ¬«116 Taiwah

¬«88 ¬«167 ¤£412 ¤£75 412P¬« Gregory 412A¤£ Snake Creek ¤£59

Chewey Legend Clinics Hospitals Scraper Lost City

Community Buildings Shady Grove ¤£62 Services Sites Eldon ¬«80 51 Cherokee ¬«

Tribal Suboffices ¤£62 Welling Adair Peavine 251A¬« Tag Offices ¬«51 Woodall ¬«51 80A¬« Casinos Zeb Keys Tenkiller Zion Pettit Existing TTP Routes ¬«100 Cherry Tree Dry Creek Bell Historical Settlements Percent Native American Greasy

0.0 - 29.0 Evening Shade Musk¬« 10A¬«

Musk ¬« Short 29.1 - 39.0 Stony Point 101 Brushy ¬«

39.1 - 49.0 Belfonte Sequoyah Akins ¤£64 Long 49.1 - 100.0 ¨¦§40 ¤£266 64B¬« ¤£64 Remy

Simms

Brent ¬«141 Texanna

¬«71

Data Source: Cherokee Nation Department of Transportation 0 10 20 40 Date: 01/31/2018 This map is for reference use only Miles

Page 008 CherokeeCherokee NationNation 8 TribalTribal TransportationTransportation ProgramProgram ConstructionConstruction ProjectsProjects

¤£59 ¬«10

¬«10 ¤£75

Ottawa 125 ¤£169 ¬« Nowata

Craig ¬«2

Washington ¤£60

¤£60 §¨¦44

¤£75

Cayuga 85A¬« ¬«25 Cleora Dodge 85 ¬«28 ¬«82 ¬«

¬«66

Zena ¬«127 ¤£69 28 Bushyhead 82A¬« ¬«

¬«82 ¬«20 Rogers Delaware ¬«20 Sequoyah 44§¨¦

¬«88 ¤£69 Mayes ¬«20

Justice

¬«116 Tulsa ¬«266

88 ¬«167 ¬« ¤£412

412P Gregory 412A ¬« ¤£ 59 Snake Creek ¤£

Chewey

Scraper

Lost City

¤£62

Eldon ¬«80 Cherokee ¤£62 Welling 251A¬« Adair

Legend Woodall ¬«51 Zeb Tenkiller Zion Pettit In Progress Routes ¬«100

Cherry Tree Bell Clinics Hospitals

Community Buildings Greasy

Musk¬« Services Sites Evening Shade Musk¬« 10A¬« Stony Point Tribal Suboffices Short 101 Brushy ¬«

Tag Offices 64B¬« ¤£64 Akins Long ¨¦§40 McKey Casinos 266 ¤£ Sequoyah Historical Settlements

¤£64 Simms 141 Brent ¬«

Texanna

¬«71

Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, and the GIS User Community

Data Source: Cherokee Nation Department of Transportation 0 10 20 40 Date: 01/31/2018 This map is for reference use only Miles

Page 009 Cherokee Casino South Coffeyville

NOWATA CRAIG OTTAWA Cherokee Nation WASHINGTON Businesses

Cherokee Casino Cherokee Casino Ramona Grove

ROGERS DELAWARE Cherokee Casino Downs Tulsa NE/ Will Rogers Downs KOA !( TULSATULSA MAYES CNI - Pryor Hard Rock Hotel & Casino !( Welcome Center CNB Office Cherokee Hills Golf Course Kansas Cherokee Casino & Hotel Building Welcome Center - Tulsa !( West Siloam Springs CNB Headquarters !( !( !(

Cherokee Casinos WAGONER CHEROKEE

!( CNB Offices Supreme Court Museum CNI - Tahlequah Prison Museum ADAIR !( John Ross Museum !( Cherokee Nation Entertainment !( !( !( !( Cherokee Springs Golf Course Cherokee Nation Industries !(!(!( !(Cherokee Trails Golf Gourse County Cherokee Casino Tahlequah !( Restaurant of the CNI - Stilwell Cherokee Nation Jurisdiction Gift Shop Cherokee Casino Outpost Convenience Store

MUSKOGEE SEQUOYAH Cherokee Casino Sallisaw Cherokee Casino | Hotel Roland Cherokee Travel Plaza MCINTOSH MCINTOSH !(

0 5 10 20 Miles

Page 010 ATTACHMENT NO. 3

Indian Country Criminal Jurisdictional Chart

Page 011 INDIAN COUNTRY CRIMINAL JURISDICTIONAL CHART for crimes committed within Indian Country as defined by 18 U.S.C. ' 1151(a), (b) & (c) - (a) formal [recognized treaty boundaries] & informal [tribal trust lands] reservations (including rights-of-way/roads), (b) dependent Indian communities, & (c) Indian allotments held in trust or restricted status (including rights-of-way/roads). (where no congressional grant of jurisdiction to state government over the Indian country involved exists)

INDIAN OFFENDER: 1. VICTIM CRIMES: FOR OFFENSES AGAINST A VICTIM'S PERSON OR PROPERTY

WHO IS THE VICTIM? WHAT WAS THE CRIME? JURISDICTION

INDIAN Major Crimes Act crimes: FEDERAL (enrolled or Murder; manslaughter; kidnapping; maiming; sexual abuse/assault under recognized as Ch. 109-A; incest; assault with intent to commit murder or in violation of 18 Indian by a government entity U.S.C. ' 2241 or '2242; assault with intent to commit any felony; assault and possessing with a dangerous weapon; assault resulting in serious bodily injury; assault some degree of resulting in substantial bodily injury of a spouse, intimate partner or dating Indian blood) partner; assault on a person under 16 years old; assault of a spouse, intimate partner or dating partner by strangulation; felony child abuse or neglect; arson; burglary; robbery; felony theft under 18 U.S.C. ' 661. (Authority: Major Crimes Act - 18 U.S.C. ' 1153 & state code where underlined)

All remaining crimes contained in tribal code: TRIBAL * (Authority: tribal code or 25 CFR Pt. 11, if a CFR Court of Indian Offenses)

NON-INDIAN Major Crimes Act crimes: FEDERAL Murder; manslaughter; kidnapping; maiming; sexual abuse/assault under Ch. 109-A; incest; assault with intent to commit murder or in violation of 18 U.S.C. ' 2241 or '2242; assault with intent to commit any felony; assault with a dangerous weapon; assault resulting in serious bodily injury; assault resulting in substantial bodily injury of a spouse, intimate partner or dating partner; assault on a person under 16 years old; assault of a spouse, intimate partner or dating partner by strangulation; felony child abuse or neglect; arson; burglary; robbery; felony theft under 18 U.S.C. ' 661. (Authority: FEDERAL Major Crimes Act - 18 U.S.C. ' 1153 & state code where underlined)

Other federal crimes (unless tribe has punished Indian defendant), including crimes contained in state code (where there is no federal statute for the category of offense) under the Assimilative Crimes Act: (Authority: General Crimes Act - 18 U.S.C. '' 1152 and 13) TRIBAL *

All remaining crimes contained in tribal code: (Authority: tribal code or 25 CFR Pt. 11, if a CFR Court of Indian Offenses)

2. VICTIMLESS CRIMES: NO VICTIM'S PERSON OR PROPERTY INVOLVED IN CRIME (e.g., traffic offenses, disorderly conduct, prostitution, etc.) a. Crimes in state code (where there is no federal statute for the category of offense) under FEDERAL the Assimilative Crimes Act. (Authority: 18 U.S.C. '' 1152 and 13)

b. Crimes in tribal code. (Authority: tribal code or 25 CFR Pt. 11, if CFR Court) TRIBAL * * limited to 1 year sentence & $5,000. fine, unless tribe approved under Tribal Law & Order Act for 3 yr. felonies.

3. GENERAL FEDERAL CRIMES: OTHER FEDERAL CRIMES OF GENERAL APPLICABILITY (Affecting Interstate Commerce or a Federal Interest) FEDERAL (Federal prosecution based on federal interest, not based on territorial jurisdiction over location of crime) (e.g., drug offenses, firearms offenses, mail fraud, embezzlement or theft from tribal organization, theft from casino, failure to report child abuse, etc.) (Authority: individual federal statute) Page 012 NON-INDIAN OFFENDER: 1. VICTIM CRIMES: AN OFFENSE AGAINST A VICTIM'S PERSON OR PROPERTY

WHO IS THE VICTIM? WHAT WAS THE CRIME? JURISDICTION

INDIAN Indian Country Crimes Act Crimes: FEDERAL (enrolled or All federal crimes which apply to the "special maritime and territorial recognized as jurisdiction of the under the U.S. Code." (Authority: General Indian by a government entity Crimes Act - 18 U.S.C. ' 1152) and possessing some degree of All remaining crimes contained in state code (where there is no federal FEDERAL Indian blood) statute for the category of offense) under the Assimilative Crimes Act. (Authority: General Crimes Act - 18 U.S.C. '' 1152 & 13)

Domestic Violence, Dating Violence, or Violation of Protection Order TRIBAL * offenses [when defendant: 1) resides in Indian country, 2) works in ** Indian country, or 3) is a spouse or partner of a member of a participating tribe or is an Indian residing in Indian country of a participating tribe] (Authority: tribal code and 25 U.S.C. ' 3101)

NON-INDIAN All crimes contained in state code. STATE (Authority: United States v. McBratney, 104 U.S. 621 (1881))

* limited to 1 year sentence & $5,000. fine, unless tribe approved under Tribal Law & Order Act for 3 yr. felonies.

** effective after 3/7/15 if the tribe provides U.S. Constitutional protections in tribal court.

2. VICTIMLESS CRIMES: NO VICTIM'S PERSON OR PROPERTY INVOLVED IN CRIME STATE ONLY (e.g., traffic offenses, disorderly conduct, prostitution, etc.)

3. GENERAL FEDERAL CRIMES: OTHER FEDERAL CRIMES OF GENERAL APPLICABILITY (Affecting Interstate Commerce or a Federal Interest) FEDERAL (Federal prosecution based on federal interest, not based on territorial jurisdiction over location of crime) (e.g., drug offenses, firearms offenses, mail fraud, embezzlement or theft from tribal organization, theft from casino, failure to report child abuse, etc.) (Authority: individual federal statute)

created by Arvo Q. Mikkanen, Assistant U.S. Attorney & Tribal Liaison, U.S. Attorney=s Office, Western District of Oklahoma (may be reproduced with attribution to author)

August 2017 Version

Page 013 ATTACHMENT NO. 4

Cherokee Cessions Map, Goins and Goble, "Historical Atlas of Oklahoma"

Page 014 015 Page

1) • 1 "lJ "['I·•( \ ' ; L A r•·.1 lN ·N l ! V· t.'f 'i;"l"t'J

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ll I t. | '1,. rt I \ ,l,. rl rr t .\ 'lr' ;r "/'\, ,i , i,, ,{, ^.r)' i q3 Wichita {1 ((rl \ /' L ./ ?c rd )q o Jopiin KANSAS

MIssol{B} Afr,KANSAS

*

rn,j: ,-Little Rock

,j,,i I U.S. fort, 1866 o Modern city

50 75 Miles

0 25 50 75 100 Kilometers THXAS 't'lichlta Provision$ of the Reconstruction Tbeaty of July L7, 186 Cherokee Cessions LOUISIANA Ceded tract known as "Neutra} Lands" Ceded tract known as "" Authorization to Settle Indian Tbibes West of 96"

rJ.D Tbact acquired Jun€ 5, L872, for Osages 4. T?act acquired Jr"rno 5, 18?2, for Kansa$ 5. Tbact acquired April 10, 18?6, for Pawnees 6. T?act acquired May 22, 18?8, fbr Nez Perces 7. Tlact acquired March 3, 1881, for 8. Thact acquired March S, 1881, for Otos and h{issouris

08'

Page 016 61 ATTACHMENT NO. 5

Map of Indian Territory

Page 017 Page 018 ATTACHMENT NO. 6

Map of Oklahoma and Indian Territories

Page 019 i

I I Oklahorna and lndlan I Territories

,_ t ** OttcffE }llrml

l{oirtmlgtriF

Ghrrclaa Oudat Oklahor \ Th I ::.----J- I l"-' IErc p111 I llo$*e I ,l t-_t llurcogr* t it, Eruilil I Ctrrynr.lrrprho [^^., '' \ Indt'art'' :r'Territory le;Courty i, l{iowa- \ Gornanshe- r-f-*\ AFrcha

t /_- '( ,. \,r-1 I J\i ll r*r.rq .... ^l LJ '\

Page 020 ATTACHMENT NO. 7

Ann. Rept. of the Comm. Five Civ. Tribes of 1894, 1895, and 1896 (1897)(Excerpts)

Page 021 Page 022 Page 023 Page 024 Page 025 ATTACHMENT NO. 8

Sixth Ann. Rept. of the Comm. Five Civ. Tribes (1899) (Excerpts)

Page 026 SIXTII ANNUA], RIIPOII'I'

OI' THB

COIIIMISSION TO THT] FI\TE CIYIIZED TITIBES

SECRETARY OF TH!] INTERIOR

FrscAl, YEArt ENI)ED .IUNltr 30, 1899.

Page 027 ANNUAL REPORT

OF TNE

COMMISSION TO THE FIVE OIYITIZED TRIBES.

I,I}GIS T,ATION AND AGIiE EMENTS.

Since the report urade by the C

Page 028 10 nEpoRT oF colrMlssroN To Fryn crvILIzED TRrtsEs. ated was limited in its powor to rregotiate to a period of thirty drrys. The United States Commissior had ad.vertised appointmerrts iu Missis- sippi extorrtliug l'rorn Decernber 1ti, 1898, to Janu-aiy 7, 1899, for the pur- pose of identifying the Mississippi Ohoctaws, a duty imposed upon the commission by the act of June 28, 1898, but olr receiviug a comururrica. tiorr foom tho chairman of tho Cherokee Commissiorr roquestirrg & colr- fereuce it was deemed. desirable to postpone the appointments in Mis- siosippi and meet tho Cherokee Llomrniesiou. which it, tlid ou Dccember 19, 18-98, continuing uegotiations until Januir,ry 14, 181)9, procluciug the agreoment rvlrich is apporrdorl hereto. (Appeudis No. 9, p. 4!).) Iu the meautime the Oreeks had, by act of courrcil, created another commission with authoritl. to rregotiato an ftgreetnent rvith tho United States, and a conferonco w&s rrscortted it irrrnediately upon couclusion of the negotiations witlr the Ohorokees, contiuuing to Fobruary 1, 1899, when an agreerrleDt was corrr{uded. (Appeudix No. 3, p. 50.) The agreement with the Oherohees was ratifietl by the tribe at a special election held January 31; 1ti99, b.y a majority of two thousand one hundred six votes, and that'rith tho Oreoks ou li'ebruary 18, 1899. by a nrajority of four hundred eiglrty-flr'e. While these agreements do rrot iu all respects embody those featuros which the commissiou desired, tLoy werc tho bes[ obtainable, and the result of most serious, patient, aud erlrnest consideration, coveriug many days of artlnous labor. 'Ihe conrnrisgions wero nrany tirne,s on the point of suspelding negotiations, thore having arisen propositions upon the part of ono of the commissions which the other was urrwilling to accept. Particularly were the tribal commissioners tlotenuiuetl to fix a maximurn and miuimunr value fbr the appraisemsnt of laud.s, whilo this commissiorr was equally vigorous in its views that the lauds should be appraisod at thoir aatual vftlne, ercludiug irnprovernonts, without limitations in order that an equal division might be made. The propo- sitions finally agreed upon \yero the result of a oompromise, without which no &greolnorrt could have bestr rerr.ched. Tho rlesirrrbility, if not the absolute necessity, of securing a unifonn Iaud. tenure &rnong the Five Tribes leatls the corntnission to rocommend that thesc agreements, with srrch rnotlificatious autl ameudrnouts as may be tleemed wise and propel, be ratified by Oougress. ENROLIJMENT Of' CI'I'IZENS. A rrery general irnpression exists amoug' thoso unacquainted with eonditions in Iud.ian Torritory bhat the work of rnaking rolls of (. Indians" is a comparatively oimllle ruatter, susceptiblo of accom- plishment in a sbort spaco of tirne. Wore Indian Territory merely a reservation peopled ouly by full-blood Indiaus, that impression would havo foundation in fact, but Indian blootl, unfortunately, is rrot the sole qualification tbr citizcnship in Irrtliau Territory, and, intleed, as will lie seen later, if other requisitos are uot lackiug, it is ttot even arr element. fn othor rvords, cortain arbitrary laws autl docisions goyorn the cour- missiorr in determiuing rvho are and who are uot eligible to enrollment. tr'or example, were a full-blood Cherokee Indian from North Carolina now to present himself for eurollment to the cornmission. his application would be rojected; rvhereas, vore a rvlrit,b ru&n to now contract marriage wiih a Choctaw or Chickasaw, contbrmable to tbo laws of those nations, he woultl bo entitled to eurollmeut. When completed the citizonship rolls of the FiveTribes will be found to corrtaiu the names of full-blood Indians, negroes, and whito meu, with every iutorveniug degree of blood.

Page 029 R!]PORT OF COMIIISSION 'fO FIVE CIWLIZDD TTiItsES. 49

IIISCELLANEOUS. 31. Neither thc town lofu, uor tho allotnent of laurl of nny citizen of tbe Illnsco- gee or Creok Nation shall bc sttbjectcd to any dobt contracterl by him prior to the datoof his patont. 35. All payments herein providod for shall bo made, under tbo direction of tbe Secretarybf the Interior, into the Uuited States'froaaur.y, and shall bo for tho ben- elit of tho citizens of the llftmcogco or Creel< Nation. All paynronts heroafter 1,o be made to tbo urotnbors of thc eaid natiou sball bo pai

APPDNDIX NO. 2.

CnnRoxnr AcREE:uEN'r, .IANUAII,Y 14, 1899. This agreomeut by and bot,ween tho Govornment oi' tl:e Unitod Statoe, errtorecl into iu its bohalf by tlro Couunission to tho l'ivo Civilizetl 'fribcs, Honry L. l)awes, Tanra Bixl.ry, Archibalrl S. I.lcXennon, anal 'l'lromas B. Neerllea, duly oppointorl aurl authorized thorounto, and the Chorokeo tribe of Intliirrrs in Intliau'I'crritoty, ontcro(l into by its corurnission, Robolt IJ. Roee, Clem V. Rogers, Porcy \Yyl-v, Henr.y C. Lorv- rey, Jobn E. Gunter, George Santlers, aud \Yolfc Coon, duly appointerl autl authorized thorouuto, _ \Vitnossotb, tbat in coneitleration of tl:e mutual agreemeuto antl rrnrlertaL,ings horoin contained, it ia agrocd ae followe:

GENI]RAL ALLOT}IENT OF LAND.

1. All lanils in lnilian 'Icrritory_bellnging to the Cherol

Page 030 REPOR'I OF COMMISSION TO FIVE CIVILIZED I'RII}ES, 57 uoo os a court-Lorrso onrl u l'etleral jail, the r.alno of said buiklings nnd grounds f,o be inrurerliately ascertainetl b5' a corumittee ol' trvo, orrc to l.ro rippoiutid b;' tho Secretarl'of tho Interior and ouo by tho ptincipal chiefof tiro Cherokee Nationl aud in caso of a dieagreemont aB to tb6 aaluo thoreof, thon tire t\yo mombero so apl,ointeal shallehall select se tlrird dieiuterestetldisinterestetl persol,persoD, antland. ths decieioudecieioll of a maioritvma.jority ot'o1- thoth-o mcm- borabors of eaid comoittoocomnrittoo eba,lleball bobe final,final. antl an appropria.tionappropria.tiou of tbo aiuountamouDt of eaialsaid appraisementsaDDraiserlents sball be nrado vithiu two yoarsvoars fromfrbnrtlre the dato ofol'tlre tlre ratifioationratification of tEis ogreemont; provided, howover, that tho Cherokeo Nation shall bo pornrittetl to retnifpossoseidu-of tho capitol build,ing antl iuclose,J. grotrrrds until Iiu-al allotment is rnade.rnade, butlrut inunediatojnrrnediato Dossessionpoiseesion of thotha national jailiail ahalla-trall be givcn.uiven. 69. I t is further stipulatetl and agreed that ilI of tho other publio buildings of the Cherokes Nation uotuof othorwiiroothorwiso spociallyspocial providod for slall bo disposed of as may horeafter be providetl by tho natioual couucil of tho saiil rirtiou.

CrIEROKEE ADVOCATE. 70. That the national Dcwap&por, tlrc Cherokee Adrocato, printerl in both tho Chcrokec aud Euglish lauguagr:s, tha,ll corrtiouo to bo publishcd tLe preet,nl, vertr, uudcr the appropriation already ruado by tho Cherokee Nation, alil al'ter which time the eaure ehall be loased, lry the priucipal clief of tho Cherokee N*tiolr lbr a period of trvo years at a time, to the lorvest responsiblo citizeu bicliler, :rt au tunuirl oxpenso to tho L:herokee Nation rrot to excecd one thtrueard rlollars, to bo pairl orrt of tho annuitiee belougiug to tho genoral fuud of tho Cherokco Nation; providetl that said rrowspaper plant, includiug ovcrytbiug couuecte

COUNTS AND JUBISDICTION.

71. 't'hc Cherokee }iation colsents to the extiuguisbment of Cbcr.oheo corrrts, as provided in sectiou 28 of tbe rct ol' Congrese ot Juiro 28t,h, 1E98, and tlrrrt thc tluiicd Stlttt:s oourts il Indiau Territory Iralo irrll crinrirral autl civil ,iuriBdictior) or.er all Cherokee citizele and their prol)6rt)', as is trou' or ruay hcrcaftcr l-re pr.ovided by )nw, 72. Tbe placeE of holdiug courts shall bo, in additiou to the snmo as ir.l'c now tleoiguatetl by larr, tho towu of Cllaromorc. ?3. United States corDmiesionerg ehall Lo pernranontly established at YiDit{r, Claremoro, I'ahlequah, Salliearv, Fairland, antl },iorvata, in lhe Cherokee Nation. orrd the Uuited State-s judg6 of tbo northern distlict of Irrdian'ferritor.y sha.ll rrurke such appointurcnt of cournrissionors irs ma;' bo ileccnsary for thie purpoec. 74. All Cherokeo oitizens rvbo nray bo churgorl with nnl'r:riu:inal ohbuso s)rall bo triod rvithin thobouuds of tho Clrerokeo Nation nnrl in tho cour{, nearest to rvhich tho ofi'ouse is allcged to havo bcou courrrittetl, unless tlro

Page 031 ATTACHMENT NO. 9

Seventh Ann. Rept. of the Comm. Five Civ. Tribes (1900) (Excerpts)

Page 032 Page 033 Page 034 Page 035 Page 036 REPORT OP CO}f.MISSION TO PIVE CIVILIZED TRIBES. 13 and "Freedmen," entitled to tribal property in different proportions and on different conditions. There is also in the , in addition to the Chickasaw proper, a disputed claim of Freedmen, the validity of which is yet to be determined by a suit in the Court of Claims. The equal value of all allotment in these nations is to be determined in the face of superincumbent leaseholds covering a large portion of the area, carrying the right to mine all coal and other minerals in the same. The commission encounters every day other work preliminary to finalallotment, such as questions of compensation for improvements found on land taken by allottees, claims of a right of occupancy hy noncitizens in the way of allottees, and of priority of right to the same allotment. But what has already been called to notice will sufficeto bring this work into striking contrast with that of allotting to Indians on reservations, where all that is required is the allotment of a specific number of acres, without regard to comparative value, in such locality as seems best to the allotting commission, to each Indian found on the agency rolls, and then a disposal of what is left of the reservation. This work, necessarily preceding final all0tment, has largely engaged the attention of the commission during the past year, and with a better feeling among the tribes toward the work, bringing to its aid cooper­ ation and valuable assistance, encouraging progress has been made.

LEGISLATION AND AGREEMENTS. On the third of January, 1900, three members of the commission, Messrs. Dawes, Bixby, and McKennon, at the request of the Secretary, met, at the Department in "\Vashington, the chiefs of the Cherokee and Creek nations for consultation. This conference was held at the solici­ tation of those chiefs, who represented their respective tribes as very much dissatisfied with prospective allotment under the provisions of the Curtis Act. They were beginning to understand more clearly than ever the great disadvantage they would be subjected to, in contrast with the other tribes, unless their conditions could be brought by agree­ ments more in harmony with those which had been thus secured by them. They were for these reasons very anxious to open new nego­ tiations. The result of this conference was the appointment of a commission by each of these tribes with ample power, and negotia­ tions were at once opened at y.,rashington. These negotiations engaged the attention of these three commissioners at "\Vashington till agree­ ments were concluded with the Creeks on April 8 and with the Chero­ kee:,; on April 9. These agreements were immediately reported to the Secretary and by him laid before Congress for its action. Final action has not been taken on them by Congress. There is every indication that they are highly satisfactory to the great body of the citizens of both tribes, and that they will be speedily ratified by them at an early day after final action by Congress. When this is done, final allotment will he made in all the tribes upon terms and by a tenure of title to which they have each assented. The conditions and character of title will be substantially the same in them all, and will be the basis of an ultimate common government, the advantages of which will be common to all. This result will greatly

T Page 037 APPENDIXES.

APPENDIX NO. 1.

AcnenupNr BE-IwEENT rtn Uxttrn Strrtrs ColnrrssroN ToT rrn Frvn Crvrlrzun Tnu:rs nND TEE Cnrnoxpn Tnrnn or INlr,rss, Arnrr, 0, 1900.

..\GREE}'ENT.

This agreernent, by and between the United States, entered into in its behalf by the Commiss-ion to the l.'ive Civilized Tribes, Henry L. Darves, Tams Bixby, Archibald S. I\{cKennon, and T}romas B. Needles, duiy appointed and authorized thercunto, and the Cherokee tribe of Indiatrs, in the Indiarr 'Ierritory, entered into i-n behalf ot said tribe by Lucien B. Bell, Percy Wyly, Jcsee Cochran, antl Benjrrmin J. Hiltle- brand, duly appointed and authorizetl thereuuto- Witnesseth: 'Ihat, in consideration of the mutual undertakings herein coutained, it is agreed as foilows: I)E1rINIT]ONS. 1, The worde "nation" and "tribe" shall each be deeme