Page:United States Statutes at Large Volume 14.djvu/832

802 TREATY WITH THE CHEROKEE INDIANS. JUL! 19, 1866. pany or corporation, and their employes and laborers, while constructing and repairing the same, and in operating said road or roads, including all necessary agents on the line, at stations, switches, water-tanks, and all others necessary to the successful operation of a railroad, shall be protected in the discharge of their duties, and at all times subject to the Indian intercourse laws, now or which may hereafter be enacted and be in force in the Cherokee nation. G°¤°¤l °°¤¤· Anrtctn XII. The Cherokees agree that a general council, consisting °u' of delegates elected by each nation or tribe lawfully residing within the Indian territory, may be annually convened in said territory, which council shall be organized in such manner and possess such powers as hereinafter prescribed. census. First. After the ratification of this treaty, and as soon as may be deemed practicable by the Secretary of the Interior, and prior to the first session of said council, a census or enumeration of each tribe lawfully resident in said territory shall be taken under the direction of the commissioner of Indian affairs, who for that purpose is hereby authorized to designate and appoint competent persons, whose compensation shall be fixed by the Secretary of the Interior. and paid by the United States. First 2t°¤¤¤*~l Second. The first general council shall consist of one member from £`,£°£g,£°w each tribe, and an additional member for each one thousand Indians, or each fraction of a thousand greater than five hundred, being members of any tribe lawfully resident in said territory, and shall be selected by said tribes respectively, who may assent to the establishment of said general council; and if none should be thus formally selected by any nation or tribe so assenting, the said nation or tribe shall be represented in said general council by the chief or chiefs and headmen of said tribes, to be taken in the order of their rank as recognized in tribal usage, in the same number and proportion as above indicated. After the said census shall have been taken and completed, the superintendent of Indian affairs shall publish and declare to each tribe assenting to the establishment of such council the number of members of such council to which _ they shall be entitled under the provisions of this article, and the persons p1;*g¤:f°g;*;t entitled to represent said tribes shall meet at such time and place as he mw;,,g_ shall approve; but thereafter the time and place of the sessions of said Sessivnsnottc council shall be determined by its action: Provided, That no session in °‘°°°d 3° d“Y“‘ any one year shall exceed the term of thirty days: And provided, _SP°°**l $°¤· That special sessions of said council may be called by the Secretary of m°n°' the Interior whenever in his judgment the interest of said tribes shall require such special session. F`¤W¤r¤ of _ Third. Said general council shall have power to legislate upon matters g°°°"1°°""°*l’ pertaining to the intercourse and relations of the Indian tribes and nations and colonies of freedmen resident in said territory; the arrest and extradition of criminals and offenders escaping from one tribe to another, or into any community of freedmen ; the administration of justice between members of different tribes of said territory and persons other than Indians and members of said tribes or nations; and the common defence and safety of the nations of said territory. mlI#;*;'§é;;h°¤ *° All laws enacted by such council shall take effect at such time as may ` therein be provided, unless suspended by direction of the President of the United States. No law shall be enacted inconsistent with the Constitution of the United States, or laws of Congress, or existing treaty stipulations with _ _ the United States. Nor shall said council legislate upon matters other than {•v‘;§_'f;’g"':° those above indicated: Provided, however, That the legislative power of gg1mg8d_ Y such general council may be enlarged by the consent of the national council of each nation or tribe assenting to its establishment, with the approval of the President of the United States. President of Fourth. Said council shall be presided over by such person as may be °°°¤°iI· designated by the Secretary of the Interior.