Article 1. The United States being anxious to promote peace, friendship and intercourse with the Osage tribes, to afford them every assistance in their power, and to protect them from the insults and injuries of other tribes of Indians, situated near the settlements of the white people, have thought proper to build a fort on the right bank of the Missouri, a few miles above the Fire Prairie, and do agree to garrison the same with as many regular troops as the President of the United States may, from time to time, deem necessary for the protection of all orderly, friendly and well disposed Indians of the Great and Little Osage Nations, who reside at this place, and who do strictly conform to and pursue the counsels or admonitions of the President of the United States through his subordinate officers.

Art. 2. Abrogated by treaty of August 31, 1822. Proclaimed February 19, 1823.

Art. 3. The United States agree to furnish, at this place, for the use of the Osage Nations, a blacksmith, and 0023 2 tools to mend their arms, and utensils of husbandry, and engage to build them a horse mill, or water mill; also to furnish them with ploughs, and to build, for the great chief of the Great Osages, and for the great chief of the Little Osages, a strong block-house in each of their towns, which are to be established near this fort.

Art. 4. With a view to quiet the animosities, which at present exist between the inhabitants of the Territory of Louisiana and the Osage Nations, in consequence of the lawless depredation of the latter, the United States do further agree to pay to their own citizens, the full value of such property, as they can legally prove to have been stolen or destroyed by the said Osages, since the acquisition of Louisiana by the United States, provided, the same does not exceed the sum of five thousand dollars.

Art. 5. In consideration of the lands relinquished by the Great and Little Osages to the United States, as stipulated in the sixth article of this treaty, the United States promise to deliver at Fire Prairie, or at St. Louis, yearly, to the Great Osage Nation, merchandise to the amount or value of one thousand dollars, and to the Little Osage Nation, merchandise to the amount or value of five hundred dollars, reckoning the value of said merchandise at the first cost thereof in the city, or place in the United States, where the same shall have been procured.

And in addition to the merchandise aforesaid, the United States have, at and before the signature of these articles, paid to the Great Osage Nation, the sum of eight hundred dollars, and to the Little Osages, the sum of four hundred dollars.

Art. 6. And in consideration of the advantages which we derive from the stipulations contained in the foregoing articles, we, the chiefs and warriors of the Great and Little Osages, for ourselves and our nations, respectively, convenant and agree with the United States, that the boundary line between our nations and the United States, shall be as follows, to-wit: Beginning at Fort Clark on the 0024 3 Missouri, five miles above Fire Prairie, and running thence a due south course to the river Arkansas, and down the same to the Mississippi; hereby ceding and relinquishing forever to the United States, all the lands which lie east of said line, and north of the southwardly bank of said river Arkansas, and all lands situated northwardly of the river Missouri. And we do further cede and relinquish to the United States forever, a tract of two leagues square, to embrace Fort Clark, and to be laid off in such manner as the President of the United States shall think proper.

Art. 7. And it is mutually agreed by the contracting parties, that the boundary line hereby established, shall be run and marked at the expense of the United States, as soon as circumstances or their convenience will permit; and the Great and Little Osages promise to depute two chiefs from each of their respective Nations, to accompany the commissioner or commissioners, who may be appointed on the part of the United States, to settle and adjust the said boundary line.

Art. 8. And the United States agree that such of the Great and Little Osage Indians, as may think proper to put themselves under the protection of Fort Clark, and who observe the stipulations of this treaty with good faith, shall be permitted to live and to hunt, without molestation, on all that tract of country west of the north and south boundary line, on which they, the said Great and Little Osages have usually hunted or resided: Provided, The same be not the hunting grounds of any other nation or tribe of Indians in amity with the United States; and on any other lands within the Territory of Louisiana, without the limits of the white settlements, until the United States may think proper to assign the same as hunting grounds to other friendly Indians.

Art. 9. Lest the friendship which is now established between the United States and the said Indian nations should be interrupted by the misconduct of individuals, it is hereby agreed that for injuries done by individuals no 0025 4 private revenge or retaliation shall take place, but instead thereof, complaints shall be made by the party injured, to the other, by the said nations or either of them, to the superintendent or other person appointed by the President to the chiefs of said nation; and it shall be the duty of said chiefs, upon complaints being made as aforesaid, to deliver up the person or persons, against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the State or Territory, where the offense may have been committed; and in like manner, if any robbery, violence, or murder shall be committed on any Indian or Indians belonging to either of said nations, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed that the chiefs of the Great and Little Osages, shall to the utmost of their power, exert themselves to recover horses or other property which may be stolen from any citizen or citizens of the United States by any individual or individuals of either of their nations; and the property so recovered shall be forthwith delivered to the superintendent or other person authorized to receive it, that it may be restored to the proper owner; and in case where the exertions of the chiefs shall be ineffectual in recovering the property stolen as aforesaid, if sufficient proof can be adduced that such property was actually stolen by any Indian or Indians belonging to the said nations, or either of them, the superintendent, or other proper officer, may deduct from the annuity of the said nations, respectively, a stun equal to the value of the property which has been stolen. And the United States hereby guarantee to any Indian or Indians of the said nation, respectively; a full indemnification for any horses or other property, which may be Stolen from them by any of their citizens: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced, that it was actually stolen by a citizen of the United States. And the said 0026 5 nations of the Great and Little Osages engage, on the requisition or demand of the President of the United States, or of the superintendent, to deliver up any white man resident among them.

Art. 10. The United States receive the Great and Little Osage nations into their friendship and under their protection; and the said nations, on their part, declare that they will consider themselves under the protection of no other power whatsoever; disclaiming all right to cede, sell or in any manner transfer their lands to any foreign power, or to citizens of the United States, or inhabitants of Louisiana, unless duly authorized by the President of the United States to make the said purchase or accept the said cession on behalf of the Government.

Art. 11. And if any person or persons, for hunting or other purposes, shall pass over the boundary lines, as established by this treaty, into the country reserved for the Great and Little Osage Nations, without the license of the superintendent, or other proper officer, they, the said Great and Little Osages, or either of them, shall be at liberty to apprehend such unlicensed hunters or other persons, and surrender them, together with their property, but without other injury, insult or molestation, to the Superintendent of Indian Affairs, or to the agent nearest the place of arrest, to be dealt with according to law.

Art. 12. And the chiefs and warriors, as aforesaid, promise and engage that neither the Great nor Little Osage Nations, will ever, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, amunition or other implements of war.

Art. 13. This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President, by and with the advice and consent of the Senate of the United States.

Article 1. The chiefs and head men of the Great and Little Osages, for themselves and their nations, respectively, do consent and agree, that the commissioners of the United States shall and may survey and mark out a road, in such manner as they may think proper, through any of the territory owned or claimed by the Great and Little Osage nations.

Art. 2. The chiefs and head men as aforesaid, do further agree, that the road authorized in article one shall, when marked, be forever free for the use of the citizens of the United States and the Mexican republic, who shall at all times pass and repass thereon, without any hindrance or molestation, on the part of said Great and Little Osages.

Art. 3. The chiefs and head men as aforesaid, in consideration of the friendly relations existing between them and the United States, do further, promise, for themselves and their people, that they will on all fit occasions, render such friendly aid and assistance as may be in their power, to any of the citizens of the United States, or of the Mexican republic, as they may at any time happen to meet or fall in with on the road aforesaid.

Art. 4. The chiefs and head men as aforesaid, do further, consent and agree, that the road aforesaid shall be considered as extending to a reasonable distance on either side, so that travelers thereon may, at any time, leave the marked track, for the purpose of finding subsistance and proper camping places.

Art. 5. In consideration of the privileges granted by the chiefs of the Great and Little Osages in the three preceding articles, the said commissioners on the part of the United States, have agreed to pay to them, the said chiefs for themselves and their people, the sum of five hundred dollars; which sum is to be paid them as soon as may be, in money or merchandise at their option, at such place as they may desire.

Art. 6. And the said chiefs and head men; as aforesaid, 0038 17 acknowledge to have received from the commissioners aforesaid, at and before the signing of this treaty, artciles of merchandise to the value of three hundred dollars; which sum of three hundred dollars, and the payment stipulated to be made to the said Osages in article five, shall be considered and are so considered by said chiefs, as full and complete compensation for every privilege herein granted by said chiefs.

Art. 1. The Great and Little Osage Indians, make the following cessions to the United States.

Art. 2. In consideration of the cessions and obligations contained in the preceding article, the United States agree to the following stipulations on their part:

First. To pay to the said Great and Little Osage Indians, for the term of twenty years, an annuity of twenty thousand dollars to be paid in the Osage Nation, twelve thousand in money and eight thousand in goods, stock, 0039 18 provisions or money, as the President may direct.

Second. To furnish the Osage Nation, for the term of twenty years, two blacksmiths and two assistants, the latter to be taken from the Osage Nation, and to receive two hundred and twenty-five dollars each per year; each smith to be furnished with a dwelling house, shop and tools, and five hundred pounds of iron, and sixty pounds of steel annually.

Third. To furnish the Osage Nation with a grist and saw mill, a miller to each for fifteen years, and an assistant to each for eleven years, the latter to be taken from the Osage Nation, and receive each two hundred and twenty-five dollars per year; each miller to be furnished with a dwelling house, and the necessary tools.

Fourth. To supply the said Great and Little Osage Indians within their country with one thousand cows and calves, two thousand breeding hogs, one thousand ploughs: one thousand sets of horse gear; one thousand axes, and one thousand hoes; to be distributed under the direction of their agent and chiefs, as follows, viz: to each family who shall form an agricultural settlement, one cow and calf, two breeding hogs, one plough, one set of horse gear, one axe and one hoe. The stock, tools, &c., to be in readiness for delivery as soon as practicable after the ratification of this treaty, and the Osages shall have complied with the stipulations herein contained.

Fifth. To furnish the following-named chiefs, viz: Pa-hus-sca, Clermont. Chiga-wa-sa, Ka- he- gais- tanga, Tawan-ga-hais, Wa-cho-chais, Ni-ka-wa-chin-tanga. Tally. Gui-hira-ba-chais, Baptiste Mongrain, each with a house worth two hundred dollars; and the following-named chiefs, viz: Chi-to-ka-sa-bias, Wa-ta-ni-ga, Wa-tier-chi-ga, Chon-ta-sa-bias, Nan-gais-wa-ha-qui-hais, Ka-hi-gais-stierde-gais, Man-haie-spais-we-te-chis, Chow-gais-mo-non, Gretan-man-sais, Kan-sais-ke-cris, Cho-mi-ka-sais, Man-choki-da-chi-ga, each with a house worth one hundred dollars, and to furnish the above named chiefs with six good wagons, 0040 19 sixteen carts, and twenty-eight yoke of oxen, with a yoke and log-chain to each yoke of oxen, to be delivered to them in their own country, as soon as practicable after the ratification of this treaty.

Sixth. To pay all claims against said Osages, for depredations committed by them against other Indians or citizens of the United States, to an amount not exceeding thirty thousand dollars, provided, that the said claims shall be previously examined under the direction of the President.

Seventh. To purchase the reservations provided for individuals in the fifth article of the treaty of June 2nd, one thousand eight hundred twenty-five, at not exceeding two dollars per acre, to be paid to the respective reservees, excepting, however, from this provision, the tracts that were purchased in the fourth article of the treaty with the Cherokees of December 29th, one thousand eight hundred and thirty-five.

Eighth. To re-imburse the sum of three thousand dollars, deducted from their annuity in one thousand eight hundred and twenty-five, to pay for property taken by them which they have since returned.

Ninth. To pay to Clarmonts' hand their portion of the annuity for one thousand eight hundred twenty-nine, which was wrongfully withheld from them by the agent of the government, amounting to three thousand dollars.

Article. 1. The tribe of the Great and Little Osage Indians, having now more lands than are necessary for their occupation, and all payments from the Government to them under former treaties having ceased, leaving them greatly impoverished, and being desirous of improving their condition by disposing of their surplus lands, do hereby grant and sell to the United States the lands contained within the following boundaries, that is to say: 0042 21 Beginning at the southeast corner of their present reservation, and running thence north with the eastern boundary thereof fifty miles to the northeast corner; thence west with the northern line thirty miles; thence south fifty miles, to the southern boundary of said reservation and thence cast with said southern boundary to place of beginning: Provided, That the western boundary of said land herein ceded shall not extend farther westward than upon a line commencing at a point on the southern boundary of said Osage country one mile east of the place where the Verdigris River crosses the southern boundary of the State of Kansas. And, in consideration of the grant and sale to them of the above described lands, the United States agree to pay the sum of three hundred thousand dollars, which sum shall be placed to the credit of said tribe of Indians in the Treasury of the United States, and interest thereon at the rate of five per centum per annum shall be paid to said tribes semi-annually, in money, clothing, provisions, or such articles of utility as the Secretary of the Interior may, from time to time direct. Said lands shall be surveyed and sold under the direction of the Secretary of the Interior, on the most advantageous terms, for cash as public lands are surveyed and sold under existing laws, including any act granting lands to the State of Kansas in aid of the construction of a railroad through said lands; but no pre-emption claim or homestead settlement shall be recognized; and after reimbursing the United States the cost of said survey and sale, and the said sum of three hundred thousand dollars placed to the credit of said Indians, the remaining proceeds of sales shall be placed in the Treasury of the United States, to the credit of the “Civilization fund,” to be used, under the direction of the Secretary of the Interior, for the education and civilization of Indian tribes residing within the limits of the United States.

Art. 2. The said tribe of Indians also hereby cede to the United States a tract of land twenty miles in width 0043 22 from north to south, off the north side of the remainder of their present reservation, and extending its entire length from east to west: which land is to be held in trust for said Indians, and to be surveyed and sold for their benefit under the direction of the commissioner of the General Land Office, at a price not less than one dollar and twenty-five cents per acre, as other lands are surveyed and sold, under such rules and regulations as the Secretary of the Interior shall, from time to time, perscribe. The proceeds of such sales, as they accrue, after deducting all expenses incident to the proper execution of the trust, shall be placed in the Treasury of the United States to the credit of said tribe of Indians; and the interest thereon, at the rate of five per centum per annum shall be expended annually for building houses, purchasing agricultural implements and stock animals, and for the employment of a physician and mechanics, and for providing such other necessary aid as will enable said Indians to commence agricultural pursuits under favorable circumstances: Provided, That twenty-five per centum of the net proceeds arising from the sale of said trust lands, until said percentage shall amount to the sum of eighty thousand dollars, shall be placed to the credit of the school fund of said Indians, and the interest thereon, at the rate of five per centum per annum, shall be expended semi-annually, for the boarding, clothing and education of the children of said tribe.

Art. 3. The Osage Indians, being sensible of the great benefits they have received from the Catholic Mission, situate in that portion of their reservation herein granted and sold to the United States, do hereby stipulate that one section of said land, to be selected by the Commissioner of Indian Affairs so as to include the improvements of said mission, shall be granted in feesimple to John Schoenmaker, in trust, for the use and benefit of the society sustaining said mission, with the privilege to said Schoenmaker, on the payment of one dollar and twenty-five cents 0044 23 per acre, of selecting and purchasing two sections of land adjoining the section above granted: the said selection to be held in trust for said Society and to be selected in legal subdivisions of surveys, and subject to the approval of the Secretary of the Interior.

Art. 4. All loyal persons, being heads of families and citizens of the United States, or members of any tribe at peace with the United States, having made settlements and improvements as provided by the pre-emption laws of the United States and now residing on the lands provided to be sold by the United States, in trust for said tribe, as well as upon the said lands herein granted and sold to the United States, shall have the privilege, at any time within one year after the ratification of this treaty, of buying a quarter section each, at one dollar and twenty-five cents per acre; such quarter section to be selected according to the legal subdivision of surveys, and to include as far as practicable, the improvements of the settler.

Art. 5. The Osages being desirous of paying their just debts to James N. Coffey and A. B. Canville, for advances in provisions, clothing and other necessaries of life, hereby agree that the superintendent of Indian Affairs for the southern superintendency and the agent of the tribe shall examine all claims against said tribe, and submit the same to the tribe for approval or disapproval, and report the same to the Secretary of the Interior, with the proofs in each case, for his concurrence or rejection; and the Secretary may issue to the claimants script for the claims thus allowed, which shall be received as cash in payment for any of the lands sold in trust for said tribe: Provided, The aggregate amount thus allowed by the Secretary of the Interior shall not exceed five thousand dollars.

Art. 6. In consideration of the long and faithful services rendered by Charles Mongrain, one of the Principal Chiefs of the Great Osages, to the people, and in consideration of improvements made and owned by him on the land by this treaty sold by the United States, and in 0045 24 lieu of the provision made in article fourteen for the half-breed Indians, the heirs of the said Charles Mongrain, deceased, may select one section of land, including his improvements, from the north half of said land, subject to the approval of the Secretary of the Interior, and upon his approval of such selection it shall be patented to the heirs of the said Mongrain, deceased, in feesimple.

Art. 7. It is agreed between the parties hereto, that the sum of five hundred dollars shall be set apart each year from the moneys of said tribe, and paid by the agent to the chief.

Art. 8. The Osage Indians being anxious that a school should be established in their new home, at their request it is agreed and provided that John Schoenmaker may select one section of land within their diminished reservation, and upon the approval of such by the selection by the Secretary of the Interior, such section of land shall be set apart to the said Schoenmaker and his successors, upon condition that the same shall be used, improved and occupied for the support and education of the children of said Indians during the occupancy of said reservation by said tribe: Provided. That said lands shall not be patented, and upon the discontinuance of said school shall revert to said tribe and to the United States as other Indian lands.

Art. 9. It is further agreed that, in consideration of the services of Darius Rogers to the Osage Indians, a patent shall be issued to him for one hundred and sixty acres of land, to include his mill and improvements, on paying one dollar and twenty-five cents per acre and said Rogers shall also have the privilege of purchasing, at the rate of one dollar and twenty-five cents per acre, one quarter section of land adjoining the tract above mentioned, which shall be patented to him in like manner: said lands to be selected subject to the approval of the Secretary of the Interior.

Art. 10. The Osages acknowledge their dependence on 0046 25 the Government of the United States, and invoke its protection and care; they desire peace, and promise to abstain from war, and commit no depredations on either citizens or Indians; and they further agree to use their best efforts to suppress the introduction and use of ardent spirits in their country.

Art. 11. It is agreed that all roads and highways laid out by the state or general government shall have right of way through the remaining lands of said Indians, on the same terms as are provided by law, when made through lands of citizens of the United States; and railroad companies, when the lines of their roads necessarily pass through the lands of said Indians, shall have right of way upon the payment of fair compensation therefor.

Art. 12. Within six months after the ratification of this treaty the Osage Indians shall remove from the lands sold and ceded in trust, and settle upon their diminished reservation.

Art. 13. The Osage Indians having no annuities from which it is possible for them to pay any of the expenses of carrying this treaty into effect, it is agreed that the United States shall appropriate twenty thousand dollars, or so much thereof as may be necessary, for the purpose of defraying the expense of survey and sale of the lands hereby ceded in trust, which amount so expended shall be reimbursed to the Treasury of the United States from the proceeds of the first sales of said lands.

Art. 14. The half-breeds of the Osage tribe of Indians, not to exceed twenty-five in number, who have implements on the north half of the lands sold to the United States, shall have a patent issued to them, in feesimple for eighty acres each, to include, as far as practicable, their improvements, said half-breeds to be designated by the chiefs and head men of the tribe; and the heirs of Joseph Swiss, a half-breed, and a former interpreter of said tribe, shall, in lieu of the above provision, receive a title, in feesimple, to a half section of land, including his house and improvements, 0047 26 if practicable, and also a half section of the trust land; all of said lands to be selected by the parties, subject to the approval of the Secretary of the Interior.

Art. 15. It is also agreed by the United States, that said Osage Indians may unite with any tribe of Indians at peace with the United States, residing in the said Indian Territory, and thence afterwards receive an equitable proportion, according to their numbers, of all moneys, annuities, or property payable by the United States to said Indian tribe with which the agreement may be made; and in turn granting to said Indians, in proportion to their numbers, an equitable proportion of all moneys, annuities and property payable by the United States to said Osages.

Art. 16. It is also agreed by said contracting parties, that if said Indians should agree to remove from the State of Kansas, and settle on lands to be provided for them by the United States in the Indian Territory on such terms as may be agreed on between the United States and the Indian tribes now residing in said Territory or any of them, then the diminished reservation shall be disposed of by the United States in the same manner and for the same purposes as hereinbefore provided in relation to said trust lands, except that fifty per cent of the proceeds of the sale of said diminished reserve may be used by the United States in the purchase of lands for a suitable home for said Indians in said Indian Territory.

Art. 17. Should the Senate reject or amend any of the above article, such rejection or amendment shall not affect the other provisions of this treaty, but the same shall go into effect when ratified by the Senate and approved by the President.

Proclaimed January 21st, 1867

N. G. TAYLOR, [SEAL.] President of Commission.

THOMAS MURPHY, [SEAL.]

GEORGE C. SNOW, [SEAL.]

ALBERT G. BOONE, [SEAL.] Commissioners.

A. N. BLACKLIDGE, Secretary of Commission.

JOSEPH PAW-NE-NO-PASHE, or White Hair, his X mark, Principal Chief.

Gah-he-gah-ton-gah, (chief Clamor's band,) his X mark.

Black Dog, (chief of Black Dog's band,) his X mark.

Dog Thief, (2nd chief Big Hill band,) his X mark.

Mon-shon-o-lar-ka, (2nd chief Young Clamont's band,) his X mark.

William Penn, (2d chief Black Dog's band,) his X mark.

Big Heart, his X mark.

Kan-sa-gah-ne, (1st coun. to Big Hill band,) his X mark.

Che-sha-la-sha, (3d chief Big Hill's) his X mark.

Wa-che-wa-he, (3d chief Clamont's band,) his X mark.

Major Broke-arm,(3d chief Black Dog's band,) his X mark.

Ma-i-ka-ha,(4th chief Black Dog's band.) his X mark.

Clar-mont, (chief of Carmont band,) his X mark.

Tan-non-ge-he, (chief Big Hill band,) his X mark.

Little Beaver, (2d chief White Hair's band,) his X mark.

No-pa-wala, (1st chief Little Osage.) his X mark.

Strike Axe, (2d chief Little Osage,) his X mark.

Tallers, (2d chief Clannor's band.) his X mark.

Wah-ho-pa-wah-no-sha, his X mark.

Wa-sho-pi-wat-tanka,(4th chief Little Osages.) his X mark.

Wa-ti-sanka, (4th chief Little Osages,) his X mark.

Thes-a-watanga, (3d chief To-nan-sha-hees.) his X mark.

Wy-o-ha-ke, (3d chief Little Osages,) his X mark.

Tall Chief, (4th chief Big Hill's.) his X mark.

Mo-en-e-she, his X mark.

Ho-wa-sa-pa, (Big Chief's band,) his X mark.

Wa-ta-an-ka,(prin. coun. Big Chief's band.) his X mark.

Ne-ka-ka-honey,(prin. coun. BlackDog's band.) his X mark.

Black Bird, (Joe's band,) his X mark.

Non-se-an-ka, (Black Dog's band.) his X mark.

Wa-ko-e-wa-sha, (Big Hill brave,) his X mark.

Sa-pe-ke-sa, (2d councillor to Big Camer.) his X mark.

Was-come-ma-neh, (Clarmont brave,) his X mark.

To-tan-ka-she, (Clarmont Brave,) his X mark.

Sa-pa-ko-a, (Clarmont brave,) his X mark.

Wa-sha-she-wat-ian-ker, (Clarmont brave.) his X mark.

Mo-sha-o-ker-shan, (Big Hill brave.) his X mark.

Che-wa-te, (Little Osages,) his X mark.

Wa-ho-pa-inka, (Little Osages,) his X mark.

Mathew, (Little Osages,) his X mark,

Hard Chief, (Little Osages,) his X mark.

Wa-ka-le-sha, (Little Osages.) his X mark.

Skinka-wa-ti, (Little Osages.) his X mark.

Wa-sho-she, (Little Osages,) his X mark.

Pa-ne-no-pa-sha, (Little Osages.) his X mark.

Che-to-pah,(principal councilor Little Osages,) his X mark.

Hard Rope, (White Hair's prin. coun.) his X mark.

We-pi-she-way-lap, (Beaver's councillor,) his X mark.

Ke-no-e-nen-ke, (2d coun. to White Hair,) his X mark.

Wa-la-ho-na, (councillor White Hair's band,) his X mark.

Ka-ke-k-wa-ti-anka, (little chief White Hair's band,) his X mark.

Ta-pi-gua-la, (little chief White Hair's band.) his X mark.

Yellow Horse, (Big Hill brave.) his X mark.

Go-she-seer, (brave Big Hill band,) his X mark.

No-son-ta-she, (Big Hill brave,) his X mark.

Ne-ko-con-see, (Big Hill brave.) his X mark.

Wa-pe-sum-see, his X mark.

Ne-ko-leverla, his X mark.

Va-ha-su-she, (3d chief Big Hills,) his X mark.

Joseph Paw-ne-no-pashe's braves,

Or-le-he-non-she, his X mark.

Cho-she-mon-nee, his X mark.

Him-sha-ga-cire, his X mark.

Wa-kon-ta-okee, his X mark.

Wa-shin-pe-she, his X mark.

Gron-na-ta-ne-gah, his X mark.

Ha-gha-nee, his X mark.

Ne-char-you-law, his X mark.

Paw-nee-way-na-taw, his X mark.

Wa-hon-ga-ta-gon-she, his X mark.

War Eagle, his X mark.

Ne-cha-na-shon-tow-ga, his X mark.

Ka-ke-ga-wa-ta-ghe, his X mark.

Non-son-do-she, his X mark.

Wa-mon-cha-na-che, his X mark.

Pa-hon-do-gra-he, his X mark.

Strike Ax, his X mark.

Ka-tum-mo-ne, (White Hair brave,) his X mark.

Pe-she-o-la-ha, (White Hair brave.) his X mark.

Wa-she-ti-in-gah, (White Hair brave,) his X mark.

Big Elk, (White Hair brave,) his X mark.

Ki-he-di-na-she-p-she, (Beaver's little chief,) his X mark.

Ka-he-ga-sta-ka, (little chief Beaver's band,) his X mark.

Ve-ne-ka-ka, (little chief Beaver's band,) his X mark.

Wolfe, (little chief Beaver's band,) his X mark.

Wa-no-pa-she, his X mark.

Ne-ko-le-bra, his X mark.

Shin-ko-wa-sah, (Beaver's councillor,) his X mark.

Men-ti-anka, (brave,) his X mark.

O-pon-to-ga, (3d chief Clarmont's band,) his X mark.

Wa-he-sa-he, (principal councillor old Lamor,) his X mark.

Ho-ne-ka-she, his X mark.

Night, his X mark.

Wolfe, (4th chief Clarmore's band,) his X mark.

Kob-ka-she, his X mark.

Wa-sha-tun-ka, his X mark.

Her-la-she, his X mark.

Le-he-pie, his X mark.

Pa-hungra-ha-hie, his X mark.

Ne-ka-gone, his X mark.

Ma-ke-o-ti-ke, his X mark.

Me-lo-tu-mu-ni, (12 o'clock,) his X mark.

O-cunse-wa-skun, his X mark.

No-pa-wa-hre, his X mark.

Ka-la-wa-sho-she, his X mark.

Me-kas-ko-a-la-quah, his X mark.

Kon-sa-ka-a-ree, his X mark.

O-kee-pa-lo, his X mark.

Alex'r R. Banks, Special United States Indian Agent.

George W. Yates, Captain 7th United States Cavalry.

J. S. Kalloch.

M. W. Reynolds, Reporter for Commission.

Moses Neal.

Charles Robinson.

W. P. Murphy.

William Babcock.

ALEXANDER BEYETT, United States Interpreter.

LEWIS P. CHOUTEAU, Special Interpreter.

AUGUSTUS CANTAIRE, Special Interpreter.

By DENNIS W. BUSHYHEAD, [L. S.] Principal Chief.

RICHARD M. WOLFE, [L. S.]

ROBERT B. ROSS, [L. S.] Delegates of the said Cherokee Nation.

Section 1. The boundary of the Osage Nation shall be that described in the treaty of 1876 between the United States and the Great and Little Osages, except that portion purchased by the Kaws.

Sec. 2. The lands of the Osage Nation shall remain common property, until the National Council shall request an allotment of the same, but the improvements made thereon and in possession of the citizens of this Nation are the exclusive and indefeasible property of the citizens respectively who made or may rightfully be in possession of them. Provided, That the citizen of this Nation 0073 52 possessing exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or to individual citizens thereof; and that, whenever any citizen shall remove with his effects out of the limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, Nevertheless, That the National Council shall have power to re-admit by law, to all the rights of citizenship any such persons who may at any time desire to return to the Nation, on memorializing the National Council for such re-admission.

Section 1. The power of this government shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial.

Sec. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases hereinafter expressly directed or permitted.

Section. 1. The legislative power shall be vested in a National Council, and the style of their acts shall be:— Be it enacted by the National Council.

Sec. 2. The National Council shall make provision, by law, for laying off the Osage Nation into five districts, and, if subsequently it should be deemed expedient, one or two may be added thereto.

Sec. 3. The National Council shall consist of three members from each district, to be chosen by the qualified electors in their respective district, for two years, the elections to be held in the respective districts every two years, 0074 53 at such times and places as may be directed by law.

The National Council shall, after the present year, be held annually, to be convened on the first Monday in November, at such place as may be designated by the National Council, or, in case of emergency, by the Principal Chief.

Sec. 4. Before the districts shall be laid off, any election which may take place, shall be by general vote of the electors throughout the Nation, for all officers to be elected.

The first election for all officers of the government—Chiefs, Executive Council, members of the National Council, Judges and Sheriffs—shall be held at Pawhuska, before the rising of this council; and the term of service of all officers elected previous to the first Monday in November, 1882, shall be extended to embrace, in addition to the regular constitutional term, the time intervening from their election to the first Monday in November, 1882.

Sec. 5. No person shall be eligible to a seat in the National Council, but an Osage male citizen, who shall have attained to the age of twenty-five years.

Sec. 6. The members of the National Council shall in all cases, except those of felony or breach of the peace, be privileged from arrest, during their attendance at the National Council, in going to, and returning.

Sec. 7. In all elections by the people the electors shall vote viva voce. All male citizens, who shall have attained to the age of eighteen years, shall be equally entitled to vote at all public elections.

Sec. 8. The National Council shall judge of the qualifications and returns of its own members, determine the rules of its proceedings, punish a member for disorderly behavior, and with the concurrence of two-third, expel a member; but not a second time for the same offense.

Sec. 9. The National Council, when assembled, shall choose its own officers; a majority shall constitute a quorum to do business, but a smaller number may adjourn from 0075 54 day to day and compel the attendance of absent members, in such manner, and under such penalty as the council may prescribe.

Sec. 10. The members of the National Council shall each receive a compensation for their services, which shall be one hundred dollars per annum: Provided, That the same may be increased or diminished by law; but no alteration shall take effect during the period of services of the members of the National Council by whom such alteration may have been made.

Sec. 11. The National Council shall regulate by law, by whom, and in what manner, writs of elections shall be issued to fill the vacancies which may happen in the Council thereof.

Sec. 12. Each member of the National Council, before he takes his seat, shall take the following oath or affirmation:

“I, A. B., do solemnly swear (or affirm, as the case may be) that I have not obtained my election by bribery, treat, or any undue and unlawful means, used by myself, or others, by my desire or approbation for that purpose; that I consider myself constitutionally qualified as a member of—, and that on all questions and measures which may come before me, I will so give my vote, and so conduct myself, as, in my judgment, shall appear most conducive to the interest and prosperity of this Nation, and that I will bear true faith and allegiance to the same, and to the utmost of my ability and power, observe, conform to, support, and defend the constitution thereof.”

Sec. 13. No person who may be convicted of felony shall be eligible to any office or appointment of honor, profit or trust, within this Nation.

Sec. 14. The National Council shall have power to make all laws and regulations which they shall deem necessary and proper for the good of the Nation, which shall not be contrary to this constitution.

Sec. 15. It shall be the duty of the National Council to pass such laws as may be necessary and proper to decide differences by arbitration, to be appointed by the parties who may choose that summary mode of adjustment.

Sec. 16. No power of suspending the laws of this Nation 0076 55 shall be exercised, unless by the National Council or its authority.

Sec. 17. No retrospective law, nor any law impairing the obligations of contracts, shall be passed.

Sec. 18. The National Council shall have power to make laws for laying and collecting taxes for the purpose of raising a revenue.

Sec. 19. All acknowledged treaties shall be the supreme law of the land, and the National Council shall have the sole power of deciding on the constructions of all treaty stipulations.

Sec. 20. The Council shall have the sole power of impeaching. All impeachments shall be tried by the National Council, when sitting for that purpose; the members shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present.

Sec. 21. The Principal Chief, Assistant Principal Chief, and all civil officers shall be liable to impeachment for misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust, or profit under the government, of this Nation. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law.

Section 1. The supreme executive power of this Nation shall be vested in a Principal Chief, who shall be styled “The Principal Chief of the Osage Nation.” The Principal Chief shall hold his office for the term of two years, and shall be elected by the qualified electors on the same day; and at the place where they shall respectively vote for members to the National Council. The returns of the elections for Principal Chief shall be sealed up and directed to the President of the National Council, who shall open and publish them in the presence of the Council 0077 56 assembled. The person having the highest number of votes shall be Principal Chief, but if two or more shall be equal and highest in votes, one of them shall be chosen by vote of the National Council; the manner of determining contested elections shall be directed by law.

Sec. 2. No person, except a natural born citizen, shall be eligible to the office of Principal Chief; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years.

Sec. 3. There shall also be chosen, at the same time, by the qualified electors, in the same manner, for two years, an Assistant Principal Chief, who shall have attained to the age of thirty-five years.

Sec. 4. In case of the removal of the Principal Chief from office, or of his death, or resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Assistant Principal Chief.

Sec. 5. The National Council may, by law, provide for the case of removal, death, resignation, or disability of both the Principal and Assistant Principal Chief, declaring what officer shall then act as Principal Chief until the disability be removed or a Principal Chief shall be elected.

Sec. 6. The Principal Chief and the Assistant Principal Chief shall, at stated times, receive for their services a compensation which shall neither be increased nor diminished during the period for which they shall have been elected, and they shall not receive within that period any other emolument from the Osage Nation or any other government.

Sec. 7. Before the Principal Chief enters on the execution of his office, he shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the duties of Principal Chief of the Osage Nation, and will, to the best of my ability, preserve, protect, and defend the Constitution of the Osage Nation.”

Sec. 8. He may, on extraordinary occasions, convene 0078 57 the National Council at the seat of government.

Sec. 9. He shall, from time to time, give to the Council information of the state of the government, and recommend to their consideration, such measures as he may deem expedient.

Sec. 10. He shall take care that the laws be faithfully executed.

Sec. 11. It shall be his duty to visit the different districts at least once in two years, to inform himself of the general condition of the country.

Sec. 12. The Assistant Principal Chief shall by virtue of his office, aid and advise the Principal Chief in the administration of the government at all times during his continuance in office.

Sec. 13. Vacancies that may occur in offices, the appointment of which is vested in the National Council shall be filled by the Principal Chief during the recess of the National Council, by granting commissions, which shall expire at the end of the next session thereof.

Sec. 14. Every bill, which shall pass the National Council, shall, before it becomes a law, be presented to the Principal Chief; if he approves, he shall sign it, but if not, he shall return it with his objections to the Council, who shall enter the objections at large on their journals, and proceed to reconsider it.

If, after such consideration, two-thirds of the Council shall agree to pass the bill, it becomes a law, if any bill shall not be returned by the Principal Chief within five days (Sunday excepted) after the same has been presented to him, it shall become law, in like manner as if he had signed it; unless the National Council, by their adjournment, prevent its return, in which case it Shall be a law, unless sent back within three days after their next meeting.

Sec. 15. Members of the National Council and all officers, executive and judicial, shall be bound by oath, to support the Constitution of their Nation; and to perform 0079 58 the duties of their respective offices with fidelity.

Sec. 16. The Principal Chief shall, during the session of the National Council, attend at the seat of government.

Sec. 17. The Principal Chief shall recommend three persons, to be appointed by the National Council, whom the Principal Chief shall have full power at his discretion to assemble; he, together with the Assistant Principal Chief and the Counsellors, or a majority of them, may, from time to time, hold and keep a Council for ordering and directing the affairs of the Nation according to law.

Sec. 18. The members of the Executive Council shall be chosen for the term of two years.

Sec. 19. The Treasurer of the Osage Nation shall be chosen by the National Council for the term of two years.

Sec. 20. The Treasurer shall, before entering on the duties of his office, give bond to the Nation with sureties to the satisfaction of the National Council, for the faithful discharge of his trust.

Sec. 21. No money shall be drawn from the treasury, but by warrant from the Principal Chief, and in consequence of appropriations made by law.

Sec. 22. It shall be the duty of the Treasurer to receive all public moneys, and to make a regular statement and account of the receipts and expenditures of all public moneys at the annual session of the National Council.

Sec. 23. The “Fiscal Year” of the Osage Nation shall begin on the 1st day of October, and close on the 30th day of September of each year; and all books and accounts of the Treasurer, shall be kept, and duties of his office performed with regard to the beginning and ending of the fiscal year. The National Treasurer shall receive for his services ten (10) per cent. of all moneys that may pass through his hands as provided by law.

Section 1. The judicial powers shall be vested in a supreme court, and such circuits and inferior courts as the National Council may, from time to time, ordain and establish.

Sec. 2. The judges of the Supreme and Circuit courts shall hold their commission for the term of two years, but any of them may be removed from office on the address of two-thirds of the National Council to the Principal Chief, for that purpose.

Sec. 3. The judges of the Supreme court and Circuit courts, shall at stated times receive a compensation which shall not be diminished during their continuance in office, but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under the government of this Nation or any other power.

Sec. 4. No person shall be appointed a judge of any of the courts, until he shall have attained the age of thirty years.

Sec. 5. The judges of the Supreme courts and Circuit courts shall be elected by the National Council.

Sec. 6. The judges of the Supreme courts and of the Circuit courts shall have complete criminal jurisdiction in such cases and in such manner as may be pointed out by law.

Sec. 7. No judge shall sit on trial of any cause when the parties are connected (with him) by affinity or consanguinity except by consent of the parties. In case all the judges of the Supreme court shall be interested in the issue of any court or related to all or either of the parties, the National Council may provide by law for the selection of a suitable number of persons of good character and knowledge for the determination thereof, and who shall be specially commissioned for the adjudication of such case by the Principal Chief.

Sec. 8. All writs and other process shall run “in the name of the Osage Nation” and bear test and be signed by the respective clerks.

Sec. 9. Indictments shall conclude against the peace and dignity of the Osage Nation.

Sec. 10. The supreme court shall, after the present year, hold its session three times a year, at the seat of government, to be convened on the first Monday in October, February and June of each year.

Sec. 11. In all criminal prosecutions the accused shall have the right of being heard; of demanding the nature of accusation; of meeting the witnesses face to face; of having compulsory process for obtaining witnesses in his or their favor, and in prosecutions by indictment or information a speedy public trial; nor shall the accused be compelled to give evidence against himself.

Sec. 12. All persons shall be bailable by sufficient securities, unless for capital offences when the proof is evident or presumption great.

Section 1. No person who denies the being of a God or a future state of reward and punishment, shall hold any office in the civil department in this Nation.

Sec. 2. When the National Council shall determine the expediency of appointing delegates, or other public agents for the purpose of transacting business with the Government of the United States, the Principal Chief shall recommend, and by the advice and consent of the National Council appoint and commission such delegates or public agents accordingly on all matters of interest touching the rights of the citizens of this Nation which may require the attention of the United States Government.

Sec. 3. All commissions shall be in the name and by the authority of the Osage Nation, and signed by the Principal Chief. The Principal Chief shall make use of his private seal until a national one shall be provided.

Sec. 4. A sheriff shall be elected in each district by the qualified electors thereof, who shall hold his office two years unless sooner removed. Should a vacancy occur subsequent to election, it shall be filled by the Principal Chief as in other cases, and the person so appointed shall 0082 61 continue in office until the next regular election.

Sec. 5. The appointment of all officers not otherwise directed by this constitution shall be elected by the National Council.

Sec. 6. The National Council may propose such amendments to this Constitution as two-thirds of the Council may deem expedient, and the Principal Chief shall issue a proclamation directing all officers of the several districts to promulgate the same as extensively as possible within their respective districts at least six months previous to the next general election, and if at the first session of Council after such general election, two-thirds of the Council shall by ayes and noes ratify such proposed amendments, they shall be valid to all extent and purposes as part of this constitution, Provided, That such proposed amendments shall be read on three several days in Council, as well as when the same are proposed as when they are ratified.

JAMES BIGHEART President of the National Convention.

Ne-kah-ke-pon-ah.

Wah-ti-an-kah.

Saucy Chief.

Tah-wah-che-he.

William Penn.

Clamore.

Two-giver.

Tall Chief.

Sa-pah-ke-ah.

Black Dog.

Thomas Big-chief.

Ne-kah-wah-she-ton-kah.

Joseph Pawnee-no-pah-she.

White Hair.

Cyprian Tayrian.

Paul Akin, Interpreter.

E. M. Matthews, Secretary.

(1) Section 1. That the seat of the Osage Government is hereby established at Pawhuska.

(2) Sec. 2. The court established under the Government of this Nation, shall have jurisdiction of all suits rising under the constitution and laws of the Osage Nation.

(3) Sec. 3. There shall be established a Supreme Court which shall consist of one Chief Justice and two Associate Judges, who shall decide all civil cases

(4) Sec. 4. It shall he the duty of the three judges to choose two persons of good character and knowledge, who shall, in conjunction with them, constitute a court for the purpose of hearing and deciding all criminal cases. The compensation of persons chosen shall be one dollar and fifty cents per day while in actual service.

(5) Sec. 5. No citizen of the Osage Nation who may be employed by the United States Government, as police, shall be chosen to sit as judge in the court of the Osage Nation.

(6) Sec. 6. The commencement of all suits shall be by summons obtained from the clerk of the court, and which summons shall state the nature of the case upon which proceedings are founded, and he served by some lawful officer at least twenty days before the holding of said court, and such summons shall be returnable to the clerk with a certificate of service, and the court shall give judgment as the right of the cause, and the matter in law, shall appear under them without regarding any imperfection, defect or want of form in such summons or process.

(7) Section. 1. All written or verbal wills of deceased persons, when proved to the satisfaction of one of the judges of the court, shall be valid, and if by such will, any person or persons are designated to manage the business of any estate so left, such person shall receive from one of the judges of the court a written appointment for that purpose, and be required to enter into bond with sufficient security, for the faithful management of such business, in accordance with the provisions of said will, and for the careful preservation of all property and effects so left, all such wills shall be registered by the clerk of the court. All persons so appointed shall furnish, on oath, a schedule and description of all property and effects belonging to such estate, and which shall likewise be registered by the said clerk.

(8) Sec. 2. Executors of wills and administrators on estate of deceased persons shall report annually to the judges of the court at the June term of the Supreme Court, the condition of, and all that may have been done by them in reference to the business, property and effects of such estate, as such persons may have in charge.

(9) Sec. 3. Executors of wills and administrators shall be entitled to a compensation of eight per cent. upon the amount of property and effects belonging to an estate. for their services, which shall be appraised by two or more persons to be appointed by the Chief Justice under oath.

(10) Sec. 4. When a person dies without having made a will, one of the judges shall grant letters of administration to some competent and responsible person, to be selected from among the relatives of the deceased, if the 0086 65 safety of such property as may be left seems to warrant, and who shall be required to enter into bond, as provided above. And the property and effects shall belong equally to the children; the widow, also, of such deceased person shall be entitled to an equal share with the children, to be apportioned to her whenever she requires it, and the settlement of the business will safely permit, and the residue to the children as they become of age, to-wit: males at eighteen years, and females at fifteen years, and in case such widow shall again marry and hold her property separately from her husband, and shall die without issue from her second marriage, such property shall be divided among the aforesaid children, and in all cases where the wife dies holding property as above, and has children, and the husband survives, such property shall likewise be equally apportioned among the children and the husband; and if such husband should again marry and die without issue from such seemed marriage, his property shall be divided equally among his children. Any administrator, who may have charge of an estate, shall settle all just debts due out of its effects, and collect all outstanding claims in its favor. He shall cause public notice to be given, by written advertisements, for all persons having demands against such estate to bring them forward for settlement within twelve months, otherwise they shall be void and not recoverable by law.

(11) Sec. 1. Before any person shall be allowed to appear before the court of this Nation for the purpose of practicing at law, he shall obtain a license from the clerk thereof, and pay in advance annually the sum of five dollars to practice before the court, and be required to take an 0087 66 oath that he will to the best of his knowledge and ability support and defend all cases that may be entrusted to his care.

(12) Sec. 2. Any person engaged in the practice of law agreeable to the provisions of this act, who shall be convicted before the court of bribing or otherwise influencing any person to keep them from appearing at court, or proving unfaithful to their duties and oaths, shall be subject to a fine of twenty-five dollars, and the revocation of their license. All fines collected under the provision of this act shall be paid into the treasury.

(13) Section 1. That in all cases of willful murder, the offender, upon trial and conviction by the authorized court of this Nation, shall suffer death, and when sentence of death shall have been passed, the court shall grant a respite of five days before such criminal shall be executed.

(14) Sec. 2. If any person shall, with a dangerous weapon, or with intent to kill, rob, steal or to commit a mayhem or rape, or to perpetrate any other felony, commit an assault on another, such person shall, on conviction thereof, be deemed guilty of a felony and punished by a fine not exceeding one thousand ($1,000) dollars and be imprisoned in the Osage National prison, not less than one (1) year, nor more than five (5) years, according to the aggravation of the offense.

(15) Sec. 3. Every person who shall aid or abet any person in violating the provisions of the preceding section, his or her councellors, aiders and abettors, shall be deemed guilty of felony; and shall, upon conviction thereof, be punished by a fine not exceeding one thousand ($1,000) dollars and imprisonment in the Osage National prison 0088 67 not less than one (1) year, nor more than five (5) years, according to the aggravation of the offense.

(16) Sec. 4. Any person who shall unlawfully assault, or beat, or wound another, under such circumstances as not to constitute any other offense hereinbefore defined, shall upon conviction thereof, be deemed guilty of a misdemeanor and fined in a sum not exceeding five hundred ($500), or by imprisonment not exceeding one (1) year.

(17) Sec. 5. Every person who shall felonously steal, take and carry, lead or drive away the personal goods or property of another, of the value of twenty ($20) dollars or upwards, shall be deemed guilty of grand larceny, and upon conviction be fined not exceeding double the value of goods stolen, and be imprisoned in the Osage National prison not less than three (3)months, nor more than five (5) years, and be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

(18) Sec. 6. Every person who shall steal, take and carry, lead or drive away any personal property or goods of another, of the value of any sum not exceeding twelve (12) dollars, shall be deemed guilty of petty larceny, and upon being convicted, shall be fined not less than twenty-five (25) dollars, nor more than one hundred ($100) dollars, and be imprisoned not less than one (1) year, nor more than twelve (12) months, and rendered incapable of holding any office for any determinate period: PROVIDED HOWEVER, That any person, shall, on a second conviction of petty larceny, suffer the punishment prescribed for grand larceny.

(19) Sec. 7. Any person who shall willfully and knowingly destroy or attempt to destroy, or with intent to steal or destroy, shall take and carry away any record, paper or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any paper or document or record filed or deposited in any public office, or with any judicial or public officer, shall without reference 0089 68 to the value of the record, paper, document or proceeding, so taken, be deemed guilty of a felony, and on conviction thereof, shall pay a fine not exceeding two thousand ($2,000) dollars, or suffer imprisonment not exceeding two (2) years, or both, as the court in its discretion shall adjudge.

(20) Sec. 8. Any officer having the custody of any record, document, paper or proceeding, specified in the last preceding section of this act, who shall fraudulently take away or withdraw or destroy any record, document, paper or proceeding filed in his office, or deposited with him or in his custody, shall be deemed guilty of felony, and on conviction thereof, shall pay a fine not exceeding two thousand ($2,000) dollars, or suffer imprisonment not exceeding two (2) years, or both, as the court in its discretion shall adjudge; and shall forfeit his office and be forever afterwards disqualified from holding any office.

(21) Sec. 9. Any person who shall purchase, receive, harbor or help in the harboring of any stolen article or property, knowing the same to have been stolen, shall, upon being found guilty thereof, suffer the punishment prescribed in case of larceny.

(22) Sec. 10. If any person shall willfully and maliciously break or enter into any public building belonging to the Osage Nation, or to any town or district thereof, or to any corporation, association or society, or into any church, dwelling house, meeting house, smoke house or into any other house or outhouse with intent to steal or commit any other felony whatever, shall be deemed guilty of burglary, and upon conviction be imprisoned in the Osage National prison not less than one (1) year, nor more than five (5) years, at the discretion of the court.

(23) Sec. 11. If any person being armed with an offensive weapon or instrument, shall, by intimidation, force or violence, take the personal property of another in his presence or from his person, shall be deemed guilty of robbery, and shall be imprisoned and kept at hard labor 0090 69 not exceeding five (5) years, nor less than one (1) year.

(24) Sec. 12. Every person who shall falsely make or assist to make, deface or destroy, alter, forge or counterfeit or cause to be falsely made, defaced, destroyed, altered, forged or counterfeited any record, deed, will,obligatory bill of exchange, promissory note, receipt for the payment of money or property, power of attorney, certificate of judge or other public officer, council order, acceptance or indorsement of any bill of exchange, promissory note, draft order or assignment of any bond wrighting or obligatory or promissory note for money or property, or any other instrument in writing, or any person who shall utter or publish as true, any such instrument, knowing the same to be false, defaced, altered, forged and counterfeited with intent to defraud any person, body politic or corporate, shall be deemed guilty of forgery, and upon conviction, shall be imprisoned in the Osage National prison not less than six (6) months not more than five (5) years.

(25) Sec. 13. Any high sheriff, clerk of the supreme court, treasurer, or any officer or agent of the Osage Nation, or any sheriff, clerk of a court, treasurer, or any officer of any district or township, or any constable, or marshal, or justice of the peace, or other officer of any incorporated town or city, who fraudulently fails or refuses, at the expiration of the term for which he was elected or appointed, or at any time during such term when legally required, by the proper person or authority, to account for and pay over to such person or persons as may be lawfully entitled to receive the same, all moneys which may have come into his hands by virtue of his said office, shall, upon conviction, be imprisoned in the Osage National prison not less than one (1) year, nor more than five (5) years, and be fined not exceeding one thousand ($1,000) dollars. and rendered incapable of holding any office of trust or profit.

(26) Sec. 14. It shall be the duty of each sheriff, clerk and treasurer of the Osage Nation, or of the several 0091 70 districts of the Osage Nation, or of any township, incorporated town or city, and all other officers and agents receiving money in their official capacity, at the expiration of his term of office, to pay over to his successor in office all moneys to whomsoever due; of every description remaining in his bands at the expiration of such term and take the receipt of such successor and therefore, on his official bond, as if the same had been originally collected by him, and any clerk, sheriff, treasurer, or other officer or agent so failing to pay over any moneys to parties entitled to receive the same when called on to do so, shall be deemed guilty of embezzlement, and fined not exceeding one thousand ($1,000) dollars, and be imprisoned in the Osage National prison not less than one (1) year, not more than five (5) years.

(27) Sec. 15. Every president, director, cashier, secretary, treasurer, teller, clerk, book-keeper, agent or other employee of any bank, banking company, corporation or association, and every president, director, secretary, cashier, treasurer, conductor, book-keeper, clerk, agent or other employee of any company, corporation or association or of any merchant trader or person or persons engaged in any business whatever, who, while in such employment as aforesaid, shall purloin, secrete, or in any way whatever fraudulently appropriate to his or her use or the use of others any of the moneys, coins, bills, notes, credits, choses in action, or other property or article of value belonging to or deposited with any such bank, banking company. corporation, association or other company to any such, merchant, trader, manufacturer, person or persons engaged in business aforesaid, in whose employment he or she may be, shall be deemed guilty of embezzlement, and upon conviction, shall be imprisoned in the Osage National prison not less than one (1) year, nor more than five (5) years, and fined not exceeding one thousand ($1,000) dollars.

This statute is intended only to punish acts that are not punishable by the statute concerning larceny

(28) Sec. 16. Any member of the Osage National Council, any Judge or Justice of the Osage Nation, or any person acting for or on behalf of the Osage Nation in any capacity under or by virtue of the authority of any branch or office of the government thereof, or any officer or person acting for or on behalf of the Osage National Council or of any committee thereof, either before or after he has been qualified or has taken his seat as such member. judge, officer or person who asks, accepts or receives any money or any promise, contract or undertaking, obligation, gratuity or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his vote, decision or action on any question, matter or proceeding, which may at any time be pending or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be punished by a fine not exceeding three times the amount asked, accepted or received, or by imprisonment in the Osage National prison not more than three(3) years.

(29) Sec. 17. Every person who promises, offers, gives or causes or procures to be promised, offered or given any money, or other thing of value, or makes or tenders any contract, undertaking, obligation, gratuity or security for the payment or for the delivery or conveyance of anything of value to any member of the Osage National Council or to any Judge or Justice of the Osage Nation in any official capacity, or to any person acting for or on behalf of the Osage Nation in any official capacity, either before or after such member, judge, justice, officer or person has been qualified or has taken his seat, with intent to influence his vote, decision opinion or action on any question, matter, cause or proceeding, which may at any time be pending, or which may by law be brought before such member, judge, justice, officer or person in his official capacity, shall be fined not more than three (3) times the amount of money or value of the thing so offered, made, 0093 72 given or tendered or caused or procured to be so offered, promised, given, made or tendered, and shall be moreover imprisoned not more than three(3) years.

(30) Sec. 18. Every person who corruptly or by threats or force, endeavers to influence, intimidate or impede any witness or official in any court of the Osage Nation in the discharge of his duty, or corruptly or by threats or force, obstruct or impedes the due administration of justice therein, shall be punished by a fine of not more than five hundred ($500)dollars, or by imprisonment of not more than six (6) months, or both.

(31) Sec. 19. Every member, judge, justice, officer or person convicted under the provisions of the two (2) preceeding sections, who holds any place of trust or profit, shall forfeit his office or place; and shall thereafter be forever disqualified from holding any office of honor, trust or profit under the Osage Nation.

(32) Sec. 20. Every person who having taken an oath, before a competent tribunal, officer or person in any case in which the law of the Osage Nation authorized an oath to be administered that he will testify, declare, depose or certify truly or that any written testimony, declaration, deposition or certificate by him subscribed is true, willfully and contrary to such oaths stares or subscribes any material matter, which he does not believe to be true, is guilty of perjury and shall be punished by a fine of not more than one thousand ($1,000) dollars, and by imprisonment at hard labor not more than three (3) years, and shall moreover hereafter be incapable of giving testimony in any court of the Osage Nation until such time as the judgement against him is reversed.

(33) Sec. 21. Every person who procures another to commit any perjury is guilty of subornation of perjury, and punishable as in the preceding section prescribed.

(34) Sec. 22. Any person who shall willfully and maliciously burn or set fire to any dwelling house, outhouse, church, meeting house, school house, ware house, 0094 73 smoke house, shop, office, barn, stable, shed or crib; or to any cord-wood in piles or ricks, or stacks or shocks of hay, grain or straw or growing grain, or to any building or structure, whether finished or unfinished, or to any wares, merchandise or goods, or to any property to the value of twenty (20) dollars or more, whether such person be the owner of the property or not, such person so offending shall be deemed guilty of arson, and, upon conviction shall be punished by a fine not exceeding twice the value of the property destroyed, and imprisoned in the Osage National prison not less than two (2) years, not more than five (5) years.

(35) Sec. 23. If any person shall ravish or carnally know any female of the age of twelve (12) years or more by force and against her will, or who being of the age of fifteen (15) years and upwards, shall unlawfully and carnally know and abuse any female child under the age of twelve (12) years with or without her consent, such person shall be deemed guilty of rape, and upon conviction shall be imprisoned in the Osage National prison not less than five (5) years.

(36) Sec. 24 If any person shall have carnal knowledge of a female without her consent, by force or by administering to her any substance or liquid which shall produce such stupor or such imbecility of the mind or weakness of body as to deprive her of her natural power of resistance, shall be deemed guilty of a felony, and upon conviction, shall be imprisoned in the Osage National prison not less than five (5) years.

(37) Sec. 25. Every person who shall live in a state of open and notorious adultry, and every man and woman (one or both of whom are married and not to each other) who shall lewdly and lasciviously abide and cohabit with each other, and every person married or unmarried, who shall be guilty of open, gross lewdness or lascivious behavior, or of any open and notorious act of public indecency, grossly scandulous, shall on conviction, be adjudged 0095 74 guilty of a misdemeanor, and be punished by imprisonment in a National prison not exceeding six (6) months, or by a fine not exceeding five hundred ($500) dollars, or by both such fine and imprisonment.

(38) Sec. 26. If any person having a living husband or wife, shall marry again, no legal presumption of death having arisen, such person so offending shall be deemed guilty of bigamy and upon conviction thereof, shall be imprisoned in the National prison not less than one (1) year, nor exceeding three (3) years.

(39) Sec. 27. Every person who shall live in open and notorious fornication or adultry, shall be fined in any sum not exceeding five hundred ($500) dollars, and imprisonment not exceeding six (6) months.

(40) Sec. 28. If any step-father shall have sexual intercourse with his step-daughter, knowing her to be such, or if any step-mother and her step-son shall have sexual intercourse together, knowing of their relationship, or if any parent shall have sexual intercourse with his or her child, knowing him or her to be such, or if any brother and sister, being of the age of fourteen (14) years and upwards, shall have sexual intercourse together, knowing of their consanguinity, the person so offending shall be deemed guilty of incest, and on conviction be imprisoned in the National prison not less than one (1) year, nor more than five (5) years.

(41) Sec. 29. If any person; under promise of marriage, have unlawful, carnal intercourse with any female under twenty-one (21) years of age of good and virtuous repute, he shall be deemed guilty of seduction, and be imprisoned in the National prison not less than six (6) months, not more than two (2) years, and fined not less than one hundred ($100) dollars, not more than five hundred ($500) dollars.

(42) Sec. 30. That any physician or other person, who shall willfully administer to any pregnant woman any medicine, drug, substance or thing whatever, or shall use 0096 75 any instrument or any means whatever, with intent to procure thereby the miscarriage of any such woman, unless the same shall have been necessary to preserve the life of such woman, or shall have been advised by two (2) physicians to be necessary for that purpose, shall, upon conviction, be punished by imprisonment not more than one (1) year, or by a fine not exceeding five hundred ($500) dollars, or by both such imprisonment and fine.

(43) Sec. 31. That any physician or other person who shall administer to any woman pregnant with a quick child, any medicine, drug or substance whatever, or shall use or employ any instrument or other means, with intent thereby to destroy such child, unless, the same shall have been necessary to preserve the life of such woman or shall have been advised by two (2) physicians to be necessary for such purpose, shall, in case of the death of such child or woman in consequence thereof, be deemed guilty of a high misdemeanor, and upon conviction shall be imprisoned in the Osage National prison not less than one (1) year, nor more than seven (7) years.

(44) Sec. 32. Every woman who shall procure any medicine, drug or substance, or thing whatever, and shall take the same, with the intent thereby to procure a miscarriage shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by imprisonment not less than three (3) months, nor more than one (1) year, or by a fine not exceeding five hundred ($500) dollars or both.

(45) Sec. 33. If any male person fifteen(15)years of age and upwards, shall have carnal knowledge of any person other than his wife, such woman being insane, he knowing her to be such, shall he deemed guilty of a felony, and upon conviction thereof, be imprisoned in the Osage National prison not less than three (3) years, not more than ten (10) years.

(91) Sec. 8. The office of High Sheriff is hereby created. He shall be elected by the National Council for the term of two years.

(92) Sec. 9. It shall be the duty of the High Sheriff to keep the Capitol, the furniture and other property therein and thereto belonging, in a State of cleanliness 0109 88 and the keys and fastening of the door of the Capitol during the session of the National Council and the sitting of the court.

(93) Sec. 10. The Sheriff shall at all times keep the room of the Capitol clean and properly ventilated, and during the session of the National Council and Court, well warmed and supplied with pure water. It shall be his especial duty to cause to be prosecuted every person who shall be accused of violating the laws.

(94) Sec. 11. The High Sheriff shall be a conservator of the peace with such general powers as are exercised by Sheriffs, besides such special or extraordinary powers as may be conferred upon him by law. He shall wait upon, open and adjourn the session of the Court and execute its mandates. He shall also wait upon and execute all orders of the National Council, he shall have full authority during the session of the Council, and at all other times, to suppress within the vicinity of the Capitol, all riotous broils, obscene, or other improper conduct, and to enforce obedience to the law, and may, whenever necessary, summons any extra adequate force to his assistance; he may summarily arrest, imprisons and hold until duly sober, any person acting improperly, while under the influence of intoxicating drinks, and arrest and imprison, all persons who may be guilty of a breach of the peace at or about the seat of government.

(95) Sec. 12. The High Sheriff shall have general supervision of the lower sheriffs, and see that they properly execute the laws in their respective districts, and he shall see that all taxes are collected as provided by law.

(96) Sec. 13. There shall be one Sheriff in each District, who shall enter into bonds with security to the 0110 89 amount of three hundred dollars ($300.00) for the faithful execution of the duties of his office, and take the following oath: “I. A. B.” having been elected to the office of Sheriff of — District, do solemnly swear, that I will, well and truly execute the duties of said office, according to the best of my ability without fraud or partiality. It shall be the duty of the Sheriffs to attend the court to serve all summons or other process, which may be placed in their hands, and to take all necessary and proper measures in the execution of the judgments of the court, and also to arrest and cause to be tried, all persons who may be charged with criminal offenses, and in case of resistance or strong apprehensions of resistance, the Sheriff shall summons such number of citizens as may be necessary to arrest any person or persons against whom criminal charges may be alleged, and to confine in jail until convicted or acquitted; should any person charged with criminal violation of law resist any lawful officer, or person authorized to cause arrest, while in the discharge of his or their duty, and such persons should be killed on account of unlawful resistance, such officer or other person shall not be held guilty of murder.

(97) Section 1. No person or persons shall be permitted to settle on or erect any improvements within one-fourth of a mile of the house, field or other improvements of another citizen, without their consent, under the penalty of forfeiting such improvements and labor for the benefit of the original settler; provided it may be lawful, however, where there may be a stream of running water for another citizen to improve one hundred yards from such field so situated.

(98) Sec. 2. All improvements which may be left by 0111 90 any person or persons removing to another place, and the improvements so left remaining unoccupied for the term of two years, such improvements shall be considered abandoned, and other person or persons whosoever may take and go in possession of such improvements in the same manner as if there were no improvements.

(99) Section 1. Whereas the peace and prosperity of the Osage people require that, in the enforcement of the laws, jurisdiction of the civil laws should be exercised over all persons whatever, who may, from time to time, be privileged to reside within the limits of the Osage Nation; therefore, any white man or citizen of the United States, who may hereafter come into the country to marry an Osage woman, shall first be required to make known his intentions to the National Council by applying for a license, and such license may, under the authority of the National Council, be issued by the clerk thereof; any person so obtaining a license shall pay to the clerk, the sum of twenty dollars ($20.00) for such license, and take an oath to support the Constitution and abide by the laws of the Osage Nation; which oath may be administered by the President of the National Council, or the Clerk of the body, authorized for that purpose, and it shall be the duty of the Clerk to record the same in the Journals of the National Council. But if any such white man, or citizen of the United States, shall refuse to subscribe to the oath, he shall not be entitled to the rights of citizenship, and shall forthwith be removed without the limits of the Osage Nation as an intruder.

(100) Section 1. It shall be the duty of each of the sheriffs of the several districts to receive and advertise for public sale to the highest bidder all stray property that may be found or reported to them in their respective districts—such as horses, mules, asses, cows, hogs, sheep and goats—giving a description of color, brands, ear or flesh marks, age and sex, and such property shall be sold for prompt payment in cash, national warrants, or certificates, at the regular term of court, and on the first day thereof, and not before the hour of ten in the morning.

(101) Sec. 2. All stray property, before being sold, shall be advertised at least sixty days by written advertisements, and posted at the court house, and in like manner in the register book, which shall be kept by the clerk of the court; and any person having property advertised under the provision of this act, shall have the right of reclaiming such property by proving the same, on or before the day of sale, before one of the judges of the court; and the judge, if satisfied of the proof, after recording the same, and making his decision thereon, shall issue an order directing the sheriff posting the property to deliver it to the owner.

(102) Sec. 3. If any person having property advertised under this act shall fail to prove the same, before the sale of the same, he shall forfeit his right to such property, except as hereinafter provided; but any person who shall prove such property in the manner thereinbefore provided for, within nine months after the sale of the same, shall be entitled to receive from the Treasurer, on the certificate of 0113 92 the judge before whom the proof is made, the proceeds in kind of the sale of the same, deducting therefrom the sheriff's fees.

(103) Sec. 4. Any person who may take up stray property, shall, within ten days thereafter, be required to have the same posted; and any person failing to comply with this provision shall be liable to a fine of not less than ten ($10.00) nor more than twenty-five dollars ($25.00).

(104) Sec. 5. Any person who shall dispose of any stray property, or shall willfully kill or maim any such property, either before or after such property is posted, shall be deemed guilty of the same offence as if the act was committed upon the property of a citizen, and shall, upon conviction, be punished accordingly.

(105) Sec. 6. It shall be the duty of the several sheriffs to have, if possible, all property that may be posted by them at the court house on the day of sale, and to place the purchaser there in possession of the same when sold, or within a reasonable time, if required to do so; the sheriff may retain ten per cent. in kind of all proceeds of sales of stray property, and be required to turn over the residue to the treasurer. The clerk of the court shall be present at all sales of stray property, and shall make and keep on record in his office, a register of all sales by the sheriff, to whom made, amount in kind paid, date of sale and kind of property sold, and make therefrom a quarterly report to treasurer as he may direct.

(106) Section 1. That all lawful contracts shall be binding, and any person upon failure to comply with the terms of such contracts shall be liable to a suit at law, in the Court having jurisdiction in the matter, to be instituted 0114 93 by the creditor, and if upon trial, the law and testimony shall justify, judgment shall be rendered in favor of such creditor for the amount which may be due by the defendant.

(107) Sec. 2. That in all cases where a debt may be contracted, and it is agreed that property or trade shall be taken in payment of such debt, judgment shall be rendered accordingly; and the officer shall proceed to levy on the property of such debtor, and to summons two disinterested citizens, who shall be sworn by him, to aid in the valuation of such property, fairly and impartially, and when such property is so valued by the sheriff and such other persons, the creditor shall receive the same at such valuation as may be fixed by them.

(108) Sec. 3. Whenever final judgment is rendered in any case by a Court, the clerk thereof shall, within five days after the adjournment of the Court issue an execution, directed to any proper officer, to proceed forthwith and make collection from such party to the amount of such judgment, and costs; and such execution shall be returnable at the next session of said Court, with a certificate of the proceedings had thereon, which shall be recorded by the clerk of said Court.

(109) Sec. 4. Property levied upon by virtue of an execution, shall be advertised by the sheriff at three of the most public places in the district, to be sold to the highest bidder; and for all sums not exceeding fifty dollars ($50.00) such sale shall be advertised ten (10) days, and for all sums over fifty dollars ($50.00)twenty (20) days notice shall be given; and the sheriff shall be allowed a fee of six (6) per centum on all collections of money which may be made by him, under an execution to be deducted from the account collected: Provided it shall be unlawful except in cases otherwise expressly provided for by law, for any officer to levy upon, and sell to satisfy an execution the following property, which is hereby exempted and reserved for the use and benefit of the owners 0115 94 thereof, viz: The house, farm and other improvements, mechanical tools, manufacturing and farming implements, one span of horses or mules, or in lieu thereof, one yoke of oxen, one wagon, one pair of harness, one saddle and bridle, wearing apparel, fire arms, library, household and kitchen furniture, two hundred and fifty (250) bushels of corn or other grain, one thousand (1,000) pounds of pork or bacon, twenty (20) head of stock hogs, five (5) cows and calves and all domestic fowls: And Provided Further, that all exemptions except so far as improvements are concerned, shall not apply to any case wherein a person shall be required by law to give bond and who shall give bond for the maintenance, security or preservation of national or individual interests; and this proviso shall extend to the sureties of such bond in like manner as the principal; but all the property and effects of any such principal or surety with the above exceptions, shall be liable to be levied upon to satisfy any execution which may be issued upon any final judgment of the Court, declaring a forfeiture of such bond.

(110) Sec. 5. Any execution remaining unsatisfied in whole or in part at the next term of the Court after its issuance, may at the request of the party in whose favor it has been issued, be delivered to him by the clerk who shall make record of such delivery and any lawful officer shall be authorized upon the application of the party holding such execution at any time, to serve in whole or in part, such execution upon any property of the debtor subject to levy until the execution shall be fully satisfied when it shall be returned as provided above to the Clerk of the Court from whence it issued, for a record of the proceedings had therein and any officer serving such execution at any time in part shall endorse upon it a certificate of the amount of such services for record.

(111) Sec. 6. When judgment is rendered, and the officer in whose hands an execution may be placed shall fail to find any property or effects belonging to the 0116 95 debtor to satisfy the same, and has cause to believe that some other person has in hands property or effects belonging to such debtor, the officer shall proceed to make inquiry of such person; and if such property or effects shall be pointed out, he shall proceed to make levy; but if such person shall refuse to give such information as may be satisfactory, the officer shall summon him before the Clerk of the Court, who shall require of him on oath to answer the charges of holding in his possession the property or effects of such debtor.

(112) Sec. 7. It shall not be lawful for any officer to levy on the house, farm, or any other improvements, of any person or persons.

(113) Sec. 8. Whenever any person, a citizen of the Osage Nation is injured in property by the unlawful act of another, he shall within ten (10) days after he is apprised of such injury, report the same to the Supreme Judge, who shall thereupon immediately appoint and qualify three (3) suitable persons to assess the amount of damages sustained by the party injured and the amount so assessed, certified to, and signed by the persons so appointed, shall be final as to the damages sustained when judgment may be given thereupon according to law.

(133) Section 1. Any person or persons before being accepted as surety or sureties on the bond of the Treasurer of the Osage Nation, the Clerk of the Supreme Court of the Osage Nation or any and all other officers of the Osage Nation, that are required by law to give bond, shall be required to make oath that he or they are worth the sum or amount for which he or they are surety or sureties, over and above his or her exemptions, liabilities or indebtedness.

(134) Sac. 2. That all such bonds shall be substantially of the following form, to-wit: