117. Commission to the Five Civilized Tribes (Dawes Commission), March 3, 1893
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187 a record of all marriages solemnized by them, respectively, and shall issue certificates of marriage in duplicate, one certificate to be delivered to the parties thereof and the duplicate to be forwarded to the clerk of the court in general term, hereinafter provided for, to be kept among the records of that court; and for each marriage solemnized the judge may charge a fee not to exceed one dollar. 7. Indian court in general term.—The judges of the Indian court shall sit together at some convenient place on the reservation, to be designated by the Commissioner of Indian Affairs, at least once in every month, at which sitting they shall constitute the Indian court in general term. A majority of the judges appointed for the reservation shall constitute a quorum of the court and shall have power to try and finally determine any suit or charge that may be properly brought before it; but no judgment or decision by said court shall be valid unless it is concurred in by a majority of all the judges appointed for the reservation, and in case of a failure of a majority of the judges to agree in any cause, the same shall be continued, to be again tried at a subsequent term of the court. The court in general term shall be presided over by the senior judge in point of service on the reservation, and in case there be no such senior judge, the Commissioner of Indian Affairs shall designate one of the judges to preside. . . . 11. Agents to compel attendance of witnesses and enforce orders of the court.—That the orders of the court in general term and of the judges of the several districts may be carried into full effect, the United States Indian agent for the agency under which the reservation may be is hereby authorized, empowered, and required to compel the attendance of witnesses at any session of the court, or before any judge within his proper district, and to enforce all orders that may be passed by said court, or a majority thereof, or by any judge within his proper district; and for this purpose he may use the Indian police of his agency. [House Executive Document no. 1, 52d Cong., 2d sess., serial 3088, pp. 28–31.] 116. Indian School Superintendents as Indian Agents March 3, 1893 As the work at the Indian agencies became increasingly educational, it was argued that the school superintendent could assume the duties of agent. Since the superintendents were classified under civil service rules, such a policy would help to eliminate politically appointed agents. Congress in 1893 authorized such assignment of superintendents. An Act making appropriations for current and contingent expenses . . . . . . . . The Commissioner of Indian Affairs , with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency upon the superintendent of the Indian training school located at such agency, whenever in his judgment such superintendent can properly perform the duties of such agency. The superintendent of the Indian Training School at Cherokee, North Carolina, shall, in addition to his duties as superintendent , perform the duties heretofore required of the agent at said Cherokee Agency, and receive in addition to his salary as superintendent two hundred dollars per annum, and shall give bond as other Indian agents, and that the office of agent be, and the same is hereby abolished at that place. . . . [U.S. Statutes at Large, 27:614.] 117. Commission to the Five Civilized Tribes (Dawes Commission) March 3, 1893 The Five Civilized Tribes of the Indian Territory were excluded from the provisions of the Dawes Act and formed an important enclave of communally held lands. In order to force these Indians into conformity with the policy that called for allotment of Indian lands in severalty, Congress authorized a special commission to negotiate 188 with the tribes for allotment of their lands. This Commission to the Five Civilized Tribes was generally known as the Dawes Commission, since Henry L. Dawes served as its first chairman. An Act making appropriations for current and contingent expenses . . . . . . . Sec. 16. The President shall nominate and, by and with the advice and consent of the Senate, shall appoint three commissioners to enter into negotiations with the Cherokee Nation, the Choctaw Nation, the Chickasaw Nation, the Muscogee (or Creek) Nation; the Seminole Nation, for the purpose of the extinguishment of the national or tribal title to any lands within that Territory now held...


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