Volume 10 , Issue 5

Federal Court In Indian Territory

From Vol. 2, A Standard History of Oklahoma, pp. 603-636, by Joseph B. Thoburn, we learn a bit more history of the Federal Court established in Indian Territory at Muskogee.

In addition to passing the Indian Appropriation Bill with the provision for the Oklahoma Land opening as an amendment, provision was also made for the establishment of a Federal Court in the Indian Territory. Nearly 23 years after the negotiation of the treaties of 1866, by the terms of which the creation and maintenance of such a tribunal had been promised, the people of the Indian Territory could at last have access to a Federal Court without the necessity of going into a neighboring state.

The seat of the new court was fixed at Muskogee and provisions were made for the appointment of a judge, prosecuting attorney, marshal and other necessary officers and employees. The criminal jurisdiction of the new court was limited to such offenses as were not punishable by death or imprisonment, all cases of that character to be tried at Fort Smith or Paris.

The act provided that the court should have jurisdiction in all civil cases between citizens of the United States who are residents of the Indian Territory, or between citizens of the United States who are residents of any state or territory, or any person or persons residing or found in the Indian Territory, and when the value of the thing in controversy, or damages or money claimed, should amount to $100.

The code of the state of Arkansas was to be adopted, as far as practicable, as to practice, pleading, forms, etc. In cases the amount in controversy was equal to to $1,000, appeal might be taken to the Supreme Court of the United States. Two terms of court were to be held each year, beginning respectively on the first Mondays of May and November.

It was provided that all proceedings of the court should be had in the English language; that bona fide male residents of the Indian Territory, over 21 years old and understanding the English language sufficiently to comprehend the proceedings of the court, should be competent to serve as jurors but subject to exemptions and challenges as provided by law in regard to jurors in the western district of Arkansas.
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