The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1869-02-02
THE GATE CITY
. KEoKUF. IOWA
4uEsnaY MOANING, FEB. ?.

- -
4uEsnaY MORNING, FEB. 2.
Tusswad2s.o5 ba.eAss s.atsthss "tt :
E r,pore1f thOCbmmittes on Pensieaf in the
case 4. Nm. Lncolp. ~ chat tAsy ~ lgaae
bio to psrcsi7e4hal she il entitled = aay pen
MON under ~ letter ard sraritpf Any exist
i ;,elsr. The tonmlttes - aware thai The
4. fssnd Of thbsssolaain s1peet 70 make :
psrmssent provision for the lady under the
i ruise s,f . ps1lsion, bus no evidence has been
! furnislDed tlss1'as reasons assigned Why such
: provision skesll be made. II such was the
: intensisn, ths Committee sabmit that refer.
: ence should1Ave been mads to some othsf
], committee II. ----
God. NJ let as hear no moro q Mrs.
4 Linco1 Tor tEpeneion. To talk Of it b.
i ing in epy sense due - the memory Of Mr.
Y Lincol9nto give Mrs. Lincoln aratuitJ OF
Eve thepsand dollars y, year, or any other
sum, is1heer nonseqse, The nation loves
and reteres the memory Of Mr.. Lincoln, but
hs~- ~ aes 10 put = financial ssstimate upon
that {tSssi feiern 4 ASAaAsfdate il By
thepayment Of sum Of money to Mrs. -, y
smyssry. Mrs. I. ssyp, ip her petfep g
/ II =. . Nas h.rsg -, Z
] MMd utsiad ajls IessAA "a
widow Of chief magistrate" And if Mrs.
L, would remember whose wife she is, and
how he did nd h9w f1re&a to his nature
everything ike "style" was, she would know
that her words abnIe ara among 4ss most
saaneful H>fds IN. ~iiites. II wAs Mr.
Lincoln's misfortune that Mrs. Lincoln sas
Mrs.. Lincoln. We don'tthink she has any clsim
now to speculate upon that misfortune Of bis.
This is an utterly distssteiul subject. One
dbesnt like to think about it, or write about
Il st, D&aps1k1kssAsM The c6ontry wants to
let Mrs. Lincoln severely alone. When her
] ftAste DUsees however, to- make the hesv.
ily burthened tax payers pay Mrs. Lincoln .
q 5asoe sppAauualy, becassof her relation
ship to President Lincoln, then the people
!. syery .emphAtioslH protest. YhAy ~ Tat it
should not be done, and they sacrifice none
Of their regard for Abraham Iinnole Whit
shey sayit IN the very proportion that the
country wish to remember him they wish to
II forget herr
.s. : TRR Joy PURcEAgE worn.
The Chicago Tribune has this in its Wash
ingtos news kN
WASHINGTON, D. c., Jan. 90.
Nj. LapRhlin, representative Of the ssttlcss on
fAe Chefokes neutral lands, has received the fol-
lowing legal opinion from General Butler, Judge
t.gssos asd ysdss WlLs4 !shs'; e q ohio,
tee on Public Lands, in regard to the rights 81
tho Senate to authorize the sale Of public lands by
treaty,
WAsHI.aros, D. G., Jan. %, 1869.
Sra: In answer to your inquiries in relakon to
the Cherokee neutral lands in karsas, ve give
= n, ss And & ss; :'. - ct q .s
goth oS Qscemhes, 1855, the Cherokee tribe Of In
diaaS aoqsarsd shs right 10 occupy in the chero-
kee neutral lands, but without any power Of alien
fstiea, sndo1 condition that the lsnds should re-
vert to tho United States If they should be aban.
donsd by the tribe. The tribe he's, as such, ADAM
doned the lands, by treaty proclaimed August II.
1866, and june 10th, 1868. between the United
saStstes and Cherokess The Secretary Of the In
teior purports to be authorised 10 sell these lands
and contract for their sale has been made to
James F.Joy. The secretary efths Intsriar was
not atth0fized by any act Of Congress to make 4
:, ssls, Ana the Cherokee Nation not having any
power 70 ALLEVIATE thela ds to forsisn eovernments
JOY arr void, unless the public lands Of the Uni
ted States in Indian occupancy can combinations
ally be sold by virtue Of treaties with Indias
tribes, and without act Of Congress. Wa hsv,
repeatsdiy declared 10 Congress, and continue to
uncertain the opinion, that the treaty making
psVsEs asidsd by Congress, esnnot, under thu
Constitution, mako any valid disposition sale
of public lands Of the United States, whether in
the occupancy Of Indians not, and That the SOLE
power to dispose of public lands Il vested in Con
gresa. This opinion wss expressed by the House
Of Representatives In the resolution Of the 18th
Of June. 1888, declaring the Usage treaty moi
within the treaty making power, and not author
issd by the constitutions or laws, and again sub
stantinlly by the resolution Of the 18th Of July,
1904 declaring thAt settlers on the Cherokes neu-
.tAilands prior 70 Jsue 10th, 1868, should be en-
titled 10 rsseivs patent for the tracts BY them
occupied on payment Of one dollar and twenty
Ave cents therefor We hold, therefore
that tho sale Of the Cherokee neutral lands to j
+. Joy is void; that any patent which may be is
sued to him viii be void; that purchasers from him
will scqaire no falid title. In opinion good
fafth and justice require that Congress should en-
act declAratory statute that these lands shall be
subject ~ presumption, salsy and settlement giv-
in9AeNisIs thA ngA tta purchase u 1l.4S . A0c,
ar ehesshe 9heAts kekion slcdn receive a
onAA41Al to u 2nn Ucre out Of The proceeds OF
sales. To remove al doubt, it is further our
opinion that Congress has the power, snd that II
lisa duty, p abfsgah hv INV % nsch Of the mu-
ncipal regulations of the Cherokee treaty as pur>
puFts 10 nutuoflze eAf0s " 0 nave no interest In
these lands, and no professional or other relation
to any person connected with them, except that ~
stisNs ofFourcoHmon coantry, VIC hops fer jus
escesc Al, ana rs Representatives. in Congress We
cannot sanction the monstrous doctrine that TIE
treaty making power can subvert the laws of Com
gfs,s and land policy Of tho nation. aGs /
hsspsctfully, be-,
WV LAWRENCE,
II. r. BUTLER,
sAuXE8# zs az &ss Gro. W. JrsGAy.
m r M ,1nrn I.k r.u.
cur in the above opinion.
sss ~ -sey-ggg W. n. JcuHsSsS.@
-" - ~-------
RIGHTS FOB vAARDIBas WOMEN.
The Illinois Legislature has bill before il
enlarging the rights Of married women. This
isa synopsis Of il proriiops;
That every woman marrying shall retain thu
same isaA sights ~ NoeebS1 wien sinsls, eish
name. Tks 6osA n given nv same right Of
custody and the earnings Of the children .. the
fisher.s Al property belonging to man or woman
before marriage, which may be bequeathed to
item individually after marriage, shall after mar
yags, rsnsin the separate and individual property
Of eseh. But all property acquired By either Or
both during coverture shall be the common IroI.
erty Of both the husband md Rifs, for the en-
loynsntof this common property being declared