The Van Buren press., 1870-12-27
The Van Buren, Press,
VAN BUREN,, ARKANSAS.
Cherokee Affairs.


10th, we find the following gentlemen
were elected by the Cherokee National
Council, as Delegates to Washington to
look after their interests with the Gov
ernment: WIN. L. ADAiR, c. n. VANN
GEORGE SoRAPER, and SAMUEL SMITH.
The paper Of the same date contains
also, the report of Hons. W. p Ross and
S. Ii. BENGE, Members Of the Cherokee
Council, who were arrested and brought
before the u. S. Court at this place
(which we referred TO at the timc) tc
Hon. LEWIS DOWNING, Principal Chiel
of the Nation, as follows:
TAnLrQuAn, C. ~, Nov. 80, 1870
Col. LEWIS DOWNING,
Principal Chief
Sir: We have the honor to report tha
we returned last evening IRON attendanc,
upon the u. S. District Court now in ses
sion at Van Buren, Arkansas.
For your information and that of the
Cherokee people, we deem it proper te
make the following brief statement in re-
gard to our understanding of the juris
diction now claimed and exercised ovei
the Cherokee country by that Court. His
Honor, Judge Caldwell has reversed the
ruling heretofore held by his prcdeces
sors, that the child followed the condi
tinp nf th y,,0 0fhar no tn natinnolifx, apJ
holds that it follows that of the father
The effect of this ruling is, briefly, to de.
clare the amenability of all persons born
and residing in the Cherokee Naton,a and
whose parents are recognized citizens
thereof, by birth or adoption, to their
own Courts for offences as among them
selves AS TO white men who are adopted
citizens of the Nation, the Court retains
jurisdiction over their persons for OF
fences against Indians, and citizens OF
the United States in the Indian Terrific
ry, upon the construction given by it to
the 18th Article Of the Treaty Of 1866.
The language of the Choctaw and Chick.
asaw Treaty of the same year. being
more explicit upon this point, their juris
diction over that class of their citizens ID
fully recognized and conceded
In regard to Freedmen in the Cherokee
country, the Court has made no ruling
whatever, much less to the rumored ef-
feet that those admitted to Cherokee citi
zenship by the 9th Article Of the Treaty
Of 1866, were held to be citizens Of the
un;tnd Stctas and under their jurisdic-
Court involving the question. There
was case several terms since, from the
Choctaw or Chickasaw Nation, wherein
the Court did declare its jurisdiction over
the freedmen from those nations. The
provisions Of the Treaties Of 1866 be-
tween the United States and the Chero
kee Nation, and between the United
States and the Choctaw and Chickasaw
Nations, in regard to their freedmen are
widely different. Ths Cherokccs prompt
ly admitted them to citizenship upon the
same terms as native born Cherokees.
This difference was mentioned by Judge
Caldwell. and while, therefore, he pro-
perly declined to express an opinion up
on n hypothetical case, we have no doubt
whenever case shall come before him,
involving the point but what he will de-
eide all that class of colored persons pro-
vded for by the said 9th Article of the
Treaty Of 1866, to he Cherokees.
In the case Of the United States VS.. +.
II. Hicks and others, including ourselves.
upon the charge of resisting United
States officer, and for which we were ar
rested while in the discharge Of our du.
ties as Senator's in the National Council,
the prosecuting attorney entered nolie
prosequi, and the parties were all dis
charged. AS the charge against us origi-
mated while we were engaged in defend.
ing Cherokee under arrest by due pro-
cess of Cherokee law, upon the charge
Of murder upon the person Of another
Cherokee, and was wholly technical, and
the question out Of which the case grew,
our jurisdiction over the children OF
white mothers by Cherokee fathers, had
been ruled in favor Of the Cherokee Ma
ton, we did not deem it necessary to in.
sist upon trial. We desire also to say
that we have returned impressed with
ton Oh the part Of the Court to act 9th
erwise than in fair. humane and liberal
spirit in the enforcement Of law in the
Indian Country and would urge upon our
people the wisdom and propriety ofoficr.
ing no resistance to the execution of any
lawful process emanating from prope,
officer of the United States. No good
can result from different course but
possible annoyance to themselves and in
jury to the Country There are great
evils and vexations under which we Ia
Dor, resulting from the secret inquisi-
tons of the Grand Jury system, the act
ing of deputy Marshals and the class OF
spies and informers who are prompted
by interest or personal spite in getting
up cases in the Indian Country, but these
evils can be remedied to a great extent
by going to the Court and can only be
remedied there or before Congress.
in conclusion we take great pleasure
in recording our sense of the valuable
services rendered by FIX. Gov. Thomas
c. Fletcher Of Missouri who so prompt.
ly accompanied us to Van Buren, as coun-
sci on behalf Of the Nation; and also OF
the kindness and courtesy extended to us
by all the officers Of the Court and by
those members Of the hnr whose ac.
quaintance it was our privilege to make
or renew.
We have the honor to be, very respect
fully, your obedient servants.