Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-02-07

The following il q speech delivered yester-
day, by Col. y. c. BjudlnoL a Cherokee In
dian, before the Committee ON Territories Of
the House Of Representatives
MA. CuAIaMAN AVID GENTLEMEN oP THE
CoMMfrrEE II Is true, am here to-day IN no
representative capacity. A majority OF the ~.
dians tor whom Mr.. lioss has so eloquently
NINA, ,P%ssp my nn9 u tss s",lro ' Sentiment he
asserts, OF the Indian Territory Is ag tlnst any
measure Of tho kind, kHotr 10 be lnogrrect
ksn Saiien. dated January Isl isiQ, he says
II have been through the Nat on ihree " IyuL
times during the past three mQnths ehu nnu
most radical change 10 the oi s n,
nearly every one now, excepting the iullnloods
desire q Territorial government OF some change
" government Your name can now be men
tioned without an angry discussion Iollowlng-a
TACT which dd not exist last TALL"
Many Intelligent and Influential Cherokee
citizens have expressed 70 me unqualhed ~.
prevail Of my position on this question. But y
stood solitary aud alone, Rud was universally
orecrated throughout the Indian country tor
entertaining the views do upon this subject, 70
would sull remain the duty OF Congress 70 con.
slider the proposition Of organizing Territorial
government over the Indian country upon us
merits alone. The proper questions when ARISE
first Has Congress tho authority
Second, Is 4 merely . question Of tlmef
Third. Would Il bench the Indians ,,,.
tbsse questions can 10 answered in the az
nrmaiiye 1 humbly submit the prviudicos Of q
msiori,y Of The indians against the measure
shoald not stand In the way ol Us solution.
Mr., Hose In behalf OF the Indian doicg ,tcs,
has quoted extensively from Indian treaties, and
referred TO decisions Of the supreme Court,
which he assumes prove that the Indians have
the absolute oWnefship In the lands they occupy;
and that Congre,. hI, no TShtI1, , 1hasho1,,y ~
OF The Indtans 1 ask the attention Of the com.
uittee while read some decisions Of the Su.
preme curt upon the subject OF Indian titles,
aud the Legislative powers u Congress over In.
diSns nd their country.
In the case Of johnson h Grahams lessee
Va William Mcintosh, Is Wheaton, y. Sal
Chief justice Marshall, In deliy eTing the unan-
imous opinion Of tho court, said:
'aThe power now possessed by the United States
to giant lands resided while we were colonies In
the crown OF its grantees. The validity Of titles
given By either has never been gu STONED In our
courts Il has been exercised uniformly over
territory In possession OF the Indians Tue eNis-
tsnca OF this power must negative the existence
Of any right which may conflict with and COZ.
troll II. An absolute title to lands cannot exist
at the same time In different persons or difiur.
ent governments An absolute must ~ an ex-
elusive title, OF, at least, title which excludes
all others not compatible with u. All our insti'
tutiOus recognise the absolute title OF the crown,
SUBJECT only 10 the Indian right Of occupancy,
and recognize the absolute title OF the crown TO
extlnEuish that right THIS IL ineonpatible
with an absolute aud complete title 10 the ln.
dams"
Colonel BOudlnot also quoted from other de-
clslons VI the supreme CJurt-CherOkee Nation
vs.. Georgia, g Peters, p. ID opinions rendered
by UhieI Justice Marshall, Justice johnson,
Justice baldwin, CLARK vs.. Smith, ll3 Peters, y.
lpt) United States vs.. Rogers, q Howard, SoI)
and tho BOudinot tobacco case, decided last
May-tuily supporting tho position Colonel
Boudinot took, that the indians do not hold an
absolute title TO their lands, but only n title Of
occupdnfN and that the Indian Territory aud the
Indians aIe subject TO the iurlidictiOn Of the
United States.
AIlusion was also made by Mr.. Ross to the
ease Of Worcester vs.. state II Georgia, to be
fOund In Peters, u. $50. Now, what did the
court say about this question Ot Indian title :
Justice Mclean, who delivered tno opinion VI
Tine riEnl Of occupancy has never been ques
toned, but the fee In the solI has been consIi.
cred IN the Government. This may be called
the right to ultimate domain but the Indians
have a present right Of p0ssessIon"
IL Il urged that n patent 10 fee simple has
been granted TO the Indian tribes, and that In.
Strument insures the Indians an absolute tltle
10 their land. These decisions are all uniform 10
their HplFit and meaning Soma OF them wsfg
rendered since the patents we're Issued. Tho
courts had these patents before IL when the de-
that Ihs supreme Oaurt is wrong, and Mr.. Ross
and these delegates right to themselves and
their attorneys have simply stated the facts a.
I md them.
DO not those decisions OF your highest court
satisfy any reasonable mind
4 That the Indian Territory Is n mart Of the
United states, and subject 10 the iurisdiction OF
the United StateEr
2 That the Indians do not possess an absolute
title VI the lands they occupy hut that such ali.
solute title l. vested in the United StAtesF
Now, admitting for the AXE Of ArVums Mt that
Mr.. Ross was correct ia his position that Il will
be In violation Of the treaties Tor Congress 10
adopt any legislation for the orya nlIatlon Of the
Indian Territory, is 1t not, after all, a question
Of expediency alone for Congress to determine
lis concentration OF the subIectF
Let US see ; The lOth article Of the Cherokee
treaty Of ls6S signed by Mr. Rns. as ons OF The
deIeVatss Irpn tGp Cherokeo peupIs. h in these
words,
"EY,ry Cherokee and rreeI pers1n resident I'm
IN, Cb.sokee NatIon shall nave The riEbt 10 sell
any products Of his farm, Including his or her
Iiys siocl a, sny meTrhanJisn or ,nnnut.ctured
nrodurt. AMI Ia Sbin md dTiys lie same "a
insTEei withuut any TestraInt. having nny tax
Ihe,enn Witch Il now or NAV ne ieylsI by INC
ITniIsJ St,irs on tbs nnantity soiI ontside az
Ihe InJian rerTItoryW
Under mai nTovfslon Of thu ,reaty 1 as a
Cherokee inJlan. resident In the Cherokee Ma
lion. ,sinbiIsheI a fastoTy fpr The manu- faesare
OF tobacco in the CbeTokee Nation. This was In
the wear 1897 on inc 2Dth OF ,Iuiy. 1888 a rev
enus law vas nassei nv IonTTess. INC l0Tth
sertIon al vhIsh roads AZ fSIInWs
SThat the Internal revenue laws Imposlnt
taxss an distIIisI spITits fermenteJ liuuGrs To-
hscs ami, ani u, ~ IL III H. 6sii tsnd .,o
stssl ~ ,,i ~ .,,ch n+ii,iss ,i,I ~
49, i,t,tT ~ W ~ ,,si. ~, ~ ~ IL
TnI,s, $500 "' =, hsSSns ,La ss, ~ IN ~ ~