New-York tribune., 1876-08-05

ond notbcr nronertv which il was admitted were
never within any collection district ana never naa
been sold or offered for sale outside VI the lhdan
country 4 suit in restraint of such proceeuIgs
having been instituted by the Cher9kees owlline OF
representing the property selzed ana tne cSo
ing by writ Of error from the United S.ates Dlsict
Court of Western Arkansas to the unitcn states
Supreme Court, the latter court while aaitllns az
the facts in respect to the provisons OF te
above stated, nevertheless gave Judgment
that the act of Congress supeIseding the treaty
was legitimate and constitutional, and tnat
the Indians whatever may nave pee sns Of the
Court being as follows: " reaty may ShpeIsene % !"
prior act of Congress and an Get Of Congress may super
s,de prior treaty. In the case naer ecsS.aera,'gn e9
The act Of Congress must prerail as Z & the r,G Geay
,ceye mol an element 10 be oOnsideTeL' Two judges
Davis and Bradley dissented, and the latter III ex-
pressing the dissent, thus clearly stared ihe iac,s @
and sequences of the case "Thc exempt jurisdiction
here depends on q solemn treaty entered INTO be-
tween the United States Government ana me
Cherokee nation, in which the good Ia'th Va t,le
Government Is involved. 1t is conceded that the
law IN question cannot he extended 10 the lhdiah
territory without an implied abr@fati9n OF inc .ne
treaty pro aaiO And the opinion OF inc Court goes
upon the principle that Congress has the power 10
supersede the provisions of treaty" .,,-...,
fIcre then we have the old fable aEain iIlnsIateu.
N 1868 il was the United States bdll tat gOied tle
Chorokee OK; and the poor Cherokee III applying lot
redress, got none, and II lie had vchtuleH 70 , ro
plain and adoping he exact language oil hr. .sn,
sternly and honestly denounced tine proceedings Oh
the United States as "discouGteous," aS bIeaAlhs
a bargain" as Infringing upon treaty engiSe-
mentsr he would probably have been snubbed Witl-
ont ceremony In 1876, however II ~ the BritlSh
bull that is chained 10 have gorCd the lnltu cEites
OK and now words viii hardly suffice t'ic sac Le-
partment and the American press TO cAprcas prs r a,,o
sense Of the Injustice and insult that has been per-
pc;rated. What. for example, said one oil the eadng
New-York papers, in recent article Su1lalhihG tne
Washington Cabinet, would EngIlslhcH nave
said had we undertaken to arbitrarily modliy
treaty by law of Congress and without hO1ic1 To
hort What are international obligations worm II
one side can be permitted TO aus SuluenS 'l"So ~
cxncuta them ~ sur" CnoUPh! These are pertinent
Questions But suppose that IN place ol iiie hh2ilNn,
man we ask elias Boudaol and his partner, nfand
Waite. of the Cherokee Nation, WHO No. LOST tnsr
tobacco and their material and other property,
and were told b. the supreme Court tat the treaty
they had Soiclnnly made with the United Sidtes
'waS not element TO be considered, ana see
what they have to answer.
There 5 an old ana well-known maxim '' that lic
VIII, demands cduitv should be prepared 10 40
,,uiiy and tried by the maxim, the recent record
of sine United States is not uf kInd ta' can wen
be referred 20 with plidc ar - illustrative oi hsh
ugtioual morality. The treatment ui ia" tlriOhee
Int.Iaus under tho treaty Of 1865 mas already Deen
r1ted; the inclination of Congress Il devote the
Alabama award 10 unlawful uscs; the r'lnciance 10
give back Ia the Kindly japanese an iudehiil'y
Vb,ch il i rknOwlcdged olGBt never 10 nave been
c~artrd from them; the agreement unheF tir treaty
cs 1871 between the Uutef states aId Great
britain 10 admit free of duy aud for consideration
iato the United states the produce 9i the sErTeS
of the Dominion of Canada, and then the supoo-
duaat and deliberate imposition ny Congress oi y
Cuiy Oh the cases IN whch such produce ~ rachcn
tr ly and in opposition to the protest OF canada
nulhfv1ng the provisions cf tbs tr,dty-aiI these
a;c trauslc ions which no American c1h recall win
satisfaction, and do not well cuup'I; with the
aSsuyi on on lie part OF the nation VI ABh moral
stnSI1NcHcSs.
LAwEryCf's SINGULAR POSITION.
Finally, any review of tho Extradtion difficulty
would be incomplete which failed TO call attention
20 Che present singular position that Lawrence the
primary cause Of all thc lroaDc, at present Slaalns
to- the Government and this is best done 10y copying
bo following articles winch have recently appeared
- -. WV j,o5i me N T. Tri5gn,, Jga,
Jayre declares openly that h. had lAwrrnc'- =
rouf,.l5ior iHpcaint several CusomaoU.c officials
of uioiunoncc. al of whom he intended to cNl'f'
and be- wcut before Secretary BrisO~ with charges
Tb- r.lcas, II lawrence followed close anon ili-
.yoyvll and suspicion arpi~ct thhi compromise
ncb 81 biz nerufnplir,s "a haI not already been
vccd. IT s now certain that hc VIII testify not only
VINO i dcad nut Ire viii give evidence hhI".cfhI
three four mercantile houses pi promnch't aHH Amy
SMALL dealers agtu~ whom proceedings L. recover "ic
lru be- taken ly pi.trct-AttorncN bI-s II" interest
taken by q. G.. Jpyn in thc release Of IaTncc h1 bee
a iryse-v .or SJuc time u asserted tift 90 ihr uiG
hrsihru' us be Is su called &t tie Cl.o1-hou-c az
sired 20 hc rey,nrei np'n iho'e "Lra.- Whn u' @
him IA his troubles rNU wears 40 HH. ~ haS bc'h i"hh
th.t u stgu motive impri- uih-i iilt ui Hl' "'..
money coaid br recovered iruIn wealthy merchants ih
fr rity WHO b,ngnt the smUcgI"d tOois To do this.
however Jlyne In-fst, that tnc Treasury Department
must make contract Wlih hn To discover ana recover
toe uII,. md such contract 3. said - have been sub
n,ifrd 10 the Tscasry Department II /, n The nature
Of me famous subpin contract to collect drhnqien
faN 3 and a. ~ fnat case, CuHtcWpat"s The ui" or iht
/ G.vr.uni,ut iuarEincr~ OF DS.rrt-AuWncy Bli-' :
pNir, Mr. Bliss mad Interest uf per c'n iu thc ot'
lrr contract but f shares IN the scheme az Al ~
prrrcnra, /. =: present Unknown. L,Nicnrc, thc in
ior!cr h however, profit by the acie', y success
/ u. ,,,
| prr,ptya poE A ENIp-,HA!it~ l.. LAWEEvCE
| .Sp D. u. JAySE ITor,NG AGAitsr IhE'dANIs'
! -Culrlos !. Lawrence. the not.r"u' fu1ssIrr who
pleaded aulty t. th' indictments aE"n.t hh ln me
! trmtrd states courts about Two months ago, :, sun
inasg sentence, and 70 s generally b,iic' 81 ma ne
LIN not AGAIN br urDuE Eht INTO cDur,. J-lec >ts Do
,r,i-Atfufucy Bliss released LIm "u Tl','up Dahl ~
though A!- smuggling Transaction, uWouard 20 several
..ua. ~ uoi.s, and LI, p.oDt, were auf \" De MOI
it. than 500 900. SIR. B..5 h, also given - ",t
t.l.tly iurri.1 apartments DrCu-iuE u tnc DAlIt l.
Attorney, uarc va the iUcd Staiea bIiilrN Mhi' ~"
i4GuIv employed with y. @. JASL., c"ucuc.ns -'hthc
bv which "a la.Ic uuLbrr o. u,rc'ihss arc go br pro-
,.edoi -g.iu.: or lnwgcursH il.JrAL' or an! hhdF -
contract uc. IayLc said 10 have 90 recover money S5
lar inc t;oycrnU.h Nrcutc D. 20 be d"lt tc'h v Il
! ,ug oa Government -tItpucry al boNclhm.i. desk,
yll. JAYNE IA tuC Isf-r,ua 4,rin"- ru 'plrhdrht
! ,oll.c. Among tie hrc,cryut cmplpl's aioht t"g
b!,ian. Lawrence Is spoken OF 80 " DistiictAtt"fhe!
! Iaw..u
Frola all this Il j. manifest that The curtain is 10
rise on sOe further In tins curious and uis!rPi-
fanlc drama - supn Ben Buticr. Jayne bliss a.
! lO can arrange the necessary inachiHciy.
0'' DAVID 4. WELLS.
| An