Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1883-02-16
WEST or -.
ns UnapDrovea Bin Fer Leasing The
Land West Of sc to Cherokee
Citizens.

west OF 10 and east OF 1UU 10 a com
pany of Cherokee citizens was MOI
approved.
The Cherokee constitution pro-
vides in what manner the Chero-
KEGS shall, as owners in common
Of the lands granted and patented
70 them, take and have possession
Of said lands (6es Sec. End, Arts.
lst and Ind under head Of amend
ment 70 constitusion.) These pro-
visions identify the lands of ''the
Cherokee Nation" and settle the
mode of possessing them.
I do not think these lands would
"rsmain common" property were
. few citizens only granted the
right Of exclusive occupation, and
the great majority denied their con
stitutional right, to make improve
ments thereon.
Aside from this confederation,
the Bill gave no authority (even
were such action constitutionaD to
the Cherokee company to sub-kdss
10 -citisens. The laws which
prohibit leasing lands to non-cid-
sens by individual citizens Of the
Nation would have so far restrain
ed the company from taking such
advantage Of their acquired right,
that the company could have de-
rived no advantage from their
lease, pAicA they did not haze NTH
esta.
In reference to tho fencing done
by citizens of the Nation upon the
lands west of 9e, of which you in
pirezthe right Of the Nation and
81 " 6Iers who have paid for
he privileges which they only de-
|sire to have secured to them, will,
I trust, justify . statement Of the
poeition of the Nation in the prem
esis, with the rights and legitimate
benefits accruing to the persons
|Iaxfplly interested.
the country lying west Of
winch was originally granted to
) Cherokees by Treaty Of 1888,
and is covered by their patent in
fee in conformity with that Treaty,
IL part Of the the present domain
Of the Cherokee Nation, to which
our right and title is complete and
unaffected go fer ~ concerns pos
session, use, and profit therefrom,
sxcsps such portions, tracts or dis
tricts as have been "sold" and arc
"occupied' under the 10th Article
Of the Treaty Of 1886.
This position is in full unison
with the Cherokee constitution
which the Chief is obliged TO OBJ
serve and support, (Sec. let under
head Of amendments to Art. 1st)
and with the Act Of the Cherokee
Legislature authorizing the use Of
said lands for revenue purposes
Compiled Laws Of the Cherokee
Nation, pages $50 and 25D
This position is ia full accord
also with the 10Th Article Of the
Treaty OF 1866. end with the cla-
borate statement and opinion Of
the Hon. II. Price, Commissioner
n Indian Aifairs, a. expressed in
his letter to the Hon. Secretary Of
ne Interior, dated February 18th,
1882.
Acting upon this view Of the
rights Of this Nation to the "un-
snld and unoccupied" lands west
Of s.: the Cherokee National
Council in the exercise OF the Ma
tionsl "jurisdiction," authorized
the National Treasurer 10 permit
non-citizen stockmsn 70 Craze their
stock on Said lands in consideration
Of the payment Of a fixed amount
Per head for the privilege.
With the difference Of the
amount Of tax imposed, . rimilar
stock Tax law sppIies cad - well
= eest Of Sc in the Chsrokes csun-
ry. The passage Of fuch : Law,
Applying The range anywhere WITH
in fhe limits Of the Nation 70 stock
graEinz for revenue does net. there
fore, affect or impair the night of
Cherokee citizens t. occupy and
xe the same domain, in any man.
ner not conflicting with the otjecs
sf such Law, snd in conformity
With thsir conseitu(iea.
The same constitution (CheD-
kee) which authorised the Nation
Il Council 70 exercise The National
sJurisdiction" BY permitting non