Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-03-20

under law and treaty, on its present
lands IN the west, is a political
community with well determined
powers. The jurisdiction of all
matters .ouhcing the persons and
property OF her own people remain
with her. (See 9TH article of Treaty
of 1885, and 18th article of treaty
of 1861 Her courts have exclusive
jurisdiction Ofan cases except Grim
inal cases between Cherokees and
citizens Of the United States. This
has been defined from time TO time
by law and treaty, and affirmed by
decisions of the Supreme Court.
In the case of Mackey VS. Cnxe(1S
Howard, 100, 1t is determined that
the Cherokee Nation is 4 kind Of
territorial goyernment, the only
limitation to whose powers are the
express limitatiOns made by trea-
ties. That government has existed
for more than half a century; has
grown ard prospered, and is today
/ the most successful form of gov
eTnment of the kind ; and the ef-
forts Of which We complain are not
justified by her continued prosper
/ ity and usefulness.
The subject matter Of Executive
Document No. S6 is the distribu-
ton Of the $500, 600 paid for lands
under the Act Of Congress OF March
Sd, 1888. Under that Act Of Con-
gress 1t was ito be expended as the
acts of the Cherokee legislature di-
rected. 1t was SO expended, and
leaves no ground for Congress TO
interfere. That amount was offer
ed by the Act of Congress to the
Cherokee Nation for a patent TO
certain lands Of which the Nation
was the owner. If any restriction
had been placed on her powers the
Nation would not have conveyed
the property. Under its 3erms pat
ents were made, the money paid,
and the law executed.
The subject Of complaint is that
per capita payment was made of
the money to Che-okees By blood,
and that certain citizens by adop-
ton were not permitted to partici-
pate. The payment, it viii be OBJ
served, was made according TO law
Let US see if any equities were Vi
Olated. Under provisions OF treaty
the Delawares were adopted. They
paid for 100 acres per head, and
they paid a prOpOrtiOnate share of
the funds as they were at that time,
and the price Of the neutral lands
Does any one pretend that If there
was a division of lands they would
be entitled TO more than the 160
acres per head taey specifically
bought and paid for ? If there was
less than that number of acres at
the time Of such ! possible distri-
-.,s1n. : they would be entitled TO
7lae - acres they bought and paid
~ there was more, they would
- entitled TO more. There Is
at sast that distinction. They paid
for the then state stocks and the
proceeds OF neutral lands, but they
paid nothing for the proceeds of
lands west Of 96 set apart to be
sold before they Joined the Nation,
the very lands in question, a dis
tribuive share of which they ask. |
From these they incidentally re-
ceived a portion. but they had nc
equities in any of II. They get the |
full benefit of all they paid for, and |
more. Still further, If there is 10 |
be 4 claim that the community of |
interests is perfect. there is 4 fund |
Of nearly . million of dollars, the |
interest on which Is paid TO the
Delawares. Although they are an
integral part of the Cherokee Ma
ton, the Cherokee authorities have 1
set up no claim to that. In tech
nical way they might have claimed |
its disposition. They have neither
desired nor sought to do this, leav-
ing the control of this matter en-
tirely with the Delawares in the
Cherokee Nation.
The case of the adopted Shaw
nees is parallel, with one excep-
ton. While the amount they lccre
TO pay was not equal to the funds
at the time Of their admission, and
the I6O acres of land they bought,
and while their purchase did not
pay for OF include any of the pro-
ceeds Of the land west of SO even
the amount they agreed TO pay has
not been all paid. Fifty thousand
of the stipulated amount has not
been paid, up TO date, and vet they
have had all the rights and priyi-
leges of citizens, Just as if it had
been paid. They have not received
any portion of the proceeds of this
land they did not pay tor, or rather,
they have received none of this last
payment Of $500, 600 of it, but in
with other Cherokees, re-
ceived the benefit of more than 4
million dollars of it. So much for
the equities IN their case.
So far as the colored citizens
were concerned, they had neither
legal nor equitable claim to the
common OF public property of the
Cherokee Nation. The Cherokee
legislation, by act of It's legislature,
manumitted them. By the treaty
of 1866 it was agreed that cOlored
people who were native to the Ma
ton, or who were in it at the break
ina out of the late mar and WIN