Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-11-13

has found and declared not 10 De
entitled. The fact remains that we
are in no condition TO compel the
United States to execute its obliga-
tiOns.
Among the modes suggested Is
to give claimants an appeal 10 the
United States Court at Fort Smith
on questions of law and treaty,
CARRYING the record OF fact thence
from the lower Court The point
should not be forgotten that what
ever mode Is fallen upon. the con-
currence of the [. :. Government
is essential t9 its efficacy in. settling
the questions involved. | submit
the subject to you for action, as the
evil il pressing and increasing.
L. :. COURT FoR THE ISDIAN TER
RITORY.
In connection with the possibili-
u OF a reference of such claims 70
the L. :. Court, l desire to submit
that there Is a bill pending in
Congress, reported by Senator Vest
OF Missouri. for the creation Of a
court for he Indian Territory,
with the same jurisdiction as that
Of the one at Fl Smith. The bill
provides that al persons, lawfully
in the Indian Territory, may be
jurors, including. of course, the
inhabitants Of the different Indian
nations and tribes, a. jurors are
not required 10 be citizens of the
United States. Such a court Is
contemplated by our treaties,
which provide for it, and 1t Is
necessary to the welfare Of our
people IN many aspects. The
Delegation from this Nation have
Zen once instructed to give the
assent of - Nation TO this partic-
ular bill. and TO advocate its pas
sage as it stands. 1t Is for you to
determine whether we shall furth =
urge the passage ofthis measure.
MONOPOLY OF THE COMMON DOMAIN
AND FIaPRRoVEMESrs.
No citizen has a right to enclose
ANY of the unimproved domain for
his own private and exclusive use
except so far as he may be author
lied so TO DO by the assent of all
the other citizens and common
owners expressed in the law of the
land. Our present laws grant such
permission TO the extent of fifty
acres and 10 more. When this
amount Is exceeded in any instance,
the Sheriffs, rs Executive officers,
are bound, under direction of the
Executive Department to remove
the distractions to the enjoyment
Of the common right. and to re-
store all ofthe unimprOved domain
not reserved by law for other uses,
TO the condition of common proper
ty, subject to improvement and
occupancy.
The Sheriff Of CoOwecskoowee
District, where there was most Cf
this unconstitutional and illegal
fencing. has taken down 4 c0nsid-
erable Gusnfitv OF il. As the act
will doubtless be continued. and
become a permanent law Of the
Nation, it viii be proper for yOu TO
consider It's provisions carefully,
and make such amendments as
Justice and its efficiency may seem
to require
Aside from monopoly Of the
commun domain which Is directly
forbidden by the Constitution,
there NAV be a monopoly Of inn
provements. which Is authorized
to be restrained hy law.
improvements NAV be mOnOp-
lied IN two WAYS. lst, By making
them excessively and dispropor-
ti0nately large, and 2nd, by max
mg OF obtaining an excessive num-
Der.
lam sorry TO say that there j.
now evinced IN different parts of
the country the disposition 10
monopolize improvements which
was f0rcseen and provided against
BIZ our fathers of The Constitution,
and suggest the passage of a well
digested act 20 prevent such mon
opoly, while leaving ample room
for the exercise of industry and
the operations of enterprise.
THE CHEROKEE TITLE.
The treaty of 1866 provides that
the Nation shall retain possession
and jurisdiction over all of her
lands west Of 967 not sold to. and
occupied By, friendly Indians IN
der the 10th article Of that treaty.
Thus there cannot be said to have
been any cessi0n OF the lands so
retained, and the only way to OBJ
tain or pass title to them, Is through
and from the Owner-the Cherokee
Nation-in conformity with treaty
and our patent from the United
States. Without following the
mode prescribed by treaty, the
United States settled several Indian
tribes Y2on them, viz, the Osages,
Kansas, Pawnees, POncas, Nez
Perces. and OttOes and Missouris.
For several years this action was
the subject matter OF discussion
and negotiation. Sums were ap-
prOpriated arbitrarily by Congress
until finally in 1888 the act was
passed offering threa hundred
thousand dollars additional. if the
Cherokee Nation would execute
deeds OF conveyance to the lands
occupied by these tribes. This
was done, and under authority Of
law Of the Nation and Of Congress
fhcse nnrfinns of the Chcrnkec