Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1884-03-20
Reply Of the Cherokee Delegation TO
Executive Document No, Sc.

y lSS Congress 81 nc L -
We deem Ii our duty TO call at
tentiOR to the erroneous views and
conclusions incorporated in Senate
Executive Document No.S6, present
session.
By the constitution and laws of
the Cherokee Nation, and in accOr-
dance with her treaties. the lands
and funds of the Cherokee Nation
are common or public property,
the disposition of which Is made
by her legislature in accordance
with her constitution.
No individual right in them
inures until BY Jaw or treaty it is
so determined; and per capita pay
ments of the funds are not required
or contemplated BY the treaties
or constitution. Individual citizens
of the Cherokee Nation have an
indefeasible right 10 their improve
ments, but cannot ALLEVIATE the soil.
The improvement is the individ-
ual home, requiring occupancy or
use, but descends to children or NAV
be sold Her funds are not and
have not been the gift of the United
States, or Of any gratuity to the
CherOkees, but have been created
from time TO time by the sale of
surplus lands, under the authority
and direction 'of treaty, the sales
of such property being made by
the legal owners, the constituted
authorities of the Cherokee Nation,
and a disposition of the proceeds
made by them under law or the
sanction of treaty. The relation OF
the United States TO these funds
Is merely that of a trustee of
clearly defined trust, the interest
being payable annually on the
order Of the Cherokee Nation
By the 10th and 11th articles of
the treaty of 1885 Vol 7. PIP. 4S2
5, and the 23d article of the
treaty Of 1866 (Vol. II, PIP. 500,
these funds are placed completely
under the control of the national
authorities, are payable on their
order, and the Nation may on Civ
ing two years notice, withdraw
their funds from the custody of the
United States, and invest them in
any more profitable manner.
The interest aecruing from the
funds has been expended for more
than half a century in maintaining
her government, her educational
and charitable institutions, her
courts Judicial expenses and for
other public purposes.
Her citizens are not taxed, excep.
for special privileges, suck a. i
censes TO trade, dispose of publ
timber, or TO act professionally.
All her lawful citizens are voters
and have voice IN hcr govern
ment, and none of them have heen
deprived Of a peaceful and free
voice in determining her public
affairs. The rights of The minority
are as mucn respected as are the
rights of minorities IN any State.
Her educational and charitable
institutions are regulated by law.
and offer equal privileges to all, as
nearly as practicable.
The Cherokee legislature holds 7.
and has always exercised the right |
to dispose Of public moneys.
For instance, It gave an annual 1
pension TO Sequoyah, the inventor
of the Cherokee alphabt, paid from 4
them. From time to time she has /
made provision for the blind, the /
lame, the insane, and INDECENT /.
poor. One payment Of s2OO, 200 /
was made on account of the de-
structiOn of crops by the grasshOp- /
ers- a payment Of several thou
sand dollars was made by law for 1
the relief of certain destitute Cher
okee emigrants from North Car
olina, who had not then become
lawful citizens, nor had any lawful /
citizens the right TO complain OF
this disposition of public money.
Any citizen of the Nation can
sue tie Nation, through the person
Of the chief. for any right withheld
or damage done, and to meet such
claims and responsibilities, her
funds have been used. Every law
ful citizen. whether by birth or
adoption, has his lawful remedy, !
under the constitution of his own
and where he has really
any lawful claim, there Is not the
slightest difficulty in exercising il.
Those Of heI citizens who appeal !
10 the powers of the United States
10 interfere with the exercise Of her
powers, il may well I
Dc believed have no legal case in /
he courts. and seek to hide the
defects of their claim under an ar
litrary exercise Of authority, and
1y misrepresentation inviting the
United States to violate her treaties
With the Nation. In the history of
he Cherokee Nation, certain funds4
md the proceeds CT lands were
made an individual benefit; this
vas done according to treaty, and
Inder Its clearly defined provis
Ons. Thus under the treaty of 1885
llready referred to, the lands be-
Onging to the then Cherokee Ma
ion, residing at that time east Of
he Mississippi river, were sold for
i've millions Of dollars, of which,
Except certain specified amount,
cling small portion Of 1t reserved
or public purposes, the bulk was
declared te be personal right and
'enefit. This was agreed to by the
,herokee Nation, the owners, by !
,-..s.- ,,-sfb 4bo TTrstoI cfafau !