Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1885-07-16
oHnRoKrE LANDS wEsT.

ity, chirps his opposition. to such a
thing; the festive "Woodpccker"
rattles his conundrum which to the
average mind is a stupendous--
perhaps stupid--impossibility, and
"quoth the Raven" despite his
harsh voice sings the sweetest
song of all--sweet as any that ever
lloated over the sea with the muir
mer of the waves from the Island
of Caprea. Each, doubtless has
chosen his position from the hon
est convictions, and from their
respective standpoints each con-
siders himself about right. The
"Woodpecker's" proposition rem
ders possible the wish Of the "Red
Bird" in his fatherly care for his
progeny, but the Craven" stands
alone in the glittering and allure
ing aspect Of plenty Of money and
no poor kin.
The purpose Of this paper is a
comment on the authority to sell
lands belonging to the Cherokee
nation. Not long since there was
general pow-wow of the five
tribes to which were sent represent
ativcs Of the Cherokee nation.
The result of their deliberations
was "not to SELL" What right
had they to do this further than
they are concerned themselves?
Their action is not law nor has it
the force Of law. 1t is not authori-
ty by reason of any law for decid-
ing matter that belongs only to
the Cherokee people. The council
itself has not that auth Jrity,
much less to cell a foot of land
without the express consent of the
Cherokee people. "The lands of
the Cherokee nation shall remain
common property" of whom? Not
Of the national council, to sell when
it sees fit, nor of the chief execu-
tive to monkey with, but of the
Cherokee people, and the only
way legal sale can be effected is
by their consent and approval.
The lands are as much the sex
elusive and indefeasible property"
of the people in common as are
the improvements made thereon OF
the citizen who made or may right.
fully be in possession of them.
This certainly is a correct inter
probation of that part of the con-
stitution which having been adopt
ed by the people in general
convention shows in this provision
to whom the land belongs and by
whom claimed. This community
of property will ever remain such
until the people by themselves or
authority delegated TO the council
shall agree otherwise. Both parties
TO the tredty of 1866 recognized
this fact. This condition of lands,
expressed as common property
and clearly that of the people who
occupy them, is no less exclusive
in ownership than the improve
monts of a citizen, because the
lands belong to the people, in the
double sense as a whole and as
individuals. In gaining the indi-
vidual consent to q surrender OF
their tenure in common or TO q
sale Of any portion Of their lands,
the consent of the whole is secured
and every condition necessary TO a
legal sale Of the lands in place.
1t follows then that as improve
ments are incapable Of being made
void under the constitution with
out cession by the owner, so
under the same instrument are the
lands, the indefeasible property Of
the people and by the people can
only be conveyed. Were the lands
the property of the nation as a
government the right TO sell is not
yet in the council, because the
government is made up Of three
departments. The Legislature is
only one and not all three. The
executive may not approve, or
having approved, the judicial may
declare the proceeding unconstitu-
tional. Taken either way the
council has no authority in itself
TO sell one foot of land. Some
may claim that the council is a
representative body Of the people.
Right, TO a limited extent. "Thc
national council shall have power
TO make all laws and regulations
which they shall deem necessary
and proper for the good of the ma
ton" Not 10 sell foot of land.
The patent is TO the "Cherokee
nation" and not 10 tho council.
II il were, the council, leaving out
the constitution, could sell every
foot Of land we have-not only our
western lands but even our homes.