Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1885-12-24
VETO MESSAGE.

| IAHLkQlAns december Sd, lHs1.
To the Honorable, The Senate in Reg
uldr Session:
GENTLEMEN;-I herewith return
the accompanying bill, entitled
can act providing FOR the payment
of the money received as tax for
stock grazing upon Cherokee lands
west of the $50 per capita, for your
reconsideration for the following
reasons:
The bill provides for the per cap.
ita distribution of certain surplus
funds in the national treasury
among some Cherokee citizens,
while excluding other citizens.
The funds are termed surplus be-
cause they are not used to defray
the expenses of the government.
The question in this case is
whether the bill is in conformity
with the constitution. If it is not,
section 7th, article 4th, of the con.
stitution has imposed upon me, as
principal chief, the duty to pre-
serve, protect, and defend the CON
stitution of the Cherokee nation,
and will not permit me to approve
the bill.
The legislature appropriatcs at
various times certain sums from the
public funds, sometimes for one
cause, and sometimes for another.
Sometimes less ahd sometimes n
larger sum--at times for the benefit
Of citizens and at others of foreign
ers-sometimes in settlement of ex-
press or implied contracts and some.
times as gift TO the destitute. All
Of the immense sums accruing year
ly from the national investments
and devoted to general purposes
have been thus expended for many
years and the constitutionality of
the different appropriations has
never been questioned, although
their justice and expediency may
have been.
Is then the disposition ofthe pub
lie funds left by the constitution en-
tirely at the discretion of the
national council? In other words,
is the national council authorized
as the representative Of the nation
TO expend the money belonging TO
the nation in any manner and for
any purpose that may see proper?
and does no member of your honor
able body or of the other branch of
the legislature care so little for the
preservation of their nation as to
deny or repudiate any of the en-
gagements, to carry out which the
good faith of the nation is pledged.
Having made the treaty in good
faith, the next step for the parties
was to execute it in good faith. AS
the treaty vested certain Indians,
and colored persons, with all the
rights Of native Cherokees" with
out defining what their rights were,
n definition Of these rights became
Immediately necessary. Who then
were authorized to settle what rights
were meant by the treaty as "the
rights of native Cherokees," and
has that authority been exercised
and the question settled? If 50, this
bill as well as all others must con.
form to the definition given or the
treaty will be violated.
Section 20, article 20 Of the con-
as it then was, provided
that acknowledged treaties shall be
the supreme law Of the landn and |
the national council shall have the !
sole power Of deciding on the con-
of all treaty stipulations.
This provision makes it clear
that all treaty stipulations shall be |
and carried out as those |
stipulations as construed by the !
national council.
Acting under this authority OF the |
constitution the national council on
Nov. 26, 1865, passed an act de- |
clarlng its purpose to carry out in !
good faith all OF its obligations un-
der the treaty of 1866, by enacting
amendments TO the constitution
constituting and enforcing said treaty
80 far as this nation is concerned, !
which amendments were provided |
10 be and were, submitted TO a gen
sral convention of the people for
heir ratification. and were ratified. |
How then did the council con |
true and what was meant by "all /
he rights Of native Cherokees?n
The council construed this phrase
" making the colored persons de-
cribed BY the 9th article of the
reaty, and by making all the In
iaas who should be adopted under
BE 18th afiiclQ equal to native born