Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-01-28

venuye genius. The ordinary
troubles that besieged our nation
were not sufficient or serious
enough to satisfy his towering am-
bition, or TO open up a scene for a
full display of his powers, or to
crafty his avarice.
The complaint of the North
Carolina Cherokees against the
Cherokee nation begon soon after
the late war. Through their attor-
ncys of both petticoat and bifur-
Gated persuasion, a case was of
ten attempted TO be instituted
before the court of claims in Wash
ington, or to induce the interior
department to take measures to
determine its merits. There was
no law or provision of law upon
which the court could claim juris-
diction in the case, nor was there
any provision of treaty or safe con-
struction of treaty upon which the
interior department could hear the
complaint. Every possible means
was resorted to, to make a
case before some authority
that had shadow Of right
to award a decree, but none
could be found. Thus for nearly
ten years, without accomplishing
anything, the effort has been made
to get a hearing before some
tribunal. There was no way of
procedure in law or treaty and
none could be created. If the
North Carolina Cherokees wished
to enjoy any of the benefits Of the
Cherokee nation west, they must
move to and become a part OF it.
As citizens Of the state OF North
Carolina, without "a recognized
tribal organization to claim the
rights Of government on the condi-
tions of a separate nation, they
had no right by reason of any
stipulation to anything guaranteed
to the Cherokee people as nation.
There being no individual interest
but all common in the sense of a
nation, they could lay no legal
claim to the property owned in
the common by the Cherokee peo-
pie west. This was just the condi-
ton of their claim, and there was
no way or means in law or treaty
to try its merits.
In the midst of our nations
safety against their complaint and |
the impossibility of it even becom-
ing serious trouble, Phillips and
the delegation assented to an enact
ment by congress OF a law that
would authorize not only the North
Carolina Cherokees, but every
species of claimant to enter suit
against the nation. A breach was
made in the wall of our protection
against this enormous claim, to be
entered by Mr.. Lockwood leaning
on the aim of Attorney Shellabar-
ger, confronted in the Scotch
accent by Col. Phillips. He open
ed a door to be entered, then
'amed it with his person at the no
little expense Of the Cherokee ma
ion, as a cost of his perfdy.
Great credit is claimed for
Phillips in what is termed his
uccessful defense of the nation in
his case before the court of claims.
But if credit is given to him to
whom the credit is due, assistant
Attorney General Fay was more
AotSAA AhA W bhNIGoo buAu L ullllDb, /
IS any one can easily discover by
eferring to the briefs of the two
The case is before the supreme
ourt of the United States, whittier
dr. Phi lips has followed it, at the
as reported, of the chief.
IS further evidence of the fact his
'rief is said to be out, together
With that Of Mr.. Shallabarger. at
orney for the North Carolina
,herokees-the former a hotch-
'otch and the latter, as given by
judges of such matters,
erse, strong and logical.
What will be the decision of the
ourt is yet TO be seen.
A SOLUTION SOLICITED.