Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-02-11
UNITED STATES COURTS.

1t is true that congress has au-
thority to create courts of the
United States in the Indian Ter
ritory. 1t will appear necessary
on three grounds; of convenience,
economy and justice. The juris-
diction of the court at Fort Smith,
Arkansas, extends over the five
nations, confined solely to GRIM
inal cases. There is scarcely
anything which is, and has been,
so fruitful a source of trouble, op-
preston and injustice as the juris-
diction Of this court over the Iudian
Territory.
1t has become very common oc-
currence for innocent men TO be ar
rested by their marshals and drag
ged to Fort Smith and compelled
to give bail in a city of strangers,
or in default of such bail be incar-
cerated in the common Jail until a
meeting Of the court. The princi-
pal reason for the establishment of
court within and for this country
is one of justice. The five civil
lied tribes have a right to ask for
court, that they may have the
right to q trial by a jury Of their
own race. The jurisdiction in its
application to the Indian must be
limited by the terms of the treaty.
The thirteenth article of the treaty
of 1866 reads thus: "The Chero-
KEGS also agree that court or
courts may be established by the
United States in said territory,
with such jurisdiction and organ
lied in such manner as may be
prescribed by law: Provided, that
the judicial tribunals of the nation
shall be allowed to retain exclusive
jurisdiction in all civil and criminal
cases arising within their country,
in which members of the nation, by
nativity or adoption shall be the
only parties, or when the cause of
action shall arise in the Cherokee
Nation, except as otherwise provid-
ed in this treaty." The Cherokee ma
tion cannot and does not object to
the creation Of these courts, in ac-
cordance with the terms ofthe treaty
and that their jurisdiction cannot
be allowed to interfere with the local
courts of the nation. Congress
cannot lawfully abolish the courts
Of the nation and subject eitherna-
tive or adopted members to the un-
limited jurisdiction Of courts of the
United States. Give the Indian
Territory a court and let it be To-
Gated at Fort Gibson. II this can
be done during our present con-
gress, it will be an advance step in
the right direction. We pray for
the time to come when the govern
ment will stop hunting Indians
like game; the tribes destroyed
without hope Of redress. The hu-
manity Of the nation must have a
well defined and aggressive policy,
and force its adoption on the gov
ernment. How long will the gen.
eral government continue TO prac-
tice her wrongs upon a weak and
defenseless race-cruelties without
name and perfdies without num-
Der. Only prompt and ample sep
aration can avert the lasting strain
of a severe but righteous judgment.
See the Canadian government.
It fulflls It's plighted faith, gives
the Indian personal rights, protects
him by wise laws, and its Indian
service is not the spoils Of partisan
ship. She has her courts, and the re-
result has been peace a prosperity,
both 10 the Indians and the settlers.
The Indians have had no fedress
except war The public must
know the truth, and its conscience
must be thoroughly aroused. VIII
the government ever reform an
evil until the people demand it?
S. S. STEPHENS.