Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-07-22

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contracting parties TO the treaty of
1896 for protection in the quiet
and peaceable possession" of their
rights as participants in all the
rights of native born Chcrokecs.
These freedmen and other classes
were excluded by the national
council from their pro rata in the
per capita division of 1888, on the
ground that they are not Cherokee
Indians by blood. This action of
the council, il was claimed, was
taken i'm pursuance of the act of
congress Of March the Bird 1888.
That act of congress making the
appropriation Of $500, ,O9) provides
that the said sum shall be expended
rs the "Cherokee law directs. +"
The spirit and intention this act
simply provides, rather bestows
upon the Cherokee council power
within the law and vested rights of
all Of the several classes of Chero-
kee people, to say hOto, rather, for
what object or purpose, the fund
thus appropriated should be ex-
pended for the benefit Of the whOlc
Cherokee people or nation. No
matter how they are joint or several
right to participate was acquired.
whether under the 9th article of
the treaty of 1866, by adoption, by
Incorporation, by naturalization or
otherwise. Congress did not in
tend to confer upon the Cherokee
nation right to abrogate solemn
treaty obligations, and to violate
both the constitution of the United
States, the Cherokee constitution
and the Cherokee statute laws.
The constitution of the United
States distinctly provides that no
person shall be deprived of "life,
liberty, or property, without due
process Of law" The constitution
Of each nation respectively pro-
vides that all treaty stipulations
shall be the supreme law of the
land. Thus we discover, the ac-
tion of the council, in excluding the
classes debarred, is in fragrant, dis
regard, and violation OF the
provisions of these respective con-
stitutions and Of the solemn terms
of the treaty of 1866.
The action of the council of the
nation is in violation of the agree
ment with the Delawares and the
Shaw nees as provided for in com.
piled laws of the Cherokee nation.
II is alleged that the Cherokee
citizens by adoption or by the
terms Of incorporation or naturali-
zation, possess no rights to owner
ship in the common tenantry of
the Cherokee public domain, and
are therefore excluded from all
right of participation in proceeds
Of the lease or sale thereof. In
reply we recur to the phrase, "all
the rights of native Cherokees," ,"
rs contained in the 9th article of
the treaty of 1866. II is desired
TO remark that the terms of the
said treaty and of the agreements
between the Cherokee nation, and
the Shawnees and Delawares are
equally inclusive with the phrase,
"as bestowing beneficiary rights
upon the Cherokee freedmen" In
the terms Of the first article of the
treaty of date August 18th, 1916,
between the government OF the
United States and that of the
Cherokee nation, it is stipulated
that, "The lands now occupied by
the Cherokee nation, shall be Sc.
cured TO the whole Cherokee peo-
pie for their common use and ben
eft" The employment Of the
clause, "the whole Cherokee peo-
ple," as used in said article first,
Of the treaty of August 18th, 1916,
has never been modified nor chang
ed in the stipulations and terms of
any treaty made subsequent TO
that date; but is now in full force
and operation, vesting the right to
the Cherokee lands in common ten
antry in the Whole Cherokee people,
whether they acquired the right
thus 10 participate by blood, by the
terms of treaty stipulatiOns, by
adoption, by naturalization or
otherwise.
The above described citizens by |
adoption or incorporation, are by |
the direct votes of "Cherokees by |
blood" and by the votes of all |
classes Of Cherokee citizens, en-
titled to vote, popularity elected and |
admitted TO the Cherokee legisla-
ture. Presuming that the above
described classes Of adopted. or in
citizens, have no right of
ownership in the soil but that they
are debarred from the requirement
Of said right Of ownership, and con-
sequently from sharing in the pro-
ceeds of the rental, lease or sale Of
the Cherokee public lands; and
that they yet are placed in official
authority to legislate upon, and TO
determine, and TO define the pro-
perty rights, personal and real, Of
'Cherokees by blood" We have
thus presented an incongruous and
inharmcnious spectacle, utterly
unknown to the courts of the
United States, and therefore utterly
unknown TO American law and
equity.
1t is obviously impossible to
argue this important question in
al its ramifications in short letter
10 a newspaper, but it is regarded
As essential TO the best interests of
he Cherokee nation that these
Affairs reaeh an early eauitable