Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-08-12
OUR asovnRE1aNTY. |,


OUR "SOVBREIGNTY."
CnourEAu, I. T., August 2, 1896.
EDITOR CHIEFTAIN: - According
to McArthur's late dccis on in the
Ross and Wolfe case, "the United
States of America acknowledged
the Cherokee nation to be n
sovereign and Independent nation,
authorized TO manage and control
their domestic matters, to govern
themselves and all persons who
have settled within the territory,
free from any right of legislative
interference by the several states,
composing the United States,
and from interference by the CON
gress of the United States in refer
ence to acts done within their
territory" Such is the opinion of
the Judge. The admirable thing in
the decision is the judges frank
ness of expression in the premises,
right or wrong and the natural
supposition is that Macarthur, being
Judge, the decision is right and
legal. We take the position that
in part he is right and in
part he is wrong. So far as
the dismissal of Ross and Wolfe
are concerned may be well enough
for if they have criminated them
selves after council has made this
special appropriation, for q speci g.
fed purpose, and under its direct
instructions fulfilled that purpose,
of course in the Cherokee courts
are the places where they should
be tried if tried they must be. But
/ have reference now directly to
McArthur's idea of our "sover-
eighty" a noted journalist took
the position some weeks since that
so long as the government fed the
Indians they were its wards, but
when she maJle treaties with them
she virtually acknowledged them
TO be a foreign, Independent, and
separate Sovereignty" which GER
tainly is not the case, neither his
nor McArthur's theory. 1t is not
supposable for a moment there
really exists within the very heart
of the United States an Indian ma
ton, independent, separate, and
beyond the control and jurisdic-
ton of the United States. 1t is
true nevertheless by treaty we
have the right TO enact laws, and
control our internal affairs, but
such privilege does not place US in
the enviable position of independ-
ent sovereignty. Neither can this
nation enact any law inconsistent
with the constitution of the United
States, nor any acts of congress
that may be made from time to
time. This is about the real extent
of our Sovereignty" Besides
this, look what this session Of con-
gress proposes TO do in regard to
the $500, 900 act Of 1888. She pro-
poses taking from the Cherokees
S75, 600 or so much as may be
necessary to make restitution to
the freedmen, Delawares and Shaw
nees, money they claim due them
in the late $4,000 matter. Such
is unquestionably the extent of our
Sovereignty" Should this ma
ton by unwise legislation show to
the world that it is incompetent OF
self government again would we be
showed the extent Of our "sover-
eighty" The recent act Of con-
gress granting the right of way
through our country to another
railroad without our consent shows
to the world the extent "the Great
Father" recognizes our "sover-
eighty" From the time the first
treaty was made with the Indians
and kept in good faith by William
Penn in the woodlands of Pennsyl-
vania, we have had examples
without number of the manner and
extent to which the great American
government has recognized our
Sovereignty" And now in the
light of the nineteenth century a
United States judge with all the
candor of a saint comes 10 the
front and says the Cherokees are
an "independent and sovereign
" If this is McArthur's
idea of sovereignty" we feel like
getting on our knees and praying
as Josh Billings once prayed:
"from such good Lord deliver us"
A sovereign power cannot exist
within territory Of the United
States. Sovereign, means supreme
in power. Sovereignty, means the
exercise Of supreme power. That
being the case the question might
arise, which has the greater power,
the Cherokee nation or the United !
States government. Taking it all |
in all the judges idea of soyer-
eighty is certainly limited. The !
right we enjoy and have of making
laws for our government, and con-
our internal affairs our
selves, lacks n great deal of mean |
ing, and being in law an ac-
acknowledgement of independent /
sovereignty. We hope the day |
nay come when Dur proper rola- |
ions TO the other government may |
DC better defined and better un-
lerstood. j. II. BECK.
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A ROMANTIC CAREER.
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