Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-07-22
A COMMUNICATIONS FROM ].
MILTON TURNER,
I'm Which the Rights of the Freed
men, Delawares and Shawnees
are Set Forth at Length.

men, Delawares and Shawneee
are Set Forth at Length.
wAsnISorox, ", c., July Is, 1885.
EDITOR OF INDIAN CHIEFrAIN:-
Having closely noticed and re.
marked the fair and equitable
course your paper is pursuing in
the matter with reference TO the in
terests of the Cherokee freedmen,
Shawnee and Delaware Indians,
and other adopted citizens of the
Cherokee nation, | venture to
transmit herewith, a copy of an
amendment to Senate bill, No.
1900, as il has already passed
the United States senate, and is
now on its final passage in the
house, and shall, / am authori-
tatively assured receive the sigma
ture Of the president. During the
three years in which 1 have been
diligently prosecuting the demand
Of the Cherokee freedmen for res
titution, under the solemn stipu-
lations of the treaty Of 1866 TO
their rightful pro rata Of the s300-
600 appropriated by act of March
3rd, 1888, and confined TO Cherokee
Indians by blood in the per capita
distribution thereof, it has been
my endeavor TO conduct the inter-
est Of the freedmen in a manner at
once firmly adhering TO their title
"to all the rights of native born
Cherokees," and 10 avoid all ten
dency toward disrupt;ng the har-
mony and friendliness so necessa-
ry TO the peace and welfare OF all
the several classes interested in
this matter. How | have succeed
ed, the people themselves are the
best judges. II may seem that i
should have insisted upon the
adoption by congress OF the theory
decided upon by the president in
his special message upon this ques-
ton and by the executive depart
ment Of the government. II is
true Gaat in that case the several
classes debarEed from their legal
rights would have received restitu-
tion without reference TO judicial
decision by the courts, but il is
equally true that in that case there
would have remained a dissaiisfac-
zion on the part Of the Cherokee
government, likely at any and all
times 10 contribute TO serious dis
sensions in that nation.
Under the provisions of the bill
now being enacted we shall reach
the decision Of an equitable court,
thus clearly defining the rights of
all classes Of citizens under the
treaty Of 1866, and forever remoy-
lug from the arena of serious and
threatening dissensions, this inn
pcrtant question of treaty rights.
When considered in the light of
the provisions Of the several trea-
ties bearing upon this question, il
is not difficult 10 forecast the con.
struction which any United States
court would place upon this
matter.
The land of the Cherokee nation
was patented by the United States
10 that people in 1881, and in 1866
that patent was re-enacted by the
preamble Of the treaty promulgat-
ed in that latter year. The freed
men Of the Cherokee nation were
at that time slaves and were as
such either property, OF minors, or
wards at law. If we consider them
as property. then their very eman-
cipati0n was treated for (eide 9th
Art treaty Of 1869 II we consid-
or them as minors or wards they
could either accept or reject a ben
eft or right as provided by said
article In the phrase, "all the rights
Of native born Cherokees." The
freedmen accepted in perfect good
faith their freedom aud citizenship,
the United States and Cherokee
nation guaranteeing them in call
thc rights % native born Chero-
KEGS " Al thS time the treaty oil