Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-03-01


Title of lands of Chcrokees.- -
The title to all the lands of the
Cherokee nation was obtained by
grant from the United States.
This title is a base, qualified or
determinable fee without the right
Of reversion, but only the posi-
bility of evcrsion in the United
States. This in effect puts all the
estates in the Cherokee nation.
Power OF congress. Congress
cannot grant right Of way over
the lands Of the Cherokee nation
without its consent, on the ground
that the United States has title to
such lands. fit can do so it must
be done because the government
Of the United States can exercise
with reference to the lands Of the
Cherokee nation the right of emi-
nent domain
Sovereignty, what it is.-By
sovereignty in its largest sense is
meant supreme, absolute uncon-
trollable power, the jus summit i'm
piri, the absolute right to govern.
Sovereignty in government is that
public authority which directs or
orders what is to be done by each
member Of society in relation to
the end of the association or or
ganization.
Government is not sovereignty,
but it is the machinery or expedi-
ent for expressing the will Of the
sovereign power.
Eminent domain, what it grows
out of.-The right of eminent do
domain does not grow out OF the
tenure by which lands are held.
When a government asserts the
right it admits title in the one
against whom it is asserted. The
right Of eminent domain exits in
dependent Of the consideration
whether the lands would escheat
to the government III case of fail
ure of heirs.
Cherokee nation, under what po-
litical control. The. Cherokee ma
tion, whilst it owns the soil of its
country is under the political con-
troll Of the United States and it is
on it for its political |
rights. This, as the history Of
this country has so often demon
strated, is necessary for the pro-
lection Of its people.
The Cherokees not sovereign.-I
The Cherokee nation is therefore |
not sovereign, for its dependence
on the United States forbids the
idea of the existence of sovereign
ty in the Cherokee nation as
against the United States. ii not
sovereign it cannot as against
the United States have the right
of eminent domain as sn inherent
right.
1t cannot have il because it has
been granted to it by the govern
ment, as the government cannot |
grant away the sovereign powers
ofthe people.
The difference between the rights |
Of property and the right of SOW
ere,gnty. Therights ofproperty are |
defined and become vested accord |
ing 20 the terms Of the grant The !
rights Of sovereignty is inaliena-
bic and rests in the discretion Of !
the government, to be exercised |
without let or hinderance over any
part Of territory subject to its po.
litical control.
In a case where it exists in the
of the United States
every provision Of law or treaty
purporting to restrain its full and
free exercise by the government
would be void.
The right of eminent domain
belongs either TO the federal gov
or the government OF the
states. The right to be exercised
in a state must be obtained from
the state all in ell cases, except
where the Federal government
seeks to exercise it as being neces-
sary TO the enjoyment Of the pow
ers conferred upon It by the con
stitution.
In the territories the right Of
eminent domain belongs to the
+ ederal government.
Status Of Cherokee nation.-The |
Cherokee nation is neither a state |
Or territory in the sense Of these |
words, as used in the constitution |
Of the United States. 1t has a |
qualified autonomy-a local gov
srnment, but it does not come
within the meaning Of either a !
state or territory, but is a part OF
what is called Indian country.
Thn ChnrnEnn Inlinns nrn 1,nInr