Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-08-22

enco to the right OF the United
States 70 settle friendly Indians
upon the lands OF the outlet, by
quoting Article 16 OF the tire atty oi
1866.
lie further quotes the following:
"The Cherokee nation TO retain''
1.-The right Of possession Of, and''
jurisdiction over, all Of said"
Country west Of 96s Of longitude, "
"until thus sold and occupied, "
"after which their Jurisdiction"
land right Of possession TO term"
Innate forever as to each Of said"
"districts thus sold and occupied. "
According TO the above quoted
article of treaty. the 0sages, Pom
cHs, Pawnees, Nez Perces, Ottoes
and Missourias have been settled
in "the Cherokee country west of
&C.," the several districts" occu-
pied by them respectively have
been paid for, and, rs convincing
proof that such is tho case, deeds
have been required and executed
from the Cherokee nation to those
tribes, or in trust 10 the United
States in behalf Of those tribes,
conveying the distinctly marked
tracts which they occupy.
As to the rest of the Cherokee
country lying west of96' the same
not having been "sold and occu-
| pied" by friendly Indians, the
Cherokee nation claims the same
right and title TO it and to every
part Of il rs they would have held
in the lands occupied by the tribes
mentioned, had those tribes, or
any others, not been settled there
namely, the right OF possession
OF and jurisdiction over said lands
so long as the above quoted article
Of treaty shall remain in force, and
the right in themselves, "their
heirs, and successors 10 have and
hold" without Limitation and for
ever, under the Cherokee patent.
Such. in brief, is a statement Of
the right, title, and interest, and
the grounds thereof, Of the Chero-
kee nation TO their lands west Of
the Arkansas river, as understood
by them.
1t has been my duty to make
this statement because your propo-
sition is not only vague but mis-
leading, if the statement | have
made is true.
The reply Of the commission to
this communication, published
elsewhere in this issue of THE
CHILFTAIS, seems to have been
called forth by the following:
trust the foregoing statement
and observations will not be taken
M an attempt on ruy part in the
least to suggest, far less to direct,
the kind and form of any PROPOSE
tion your honorable commission
have to make. At the same time
! would have your proposition to
be such one as myself aud people
can understand in the sense in
which il is understood by your
commission, and such a one as will
not subject the Cherokee nation to
injurious Reconstruction by mere
ly passing upon il. Therefore the
proposition should be as plain as
il can be made, and should accord
with admitted facts. What have
said has been to assist in making
ii so, should you so desire. Un-
der the circumstances, it will be-
como my duty to submit your
proposition to the national council |
in the form in which you shall |
present it.
The present constitution Of the |
Cherokee nation adopted Septem-
ber 9th, 1889, declares that "the
lands OF the Cherokee nation shall |
remain common property" The
National council is given the pow
er, Sec. II, Art. 3, to make all
laws and regulations (which they
shall deem necessary for the good !
of the nation, which shall not be
contrary TO. this constitution. {"
The national council is composed
Of members duly elected by the
Cherokee people and in every
case duly and regularly sworn to
support and defend the constitu-
tion, and TO the utmost Of his abil-
ity and power to observe and con-
form thereto, and the national
council is nowhere in the constitu-
tion given the power to sell or
cede the lards of the Cherokee ma
tion which by the treaty and con-
stitution are the common property
OF the Cherokee people.
If it should be the desire OF the
Cherokee people to code this prop
erty, or part with the title to the
same, an amendment to tho con-
siitutiOn will be necessary.
! deem it nay duty rs principal
chief Of the Cherokee nation to
submit your proposition TO the
national council OF the Cherokee
nation at its next regular session
30 that they may consider the
matter; and, If it should be re.
garded as advisable by them, that
they may, in accordance with the
constitution, submit to the Chero-
kqe people for their consideration
IN amendment TO the constitution
which shall cover your proposition
Dr authorize the sale Of the land,
IA the Cherokee people see fit.
AS expected, and as mentioned
by The CHEFTAIN of last week,
SO far between the
'hief aud the commission in their
'ttompt at negotiation, difference
'f opinion, as TO the proper man.