Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-03-24

paragraph OF the second article OF
the agreement; that provides:
"The Judicial tribunal Of the
Cherokee nation shall have exclu-
sive Jurisdiction in all civil and
criminal cases arising in the Cher
okee country, in which members
of the Cherokee nation, by nativity
or adoption, shall be the only
parties.
This provision is very similar
to that contained in article 10 of
the treaty of 1866, but by the sec
ond paragraph of the third clause
OF article IL of that treaty it is pro-
vided that mo law shall be enacted
by the Cherokee nation incousist-
ent with the Constitution of the
United States or laws OF congress
or existing treaty stipulations with
the United States. +" The omission
of these or other words of similar
import from the present agreement
is matter that should not be
passed unnoticed. In my iudg-
ment no agreement should be made
with any tribe or people with,Dl
the bounds of our country that
might give rise even to the least
question, even among themselves,
AS to the supreme dominion of the
United States government under
the Constitution. | have there
fore had added to the first section
of the oill the words: "Subiect
to the Constitution and laws of the
United States"
As to the accounting provided
Tor between the Cherokee nation
and the United States, although
liable to lead, in my judgment, to
very protrac,ed and expensive in
jury and to result in but little
profit, make no objection.
The fifth consideration set forth
in article 2 of the agreement is to
the effect that "any citizen" of the
Cherokee nation who "prior to TIE
lst day of November, 1891, " was a
bona tide resident upon, or had as
a farmer made permanent improve
ments upon, any part of the ceded
land, and has not yet disposed OF
them, may be allotted the lands so
improved as homestead, to the
extent of eighty acres for himself,
and a like amount to his wife and
each child, to conform to the pub
lie surveys and to cover the i'm.
provements, as far as made, and to
the extent of the allotments. And
any citizen Of said nation, who,
prior to said date, had in the same
manner improved a portion Of the
ceded lands, but not residing there
on, shall be entitled to an allot-
ment of the same TO the extent OF
eighty acres to be taken in like
manner 1t is further agreed that
the number of said allotments
shall not exceed 70, and that the
quantity of land so allotted shall
not exceed 5000 acres in quantity.
For all lands thus allotted the sum
of 81 40 per acre is to be deducted
from the amount agreed to be paid
to the nation for the ceded lands.
In my judgment, from inlorma-
ton in the department, there was
no occasion for the insertion OF this
article or foundation of claim in
this particular by the Cherokee
nation to the extent made aud al
lowed; and Notwithstanding the
restrictions provided as to claims
by allottees and the amount Of
proof that may he required 10 pro-
duce, | believe that 1t will result
in may attempts at fraudulent i'm.
position by the INSCRIPTIONS.
Representations that such frauds
are already concocted and ins course
of execution by individuals and
have been formulated in petitions
have been considered, by your di-
rection, in connection with this
business.
have already expressed my
npininn that the amount 10 be paid
may well be left with congress, but
as to the manner of its payment |
think too much is leit'to the Cher
okee nation. My conviction is
that the Cherokees are receiving
by this agreement a very large
consideration compared with thei.
interest in the land ceded, and to
allow this whole sum of money to
be paid over on demand is to un-
.rfT To
Of these Indians a much greater
responsibility than has been al
lowed to'others in like condition.
The provision that if the nation
should cause the money OF any
portion of it TO be distributed per
capita and exclude therefrom the
classes of persons (freedmen and
others) provided for in articles 8
and 10 Of the treaty of 1866, on
complaint of the parties thus dis
criminated against, congress may
authorize them to bring suit against
the United States and the Chero-
Okee nation, ETC., Is oH.irsly nm
satisfactory to me.
Ihe presumption is INDUCED, by
the very language OF the agree
ment, that such a discrimination
may be made, and ths past history
of the dealings of the nation show
that II has been heretofore prac-
ticed. There should be no hesita-
tion, it seems to me, in making
provisions against any such posi-
bility Of unjust discrimination, and
a sufficient portion Of the money
should be retained to leave it with
the United States to correct the
wrong, should it occur, without
driving those already injured to
the hardship OF a lawsuit and that
dependent upon future legislation