Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-06-02

ilon lIlbhi lolm OF 0ONcIuulcal
and adopt a written constitution
and laws. they furnished the model
by which this creation under the
American constitution was made,
BY the constitution Of the Chero-
kee nation. the treaties are the su
preme law of the nation. BY the
9Th article Of the treaty Of 1885,
(pages 90 and 10, Revision Of
Treaties the United States coynan-
ted and agreed that they would
secure to the Cherokee nation the
right by their national council TO
make and carry into effect all such
laws as they may deem necessary
for the government and protection
Of the persons and property, with
in their own country belonging to
their people or such persons as
have connected themselves with
them ProUided al,0ays that they
shall not be inconsistent with the
constitution of the United States
and such acts Of Congress as have
been or may be passed regulating
trade and intercourse. F."
That as it stands is part of the
supreme law Of the Cherokee ma
ton, and fully obtains to-day. 1t
does not for moment mean that
Congress can proceed to pass laws
to take or set aside their property
or other vested interests of the
Cherokee nation and people. tits
very different from the proposition
in th G bill we have object
ed to, that this agreement,
and all our vested rights
under it, might be subject to such
new laws or changes, as Congress
might choose to make. The pur-
pose Of this bargain for which we
sell our lands is to secure the
faithful execution of the guaran-
tees Of former treaties, not to put
in the act executing this agreement
a provision that one of the parties,
in its own interest, might set them
aside.
Nor is there any new point in
the agreement that Cherokee
courts and law should have exclu-
sive jurisdiction over cases where
their own people alone are con-
cerned. Under treaty and for
more than fifty years criminal
cases between Indians and white
men have gone into the Federal
courts. The Western district
court Of Arkansas has largely been
a tribunal to try such cases from
the Indian Territory. Infraction
of the intercourse law, prohibiting
the introduction of liquor, 60 be-
fore it no matter who the parties
are. SO do the infractions of the
st-oilice laws ard counterfeit
ting.
The Muskogee court is of sim
liar character, but of limited jur-
isdiction. The Cherokee nation
has a complete judicial system Of
its own, with supreme and inferior
courts. Its officers understand
their own people and law, and can
cases among themselves
better then your courts could. No
good end could be served by giving
to any Federal court a jurisdiction
interfering with the local manage
ment of their affairs which would
be in violation of treaty For this
reason and the view of the evi-
lent intention Of the 18th article |
)f the treaty Of 1866, this was in
serted 1t changes no condition |
llready established, and is neces-
,ary to prevent endless confusion |
md unnecessary harrassment
In regard to the provisions Of
he 9th section OF the agreement
which provides that Cherokees
Who have certain rights or i'm.
in these lands thus to
,e ceded, should be allowed to Sc.
eet so acres each to include their
Improvement, no objection could
,e made. The amount allowed is
'ery small and might have been
doubled 1t costs the United
states nothing. Under the treaty
if 1866, Cherokees having i'm
on land then ceded
we're allowed to take 800 acres,
ncluding their improvements.
Wherever any just legal interest
t a Cherokee exists in those lands
ought fully to be respected. 1t
; true some squatter who has been
boxing out for the places he might
'ant to secure, may have a greedy
ye on some spot where a Chero-
ee has spent his labor and mon
Y and may clamor to have him
riyen off, for fear his presence
light conflict with his covetous
esire, but an honest settler who
ants merely to obtain a home on
lnds to be opened up, would wish
, deprive any other man of his
lst rights. Attempts have even
cen made to declare that Chero-
ees have no right there, in the
ce of the treaty and deed which
.anted them its free and unalolest-
use toreUer, and the treaty OF
'66, which provided for this tract
,ecifcally, that they should ere
in possession of and jurisdiction }
'er until sold or occupied" " In e
e face Of these plain guarantees ?
cannot but be source of regret :
at there should have been an at :
mpt to deprive Cherokees of
ch a right, or that revenue de-
red from such source should
we been. denied, and our public
d high schools closed in conse-
ience of the want of funds thus =
Ken from the nation.
In acceding to this agreement
e Cherokee people are well
ARE that the lands are worth far
)re in the markets of the world
en- they thus obtain for them. Z
the adjacent state pasture lands
better than the poorest of this
.ct are worth ten dollars per
- ..,l fl.. .,.ns, ,rt. ,,..rfF.,f, 80 tl