Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-06-02
and adopt a on
and laws. they fh 49, del

and laws. they 1Irl 49, vdel
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 50 and 20, Revision of
Treaties the United States covnan-
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 dIIodyS 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.
That as it stands is part of the
supreme law of the Cherokee ma
ton, and fully obtains to-day. 1t
does not tor a 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. Itis
very different from the proposition
in tn e 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-
siye 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, go be-
fore it no matter who the parties
are. So do the infractious of the
Post-office laws and counterfeit
ting.
The Muskogee court is of a sim
liar character. but of limited jrr-
isdiction. The Cherokee nation
mas a complete judicial system of
its own, with supreme and inferior
courts. Its officers understand
their own people and law, and can
adjudicate 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 evil
dent intention OF the 18th article
of the treaty of 1866, this was in
serted. 1t changes no condition
already established, and is neces-
sary 10 prevent endless confusion
and unnecessary harrassment.
In regard to the provisions of
the 9TH section of the agreement
which provides that Cherokees
who have certain rights or i'm
provements in these lands thus to
be ceded, should be allowed to Sc
lect so acres each to include their /
Improvement, no objection could |
be made. The amount allowed is |
very small and might have been |
doubled. 1t costs the United |
States nothing. Under the treaty |
Of 1866, Cherokees having i'm
on land then ceded |
were allowed to take 800 acres,
their improvements.
any just legal interest
of a Cherokee exists in those lands |
it ought fully to be respected. 1t |
is true some squatter who has been
looking out for the places he might |
want to secure, may have greedy |
eye on some spot where a Chero-
kee has spent his labor and mon
ey and may clamor to have him
driven of, for fear his presence
might conflict with his covetous
lesire, but an honest settler who
wants merely to obtain home on
ands to be opened up, would wish
o deprive any other man of his
ust rights. Attempts have even
)een made to declare that Chero-
xees have no right there, in the
ace of the treaty and deed which
granted them its free and unHtOlcSt-
d use torecer, and the treaty OF
S66, which provided for this tract
pecifically, that they should ere
ain possession Of and jurisdiction
,ver until sold or occupied" " In
he face of these plain guarantees
I cannot but be a source OF regret
hat there should have been an at
empt to deprive Cherokees of
uch a right, or that revenue de-
iyed from such a source should
lave been denied, and our public
nd high schools closed in conse-
Iuence of the want of funds thus
AIKEN from the nation.
In acceding to this agreement
he Cherokee people are well
ware that the lands are worth far
more in the markets of the world
hen they thus obtain for them.
n the adjacent state pasture lands
10 better than the poorest OF this
ract are worth ten dollars per
ere, and the eastern portion OF the /
ract is very valuable land, the
inest that will ever again be open
I =, .lo-a TTnitaI Statas IInnar