The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-14
The Cherokees' Treaty Rights.

The Cherokees' Treaty Rights.
The protest made by the Cherokees
against Mr.. HARvEY's bill providing State
Government for the Indian Territory seems
to be we'll founded.
The act creating tho Territory Of Okla
homa divided the region which had been
known for many years as the Indian Ter
ritory. setting Off to Oklahoma not only
the area which had just been opened to
settlement by purchase. but the much
greater western portion. occupied by
various tribes like the Cheyennes. Arap-
ahoes. the Kiowas and Comanches.
Those reservations. however, although
then included in Oklahoma, remained
under national control. precisely as In
dian reservations are geographically in
| cluded in Utah or Colorado or California.
Tho diminished Indian Territory OF
to-day really embraces only the compare
lively small region occupied by the Chero-
kee. Chickasaw, Choctaw. Creek. and Sem
mole nations. known as the five civilized
| tribes. together with the lands Of tho sew
eral tribes Of the Quapaw agency near the
northeast corner of the Cherokee nation.
! The characteristic feature Of the HARVEY
bill. as distinguished from other plans for
| admitting Oklahoma as a State. Is that it
proposes to bring in with it also. under It's
| territorial domuin. the new Indian Terri
tory as thus described The new State OF
Oklahoma would then cover all the original
Indian Territory. and the latter would dis
appear entirely from the map.
| There can he little question that such
scheme. If consummated without the con-
sent OF the Indians. would be violation OF
the spirit and letter OF the treaties OF 1923
and 1885. which provided that no State or
even Territorial Government should be
established over the Cherokee lands. The
treaty OF May 6. 1928. gives the Cherokees
"a permanent home. which SHALL under the
most solemn guarantee OF the United States.
be and remain theirs forever" and one Of
the purposes OF the treaty is said to be Ito
avoid the cost which may attend the nego-
tiations to rid the Territory or State OF
Arkansas. whenever it may become State,
OF either or both Of these tribes" The
treaty then guarantees to the Cherokee ma
ton specific area. and agrees " that no OBJ
stacles arising out OF the presence OF q white
population. or population OF any sort. shall
exist to annoy the Cherokees. and also to
| Keep I'LL ouCu from IHS WcSU Oh SAID Inc IN
the future" But in the treaty of 1885 the par
ticular point in question was put beyond all
doubt since there the United States agreed
that the lands coded to the Cherokces should
never without their consent be included
within the territorial limits or jurisdiction
OF any State or Territory" And according
| ly 1t proceeded to give the Cherokees tho
right ito make and execute all such laws,
through their national councils. as they
may consider necessary for the government
and protection Of persons and property"
| 1t may be replied that the purpose Of the
current legislation Is not to destroy the
privileges OF home rule thus guaranteed to
the Cherokces. but simply to include their
lands In the geographical area Of Okla
homa. rs other Indian reservations are in
| cluded in various States. and yet are not re-
lievcd from United States jurisdiction.
| This Is only. 1t may be urged. n proper pro-
| vision for the future. 80 that when the five
| civilized tribes are ready to accept Aneri-
can citizenship the machinery of State Or
ganization can at once be set in motion
| among them.
But even this restricted form OF the pres
ent plan would not in the least meet the OBJ
lection founded on the treaty OF 1885, That
agreement expressly recognizes the very
contingency now presented. and pledges
the faith OF the United States that no State
boundaries shall be drawn around the
Cherokee country without the consent OF
its people. In that provision there was no
REIMBURSEMENT Of United States authority.
and In fact an agent exists to-day for the
| five civilized tribes. who has authority to
carry out the regulations of the Interior
Department concerning trade and other
important matters. But the specific agree
ment made with these Indians, as dis
| tinguished from agreements made with
many other tribes. was that the Cherokees
should be subjected solely to United States
authority, and not. except by their own con-
sent included In any State limits.
Oklahoma would not increase her chances
OF admission to the Union by trying to vio-
late this solemn compact. so as to secure a
little larger area. Indeed. she has already
area enough for Statehood. being. especially
with the Cherokee Outlet about to be added
to her domains. much larger than several Of
the older States. The time will probably
come when the five civilized tribes will &C
cept American citizenship to its full extent;
and when they do SO they may be included
in Oklahoma. But they are entitled to their
own judgment as 10 when the proper time