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

Cherokee natiOn snail nave eAclu-
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 IL OF
the treaty OF 1866, but by the sec
ond paragraph of the third clause
of article II of that treaty it is pro-
vided that 'no law shall be enacted
by the Cherokee nation inconsist.
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 judg-
ment no agreement should be made
with any tribe or people within
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 bill the words: Subject
to the Constitution and laws of the
United States"
As to the accounting provided
or between the Cherokee nation
and the United States, although
liable to lead, in my judgment, to
very protracted 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
1st day OF November, 1891 was a
bona fide 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 a homestead, to the
extent of eighty acres for himself,
and 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 allotInents. And
any citizen of said nation, who,
prior to said date, had in the same
manner improved 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 20, 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 informa-
ton in the department, there was
no occasion for th insertion of this
article or foundation of claim in
this particular by the Cherokee
nation to the extent made and al
lowed; and Notwithstanding the
restrictions provided as to claims
by allottees and the amount of
proof that may be required to pro-
duce, | believe that 1t will result
in may attempts at fraudulent inn
position by the INSCRIPTIONS.
Representations that such frauds
are already concocted andin 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
opinion that the amount to be paid
may well be left with congress, but
as to the manner of its payment |
think too much is left 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-
necessarily commit to the care
of these Indians a much greater
responsibility than has been al.
lowed 10 others in like condition
The provision that if the nation
should cause the money or any
portion OF it to be distributed per
capita and exclude therefrom the
classes Of persons (freedmen and
others) provided for ia articles 8 1
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 entirely un-
satisfactory to me.
The presumption is INDUCED, by
the very language of the agree
ment, that such discrimination
may be made, and the past history
of the dealings of the nation show
that it has been heretofore prac-
ticed. There should be no hesita.
tion, it seems to me, in making
provisions against any such possi-
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
by congress.
The other suggestion made in |
the report presented / concur in.
Inasmuch as this most important |
business will receive, no doubt, |