Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-07-15
THE CHOCTAW MURDERERS.
A Sharp Letter From Gov. Jones in Re.
gard to Their Case
Has Postponed Execution for One Month
and Courts the Fullest Investigation Into
Their Trial and Conviction.

letter to the Secretary, in which he announces
that out Of consideration for the Secretary's
request he has stayed the execution Of the men
for thirty days, doing this without warrant Of
law, but that he has no power under the con-
stitution OF the nation to pardon the men.
The letter Of Gov. Jones Ia a strong docu-
ment, and will give the Interior Department
something to think about before the govern
ment ruthlessly attempts to break the autonomy
OF the Choctaw nation. The letter is as fol-
lows:
GOV. JONES LETTER.
EXECUTIVE OFFICE CHocrAw NArrox.
IusHKAHoxA, CAocrAw NATION, IND. TER,
July s, 1893. 1
Hon. Hoke Smith, Secretary OF the Interior Of
the United States, Washington, d. c.:
Dear Sir-On July 2, 1893 a message from
Assistant Attorney General Hon. J. L Hall Of
your department was received at Tushkahoma,
being at said place in attendance at special
session OF the Choctaw nation general council.
desiring to know If had, governor, power
to commute the sentence Of any one convicted
Of murder and sentenced 10 death under the
laws Of this nation.
To this message answer was returned in the
negative. There Is no law or constitutional
provision authorizing the principal chief to
commute or stay the sentence OF any one con-
victed Of murder and sentenced to the death
penalty under the laws of the Choctaw nation.
No power, whatsoever. by our constitution and
laws 10 conferred upon the executive to grant
reprieves, communications OF sentence and par
dons in any case.
Thereafter. on the 4th day Of July, 1888, Col.
Faison, United States Indian inspector, called
on me at said place, and, presenting your letter
OF the 30th ultimo, with the request that your
wishes should be complied with and that at
least q suspension Of the execution for thirty
he and ola ,iry hat xUa had he
power under the treaty OF 1856, in the interest
OF domestic peace.
Col Faison was advised that there was no law
or constitutional provision authorizing any
such course
However, after fully discussing the matter
with Col Faison, q conference was had
with Hons. W. w. Wilson, national auditor;
Green McCurtain. national treasurer, and Jacob
b. Jackson, national secretary, in regard
TO the matter which had been so suddenly
presented, II being almost upon the eve Of the
time fixed for executing the death penalty upon
the parties sentenced to death a. aforesaid.
VIII STAY TIE EXECUTION.
Az q result Of said conference have arrived
at the conclusion that it would be advisable
aforesaid parties stayed BY the fudge Of the
court in which said parties were tried,
to wit, the first judicial district court
Of the Choctaw nation, until August 4, 1898, IL
at my request he saw fit 90 to do and at once
have requested Mr.. II. J. Holson, judge Of the
aforesaid court, to stay execution until the
aforesaid date
There is no law authorizing any such action
on my part or on the part Of the aforesaid
judge. but l am satisfied that the Judge afore-
said will accede to my request and grant the
stay of execution desired
The council being in session steps win be
taken before il authorizing such action on the
part OF Judge Holson, but even this course
VIII leave very grave question open and will
AFFORD the aforesaid parties an opportunity TO
escape the merited punishment meted cut 10
| them by the courts of this nation, and IL 30, il
wil De TIE result Of the request made by you
through Inspector Faison-
BE this how 1t may, in justice to the people
OF the Choctaw nation and myself as principal
chief OF said nation, desire to inform YOU Of
| the motives and reasons that prompted such
| action on my part, because it must not be for
| moment thought that we coucede and admit
| the right of your department to obstruct and
impede the administration Of justice and the
enforcement OF our laws
Under the treaties with the United States the
Choctaw nation 10 secured In the unrestricted
right OF self-government, and full Jurisdiction
over persons aud property within its limits
In so far as may be compatible with the Con-
stitution Of the United States and the laws
made in pursuance thereof. regulating trade
and intercourse with the Indian tribes.
the punishment OF crime, including that of
murder, and for indictment by fair and i'm
partial grand jury, OF person charged with
murder and other crimes, and for trial after in
dictment Of persons charged with crime by o
jury OF twelve men, fairly and impartiaily se-
lected from the body of the district.
NOT DUE ITO POLITICAL CAUSED
suppose that statementsor complaints must
have been made TO your department that the
trial and conviction Of the parties aforesaid was
due to political causes, methods and
combinations; and that the t-iaI and
conviction Of said parties was unjust and
not in accordance with Law, and that their con-
viction WAS secured, not through fair and i'm
partial administration Of justice, but through
political prejudice, spite and bias. Without
the attention Of the authorities Of the
Choctaw nation having been called
| to such statements or complaints, SO that an
opportunity might be afforded them to refute
such calumnies, for such they are, in time TO
avoid present complications, an intimation
amounting practically to Command is con-
veyed to me, desiring a stay Of sentence
Of said parties pending an investigation Of such
baseless statements or complaints BY your de-
| partment; this almost on the verge Of the exc
cution Of the said sentence.
Under our simple system Of administering
justice there can arise no possibility of con-
vic:ion being bad through mere political preiu-
! dice or political causes. The commits
sion Of the crime must be proven and estab-
lrhed the same as in all your states and
| territories. and under the same rules Of evil
dence which prevail and are observed in the
courts Of the white man: and parties accused Of
| crime In the courts of the Choctaw nation like
| those in the states and territories are tried by
a Jury Of twelve men, selected ~ prescribed by
| law and given the benefit Of reasonable doubt
All these parties were regularly and duly in
dicted BY grand jury, tried by a petit jury Of
| twelve men, ably represented and defended BY
counsel, and convicted in accordance with law.
Ali these proceedings against these parties
had been had strictly as provided by Law, and
| the assurances given to your department that
said parties should be fairly and impartiaiiy
tried in strict conformity to law has been faith.
fully carried out and complied with.
| UNITED STATES INTERFERENCE
Notwithstanding that the right Of self-gov-
eminent has been guaranteed to us by treaty,
and that our laws are being fairly and
impartiaily enforced, the United States
has for three times in succession and with
out Just cause, We think, interfered and
thereby obstructed the due and proper ad-
ministration and execution of law; and this
without there existing any domestic strife" to
authorize and excuse such interference on the
part Of the United States.
However. being anxious and DESTROYS OF pre-
Il