The sun., 1893-07-16
CHoCTAW SIDE OF THE CASE.
e,r JONES WRITES LETTER TO
SECRETARY HOKE SMITH.

v. p,c,nres That, So Long as she Right o
rr,.i By Jury and Other Form, OF Gov
-,r,.nt are Maintained, the United statei
mae, No Right to Interfere or Ask . Post
,m,rt of the Execution OF Crin,inais
u,sy,>croS July IT, Tho Secretary OF tn,
,,,ar,or day received from Chief Jones o
49, Choetaw Nation the following letter, civ
,ne his views as to tho Interference OF the Gov
"rnn,cnt IN the execution OF nine Indians sen
tonced to be shot on Aug. 4:
r1r,tir1yE OFFICE. CHoCTAw NATION !
rrsgR,HoMt. Choctaw Nation. Indian Ter
ritory, July D. 1868
=, gs, III, S@,&. ser.a'p Of he Inferior Of ne U"i'sc
nr,rs.s: On July 2. 1893. MESSAGE from
,ssis.ant Attorney General Hon. J. L Hall
=, vorr depart ment was received at Tushka-
somo being at said place In attendance at q
.a,,al SOS sion Of the Choctaw Nation General
C,uncI. desiring to know II had. as Cover
nor mower TO commute the sentence OF any
aro convicted OF murder and sentenced to
dsath under the laws Of this nation. To this
MASSAGE an swer was returned In the negative.
There is no law or constitutional provision
authorizing the principal chief to commute or
stay the g, 10 ahy he eatS penstg " unIer
The laws OF the Choctaw Nation. No power
Whatsoever by our Constitution and laws Is
conferred upon the Executive to grant re-
rpieyss, combinations Of sentence. and par
aGhs aGThseresfter. .n M on the 4th day of July. 1s93
Tour Tsi"T letter OF the Goth ult. with the request
sna a' that at least suspension Of the execution
for thirty days he ordered. ana claiming that
We had the power. under the treaty Of 1851 In
the interest OF the domestic peace. Col Faison
Was advised that there was no law or constitu-
tional provision authorizing any such course: M
HGTeG yer g uy was had Wth
the Hons ". Wilson. National Auditor: Green
McCurtin, National Treasurer. and jacob B.
matter matter which had been so suddenly presented;
Il being almost upon the eve OF the time liked
TIE es,s as %h9n the
saresult OF said conference arrived at the
conclusion that 1t would be advisable and poll
ties tie stayed by the Judge Of the court in which
said parties we're tried to wit. the First judi
I D @ oSq e a. 0 ns ss @ To
DO. % and at once requested the Hon. N. J. Nell
SON. Judge OF the aforesaid court. to stay exc
law authorizing any such action on my part or
on the part OF the Aforesaid Judge, but am
satisfied that the Judge aforesaid will accedo
to my request and grant the stay OF execution
The Council being in session. steps will be
part OF Judge Nelson. but even this course
viii leave a very grave question open, aud will
afford the aforesaid parties an opportunity to
them by the courts OF this nation. and II so. It
, will be the result Of the request made by you
through Inspector Faison.
Be this how it may, in justice to the people Of
the Choctaw Nation. and myself as principal
Chief Of said nation. desire to inform you Of
:or a moment thought that We eoncede and
m administration inRtirn
treaties with the United States the choetaw
a hf
sons and property within lts limits. In SO far as
be Tth the IL Of
course with the Indian tribes. Under this
nent sf crimes. including that of murder. and
for Indictment, br Q fair and impartial Grand
s,y Of persons Nth ana
persons charged with crime By q Jury Of
twelve men fairly and imDartially selected
/ suppose that statements or complaints
must have been made to your department that
the trial and conviction Of the parties afore;
combinations. and that the trial and oonvio-
ton Of said parties was unjust and not in ac-
secured. not through fair and Impartial ad:
asSe but
having been called to such statements or COM
plants. So that an opportunity might
ssch they are. % in time to avoid present co@
plieations. an intimation amounting practi-
csly to q command Is conveyed to me de-
Ing an investigation Of such baseless state
!S Ients or complaints BY your department
Under our simple system Of administering
Justice there can arise no possibility Of 2 con-
pdico or political causes. The commission Of
.ae .ae crime e. must pc proven and established the
the rules o TSss
vail and are observed in tho courts Of the white
man; and parties accused Of crime In the
States and Territories. are tried by a jury Of
and, and given the benefit Of a reasonable
duly indicted BY Grand Jury. tried By petit
Jury OF twelve men. ably represented and de-
with law. Ali the proceedings against these
parties parties had been had strictly as provided and
prescribed by law. and the assurances given
talrly and impartally tried in strict conformity
som 20 lay have been faithfully carried out and
SStwthstapdinC that the right Of self gov
an aan mat our laws are being fairly and Impair
tn Te thin think. interfered and thereby obstructed
sii.o oue anu proper aQ m mlnlStratl0n and execu-
uon OF law; and this without there existing
sny sny, Domestic strife" to authorize and excuse
s.tal such Interference on the part Of the United
preserving and fostering amicabie and friendly
Teati0ns Tant T.,,wi with the United States through
y the Inc will be drawn when the United States.
ttrtough lts departm ents, will cease from in
aSn Of our laws, so that We could govern our
ses!yes intslligibly and feel assured Of the
SSnteeuye Ststnaye and moral support OF the United
S,ates IN tho enforcement OF our laws and the |
RSunlshment Of crime. and Of ascertainIng, II
.ns ue autonomy OF the Choctaw Nation would be |
sespected seped and fully preserved and upheld. I !
tsbSne!udsd. IN as herein advised you. to request |
s, ste Judge OF tho aforesaid district court to |
so Say EXECUTION OF sentence until Aug 4. 1899.
~ 70 tlat the fullest Investigation could be N ado
~ YOU and the evidence and proceedings had |
pur court on the trials of the parties afore-
sa. sa!u could be obtained and forwarded to you.
SSsssuurlhg you that we court and challenge In |
'eWSil Wl CATION. without fear or favor.
m ms course Is further deemed advisable In |
scssIee css,n 70 my people and to myself. feeling
yf'ar TpCsGr ,na, you viii be fully and amply com
SSAt S our to the parties fairly and impartially |
~ our courts. and that they had meted to |
tueih ~ ~, merted and deserved sentence. Kind |
K rernt me to call your attention to the fact |
these ma RI ha,, a