Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1894-01-06
Why Oklahoma as One State Is I'm
possible.
THOSE INDIAN TREATIES,
They .CannOt BE Ignored - The
Tribes Must Remain ~ They
Are Unless the Indians
Agree To Make the
Change.

WASHlNGToS. Jan. l. those VINO oO-
ject to the admission of Oklahoma to
statehood unless the lands of the five
civilized tribes are included within its
boundaries do not appear To he strong
enough to materially della the passage
of the bill and it is probable that when
the facts are made known to them they
will Withdraw their opposition.
An ey-government official, whose du-
ties were long connected with Indian
affairs. said to-day:
Ia" an. s!ioa VIII, th'r congress can orcani2 ;
the TERRITORY occupied by te five civilized
tribes in the Indian terri ory into territorial
form al government without the cons nj OF
those tribes seems 10 me 10 be definitely set
lied b The provisions 0f article Of the treaty
proclaimed May -. 1870 which was concluded
AT New E,hota, Ga December y? lS3'. ny
Gen William Carroll and john F Schernier
horn. commissioners oh the part VI the
Emitted Siaiea ANA the chiefs, head men
aui people uf the Cherokee tribe al Indians
Nv the terms Of this treaty the Cherokee ma
lion coded Ia the United ) stes al! l'hos
owned claimed or possessed ov them east OF
the Mississippi river ana released al claims for
spoliati0n for -. lOD.0W. and the cession or Ger
tain lands now occupied by them in what Is
now known ~ The Indian territory. Article
y provides rs follows: The United
STATES her, hv covenant ana agree that
the lands cedcd to the Cherokee nation in the
fUrcgOn article sh III. In no futnre time with
out their consent be inclu led within the terri
tor Il! limits Ut jurisdiction ~ any state or ter
rilory. etc" Therefore. unless congress shall
See II, 10 ignore the provisions OF this treaty.
the consent Of the Cherokee nation must he hao
in order 10 include their lands within the ter
ri.orinl Limits or jurisdiction OF any state or
territory" This provision has never been
changed ~ any subsequent treaties with the
ChcrokPtS. by the terms OF the tire " with
the Choctaws, promulgated Fcbr airy a.
1881. il was provided In article that the
government ana people Of the United States
are hprcb obliged To secure to the said Choc
taw nit'on Of red people the jurisdiction ano
government Of al the persons and property
that may he within their limits west, so that
no territory or state shall ever hive right to
PISS laws for the government Of the ChOctdw
nation of red men and their descendants, and
that no paft vi the land granted them shlli
ever be embraced IN any territory or state
This provision has never been modified or re-
pealcd by any subsequent treaty with the
Choctaws. which nation includes the Chicka-
saws Article /, of the treaty with the Creeks
promulgated April I. isS2. provides that 1.-THE
Creek country west OF the Mississippi shall be
solemnly guaranteed to the Creek Indians. nor
shall anv state or territory ever have right to
pass laws for the government OF such Indians
but they shall be allo ed 10 govern themselves,
so far us may be compatible with the general
Jurisdiction which congress may think proper
TO exercise over thm." The Seminoles
united with the Gre KS under the treaty
OF 1898, and while the treaty OF
August l6 1851 with the Seminoles is
silent this question, II follows when con.
stru d justls that the same guaranty obtains
with the SeminOles. or course agreements
have been made with the five civilized tribes.
by which these provisions NAV be abrogated
and their consent obtained for territorial or
state government but rs The matter stands
their territory cannot be included within the
jurisdiction OF "A TERRITORY or state without
fragrant violation III The treaties named. am
Tree 10 admit, however. that the situation is
peculiar and anomalous that of an impero in
mpcrium. holly vepugnlnt 10 the theory OF
unity upon viii, h our government IL based