The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1894-01-12
OKLAHOMA.
Difficulties in the Way of Including the
Five Civilized Tribes in the Proposed

Difficulties in the Way of Including the
Five Civilized Tribes in the Proposed
State.
WASHINGTON, Jan. 5.--Those who OBJ
ject to the admission of Oklahoma to
statehood unless the lands of the hive
civilized tribes are included within its
boundaries do not appear to be strong
enough to materially delay the passage
of the bill and it is probable that when
the facts are made known to them they
will withdraw their opposition
An ex-government official, whose du-
ties were long connected with Indian
affairs, said to-day:
The question whether congress can organize
the territory occupied by the five civilized
tribes in the Indian territory into territorial
form OF government without the consent OF
those tribes seems to me TO be definitely set
tied the provisions OF article OF the treaty
proclaimed May 90 1896. which was concluded
at New Echota, Ga. December 20 1885,, by
Gen. William Carroll and John +. Schermer-
horn. commissioners on the part OF the
United States, and the chiefs, head men
and people OF the Cherokee tribe OF Indians.
By the terms OF this treaty the Cherokee ma
ton ceded TO the United s ates all lands
owned claimed OF possessed by them east OF
the Mississippi river and released all claims for
spoliation for g, o00OJ0, and the cesson OF GER
tain lands now occupied by them in what Is
now known as the Indian territory. Article
provides as follows: The United
States hereby covenant and agree that
the lands ceded TO the Cherokee nation in the
foregoing article shall. in no future time with
out their consent be included within the terri.
tor al limits or jurisdiction Of any state or ter
ritory etc" Therefore, unless congress shall
see fit TO ignore the provisions OF this treaty,
the consent of the Cherokee uatiob must be had
IA order 10 Include their lands within the ter
ritorial limits or jurisdiction of any state or
territory" This provision has never been
changed by any subsequent treaties with the
Cherokees BY the terms of the tire .ty with
the Choctaws, promulgated February g.
1881. il was provided in article that 1.-THE
government and people OF the United States
are hereby obliged to secure 70 the said Choc-
taw nation OF red people the jurisdiction and
government OF all the persons and property
that may be within their limits west, so that
no territory or state shall ever have right 70
pass laws for the government Of the Choctaw
nation Of red men and their descendants, and
that part OF the land granted them shall
ever be embraced in any territory or state
This provision has never been modified OF re-
pealed by any subsequent treaty with the
Choctaws, which nation includes the Chicka-
saws Article II OF the treaty with the Creeks,
=
Creek country west OF the Mississippi shall be
soemnly guaranteed TO the Creek Indians nor
shall any state or territory ever have n right 10
pass laws for the government OF such Indians,
but they shall be allo ed 10 govern themselves,
so far may be compatible with the general
jurisdiction which congress may think proper
to exercise over them" The Seminoes
united with the Greeks under the treaty
OF 1883 and while the treaty OF
August l6 1864 with the Seminoles is
silent on this question, it follows when con-
suued justly that the same guaranty obtains
with the SeminOles. or course agreements
have been made with the five civilized tribes.
by which these provisions may be abrogated
and their consent obtained for territorial OF
state government but as the matter stands
their territory cannot be included within the
Jurisdiction OF a territory or state without
fragrant violation Of the treaties named ] am
free 20 admit, however, that the situation il
peculiar and anomalous. that OF an imperio IL
imperlum. 81 holly repugnant to the theory 1
unity upon which our government is based A"