Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-01-11
OKLAHOMA.

DihncuItica IN tho Way OF including the
Five Civilized Tribes In the Proposed
State.
WASHINGTON, Jan. s. Those who OBJ
| jet 20 the admission Of Oklahoma 10
statehood unless the lands of the five
civilized tribes are included within its
boundaries do not appear 60 be strong
enough TO materially delay the passage
Of the bill and IL Is probable that when
.he facts are made known TO them they
will withdraw their opposition.
An ex-governmcnt official, whose du-
Ties were long connected with Indian
affairs, said to-day;
The question who congress can organiEs
the territory occupied by the ave civilized
tribes in the Indian territory into a 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 20 1880 which was concluded
at New Echota, Ca, December %, 1883. by
Gen. William Carroll aud John f. Schermer.
horn, commissioners on the part Of the
United States, and the Chiefs head men
AMI people OF the Cherokee tribe OF indianS
BY the terms OF this treaty the Cherokee ma.
iion cedet TO the United s ates all linds
owned claimed or possessed by them cast OF
the Mississippi river and released all claims for
spoliation for s5,1OlOD, and the cession 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 futnre 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 at to ignore the provisions Of this treaty,
the consent Of the Cherokee nation must be had
In order to include their lands within the ter.
riiorial limits or Jurisdiction OF any state or
territory" This provision has never been
changed by any subsequent treaties with the
Cherokccs by the terms OF the tre ,tv with
the Choctaws, promulgated February a.
1891, it was provided In article 4 that 'the
government and people OF the United States
are hereby obliged TO secure 10 the said Cho,.
taw nation =: red people the Jurisdiction and
government Of all the persons and property
that may ue within their limits west, so that
no territory or state shall ever have a right 70
piss laws for the government of the Choctaw
nation OF red men and their descendants, and
that no part OF the land granted them shall
ever be embraced in any territory or state"
This provision has never been modified or re.
pealed by any subsequent treaty with the
Choctaws which nation includes the Chic',a-
saws Article u Of the treaty with the Creeks,
promulgated April T. 1892 provides that "the
Creek country west OF the Mississippi shall be
solemnly guaranteed to the Creek Indians nor
shall any state or territory ever have a right 10
pass lass for the government OF such Indians,
but they shall be allo ed TO govern themselves,
so far as may be compatible with the general
jurisdiction which congress may think proper
TO exercise over them" The Scminoles
united with the Creeks under the treaty
OF 1854 and while the treaty OF
August "a 1854 with the Seminolcs IS
silent o. this question, e follows when con.
slrued justly that the same guaranty obtains
with the Scminoles OF course agreements
have been made with the 1--WE civilized tribes
by which these provisions may be abrogated
and their consent obtained for territorial or
state government but as the matter stands
their territory cannot be included within the
Jurisdiction Of q territory or state without
fragrant violation OF the treaties named 1 am
isee TO admit, however that the situation is
peculiar and anomalous that OF an imperio iu
imperium. holly repugnant to the theory OF
....L. n. ...E a. ..... %