The Coconino weekly sun., 1894-01-11
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 ob- feet to the admission of Oklahoma to statehood unless the lands of the five 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 arc 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 or those tribes seems to me 10 be definitely set tied b the provisions of article of the treaty proclaimed May 23, 1856 which was concluded ut New Echota, Ga. December 20, lS3i, by Gen William Carroll and John r. Schermer- horn, commissioners on the part or the United States, and the chiefs, head men and people of the Cherokee tribe Of Indians. By the terms Of this treaty the Cherokee na tion ceded to the United $ ates all lands owned claimed or possessed by them east or the Mississippi river and released all claims Tor spoliatiun for s5, ,J0O,0U and the cession of cer' 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 inc 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 it 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 ritorlal 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 tre tty with the Choctaws, promulgated Febrnary 2i, 1881, it was provided in article that 'the government and people Of the United states are hereby obliged to secure to the sail Cho;. taw nltion 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 10 pass laws for the government Of the Choctaw nation of red men and their descendants, ana that no part oi 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 Ch!cka- ! promulgated April 1, ls32 provides that "the Creek country west of the Mississippi shall be sOlemnly guaranteed 10 the Creek Indians, nor shall any state or territory ever have right to pass laws for the government Of such Indians, but they shall be allos ed 10 govern themselves, so far as may be compatible with the general Jurisdiction which congress may think proper 10 exercise over them" The SCminOles united with the Creeks under the treaty of Is33 and while the treaty Of August i6 ls66 with the Seminoles is silent o1 this question, 1t follows when con strusd d 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 abroPated and their consent obtained for territorial or ! state government but as the matter stands , their territory cannot be included within the jurisdiction Of n territory or state without fragrant violation of Ihe treaties named. l am free 10 admit, however, that the situation is peculiar and anomalous, that of m imperio in { mperium. wholly repugnant to the theory Of unity upon which our governments is based