Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-11-11

sage; Provided, that this act shall
not apply to resolutions for ad-
journment, or any acts or resolu-
tions or ordinances in relation to
negotiations with commissioners
heretofore appointed to treat with
said tribes"
No comments from me are nec-
essary to advise you the clear in
tents of the congress of the United
States, and while l have heretofore
believed that it was necessary that
our people, in order to better pro-
tect their interests to make some
concessions and enter into nego-
tiations with the United States
commission, l have always opposed
any arbitrary action taken by con-
gress without the consent of our
people. If this act of congress
goes into effect, and it is constitu-
tional, you will clearly see that
our judiciary is completely de-
stroyed; one of the corner-stones
of our constitution is gone, and
without this there would be no use
or ne ,essity for either of the
Other branches of our government
in as much as it would be unnec-
essary to enact legislation without
the machinery for its enforcement.
Article 5 of the treaty o. 1885
provides:
"Ihe United States hereby COW
enant and agree that the lands
ceded to the Cherokee nation in
the foregoing article shall in no
future time, without their consent,
be included within the territorial
limits or jurisdiction of any state
or territory. They shall secure to
the Cherokee nation the right by
their national councils to make and
| carry into effect all such laws as
they deem necessary for the gov
eminent and protection of the per-
sons and property within their
own country belonging to their
people, or such persons as have
connected themselves with them. "
Our ancestors anticipated such
legislation from their experience
east of the Mississippi and they
thought that in securing the above
solemn guarantee to themselves
and their posterity they would be
forever protected. Later on they
provided in the thirteenth article
of the treaty of 1866 as follows:
"The Cherokees also agree that
a court or courts may be estab.
lished by the United States in said
territory with such jurisdiction
and organized in such manner as
may be prescribed by law; Pro.
vided, that the judicial tribunals
of the nation shall be allowed to
retain exclusive jurisdiction in all
civil and criminal cases arising
within their country in which
members of the nation, by nativity
or adoption, shall be the only
parties or where the cause of action
arise in the Cherokee nation
except as otherwise provided in
this treaty."
For the above guarantee, agree
ment or contract, valuable consid.
erations were exchanged, and an
not one of those who believe the
supreme court of the United State:
will permit these solemn agree
ments to be violated by the govern
ment of the United States against
defenseless nation, with impun
ity. l therefore recommend tha'
you make such provision as is nee
essary for testing the constitution
ality of these provisions under the
late act of congress above quoted
No exorbitant amount need be ap.
propriated, in as much as all the
questions involved might be taker
up in one case and test case made
of it. Heretofore the Cherokee
nation has not had an opportunity
to test its rights in the courts, anc
if our treaties are to avail us any
thing we should settle it as speedily
as possible. Because of the EN-
barrassing legislation on part o
congress by ordering survey o
our lands several years ago, by
taking away the jurisdiction of the
nation in citizenship cases-a right
to which we mad tenaciously cluns
for so many years--and by the re
fusal on part of the United State;
to carry out its treaty provisions
with our people and afford then
the protection in the way of tn,
removal of the intruders from oul
country, as guaranteed, and by th'
advice of the leading representa-
tive men of the FIVE civilized tribes
assembled at South McAlester, l
T., l thought that our people coulC
be better protected. and | wan
to say to you that l honestly thinl
so today, that by entering int
some negotiations with the United
States commission to the five civ
ilized tribes. | am not in favor o
the Delaware claim; it should b.
rejected. / am not in favor OF tn,
railroad grant; reject that. But
believe that the interests of Ou
people would be better subserved
that the intruder question woult
be more speedily settled, and tha