Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-07-08

ourselves OF the opportunity anu
effect the repeal of this destructive
act by Fastening into an arrange
ment with the Dawes men. But
when we get from these gentlemen
the terms upon which this may be
done, we find that there is no such
thing as a restoration of national
vitality in the scheme; for the
commission demand that we shall
surrender by an agreement all that
the statute has wrested from us by
force, and much more. If an
agreement should be had upon such
conditions, well, indeed, might the
statute be repealed and even thrown
to the winds.
But not to digress on this point;
let us try to see what the statute
has actually done for us.
In the first place, il has abolish
ed race distinction among the in
hsbitants of the territory and made
all the laws in force therein, both
OF the United States and of Arkan-
sas, applicable 10 Indians as well
as TO white men. These laws, es-
pecially those of the state OF Ar.
kansas, are very numerous and
broad, completely covering all the
fields of legislation that are usual.
ly embraced in the economy of
well ordered civil government.
Now, of course, wherever these
Arkansas laws obtain, the Chero-
kee law is stiiled out Of existence;
for no Indian law will be allowed
to contest territory with federal
law. Hence ii seems that, for the
future, there will be but little
room lett for the exercise of Cher.
okee legislation. The chief busi-
ness of the national council will be
to take care Of our public schools,
and to regulate the use and occu-
pancy of the public domain; there
will be, however, in addition to
this, a great many matters of
minor importance to atted to, such
as hearing and allowing claims,
appropriations, sending
to Washington, etc.
The statute ordains, too, that for
the future the president Of the
United States shall constitute a
factor in our law.making machin-
cry. His office will be to assist
the principal chief in the exercise
Of the veto power. His approval
wall not be needed to put an en-
actment into force; that may be
accomplished by the signature OF
the principal chief. But in case
the latter approve an act that
should have been vetoed; or il
passed over the head Of the exe-
cutive after veto; the president
may then enter his objection and
put an END to the measure. If,
an act be passed and GER
.ifed to the president in due time,
and he fail to enter his veto with
n thirty days from the date of its
passage, it then goes into effect as
valid legislation.
But the most important innova-
ion accomplished by the act, will |
De found to be the transfer Of the |
Jurisdiction of our Cherokee courts
% the courts of the United States.
The words OF the statute are these:
The United States courts in said
territory shall have original and |
exclusive jurisdiction and author
ty TO try and determine all cases
n law and equity-and all GRIM
nal cases, etc." This sweeping |
provision leaves the Cherokee |
courts with nothing to do after the |
irst Of next January, but simply !
% finish up the business that may |
De before them on that date; then, |
lfter that, to dwell in an eternal |
state Of peaceful rest for the want
If something to do; they are not
When the provisions Of this bill |
hall come to be put into execu.
ion, there will doubtless arse
.ome very curious, and perhaps |
iiflicult questions to be determin-
ID by the courts. There will be |
many points OF conflict between |
,ur Cherokee laws and the Arkan.
las laws; it will not be practicable |
or the court to enforce both at the
iame time in the same case. Will |
he Arkansas law prevail, because |
If its higher authority? But the |
lights to be determined and the is
iue to be tried, have both origin
lted under, and exist by virtue Of
he Cherokee law. Take a case:
IN Indian dies, and leaves an es-
ate, children, debtors and credit
1rs. Now by what law shall the |
Inheritance be meted out to these |
heirs? Which law shall prescribe |
he modus operandi for paying |
hese debts, and collecting these |
claims? Take another case; sup.
pose the Cherokee government |
has a claim against. one of her own |
Cherokee citizens? She could |
.ormerly sue and recover in the
Cherokee court; but that court is
now non-existent. Shall the Cher
okee government sue in the United |
States court? But the Cherokee
nation has no standing in that
court. Is this an exception to the
general rule, that "Where there
IS a wrong there is a remedy"
These numerous unfriendly feat
ares in the situation introduced by
he operation of this new law are
not at all out Of accord with the
vowed purpose Of the act as a
measure Of coercion instead Of be-
lign legislation. Too-QUA.sTEE.
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