Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-05-12
CHEROKEES OBJECT TO THE PASSAGE OF
THE CURTIS BILL.
The Delegation Invokes the Treaties and Cite
Weighy Reasons why the Measure
Should Not Pass" MANS
nhumanity to Man."

hundreds and tens. Deducting the
10Y 900 from the 100000 leaves
293, 600. Dividing these figures by
seven, the number of years since
the enumeration of the people of
Indian Territory was made, gives
II 900, less the hundreds and tens,
which gives the rate per annur1 of
immigration into the Indian Ter
ritory tor the last seven years.
Now, this analysis suggests
several questions: l. What would
&c, 900 Indian citizens want with
400, 900 white people in their
country-six white people to one
Indian? 2. And what inducement
would lead immigration into
the territory at the rate of Al 900
per annum?
The truth is, while comparative
ly few of those white people may
have been permitted for business
purposes to come into the terri
tory, the great majority of them
must have gone in there without
invitation. As to the Cherokee
nation, a reference to the archives
of the interior department will
show that, year after year for
more than a third of a century, the
Cherokee nation has memorialized
the government of the United
States to remove and keep out Of
the country all such persons as had
entered the Cherokee nation in
violation of treaties. But those
opportunities of the Cherokee
people appear to have been un-
needed by the government. Hence
it is cause OF great surprise to the
Cherokee people to be told that
they invited all those whites into
the country that are found there,
and that therefore they have brok
en- the treaties in such a way as TO
justify the United States to declare
it is no longer bound by their
stipulations.
The allotment of lands as pro-
vided in the bill would be imprac-
ticable and damaging to the peo-
pie.
According to the tenor of the
treaty of 1866, it was conceded that
the Cherokees were masters OF
their own soil, having in connec-
tion with the fee-s simple title which
they acquired from the United
States the exclusive right to exer-
else their own volition as to the
survey and allotment of the same.
In compliance with this theory.
the tHentieth article OF that-ireaiy-.
ywJhPie6Ns yJPe6FNN lhee. IS. lIqFt lIFt s0ft tbRfergdf into,
by and between the Cherokee ma
ton and the United States, was
mrde to read as follows:
"Article 20. Whenever the
Cherokee national council shall
request it, the secretary of the in
terror shall cause the country re-
served for the Cherokees to be
surveyed and allotted among them
at the expense of the United
States "
X X x 4
Or, TO vary the statement.
l. when a proprietary right is
vested in any grantee by a treaty,
the repeal of the treaty does not
affect the right"
Consequently an act of congress
intended to annul a provision of
treaty vesting or guaranteeing the
title TO its lands, and the right Of
self government in the Cherokee
nation to dispose of those lands
among themselves as they NAV
choose, cannot take away those
rights.
2. Neither can the power TO
dispose of the lands so guaranteed
be afterwards taken away, when
that power is one of the elements
of the grant, or is made necessary
by the terms of the treaty."
But the power of the Cherokee
nation to dispose of its lands
among its own people by provid.
ing that they shall be held either
In common or in severalty, as the
history of the case will show. is
one of the elements of the grant
under which the Cherokee nation
acquired its lands from the United
States. lfthe United States, at the
time when it sold to the Cherokee
nation the lands now owned by the
Cherokees, had attempted to in
corporate in the deed of convey
ance any condition which would |
have had the effect TO render the
manner of disposing of those lands |
among themselves dependent upon |
the dIctatlon and control of the
United States, there would lave
been no trade made in the prem
ises.
3. The grant and the power to
completely exercise it are equally
the right of the grantee, unless
other provision is made in the
treaty. and they become together
vested and undenibale rights"
But there was no other provis-
ION made in the treaty under
which the Cherokee nation acauir.
ed its lands from the United |
States. The Cherokees under
stood that they were getting a fee
vested right in those lands.
unencumbered by any condition to
prevent them from enjoying their
occupation and use in accordance
with their own choice.
i. The five tribes bought the
lands they occupy west of the Mis-
slssippi from the United States,
and paid for them full considera.