The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1898-11-14

our lands should 10 individual
lied. The act of congress of March
3rd, 1898, provided for a commits
sion to the five civilized tribes
composed of three persons which
afterwards was increased to five,
but now reduced to fourin number
with authority to enter into agree
meDts with the several tribes Of
the Indian Territory. looking to a
change in their method of land
tenure and governments. Each
subsequent year congress has
clothed this commission, headed
by Hon. Henry l.. Dawes, with
additional authority and their in
sistence for a change became more
urgent. Their work and reports
is a matter of common information
to you all, and have been consid-
cred at length in former messages.
While the spirit of our treaties
were evaded and broken in letter
by acts of omission from the time
Of their PRONUNCIATION the first act
of congress in open violation of
those sacred pledges was enacted
June 7th, 1897, transferring the
jurisdiction from the tribal courts
to the United States courts after
January 1st, 1898, all cases, crimi-
nal or civil, in which citizens of
the Cherokee nation were the only
parties. This was in violation Of
Article 13, of the treaty of 1866,
which reads as follows:
"The Cherokees also agree
that a court or courts
may be established by
the United States in said Territory
with such jurisdiction and in such
manner as may be prescribed by
law: Provided, that the judicial
tribunals of the nation shall be al
lowed to retain exclusive juris-
diction in all civil and criminal
cases arising within their territory
in which members of the nation
by nativity or adoption, shall be
the only parties, or where the
cause of action shall arise in the
Cherokee nation except as other
wise provided for in this treaty"
The same act of congress also
provides that with the exception
of resolutions of adjournment or
acts in relation to negotiation with
the United States commission, all
acts or resolutions of the National
council passed or enacted on or after
January 1st, 1898, should not be-
come effective if disapproved by
the Presldent,of the United States
to whom they must be certified.
This is blow at our right of self
government guaranteed as in Aa-
ticle 5 in the treaty of 1885:
"The 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. But they shall secure
to the Cherokee nation the right OF
their National council to make and
carry into effect all such laws as
they may deem necessary for the
government and protection of the
persons and property within their
own country belonging to their
people or such persons as have
connected themselves with them. "
The act of June 2Sth, 1898, was
a more radical step in furtherance
of the known policy of the United
States. 1t absolutely abolished
our courts, provided that no fur
her compensation OF the officers
of our courts be allowed, and that
all cases pending in the tribal
courts on>July 1st, 1898, should be
transferred to the United States
court. Since that time the Chero-
kee courts have not tried any
cases. and I understand under a
recent order of the United States
all cases pending have been trans
ferred. At our last regular session
of council you authorized the en-
ployment of attorneys for the
purpose of contesting right of con-
gress to annul our treaty provis-
ions, and authorized me to contract
not in excess of five thousand dol
L 4 e.