The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1898-11-12

ously urged congress to take SOM
action to the end that our triba
autonomy should cease and tha
our lands should be individual
lied. The act Of congress Of March
Bird, 1898, provided for commis.
sion to the five civilized tribes
composed Of fthree persons which
afterwards was increased to FIVE
but now reduced to four in number
with authority to enter into agree
ments with the seueral tribes o.
the Indian Territory, looking to Q
change in their method of land
tenure and governmenis. Each
subsequent year congress has
clothed this commission, headed
by Hon. Henry L. Dawes, with
additional authority and their in
sistence for 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 |
he President of the United States |
10 whom they must be certified. |
This is blow at our right Of self |
government guaranteed as in Aa-
,icle 5 in the treaty of 1885:
1.-The United States hereby COW
snant and agree that the lands !,
,eded to the Cherokee nation in
he foregoing article shall in no
uture time without their consent
)e included within the territorial
limits or jurisdiction of any state
,r territory. But they shall secure
o the Cherokee nation the right Of
heir National council 10 make and |
larry iuto effect all such laws as
hey may deem necessary for the
government and protection of the
persons and property within their
'wn country belonging to their
'eople or such persons as have
themselves with Them"
The act of June 2Sth, 1898, was
more radical step in furtherance
+ the known policy Of the United
States. 1t absolutely abolished
ur courts, provided that no fur
er compensation of the officers
f our courts be allowed, and that
Il cases pending in the tribal
ourts on July LIST, 1898, should be
to the United States
ourt Since that time the Chero-
90 courts have act tried any
ases, and | understand under a
scent order of the United States
Il cases pending have been trans
'rred. Atour last regular session
| council you authorized the en-
loyment Of attorneys for the