Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-07-14


if the egg is unlawiully broken by
the strongest hand in the world,
who will put it together again?
The court of claims is the only
court where the measure of dam
ages can be determined and here
only by consent OF congress.
"A money Judgment can be rem
dered against the United States by
the court of claims and by no other
court -
Case VS. Terrell, III Wall, 1919.
"Wheu the government is liable
ON contrac, the court of claims
alone has jurisdiction Ul Wall,
l99).
"Where case is referred to it
(eourt of olaims) by resolution OF
congress, the jurisdiction Is sub
iccl u whatever limitations are
prescribed in such resolution.
peGroot vs. United States, )
Wall, 4l9.
"rhe court of claims has no jur-
isdiction of demands against the
government founded ON torts.
Gibbons vs. United States, s
Wall, 269
1t is true that the grant of land
"to the whole Cherokee people for
their common use and benefit" was
declared by the treaty of 1916, but
ii is an unjust construction to in
woke this language to justify allot-
mept because the grant was intend.
al a. communal property, a char
sc;sg ct grant directly opposed to
tae very idea of allotment. Under
con sNaaal holding no Indian can
be derived Of a home where the
4 teaare Is rightly administered
TaAer allotment the individual
4 giil ha traded and cheated In many
oases ouj al his home and have no
refuge. This communal grant is
now 6isribajed regardless oi the
wishes of The grantees.
The ul2e i Ia substance a Tee
simple, bni what does tins avail il
congress can repeal treaties, igaors
4 contracts and leave u cnlv The
night of suit Tor GamsgeS Ii III,
political rights oi The nation car
b. repealed. what remains but IN,
property3
1.-THE property is equally diyid'
ed, what property damage is done,
except to private persons who may
be deprived of certain property
held in excess of their allotted
share. of fencing and houses to be
torn down and rendered useless,
and of decided town lots?
Tie fact is the thing the Chero.
kee people have specially valued,
is self government, bought and
paid for, as they believe, and which
they understood as a perpetual
grant. 1t is extremely difficult &c
measure in dollars by a damage
suit the violation of this sentiment
of patriotism. No man understand.
ing the views of congress and pub
lie opinion of the people OF the
United States believes for an in
slant that any Indian tribal gov
ernment in the United States viii
be permitted TO retain political au.
thority any longer. This day ma:
passed, and however distasetful ,the
fact must be recognized as true. anC
met face to face If the repeal o
this right of local self-government
which was bought and paid for, in
flicts measurable damage, how shal
the damage be measured and paiC
for? There are but two ways; On,
i by appeal to congress for The
right to sue in the court of claims
the other is by making an agree
ment and submitting it TO congress
and passing it through congress
containing the most practical ano
common sense settlement possibl,
under the duress of the Curtis bill
Perhaps clause in the agreement
to allow ali claims against the
United States to be heard befor,
the court of claims, especially th'
claim for damages in depriving th'
Cherokee nation of the right o
self-government and coercirg al
agreement by duress, might b'
practicable if basis of settlemen
could be determined in the even
of a Judgment favorable to tht
Cherokees being delivered Con
gress will endorse any reasonable
agreement which conforms to tbs
greaf public sentiment, now anC
for many years past demanding ;
change from tribal citizenship Il
United States citizenship.
While the government of th'
United States is seeking1l4e con
sent of the ID<144-sa;is to a change o
tile, advantage can be taken by th'
Indian people of this desire to de
rive an advantageous bargain, 6u
| if the matter is deferred a year Of
two the opportunity will pass Il
return no more forever. We vii
be left damaged indeed, and with
only a damage claim against tn,
United States to descend to ou
grandchildren.
Yours truly,
ROBERT l.. OWEN.
/
There has no report come ye