Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-05-10
T0O-QUA-STEE TALKS.
Finds Several Weak Points in
GamblIl's Argument,

w. j. Gamoill's original commen-
tary on The acts OF the Dawes com.
miesion; and, as u seemed to me
to be agisating question Of gen.
eral concern to the Cherokee peo-
pie, then took IL in mind to cay
a few things in reply to his strict
ures; but time stole the purpose
away from me, and l neglected to-
do so. Since that time, however,
he has continued, by means of sup.
Elementary comments. to push up
the agitation so bravely that il has
reelly seemed as If he were trying
to challenge all the intelligence Of
the present day for the best il has
to offer counter to his bold and
muliitudinous propositions.
Now, | have no knowledge what
lever as to the personalityof Mr..
Gambill, except what has come to
me through his communications
to tie chieftain. For this reason,
in offering this reply, l trust |
shall be secure against the ascrip-
ton of any other motive than SIM
ply to see the truth sustained. As
to the Dawes commission-I anu
not at all soliciious about the well
fare Of that honorable body; for by
virtue of their exalted position, If
nothing else, they are we'll able to
take, without the least discomfort,
any amount Of lashing that private
pique might see fit to lay upon
them. 1t is only the Indian side
of this question that now con-
Germs me.
Mr.. Gambill complains that his
case before the Dawes commission
went off in a summary way and
without the formalities of a judi
cial proceeding. This complaint
is not sustained by anything like
sound reason. Mr.. Gambill had
no right to insist upon, or reason
to expect, an application Of the
regular rules Of judicial procedure
in the trial OF his case.
The Cherokee nation, in our In.
dian economy, has no standing in
courts Of judicature Of the United
States; il lies, and has always lain,
exclusively in the arbitrary hands
of The executive branch of the fed.
eral government; its most sacred
rights have always been habitually
determined and disposed of, by ex-
eculive, and not judicial, action.
And, in this regard, the individual
members of an Indian tribe stand
in the same legal predicament with
the nation to which they belong
An individual Indian calling upor
the judiciary OF the United States
to maintain him, or reinstate him
in his place within bis tribe, is q
thing that has never been heard o.
in the history Of this country.
Mr.. Gambill comes forward
claiming to be an Indian; he must
therefore, to be consistent, copsea;
to be dealt with as an Indian; that
is TO say, he must submit, (jusl
like ;he rest of us poor devils
gracefully to whatever the arbi,
trary executive power Of the gov
ernment may see fit 90 do with
him. His crying out about con,
stitutionl guarantees, and hii
voclferous squealiDg on occount o.
the rough treatment he has re-
ceived at the hands of the Dawes
commission show conclusiveiy iha
be has been bred a white man;thal
he is not a true Indian.
II would be most obviously un
fair, Mr.. Gambill, to allow you Il
proceed against the Cherokee ma
tion judieialy while, at the same
time, the nation is hampered anC
checkmated at every turn by th'
arbitrary shortcuts so often me
with in executive administration
II was never the intention OF th'
government to give these claim
ants a strictly judicial hearing up
on the merits Of their case. Tb'
very act of claiming to be Indian'
put them practically in the cata
CORY of Indians, and as such they
were no. regarded as entitled Il
that high and delicate considera
tion which, among white people, ii
usually accorded to suitors in 4
regular court Of judicature; hence
there was no court of that kinC
provided for the trial OF these
cases.
The Dawes commission was mol
court Of judicature; it was simply
an institution emanaliDg from, and
acting undei the control Of, the ex-
ecutive branch Of the government
1t differed from court OF judica-
iure In being africilv a tribunal oi