Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-07-05
FLAG AND CONSTITUTION
They Parted Company at The
Arkansas Line.
EDIroA NfhsvrAIN.

foot as the American Aagl In the
carly days Of the republic II was
really thought that they kept pace
with each other; that wherever the
stars and stripes hoaied in the
breeze, there the constitution. was
ever present to guarantee human
freedom, equality before the law,
and protection for the rights OF
person and properly; that the aegis
Of the constitution was as broad as
the sphere Of universal humanity;
and that wherever "old glory"
waved; IN whatever zone, or cline,
the effect was like that of the early
spring.sun upon winler's white
fields Of snow: the shaclSles were
dissolved and dropped from the
wrists and ankles Of slavery; and
downtrodden humanity like vege-
lation in springtime, rose and
blossomed into a new and better
life; and ell that.
But this was only a painted
dream Of the fathers, a gilded Wis
ion Of an exhilarated imagination.
Washington, Hamilton, Jefferson
and Franklin all believed firmly
in the indissoluble oneness, abso.
lutte homogeneous individuality, Of
the American constitution and the
American flag. Modern legal sci
ence, however, has looked a little
more deeply into the matter; it has
been found that, though belonging
to the same natural kingdom, they
are creatures widely differing as to
species. AS to speed and bottom.
one can get over much more ground
in the same space Of time than the
other. The flag, for instance, has
long since made the entire semi
circumference of the earth, and is
even now seen waving over the
spicy valleys Of the Philippines,
while the old spawned constitu-
tion has never yet got to Cuba, and
is still haliing and limping along
the coasts of the Atlantic and the
Pacific.
II is certain that the American
flag entered the Indian Territory
years and years ago, and has been
waving for more than a century
over the Eve civilized tribes; and
il had never occurred TO any one
but that the American constitution
Lcame in along with it as a compo.
nent part. an inseparable con.
comitant.
But now il seems not TO have
been just exactly SO; and it is righr
funny, funny indeed, TO think tha
I
such an old Solomon Of the law al
Judge Thomas should fall a victim
to such a delusion. In a recen
case before his court he had occa
sion TO bold that the constitution O
the United States was actually
here in the Indian Territory, o
rather over il. shading and tenn
pering our Indian atmosphere be
meath its broad white wings, an,
constituting tia delightful medium
of human freedom and safety jus
as it does, for instance, over ther,
in Arkansaw. But it was a mis-
take; friend Soper had failed I,
keep the judge properly informe'
on matters OF current history; h
ought to have told Judge Thoma
in due time about the Americai
flag and the American constitution
Z II now seems that, in their journe.
westward along with the star Q
empire, they travelled together jus
as tremendously as any alliance,
: couple could possibly do, unit
J they came to the Arkansaw line
! Here a fatal Jar occurred betwee
, themj a divorce suit was the re
suit, and they parted company
Mrs. constitution remaining baa
: there in Arkansaw while Mr.. Flo
D stepped across the line and too
+ up his abode among the Indians.
Now Judge Thomas had nc
heard anything at all about thi
q unpleasant domestic episode an
! was under the-impression that th
y conslit alton was here living in tn
{ Indian Territory also. According
}, ly, in decidinga a case before hir
he thundered forth from his benct
"No man can be deprived of hi
. property without due process {
{ law, saith the constitution. Br
+ mark you there was no constilV
tion here; she had stopped on III
other side OF the Arkansaw lin'
and had never been domiciIed
the Indian Territory. Then h
distvlct attorney laughed; he sa
the old judge was Of, for theI
was no constitution; how could h
be rightwbep there was no oonst
tuition to aulorize the citation
such authority
When .he Judges b,under va