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Ft. Gibson Post

Vol III No 6

November 4, 1897 (Part 5)

Abstracted / Transcribed by Linda Haas Davenport

When the print is so faded that it cannot be read <.....> will be used . All transcription will be as found in the paper, misspellings and all

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Dividing Line 

 Page 6, Column 1 & 2

<Article - LAFAYETTE SQUARE. One of the Most Interesting Localities in Washington. In Its Vicinity Most of the Great Men of the Nation Have Had Their Homes at One Time or Another>

Page 6, Column 3 & 4

<Article - A FAIRY TROPIC ISLE. Jamaica, the Wonderful Garden of the West Indies. It Supplies enormous Quantities of Bananas and Oranges for the American Market - Rare American Enterprise.>

Page 6, Column 5

<all Patent Medicine ads>

Page 7, Column 1

<Article - A CHILD'S RECOVERY. From Paralysis and Six Years of Convulsions. Little Fannie Adams, of Umatilla, Cured of a Dreadful Malady - A Cure of Unusual Interest - A Reporter Investigates.>

SOME ODD LITTLE FACTS. An ordinance being enforced in Newbern, N.C., prohibits anyone, proprietors and employes included, from going in or out of a place of business between Saturday midnight and Sunday midnight.

Shakespeare's daughter, Judith, who was 22 when he died, survived him 46 years and became a Puritan. So rigid was she that she would never go near a playhouse, and was intolerant of everything theatrical.

Two daily newspapers are now printed by the Japanese in Formosa. One of them appears in Japanese only, while the other has articles in three languages - Japanese, Chinese and English, or what is intended to be English.

The supposed grave of Eve is visited by over 40,000 pilgrims in each year. It is to be seen at Jeddah, in a cemetery outside that city walls. The tomb is 50 cubits long and 12 wide. The Arabs entertain the belief that Eve was the tallest woman who ever lived.

Out in Redlands, Cal., they have been cutting grain this season with a harvester that is truly a mammoth of this kind. It has a cutting-bar over 50 feet in width, cuts the grain, thrashes it, ties it up in sacks and turns out hundreds of these sacks an hour.

<jokes - The Wit of Juveniles>

Page 7, Column 2

<Article - A City Of Street Cars. Carville, on the Pacific Coast, and the Domiciles of Abandoned Vehiciles. ... about converting old streetcars into homes>

<Article - A Check for Perspiration ... recipe for making an antiperspirant>

<Article - Convent Salad ... recipe for a salad>

Page 7, Column 3

<Article - Her Scolding Locks. She Tried to Oblige a Friend But She Got Angry About It.>

Page 7, Column 4

<jokes - small one line jokes>

Page 7, Column 5

<Article - How to Make Tea>


<Ads that span column 4 & 5 - Patent Medicine>

Page 8, Column 1

     CHIEF MAYES MESSAGE (continued from page 1) - requesting what terms the military reservation at Fort Gibson could be had for the use of the war department and suggested a period of one year. In reply he was informed that having no authority to make any terms with reference to the military reservation without the consent of the National Council, but that if the proposition was made in writing, that upon your convening in regular session, it would be submitted to you for your consideration and action. Nothing further has been received, but in case it is, I will transmit it by special message.
     DAWS COMMISSION. By an act approved December 4, 1896, the commission appointed by virtue of an act approved August 22, 1896 to confer with the United States commission was continued in authority and two additional commissioners were added thereto. The final reply of the Cherokee commission to the United States commission is herewith handed to you and the reasons given in detail why an agreement was not reached.
     TRIBAL GOVERNMENT. You particular attention is invited to the miscellaneous provisions of the last Indian appropriation bill passed by the Congress of the United States, approved June 7, 1897, which among other things, provides: "That on and after January 1, 1898, the United States courts in the Indian Territory shall have original and exclusive jurisdiction and authority to try and determine all civil cases in law and equity thereafter instituted, and all criminal causes for the punishment of any offense committed after January 1, 1898, by any person in said Territory, and the United States commissioners in said Territory shall have and exercise the powers and jurisdictions already conferred upon them by existing laws of the United States as respects all persons and property in said Territory; and the laws of the United States and the state of Arkansas in force in the Territory shall apply to all persons therein, irrespective of race said courts exercising judisdiction thereof as now conferred upon them in the trial of like causes; and any citizen of any of the said tribes otherwise qualified who can speak and understand the English language may serve as a juror in any of the said courts."
     On the following page of said act it is provided: "That on and after January 1, 1898, all acts, ordinances, and resolutions of the Councils of either of the aforesaid Five Tribes passed shall be certified immediately upon their passage to the president of the United States and shall not take effect, if disapproved by him, or until 30 days after their passage; provided that this act shall not apply to resolutions of adjournment, or any acts or resolutions or ordinances in relation to negotiations of or ordinances in relations to negotiations with commissions heretofore appointed to treat with said tribe."
     No comments from me are necessary to advise you of the clear intent of the Congress of the United States, and while I have heretofore believed that it was necessary that our people, in order to better protect their interests, should make some concessions and enter into negotiations with the United States commission, I have always opposed any arbitrary action taken by Congress without the consent of our people If this act of Congress goes into effect and it is constitutional you will clearly see that our judiciary is completely destroyed; one of the corner-stones of our constitution is gone, and without this there is no use or necessity for either of the other branches of our government, inasmuch as it would be necessary to enact legislation without the machinery for its enforcement. Article 5 of the treaty of 1835 provides: "The United States hereby covenant 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 to territory. They shall secure to the Cherokee nation the right by their National Councils 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." Our ancestors anticipated such legislation from their experience east of the
Page 8, column 2
Mississippi and they thought that in securing the above solemn guarantee to themselves and their posterty they would be forever protected. Later on they provided in the 13th article of the treaty of 1866 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 organized in such manner as may be prescribed by law: provided that the judicial tribunals of the nation shall be allowed to retain exclusive jurisdiction in all civil and criminal cases arising within their country 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 otherwise provided in this treaty."
     For the above guarantee, agreement of contract valuable considerations were exchanged, and I am not of one of those who believe that the Supreme Court of the United States will permit these solemn agreements to be violated by the government of the United States against a defenseless nation with impunity. I therefore recommend that you make such provisions as is necessary for testing the constitutionality of these provisions under the late act of Congress as above quoted. No exhorbitant amount need be appropriated, inasmuch as all the questions involved might be taken in one case and a test case made of it. Heretofore the Cherokee nation has not had an opportunity to test its rights in the courts, and is our treaties are to avail us anything we should ascertain it as soon as possible. Because of the embarassing legislation on part of Congress by ordering a survey of our lands several years ago; by taking away the jurisdiction of the nation in citizenship cases - a right to which we have tenaciously clung for so many years - and by the refusal on part of the United States to carry out its treaty provisions with our people and afford them the protection, in the way of the intruders from our county, as guaranteed; and by the advice of the representive men of the Five Civilized Tribes, assembled at South McAlester, I.T. I though that our people could be better protected, and I want to say to you that I honestly think so today, by entering into negotiations with the U.S. commission to the Five Civilized Tribes. I am not in favor, of the Delaware claim. It should be rejected. I am not in favor of the railroad grant; reject that. But I believe that the interests of our people would be better subsurved, that the intruder question would be more speedily settled, and that the monopoly question would be adjusted by an individualization of the title to all our lands to al the citizens of the Cherokee nation. Other matters pending between our government and that of the United State could be settled at the same time. Provision could be made for the continuance of our government so long as we might think best. But as above observed, none of your are more strongly opposed than I am to the United States violating its solemn obligations with our people, without our consent and I am ready to unite with you in every legitimate way to protect them.
     DELEGATION. The report of the delegation is herewith submitted to you for consideration, it show the arbitrary action of congress and it shows the numerous protests the late delegation made against the adverse legislation which was pending against the Cherokee Nation. By the invitation of the National Council I accompanied the delegation and remained in Washington until the close of the regular session of congress, and can assure you of the evident desire of congress to have some change effected in our form of government.
     In order that our people might have their interest more fully guarded and for the purpose of acquainting all classes of our people with the exact conditions of affairs at Washington, I should be glad to have you provide for a strong delegation at an early date as possible.
     There are many questions of importance affecting our people that I should be glad to submit were it not for the uncertainty of the continuance of our courts and our government and I have thought it best to advise much general legislation for that season in concusion.
     I have the honor to herewith submit the report of the Treasure of the Cherokee Nation, Cherokee Commission
Page 8, column 3
Board of Education, Editor of Advocate, Attorney General, High Sheriff, Medical Superintendent, Delegation. Respectfully submitted: B H Hayes, Principal Chief Cherokee Nation.


Items of Interest Gathered By Our Special Correspondent.

R S Conard, a traveling photographer, has pitched is tent in our town.

The second crop Irish potatoes is rather light owing to extreme dry weather.

The firm of J W Breedlove is doing a fine business this fall, some thing over $1,000 a week.

The new city lock-up is ready for business. It is of rock, with iron door and strong fastenings.

W J Watts of Wagoner was in town last Friday to attend the funeral of the late W F Jacobs.

Young ladies should not drink liquor, much less become intoxicated thereon. "A word to the wise is sufficient."

Mrs. Hart, wife of station agent Hart, intends to open in the late Watts residence a first-class place for traveling men.

C C Markham has resumed work on Dr. Turnham's stone building. It is 43 feet front, and will be an ornament to the town.

The crusaders are still with us and gaining ground. Their meetings are largely attended and many people have come out on the Lord's side.

The two cotton gins are running day and night, and still behind. It is safe to say that at least 4,000 bales of cotton will be turned out here this season.

W D Shallenberger and John Butler are "chewing the rug" over the matter of who has the best hogs, each claiming highest honors on points. "Judgement."

W J Smith, whose residence was destroyed by fire three weeks since, is re-building on a larger and better plan. "Can't keep a good man down," as John Butler says.

Mr. W F Jacobs, and old and esteemed citizen, died at this place October 27, 1897, and was buried on the 28th with Masonic honors. Mr. Jacobs was one of the best men in this entire section, loved and respected by both Indians and whites. He leaves a wife and five children to mourn the loss of an ever kind husband and indulgent parent.

<ad - J R Dyer's hack>

For the benefit of our subscribers who wish to pay up and don't know where the office is, we will state it's across the railroad track, opposite the cotton gin.

At Muskotah the other day the wife of Joseph Smith presented him with three boys and two girls. The lady didn't say if whether any got away or not.

<ad - James Coleman ... Lumber, etc>

Page 8, column 4 & 5

<ads that span both columns - Butler Mercantile Co ... Bankrupt - Store - Samter & Co, Fort Smith, Ark. ... Butler Mercantile Co>


To Be Continued

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