roved October 19, 1891, declaring all
contracts made by the Choctaw delegates with any attorneys in connection
with this appropriation void and of no effect. A copy of this law will
be found with the papers submitted. There has also been submitted to me
an unofficial copy of the opinion of the attorney-general of the Choctaw
Nation holding that this last legislation is unconstitutional and void.
I am of the opinion that if this appropriation is to stand provision
should be made for protecting these tribes against extortionate claims
for compensation in procuring action by Congress. Copies of the several
laws passed by the Choctaw Nation with reference to this matter will
be found in the accompanying papers. It will be noticed that the
distribution proposed is limited to Choctaws by blood, excluding the
freedmen and the white men who have been given full citizenship from any
participation. A protest against this method of distribution has been
filed by a white citizen of the tribe, and also a representation by Hon.
Thomas C. Fletcher, their attorney, on behalf of the freedmen. In view
of the fact that the stipulations of the treaty of 1866 in behalf of
the freedmen of these tribes have not, especially in the case of the
Chickasaws, been complied with, it would seem that the United States
should in a distribution of this money have made suitable provision
in their behalf. The Chickasaws have steadfastly refused to admit the
freedmen to citizenship, as they stipulated to do in the treaty referred
to, and their condition in that tribe and in a lesser degree in the
other strongly calls for the protective intervention of Congress.

After a somewhat careful examination of the question I do not believe
that the lands for which this money is to be paid were, to quote the
language of section 15 of the Indian appropriation bill, already set
out, "ceded in trust by article 3 of the treaty between the United
States and said Choctaw and Chickasaw nations of Indians which was
concluded April 28, 1866," etc. It is agreed that that treaty contained
no express limitation upon the uses to which the United States might put
the territory known as the leased district. The lands were ceded by
terms sufficiently comprehensive to have passed the full title of the
Indians. The limitation upon the use to which the Government might put
them is sought to be found in a provision of the treaty by which the
United States undertook to exclude white sett