The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-13

United States has failed give them the protection
promised by treaty. They aver that justice can
now only be done by division Of the country Sc
cured by them in the West, under the provisions OF
that treaty, and division of the annuities giving 70
each party its appropriate share. Judge Paschal
supported these propositions after they were read
and set forth clearly what the treaty party would
contend for
The counsel for the old settlers or western Cher
okees, were then called upon, and Colonel STAN
baugh responded to the call He said his colleague,
the Hon. Amos Kendall, was still absent in New
York, but he was prepared to submit full exposi-
ton of the and extent of the claims of the old
western Cherokee nation. He then read the paper he
intended to fle which, he said was to be consider
cd the groundwork upon which he intended to
establish the claim of his constituents. There is
no doubt or ambiguity thrown around this claim
il presents full declaration that the country occu-
pied by the Ross nation belongs to the "old west.
ern Cherokees," and that no treaty exists under
which Mr.. Ross can claim it. The following is
the substance Of the history given by Col s. in the
paper he has filed. .
As early as the year 1905 the cherokss nation
was divided into two parts, called supper and
Lower towns" Both parties sent delegations to
Washington city for the purpose Of procuring the
assent of the United States government to a divi-
soo oftheir lands and final severance of all their
interests, so that they might thereafter be two dis
tinct and separate nations The one nation desired
to retain its country in the East and engage in the
pursuits Of agriculture and civilized life; and the
h.. 81.
west ofthe Mississippi for which il would exchange
its portion Of the country in the east President
Jefferson, on the 9th day Of January, 1902 sssented
to both propositions, and an exploring party was
sent to the west from the lower Cherokee towns.
This party found country; and in the year 1877,
the United States held treaty with both parts of the
divided nation for the purpose of carrying the
rangement Of 1909 into effect. The country was
paritoned of, and the nation composed Of the
Chsrokees called the Lower towns, coded their
portion to the United States for and in consdera-
ton Of a country, which was to be guaranteed and
confirmed to them Of the Mississippi, Of equal
extent-or in the language of the treaty, "ACRE for
AoRE"-with that they relinquished. As the extent
Of country to be exchanged depended upon the
number who would emigrate and join the western
nation, it agreed by the treaty of 1917, that a
census should be taken to settle this question in
June, 1918, up to which time the emigrating rolls
were to be kept open. The taking OF this census
postponed at the instance Of the United States,
and the eastern Cherokees DESTROYS to close the door
to further emigration west entered into a treaty in
the year 1879 with the Hon. J. c. Calhoun, Secre-
tary of War, by which they put that question to
rest BY this treaty. it is decided that the western
Cherokee nation is to be taken and considered as
one-ihird Of the old nation-thst the country east
should be divided in that proportion, and that one
third be ceded the United States in full for all in
.erest held by the western Cherokees in that coun-
try. This was done accordingly, and quantity of
land in addition to that ceded in 1917 was conveyed
to the United States, embracing ons-thrd Of all the
lands owned and occupied by the Cherokee nation
at the time the treaty Of 1917 was concluded, for
which they were to receive country of equal ex-
tent west of the Mississippi river. All the annuties
accruing the nation anterior the treaty of 1877
and hooihird, to the eastern nation. Ever since
that time, until the commencement Of their present diff
euliie,, have the Cherokees been divided into two
nations, entirely independent Of each other.
Aer the treaty Of 1919, the nations above referred
to were designated as the Cherokee nation east of
the Mississippi" and the Cherokee nation west
of the Mississippi river" In the year 1928, the
western nation was applied to by the President
through the Secretary of War, Mr.. Barbour for
cession of their lands obtained by the treaties of
1917 and 1919, which were required to complete
the boundaries Of Arkansas territory. For these
lands the United States proposed to give them in ex-
change country still further west, and beyond
those boundaries. A treaty was accordingly entered
into in May, 1923, by which this exchange was
effected, and seven millions Of acres were conveyed
and guaranteed to the "Cherokee nation west of the
Mississippi" with tes-simps title; and, in add-
ton, perpetual outlet, and free and unmolested use
of all the country lying west of the western boun-
Diary of these millions of acres as "fr west as
the sovereignty Of the United States and their right
Of sol'' extended, was also secured to them. The
9th article ofthis treaty clearly shows this title to be
in the Cherokees then in occupancy, by the pro-
vision that ",ohen they may ,css to lay of their lands
and o,cn them INDIVIDUALLY surveyor shall be sent 10
make the surveys at the cost of the United States"
In February, 1888, another treaty was entered in
to with the "Cherokee nation Des Of the Mississippi
riper," which, on behalf Of that nation, was signed
by the heads of the executive and Legislative branch
of the government This treaty settles contest
ed question of boundary between the Cherokee and
Creek Indians, and definitely and permanently es-
tablishes the boundaries Of the Cherokee country,
the title to which is confirmed to the raiion pest Of
the Mississippi. This is the last treaty entered into
between tho U. States and western Cherokees; and
it has never been abrogated, the latter still claim
the country under its provisions. In the year 1895
after many years of trial, treaty was entered into
between the United States and the eastern Cherokee,
by which the latter sold their ioottrds of the coun
try east, retained under the provisions of the treaties
of 1917 and lSl9 for the sum of fire millions Of dol
iarsl One of the articles of this treaty designates
the country secured above stated, to the western
Cherokees as home also for the ohole eastern ma
ton, and they were removed upon it accordingly
This net has pre rise 10 The ,pbo srsfino CheroI,, diff