The Kansas herald of freedom., 1858-10-16
From tie Fort SCOT Democras.


We are frequently interrogated by per-
sons living on Dry Wood Creek, in the |
southern part of this county, upon the |
subject of the north boundary of the Cher |
okee neutral lands. There are, perhaps,
as many as $50 families in the southern
part of this county, whose homes depend
upon the solution of this question. Their
number is daily increasing. Many, Of
them have paid large sums of money for
.heir claims, and have expended much
more in making improvements. II 1t
shall turn out that the Cherokees are to
have fifty miles in extsnt, running north
and south, then the homes Of these men
are in danger, inasnuch as fifty mifes
nofthward from the southern boundary of
the Cherokee lands will reach far into this
county. ie n. -5.t .5.
We take the position that the Cherokee
lands are not bounded by miles num-
bered, nor is thsressa amy given number of
acres called for by the Treaty, which will
require them to have an extent of fifty
miles in length. tt..s. bah. ,.....''
The I'd Article of the Treaty made at
New Echota, Georgia, on the 9th of De-
cember, A. d. 1885, which defines their
lands, reads as follows .r
"And whereas it is apprehended by the
Cherokees that in the above cession, there
is not contained a sufficient quantity Of
land for the accommodation Of the whole
nation on their removal west of the Mis-
sissippi, the United States, in considera-
ton of the sum of S5OO,OOO, therefore
hereby covenant and agree to convey to
the said Indians and their descendants,
by patent in fee simple, the following ad-
ditional tract of land, situated between
the west line of the State of Missouri and
the Usage Reservation, beginning at the
southeast corner of the same, and runs
north along the east line of the Usage
lands so miles to north east corner there
OF, aud thence east to the west line Of the
State of Missouri, thence with said line
south 80 miles, thence ives. to the place
of beginning, estimated to contain 100000
acres; but it is expressly understood that
if any of the lands assigned the Quapaws
shall fall within the aforesaid bounds, the
same shall be reserved and excepted out
of the above lands granted, and a pro
rata reduction shall be made in the price
to be allowed to the United States for the
same by Cherokees."
By the above section it will be seen
that if the fifty miles north had been call
ed for and intended as the infexible rule
of demarkation, the words "north-ea
corner'' of the Usage lands would not
have been added. The SO miles, is but
language of approximations subject to
variation in measurement of it, and was
not intended for particular description
If it had been intended as the infexible
rule of boundary, the treaty would have
liked the number of acres definitely a
100000, as so by 25 miles would max,
that exact amount. We find, however
that the treaty says the tract is only "es
timated" to contain 10000 acres.
But in addition to this, and in ordel
that there might be no misunderstanding
the treaty fixes an exact and we'll defined
point as the north boundary, viz: the
north east corner" of the Usage lands
"and thence east to the State Of Mis-
souri," H -..
Taking, then, the north boundary o.
the Osages and extending the line east tC
Missouri, we have a north boundary Il
the Cherokee lands that will not interfer,
with settlers on Dry Wood. Such a lin,
would take about one and three-quarter
of a mile from the southern part of Bour
bon county as defined in the maps o
Kansas.
This view Of the subject seems to hav,
been held by the Government in thei
Treaty with the New York Indians, mad,
at Buffao Creek, n. Y, January 18th
1888, in which their land is defined a
follows: '-t 1905 '-
beginning on the west line of the Stat,
Of Missouri, at tbs northeast corner O
the Cherokee tract and running theme
north along the west line of the State o
Missouri 27 miles TO the south line Of tn
Miami lands thence west 80 far as shal
be necessary by running line at righ
angles, and parallel to the west line afore
said, to the Usage lands, and thence east
eriy along the Usage and Cherokee land
to the place of beginning-to includ
1924, ,0OO-being $40 acres for each sou
OF said Indians, as their numbers are a
present computed, to have and to hol'
the same in fee simple to the tribes o
nations Of Indians, BY patent from tn
President, &C." t5 :. 1is<
The words, "and thence easte-ly alon
the Usage and Cherokee lands" indicat
that the Usage and Cherokee lands are il
the same line running eastward.
The map of the late Surveyor Genera
OF the Territory, reported by the Lam
Department to Congress as official, is ful
ther proof of the correctness Of this posi
ton, and shows that the Government
committed to it. That map brings tn
line Of the north boundary of the Usage
and Cherokees, about one and three-aua,
ters Of mile into the country. and onl
within about Is miles of Fort Scott, =
D While such construction will reliey
= many Of our citizens, it will prove n
: hardship to the Cherokees. Though the
tall short BY several miles in the lengt
'of Their land, they should remember th,
!, SO,OOO acres were not assured TO then
but only number estimated at Oh,
figure. .l "a, y,rs Ut