The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-07
THE CHEROKEE LAND SALE.
a Big Speculation Squashed by the
Attorney General.
How the indians and Emigrants Were
10 Have Been SwindIed.
s-.>~---~>~~~>~~>>~~~~~>~-,<
improvements and Cultivated Prop
erty Of Actual Settlers to yxave
Been Sold for Song.
Yhe Contract Hlegal--.-Cash Demanded by
The Treaty.
. --~--~-~~.~~>--~--~-~~
The Emlgrant Company TO be Given
Notice to Quit. +
-~~~~~-~-
SETTLERS TO BE PROTECTED.
Yhs Contract Mlegal----Cash Demanded b
The Treaty.
The Emsgrant Company 10 be Given
Notice to Quit.
SETTLERS TO BE PROTECTED
&c. &c. &c.
SPECIAL TELEGRAM TO THE NEW York HERALD.


1t is already known that several days before
Mr.. Harlan retired from the Office Of Secretary
Of the Interior he executed contract the
part Of the government of the United States
through HIMSELF as its representative passing the title
of the lands of the Cherokee Indians in tho
State OF Kansas to the Connecticut Emigration
Society-eight hundred thousand acres of land
for 100000, 81 acre, in regular install
ments, with the privilege to the company Of
taking the whole, receiving the deed upon the
payment Of the stipulated funds. This subject
ferrcd TO Attorney General Stanbery, who yesterday
rendered his opinion that the contract is not sustained
by the treaty with the Cherokees and therefore ought
10 be ignored. This viii doubtless be DONE The
Attorney Generals opinion is as follows
ATTORNEY GENERALS OFFICE, Oct 4, 1860.
Hon. O. H. BROWNING, Secretary OF the Interior:
treaty between the United States and the Chero-
xee Nation Of Indians and the contract made
between the late Secretary OF the Interior and
Che American Emgrant Company a corporation of
the State OF Connecticut for the sale Of certain lands
70 PC % the YOU o. p ar
pound upon this contract which are as follows
s sale Of the lands either in separate parcels
in body, be properly made under the treaty in
advance Of the survey Of the lands provided for by the
treaty?
Second-Can the whole OF said lands be sold in body
upon credit IL under the provisions OF the treaty.
necessary to the contamination and validity Of the sale,
that the whole Of the purchase money shall be paid in
hand.
TatdIs the contract in harmony with ard sanctioned
the provisions OF The treaty. and lawfully be
carried INTO effect with regard to the rights OF the
Indians under the treaty.
To avoid repetition instead OF answering these ques-
fsons detail and in the order in which they pre-;
snted propose in general answer to cover all the
ground You direct my attention especially to the
seventeenth article of the treaty and the provso thereto
as amended by the Senate find this seventeenth
article has SO direct bearing upon the questions under
consideration that feel II proper 10 set 1t forth in full
The Cherokee Nation hereby cedes in trust 10 the United
s,e The tract 6 land c sac q kansas which ws
visions Of hc article of tho q 1896 and also
saa s % "a The f. ts aa'a he y s a..
and ne cherokees consent that said lands may be included
herein cedcd shall the public lands Of the
Comuss oner Of the General Land onlce and shall 10
snnnsss 0 Two ons ans
one by the Secretary Of tho INTERIOR and, In ease
lecd 81 he a ppd SS e u
s 81 Ss aa ns sns
Interior shall from time time such surveys and APP
Isr sealed Sds sci such lands hghes. bidders
aud at not L.. Than ne spprased Taue provided that
whenever there ar Of The value q $50 made
scapied Sv any person FOR agricultural purposes
Sa ssnas ana
proof made under such regulations as the secre,
buy the Appraised vai,l, The smallest Quantity e
improvements not exceeding m tho aggregate one hundred
ssa Provided has nothing IT. s sn article I ss pryen a
nenirp lands IN body % a responsible party, cash
sum not less than $sooOoj.
when the treaty before the Senate the 9th OF
July, 1885, amendment was made, 10 these words
Strike out tho last rroso n article seventeen aud insert
vi Article isss Ss pS he secretary 81 the Interior rom
selling the whole % a nds not Gienpsd e sses 81,
ing one hundred and sixty acres 70 each person entitled 70
less than 81 per acre.
As so amended the treaty was finally ratified on the
31st day OF July 1866 On the a0th Of August 1856.
agreement in writing and under seal was made between
James Harian Secretary OF tic Interior, behalf OF
the United satcs Of the part, and srhc American
Tmigrant Company, corporation chartered and exist
ing under the laws OF tho state OF Connecticut the
other part, 10 j. xnessed:--
Thai Harlan agrees sell and hereby doth sell
70 the said company 81 sast tract q IND hsown a me
eight hundred hoasand acres or less with the Invita-
s aRs 81 & net i' np ss ss and
,ss sad sssross. Indians saea on ,hs ' s,, o.
senate with al scDcaes interest eren a. TIE rate o.
s raid to he sssreisiy q tic interior il rss
fion hereof: saD the approval surveys said
lsnds the con.mssoaerof me General Land oalce ana
surs'. y Iss; $500 81 he @ Of aursl isss and SIS
srsrwsrd unf ,sr Whole .6an 6e pail Zach q aid
~ri draw Interest ~ the rate % i've Per cent per
s s1Ss'a IL" ~ "''e : ~ 'r'''' " - '"''''
Next follow stipuailons OF the respective parties.
Is; That the company 10 make payment Of
tse,, sspees ~ n \. lhs ~ ~ same s. nassm
.e s %g ss h VI a. H. eerred sps". 'hs 10
sd annually on ne i, % July ~ ihat ne unsd states
agree 10 cause ssid Janus g Ne ~ pno ana, ~
~ "a & a "a IN -, n,'srt for aaIg esmpanv
~ go land m ono holy hi a. compact form practicable
extending directly afo-s sad trHct :" ana fpm east 20
an containing numbers neres slia 20 the nunper
81 aasrs thea pnd and t. sr :" ns 1svnsy ,ne saaa
~ pssus w $50 M @ ,nare. ~ icsi .ntdlvtsio
s..e AZ sl III. ma 81 IN tnyurut Of each
additional H. ainca With interest as herein stpusied
srt apal for aid company additional tract % land u
compact iot where sad campsny may request bs extend
inF uheos ssiy.s " 1870 - va so ar. az ,rnal
,s. , ia M s,ry~, ~ sste 40 said o. is a.
harsi ir Aeaefitea and 20 on from alne
un the whole shall ~ paid aud Conveyance % any part
q ad anf nan d made a tne ane .. &c psn g.,
=. 1ns.las ~ wv IVY ~ ar nav liz
,,Ts ,nsrri MA sret md i",s,re ttlcs OF tracts III
lands accordingly, ( itsy shali 20 elect