The New York herald., 1870-01-26

Tho present administration inherited from It's pre-
decessor, among other troubles, q batch OF untin-
fsDed treates" with certain parties called Indian
..natons," but who are declared by the fourteenth
amendment to the constitution to be citizens Of the
United States. One Of these jobs Is known as the
great Cherokee swlndle. 1t was partly exposed In
the HERALD over year since; but as a determined
effort Is now being made to procure its ratification
in Senate secret session, and II successful WILL 1t
estimated, transfer some ten twelve million dol
lars from our national Treasury to the Indian ring
! q more thorough exposure seems now In order The
document under consideration is marked ''cOnfl-
dentia," J" and bears upon Its brazen front the
title Of ARTICLES or agreement between the
United States Of America represented by N. @. Tay-
lor, Commissioner OF Indian Affairs, and the Chero-
kee nation OF Inuians, represented by L. Downing,
II. d. Reese, William p. Adair, J. p Davis, Archie
Scrapen, Samuel Smith, J. A. Scales and Elias @.
Boudinot with fun powers to conclude the same.n
The drst three articles Of this treaty assume, In
effect that the Cherokee Indians constitute an nde
pendent nation, like France or Spain in plain def.
Ance to the constitution Of the United States which
declares In pain terms that all persons born natu
rallied Ia the United States citizens thereof.
Article provides that the United States shall
purchase OF the Cherokee nation certain tract OF
land situated just north OF Texas containing alto
gether about 49, acres for the modest sum OF
$3 900, portion OF which Is to be deducted TO
pay certain expenses, portion to be distributed
among citizens Of the Cherokee nation, and tho
balance, any there be, invested for the benefit OF
future Cherokccs.
The Cherokee nation reserves, however all salines
IN the ceded lands west OF the Arkansas river
together with the free OF wood. coal ana other
facilities requisite FOR the development OF said salines
and FOR the manufacture OF salt therefrom, and also
the right OF exporting and disposing said salt free
,frOm taxation.
section OF the internal Revenue law provides
shat certain articles Of manufacture shall be taxed
produced anywhere within the boundaries OF
the United States, whether the same be within
collection district or not IL win be seen. therefore,
that tins infamous treaty overrdes not only the
constitution, but sets aside the Internal Revenue
law. The seventh article Is given In full. Here
Is ts:-
the Cherokee nation for years
nuy funds. accrued during the late War and remaining
the amount OF said whatever the be- and
. ssipuiatons
Article eight provides that the laws Of the United
states shall be null and void In thai portion or
national domain occupied oy tue Cherokee nation.
Article nine provides that the Cherokee Indian
. agent may investigate certain claims held by the
States and the Secretary OF the Interior shall pay a
aucn awards, be the same more or less. Set down
article nine at 81 000, 900 or thereabOutS.
Article eleven provides for the pay ment OF certain
other claims OF the Cherokee nation Cherokee
diyiduals AGAINST the United States Under this pro.
worth OF claims against the United States could
Article twelve provides for additional onnces to
carry OUT the provisions OF the .'treaJy,n and
pleasant relief article sixteen provides for the pay
ment OF still another batch OF the Cherokee claims
against the United States for cOmmissary and quar-.
sermasers' stores furnished the United States also
all claims for property lost or destroyed BY the
operations OF late war on account OF the failure
by the United States to protect the Chcrokees.
Article sixteen Of the treaty Is the coolest yet 1t
a Is as f0ll0Ws:-
Every Cherokee shall have the right to sell the product Of
his farm Including his live stock or any merchandi.s Or
market without restrain. or paying tax to The United
States Of them and no license 70 trade with the
Is sasns unsss iss. .p %
3sT II Ths ] sum sssce hereby stipulated and
e % % % the un w ss 70 den m the
Of this treaty Of which be paid Of the funds
of the Cherokee nation.
Articles eighteen, nineteen and twenty-one are
similar TO the above and the precious document Is
signed by Ii. q. Taylor, Commissioners on behalf OF
the United States, and by Luclus Downing ii. ID.
Reese, william P. Adair, late Z. s. A.; Samuel
Smith, Archie Scrapen, j. Pom. DAVIS, J. A. Scales
and E. o. Bouonot, delegates OF the Cherokee
nation. Witnessed by James Wortnams, L. n. ROD
sClum
Such are or were the provisions OF the "treaty.r
Notifications have been proposed but l cannot
learn that any important changes have been made.
None nave been made public to my knowledge.
Will pass over for the present the articles setting
aside the Internal Revenue law wei as those that
give few interesting facts in relation to the Cher0-
kee nations title to The 49, 900 Of land they
propose 70 sell 70 the United states If any inquiry
upon this subject Is made OF the Tite Barnacles In
the General Land ONCE the seeker for Information
gravey informed that the Cherokees hold 1t by fee
simple title, sfr, from the United States" Some Of
the best lawyers IN Congress inform me that the
CherOkeeS have no title either In law or justice. l
and the result Is now lor the first time published.
PRESIDENT VAN BUREN's TITLE.
In the year 1888 President Van Buren, gave the
q rIuh md n
question on certain condLions but not to sell or dis
pose Of IN any way. Here is an exact copy OF the
grant Of 1888, now tOr the first time 1t ID believed
made pubic:-
The United States have given and granted and BY these
s Il s
nave and @ hold the same together with a the rights priv
lsgss and appurenanccs belonging to the said
Of permit Rss 'ns
ps M % he Iss n
q Ss a % S sSS e @ wna @ % o s has .S Ss
e Ss
che manner in which the said rights reserved third
ss May 70 hs above res,tsd
ae s aa hs1ss.
ws1ee q . ns Ts
the United States Of America have these letters
ass patent and the seal Of tho General Land ocs to be
Given under my hand at the city of Washington tho thirty.
thousand eight ,hIrfy-eght and of the nde
pendence OF the United States the sixty third
By the President. NJ. VAN BUREN,
II. NJ GARLAND. Recorder Of the General Land Once.
Holding the lands ty this title, and cannot learn
chat they pretend TO any other II Is gravey proposed
70 sell them TO the United States The lobby obbers
and lite BarnaCes Of the Land Olice call II a fee
simple title. Webster gives different definition,
thus:-"An estate OF inheritance belonging TO the
owner, and transmisslble 70 his heirs. absolutely
ana SIMPLY without condition attached to tenure.S
Here we find three distinct conditions attached to
tenure. One that the lands shall revert to the
United States II the Cherokee nation shall become
extinct or abandons the same. II there ever did
exist in law Cherokee nation 1t became extinct
with the adoption OF the fourteenth amendment 10
the constitution. that declares all persons born
within the jurisdiction OF the United States citizens
thereof and the lands have reverted 70 the United
states
1t is high time that the criminal folly Of permitting
certain United States officials to make treaties with
sheir own fellow cLzens was ended. II the United
states can, by treaty or Otherwise, purchase por-
tiOnB OF Its own soil OF the Cberokces can repur.
chase Alaska from the Indians now occupying that
Territory.