The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1871-10-05
DEPARTMENT OF THE INTERIOR.
OFFICE OF INDIAN AYHAIRs,

"ASh@"AOSs -. -, sept. ON, l0sls
Ehoca Hoag. Sapi. Aadiaa Aeairs, Laurence, xa.s.
SIR-Referring to your communication o
the 22d ultimO, enclosing copy of commu
nication Of Agent Gibson, relative to tres
passers making settlements in the IndiaI
Territory, Aou are informed that the same
together with communication from Aeen
Jones, upon the subject, were submitted 4
the Hon. Secretary Of the Interior with re
port, under date of the 31st ultimo.
Under date Of the 4th inst, the Hon. Sec
rotary replies to the same, stating that al
examination of the treaty stipulations in ref
erence to this country, satisfies him that sucl
settlements are in violation of the laws apt
treaties Of the United States, and that the,
should be prevented if possible. He direct
me, therefore, to instruct you to give motto,
of the decision Of the Department in refer
eEce to the intrusions into the Indian Coun
try, before alluded to, and warn all personl
who have already gone into the country. thai
unless they Immediately remove therefrom,
the Government will take such steps as an
necessary to effect such removal.
The Hon. Secretary also directs me to in
struct you to notify all white people, in the
future, to desist from any attempt to settle in
the Indian Territory south of Kansas and
west Of Arkansas and Missouri; and that
should any person already located in this ter
ritOry CONTRARY to law refuse to remove,
or, should any hereafter, in violation of such
notifications, settle within the Indian coun-
try, you should notify this Office of the fact.
in which case steps will be taken to remove
such persons from the Indian country,
In accordance with the foregoing, and in
order to execute the decision of the Secre-
tary, you will give notice to trespassers, BY
publication in newspapers published in the
vicinity, or bv posting up printed notices, or
both. Very respectfully your obedient ser
Want, II. X. CLUM, Acf'g Com.
In pursuance of the foregoing instructions.
and for the inviolate maintenance of the
Treaties referred to, all Trespassen resident
upon said lands, are directed to remove from
the Indian Territory, without delay, and all
persons seeking homes therein, are warned
against entering the same for such purposes.
For information the following provisions
Of treaties and law are appended:
WHEREAS, 1t being the anxious desire of
The Government of the United States to &C.
cure to the Cherokee Nation of Indians a
permanent home and which shall, under the
most solemn guarantee of the United States
be, and remain theirs forever, home that
hall never, in all future time, be embar-
asset by having extended around it the
ines or placed over it the jurisdiction of
Territory or State, nor be pressed upon BY
he extension, in any way, of any of the
limits OF any existing Territory or State."-
'reamble to Cherokee Treaty Of 1928.
''The United States agree to possess the
'herokees and to guarantee it to them for. |
yer, and that guarantee is hereby solemnly |
'ledged Of, &c."-Article 2; Treaty of 1925. |
"The United States agree to possess the |
,herokees and to guarantee it to them for.
yer, and that guarantee is hereby pledged
{, &c."-Article Cherokee Treaty of
And said article, after describing the
oundaries Of the country thus guaranteed to
he Cherokees, concludes as follows: "And
tiers patent shall be issued by the United
tates as soon as practicable for the land
ereby guaranteed"
''The treaty of 1885 reafirms the above
rOmises and pledges on the part of the
overnment Of the United States, and au-
Orizes the President to issue . patent for
i'd lands, executed to the Cherokee Nation
Indians, according TO the provisions Of the I
Ct Of Congress of May q, $780,"
THAT the lands now occupied by the !
herokee Nation shall be secured to the I
hole Cherokee people for their common
e and benefit, and q patent shall be issued /
+ the same, &c. Article l, Cherokee
'eaty Of 1916. {
In accordance with the above treaty stipu-
tko D-..sI.-s r - Uy-..I .
9 issued patent executed to the Chero- {
e Nation, for their lands above granted ,
d guaranteed, - and 50 far - relates to
1t part Of said lands lying South of Kan s
|, and west of Missouri and Arkansas,
re has been no chOnge Of title, except thai i
the treaty Of 1866, articles Is, and l6,
privilege is granted to the United States, n
settle civilized Indians; upon certain con- Il
ions, upon the lands east of the 9th q
ridian, and friendly Indians upon tie
Ids west Of the same meridian. But it ia 4
tinctly stated that the Cherokee Nation
aims the right of possession and iurisdic. Of
D over all of said country west Of 96th of ..
gitude, until it Is paid for and occupied :"
said friendly Indians and all provisions e.
previous treaties, not inconsistent with b
treaty Of 1866, are therein "reafirmed n'
declared to be in full force, and nothing -
II be construed as ar Acknowledgement by y
United States, or az relinquishmeuf bv Of
Cherokee Notion, of any claims or de- ID
ads under the guarantees of former trea- VI
, except as herein expressly provided /" b.
.rticle 81, Treaty of 1866. 60
In article 26 of the same treaty. The es
ted States guarantee to the people Of the uh
rokee Nation the quiet snd peaceable u
esslon OF their country, and protection an
INST interruption or intrusion from all 90
citizens of the United States Z!
may attempt to settle on their lands or mi
1e in their territory."-ldem. Ia
In article q Of same treaty, all persons uo
in the military service Of the United -.
=, and not citizens Of the Cherokee Ma
, are prohibited from coming into the /
rokee Nation or remaining il the same
pit a. otherwise provided in the nme Cb
y, and It is therein made the duty of the to-
ed States Indian Agent for the Chero- .
/, to have such pe3ons, unlavfully re- ro1
9 or sojourning therein, removed from sor
Nation, - they nov are or hereafter ar,
be, required BY the Indian Iptercour,e the
, OF the United Statea,n 10
n compliance with . desire of the Uni. lS7
tates to locate other Indians and freed.
thereon, the Creeks hereby cede and tn
y to the United States, to be sold to and Pa,
- homes for such other civilized In Rr,
- the United States may choose 10 set- and
hefeon, the vea half of their entire aho
in, to be divided bv . line running tie
and south. The eastern half Of nd
lands, being retained BY them, shall. Re-
4 ~ h~p,sm nHh>-s- A:-lSI