New-York tribune., 1871-07-13
SETTLERS CLAIMS on INDIAN LANDS.

THE CHEROKEE NEUTRAL LANDS-THE SEVERAL
TRANSFERS THEREOF-IMPORTANT QUESTIONS
SOLyED-wHERB THE SHOE PINCHES.
To the EditOr of The Tribune.
SIR The lands of which the title has re-
Gently been conferred by decision of the u s. Courts,
referred to at the time by THE TRIBUNE. what are
known as the Cherokee Neutral Lands. embracing the
whole OF Cherokee and Crawford. and portion OF
Bourbon, counties in Kansas The Cherokees have no
direct interest the result OF this suit and the questions
raised concerning the original title to the lands In dis
pute all side issues far the relatives OF the
Indians TO the pending legal contract concerned
These Neutral Lands comprise an area of 100000 acres
lying in obong shape, bordering Missouri, near the
Indian Territory and extending so miles north and SOUTH
and half that distance east and westbeing part OF the
Louisiana purchase, ceded to the United states by
France in 1905 forever, and in full sovereignty"
When Government took possession OF the purchase
October 81, lSO3l large OF -embracing all the
country Of the Mississippi. north Of the Red and
south of the Kansas rivers, and including this 100000
found in the occupancy OF the Usage Indians
In June 1925 this Indian title OF occupancy was extn
gushed by treaty between the Osages and the Govern
ment of the United States said treaty stpulang that
the tract Of 100000 alluded to should be designated
"neura ground" on which neither Whites nor In
dians should settle remain, the purpose being to
create barrier between the white inhabitants of Mis-
souri, the one hand and the Usage Indians on the
other. Hence the name Neutral Lands" BY treaties
with the Cherokees 1925 1888 and 1885, the Govern
ment ceded 100000 of land beyond the Mississippi
to that tribe in exchange for the Georgia lands and in
addition by the last OF these treaties sold to the tribe for
the sum 100000 the 100000 OF Neutral Lands
This sale made under act of Congress 2sth May
1890, providing for exchange OF lands with
the Indians" and in the patent issued to the
Cherokees therefor under the act OF Congress and treaty
aforesaid was made condition that the lands thereby
granted should revert to the United States" the said
Cerokees became extinct abandoned the purchased
territory On Oct = 1861, the CherOkees, In their ma
tional" capacity, made treaty with the Confederate
States represented by Albert Pke) by which they en-
tered into "an alliance. offensive and defensive WIN
the Rebel Government and contracted to sell to that
Government for the of 5OOOO the neutral tract of
land in Kansas During the Rebellion the Neutral Lands
were held alternately by the parties to this treaty and
not permanently occupied by anybody.
In the summer Of 1866 several hundred Union soldiers
who had been in the Southwestern campaigns and been
attracted by the soil and climate removed with their
families from the older States to Kansas and settled on
these Neutral Lands The official records show that in
August Of that year 1881 families were occupying
"caims" there Many Others have since followed and
there are now fully $500 families of them aggregang
not less than 1900 rersons-numbers OF them having
made fine farms. built good houses, etc. The lands are
among the best in the state and worth, without i'm
provements an average OF at least s. per These
settlers took their claims Iwth0ut any ogecton ,G on
the part of the Indians or OF the Government. Ihe
patton Of the lands The Indian Office recognized them
actual settlers And the President wrote them at the
down there, and they should be protected in the
homestead and prGemption right" Not 9 word
al Snybody Concerned until in August, 1860, when
tpeatv e 1od ceded the Neutral Lands back to the United
states, in trust to be sod for their benefit i9r cash
were first sold the American Emgrant Company Of Con
neccut the 3Oth OF August 1866 This sale was de-
clared void by the Attorney General and another sale
was made October 20, 1866 to James F. JOY of Detroit
AT 81 per The seters-Or at least large majority
Of themhave refused and still refuse TO recognize the
validity of title, and claim equitable title, under
the Homestead and PrGemption Laws; TO the lands lands
which they cultivated and enriched They base Their
claims substantially upon the following points: fTSt:
And mainly that the treaty power % GI ths Gov
as the Constitution provides tlat Ine congress % snal
pPoperfy of the United States second That, by the
PIKE Treaty the CherOkees in law abandoned the lands,
states and became ordinary public lands,
subject to Homestead and PrGempuon entry.
and under Constitution and laws il OF occupancy
merely that the fee simple vested in the General
was informal, Illegal and void These are OF course only
the leading points. There are many minor questions
connected with and growing out of the main elements OF
the controversy. The foregoing are sufficient, however
10 clearly disclose the general issue, and TO SHOW that The
Contest is one NOT between "the poor Indian and "A
party Of cruel and rapacOus "jayhaw ker but between
lot OF honest and laborious white settler; and private
specuaOr eager make large gains from his Investment
nr1cipaI Gnestion nyoved-the right OF the treaty
making power to ALLEVIATE the public domain-is not
old one by anv means. The practice of dispOsing OF
large tracts Of land TO corporations and private indiy
duas virtue Of treaties with the Indians possessing
such lands, commenced May 80 1862 10y treaty with
the Delaware Indians granting about 2OO acres of land
10 the INayenwOrth Pawnee and Western Railroad Com
pany and was pursued during the war with great vgo
resulting in the transfer OF small empire 10 few
rings" Of speculatOrs. The last treaty sale was TINS
Cherokee affair in August, 1866 since the present Ad-
mnisraiOn came into power several stupendOus land
grabs in this nebequeathed by the previous admins
tration-have been frustrated, and President Grant Is
apparently determined 10 put end TO these attempts,
Tor his Of Office at least What the supreme Court
win saw about the validity of such sales heretofore
sumnated, remains to be seen. GlP
| topeka, Kansas, June 30, 1871.