The New York herald., 1872-12-22
IMPORTANT REVELATIONS.


WASHINGTON, Dec. 20 1s12
A Conspiracy % Ccfraud the. United
States and tho Cherokee Nation-In-
dictment or the Conspira ators-History
OF the Great Indian Land Controversy.
Information has been received here that true
bill was found ct the recent term Of the United
States Circuit Court held at Asheville, o. against
George w. Sweps0n, John T. Deweese, W. Levi
Love, John w. Thomas and several others, for q
conspiracy to defraud the Cherokee Indians and
the United States government out OF large
amount OF money
The original location Of all the Cherokee Indians
was that mountainous region OF country c0mpris-
ing Western North Carolina Northwestern South
Carolina, Northeastern Georgia and Eastern Ten
nessee. Immediately after the close OF the
Revolutionary War North Carolina, by the
act Of 1883, acknowledged the title OF
the Cherokees to the lands claimed
by them within her limits and actually guaranteed
their title for securing them q permanent home.
In 1908, the tribe, shown by the preamble OF the
treaty Of 1917 with the United States. was
recognized as divided into upper ana lower
towns. The uppeI towns sent delega-
ti0n to Washington to represent to the
President OF the United States the desire OF their
people to "engage In the pursuits OF agriculture
and civilized life." and to remain permanently In
the country they then occupied, while the lower
towns desired to remove West, ''where game was
plenty" This Is the origin OF the division OF the
Cherokee nation into the Western and Eastern
Cherokecs the latter branch, numbering about
twelve hundred, still residing among the caves OF
their fathers In Western North Carolina and
Northeastern Georgia.
On the 9th Of January, 1sO9 President JEFFERSON
desired to crafty the wishes OF both parties Those
who desired to enligrate should be provided with
the MEANS and "those who desired to remain might
be assured Of the patronage, aid and good neigh
borhood OF the United States" The treaty Of 1877
carried this policy into effect. The first article
cedes to the United States all the land In the
boundary designated, and In consideration therefor
the United States stipulated, in the third article
to have census taken Of the whole tribe, includ-
ing In one class small portion of the tribe that
had already emigrated to Arkansas together
with those desiring to emigrate; and, in
the other class, those who desired to
remain East and engage in agriculture and the pur-
suits Of civilized life. By the fourth article the
nuities due the tribe were to be divided and paid
to these two classes divisions In proportion to
their numbers. A part OF the lands East owned by
the Cher0kees were to be surrendered to the
United States In proportion to the number OF emf
grants, to whom, by the fifth article, the United
States stipulated to give an equal quantity of lands
West, 'acre for acre" for the lands which they in
proportion to their numbers entitled to East.
To the other class, those desiring to remain, the
United States stipulated to pay the value OF their
improvements on the lands ceded and also to al
low them to take reservations on the ceded as
well as the unceded territory Of $40 acres for each
head OF a family. Under this provision large
%Ito
provision the Eastern Cherokees found their still
unsettled claims for reservations.
BY far the most important treaty. however, made
with the Cherokees is the treaty Of 1886. BY this
treaty the Cherokees still remaining east, ceded
every Of their territory east OF the Mississippi
to the United States. The consideration to he paid
by the United States for this cesson was $4,000 00
The second article of this treaty provides that the
United States, under former treaties and under the
present, as a fulfment OF subsisting stipulauions
shall convey to the Cherokee Indians, within de-
scribed boundary west OF the Mississippi 100000
Of acres OF land, with . perpetual outlet
west. The twelfth article Of the treaty provides
that all individuals and heads of families Of the
Cherokee Nation that are averse to q removal
West shall be entitled to receive their due portion
of all the personal benefits accruing un-
der this treaty. Under this article the
Cherokees residing East claim their pro rata shall
be in all the lands which were ceded to their
nation at the time OF the treaty. The details Of
the Cherokee land controversy are complicated
but the substance is as above stated. The Western
Cherokees claim that the exclusive title to these
lands are vested in them and that the Eastern
Cherokees can only participate in the enjoyment
of them by removing West. The Eastern Cherokees
claim the right to remain where they are and
receive their pro rata SHARE The controversy has
had an eventful history. Attorneys General Mason
and Crittenden, and former Secretary Of War
and OF the Interior, have decided in favor OF the
Eastern Cherokees; but their decisions, owing to
some cause or other, have not been executed.
The matter is still pending and vast interests are
interests Of railroad and land com.
panes and corporations. The treaty Of 1866 would
have cut or the Eastern Cherokees with an
allowance Of s25OoOo. But additional legislation
was necessary to execute the treaty. and this the
representatives Of the Eastern Cherokees have so
far succeeded in preventing. statement OF the
claim OF the Cherokees East and a digest Of the
seventeen or eighteen treaties touching upon 1t
have been fled with the Senate Committee on In
dian Anars The whole Cherokee business will
be most likely taken up and disposed Of this ses-
sion, probably referred to a special committee or
to the Supreme Court by special act. Fraud has
accompanied the history of the Cherokee case at
every step, and 1t is hoped that the indictment
found against the persons whose names are given
above will elicit discoveries which will lead to the
final settlement OF this long contest terms just
to the Indians and honorable to the United States