, 1872-11-26
THE KANSAS NEUTRAL LANDS.
History of an Important Caso---Dccf.
sion by the Supreme Court.

decided the long contested case between the set
tiers on the Cherokee neutral lands in Kansas,
company which purchased them from the Chero-
kee Indians. The title Of the land is declared
to be ii lr. Joy.
The lands embrace what is now Cherokee and
Crawford Counties IN Kansas, and q strip Of
eight miles Of the southern portion Of Bourbon
County.
The history of the title is briefly as follows: >
When the Cherokee Indians were removed
from their possessions in Georgia forty years
ago, lands were given them in exchange for their
lands east OF the Mississippi, in what is now the
Indian Territory, and. IN addition thereto, five
millions Of dollars.
In one section of the treaty it is recited that,'
fearing the exchanged lands were not adequate
to accommodate ali the Cherokee people, there
was sold to them 900, 900 acres of land addition
lands were to be conveyed to said Indians s'by
patent in fee simple, forever. :
By subsequent act Of Congress- the sum OF
$500, 900 was taken from the $4,000 referred
to, and covered into the Treasury, and q patent
issued BY lr. yanBuren, then President. to this
Indians. -.
From the fact that the small tribes Of Qua
paws, Senecas, and shawnees, and Seneca In
dians were located Immediately south Of this
purchase, and between it and the. Cherokee
Reservation proper, they we're mover formally
occupied by the Cherokees, and as white men
came locally known as the Neutral Lands.
There WAS q further provision in the treaty
that these lands should never bo included with.
in the boundaries Of any State, violated BY be-
ing incorporated with the State OF Kansas.
The Indians, BY the treaty OF 1866, made the
United stntes their trustee for the sale Of theso
lands. They we're authorized to be sold in two
ways:
b survey md appraisement, then to be dis
posed Of as Government lands are sold, and the
proceeds, -after payment Of expenses Of survey,
ETC., to be deposited in the Treasury for the
benefit Of the Indians.
Or to be sold in a body for caah, the money to-
go to the Cherokees,
Secretary Harlan, under this authority sold
them to the Connecticut Emigration Company,
His SUCCESSOR in ofioo, Secretary Browning,
upon r. written opinion Of Attorney General
6tanbery, set aside this sale on the ground that
q payment by insta1ments was not 8 cash sale
under the meaning OF tho treaty.
General Fremont then entered into treaty
for their purchase under cover Of aiding in the
construction Of q railway-the present Atlantic
and Pacific. The confirmation OF this treaty
was resisted before the United States Senate,
On the ground that the proposed railroad did
several miles south OF them, and that 1t was con-
trary to public policy to appropriate lands to the
construction Of q railroad that did not develop
them. The treaty Was defeated.
b. subsequent and supplemental treaty,
which settled the claim OF the Connecticut Com
F. Joy. representing the Missouri River, Fort
Scott T. Gulf Railroad, for 81 per. acre
cash. And as this road Was located through the
lands themselves, thus opening them to settle
ment and market, the tleaty; was ratified BY the
There WAS provision, however, in: the treaty,
reserying to settlers at. given date to. take
160 acres at the appraised value, which has re-