Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1882-11-17

I
salaries Of Judgcs--has been 70
the fiscal year ending Septembe
80, t20.517.93.
PRIMARY SCHOOLS.
The number of Primary Schools
as apportioned among the district
by law, are about up to the capae
ity of our School Fund to support
under the late law giving = prem
ium Of one dollar per head over Al
average of fifteen students. Thi
premium has had the effect o
raising the aggregate attendance t
1924 students; and to an avcrag
of 2,O97. The aggregate gain i
428, the average gain is 354.
The total enrolment of students
in attendance at the High and Pri
mary Schools and Orphan Asylum
is 4,O73.
For further information rs to tn,
details of their management and
suggestions for their further i'm
provement, refer you to the able
report of the Board of Education
herewith submitted.
OUR RELATION TO THE LAND WEST
OF 96.
! call your attention to q matter
which claims your closest consid-
eration. 1t is high time the rela.
tions of the Cherokee Nation al
we'll rs that of the United States ia
the extensive region which belongs
70 the Cherokee Nation, west of 06
should be examined and distinctly
understood.
1t has been erroneously thought
BY some that by the Treaty of 1855,
the Cherokees conveyed to the
United States for the settlement of
friendly Indians, the whole of
their country west Of 96. Such is
not the case. By reference to the
10th Article Of that Treaty it will
be plainly seen that no conveyance
whatever was made Of any lands.
The agreement in reference to the
Cherokee country west Of Sc was
substantially this-The Cherokees
agreed with the United States Gov
eminent, from whom they had a
deed for IA 600, ,OOO acres, embrac-
ing land both east and west of 96,
that they would sell out of the part
Of their landed estate lying west
one hundred and sixty acres to
each friendly Indian whom the
Unitod States might select to buy.
When the Indians should be locat-
ed there either in Tribes or separ-
ately, their land marked of, and
the price fixed and paid, it was
agreed that a transfer of title should
be made to such friendly Indians.
Until that time should come, the
were to retain full and
right of possession of,
and jurisdiction over, the country
to be transferred, by virtue Of the
deed and grant the Cherokecs ac-
quired from the United States in
the first place. As q matter of
the transfer of title to the
new purchasers, was to be made by
The Cherokee Nation. Moreover
here would be no meaning. sense,
Dr use, in the stipulation by which
he Chcrokces were pledged that
he friendly Indians should be
granted a deed in fec as a consum-
nation Of. their settlement on Cher
)kec soil, unless the chcrokces
we're presumed to have such title
N themselves, and there was a ne
,essity of binding them to its trans
Ter.
1t will be plainly seen that there
was not, nor could be, any convey
.ncc made by the Treaty itself.
The agreement was in the nature
'f a covenant whereby one of the
parties agreed, under certain con-
titions, and At some future time,
o make conveyance of a fixed
lumber of acres out ofthe Western
part of his estate to any third par
y Of q certain race whom the sec
md party might select to be pur-
:haser.
Under such . covenant II might
urn out that no person at all
would be selected; or could be in
luced to buy. 1t might also very
likely happen that not as many
'ould be found to purchase as
would consume the district of land
ct apart to select from. In either
ase, the right of tho party owning
he estate and entering into cove
lant in reference to it, would re-
main unchanged as to whatercr
'art Of the estate should remain nm
onrcyed IL pursuance Of the. core
lant.
Such is the relation the Cherokee
Nation this day sustains to the
'hcrokcc country west of96. That
ountry is described in our Patent
contained about nine
million acres. Some 2,500, 900
crcs more or less have been set
led under the Treaty and the
title only remains TO be
ormally transferred to the Indians
ettlcd there, to be finally extin-
uishcd. The remaining Q, 500, 900
crcs remain at this date a part Of
he Cherokee country, subject to
hc possession and jurisdiction of
heir Government. There is not
sufficient number Of friendly In
ians existing within the limits of
he United States, not permanent
y located, to take up one half the
md allotted for their settlement
a this Territory, at the rate of l60
cres each. There is therefore no
respect or probability that the
tie Of the Chcrokees will ever be
xtinguishcd by operation Of the
5th article of the treaty of 1866 to
ne half or ct least one third Of
1eir western country. X
Inasmuch then as, in the very
afure of things, SO long a. our
-caties arc observed, the Chero-
ecs must be expected to possess
nd govern for an indefp1n -time .
lrRe domain in that region, il Is