Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1885-07-30
A. 9. RAYMOND & CO.

priation until they are changed by
the power that made them.
Now what does this law say as
10 what was the consideration for
which this $500, 900 was appropria-
ted2 1t tells us in plain terms that
it was for Cherokee lands west of
the Arkansas river" and these
lands are not several tracts, as
Messrs. Ross and Phillips would
have us believe, but one tract. And
this one tract is occupied in part
Gas they respectively occupy the
sameD by the Pawnees, Poncas,
Nez Perces, Otoes and Missourias.
Now what one tract could these
several tribes be said to be occupy
ing in part, if not the whole tract
of Cherokee lands west of the
Arkansas river2"
But Messrs. Ross and Phillips
argue that the making of the deeds
to the several occupied tracts as
required by the act was the con-
sideration for which the appropri-
alton was made. This is a most
pitiable fallacy; it so far fails of
the elements of sound, legal ar
gument as to suggest TO the mind
Of the intelligent reader the idea
of some one or two fellows desper-
ately in search Of subterfuge.
Anyone at all acquainted with the
legal forms of business knows that
provisos are not the methods used
for expressing considerations;
these are the devices employed to
prescribe the time. place and other
circumstances under which the
consideration shall be performed.
This is the Office of the proviso in
this act. These occupied lands
had been paid for-yes, overpaid
for-as early as the 3d Of March,
1881. Deeds were due from the
Cherokee nation, but she had not
for some reason executed them TO
the United States. 1t was the
most natural thing in the world for
her, when importuned as we have
seen to purchase more land of us,
to say: "No, before We pay you
any more money for other lands
you must first execute TO us suita-
bic deeds for that portion which
we have already paid for" The
whole fact in a nutshell is simply
this-the act shows the considera-
tion for the $500, 900 to the United
States was all Cherokee lands
west of the Arkansas river" but
the money was not to be paid over
until the deeds had been executed
for the occupied tracts.
We might rest this discussion at
this point as forever settled upon
the authority of law, but we can
not close this article without calling
the readers attention to two things:
First-Notice the avowed pur-
pose and desire on part of the del
egation and the Especial agent" in
their two letters of the 4th and 9th
of January, 1888, to sell this very
piece Of land; together with the
uniform consistency Of the whole
proceedings in the matter until it
eliminates in the appropriation
act. AS piece of business look
ing to the sale Of all OF our lands
west of the Arkansas river, it is
mastery and complete.
Second-We admit that at this
late day the Indian department
and the interior department have
no jurisdiction over this question;
they cannot change one jot or little
of what has been fixed by the law.
But the officers Of these depart
ments are in a position to know
the true status of the case and their
words are not TO be disregarded in
this discussion; they tell us under
all the solemnity Of their high posi-
ton that this 100000 was appro-
priated on all Cherokee lands west
of the Arkansas river.
shall have more TO say upon
this subject in the near future.
RFDBIRD