Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1885-12-10

the committee appointed under
senate resolution No. 1. of the
present session, to investigate the
matter of the s300,0O0 appropri-
sted for the Cherokees by an oct
Of congress. March 3, 1SS3-that is,
whether said money was received
oy the Cherokee nation as an in
creased price paid on lands occupi.
ed by friendly Indians, to-wit, the
Pawnees, Poncas, Nez Perces, 0toes
and Missourias, or whether $500,
600 was an advanced payment on all
Cherokee lands west of the Arkan-
sas river, respectfully report:
First: The appropriation bill OF
March 3, 1888, above named, does
not specify any particular lands
west Of the Arkansas river, but
simply uses the words, educ under
appraisment for Cherokee lands
west Of the Arkansas river" The
inference from the said act itself is,
that the $500, 900 might have been
appropriated on all lands west Of
the Arkansas river.
The deeds Of conveyance ex-
ecuted by the Cherokee nation to
the occupied lands do not in any
way specify that the $500, 600 was
an increased payment on the occu-
pied lands.
The committee has applied to
the secretary Of the interior, during
its present session, asking for full
information on the subject, and
have a reply which is substantially
as follows:
Lands sold or disposed Of west OF
the Arkansas river:
To Pawnees, 2SO,oiG.Oa Aeres. at
Tot Sei Percss 1910 50 acres, Of
a. A- cents per acre ............... a, ,O5s. u
To the PoneAs lOl ,s9i 81 acres at
a 80 cents per acre ................ a, $50 Is
To the otoes and Missourias ~, ,lIs-
20 acres, at 40 cents per acre. 6l ,Sl5.7S
Total. Al........... s5l, 80. a acres, sssi ,79S "a
The secretary of the interior in
forms the committee that document
10, report from that department
under senate resolution is correct,
and furnishes the information nee
essary, which are the above fig
ures-that is the s313, 793. .73 was
the whole amount paid on the
lands occupied by the aforesaid
tribes of Indians, at the price before
stated.
On account OF Cherokee lands ly-
ing west of the Arkansas river the
following payments have been
made:
Under act OF March 5, 1851, to Poneas Is So. q
Under act Of March 3, lss3. ........... 800, 600.
Total amount t....................sG sGts 80. u
Now the 1918, 1878, being the
whole amount paid on the aforesaid
lands occupied by said friendly In
dians, as shown in the secretary's
report, by dedHcting that amount
from the s64S, 1894 which was
the whole amount appropriated on
lands west Of the Arkansas river. it
will leave a balance of 1884, ,595. ~,
paid on lands west Of the Arkansas
river and not occupied by any tribe
of friendly Indians-therefore is an
advance payment on the unoccu-
pied lands west Of the Arkansas
river.
In letter of January 9Th, 1888,
"a copy herewith furnished) ad-
dressed TO the secretary Of the in
terror, signed by delegates, r. B.
Ross, K. NJ. Wolfe and WA. Phil
lips, special agent for the Chero-
KEGS, they stated tnat they were
fully authorized by the national
council TO dispose OF the lands west
of the Arkansas river. The COM
mittee is at loss to understand
the proposition contained in said
letter, as it is not covered by the
instructions TO the delegation.
The testimony of l.. b. Bell, late
delegate to Washington city, in
structed to investigate the matter,
gives a clear and unqualified state
ment Of the fact, and he expressly
says the $500, 900, appropriated
March 3, 1888, was an advance pay
ment on the unoccupied lands west
Of the Arkansas river. The COM
mittee regards his testimony as very
important.
The testimony Of p. N. Black
stone, ex-senator from Canadian
district, and senator at the time
the s3O0,0 was received, shows
that money was received by act OF
the national council, under the
impression that it was an increased
payment on the lands occupied by
the Pawnees, Poncas, Nez Perces,
Otoes and Missourias at s1.25 pei
acre, as represented by Wa. Phil.
lips, special agent for the Cher
okees.
The committee holds that the
price or appraisement fixed by the
president is unjust, unlawful and
ought not to be binding on the
Cherokee nation. Nevertheless
there was an appraisement made
and the government looks upon il
as binding, and will continue to dc
SO if the Cherokee nation did re-
ceive the 100000 appropriated
March 3, 1888, on the unoccupied
lands without protesting against
the same, as the appropriation bill
says, "due under appraiscment for
Cherokee lands west of the Arkan-
sas river"
The committee is OF the opinion
that the 5000, 900 was received by
the national council under misrep-
resentation-that the payment OF
said money on the unoccupied lands
was entirely misunderstood by the
national council at the time the
money was received and ought not
TO be binding In law or eouitv and