The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1886-07-07

i
agreement.
They have received tho money and
the traosacti0n is closed. The country
lies uneccupied and has been for moro
than twenty years. The Cherokee strip
was ceded to the United States BY the
Cherokees also in 1866, for the purpose
of settling friendly Indians thereon,
and can not now be legally occupied,
either BY the Cherokees or BY their au-
thority, or BY white people. / call the
attention Of the committee to the opin-
ion Of Attorney General Devens, which
will be found in l6 Attorney Generals
Opinions, page 40.
One ]. w. Bell, : Cherokee, had, by
authority, - he claimed, Of the Chero-
kee Nation, settled upon the Cnerokee
strip. Hs was removed BY the milf
tary. The question IVES brought to the
attention Of the Attorney. General by
the Secretary Of the Interior - TO
whether Bell had right. being Cher
0kee, to occupy any portion Of the
Cherokee strip west Of IS e after it had
been ceded by the treaty Of 1866, and,
il not, whether the military had the
right to remove him. The Attorney.
General, after quoting tho terms Of the
treaty. suns up the whole matter in
the following language:
The fair Interpretation Of this article
would - that the lands TO which it refers
were absolutely reserved 70 the United
States upon the conditions therein named
for the settlement thereon Of tribes Of
friendly Indians. The jurisdiction and
possession Of tho Cherokee Nation, = 70 the
lands from time to time remaining unsold
nation to settle its citissns thereon
until the privilege acquired By the
United States 10 settle tribes Of
friendly Indians IN any part Of the terri
tory west Of 06 degrees should be satisfied,
or, in some authentic way, b rsnounced
And this being .. no peT00n attempting
settlement on these land can justify under
any authority given BY the Cherokee Ma
HIn.
On the contrary, it IL the duty, = 1t Il the
interest, Of the nation 70 prevent IT,
msnt. II appears that Bah produced no
evidence that tsnch authority had besn given
him, but IL he had, and tho visw above t.
ken be correct, the United STATES, IN the
maintenance Of their treaty privilege,
would have been justified in ejecting him.
Now here II an instance where .
Cherokee, . member Of the Cherokee
tribe, had undertaken to settle on the
Cherokee strip after the session Of 1856.
and the military force Of the United
States elected him, and the Attorney.
General decided that that ejectment
was rightful, and that his occupancy
was contrary to tho true meaning and
intent Of tho sixteenth article Of the
treaty.
And it il equally clear that the Cher
okee strip can not b legally occupied
by white people . loesees Of the Cher
okee tribe. This was officially decided
BY Attorney. General Garland on the
18th day Of July last in an opinion
rendered 81 the request Of the present
Secretary Of the Interior. This opinion
relates directly to the leases Of the cat
tie syndicates now occupying the Cher
okee strip, . we'll % to Ill Indian leas-
es within the United States. Hs says:
Bot the present inquiry In substance b a.
whether the Department Of the Interior
can authorize these Indians TO maze leases
of their lands for grazing purposes, or
vhsther the approval Of such leases BY the
President or the Secretary Of the Interior
would make them lawful and valid; ~
whether the President or the Department
of the Interior has authority to lease for
such purposes any part Of IN Indian reser>
vation.
-. 49,. -. .o-.. - ~. n.,.,+.
,,.hns;.a I.s .as s,,cS is..ss - 1. ,,esds
men. 70 - th p.s.;d.r. :, 81. - ..st.r. -
- snSs oa a..n 80 n.s. ,Ss .sr,a - 4 sr;.;. -
iii must lsst upon some Law, and there.
fore be derived from either treaty or stat
uIoiy Provasaon' .a.h M ho ~. :. sx..s =. 10 =. ~
,,ss ,Ls..y 4 "nsssion = tbst At conts,s
snch ,i noEer. The Revised Statutes contain
provisions regulating contracts or agree
ments with Indians, and prescribing how
they shall be executed and approved lsee
secsion zlOo!. Dn. sscss paOvl..ons ps s.;t oo nos
;nc.o1s ssoC S.is hs,. s1s S.sore msntionsa
NJ esnsrai T novsr annesrs to b. oonisrred
bv st:fote upon either the President OF
eecstary or any other officer Of the Gov
eminent to make. authorize. Or approve
leases Of lands held y Indian trioss !; and
tne sessnce q sucn n!G;Ss,,on GI .h,cS dTcSs1 ssd
nI - ths = sdoption ~ % Of the sct 81 Fsb is 1875.
cbsntsr ~ Is. TO suthorizs the seneca Nation
Of New York Indians to lease lands within
the Oastaraugus and Allegheny reservations
and 70 confirm existing leases" The act
r.t ctsa y %orsossr ssn,nca1s 1ss. !; snox,ng
c.nrot .n - lsase @ % thsir = ressr1suons vithout sn.
thority 81 some Law VI the Uuited States.
In NV opinion. therefore each Of the
oueetions proposed in your letter should be
ans swcred In me negative, and 90 answer
them.
xoxsreous rAcn.
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oT Th;s Mr chs;rman e not . man
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