Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1888-10-30
THE OKLAHOMA CONVENTION.
To the Editor OF the Daily Eagle.
Tho road;r1..L &c tho Roard of Irada

Inc readiness OF the bOdTu VI lIdUo 10
father the responsibility of convention
called by the oklahoma boomers to be
held in Wichita, may be well enough as
a means of advertising Wichita; but
whether the movement itself with the
objects in view and the means used by
the followers of Capt. Payne will be wise
for the people Of Wichita to advocate, is
at least debatable. As understand the
questions, the Springer bill covers the
larger portion of the Indian territory,
regardless of treaties, patents, former
acts of congress and supreme court de-
cisions.
As TO the various Indian tribes, and
the tenure by which they hold their
lands, which would be involved in the
the present demand, have no knowl-
edge beyond that Of the Cherokee
nation. Whatever titles other tribes may
have, whether temporary occupancy
or title in fee simple, l nave had no IN
| terest 10 inquire; but as to the title of the
Cherokee nation to their lands, l have
some information which it Is the pur-
pose of this letter to lay before the Board
of Trade, who seem so ready to act upon
the suggestions of irresponsible parties.
The tribe of Indians known as the
Cherokee nation came into possession OF
their lands in 1880. Absolute fee simple
title to their lands was secured by treaty
stipulations at that time, between the
United States government and the Cher-
okee nation. In pursuance OF TINS treaty
! and Of an act of congress patent was
issued by the government to the Chero-
KEGS, December 81, 1888. The validity
of the several steps to vest the absolute
title of these lands in the Cherokee
nation has been affirmed by the sound
est iurists in the country. To say that
| the title was absolute and without
conditions would not be true, but the
very conditions served to strengthen the
| title as they served to emphasize the IN
tention of the contracting parties. For
example, the clause of the patent which
provides that in case the Cherokee
nation becomes extinct, or shall abandon
their lands. the same shall revert to the
United States" plainly means. that IN
case the Cherokee nation does not Be-
come extinct, nor abandon their lands,
| then in that case the estate shall remain
in said tribe of Indians.
In the United States supreme court, IN
| 1872. in The case of Holden VS.. Joy, the
court did not question the title OF the
Indians to the lands, but rather ques-
toned the right of the federal govern
ment to impose the conditions IN the
patent mentioned above. We mean the
provision for the reversion Of title III case
| the Indians became extinct. The court
said Strong doubts are entertained
whether that condition In the patent
| is valid, as it was not authorized
bv the treaty under which 1t was Issued.
BY the treaty the United states cove
nanted and agreed to convey the lands
in fee simple, and it may well be held
that if that condition reduces the estate
TO less than fee, it is void" 1t Will be
observed here that the court held that
the treaty obligation was sacred above
everything else; that an apparently pru-
dent and even necessary clause IN the
patent issued years afterward and &C
cepted by the Indians, was declared
void, because the former treaty had
failed to make such provision. And
this is the language of the supreme
court of the United States-the highest
authority known in this land. 1t does
not consult congress nor the president,
nor MIR. Springer, nor Mr.. Weaver, nor
Captain Couch, nor the board OF trade OF
| Wichita.
But we have other opinions. In the
case of the United States VS.. Reese IN
the United States district court tor
the western district of Arkansas, b
court said: There is no limitation N
the title conveyed by the United States
to the Cherokees. This title being a
base. qualified. or determinable fee, with
Of II nj
the right of reversion in the United
| States. all the estate is in the Cherokee
nation of Indians" Attorney General
Devens, in his opinion in January 1880,
in the Kansas school land grant case,
said: THE effect of the conveyance by
the United States to the Cherokee
nation of this tract of land. upon the
purchase made BY them under the treaty
of 1885, was to vt in the tribe fee
simple to said tract" And again: The
effect of this sale Ito the Cherokee s.
was to separate distinctly the tract from
the public lands of the United States,
and vest it in private ownership" We
could quote other decisions and opinions,
but these should be sufficient.
We have only to meet now
the claim that subsequent treat
les made with the Cherokees
have clouded their title. They have
made no treaty since these decisions, nor
performed any act which they have I'M
derstood to be REIMBURSEMENT of their
claim to an absolute title to their lands.
Long before these decisions, to wit, IN
1866. the Cherokees consented by treaty
that the government might reposSess a
norton of their lands. west of the goth
parallel, for specific purposes, VIZ:
..For the settlement of friendly Indians.
The treaty or contract goes on to provide
that these lands shall be paid for like
any other property purchased OF law
full owner, the price 10 be agreed upon
between the parties, they falling to agree
an arbitrator to be chosen, etc. But this
, was. for the settlement of friendly In
: dams, and there is wide difference be-
tween a friendly Indian and an un
friendly white man.
To those who are clamorous for more
public domain l would say that there II
a small district of country, neither
claimed nor occupied by any tribe o.
Indians. and originally known as Ok,
) lahoma. I have no map while
} write and cannot give the lati
| tude and longitude of the tract II
: question: but its west line Is about tel
miles east of Fl. Reno, and the plat i
about forty miles square. 1t is waterec
by both Canadians and many smaller
streams. 1t has been source OF grea
l trouble to the present as we'll as formel
t administrations. and the garrison at IT
t Reno has been kept constantly employed
2 in hunting the cattlemen off this sacret
spot. This tract of land was the origi
nal Oklahoma" and embraces all th'