Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-22

Ben Reese, st the May term, 1879, Of tie
United States District court for the west
ern district of Arkansas, sf.er review
ing the various treaties and laws
/, and ceclsiors OF the courts
with ref srence to The Cherokee lands in
the Indian Territory, the court held that
! there is no limitation on the title convey
!, ed by the United Safes 10 the Cneru-
"Thls Indian title being base, qulli.
fed or deserminsble fee, with only The
possibility CT reversion, snd not the rign'
of reversion il the Unised States, all the
estate is il the Cherokse Nation Of IN
dams.
"Attorley- General D. vens, in his opin
ion of January 81, 1880, in the Kansas
school lsad grant indemnify case 16-
Opinions. 400 speskirg Of the SOC. 000
acres pu chased by the Caerokees,
under the last clause Of the
second article Of the treaty OF 1885, and
which are included in the the patent
Issued to Inc Cherokees Is provided by
article three OF that treaty, says: che
effect CT the conveyance by the United
S.s,es TO the Cberck'e nation CT this
tract OF land upon the purchase inside by
them under the treaty OF 1885, WAS to
vest N the tribe fee .aimple TO sid tract
(Holdsn vs. Joy, II Wall, 2l1 This
Tribe did net hold this t1act by
the ordiDsry Indian title, which is
one OF occupancy only, which may be
continued Indefinitely. Ia such s case
the iee-simple 80 the land i3 in the United
States. The feet Of this sale 90 the
Clerokaes) was TO separate distinctly III:
,ract from the pubic lands CT the United
Safes and vest il il privste oWnersnip
The eix. eenth article oI the treaty OF
1866 "a S:s:s. 500 provides that, "the
UGited States may sett!e friendly "Ia
oians in any psrs OF the Cherokee c0up-
:rY west of the 90 to be taxed IN & com
psct form. In qaantity not exceeding 100
acres for each member Of said tribes
thus to be selected; The boundary OF each
Hoi said districts &c be distinctly marked,
and the lsnd TO De conveyed in fee simple
to each of said tribes, 20 be held In CON-
mon or ~ their members in seVeral!y
as the United States may decide.
The Cherokee Nstion to retain the right
of possession and jurisdiction over Sill Of
said country west Ct SO OF longitude, IN
til thus sold and occupied.
"T1is article does not change or modi.
~ the tile OF the Cherokees, or vest sny
title in the United States, tc the lands
wes: Of Sc. 1t simply gives
the Uailed States the right with
certain conditions to follow, to settle
friendly Indlsns in that country. This is
| the couptry which is supposed 20 have
| been lessed."
"Under the decisions OF the courts SIS
to the title to which they hold their lands,
aud the guarantee pledged them by tie
United States in The sixteenth article OF
me treaty Of 1856, can any one question
or doubt their right TO make such disposi-
tlon Of the grass growing on their lands,
as they have made, whether II
be cslled q lease, license or
permit. The land is theirs and they have
an undoubted right to use 1t In any way 8
white man would use 1t with the same
character Of title, and an attempt &c de-
prive the nation of the right would be in
conflict with the treaty IS well rs the
plata words OF the patent. They are
quite capable OF determining, without the
aid OF The Interior Department or Con.
gress, what is to their advantage and the
government cannot interfere with theil
rightful use and occupation Of their
lands, which are righttully theirs as the
|
States, subject only to the provisions OF
article sixteen CT the treaty Of 1866,
which, at most, is only contract &C
sell certain portions CT the land,
bus until the government settles
friendly Indians thereon, and pays for the
land, the right Of possession and occu
paucy is especially reserved.
1.-THE department has not considered 1t
| no ~ Ind
Affairs or the Secretary Of the Interior to
interfere with the sffairs CT the Cherokee
Nation, excep: In cases especially pro-
vided for by treaty with that Nation"
| Now, With due respect for you and
, thst great and just government that you
represent, we only clsim that which is
certainly ours, and we have an abiding
faith that justice will be done Us BY the
different depsrta ents Of the Uaited
States government, with such great and
honest men as Grover Cleveland at It's
head. This little vineyard that is the
fortune OF the C1erokees to own and &C.
cupy es pattim ny. heritage from cur
| torefatAeIs--secured TO them by
the most sacred title from tie
United States government, under cir.
cumstsnces that forced them away from
TIER nstive homes they hsd loved and
cherished so lcpg. We feel SO Nab 9TH,
that We csnnot surrender Ii or any right
that we may have in il, aDd ask that you
do not take it as WAS Naboth's vineyard.
In view of the opinions herein quoted,
and the C1erokees having owned by
patent, used and occupied this country
for more than half century undis-
turbed, we expect to continue to own and
use it-especially to derive 8 revenue
from its various resources, Its minerals,
timber and grazing privileges. Very re.
tspeettully, ]. B. M1xEs,
h Princtpsf Chief.
lssesl oisaHofth OssclinS PLUG CUT,
moking. T0bacco is rich 1dm Doth. 4: