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

rigA.s Of "the UDited States, or as coz
iarri1g AIRY right or authority or privilege
VVer sid lands upon any lGHse."
Ii Answer have to ssv and c.n assure
ECU thst, il ell arrangements heretofore
inside and hereafter TO be made, in the
collection CT revenue from that source
from parties licensed to Craze cattle
thereon, the Chsroksss never have, nor
will st any time interfere with any night
the L lited States may have in tcese
lands. U lder the IL 4 Art. OF the treEty OF
1865, the Cherokee Nation egreed inst the
United States might settle friendly m
Jiaps there under certain conditions.
The Cherokee nation will never in eDy
WAg evade this agreement. UAder said
treaty and under other treaties and our
paten; &c the lands, sustained by various
decisions Of the courts, the Cherokees
Claim the Absolute ownership and The use
snG right 20 occupy this land, and do not
expec. to part with it in any way contrary
TO tTesty stipulstion. The ClerUkees
nsye been using this land for graz.
ing purposes, 1s 1t is more adapted
to that thsn eIy other use, s8G have
ceen deyEipg revenue from thst source,
whicaS&Hs been Of much bepeti. to the
CReptEee people In the wsy Of education
SShe other purposes, and can assure you
THAT In so doing we are not conscious Of
having in any way interfered with any
right the United States msy have in the
premises. We f1d ths. we are sustained
in this opinion Of our rights by report
Of your predecessor, Hon. q. NJ. Teller,
under Senator resolution, who is now q
Senator Of high Standing gentleman
% ia
whose opinion as 10 our rights In tEis
land Was not disproged by the sns:e. [
resreC fully call your attention to . few
facts contained in mis- report:
"Rssolveo, that the committee on In
dian Affairs be instructed to inquire what
lease Of lands In the Indian Territory Or
Indian reservations for grszlug or other
purposes may have been msde by the
tribes of Indians thereon; the number CT
acres emorsced by each OF said leases,
the terms thereof, and persons, corpora
tons or associations named there
in as lessees. Also that he inc
quire IS to the circumstances un-
Ger which said leases were made and
the means used for obtaining the same,
and whether said Indians are authorized
Dy existing legislation, or s-e conducive
to the welfare Of the Indian Territory OF
Indian reservetions."
You will find the following part of
Mr.. Teller's report:
"Section 16 OF .he United States Re-
vised Statutes reads as follows:
"No purchase, grant or lease, or other
conveyance OF iands, or of any title or
claim thereto, from sny Indian nat on or
tribe OF Indians, shall be Of shy validity
In law or equity unless the same be made
by treaty or convention entered into pur-
suant to the constitution"
"Tnis section applies to purchase,
grant, lease or other conveyance OF land,
but it makes no reference to the products
thereof. No prohibition is imposed
upon the Indians as to the disposl
ton 'of the products Of the soil.
They are not prohibited from disposing of
the grass growing upon their lands any
more thsn they are prohibited from dis
posing CT the wheat, corn or vegetables
raised thereon as the fruits of their ls-
Dor"
"Ssction PLY OF the Revised Statutes
provides IS fellows:
"Eyery person who drives or otherwise
conveys any stock of horses, mules or
cattle to range and feed on any land be-
longing to any Indian tribe, without the
consent Of such tribe, is liable to q pen
atty Of 81 for each animal OF such stock"
"This section recognizes the RICH:
OF the Indsrs to dispose Of the grass
growing upon their lands; for if their
consent be given to Craze stock thereon,
the statute Is not violsted and the owner
CT the stock is not liable to the pensIl
imposed. II this conclusion be cQ2Scf,
by parity Of reasoning 1t would seeG thar
they would have the power to enter into
agreement, fixing the price to be paid, sid
for the protection OF their interesss.Y
"The privilege to Craze cattleasbu q
lisepse and rot lease. IteonEEHIo in
terest in the lands occupied"
GAN application to the department to
Jesse lands have been uniformly denied
for wsnt Of authority in the department,
but such refusal did in nowise interfere
with the rights Of the Indians to make
such use Of the llsnds as was consistent
with the character Of their title The per.
mits now complained OF as having been
givensby the Cherokees were given with
out even notice TO the department, and
neither the Cherokee nation nor
the parties holding such per-
mits have ever asked the depart
ment to approve the same. The Chero-
KEGS hsve fee simple title to their lands
and do not recognize the right Of the De-
psrtment to interfere In the management
OF their Affairs with reference thereto.
Patent was issued to this nation Of In
n lev khnfp Law dc