Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-10-25

tilt luiNitSt uiNUN bl tiNiil uiiuNi
the treaty Of 1925, was to YES. IN
the tribe n fee simple to said tract
(IIoldon cs. JOY. IL Wall. 21D.
This tribe did not hold this tract
by the ordinary Indian title,
which is one of occupancy only,
which may be continued indefin-
ately. In such case the fee
simple to the land is in the United
States. The effect of this sale (to
the Cherokees) was to separate
distinctly the tract from the pub
lie lands of the United States and
vest it in private ownership"
The 18th article of the treaty of
1866 GA Stats. SO4) provides that
1.-THE United States may settle
"friendly Indians in any part Of
"the Cherokee country west of the
1900, to be taken in a compact
form in quantity not exceeding
zone hundred and sixty acres for
teach member of said tribe thus
"to be selected the boundary Of
teach of said districts TO be dis
"tinctly marked, and The land to be
"conreyed in fec simple to each of
"sdid tribe, to be held in common
"or by their members in severalty
Gas the United States may decide.
"# + The Cherokee nation to re-
"tain the right of possession and
Jurisdiction over all of said coun-
"try west Of $50 oflongitude, until
"thus sold and occupied" "
"This article does not change or
modify ;he title q tho Cherokees,
or vest any title in the United
States, to the lands west of 900.
1t simply gives the United States
the right, with certain conditions
to follow, to settle friendly In
dians in that country. This is
the country which is supposed to
have been leased"
"Under the decisions of the
courts as to the title to which they
hold their lands, and the guaran-
tee pledged them by the United
States in the 10Th Article of the
treaty of 1866, can anyone ques-
ton or doubt their right to make
such disposition OF the grass grow.
ing on their lands, as they have
made, whether it be called a lease,
license or permit. The land is
theirs and they have an undoubt-
ed right to use it in any way a
white man would use it with the
same character of title, and an at
tempt to deprive the nation of the
right would be in conflict with
the treaty, as well as the plain
words Of the patent. They are
quite capable Of determining, with
out the aid of the interior depart
ment or congress, what is to their
advantage and the government
cannot interfere with their rightful
use and occupation Of their lands,
which arc rightfully theirs as the
public domain is that of the Unit
ed States, subject only to the pro-
visions OF Article lG, of the treaty
of 1866, which, at most is only a
contract to sell certain portions Of
the land, but until the govern
ment settles friendly Indians
thereon, and pays for the land,
the right Of possession and occu.
pancy is especially reserved.
"The department has not con.
sidered it the duty Of the commits
sioner Of Indian affairs or the Sec
retary OF the interior to interfere
with the affairs of the Chero kee
nation, except in cases especially
provided for by treaty with that ma
ton
Now with due respect for you
and that great and just govern
ment that you represent, we only
claim that which is certainly ours,
aud we have an abiding faith that
justice will be done us by the diff
ferent departments of the United
States government, with such
great and honest men as Grover
Cleveland at its head. This little
vineyard that it is the fortune Of
the Cherokees to own and occupy
as a patrimony-a heritage from
our loreiathers-secured to them
by the most sacred title from the
United States government, under
circumstances that forced them
away from their native homes they
had loved and cherished so long.
We feel as Naboth, that we cannot
surrender it or any right that we
may have in it, md ask that you
do not take il as was Naboth's
vineyard.
In view Of the opinions herein
quoted, and the Cherokees having