Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-16
THE CHEROKEE OUTLET.
Chief Mayes Will Not Call the Council
Together at This Time.
The Commissioners Reply at Some Length to
the Letter Addressed to Them
on the Subject.
MAYEs' ANSWER.
Special to the Gazette.

commissioners have at last received
Mayes answer to their proposition. He
consumes 1000 words in discussing the
Cherokee title to the strip. He refuses
I. to call the Nation council in extra ses-
sion, saying that such step would not
hasten matters any, as the Cherokee
constitution would have to be changed in
case the Cherokees desired to cede part
of their lands to the United
States. and a change in the con-
stitution could not be debated until
the general election in August, 1891 He
says that the. term outlet was used mad
visedly By the commissioners, as it is
known to the Cherokees and by the Uni
ted States treaties as the "Cherokee
country He asked for an explana-
ton as to the lands occupied by the
Poncas, Pawnees, Nez Perces, Otoes
and Mlssouris. and concludes this re-
quest by asking the commissioners to
submit proposition that the people can
understand. The letter concludes with
his desire that the commission
ers convey TO their government
the confident belief of the Cherokee
that the most august legislative assem-
bly, on earth will not at the behest of
clamerous boomers despoil the Cherokee
people of their rights.
The commissioners returned the fol-
lowing reply, after which they left for
the Chocktaw country:
TAHLEQUAH, I. t., Aug. 49, 1899.
Hon. Joel B. MaYes, Principal Chief Cherokee
Nation, Tahlequah.
SIR-We have the honor to acknowl-
edge receipt of your letter of yesterday
and in reply thereto we beg to say that
the commission intended to, and we thing
did, make an explicit and exact offer
on the part of the United States to pay
the Cherokee nation 81 .25 per acre forIts
title claim or interest, good or bad, toaA
the land embraced in what is known as
the Cherokee outlet, west of the Arkan+.
sas river, including the land on which
other Indians are now located deducting
from the amount of purchase money the
sums the United States has already paid
to the Cherokees on account of the lands
in the outlet west of the river, and that
offer covered all the lands west of the Ar
kansas river within the boundaries of the.
Cherokee patent or the sixteenth article
of the treaty of 1866. Your governments
knows, and so does the government OF the
United States know what lands lie west
of the Arkansas river to which the Cher
can be no misunderstanding on that
point. Your government knows and so
does the government of the United States
know just how much money has been
heretofore paid on account of lands in
the outlet west of the Arkansas river.
There can be no possible mis-
understanding on that point. The
act of congress and the instruc-
lions of this commission which have
been stated in a former letter show
exactly the extent of the authority of
this commission so there can be no mis-
understanding on that point. We note
your observations upon the his
tory Of the claim, title or interests of the
Cherokee nation in or to said lands but
we most respectfully call your attention
TO the fact that these in effect 90 not
raise the question of the offer of 81 25
per acre, whether the title, claim or in
terest is good, bad or indiffer-
ent. The question as to what, if
any, title the Cherokee nation has to
these lands would come up for
discussions if the United States was ne
gotiating for this purpose with the ques-
ton of title in view, but in making this
offer, and for the purposes of this offer
only, it valves any and all advantages 1t
might have in such negotiation given to
the Cherokee nation for this advantage
of any trouble or question which may eX-
ist in the nature of their title claim of in
terest in or to the outlet. We also note
your observation as to the lands of the
POncas, Pawnee, Perces and OtOes and
Missouris. The object of the United
States in including these lands in its offer
was to clear away any possible
claim of title on the part of the Chero-
KEGS to these lands now Or hereafter and
to make the titles of the tribes to their +
land perfect beyond question and give to
the Cherokee nation the advantage of
81 .25 per acre for such lands,
for this occasion the right of the
United States to settle for these lands at
the appraisal thereof heretofore made by
the president, also for the remainder of
the outlet which by the same treaty and
appraisal the government has the right 10
settle friendly Indians upon. The rea-
son for including these lands in the offer
was so apparent that we did not think
and do not think now any explanation
was necessary. We do not see now anyS1
is possible on that
point. We also note your observations
as to the necessity of a change in certain
provisions of your constitution dating
from 1889 before the Cherokee nation
can take effectual action upon this offer.
This proposition is a surprise to us. The
treaties since 1889 make transfer of lands
in Kansas and lands in this Territory and
provide no transfer by the national
council of other Cherokee lands
in Arkansas and states east Sof
the Mississippi. The validity of the
transfer has never been questioned Ok
the Cherokee Nation, and it has receiveda
and retained the purchase money there
for without question. The transfer IN
der the present offer would, we sfhfnk.
be as valid as those were, and eUnited
States will be entirely satisfied with q
transfer confirmed by the National coun-
ell. 1t will be the duty of the commits
sion, and will give the members thereof
pleasure, TO return to Tahlequah when
the National council meets in November
next, and be ready to complete a treaty
embodying this offer in case the offer is
accepted by that body.
The commission will leave Table
Iuah tomorrow morning to prosecute
is labors in other parts of the Territory.
Its address Will be for some time IN care
If DR.. Bennett, the Indian agent. Teu-
lering our thanks for the entertainment
II