The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1889-08-22

al RAO4l0B1OA d6 ~ BLtC 14lIuS &C
Pc led by the Poncas, PaWnees, Nez
ceS, Otoes and MisSouFis and con-
des this request by asking the COM
I lSsIoners to submit a proposition that
ne people can understand. The letter
concludes with the desire that the
commissioners convey to their govern
nent the confident belief of the Chero-
1eeS that the e'moSt august legislative
on eartho viii not, at the
oehest of clamOrOus boomers, despoil
.he Cherokee people of their rights.
THE REPLY.
The commissioners returned the fol-
lowing reply, after which they left for
Lhe ChOctaw agency:
Hon. Joel B. Mayes, Principal Chief Chero-
TAHLEoUAH, /. t., Aug. 1S.-Sir:
We have the honor to acknowledge re-
ceipt of your letter of yesterday. In
reply thereto we beg to say that the
intended to and we think
did make an explicit and exact offeron
the part of the United States to pay
the Cherokee nation 81 .25 per acre tor
its title, claim or interest, good or bad,
to all the land embraced in what is
known as the Cherokee outlet, west of
the Arkansas river, including the land
on which other indians are now located,
from the amount of pur-
chase money the sums the United
States has already paid to the Chero-
KEGS 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 1886.
Your government knows, and SO
does the government of the United
States knows what lands lie west of
the Arkansas River to which the Cher
okee nation make any claim. There
can be no misunderstanding on this
point. Your government knows and
so does the government of the United
States know just how much money has
heretofore been paid on account of
lands in the outlet west of the Arkan-
sas river. There can be no possible
misunderstanding on that point. The
act of congress and the instructions of
this commission, which has been out
lined by former letter. show exactly
the extent of the authority of this COM
mission. So there can be no misunder-
standing on that point.
THE TITLE NOT IN QUESTION.
We note your observations upon the
history of the claim. title or interest OF
the Cherokee in or to said lands, but
we most respectfully call your atten-
ton to the fact that these effects dc
not raise the question of the offer OF
81 .25 per acre, whether the title, claim
or interest is good, bad or Indifferent
The question as to what If any title
the Cherokee nation has to these lands
would come up for discussion if the
United states were negotiating for this
purpose with the question OF
fiflo in f1t in naEina this n fer.
and for the purposes of this offel
only, it valves any and all advantage
it might have in such negotiations Civ
en- to the Cherokee nation for this Oc-
casion-advantage of any trouble OF
question which may exist in the nature
of title, claim or interest in or to thu
lands of the Poncas. Pawnees, NeZ Per
COS, and Otoes and MissouriS. Thu
object of the United States in includ
| ing those lands in it's offer was to clea
away any possible claim of title on TIT
| part of the Cherokees to those land
now or hereafter and to make the title!
| of the tribes to their land perfect be
yond question, and give to the Chero
kee nation the advantage of receiving
81 .25 per acre for such lands. WaivinI
| for this occasion the right of the Unit
ed States to settle for these lands a
the appraisal thereof, heretofore mad
by the president, also for the remainde
of the outlet which by some treaty ant
| appraisal tine government has the RICH
| to settle friendly Indians upon; TIN
reason for including these lands in th
offer was so apparent that we did no
think now any explanation was neces
| sary. We do not see how any misun
Outstanding is possible on that point.
| THE QUIBBLING EXPOSED.
We also note your observation as t
the necessity of a change in certai
provisions of your constitution datin
from 1889 before the Cherokee natIO
can take effective action upon this o.
fer. This proposition Is q surprise
us. The treaties since 1889 max
transfer of lands in Kansas and lanC
in this Tertiary, and provide for tram
ser ~ she national council of Othe
Cherokee lands in Arkansas and stats
east of the Mississippi. The validit
of this transfer has never been que;
toned by the Cherokee nation and
has received and retained the purchai
money therefor without question
The transfer under the present off
would, we think, be as valid as tho!
were, and the United States will /
frmed by the national council.
1t will be the duty of the commissiC
and will give the members there
pleasure to return to Talequah whe
the national council meets in Mover
Der next and be ready to complete
treaty embodying this offer in case Il
offer is excepted by that body. II
commission will leave Talequah t
morrow morning to pursue it's labors
other parts of the territory. Its a
dress will be for some time in care
DIR. Bennett. the Indian agent.
Rendering our thanks for the hosp
able entertainment which has serVt
to render our stay in this nation
agreeable to US, we have the honor
] be yours very respectfully.
LUCIUS FAIRCHILD.