New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-21
THE CHEROKEE QUESTION.
HAS NOT THE NATION BECOME EXTINCT
THE TITLE TO THE WESTERN OUTLET -ias
REyHRsroN TO THE GOVERNMENT

In negotiating with the Cherokees, VINO "ere 'ho"
settled in Kansas arranging terms upon which they
should move 10 their present lands IN inc Inulah
Territory rcafirmed stpulatiens made at the pre-
ced,nr conferences and declared that the Cherokees
should have your lands and an outlet 10 the West,
and that: 1t is TO be always understood that IN
removing the white settlers from Lovclys Purchase
for the purpose Of giving thu outlet promised you
10 the West. you acquire thereby no right TO The
soil but merely outlet of which you appear
TO be already apprised" In 1928 a treaty was
made. referring 10 and expressly based upon this
and other pledges Of the Government, providing
for "a permanent homes Of 100000 acres where
the Cherokees are settled. and an outlet to
the West far tire dominion of tho United states
extended"which then extended 10 the ono hundredth
degree Of longitude Other treaties in 1880, 1850
and 1885 included other matters. but had the same
provisions as this the permanent home and inc
outlet. and treated them distinctly different
This is always clearly marked When the OhcroSees
that had remained Of the Mississippi loinco Incr
people in the west. a treaty. in 1884 pfoNue"
that whereas the Cherokees apprehended het 'ho
lands already stipulated for would not be SUFFICIENT
for the accommodation Of the whole nation, sOo'ooo
acres additional lying north Of the permanent nome
tract. should be included in the patent whish was
done This additional tract was not az AN hoc"ou
for the Cherokees II the outlet could nave Doo"
used by them for residence purposes Du' d"
fair If only the permanent home tract oo"''
SO used In 1890 the patent reciung inc par
NJ the treaties referring the letter quote" ABOVE
and expressly declaring itself made pursush' \" "0N
land there WAS no other authority for the patent was
isSed II included the permanent home ue ou'io'
and the 900 The Cherokees ihoVeu li'o'
and have ever since cultivated and uSod the Poiiha
neps home tract. but have never az any tihe iNei
IN or used the outlet. although 1t immediately az
toined the permanent homo and was fertile ana al
tractive. The outlet was intended as way :" ui'
buffalo grounds 10 the wcst
In 1866 the buffalo having almost disappeared q
treaty with the Cherokees provided that the ohteo
STATES mght settle friendly Indians on the outlet at
the rate of l6o acres 10 each Indian at price 10 Dc
fixed BY the Chcrokees and the settling Indians bu'
II they did not agree the President TO set the
price Under this stipulation five tribes now there
were put on about 500 900 acres of land for which
the Cherokees were paid, President Hayes fixing the
price for that taken at AZ 49-1Oo cents per acre
These Indians contiguous tracts extending
from the north the south OF the outlet so that the
CheroLees could longer II as an outlet without
tlespassing Oh the Indians so settled Then inc
Cherokecs in 1882. having passed law for the sale
of an of the outlet the United States, two OF
their principal officers TO Washington who III long
letter requested OF the United states payment for the
remainder OF the outlet. and obtained S3OoOoo as
part Of the payment This money the Cherokecs stlL
retain.
ILLEGAL CATTLE LEASES.
Ten years ago. cattle men searching for pastures
found the outlet desirable, but barred against them
By the United states. They then carefully elaborated
the doctrine that the patent conveyed the right Of
soil IN the outlet and that the Indians being
OF the soil could rent the outlet to Craze cattle on.
They then rented from the Cherokecs. and have con-
tnucd use. the outlet pasture. The rental
prices have varied from 100000 TO 100000
annually and the pay ments have been usually slow
and Irregular ScandalOus reports 10 the relations
of Cherokee officials with the cattlemen have been
common ever since and embter Cherokee politics
before and after each election. The United States
has never recognized any tide In the CherOkces to the
outlet. such the letter of 1891 indicated.
The ofiica! map, called the Centennial map, made
in 1876 and that made in 1887 show the Cherokee
permanent home7 belonging to them, but the
outlet as belonging the United states The Attorney
General IN 1850 decided that cattle leases by the
ChcrOkoes the outlet were Illegal and void.
such is the title OF the Cherokecs TO the outlet II
promised only outlet and patented 70 than
under authority OF treaties describing II outlet.
In 1866 their right bought TO such tracts that
tho remainder could not by any possibility be used
by them as on outlet.
When e. was proposed last winter open oha-
homa and the outlet for settlement, the Cherokee
leaders urged their title 10 the outlet and that a
mission be- sent 10 treat with them 70 it, Tho
Government sent a commission and offered 81 25 per
acre for the Cherokee claim, title interest in the
por capita, held by the Government in trust and
per cent that paid to the Cherokces Annually.
From the SIS 900 would be deducted about 800 900
already paid on the outlet, leaving about S7540,00o
10 be pad The interest," If this wero left in
trust with the Government, would be about 1917 900
per year. This nearly twice the amount the Indians
now irrcgularly get from the cattlomen, who fail
would be paid promptly and certainly by the Govern
ment.
FEW OF THE CATTLE COMPANIES SOLVENT
Contrary 10 the general suppoSitIon, the cattlemen
in the outlet have not made money but have lost
heavily during the last three years. It is doubtful
If one-thiid OF the companies there solvent
ut their annual meeting last winter they discussed
an increased rental and decided that neither expert
ence nor the outlook would justify increase. After
that action taken, deciding that no higher bid
would be made by the Cattle Association. Congress
directed the Commission to offer the above price
Then seeing that offer, single firm OF catlemen. or
their own behalf solely wrote the Cherokee chief q
letter which was Immediately published. offering
100000 per year for five years, 100000 per veal
for tho next five years and $4,000 per year for TIT
third five years-makng total of SG,60OOO0 for ff
teen years rent The firm making the offer have moi
that any approaching IT. II tho seasons
and markets should be as those past have been, The
firm could not possibly pay the rental They would
have to first make it out of the lease No Intelligent
man believes that sum be made by leasing Of
paSturlng tho outlet for that term. If the offer wa
accepted by the Cheokees IL could not be enforced II
any court They % not regard 1t as a real business
offer and have so far not accepted it or taken any
action as to It. except 10 have It published.
If the cattle offer were IN good faith and carried
cut for five years only, the Chcrokees would lose
$177,oOO a year, the interest the Governments
offer exceeding the cattle offer by that sum. The
loss would be the II the doubled rental were
paid for the next five years onlya rental those usng
the outlet say cannot he paid The offer is commonly
treated as a bid TO help battle the Government
I'm It's negotiations. Prairie much pastlIred becomes
steadily less valuable and weeds. If the otfe
had based the value of the pasture the larger
rental would have been for the first years Of the
The result Of such pasturng would be land worthless
long before the end of the lease. 1t could not Dc