Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1889-02-28

get anything for that, where II Is
sold for school purposes.
Mr. Mayes. IL would 80 to ed
ucate somebody else. not Indians.
The chairman. This land was
appraised at AZ cents, was IL notP
Yes; without authority.
The chairman. Have you claim
cd the money!
l have not done so; if anybody
over did he had no authority to
do it.
The chairman. You do not know
about a claim made by the Chero-
kee people for that money!
| understood that there was q
claim made by some Cherokee del.
egates for the balance of the mon
ey, but ii there was they had no
authority to make the claim.
The chairman. | wanted to call
your attention to that matter.
If they had any authority they
had ii in writing and l would like
to see it presented.
The chairman. In 1882 n letter
was addressed to Mr.. Kirkwood, ,
secretary Of the interior, by Daniel
II. Ross and r. NJ. Wolf, Cherokee
delegates, and by Mr.. Phillips as
special agent, in which it is stated
that the land was appraised as the
law directed, in June, 1879 at 47.49
cents per acre, making an aggre-
gate of little moro than 5000
600. That letter l will read:
wAsiuNoroN, ID. q. Jan. n, 1891.
Hon. s. }. kIBKwocD, Secretary OF the lnte-
rior-SiR; In compliance with our Instructions
wo desire TO bring before you matter OF
considerable Importance, calling FOR early ac-
tion.
Your predecessor, under date OF February
2, leec, cent communication to congress con-
taining the arpraisement Of certain lands be-
longing to us and lying west OF the Arkansas
river, being In all G,hlt. .516 0i acres. Ofthnt
amount $50 ,oli 0a acres were appraised separ-
ately anil were 20 be paid for IN a manner al
ready prescribed BY act Of April 10. 1876, and
the remainder, 6,5il 5d2 acres, were Appraised
By the secretary ard president, as the law d.
rcctcd, In June, 1879. ~ fT 40 cents per acr,,
making an aggregate OF s3. .Ol3, 0S2 Upon this
there is due us interest from July l, 1919, TO
the present date. or date OF payment, at the
rate OF per cent. per annum. Upon that
amount there has been paid, by an appropria
tian in thu deficiency bill OF 1880, the sum OF
$500 600 and also an appropriation last year
Of $50 900 passed TO our credit last summer,
a. sums paid ON our lands thus appraised,
at an aggregate for the cnNfe tract Of ~ 20
cente per acre. II Will thus be seen that there
has been full recognition OF the amount thus
due us By the president, the department and
conNess We have, so FAR, been unable TO Sc
cure flll payment, and now ask that you scnd
an estimate Tor the principal and interest due
rs. OF the amount due we ask that the sum
OF ESQ, 900 he invested under tho act Of April
!, 1850, as q perpetual school and seminary
fund, and that the remainder be placed 30 the
credit OF the Cherokee nation, subject 20 the
action OF the Cherokee legislature or national
council. At the tins tue treaty OF July 70,
lsOG, was entered Into the demand was made
on Us that we cede ali our lands west of0J de-
grees, on the ground that they were immedl-
ately needed for the occupancy Of other indian
tribes. treaty had been made with the
Osages In lsG5 contemplating their removal 10
the Indian Territory, which was accomplish
Cd, and took part VI the tract. treaties were
also being at that time entered Into with this
ArnpGhOss. the Kiowas, tte Comanches and
the Cheyennes by which all the remainder Of
our lands lying west OF 90 degrees were set
50 set apart by the ratdeation OF these trea-
ties, and which allotmonts have never been
changed BY law, save insomuch ns has been
hereinbefo specified kvery confederation
OF law and equity required that we should
have been paid for the lands ceded long ago
Had our treaty been complied with we should
have been paid diteeu years ago. The treaty
has In All essential particulars been act aside
In no Instance were the Cherokees permitted
10 have voice in their aprraisement or disro-
sition 10 ls12 Gen. francla Walker, then
commissioner OF Indian affairs, IN letter
dated Feb. iG, is12. called the attention of the
secretary OF the interior 70 the subject and by
the secretary the matter was presented 10 con-
In the letter the commissioner sail "By the
terms OF treaty concluded Oct. 20, 1867, the
with CheyeaucB ard ArRpahoes a portion OF
west longitude. covering 4 80. 600 acres, more
or less, was assigned 10 and set apart as res
ervatlOn for said tribes, the United states
having received these lands from the Chero-
KEGS aud transferred them under treaty pro-
Visions recited 20 the Cheyennes and Arapa-
hoes, are, OF course responsible for the pay
ment to the ChefOkces OF the sums properly TO
be paid on the account Of these lands "
Under these communication the act OF
May 20. lsI2. was enacted, nni lually under
it. hsstated, the entire tract was appraised by
the secretary and the president IL was not
appraised as for particular tribes, but as u
had been az the date OF the law authorizing 10
set apart for certain tribes. the boundaries OF
said district distinctly set forth, and the Occu-
prints determined, 10 was without reference TO
the G'Toronce In value OF timber, valley, or
pasture land appraised as one entire tract
the valuation being for the wholeAs a single
body Tins disposed Of. and not an apprase-
ment Of particular tracts.
n was neither tho purposa Of the law, nor
would be In accordance with either law OF
equity. % pick out the most valuable tracts
and take them aLthe price hNed tho whole
We could not permit such a gross abuse OF the
trust, nor Is 10 20 be pres aned that the United
states authorities would be gnilty ofit We
have already suffered great wrong BY this de-
lay. We ask prompt remedy. Tue whole
amount should be paid now, and II Is all due
nnder tho only existing regulations and pro-
Visions. Nor is there any authority or law
under which only part % II could he paid
1f the United stnteG h unable 10 pay for Il all
al present, we ask that IL pay principal aud In
teresi for what lt wants, and restore the re-
mainder to ns as Il was before the treaty q
To one OF those two things we are beyond
all question entitled. Asking your favorable
recommendation at an early day As practical
DASiEL II Ross,
u. NJ. WOLT.
Cherokee delegates
w a. PHiLLiFs, special agent.
Mr.. Mayes. | have heard Of this
request on the part Of our delegates
but could never get n copy, and /
can now say no such authority or
power was ever given our delegates
by our councils, nor were the facts
of such n demand generally made
known among our people.
The chairman. They close up
the letter by saying: "Ifthe United
States is unable to pay for it all at
present we ask that il pay princi-
pal and interest for what it wants
and restore the remainder to US as
it was -before the treaty Of 1866"
That letter was dated in 1882.
Mr., Mayes. / say there was no
authority for that and if there was
any authority there must be some
thing on record to show it.
Senator Gray. Did | understand
you to say that you claimed that
the United States were under trea.
ty obligations not TO extend any
territorial government over any
portion OF the lands owned by or
ceded to the Cherokee nation?
Yes, sir; you will find the article
in the treaty.
The chairman. Ia il or is il not