The Iola register., 1889-08-23
THE CHEROKEE OUTLET.


Chief Mayes Replies to the Ofrer of tn,
Commlssion- Pointed Rejoinder Of the
Commissioners.
IAHLEoUAH. T.. Aug 16-The Conn
missioners have at last received Chief
Mayes' answer totheir proposition. He
consumes 2'yo0 words in discussing the
Cnerokee title 10 the Strip. II, refuses to
call the National Council in extra session,
saying that such step would not hasten
matters any, as the Cherokee Con stitution
would have to be changed in case the
Cherokees should desire TO cede a part of
'neir lands to the United States and
change In the Constitution could moi be
'nade until the general election z
august, 1891. He saws thu
the term ''outlet" was used unadyisedlv bv
the COMMISSIONER, as it is known to
me Cherokees and by the United
states treaties as the Cherokee countryn -
He asked for an explanation ne tn the
lands occupied by the Poncas, Pawnee,
Nez Perces and Ottes and Missouris aud
concludes the request BY asking the Com
missioners to submit a proposition that the
people can understand. The letter con.
cludes with the desire that the Commis-
sioners convey to their Government the
most august legislative assembly on
earth" will not. at the behest of clamorous
boomers. despoil the Cherokee people of
their rights.
The Commissioners returned the follow
ing reply, after which they left for the
Chocfaw agency:
Hon. Joel Il IMdyss, Priacipal Chief Cherokee
Nation, TdhLeQaah:
TAHLEQUAH, 1 T. Aug. 13-Sir: We have
the honor to acknowledge receipt of your letter
OF yesterday. In reply thereto we beg to say
that the Commission intended to and we think
did make an explicit and exact offer on the
part OF the United States to pay the Cherokee
Nation A.25 per acre for its title. claim or in
terest, good or bad TO all the land embraced in
what Is known as the Cherokee Outlet. west
of the Arkansas river including the lani on
which other Indians are now located. deduct
ing 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 Arkansas river within the
boundaries of the Cherokee patent, or the six
teenth article Of the treaty Of 1866.
Your Government knows and so does the
Government of the United States know what
lands lie west OF the Arkansas river TO which
the Cherokee Nation make any claim There
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 pad on
account Of lands in the outlet west of the Ar
kansas river There can be no possible misun-
derstanding on that point. The act of Congress
and the instructions OF this Commission which
have been outlined in a former letter, show ex-
actly the extent OF the authority of this Com
mission. So there can be no misunderstanding
on that point.
We note your observations upon the history
OF the claim. title or interest of the Cherokee
Nation in or to said lands. but we most respect
fully call your attention TO the fact that these
effects do not raise the question Of the offer Of
sl.25 per acre whether the title, claim or
interest is good. bad or Indifferent The Ques-
ton as 10 what IL any title the Cherokee Ma
tfon has to these lands would come up for dis
cussion il the United States were negotiating
for this purpose with the question Of title
in view. but in making this offer
and for the purposes OF this offer
only. 1t valves any and all advantage it might
have in such negotiations given to the Cherokee
Nation for this occasIon-advantage Of any
trouble or question which may exist in the ma
ture Of their title claim or interest in or to the
lands Of the Poncas, Pawnees, Nez Perces and
Otoes and Missouris The object of the United
states in including those lands in its offer was
to clear away any possible claim OF title on the
part OF the Cherokees to those 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
receiving s1.25 per acre for such lands. Waiv-
ing for this occasion the right of the UniSd
States to settle for these lands at the appraiyal
thereof heretofore made by the President, also
for the remainder OF the Outlet which by tho
same treaty and appraisal the Government has
the right to settle friendly Indians upon; the
reason 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 how any misunderstanding is
possible on that point.
We also note your observation as 20 the
necessity OF a change in certain provisions of
your Constitution dating from 1<39 before the
Cherokee Nation can take effective 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 pro-
vide for transfer by the National Council Of
other Cherokee lands in Arkansas and States
east OF the Mississippi The validity Of this
transfer has never been questioned by the
Cherokee Nation and IL has received and re-
tanned the purchase money therefor without
question. The transfer under the present offer
would, we think, be as valid as those were and
the United States will be entirely satisfied
with transfer confirmed by the National
Council.
1t will be the duty of the Commission and
will give the members thereof pleasure to re-
tura to Tahlequah when the National Council
meets in November next aid be ready to COM
pete a treaty embodying this offer In case the
ofier is accepted bv that body The Commits
sion will leave Tahlequah tomorrow morning
10 pursue its labors in other parts OF the Terri
,ory. Its address will be for some time in care
,f DIR. Bennett. the Indian agent.
Returning our thanks for the hospitable en-
ertainmenr which has served to render our
.tay in this Nation so agreeable to US we have
he honor to te yours, very respectfully.
LCCIUS FAIRCHILD,